A Bill to provide for the establishment of a permanent Bench of the Supreme Court of India

at Jabalpur.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

1. This Act may be called the Supreme Court of India (Establishment of a Permanent

Bench at Jabalpur) Act, 2015.

2. There shall be established a permanent Bench of the Supreme Court of India at

Jabalpur and such number of Judges of the Supreme Court, being not less than nine in

number, as the Chief Justice of India may from time to time nominate, shall sit at Jabalpur in

order to exercise the jurisdiction and power for the time being vested in the Supreme Court in

respect of cases arising in the State of Madhya Pradesh and such other territories as may be

notified by the Central Government with the approval of the Chief Justice of

India from time to time.

Short title.

LOK SABHA

————

The following Bills were introduced in Lok Sabha on 4th December, 2015.

BILL NO. 161 OF 2015

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

Establishment

of a Permanent

Bench

Supreme Court

at Jabalpur.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Article 130 of the Constitution provides that the Supreme Court shall sit in Delhi or in

such other place or places, as the Chief Justice of India, may, with the approval of the

President, from time to time, appoint. It is proposed that a permanent Bench of the Supreme

Court with not less than nine Judges be established at Jabalpur in the State of Madhya

Pradesh. The city of Jabalpur is centrally located in the heart of India. Considering the

increasing pendency of cases before the Supreme Court as well as the distance of New Delhi

from southern and eastern parts of India, establishment of a permanent Bench in central

India would not only reduce the burden of cases before the Supreme Court but also reduce

the cost of litigation. The ultimate purpose of establishing any Court is to enable access to

justice which has been recognized by the Supreme Court as a Fundamental Right. The

establishment of a permanent Bench of the Supreme Court at Jabalpur would greatly ease the

trouble of litigants living in Central, Eastern as well as Southern parts of India and would also

decentralize the work of the Supreme Court.

The present Bill, therefore, seeks to establish a permanent Bench of the Supreme Court

at Jabalpur with a view to:—

(a) decentralize the work of the Supreme Court;

(b) ensure speedy justice for backward and rural parts of India;

(d) reduce pendency of cases before the Supreme Court.

Hence this Bill.

NEW DELHI;

RAKESH SINGH

March 16, 2015

————

PRESIDENT'S RECOMMENDATION UNDER ARTICLES 117(1) AND 117(3)

OF THE CONSTITUTION

[Copy of Letter No. K-15019/5/2015-US. 1 dated 1 July, 2015 from Shri D.V. Sadananda

Gowda, Minister of Law and Justice to the Secretary General, Lok Sabha].

The President, having been informed of the subject matter of the Supreme Court

(Establishment of a Permanent Bench at Jabalpur) Bill, 2015 by Shri Rakesh Singh, M.P.,

recommends the introduction of the Bill under article 117(1) and consideration under article

117(3) of the Constitution, in Lok Sabha.

————

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. (1) On and from the date of commencement of this Act, the State of Telangana shall

have the status of a Special Category State.

(2) The Special Category Status to the State of Telangana shall entitle the State with

such benefits as the Central Government may, by notification in the Official Gazette, specify.

(3) Without prejudice to the generality of the foregoing provision, the State of Telangana

shall be entitled to the following benefits:—

(a) special Central financial assistance through grants or loans on the basis of

90:10 ratio with 90 per cent. to be contributed by the Central Government and

10 per cent. to be contributed by the State Government;

(b) such fiscal incentives and concessions in excise and custom duties, income

tax rates and corporate tax rates, as may be deemed necessary, to promote

industrialization and economic growth; and

3. There shall be paid such sums of money out of the Consolidated Fund of India,

every year, as Parliament may by due appropriation by law provide, as special financial

assistance to the State of Telangana to meet the costs of such schemes of development, as

may be undertaken by the State with the approval of the Union Government, for the purpose

of—

(i) promoting the welfare of the Scheduled Castes, the Scheduled Tribes, the

minorities and the Other Backward Classes of citizens;

(ii) development and proper utilization of the resources in the State; and

(iii) development of backward areas including expansion of social and physical

infrastructure.

4. Notwithstanding anything contained in any recommendations or guidelines of the

Central Government fixing a limit on the net proceeds of borrowings by the State Governments,

the Government of the State of Telangana may raise resources through borrowing upto

3.49 per cent. of its Gross State Domestic Product to eliminate revenue deficit.

5. The provisions of this Act shall be in addition to and not in derogation of any other

law for the time being in force.

Special

financial

assistance.

Special

Category

Status to the

State of

Telangana.

Raising the

ceiling on

borrowings.

Act not in

derogation of

other laws.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The new State of Telangana breathed life on June 2, 2014 after more than half a century

of struggle and owing to the results of a democratic movement that has been unrivalled in

modern India. The historical injustice and exploitation faced by the region has compelled it to

begin its existence in a highly backward condition. Nine out of ten districts of the State of

Telangana were identified by the Centre as backward and were under the Backward Regions

Grant Fund (BRGF). The Telangana region in the undivided Andhra Pradesh faced severe

infrastructural and development deficits, incidents of drought, water and electricity shortages

and suicide by farmers.

In order to address these challenges, financial assistance in various forms is required

from the Centre, particularly under the Backward Regions Grant Fund, which has since been

discontinued. With nine out of ten districts being officially designated as backward, the

State of Telangana should be accorded a Special Category Status State.

Sub-sections (1) and (2) of section 94 of the Andhra Pradesh Reorganisation Act, 2014

provides that the Centre shall support both Andhra Pradesh and Telangana States in their

development endeavour through various measures, including tax incentives. The special

package which has been provided to the State of Andhra Pradesh should therefore be

extended to the State of Telangana also. As conditions being faced by the people of the State

of Telangana are similar to those being faced by the people in certain parts of Odisha,

Madhya Pradesh and Uttar Pradesh, it becomes necessary that special plans like the

Koraput-Bolangir-Kalahandi (KBK) special plan of Odisha and the Bundelkhand plan for

Madhya Pradesh and Uttar Pradesh should also be implemented in the State of Telangana.

As all these efforts require increased amounts of expenditure, the Fiscal Responsibility

Budget Management guidelines for raising resources through borrowings for the State of

Telangana should be upto 3.49 per cent. of Gross State Domestic Product. Such a step of

providing Financial assistance to the State of Telangana would go a long way in building a

stronger nation.

Hence this Bill.

NEW DELHI;

VINOD KUMAR BOIANAPALLI

6th May, 2015

————

PRESIDENT'S RECOMMENDATION UNDER ARTICLES 117(1), 274(1) AND 117(3)

OF THE CONSTITUTION

[Copy of letter No. 42(4) PF-I/2015 dated 23 July, 2015 from Shri Jayant Sinha, Minister

of State in the Ministry of Finance to the Secretary General, Lok Sabha].

The President, having been informed of the subject matter of the State of Telangana

(Special Category Status and Financial Assistance) Bill, 2015 by Shri Vinod Kumar Boianapalli,

M.P., recommends introduction and consideration of the Bill in Lok Sabha under articles

117(1), 274(1) and 117(3), respectively, of the Constitution.

————

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for according Special Category Status to the State of

Telangana. It further provides that the Central Government shall extend special financial

assistance through grants, loans, fiscal incentives and concessions in excise and custom

duties, income tax rates, corporate tax rates for industrialisation and economic growth and

allocation of funds for specific development projects. Clause 3 provides that there shall be

paid such sums of moneys out of the Consolidated Fund of India every year, as Parliament

may by due appropriation by law provide, as special financial assistance to the State of

Telangana to meet the costs of such schemes of development, as may be undertaken by the

State with the approval of the Union Government.

The Bill, therefore, on enactment, will involve expenditure from the Consolidated Fund

of India. As the sums of money which will be given to the State of Telangana as special

financial assistance will be known only after the welfare schemes to be implemented by the

State Government with the approval of Union Government are identified, it is not possible to

give at this stage the estimates of recurring expenditure, which would be involved out of the

Consolidated Fund of India.

No non-recurring expenditure is likely to be involved out of the Consolidated Fund of

India.

————

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

(i) "sexual relationship" includes sexual intimacy and sexual intercourse; and

(ii) "tribal" means a Scheduled Tribes as defined under clause (25) of the

article 366 of the Constitution of India.

3. No person shall enter into a sexual relationship whether consensual or otherwise,

with a tribal woman without lawfully marrying that woman.

4. Any person who violates the provisions of section 3 shall be punished with

imprisonment for a term which shall not be less than three years and shall also be liable to

pay to the tribal woman and child, if any, born out of such sexual relationship, a subsistence

allowance at such rate, as may be determined by a Court of Law of appropriate jurisdiction:

Provided that where more than one person enter into sexual relationship with a same

tribal woman in contravention of the provisions of section 3, each such person shall be

subject to punishment and payment of subsistence allowance as aforesaid.

5. It shall be the responsibility of the officer-in-charge of a police station, where an

offence under section 3 takes place, to ensure the recording of the complaint of the tribal

woman.

6. Where the officer-in-charge of a police station does not register the complaint of a

tribal woman, he shall be held guilty of an offence of criminal negligence and shall also be

subject to such departmental action, as may be prescribed by rules made under this Act.

7. (1) The Central Government may, by notification in the Official Gazette, make rules

for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made,

before each House of Parliament, while it is in session, for a total period of thirty days which

may be comprised in one session or in two or more successive sessions, and if, before the

expiry of the session immediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or both the Houses agree that the

rule should not be made, the rule shall thereafter have effect only in such modified form or be

of no effect, as the case may be; so, however, that any such modification or annulment shall

be without prejudice to the validity of anything previously done under that rule.

Definitions.

Prohibition

on sexual

relationship

with a tribal

woman

without

marriage.

Punishment.

Responsibility

of the

officer-in-

charge of the

police station

to register a

complaint.

Penalty for

not

registering a

complaint.

Power to

make rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Constitution (Scheduled Tribes) Orders list the names of certain tribes as Scheduled

Tribes. The Constitution of India also makes special provisions in favour of persons belonging

to these tribes to ensure their political representation in the legislative bodies and social and

economic welfare. However, the women folk of these tribes, particularly tribal unwed mother's

need special protection.

The scheduled tribes population is approximately 84.3 million, constituting

8.3 per cent. of the total population of the country. Out of this, males are 42.6 million and

females are 41.7 million, accounting for 8.01 per cent. and 8.40 per cent., respectively, of the

total population as per 2001 year Census. The disturbing de-tribalisation trends in tribal

societies such as gender equality, lower fertility and mortality patterns seem to be gradually

eroding, as they get more integrated into non-tribal society and their traditionally sustainable

livelihoods are being encroached upon. The persent socio-economic trends expose tribal

women and girls to high risk of sexual exploitation by non-tribal persons. Social interaction

and exchange controlled by dominant non-tribal social groups at workplace, residence and

schools make tribal girls and women the most vulnerable object of undue sexual advancement

and exploitation.

There are thousands of unwed mothers among the tribes in India. It is evident that

attaining unwed motherhood as an identity dehumanizes and discredits individual victims.

Thus, it is critical to examine the life of tribal unwed mothers from an increasingly detribalising

structural context that imposes a wide range of structural disabilities upon the victims. It is

thus essential to make a law for the protection and empowerment of tribal women in general

and tribal unwed mothers in particulars.

NEW DELHI;

MULLAPPALLY RAMACHANDRAN

July 1, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 167 OF 2015

A Bill further to amend the Constitution of India

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

1. This Act may be called the Constitution (Amendment) Act, 2015.

2. In article 58 of the Constitution, in clause (1), in sub-clause (a), for the word "citizen",

the words "natural born citizen" shall be substituted.

3. In article 66 of the Constitution, in clause (3), in sub-clause (a), for the word

"citizen", the words "natural born citizen" shall be substituted.

4. In article 75 of the Constitution, in clause (1), the following proviso shall be added

at the end, namely:—

"Provided that no person shall be eligible to hold the office of the Prime Minister

unless he is a natural born citizen of India."

Short title.

Amendment

of article 58.

Amendment

of article 66.

Amendment

of article 75.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The ongoing process of globalisation of the country's economy has enabled the

global multinational corporations to establish a powerful presence in India. Some of these

corporations have annual turnover which is almost one half of India's Gross National Product

(GNP). Given the enormous role that money has come to play in the political life of the

country, there will be temptations for these corporations to use the power of their money to

influence political developments in India.

At the same time foreign print media has begun to make inroads into our country.

Alongwith western electronic media, it has launched a cultural offensive with a view to

influence the thinking of Indian people.

These developments are fraught with grave consequences for India's sovereignty.

Sooner or later, these foreign economic and cultural interests can be expected to make efforts

to influence India's decision makers to formulate policies which may not be in national

interest.

India's citizenship laws enable foreign born persons to acquire Indian citizenship. The

Constitution of India enables any Indian citizen to be the President, the Vice-President or the

Prime Minister, unless he is otherwise debarred. In the changing global scenario, it will not be

beyond the capacity of foreign interests to manipulate a situation to project a person who is

not a natural born citizen of the country and whose patriotism may be in doubt.

The posts of the President, the Vice-President and the Prime Minister are not merely

sensitive posts, they hold in their hands decision-making powers which can take the country

to wars or make compromises on the nation's security. Any person whose patriotism is

untested should not be trusted with the fate of one sixth of humanity. That is why, in the

United States for instance, only a natural born citizen is eligible to be elected as the President.

This Bill seeks to amend the Constitution to make only natural born citizens of India

eligible to be the President, the Vice-President and the Prime Minister.

Hence this Bill.

NEW DELHI;

BHOLA SINGH

July 2, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 189 OF 2015

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Sixty-sixth year of the Republic of India as follows:—

1. This Act may be called the Constitution (Amendment) Act, 2015.

2. After article 275 of the Constitution, the following article shall be inserted,

namely:—

“275A. Notwithstanding anything in article 275, there shall be paid out of the

Consolidated Fund of India as grants-in-aid of the revenues of the State of Bihar such

capital and recurring sums as may be necessary to enable the State to meet the costs

of implementation of schemes for accelerated development of the State including

development of infrastructure, generation of adequate employment opportunities and

Short title.

Insertion of

new article

275A.

Grants from

the Union to

the State of

Bihar.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

for undertaking relief and rehabilitation measures in the flood and drought prone

areas:

Provided that there shall be paid out of the Consolidated Fund of India a sum of

rupees ninety thousand crore as one time grants-in-aid of the revenues of the State of

Bihar and a sum of rupees thirty thousand crore every year to that State:

Provided further that such grants-in-aid shall be in addition to the annual

allocation made by the Finance Commission to the State of Bihar and such other

financial assistance as may be provided by the Government of India to that State:

Provided also that the grants-in-aid referred to in this article may be reviewed by

the Government of India on the expiration of a period of five years from the

commencement of this Act.”.

3. After article 371-J of the Constitution, the following article shall be inserted,

namely:—

“371K. Notwithstanding anything in this Constitution, the President may by

order made with respect to the State of Bihar, having regard to the requirements of the

State as a whole for development, poverty alleviation, employment opportunities and

other welfare measures for the people of the State, provide for:—

(a) implementation of long term schemes for accelerated development of

the State;

(b) an integrated scheme for flood control particularly in respect of rivers

originating in the neighbouring countries;

drought prone areas of the state;

(d) long term schemes for the development of infrastructure such as roads,

highways, electricity, industries, sanitation, healthcare and such other projects;

and

(e) adequate facilities for technical education, vocational training, equitable

opportunities for employment in services under the control of the Government

and in private sector.”.

Insertion of

new article

371K.

Special

provision

with respect

to the State

of Bihar.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Bihar is strategically one of the most important States of the Indian Union, but

unfortunately stricken with acute backwardness. Its underdevelopment and educational

and social backwardness are mainly due to the consistent neglect by the Central Government

and absence of good governance. Mother nature has also not been kind to this State, as half

of the State is drought prone, while the other half is prone to floods. Bihar faces the fury of

floods every year mainly from the rivers originating in the neighbouring country of Nepal.

The State is inhabited by tribals, dalits and other socially and economically backward people

and is facing numerous problems such as widespread unemployment and lack of industrial

development due to very poor infrastructure. There has also been unprecedented rise in

cases of various diseases mainly vector-borne diseases like malaria, filaria, kala azar, dengue,

encephalitis, and other diseases like water-borne diseases, cancer, AIDS, heart ailments, etc.

The road network of the State is in shambles and educational facilities are in a very poor

shape particularly technical, medical and vocational education. Investment in the State, be it

domestic investment or FDI, is dismal. There is no adequate infrastructure like power, irrigation,

roads, railways, communication, etc., in the absence of which it is not possible to accelerate

the growth and development of the State at the desired levels.

In the year 2008, the flood waters of the river Kosi originating in Nepal devastated a

major part of the State as it breached its embankments displacing millions of people. Most of

these displaced people are yet to be rehabilitated. Though the State Government is doing its

level best to rehabilitate these displaced people and also to bring about overall development

of the State, but this is not possible without the active support of the Centre as the State will

require huge Central assistance. Therefore, rupees ninety thousand crore as grants-in-aid

and additional rupees thirty thousand crore annually needs to be allocated to the State of

Bihar for its overall development.

For this purpose new provisions are to be inserted in the Constitution to enable the

Centre to release the required funds to the State.

Hence this Bill.

NEW DELHI;

BHOLA SINGH

July 2, 2015.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

"31. Every citizen who lives below poverty line shall have the right to—

(i) adequate health care;

(ii) shelter;

(iii) education upto the level of graduation;

(iv) guaranteed employment; and

(v) essential items of daily use at concessional rates.

Explanation.—For the purposes of this article,—

(i) "person living below poverty line" means such person whose monthly

income from all sources is such as may be determined by the Union from time to time

after taking into consideration all relevant factors as it may deem fit:

Provided that different criterion may be fixed for different classes of persons in

various States and Union territories.

(ii) "guaranteed employment" means employment for a minimum period of two

hundred and forty days in a year;

(iii) "essential items of daily use" includes fuel, items of groceries, vegetables,

milk and other edible items necessary for a decent living.".

Basic facilities

to citizens

living below

poverty line.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

In our country a huge number of people are living below poverty line. Despite several

measures to improve their lot, their standard of living has not shown any significant

improvement. The people living below poverty line live in slums under miserable and

unhygienic conditions. For want of adequate health care, many of them die in their early

ages. They mostly remain illiterate. It is the duty of the Government to take care of the those

sections of the society. The people living below poverty line should be given some basic

facilities in order to enable them to lead a reasonably decent life. Therefore, it is proposed to

amend the Constitution with a view to making it mandatory on the part of the State to provide

certain facilities to persons living below poverty line.

Hence this Bill.

NEW DELHI;

BHOLA SINGH

July 2, 2015.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

2. After section 17 of the Air (Prevention and Control of Pollution) Act, 1981, the

following section shall be inserted, namely:—

"17A. (1) Notwithstanding anything contained in clause (g) of sub-section (1)

of section 17, the standard of emission for four-wheeler automobiles with regard to

composition of emission of air pollutant into atmosphere shall be same throughout the

country.

(2) For the purposes of sub-section (1), the State Board shall, in consultation

with the Central Board, notify adoption of—

(i) Bharat IV emission norms by 31st December, 2015 in areas where such

norms are not in force on the date of commencement of this Act;

(ii) Bharat V emission norms by 31st January, 2017 in areas where Bharat IV

emission norms are in force on the date of commencement of this Act; and

(iii) Bharat IV emission norms for new heavy duty trucks by 31st December,

2015 in areas where such norms are not in force.

(3) The State Board shall, in consultation with the Central Board, notify adoption

of Bharat V emission norms by 31st January, 2017 in their application to two wheeler

and three wheeler automobiles.

(4) Notwithstanding anything contained in other law for the time being in force,

the State Government shall have all the powers to give effect to the provisions of this

section.".

Insertion of

new section

17A.

Standard of

emission

norms in

respect of

four wheelers

and other

automobiles.

14 of 1981

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Indian Constitution is amongst a select few in the world that contains specific

provisions on protection of environment. The provisions of the Constitution highlight national

consensus on the importance of environmental protection and improvement besides laying

the foundation of jurisprudence of environmental protection. The Supreme Court has impliedly

treated the right to live in a pollution free environment as a part of Fundamental Right to Life

under article 21 of the Constitution.

Despite the recognition of importance of a pollution-free and clean environment in our

Constitution by the founding fathers of an independent India, the reality remains grim at the

moment. India's high air pollution is ranked by World Health Organization (WHO) among the

worst in the world. As per recent study, approximately half of India's population

(660 million people) lives in areas where air pollution is not considered safe for healthy

habitation, and this excess pollution alone reduces life expectancy by 3.2 years (on average).

Technically speaking, 2.1 billion years that India loses due to high air pollution can be put to

use for nation's best interests. Out of 1,622 cities surveyed by WHO last year for suspended

particulate matter (especially for particulate matter 2.5, which stands for Particulate Matter—

2.5 micrometers or less in size), India was home to 13 of the top 20 cities with most polluted

air, with the capital city Delhi topping the charts by registering levels that are 15 times of

levels considered 'safe' by WHO. The human cost is soaring cases of asthma, respiratory

diseases, heart attacks, strokes and even cancer. Indoor and outdoor air pollution is estimated

to claim 1.6 million lives a year. Besides loss of national time, precious lives and increased

risks of health hazards, air pollution has also led to loss in crop yields, which poses threat to

agricultural produce particularly wheat and rice and the status of India being a major rice

exporter.

As India moves ahead on its growth path and prosperity, and if status quo is maintained

with regard to fuel mix for automobiles, air pollution shall continue to increase, exacting toll

from public health, crop yields, rainfall patterns and climatic change. Developed countries

have also faced the same problem at the time of industrialization, but have cleaned up their

environment since then. India also needs to act fast to stem the growth of air pollution.

Though multiple options are present to take a positive step, it is important to focus on

the main reasons. Revision of emission norms by vehicular traffic including heavy duty

trucks is one such step that can be acted upon to make a positive impact. As on date, Bharat

Stage IV emission norms are followed in National Capital Region (NCR) and 13 other cities,

whereas the rest of the country follows Bharat Stage III emission norms. This discrepancy,

besides running the risk of being construed as a violation of fundamental right to healthy life

for all, presents a bigger risk of encouraging use of fuels with higher emissions (in rest of

India), particularly heavy duty trucks which are the one of the largest emitters of PM 2.5

particles.

Hence this Bill.

NEW DELHI;

FEROZE VARUN GANDHI

July 2, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Amendment of

section 46.

Amendment of

section 8.

3. In section 8 of the principal Act, after sub-section (2), the following sub-section

shall be inserted, namely:—

"(2A) The National Executive Committee shall meet at least once every quarter

or more often, as it deems necessary.".

4. In section 15 of the principal Act, in sub-section (1), for the words "as and when

necessary" the words "at least once every quarter or more often, as it deems necessary,"

shall be substituted.

5. For section 27 of the principal Act, the following section shall be substituted,

namely:—

"27. The District Authority shall meet at least once every quarter or more often,

as it deems necessary.".

6. For section 43 of the principal Act, the following section shall be inserted, namely:—

"43. (1) Subject to approval of the Central Government, the National Institute of

Disaster Management may specify the number, nature and category of officers and

employees required by it for carrying out its functions.

(2) The salary and allowances payable to, alongwith the terms and conditions of

service of, officers and employees shall be such as may be specified with the approval

of the Central Government.

(3) The National Institute of Disaster Management may, if deems necessary,

appoint consultants on such terms and conditions, as it may deem fit.".

7. In section 46 of the principal Act, after sub-section (1), the following sub-section

shall be substituted, namely:—

"(IA). The Finance Commission shall, once in every five years, determine the

corpus of the National Disaster Response Fund.".

8. In section 47 of the principal Act, after sub-section (2), the following sub-section

shall be substituted, namely:—

"(3) The guidelines for identification of projects and utilisation of National

Disaster Mitigation Fund shall be prepared by the National Authority in consultation

with the National Institute for Transforming India Aayog.".

9. In section 48 of the principal Act, after sub-section (1), the following sub-sections

shall be inserted, namely:—

"(IA) The Finance Commission shall, once in every five years, determine

the corpus of the State Disaster Response Fund constituted under clause (a) of

sub-section (1).

(IB) The guidelines for identification of projects and utilisation of State Disaster

Mitigation Fund, constituted under clause (c) of sub-section (1), shall be prepared by

the State Authority in consultation with the National Institute for Transforming India

Aayog and be subject to review and monitoring once every five years.".

10. In the principal Act, in Chapter XI, under the heading 'Miscellaneous', before

section 61, the following sections shall be inserted, namely:—

"60A. A community group, youth organisation or a voluntary agency

may—

(a) assist the State Authority in all disaster management activities;

Amendment of

section 15.

Substitution of

new section for

section 27.

Substitution of

new section for

section 43.

Meetings.

Officers and

other

employees of

the National

Institute.

Amendment of

section 47.

Amendment of

section 48.

Insertion

new

sections

60A and 60B.

Duties

c o m m u n i t y

groups, youth

organisations

and voluntary

agencies.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) participate in capacity-building vulnerability reduction programmes

and training activities;

(d) assist in conducting damage assessment and in carrying out

reconstruction and rehabilitation activities in accordance with the guidelines

framed by the State Authority; and

(e) provide such assistance to the State Authority and take such other

steps as may be necessary for disaster management.

60B. It shall be the duty of every citizen to assist the State Authority or a person

entrusted with or engaged in disaster management, whenever his assistance is

demanded for the purpose of disaster management particularly, but not limited to, for

the purposes of prevention, response, warning, emergency operation, evacuation and

recovery.".

Duties of

Citizens.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Disasters and Disaster Management generally get discussed in their aftermath followed

by renewed interest in mitigation planning and disaster response in a responsible and effective

manner. India is a disaster prone country plagued by various kinds of natural disasters, such

as floods, drought, earthquakes, cyclones and landslides every year. Millions of people are

affected every year and the economic losses caused by natural disasters amount to a major

share of the Gross National Product (GNP). Every year, huge amount of resources are mobilized

for rescue, relief and rehabilitation works following occurrence of natural disaster.

India has put in place a Disaster Management Act, 2005 in order to mitigate occurrence

and impact of disaster alongside providing disaster response in a timely and effective manner.

From an organization perspective, the Act envisages governing bodies at national, state and

district levels and provides for such bodies to convene on "as needed" basis. This has

resulted in the National Executive Council, a body consisting of Secretaries of various

Ministries of the Government of India and responsible for formulating the National Plan, not

meeting even once from May, 2008 to December, 2012, although the country had faced many

natural disasters during the period. This was also mentioned in the Comptroller and Auditor

General (CAG) report on Disaster Preparedness. The present Bill seeks to correct this anomaly

by calling for a minimum number of meetings every quarter to ensure that action plans are

formulated and implemented effectively.

The CAG report also comments adversely on the project management capability of the

National Disaster Management Authority (NDMA), as no major project undertaken by NDMA

has seen the light of the day due to deficient planning and lack of coordination with nodal

ministries. It is, therefore, proposed in the Bill that the projects be taken up in consultation

with NITI Aayog with the corpus of funds being determined by the Finance Commission and

reviewed on a periodic basis. This step will ensure better planning and focus, reduce

duplication of work being undertaken by nodal ministries and improve financial management.

The Bill also seeks to define the roles and responsibilities of various community

groups, voluntary agencies, youth organizations and more so, citizens of the country, which

is similar to existing provisions being followed in Gujarat, as these bodies/individuals play a

major role in disaster response in the current context. Lastly, the Bill also provides for

strengthening the National Institute of Disaster Management, a premier institute for training,

capacity building and management of natural disasters, on pan-India basis.

The proposed amendments would make a positive contribution to the way we view,

mitigate and respond to disasters, especially at a time when the country is reeling under the

impact of frequent and unforeseen disasters.

NEW DELHI;

FEROZE VARUN GANDHI

July 2, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 218 OF 2015

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

1. This Act may be called the Constitution (Amendment) Act, 2015.

2. For article 340 of the Constitution, the following article shall be substituted, namely:—

"340. (1) There shall be a Commission for the Other Backward Classes to be

known as the National Commission for the Other Backward Classes.

Short title.

Substitution

of new article

for article

340.

National

Commission

for Other

Backward

Classes.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) Subject to the provisions of any law made in this behalf by Parliament, the

Commission shall consist of a Chairperson, Vice-Chairperson and three other Members

and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson

and other Members so appointed shall be such as the President may by rule

determine.

(3) The Chairperson, Vice-Chairperson and other Members of the Commission

shall be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission:—

(a) to investigate and monitor all matters relating to the safeguards

provided for the Other Backward Classes under this Constitution or under any

other law for the time being in force or under any order of the Government and to

evaluate the working of such safeguards;

(b) to inquire into specific complaints with respect to the deprivation of

rights and safeguards of the Other Backward Classes;

development of the Other Backward Classes and to evaluate the progress of

their development under the Union and any State;

(d) to present to the President, annually and at such other times as the

Commission may deem fit, reports upon the working of those safeguards;

(e) to make in such reports recommendations as to the measures that

should be taken by the Union or any State for the effective implementation of

those safeguards and other measures for the protection, welfare and

socio-economic development of the Other Backward Classes; and

(f) to discharge such other functions in relation to the protection, welfare

and development and advancement of the Other Backward Classes as the

President may, subject to the provisions of any law made by Parliament, by rule

specify.

(6) The President shall cause all such reports to be laid before each House of

Parliament along with a memorandum explaining the action taken or proposed to be

taken on the recommendations relating to the Union and the reasons for the

non-acceptance, if any, of any of such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with which

any State Government is concerned, a copy of such report shall be forwarded to the

Governor of the State who shall cause it to be laid before the Legislature of the State

along with a memorandum explaining the action taken or proposed to be taken on the

recommendations relating to the State and the reasons for the non-acceptance, if any,

of any of such recommendations.

(8) The Commission shall, while investigating any matter referred to in

sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5),

have all the powers of a civil court trying a suit and in particular in respect of the

following matters, namely:—

(a) summoning and enforcing the attendance of any person from any part

of India and examining him on oath;

(b) requiring the discovery and production of any document;

(d) requisitioning any public record or copy thereof from any court or

office;

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

There are ample schemes and special provisions for the welfare of the Other Backward

Classes in the country. However, there has not been any paradigm shift in their socio-

economic conditions. In such a situation, need is being felt for a better and strong institutional

system to put an end to their exploitation and ensure their overall development. There are

provisions for the National Commission for the Scheduled Castes and the National

Commission for the Scheduled Tribes in the Constitution. Similarly, there is a need to

constitute a National Commission for the Other Backward Classes on the lines of the

Commissions for the Scheduled Castes and the Scheduled Tribes. Under article 338(10) of

the Constitution, the National Commission for Scheduled Castes is empowered to address

grievances not only of Scheduled Castes but also of Other Backward Classes. However, due

to excess workload and inadequate staff, National Commission for Scheduled Castes is not

in a position to cater to the work related to Other Backward Classes. The Parliamentary

Committee on the Welfare of the Other Backward Classes in its first report (2012-2013) had

also recommended for giving constitutional status to the National Commission for Other

Backward Classes. Though, under article 340 of the Constitution, the President is empowered

to appoint a Commission for the Other Backward Classes from time to time, but it is not

effective to address the grievances of the Other Backward Classes.

The Bill, therefore, seeks to amend the Constitution with a view to provide constitutional

status to the National Commission for Other Backward Classes.

Hence this Bill.

NEW DELHI;

RAJEEV SATAV

July 3, 2015.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Short title.

BILL NO. 197 OF 2015

A Bill further to amend the Sixth Schedule to the Constitution of India in its application to

constitution of District Councils and powers of the District Councils and Regional

Councils.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follow:—

1. This Act may be called the Sixth Schedule to the Constitution (Amendment)

Act, 2015.

2. In the Sixth Schedule to the Constitution,—

(i) in paragraph 2, for the existing sub-paragraph (1), the following sub-paragraph

shall be substituted, namely:—

"(1) There shall be a District Council for each autonomous district

consisting of not more than forty members who shall be elected on the basis of

adult suffrage.";

Amendment

of the Sixth

Schedule.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(ii) in paragraph 3, in sub-paragraph (1), after entry (j), the following entry shall

be inserted, namely:—

"(k) traditional occupations of the tribals including occupations relating

to mines and minerals."; and

(iii) in paragraph 4, after sub-paragraph (1), the following sub-paragraphs shall

be inserted, namely:

"(1A) Notwithstanding anything in this Constitution, where a Regional

Council or a District Council resolves that the customary practices and laws are

to be protected, the Governor shall refer the matter to the Legislative Assembly

of the State concerned.

(1B) Where the Legislative Assembly of the State concerned agrees to the

resolve of a Regional Council or a District Council, the Governor shall issue a

specific order in this behalf.".

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Despite various provisions protecting the customary lives of the tribes under the Sixth

Schedule, the Schedule had remained only on paper. Orders of various forums, which are

squarely contrary to the Constitutional guarantees given to the tribes under the Sixth Schedule,

are being thrust upon the tribals thereby leading to diminishing of the Constitutional

safeguards and purpose of the Sixth Schedule.

It is, therefore, proposed to amend the Sixth Schedule to the Constitution, with a view

to—

(i) increase the numbers of the members in the District Council from thirty to

forty, as originally envisaged in the Constitution;

(ii) bring traditional occupations of tribals relating to mines and minerals under

legislative competence of the District Council; and

(iii) protect customary practices and interests of tribals.

Hence this Bill.

NEW DELHI;

VINCENT H. PALA

July 6, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 177 OF 2015

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

1. This Act may be called the Constitution (Amendment) Act, 2015.

2. In the Seventh Schedule to the Constitution,—

(i) in List I-Union List, Entry 56 shall be omitted;

(ii) in List II-State List, entry 17 shall be omitted; and

(iii) in List III-Concurrent List, after entry 32, the following entry shall be inserted

namely:—

"32A. Regulation and development of inter-State rivers and river valleys.

32B. Water, that is to say, water supplies, irrigation and canals, drainage and

embankments, water storage and water power.".

Short title.

Amendment

of the Seventh

Schedule.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Life is impossible without water. All living beings including human, animals and plants

need water for their survival. Therefore, it is desirable that requisite amount of water is

available without any hindrance for drinking and irrigation.

Around ninety-seven per cent. of the water on the Earth is salty water and only three

per cent. is fresh water; slightly over two thirds of this fresh water is frozen in the form of

glaciers and polar ice caps. The remaining unfrozen fresh water is found mainly as ground

water.

Ground water is a renewable resource, yet the world's supply of ground water is

steadily decreasing with the depletion of water table, most prominently in Asia and North

America. It is still not clear that how much natural renewal balance of fresh water is available

or whether ecosystem will be threatened for want of fresh water in near future. The

framework for allocating water resources to water users where such a framework exists is

known as water rights.

At present, water is a State subject and is considered as primary responsibility of the

State Governments.

The Bill seeks to amend the Seventh Schedule to the Constitution with a view to

transfer entry 56 of List-I Union List and entry 17 of List-II State List pertaining to 'Regulation

and Development of Inter-State Rivers and River Valleys' and 'Water', respectively, to List-III

Concurrent List so that the Central Government and the State Governments concerned can

also play their due role for regulation and development of inter-State rivers and conservation

and sustainable use of water to meet the growing needs of the society.

Hence this Bill.

NEW DELHI;

GAJENDRA SINGH SHEKHAWAT

July 7, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 205 OF 2015

A Bill to provide for compulsory national disaster response training for all able-bodied

gazetted officers of the Central Government and for matters connected therewith.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

1. (1) This Act may be called the Gazetted Officers of the Central Government

(Compulsory National Disaster Response Training) Act, 2015.

(2) It shall come into force on such date, as the Central Government may, by notification

in the Official Gazette, appoint.

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

(a) " gazetted officer" means a Group ‘A’ or Group ‘B’ gazetted officer, below the

age of forty-five years, of the Central Government and includes officers belonging to

Short title and

commencement.

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

All India Services but does not include officers of Indian Police Service, Central Armed

Police Forces and Armed Forces; and

(b) "prescribed" means prescribed by rules made under the Act.

3. (1) The Central Government shall, within a period of five years from the date of

selection or promotion, as the case may be, to a gazetted post provide national disaster

response training to all able-bodied Gazetted Officers for a period of not less than three

months.

(2) The national disaster response training referred to in sub-section (1) shall be

imparted in such manner as may be prescribed.

(3) The Central Government shall establish such number of institutions and take

such other necessary steps, as it may deem fit, to give effect to the provisions of

sub-section (1).

4. Every gazetted officer who successfully completes training under sub-section (1) of

section 3—

(i) shall be awarded a certificate to that effect by the Central Government; and

(ii) may, in situations of the natural and civil emergencies, be deputed to assist

the Armed Forces, police or disaster management personnel.

5. (1) The appropriate Government may, by notification in the Official Gazette, make

rules for carrying out the purposes of this Act.

(2) Every rule made under this Act by the Central Government shall be laid, as soon as

may be after it is made, before each House of Parliament, while it is in session, for a total

period of thirty days which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree in making any modification in the rule or

both the Houses agree that the rule should not be made, the rule shall thereafter have effect

only in such modified form or be of no effect, as the case may be; so, however, that any such

modification or annulment shall be without prejudice to the validity of anything previously

done under that rule.

Compulsory

national

disaster

response

training to

Gazetted

Officers of the

Central

Government.

Awarding of

certificate on

completion of

training.

Power to make

rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

It is definitely a good idea to have a well trained civilian as well as a trained National

Disaster Response Force. Compulsory national disaster response training to all able-bodied

Gazetted Officers of the Central Government will make them more smart, fit, mature and

motivated. Such a step will provide trained volunteers whose services can be utilized during

civil or natural emergencies like earthquake, tsunami, cloudburst, hailstorm or floods in an

efficient manner.

The Bill, therefore, seeks to provide for compulsory national disaster response training

to all Gazetted Officers of the Central Government with a view to develop a more strong sense

of loyalty, duty and self-discipline among them and prepare a trained manpower in reserve to

meet any eventuality or natural calamity.

Hence this Bill.

NEW DELHI;

GAJENDRA SINGH SHEKHAWAT

July 7, 2015.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for national disaster response training to be imparted to all

able-bodied gazetted officers of the Central Government. It further provides for setting up of

training institutions for the purpose of imparting national disaster response training. The

Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is

estimated that a recurring expenditure of rupees five hundred crore will be incurred per

annum.

A non-recurring expenditure of rupees one hundred crore is also likely to be involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 5 of the Bill empowers the appropriate Government to make rules for carrying

out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of

legislative power is of a normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

2. Notwithstanding anything contained in any other law for the time being in force,

whoever, for the reason that a person belongs to a race, ethnicity, origin or ancestry other

than his.—

(i) by words, either spoken or written, or by signs teases or ill-treats that person;

(ii) intentionally insults, intimidates, humiliates or causes annoyance, hardship or

physical or psychological harm or raises fear or apprehension thereof in the mind of that

person;

(iii) compels that person to do any act which such a person in ordinary

circumstances shall not do and which causes or generates a sense of shame or

humiliation thereby adversely affecting psyche of that person;

(iv) prevents or disrupts or disturbs the regular or normal activities of that

person;

(v) exploits the service of that person;

(vi) abuses or calls that person by racial slur or derogatory name or title;

(vii) extorts or forcibly deprives that person of his financial assets including

cash;

(viii) indulges in any act of sexual abuse, homosexual assault, stripping, passing

obscene or lewd comments or causing bodily harm or any such act as would pose

danger to health or life of that person;

(ix) intentionally sends audio, video or audio-video clips through email, post or

by any other means so as to cause discomfiture to that person; or

(x) indulges in any act of showing of power, authority or superiority with or

without intent to derive sadistic pleasure, which affects the mental health and self

confidence of that person,

shall be deemed to have committed the offence of racial discrimination under this Act.

3. Any person who commits the offence of the racial discrimination shall be punished

with rigorous imprisonment for a term which may extend to five years and with fine which

may extend to rupees ten lakh or with both.

4. (1) Every State Government and Union territory administrator shall designate an

officer not below the rank of District Collector in every district to entertain complaints of

offences of racial discrimination under this Act.

(2) The designated officer shall,—

(a) on receipt of a complaint, forward it to the officer-in-charge of the police

station concerned for registering the case of racial discrimination;

(b) maintain helpline numbers to extend immediate help to victims of racial

discrimination; and

and

(d) monitor the progress of cases of racial discrimination filed in the court.

5. The provision of this Act shall be in addition to, and not in derogation of any other

law, for the time being in force, relating to matters provided in this Act.

6. (1) The Central Government may, by notification in the Official Gazette, make rules

for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made,

before each House of Parliament, while it is in session, for a total period of thirty days which

Acts that

shall be

deemed as

offence of

racial

discrimination.

Penalty.

Designated

officer to

entertain

complaints of

racial

discrimination.

Act not in

derogation of

any other law.

Power to

make rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Bill seeks to prohibit and bring to an end racial discrimination in public life by

making racial discrimination an offence punishable with rigorous punishment.

The Government is yet to put in place a proper mechanism to deal with the cases of

violence related to racial discrimination. A zero tolerance policy towards racial discrimination

must be put forth by the Government. Sometimes, it has been observed that when persons

from one region visit other parts of the country, they face racial discrimination on the ground

of their race, ethnicity, look or language. Cases of racial discrimination, particularly with

persons from north-eastern region, have been reported from different parts of the country

and these persons have taken to streets in large numbers to highlight the cases of racial

discrimination. The persons from southern part of the country also face such discrimination

whenever they move to other parts of the country.

There have been cases of ragging in educational institutions reflecting racial

discrimination which also need to be urgently addressed.

The Bill seeks to achieve the above objectives.

NEW DELHI;

MULLAPPALLY RAMACHANDRAN

July 8, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides that every State Government and Union territory

Administrator shall designate an officer not below the rank of district collector who shall

maintain helpline numbers, take steps for rehabilitation of victims and monitor the progress

of cases filed in the court in respect of racial discrimination. The expenditure relating to the

States shall be borne out of the Consolidated Funds of the respective States. However, the

expenditure in respect of Union territories shall be borne out of the Consolidated Fund of

India. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund

of India. It is estimated that an annual recurring expenditure of rupees one hundred crore

would be involved from the Consolidated Fund of India.

A non-recurring expenditure of rupees one hundred crore is also likely to be involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 6 of the Bill empowers the Central Government to make rules for carrying out

the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of

legislative power is, therefore, of a normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 250 OF 2015

A Bill to provide for protection of identity to threatened witnesses in criminal cases

involving serious offences, procedure and mechanism for such protection

and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Witnesses (Protection of Identity) Act, 2015.

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

(3) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.

Short title,

extent and

commencement.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

2. (1) In this Act, unless the context otherwise requires,—

(a) "close relative" includes spouse, parents, grandparents, sons,

daughters, grandchildren, brothers and sisters;

(b) "identity" in relation to a person includes name, sex, names of parents,

occupation and address of such person;

of a Court of equivalent status or of a Special Court;

(d) "serious offence" means an offence which is described as triable by a

Court of Session in the First Schedule to the Code of Criminal Procedure, 1973

and includes any offence which is required to be tried by a Court of Session or

any other equivalent designated court or a special court, by law;

(e) "threatened witness" means any witness, in respect of whom, there is

likelihood of danger to the safety of his life or life of his close relatives or

serious danger to his property or property of his close relatives, by reason of

his being a witness;

(f) "victim" means any person who has suffered physical, mental,

psychological or monetary harm or harm to his property as a result of the

commission of any offence; and

(g) "witness" means any person who is acquainted with the facts and

circumstances, or is in possession of any information or has knowledge,

necessary for the purpose of investigation, inquiry or trial of any crime involving

serious offence, and who is or may be required to give information or make a

statement or produce any document during investigation, inquiry or trial of

such case and includes a victim of such serious offence.

(2) Words and expressions used but not defined in this Act and defined in the

Code of Criminal Procedure, 1973 shall have the meaning as assigned to them in that

Code.

3. The provisions of this Act shall apply to—

(a) investigation, inquiry and trial of serious offences;

(b) victims of serious offences, the recording of whose statements at the

trial in the Court of Session has not commenced; and

has not been revealed to the accused or whose statements have not been

recorded during investigation or during inquiry before the Magistrate at the

date of commencement of this Act.

CHAPTER II

WITNESS IDENTITY PROTECTION ORDER

PART- I

IDENTITY PROTECTION DURING INVESTIGATION

4. (1) During the course of investigation of any serious offence, if the

Investigating Officer is satisfied that for the purpose of effective investigation of the

case, it is necessary to protect the identity of any threatened witness, he may, through

the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, apply in

writing to the Judicial Magistrate of First Class or Metropolitan Magistrate, as the

case may be, for seeking an identity protection order.

(2) In every application made under sub-section (1), the true identity of the

threatened witness and such other particulars as may lead to the identification of the

Definitions.

Application.

2 of 1974

Application for

seeking Identity

protection order.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

threatened witness shall not be mentioned, and instead a pseudonym or a letter of

English alphabet shall be mentioned to identify the threatened witness, but the true

identity and other particulars shall be disclosed to the Magistrate.

(3) Every application under sub-section (1)—

(a) shall be accompanied by relevant material and documents which are

evidence that the witness is a threatened witness and need a grant of identity

protection order, and

(b) may be accompanied by a certificate of an officer of the rank of

Superintendent of Police or above certifying that the witness is a threatened witness.

5. (1) The Magistrate shall, upon receipt of an application under section 4, hold

a preliminary ex parte inquiry in camera to determine whether the witness is a

threatened witness as claimed in the application and whether there is necessity to

pass a protection order, and shall follow the procedure laid down in this section for

such determination.

(2) The Magistrate may require the prosecution to place before him any material

or document which has not been already submitted, and which he considers relevant

for the disposal of the application.

(3) The Magistrate shall hear the prosecution and, in his discretion, may examine

any person including the witness who is subject of the application orally, and shall

record the substance of the statement.

(4) During the course of the preliminary inquiry, no prosecutor, officer of the

Court or other person present or involved in the preliminary hearing shall disclose or

reveal or leak out any information regarding the true identity of the witness, or any

other particulars likely to lead to the identification of witness.

(5) During the course of the preliminary inquiry, no oral evidence shall be given,

and no question may be put to any person, if such evidence or question relates

directly or indirectly to the true identity of the witness who is subject of the application.

(6) While considering the application, the Magistrate shall have regard to the

following:—

(i) the general right of the accused to know the identity of witness;

(ii) the principle that witness anonymity orders are justified only in

exceptional circumstances;

(iii) the gravity of the offence;

(iv) the importance of the evidence of threatened witness in the case;

(v) whether the statement of witness, if any, under sub-section (3) as to

why he is a threatened witness and as to why there is necessity to pass a

protection order, is reliable; and

(vi) whether there is other evidence which corroborates the evidence of

threatened witness in respect of the offence.

6. (1) If, after consideration of—

(a) the application and all material and documents submitted in support

of the application under section 4; and

(b) the statement of any person recorded, if any, under sub-section (3) of

section 5;

and, after hearing the prosecution, the Magistrate is satisfied that—

(i) the witness who is subject of the application is a threatened witness;

Ex parte

preliminary

inquiry by the

Magistrate.

Order by the

Magistrate.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(ii) withholding the identity of threatened witness until the investigation

is completed and final report of charge sheet is submitted in the court, shall not

be contrary to the interests of justice; and

(iii) the need for passing a protection order outweighs the general right

of the accused to know the identity of the witness, he shall pass a reasoned

judicial order that until the investigation is completed and the police report

referred to in sub-section (2) of section 173 of the Code of Criminal Procedure,

1973 or charge sheet under any other law is forwarded to the Magistrate or

Judge, the identity of threatened witness shall not be reflected or mentioned

in—

(a) any document prepared or any statement recorded under

sections 161 and 164 of the Code of Criminal Procedure, 1973 or any other

statement recorded during the course of investigation, including the case

diary;

(b) the police report or charge sheet referred to above and documents

forwarded along with the police report or charge sheet;

any proceeding in relation to such offence;

(d) any proceeding before the Magistrate or before any other Court,

during investigation, in relation to such offence.

(2) If, however, after such consideration and hearing as referred to in sub-

section (1), the Magistrate is satisfied that—

(a) the witness who is the subject of the application is not a threatened

witness; or

(b) withholding the identity of such a witness shall—

(i) be contrary to the interests of justice, or

(ii) not outweigh the right of the accused to know the identity of

the witness,

he shall, by a reasoned judicial order, dismiss the application.

7. (1) The true identity of witness who is subject of the application shall not be

mentioned or reflected in any order sheet or proceeding under this part.

(2) It shall not be lawful for any person to print or publish in any manner any

matter in relation to any proceeding under this Part.

PART- II

IDENTITY PROTECTION AFTER COMPLETION OF INVESTIGATION

8. (1) If, after the Police Report referred to in sub-section (2) of section 173 of

the Code of Criminal Procedure, 1973 or charge sheet referred to in any other law is

forwarded to the Magistrate or Judge, as the case may be, but before the examination

of witnesses begins to commence at the trial, including inquiry, the Assistant Public

Prosecutor or the Public Prosecutor, as the case may be, is of the opinion that it is

necessary to protect the identity of a threatened witness, whether or not, identity

protection in respect of such threatened witness was sought or ordered at the stage

of investigation under Part-I, he may, move an application in writing to the Judicial

Magistrate of First Class or Judge, before whom the case is pending, seeking an

identity protection order.

(2) The application referred to in sub-section (1) may also be moved by the

threatened witness, if such a witness intends to seek a protection order.

Prohibition of

mentioning

identity of

witness.

2 of 1974

Application for

Identity

Protection.

2 of 1974

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(3) The provisions of sub-sections (2) and (3) of section 4 shall apply

mutatis mutandis to the application made under this section.

(4)

Where an application filed under sub-section (1) before the Magistrate

or Judge, as the case may be, has been rejected at any time under Part-I or this Part,

such rejection, shall not preclude a fresh application being filed before the Magistrate

or Judge, if fresh circumstances have arisen after the rejection of the earlier application

for the grant of a protection order.

9. (1) The Magistrate or Judge, as the case may be, shall, upon receipt of an

application under section 8, hold a preliminary inquiry in camera to determine whether

the witness is a threatened witness as claimed in the application and whether there is

necessity for the passing of a protection order and shall follow the procedure laid

down in this section for such determination.

(2) The Magistrate or Judge, as the case may be, may require the prosecution or

the threatened witness who has moved the application under section 8, to place

before him any material or document which has not already been submitted, and

which he considers relevant for the disposal of the application.

(3) The Magistrate or the Judge, as the case may be, shall hear the prosecution,

and, subject to provisions of sub-sections (4) and (5) of this section, the accused,

and may examine any person including the witness who is subject of the application,

orally and shall record the substance of the statement.

(4) The Magistrate or Judge, as the case may be, shall, on the basis of the

information which has come before him under sub-section (1) of section 8 or

sub-sections (2) and (3), inform the accused or his pleader as to the apprehensions of

the witness and as to why he is a threatened witness and the necessity for passing a

protection order and, for that purpose, give a hearing to the accused before passing

an order of protection:

Provided that the Magistrate or Judge shall not disclose the identity of the

witness or any other particulars which may lead to the identification of the said

witness:

Provided further that if the accused or his pleader wants to elicit further

information from the prosecution of the threatened witness on the question of

likelihood of danger to the life or property of the said witness or his close relatives,

such accused or his pleader may be permitted to furnish a list of questions to be

answered by the prosecution or the said witness but no question or information

which may lead directly or indirectly to the identification of the said witness shall be

permitted.

(5) The Magistrate or Judge, as the case may be, while examining the witness or

any other person under sub-section (3) or hearing the submissions of the prosecutor

or the applicant witness shall not allow the accused and his pleader to remain present

during such inquiry.

(6) The provisions of sub-sections (4) to (6) of section 5 shall apply

mutatis mutandis to the preliminary inquiry under this Part.

10. (1) If, after consideration of—

(a) the application and all materials and documents submitted in support

of the application by the parties; and

(b) the statements, if any, recorded under sub-section (3) of section 9 and

after hearing the submissions of the prosecutor or the applicant witness, as the

case may be, and the accused, the Magistrate or Judge, as the case may be, is

satisfied that—

Preliminary

Inquiry by

Magistrate or

Judge.

Order by the

Magistrate or

Judge.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(i) the witness who is subject of the application is a threatened

witness;

(ii) withholding the identity of threatened witness until the

Judgement in trial is given and if any appeal or revision is presented

against the judgement, until the decision in the appeal or revision, as the

case may be, is given, shall not be contrary to the interests of justice; and

(iii) the need for passing a protection order outweighs the general

right of the accused to know the identity of the witness,

he shall pass a reasoned judicial order that until the judgement in trial is given and if

any appeal or revision is presented against the judgement, until the decision of the

appeal or revision, as the case may be, is given, the identity of threatened witness

shall not be reflected or mentioned in,—

(a) any document produced before the Magistrate or Judge, or before an

appellate or revisional Court, in relation to such case;

(b) any proceeding (including judgement and order) before the Magistrate

or Judge, or before an appellate or revisional Court, in relation to such case;

specified in sections 207 and 208 of the Code of Criminal Procedure, 1973 or

under any other law.

(2) If, however, after such consideration and hearing as referred to in

sub-section (1), the Magistrate or Judge, as the case may be, is satisfied that—

(a) the witness who is subject of the application is not a threatened

witness, or

(b) that withholding the identity of such a witness shall—

(i) be contrary to the interests of justice, or

(ii) not outweigh the right of the accused to know the identity of

the witness,

he shall, by a judicial reasoned order, dismiss the application.

11. (1) The true identity of witness who is subject of the application shall not be

mentioned or reflected in any order sheet or proceeding under this part.

(2) It shall not be lawful for any person to print or publish in any manner any

matter in relation to any proceeding under this Part.

CHAPTER III

PROTECTION OF WITNESSES AND VICTIMS AT THE TRIAL

12. (1) When in respect of a threatened witness, an order for identity protection

has been passed under sub-section (1) of section 10, his statement in the Court

during trial shall be recorded as per the procedure laid down in the Schedule I, by

using two-way closed—circuit television or video link in such a manner that the

identity of the witness is not disclosed to the accused and his pleader:

Provided that the accused and his pleader shall, subject to the provisions of

sub-section (2), be entitled to hear the voice of the witness during recording of the

statement.

(2) The Presiding Judge may, on his own or on an application made by the

prosecution or the threatened witness, if he is so satisfied, direct that while recording

the statement referred to in sub-section (1), the voice of the witness shall be distorted,

and in that event, the accused or his pleader shall be entitled to hear the distorted

voice:

Prohibition of

mentioning

identity of

witness.

2 of 1974

Recording of

statements of

threatened

witnesses at the

trial by closed-

circuit

television.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Provided that the undistorted voice-recording shall be kept in a sealed cover

and the Presiding Judge shall have the exclusive right to access the undistorted

voice.

(3) When the statement is recorded as mentioned in sub-section (1), the public

generally, including the media personnel, shall not have access to, or be or remain, in

the room or other places used by the court for the purpose of recording of the

statement.

(4) Where the statement of the threatened witness is recorded under sub-sections (1)

and (2), it shall not be lawful for any person to print or publish in any manner whatsoever,

the identity of the threatened witness whose statement is so recorded.

13. Where in the case of trial of a serious offence, no application for a protection

order has been made or having been made, has been refused but where the victim

seeks that he may be permitted to depose without seeing the accused either physically

or through television or video link to avoid trauma, the Court may, except for enabling

the victim to identify the accused either physically or through television or video link,

direct that examination of the witness shall be conducted by using two-way closed—

circuit television or video link and two-way audio system in the manner specified in

the Second Schedule.

14. (1) The technical personnel operating the two-way television or video link

and the two-way audio system and the court master or stenographer of the Judge

referred to in the Schedule I and II, shall be administered an oath of secrecy in respect

of the identity and other particulars of the threatened witness.

(2) It shall not be lawful for any of the persons referred to in sub-section (1) to

reveal the identity of the witness to any other person or body.

CHAPTER IV

DISTRICT WITNESS PROTECTION AUTHORITY

15. (1) Every State Government shall, as soon as may be, by notification in the

Official Gazette, establish a District Witness Protection Authority for every district

for carrying out purposes of this Act.

(2) The Authority shall consist of—

(a) the Superintendent of Police of the district, who shall be Chairperson,

ex-officio; and

(b) not exceeding five officials of the police department, to be appointed

by State Government, as members.

16. (1) Every District Witness Protection Authority shall formulate a Witness

Protection Programme to ensure safety and welfare of witnesses.

(2) Without prejudice to the generality of foregoing provision, the Witness

Protection Programme shall include—

(a) making necessary arrangements to protect the witness or allow him to

establish a new identity;

(b) relocating the witness;

(d) providing financial assistance to the witness;

(e) permitting persons involved in the administration of the Witness

Protection Programme to use assumed names in carrying out their duties and to

have documentation supporting those assumed names; or

(f) doing any other thing permitted under the Witness Protection

Programme to ensure the safety of the witness.

Recording of

statements of

victim at the

trial of serious

offences where

protection order

has not been

sought or has

been refused.

Oath of secrecy

to be

administered to

certain persons

referred to in

Schedules I and

II.

District Witness

Protection

Authority.

Witness

Protection

Programme.

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[PART II—

CHAPTER V

MISCELLANEOUS

17. Any person who is aggrieved by an order passed under section 10, may

appeal against such order to the High Court within thirty days from the date of order:

Provided that the High Court shall dispose of the appeal as expeditiously as

possible and preferably within thirty days from the date of service of notice on

respondent.

18. Whoever contravenes the provisions of sub-section (2) of section 7,

sub-section (2) of section 11 and sub-section (2) of section 14, shall be punished with

imprisonment of either description which may extend to two years and shall also be

liable to fine which may extend upto rupees twenty thousand.

19. The provisions of this Act shall have effect notwithstanding anything

inconsistent therewith contained in any provision of the Code of Criminal Procedure,

1973 or any other law for the time being in force.

20. (1) Every High Court may, with the previous approval of the State

Government, make rules for the purpose of enforcement of the provisions of this Act

in the Court of the Magistrate or of the Judge.

(2) In particular and without prejudice to the generality of the provision of

sub-section (1), such rules may provide for—

(a) the manner in which and the places at which the statement of

threatened witnesses referred to in section 12 and the Schedule I and the

statement of victim referred to in section 13 and the Schedule II may be recorded

by using two way closed-circuit television or video link and two-way audio

system;

(b) the appointment, control and making available technical staff necessary

for installation and operation of closed-circuit television and video link system,

and for screening the victim and other witnesses from accused.

(3) All rules made under this section shall be published in the Official Gazette.

Appeal.

Offences.

Overriding effect

of Act.

Power of High

Court to make

rules.

2 of 1974

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

SCHEDULE I

(See section 12)

1. There shall be a two-way closed-circuit television or video link and a two-

way audio system established between the room from which the Presiding Judge

functions (hereinafter called Room A) and another room (hereinafter called Room B).

2. In Room A, the Presiding Judge, the court master and the stenographer, the

public prosecutor, the threatened witness in whose favour a protection order under

section 10 has been passed and the technical personnel of the Court operating the

television or video link and the audio system, shall alone be present.

3. In Room B, the accused, his pleader and the technical personnel of the Court

operating the television or video link and the audio system, shall alone be present.

4. (a) The threatened witness shall be examined by the prosecutor who is in

Room A directly, and he may identify the accused on the video screen but the camera

in Room A shall not be focused on the threatened witness and his image shall not be

visible on the screen in Room B.

(b) The said witness who is in Room A shall be cross-examined by the accused

or his pleader who are in Room B through the two-way television or video link and the

two-way audio system, subject to the procedure stated in sub-sections (1) and (2) of

section 12.

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[PART II—

SCHEDULE II

(See section 13)

1. There shall be a two-way closed-circuit television or video link and a two-

way audio system established between the room from which the Presiding Judge

functions (hereinafter called Room A) and the other room (hereinafter called Room B).

2. In Room A, the Presiding Judge, the court master and stenographer, the

accused and the technical personnel operating the two-way television or video link

and the two-way audio system shall be present and the camera shall not be focused

on the accused except when the victim has to identify the accused.

3. In Room B, the victim, the public prosecutor and the pleader of the accused

shall be present and except as permitted under para 2, the image of the accused shall

not be shown on the screen in Room B.

4. The victim shall be examined by the prosecutor or cross-examined by the

pleader of the accused directly and the image of the accused who is in Room A shall

not be visible on the screen in Room B.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The present judicial system has taken the witnesses completely for granted.

Witnesses are summoned to the Court to give evidence in serious crimes. However,

due to lack of security to witness and his family members they turn hostile. The

legislative measures to emphasis the protection of witnesses have become imminent

and inevitable need of the day.

The Law Commission of India in its 198th Report has also recommended for

Witness Identity Protection and Witness Protection Programmes in case of all serious

offences wherein there is danger to witnesses.

The Bill, therefore, seeks to provide for protection of identity of a threatened

witness in criminal cases involving serious offences to ensure effective criminal justice

delivery system in the country.

NEW DELHI;

RABINDRA KUMAR JENA

July 8, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 12 of the Bill provides for recording of statements of threatened witnesses

at the trial by using closed-circuit television or video link. Clause 13 provides for

recording of statements of victim at the trial of serious offences by using closed-

circuit television or video link. Clause 15 provides that every State Government shall

establish District Witness Protection Authority. Clause 16 provides for providing

accommodation and financial assistance to the witnesses. The expenditure relating to

the States shall be borne out of the Consolidated Funds of the respective States.

However, the expenditure in respect of Union Territories shall be borne out of the

Consolidated Fund of India. It is estimated that an annual recurring expenditure of

rupees two hundred crore would be involved from the Consolidated Fund of India.

A non-recurring expenditure of rupees fifty crore is also likely to be involved.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 248 OF 2015

A Bill to significantly reduce the high number of road accidents resulting in deaths and

injuries by establishing a protective framework for all class of road users, including

vulnerable road users; fixing accountability on and establishing minimum safety

standards for road users, owners and vehicle manufacturers; enhancing enforcement

and improving over-all road discipline and for matters connected therewith or

incidental thereto.

WHEREAS the Constitution of India guarantees right to life with dignity to all people;

AND WHEREAS approximately 1.4 lakh people are killed on Indian roads every year;

AND WHEREAS it is necessary to safeguard the health and prosperity of innocent civilians

by establishing a safe system where the number of fatalities and serious injuries caused by

accidents are significantly reduced in the long term.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This act may be called the National Road Transport Safety and Miscellaneous

Provisions Act, 2015.

(2) It extends to the whole of India.

Short title,

extent and

commencement.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) It shall come into force on such date as the Central Government may, by notification

in the official Gazette, appoint.

2. It is hereby declared that it is expedient in public interest that Union should take

road transport under its control.

3. In this Act, unless the context otherwise requires,—

(a) "ambulance" means a vehicle specially designed, constructed or modified

and equipped and intended to be used for emergency transportation of persons who

are sick, injured, wounded or otherwise incapacitated;

(b) "certificate of registration" means the certificate issued under the Motor

Vehicles Act, 1988 by a competent authority to the effect that a motor vehicle has been

duly registered in accordance with the said Act;

or under any previous company law;

(d) "community service" means a requirement of unpaid work under such terms

as may be specified by the National Road Safety Authority imposed on a person who

has committed an offence under this Act;

(e) "driver" means any person who drives or steers a motor vehicle;

(f) "driving licence" means the licence issued under the Motor Vehicles Act,

1988 authorizing a person to drive, otherwise than as a learner, a motor vehicle or a

motor vehicle of any specified type or class;

(g) "drug" includes any intoxicant other than alcohol, natural or synthetic, or

any natural material or any salt or preparation of such substance or material as specified

by the National Road Safety Authority;

(h) "emergency vehicle" means a transport vehicle used solely for police, fire

brigade or ambulance purposes;

(i) "goods" means any kind of movable property and includes livestock but

does not include persons and their personal effects;

Explanation.—Motor vehicles being transported on another motor vehicle shall

also be considered as goods.

(j) "gross vehicle weight", in respect of any vehicle, means the maximum weight

of the vehicle in laden condition as specified by the manufacturer and certified by the

type approving authority;

(k) "heavy motor vehicle" means any motor vehicle the gross vehicle weight of

which exceeds twelve thousand kilograms or as specified by the National Road Safety

Authority;

(l) "licensing authority" means an authority empowered by the National Road

Safety Authority to issue licences under this Act;

(m) "light motor vehicle" means a motor vehicle, the gross vehicle weight of

which does not exceed seven thousand five hundred kilograms or as specified by the

National Road Safety Authority;

(n) "manufacturer" means a person who is engaged in the manufacture of motor

vehicles;

(o) "mobile machinery" means heavy equipment or construction equipment or

earth moving equipment except shop or hand tools, which is self-propelled, towed, or

hauled and used primarily in construction and maintenance of roads, bridges, ditches,

buildings and land reclamation or as specified by the National Road Safety Authority;

(p) "motor cycle" means a two-wheeled motor vehicle, including a sidecar with

an extra wheel which may be attached;

Declaration.

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(q) "motor vehicle" or "vehicle" means any mechanically propelled vehicle used

in any place whether the power of propulsion is transmitted thereto from an external or

internal source and includes a chassis to which a body has not been attached and a

trailer or a semi-trailer or mobile machinery; but does not include a vehicle running

upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any

other enclosed premises or such vehicles as may be notified by the National Road

Safety Authority from time to time;

(r) "National Road Safety Authority" means the National Road Safety Authority

established under section 67;

(s) "non-motorised transport" means any mode of transport that is propelled or

(t) "owner" in relation to a motor vehicle means the person in whose name a

motor vehicle stands registered and where such person is a minor, the guardian of

such minor; and in relation to a motor vehicle which is the subject of a hire-purchase

agreement, or an agreement of lease or an agreement of hypothecation, the person in

possession of the vehicle under that agreement; or in respect of an unregistered

vehicle, the person in possession or control of the vehicle; or a vehicle manufacturer

or dealer or importer till such time the vehicle is registered;

(u) "passenger" is a person who travels in a vehicle but bears little or no

responsibility for the tasks required for that vehicle to arrive at its destination or

otherwise operate the vehicle;

(v) "passenger vehicle" means any motor vehicle constructed or adapted for use

for the carriage of passengers and their personal luggage;

(w) "permit" means a document issued under this Act authorizing the use of

motor vehicles as a transport vehicle;

(x) "private service vehicle" means a motor vehicle constructed or adapted to

carry passengers and ordinarily used by or on behalf of the owner of such vehicle for

the purpose of carrying persons for, or in connection with, his trade or business

otherwise than for hire or reward but does not include a motor vehicle used for public

transportation;

(y) "property" includes goods carried in the motor vehicle, personal effects of

passengers, as well as roads, bridges, culverts, causeways, trees, posts and milestones;

(z) "protective headgear" includes any equipment or device, including helmets,

primarily intended to protect the wearer's head against impact in the event of a collision;

(za) "public place" means a road, street, way or other place, whether a

thoroughfare or not, to which the public have a right of access, and includes any place

or stand at which passengers are picked up or set down;

(zb) "road safety" means the set of practices which identify those problems that

contribute to crashes or injuries and includes methods and measures for reducing the

risk of a road crash death or injuries sustained in a crash in a public place including but

not limited to driver education regarding responsible road sharing and protection of

vulnerable road users, enforcement of traffic laws, manufacture of vehicles with inbuilt

high safety standards, construction of safe roads and provision of emergency road

services;

(zc) "restricted road" includes a road on which a speed limit applies or has a

restriction on the types of vehicles which may ply on that road or has been notified by

the appropriate authority to be a restricted road;

(zd) "road crash death" means the death of any person who dies within thirty

days or such time period as may be specified by the National Road Safety Authority, as

a result of injuries sustained due to a crash caused by a motor vehicle in a public place;

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(ze) "semi-trailer" includes a vehicle without motive power designed to be drawn

by a motor vehicle or truck tractor or a prime mover and so constructed that an

appreciable part of its weight and that of its load rests on and is carried by the motor

vehicle or truck tractor, and a pole trailer;

(zf) "State Road Safety Authority" means the State Road Safety Authority

established under Section 90;

(zg) "Technical Working Groups" means the working groups established under

Section 82;

(zh) "three-wheeled vehicle" means a motor vehicle having three wheels designed,

constructed or adopted for the carriage of persons and/or goods, but does not include

a two-wheeler attached with a sidecar or a two-wheeler adapted for use by differently

abled persons;

(zi) "traffic" on roads includes motor vehicles, pedestrians, non-motorized

transport and other vehicles, either singly or together;

(zj) "traffic signs" includes all signals including manual signals, warning sign

posts, direction posts, markings on the road or other devices for providing information,

guidance or direction to any user of the road;

(zk) "trailer" includes, a vehicle without motive power designed to be drawn by

or used in conjunction with a motor vehicle except—

(a) a boat, horse, snowmobile, automobile or motorcycle trailer that is not

used for business purposes or financial gain;

(b) an implement of animal husbandry;

(d) a disabled motor vehicle that is towed by a tow car.

(zl) "transport vehicle" means a motor vehicle used for carriage of passengers

for hire or reward or a goods vehicles or a trailer or a semi-trailer or mobile machinery

but does not include a private service vehicle;

(zm) "two-wheeler" means a two wheeled motor vehicle with or without a

detachable sidecar with one or more wheels and includes a two-wheeler adapted for

use by differently-abled person;

(zn) "unladen weight" means the weight of a vehicle or a trailer including all

equipment ordinarily used with the vehicle or trailer when working, but excluding the

weight of a driver or attendant; and where alternative parts or bodies are used the

unladen weight of the vehicle means the weight of the vehicle with the heaviest such

alternative part or body;

(zo) "weight" means the total weight transmitted for the time being by the wheels

of a vehicle to the surface on which the vehicle rests.

4. The Central Government, the State Governments, the National Road Safety Authority,

the State Safety Authorities and other agencies, as the case may be, while implementing the

provisions of this Act shall be guided by the following principles, namely:—

(a) the desirability to facilitate the seamless movement of people, goods and

services by way of motor vehicles throughout the territory of India;

(b) the advantages offered to the public by the development of road transport

and systems of public transportation;

and road transport;

Guiding

principles, to

be followed in

administration

of the Act.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) the necessity to ensure public safety;

(e) the necessity to protect public health;

(f) the desirability of reducing the incidence and severity of road trauma;

(g) the desirability of preventing the deterioration of the road network;

(h) the desirability to foster transparency and eliminate corrupt practices.

CHAPTER II

ROAD SAFETY, TRAFFIC MANAGEMENT AND RELATED OFFENCES

5. (1) A National Unified Information System shall be developed and maintained by the

National Road Safety Authority for the entire country for ensuring road safety.

(2) Without prejudice to the generality of the foregoing provision, the National Unified

Information System shall include information relating to—

(a) the registration of motor vehicles and the renewals of such registrations;

(b) the information of manufacturers, including chassis number and engine number

of motor vehicles either manufactured in India or registered in Indiá;

(d) the certificates of fitness and pollution under control certificates;

(e) the issuance and renewal of driving licences;

(f) traffic offences committed along with penalties imposed on the holders of

driving licences and registered motor vehicles;

(g) road crashes involving motor vehicles.

(3) The system shall be developed to ensure that the payment of monies and the

distribution of revenue to the States and the local Government is facilitated in a seamless

manner and protects against revenue leakage.

(4) Notwithstanding anything contained in any other law, the National Road Safety

Authority shall have the power to call for information from any person in possession, control

or ownership of such information, including the State Governments, competent licensing

authorities, competent registering authorities, motor vehicle manufacturers and such person

shall be obliged to submit the said information forthwith.

(5) Every motor vehicle manufacturer shall be obliged to provide details including the

unique chassis number assigned by it to each vehicle it manufactures to the National Road

Safety Authority for the purpose of developing and maintaining the National Unified

Information System and in such format and manner as may be specified by the National Road

Safety Authority.

(6) Whoever fails to provide information to the National Road Safety Authority shall

be committing an offence under this Act which shall attract penalty in accordance with

Schedule II.

6. (1) An Electronic Road Crash and Offences System shall be designed and developed

by the National Road Safety Authority within two years from the date of the commencement

of this Act and shall be implemented within one year of its development.

(2) The Electronic Road Crash and Offences System shall be designed to—

(a) enable the submission of data on road crashes and offences either

electronically or at any police station in the country; and

(b) facilitate the collection of uniform standardized information regarding road

crashes and offences.

National

Unified

Information

System.

Electronic

Road Crash

and Offences

System.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

7. (1) The National Road Safety Authority shall establish a toll-free Nation-wide Road

Crash Emergency Access Telephone Number for the entire country to enable persons involved

in a road crash or any other person to alert and access first-response emergency services

that shall provide emergency services including golden-hour trauma care.

(2) The Central Government, State Government and State Safety Authority shall ensure,

through appropriate regulations or orders or directives, that all emergency services are

coordinated in their response to road crashes via the said Nation-wide Road Crash Emergency

Access Telephone Number.

(3) The National Road Safety Authority shall make regulations specifying the form and

manner in which such Nation-wide Road Crash Emergency Access Telephone Number is

established and operated.

8. (1) A Unified Driving Licensing System shall be designed and developed by the

National Road Safety Authority within six months from the date of the commencement of this

Act and shall be implemented within one year of its development.

(2) Without prejudice to the generality of the above provision, the Unified Driving

Licensing System shall—

(a) enable the submission of applications for different types of driving licences

from anywhere in the country both electronically or before any competent licensing

authority in the country;

(b) facilitates collection of uniform standardized information including biometric

or any other equivalent unique identification technology identified by the National

Road Safety Authority;

the applicant for a driving licence has a valid and operating bank account;

(d) facilitates grant of licence in a transparent and time bound manner; and

(e) enable electronic payment of the fees as prescribed by the National Road

Safety Authority in consultation with the Central and the State Government for issuance

of driving licence.

(3) The National Road Safety Authority in consultation with the State Safety Authorities

shall establish licence Seva Kendras in all the States to deliver licence services to citizens in

a timely, transparent, more accessible and reliable manner and in a comfortable environment

through streamlined processes and trained workforce.

9. (1) The National Authority shall lay down the detailed requirements for the issuance

of driving licence, including mandatory driver training and competence tests.

(2) Notwithstanding the generality of the provision under sub-section (1), no person

shall be granted a driving licence unless—

(a) that person is medically fit to hold that category of licence and the criteria for

fitness shall be as prescribed by the National Road Safety Authority;

(b) that person has undergone mandatory driver's training in the manner and at

an institution as prescribed by the National Road Safety Authority; and

person has passed the specified tests of competence to drive:

Provided that the National Authority shall also prescribe the procedure for renewal of

driving licence.

10. (1) Any person who, while holding any valid driving licence, attempts to obtain

any other driving licence except as provided under this Act, shall be punishable in accordance

with Schedule II.

Universal

Road Crash

Emergency

Access

Telephone

Number.

Unified

Driving

Licensing

System.

Grant of

Driving

Licence.

Offences

related to

driving

licence.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) Any person who, while holding any valid driving license, obtains any other driving

license except as provided under this Act, then both such licenses issued to that person

shall be deemed to be invalid.

(3) Any person who, while holding any valid driving license, holds any other driving

license except as provided under this Act shall be punishable in accordance with Schedule II.

(4) Any person who, being disqualified under this Act for holding or obtaining a

driving license, drives a motor vehicle in any place, or applies for or obtains a driving license,

shall be punishable in accordance with Schedule II.

(5) Any person who, not being entitled to have a driving license issued to such person

free of endorsement, applies for or obtains a driving license without disclosing the

endorsement made on a driving license previously held by such person, shall be punishable

in accordance with Schedule II and may have to undergo compulsory refresher training.

(6) Whoever, being the owner or the driver of a motor vehicle, or the person under

whose instructions the driver of a motor vehicle, knowingly causes or permits a minor to

drive that vehicle shall be punishable in accordance with Schedule II.

11. (1) The State Government shall prescribe electronic enforcement of road safety and

traffic regulations for any urban city within the State, which has a population above the limit

prescribed by the Central Government.

(2) For the purposes of this Section, the National Road Safety Authority shall make

regulations for electronic monitoring and enforcement for road safety, which may include

speed cameras, CCTV cameras, speed guns and other similar, progressive technology that

achieves the objectives specified by the National Road Safety Authority.

12. (1) The National Road Safety Authority shall make regulations specifying the

protective gear and conspicuity requirements including types of helmets, reflector material

and jackets, required for affording protection to persons on bicycles from death or injury in

the event of a crash.

(2) A person who is riding a bicycle without wearing protective headgear or in

contravention of regulations under this section shall be guilty of an offence under this Act

and be punished in accordance with Schedule II.

(3) In case the offence under sub-section (2) is committed by a driver, the person shall

be awarded penalty points in accordance with Schedule I.

Explanation.—For the purposes of this section and section 13, "helmet" includes any

head-dress as specified by the National Road Safety Authority.

(4) The Central Government shall ensure that adequate financial assistance is provided

to the manufacturers of protective headgear and conspicuity requirements for bicycles so as

to make such gear affordable to bicycle users.

13. (1) The National Road Safety Authority shall make regulations specifying the

protective gear and conspicuity requirements, including types of helmets, daytime running

lights, reflectorizing material, reflector, jackets and visors, required to afford protection to

persons on motor cycles of all classes, from death or injury in the event of a crash.

(2) A person who drives or rides a motor cycle without protective gear or in contravention

of regulations under this section shall be guilty of an offence under this Act and be punished

in accordance with Schedule II:

Provided that if the person actually committing the contravention is a child under the

age of sixteen years, the owner shall be held guilty of the offence:

Provided further that the requirement for protective headgear imposed by regulations

under this section shall not apply to any follower of the Sikh religion.

Electronic

Enforcement

of Traffic

Regulations.

Bicyclist

Safety-

Protective

headgear and

conspicuity

requirements.

Motorcyclist

Safety-

Protective

headgear and

conspicuity

requirements.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) In case the offence under sub-section (2) has been committed by the driver, the

person shall be awarded penalty points in accordance with Schedule I.

Explanation.—For the purposes of this section "Daytime Running Lights" include

headlamps or lights switched on during the day in order to increase visibility and conspicuity

of the vehicle.

14. If a person sells, or offers for sale, any protective or conspicuity gear, as specified

by the National Road Safety Authority (by reference to shape, construction or any other

quality) in sections 12 and 13 for affording such protection and the gear is not—

(a) of a type specified under sections 11 and 12; or

(b) of a type authorized under regulations made under sections 12 and 13 such

person shall be guilty of an offence and shall be punished in accordance with

Schedule II:

Provided a person shall not be convicted of an offence under this section in respect of

the sale or offer for sale of any protective or conspicuity gear if that person proves that such

protective or conspicuity gear was sold or offered for sale solely for export purposes.

15. (1) The National Road Safety Authority shall make such regulations specifying

the safety and conspicuity requirements including fog lights and tail lights, retro-reflective

material, or other requirements for poor or dense weather conditions, as may be required to

afford protection to persons on or in three wheeled vehicles of different classes, from death

or injury in the event of crash.

(2) Whoever, while driving a three wheeled vehicle contravenes the provisions of sub-

section (1) shall be punished in accordance with Schedule II, and shall be awarded penalty

points in accordance with Schedule I.

16. (1) The National Road Safety Authority shall make such regulations specifying (by

reference to shape, construction or any other quality) the safety and conspicuity requirements

including air-bags, daytime running lights and reflectorizing material as may be necessary to

afford protection to persons on or in Light Motor Vehicles of different classes, from death or

injury in the event of a collision.

(2) Whoever, while driving a light motor vehicle contravenes the provisions of

sub-section (1) shall be punished in accordance with Schedule II, and shall be awarded

penalty points in accordance with Schedule I.

17. (1) The National Road Safety Authority shall make such regulations specifying (by

reference to shape, construction or any other quality) the safety and conspicuity requirements

including, but not limited to daytime running lights, tail lights or fog lights, retro-reflective

material and barricading requirements in case of vehicles being stationary on the road, as

may require to afford protection to persons on or in, or from transport vehicles of different

classes, from death or injury in the event of a crash.

(2) Whoever, while driving a transport vehicle contravenes the provisions of

sub-section (1) shall be punished in accordance with Schedule II, and shall be awarded

penalty points in accordance with Schedule I.

18. (1) No person shall conduct carriage on a road or riding of or carriage in non-

motorized transport of persons more than such number as may be specified by the National

Road Safety Authority.

(2) If a person is carried on or in non-motorised transport in contravention of sub-

section (1), the driver shall be guilty of an offence under this Act and punished in accordance

with Schedule II.

Unauthorized

sale of

protective

and

conspicuity

gear.

Three

wheeled

vehicles

Safety and

conspicuity

requirements.

Light Motor

Vehicles:

Safety and

Conspicuity

Requirements.

Safety and

Conspicuity

Requirements

for Stationary

Vehicle.

Restriction of

carriage of

persons on

non-

motorized

transport.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

19. (1) Not more than one person in addition to the driver shall be carried on a motor

cycle.

(2) No person or animal in addition to the driver may be carried on a motor cycle

otherwise than sitting on a proper seat securely fixed to the motor cycle either being behind

the driver's seat or being a combined seat.

(3) If a person or animal is carried on a motor cycle in contravention of this section, the

driver of the motor cycle shall be guilty of an offence under this Act and shall be punished in

accordance with Schedule II and shall be awarded penalty points in accordance with

Schedule I.

20. (1) Not more than the specified number of persons as may be provided by the

National Road Safety Authority shall be carried on a road in a three-wheeled vehicle.

(2) If a person is carried in a three-wheeled vehicle in contravention of sub-section (1),

the owner and the driver of the three-wheeled vehicle shall be guilty of an offence under this

Act.

Explanation.—In this section, references to a person carried in a three-wheeled vehicle

includes references to persons driving the three-wheeled vehicle.

21. (1) A person who drives or rides in a motor vehicle without wearing a seat belt or in

contravention of regulations under this section shall be guilty of an offence under this Act

and shall be punished in accordance with Sechedule II:

Provided that no person other than the person actually committing the contravention

shall be guilty of an offence by reason of the contravention.

(2) In case the offence under sub-section (1) is committed by a driver, the person shall

also be awarded penalty points in accordance with Schedule I.

(3) The National Road Safety Authority may by regulations specify:

(a) the description of seat belts to be worn;

(b) different requirements in relation to different classes of vehicles, different

descriptions of persons, including those with disabilities or with special heatlh

requirements, and different circumstances; and

exception to obtain a certificate, which, in certain cases, may be issued for a specified fee.

(4) If the holder of a certificate under clause (c) of sub-section (3) is informed by a

police officer that the person may be prosecuted for an offence under sub-section (1), the

person shall not be entitled to rely on the exception afforded by the certificate in proceedings

for that offence unless:

(a) the certificate is shown to the police officer at the time that person is so

informed; or

(b) the certificate is produced—

(i) to the police officer within seven days after the date on which the

person is so informed; or

(ii) as soon as reasonably practicable, at such police station as the person

may have specified to the police officer; or

it was not reasonably practicable for him to produce the certificate within the time

specified on a day.

Restriction of

carriage of

persons on

Motor

Cycles.

Restriction of

carriage of

persons in

three-wheeled

vehicles.

Seat belts for

Adults in a

motor

vehicle.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(5) For the purposes of sub-section (4), the service of the complaint on the accused

shall be treated as the commencement of the proceedings.

22. (1) Except as provided by regulations, a parent or guardian of the child, or in the

absence of such parent or guardian, the driver of the motor vehicle shall not allow a child

below the age of eight years to occupy the front seat of a motor vehicle when the vehicle is

in motion. In case of contravention, the driver shall be punished in accordance with

Schedule II and shall be awarded penalty points in accordance with Schedule I.

(2) Except as provided by regulations, where a child above the age of eight years

occupies the front seat of a motor vehicle, a person shall not drive the vehicle on a road

unless the child is wearing a seat belt or child restraint system in conformity with regulations.

In case of contravention, the driver shall be punished in accordance with Schedule II and

shall be awarded penalty points in accordance with Schedule I.

(3) Except as provided by regulations, where a child under the age of fourteen years is

in the rear of a motor vehicle, a person shall not drive the vehicle on a road unless the child

is wearing a seat belt or child restraint system in conformity with regulations. In case of

contravention, the driver shall be punished in accordance with Schedule II and shall be

awarded penalty points in accordance with Schedule I.

(4) Except as provided by regulations, a person shall not drive the passenger car on a

road in cases where a child of the specified description is in the rear of the passenger car

when:

(a) no seat belt is fitted in the rear of the passenger car; and

(b) a seat in the front of the passenger car is provided with a seat belt but is not

occupied by any person.

(5) Regulations made for the purposes of sub-section (2) or (3) above shall include an

exemption for any child holding a valid certificate signed by a medical practitioner, in the form

and manner specified by the National Road Safety Authority, to the effect that it is not

advisasble on medical grounds for that child to wear a seat belt.

(6) If the driver of a motor vehicle is informed by a police officer that the person may be

prosecuted for an offence under this section, the person is not entitled to rely on an exception

afforded to a child by a certificate referred to in sub-section (5) in proceedings for that

offence unless:

(a) the certificate is shown to the police officer at the time such person is so

informed; or

(b) the certificate is produced to the police officer within seven days after the

date on which such person is so informed; or

it was not reasonably practicable for him to produce the certificate within the time

specified on a day.

(7) For the purposes of sub-section (6), the service of the complaint on the accused

shall be treated as the commencement of the proceedings.

23. (1) The National Road Safety Authority shall make regulations specifying the

types of equipment of any description to which this section applies that are required as

conducive to the safety, in the event of a collision or a sudden stop, for specified categories

of children in specified classes of motor vehicles.

(2) Regulations under this section may specify types of child restraint systems required

for children under a certain weight and height.

Seat belts and

seating

requirements

for children

in motor

vehicles.

Child

restraint

systems in

vehicles.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(3) Regulations under this section may make provision for securing that when equipment

of a type specified by the regulations is sold or offered for sale, as equipment which is so

conducive,—

(a) appropriate information is provided in relation to it in such manner as may be

specified; and

(b) inappropriate information is not provided in relation to it.

(4) Except in such circumstances as may be specified, if a person sells, or offers for

sale, equipment of any description for which a type is specified under this section as equipment

which is so conducive and that equipment:

(a) is not of a type so specified; or

(b) is sold or offered for sale in contravention of regulations under this section,

that person shall be, subject to sub-section (6), guilty of an offence and punished

in accordance with Schedule II.

(5) Except in such circumstances as may be specified, if a person sells, or offers for

sale, equipment of any description for which a type is specified in this section as equipment

conductive to the safety, in the event of a crash,—

(a) of children not a category specified in relation to equipment of that type; or

(b) of children in motor vehicles not of a category specified in relation to

equipment of that type;

that person shall be, subject to sub-section (6), guilty of an offence and punished in

accordance with Schedule II.

(6) A person shall not be guilty of an offence under this section in respect of the sale

or offer for sale of equipment if the person proves that it was sold or, as the case may be

offered for sale for export.

(7) Regulations under this section may make different provisions in relation to different

circumstances.

Explanation.—References in this section to selling or offering for sale include

references to letting on hire and offering to let on hire.

24. (1) The operator of a bus in which any of the passenger seats are equipped with

seat belts shall take all reasonable steps to ensure that every passenger is notified of the

requirement to wear a seat belt at all times when—

(a) the passenger is in a seat equipped with a seat belt; and

(b) the bus is in motion.

(2) For the purposes of sub-section (1), a passenger may be notified by means of an

official announcement or an audio-visual presentation or pictorial symbol of the form as

specified.

(3) An operator who fails to comply with provisions of sub-section (1) shall be guilty

of an offence and punished in accordance with Schedule II.

(4) Where an offence under sub-section (3) is committed by a company and it is

proved that the offence has been committed with the consent or connivance of, or is

attributable to any neglect on the part of, a director, manager, secretary or other similar officer

of the body corporate, or any person who was purporting to act in such a capacity, that

person as well as the company shall be guilty of the offence and liable to be proceeded

against and punished accordingly.

(5) Sub-section (1) shall not apply in relation to a bus:

Requirement

to notify bus

passengers to

wear seat

belts.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(a) which is being used to provide a local service in a built-up area; or

(b) which is constructed or adapted for the carriage of standing passengers and

on which the operator permits standing as per the regulations specified by National

Road Safety Authority.

(6) For the purposes of clause (a) of sub-section (5), a local service is provided in a

built-up area if the entire route used by that service consists of restricted roads.

25. (1) A person shall be guilty of an offence and punished in accordance with

Schedule II, along with being awarded penalty points in accordance with Schedule I if such

person parks or abandons a motor vehicles (as specified in regulations made by the National

Road Safety Authority) on any road including:—

(a) on the verge of a road; or

(b) on any land situated between two carriageways and which is not a footpath

or a cycle track; or

(d) on a cycle track:

Provided that a person shall not be convicted of an offence under this section in

respect of a vehicle if that person proves to the satisfaction of the court that—

(a) it was parked or abandoned in accordance with permission given by an

authorized person; or

(b) it was parked or abandoned in contravention of this section for the purpose

of saving life or extinguishing fire or meeting any other like emergency; or

discharging functions on behalf of a highway authority and was driven in contravention

of that sub-section in connection with the carrying out by or on behalf of that authority

of any of the following, that is—

(i) cleaning, maintenance or improvement; or

(ii) maintenance or alteration of any structure or other work situated in,

the cycle track or path or their verges; or

(iii) preventing or removing of obstructions to the cycle track or the

footpath; or

(iv) preventing or abating in any other way of nuisances or other

interferences with the cycle track or footpath.

(d) it was parked or abandoned in contravention of this section but the following

conditions were satisfied—

(i) that the vehicle was parked on the verge of a road or on a footpath for

the purpose of loading or unloading with adequate warning signs, barricading

and other safety measures as specified by the National Road Safety Authority;

(ii) that the loading or unloading of the vehicle could not have been

satisfactorily performed if it had not been parked on the footpath or verge; or

(iii) that the vehicle was not left unattended at any time while it was so

parked and had adequate warning signs, barricading and other safety measures

as specified by the National Road Safety Authority.

26. (1) Any person who, without lawful authority, drives a motor vehicle wholly or

partly on a cycle track or a footpath shall be guilty of an offence and punished in accordance

with Schedule II along with being awarded penalties in accordance with Schedule I.

Prohibition

of parking or

abandoning of

Motor

Vehicles in

certain

places.

Prohibition

of driving in

certain

places.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) A person shall not be convicted of an offence under sub-section (1) with respect to

a vehicle if the person proves to the satisfaction of the court that—

(a) the vehicle was driven in contravention of that sub-section for the purpose

of saving life, or extinguishing fire or meeting any other like emergency; or

(b) that the vehicle was owned or operated by a highway authority or by a

person discharging functions on behalf of a highway authority and was driven in

contravention of that sub-section in connection with the carrying out by or on behalf

of that authority of any of the following, that is,

(i) cleaning, maintenance or improvement; or

(ii) maintenance or alteration of any structure or other work situated in,

the cycle track or footpath or their verges; or

(iii) preventing or removing of obstructions to the cycle track or the

footpath; or

(iv) the preventing or abating in any other way of nuisances or other

interferences with the cycle track or footpath.

27. Every person shall conform to and obey any indication of a Child Zone, as specified

by the National Road Safety Authority and shall comply with all directions given to that

person by any police officer, or other authorized person, for the time being engaged in

regulation and surveillance of a child zone.

Explanation.—"Child Zone" in this section means a specified area, as notified by the

State Safety Authority in conformity with regulations specified by the National Road Safety

Authority, frequented by children including spaces outside schools, parks or specified times

in the day, where the traffic shall be regulated through interventions including speed limits,

engineering interventions and other measures to ensure the safety of children.

28. (1) The Traffic Authority through an order made under this sub-section may

prohibit—

(a) the driving of motor vehicles on that road at a speed exceeding that specified

in the order;

(b) the driving of motor vehicles on that road at a speed exceeding that specified

in the order during periods specified in the order; or

the time being indicated by traffic signs in accordance with the order.

(2) An order made by virtue of clause (c) of sub-section (1) may—

(a) make provision restricting the speeds that may be indicated by traffic signs

or the periods during which the indications may be given; and

(b) provide for the indications to be given only in such circumstances as may be

determined by or under the order; but any such order must comply with regulations

made under sub-section (3), except where the State Government authorizes otherwise

in a particular case.

(3) The State Government may make rules governing the provision which may be made

by orders of local authorities under clause (b) of sub-section (2) and any such rules may in

particular—

(a) prescribe the circumstances in which speed limits may have effect by virtue

of an order;

(b) prescribe the speed limits which may be prescribed in an order; and

Duty to obey

Child Zones.

Speed limits

on roads

other than

restricted

roads.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(4) While an order made under clause (a) of sub-section (1) is in force with regard to a

road, that road shall not be a restricted road for the purposes of section 30 of this Act.

(5) For the purposes of this section a "traffic authority" means an authority that

manages and regulates traffic under this Act.

29. (1) A person who drives a motor vehicle of any class in contravention of the speed

limits referred to in section 28, shall be punishable in accordance with Schedule II and shall

be awarded penalty points in accordance with Schedule I for each offence so committed.

(2) Whoever causes a person who is in his employment or under his control when

driving a motor vehicle to drive the vehicle in contravention of the speed limits referred to in

section 28, shall be punishable in accordance with Schedule II.

(3) The publication of a time-table or log book, or the giving of any direction

electronically as per which any journey or part of a journey is to be completed within a

specified time shall, if in the opinion of the Court, is not practicable in the circumstances of

the case for that journey or part of a journey to be completed in the specified time without

contravening the speed limits referred to in section 28, be prima facie evidence that the

person who published the time table or log book or gave the direction electronically has

committed an offence punishable under sub-section (2).

(4) Any person who commits an offence under this section may also have his license

suspended or revoked subject to the penalties mentioned in Schedule II, and may have to

undergo compulsory refresher training for renewal of licenses:

Provided that no statutory provision imposing a speed limit on motor vehicles shall

apply to any designated emergency vehicle on an occasion when it is being used for fire-

lighting and rescue purposes, ambulatory purposes, disaster response or police purposes, if

the observance of such provision is likely to hinder the use of the vehicle for the purpose for

which it is being used on that occasion.

30. (1) A person who drives a motor vehicle on a restricted road at a speed exceeding

the speed limit specified for such roads shall be guilty of an offence and punished in

accordance with Schedule II, along with being awarded penalty points under Schedule I.

(2) The traffic authority for a road may direct that the road—

(a) which is a restricted road for the purposes of this Act shall cease to be a

restricted road; or

(b) which is not a restricted road shall be a restricted road for the purposes of

this Act.

(3) For the purposes of this section a "traffic authority" means an authority that

manages and regulates traffic under this Act.

31. (1) For the purpose of ensuring that adequate guidance is given to drivers of motor

vehicle as to whether any, and if so, what, limit of speed is to be observed on any road, it shall

be the duty of the State Government, in the case of a road for which that person is the traffic

authority, to place and maintain speed management signs in such positions as may be

requisite for that purpose.

(2) In the case of any other road, the local traffic authority may issue an order in

writing—

(a) to place and maintain such number of traffic signs in such positions as may

be requisite in order to give effect to general or other directions given by the State

Governments for the purpose mentioned in sub-section (1); and

(b) to alter or remove traffic signs as may be requisite in order to give effect to

such directions, either in consequence of the making of any order by the State

Government or otherwise.

Offences of

driving at

excessive

speed.

Offence of

driving at

excessive

speed on

restricted

roads.

Speed

Management

Signs.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

32. (1) Notwithstanding anything contained under any other law, upon the approach

of an emergency vehicle equipped with, and operating, one or more flashing, rotating, or

oscillating red or blue lights, visible under normal conditions from a distance of five hundred

feet to the front of such vehicle; or the driver is giving audible signal by siren, exhaust

whistle, or bell, the dirver of every other vehicle, including VIP vehicles and VIP convoys

shall yield the right-of-way, immediately drive to a position parallel to, and as close as

possible to, the edge or curb of the road clear of any inter section, and stop and remain in

such position until the emergency vehcile has passed, except when otherwise directed by a

police officer or firefighter.

(2) No operator of any vehicle, unless he is on official business, shall follow any

emergency vehicle being operated in conformity with the provisions of sub-section (1)

closer than five hundred feet, nor shall he drive into, or park the vehicle into, or park the

vehicle within, the block where the vehicle has stopped in answer to an emergency call or

alarm unless he is directed otherwise by a police officer or firefighter.

(3) No motor vehicle shall be driven over any unprotected hose of a fire department

when the hose is laid down on any street, private driveway, or track for use at any fire or fire

alarm unless the fire department official in command consents that the hose be driven over.

(4) This section does not operate to relieve the person who drives an emergency

vehicle from the duty to operate the vehicle with due regard for the safety of all persons

using the roads.

(5) Whoever, being the driver of a motor vehicle or the person under whose instructions

a motor vehicle is being operated, knowingly causes or permits a violation of sub-sections

(1), (2) and (3), shall be punishable in accordance with Schedule II, shall be awarded penalty

points in accordance with Schedule I.

33. (1) A person who drives a motor vehicle shall maintain a safe distance to an extent,

as specified by the National Road Safety Authority, while overtaking or passing non-motorized

transport or pedestrian, on restricted roads.

(2) A person who drives a motor vehicle in contravention of sub-section (1), shall be

guilty of an offence, except if:

(a) it was necessary to do so to ensure safety of passengers in the motor

vehicle; or

(b) to avoid a collision on the road.

34. Whoever drives a motor vehicle in a manner which causes a sense of alarm or

distress to the occupants of the vehicle, other road users, and persons and property near

roads, which includes driving against the authorized flow of traffic, dangerous passing and

overtaking, including by authorized convoys with escort vehicles, convoy of private service

vehicles and vehicles carrying personal security officers in the convoy, driving dangerously

and dangerous driving with children on board, having regard to all the circumstances including

the nature, condition and use of the place where the vehicle is driven and the volume of

traffic at the time or which might reasonably be expected to be at such place even if such

person is within the limits of speed for particular road, shall be punishable for each mentioned

offence, in accordance with Schedule II, and shall be awarded penalty points in accordance

with Schedule I.

35. (1) No person shall drive a motor vehicle under the influence of alcohol and the

National Road Safety Authority may make additional regulations in this regard.

(2) A person shall be punishable in accordance with Schedule II, along with being

awarded penalty points under Schedule I, if while driving, or attempting to drive a motor

vehicle, such person is found to have alcohol in his breath or blood on an impairment test or

on a test by a breath analyser or any other test including clinical test.

Right of way

to emergency

vehicles.

Maintenance

of safe

distance from

pedestrains

and non-

motorized

transport.

Driving which

causes threat

to public

safety.

Prohibition

on Driving

under the

influence of

alcohol or

drugs.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) The Central Government, in consultation with the State Government and the National

Road Safety Authority, shall develop a liquor vending policy to regulate the placement of or

abolition thereof, of liquor vends adjacent to national highways.

(4) A person who, while driving, or attempting to drive a motor vehicle, is under the

influence of a narcotic, or a psychotropic substance or a drug or a prescription drug as

prescribed by the Central Government in this behalf, by notification, shall be punishable in

accordance with Schedule II, if—

(a) the person does not complete a compulsory impairment test in a manner

satisfactory to a police officer under section 59, provided that any such police officer

should be trained to give such test in the manner specified by the National Road

Safety Authority; and

(b) the person's blood or urine, as ascertained from an analysis through a clinical

test subsequently taken under section 61 contains evidence of the use of a drug or

drugs as specified by the National Road Safety Authority.

(5) A police officer may arrest a person without warrant if the person refuses or fails to

comply with provisions of sections 60 or 61.

(6) Any driver of a motor vehicle, carrying a child or children in the vehicle, who

violates sub-section (1) or sub-section (4), shall be punishable in accordance with

Schedule II, and subjected to an immediate cancellation of license for a period of three years.

(7) Any person who drives a transport vehicle or a heavy motor vehicle and violates

sub-section (1) or sub-section (4) shall be punishable in accordance with Schedule II, and

subjected to an immediate cancellation of license for a period of five years.

(8) Any person who has committed an offence under sub-section (4) shall have a

valid defence, if the court is satisfied that the person had consumed the relevant qualifying

drug:

(a) in accordance with:

(i) a current and valid prescription written for that person by a registered

medical practitioner; and

(ii) any instructions from a registered medical practitioner or from the

manufacturer of the qualifying drug; or,

(b) because it was administered by a registered medical practitioner, provided

that the person complied with the instructions, if any, that the registered medical

practitioner has given.

(9) It is no defence to proceedings for an offence that a provision forming part of

sections 59, 60 and 61 has not been strictly complied with or has not been complied with at

all, provided there has been reasonable compliance with such of those provisions as apply.

36. A person is guilty of an offence and shall be punished in accordance with Schedule

II if the person intentionally and without lawful authority or reasonable cause—

(a) causes anything to be on or over a road or near a road such that it affects the

safety of road users or obstructs clear and safe vision of road users; or

(b) interferes with a motor vehicle; or

(c) interferes directly or indirectly, with traffic equipment, in such circumstances

that it would be obvious to a reasonable person that to do so would be dangerous; or

(d) damages public property.

Causing

danger to

road users.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Explanation I.—For the purposes of this section:—

(a) "dangerous" refers to danger either of injury to any person while on or near

a road, or of serious damage to property on or near a road; and in determining for the

purposes of that sub-Section what would be obvious to a reasonable person in a

particular case, regard shall be had not only to the circumstances of which a reasonable

person could be expected to be aware but also to any circumstances shown to have

been within the knowledge of the accused; and

(b) "traffic equipment" means:

(i) anything lawfully placed on or near a road by a highway authority;

(ii) a traffic sign lawfully placed on or near a road by an authorized person

or by an authorized member of the police or by a person acting under the

instruction, whether general or specific of a police officer other than a highway

authority; or

(iii) any fence, barrier or light lawfully placed on or near a road for the

purposes of construction or maintenance of the road, or by an authorized member

of the police or a person acting under the instructions, whether general or specific

of a senior officer of police.

37. If a person in charge of a vehicle causes or permits the vehicle or a trailer or a

semitrailer or mobile machinery drawn by it to remain at rest on a road in such a position or in

such condition or in such circumstances as to cause a sense of alarm or distress to occupants

of the vehicle, other road users, and persons and property near roads, that person shall be

guilty of an offence and punished in accordance with Schedule II.

38. A person shall be guilty of an offence and punished in accordance with

Schedule II, if, while a motor vehicle is on a road or on a parking place provided by a local

authority, the person, without consent of the owner,

(a) gets on to the vehicle; or

(b) tampers with the brake or other part of its mechanism, without lawful authority

or reasonable cause; or

(c) tempers with safety electronic device.

39. If for the purpose of being carried or drawn, a person, without lawful authority or

reasonable cause, takes or retains hold of, or gets on to, a motor vehicle or trailer or semi-

trailer or mobile machinery while in motion on a road, the person shall be guilty of an offence

and punished in accordance with Schedule II.

40. A person who disrupts the flow of traffic in the following manners guilty of an

offence and shall be punished in accordance with Schedule II—

(a) parking a motor vehicle in a manner so as to disrupt the flow of traffic unless

that person can show that there was an emergency which necessitated such an act.

(b) crossing any road, street, way or thoroughfare at any point where signs,

fences, barriers, or other devices are erected to prohibit or restrict such crossing.

(c) crossing any road, street, way or thoroughfare in violation of a traffic signal

or traffic sign.

Explanation—For the purposes of this section, "flow of traffic" means the authorized

movement of motor vehicles, non-motorized transport and pedestrians.

41. (1) A person shall be guilty of an offence of overloading and punished in accordance

with Schedule II, if the person who drives a motor vehicle, or causes or allows a motor vehicle

to be driven, including common carriers, goods transport agents and consignees, where:

Leaving

vehicles in

dangerous

position.

Tampering

with vehicle.

Holding or

getting on to

vehicle in

order to be

towed or

carried.

Offence of

disrupting

Flow of

Traffic, etc.

Overloading.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(a) the unladen weight of vehicle exceeds the unlanden weight specified in the

certificate of registration of the vehicle;

(b) the laden weight of vehicle exceeds the gross vehicle weight specified in the

certificate or registration;

(c) the number of persons carried in the vehicle exceeds the number of passengers

the vehicle is authorized to carry by the National Road Safety Authority;

(d) an object or cargo that protrudes outside the body of the vehicle is carried in

a manner that is likely to compromise the safety of or poses a danger to any person or

property:

Provided that in case the contravention is committed by the driver, he shall be awarded

penalty points in accordance with Schedule I:

Provided further that standard variance in weight may be permitted for equipment,

mandated under this Act, fitted to the vehicle:

Provided further that a toll operator, as defined in National Highways Authority Rules,

1997 shall be guilty of an offence under this section, if the toll operator allows such a motor

vehicle to be driven in that portion of the road over which such toll operator operates or has

obtained a concession:

Provided further that a police officer on duty at a particular location shall be guilty of

an offence under this section if the police officer permits such a motor vehicle to traverse that

location.

(2) Where the driver or person in charge of a motor vehicle driven in contravention of

sub-section (1) is not the owner of the vehicle or consignor of the goods carried by the

vehicle, a Court may presume that the offence was committed with the knowledge of or under

the orders of the owner of the motor vehicle or consignor of the goods:

Provided that a consignor shall be held responsible for the offence only if that person

is the sole consignor for the goods carried in the motor vehicles.

42. (1) Any authorized person may enter into a passenger vehicle and check whether

the vehicle is carrying more passengers than it is authorized to carry.

(2) In the event of vehicle carrying more passengers than it is authorized to carry, the

authorized person may direct the driver or the owner of the vehicle to offload passengers

beyond the authorized capacity and shall direct the driver or the owner to make other provisions

for such passengers.

(3) Any person authorized in this behalf by the National Road Safety Authority or the

State Safety Authority shall, if that person has reason to believe that a motor vehicle is being

used in contravention of section 41 require the driver to convey the motor vehicle to a

weighing device in such manner as may be specified by the National Road Safety Authority

and if on such weighing the motor vehicle is found to contravene the provisions of

section 41 regarding weight, that person shall, by order in writing, direct the driver to offload

the excess weight at the driver's own risk and cost and not to remove the vehicle or trailor

from that place until the laden weight has been reduced or the vehicle or trailer has otherwise

been dealt with so that it complies with section 41 and on receipt of such notice, the driver

shall comply with such directions.

(4) In case the vehicle owner or driver, as the case may be, fails to do so, such person

shall cause the extra weight to be unloaded at the risk and cost of owner or consignor and

such cost shall be recoverable from the owner of motor vehicle or consignor of goods.

(5) Where the person authorized under sub-section (1) makes the said order in writing,

that person shall furnish the relevant details of the overloading on the goods carriage permit

and also intimate the fact of such details to the authority which issued that permit.

Powers

regarding

vehicles

suspected of

overloading.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(6) Any driver of a vehicle who refuses to stop and submit the vehicle to weighing

after being directed to do so by a person authorized in this behalf, or removes or causes the

removal of the load or part of it prior to weighing, shall be punishable in accordance with

Schedule II.

43. The State Government or any authority authorized in this behalf by the State

Government, if satisfied that it is necessary in the interest of public safety or convenience, or

because of the nature of any road or bridge, may by notification, prohibit or restrict, subject

to such exceptions and conditions as may be specified in the notification, the driving of

motor vehicles or of any specified category of motor vehicles or the use of trailers or other

road users either generally in a specified area or on a specified road and when any such

prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed in

accordance with this Act.

44. (1) The State Government or any authority authorized in this behalf by the State

Government, may cause or permit traffic signs to be placed in any place for the purpose of

bringing to public notice any speed limits fixed under Section 28 or any prohibitions or

restrictions imposed under this Act or generally and may designate certain roads as main

roads by notification or by the placement at suitable places of the appropriate traffic sign for

the purposes of the driving regulations made by the National Road Safety Authority.

(2) Traffic signs placed under sub-section (1) shall be of such size, color and type and

shall have the meanings set forth as per regulations by the National Road Safety Authority:

Provided that the State Government or any authority empowered in this behalf by the

State Government, may make or authorize the addition to any sign set forth in the regulations

by the National Road Safety Authority:

Provided further that such sign mentioned in the regulations shall be reviewed every

three years and shall reflect International Standards as subscribed to by the Government of

India.

(3) A State Government or the State Safety Authority may, by notification, empower

any police officer to remove or cause to be removed any sign or advertisement which is so

placed in that officer's opinion as to obscure any traffic sign from view or any sign or

advertisement which in that officer's opinion is so similar in appearance to a traffic sign as to

be misleading.

(4) No person shall wilfully remove, alter, deface, or in any way tamper with, any traffic

signs placed under this section.

(5) If any person in a crash causes such damage to a traffic sign and renders it useless

for the purpose for which it is placed under this section, that person shall report the

circumstances of the occurrence to a police officer or at a police station as soon as possible,

and in any case within twenty four hours of the occurrence.

(6) Whoever violates a traffic signal shall be subjected to penalties in accordance with

Schedule II and awarded penalty points in accordance with Schedule I.

45. When any person is injured or any property of a third party is damaged, as a result

of crash in which a motor vehicle is involved, the driver of the vehicle or other person in

charge of the vehicle shall—

(a) unless it is not practicable to do so on account of mob fury or any other

reason beyond the control of the driver, take all reasonable steps to secure medical

attention for the injured person, by conveying that person to the nearest medical

practitioner or hospital or nursing home, and it shall be the duty of every registered

medical practitioner or the doctor on duty in the hospital or nursing home to immediately

attend to the injured person and render medical aid or treatment without waiting for

any procedural formalities, or financial arrangements unless the injured person or the

guardian of the injured person, in case the person is a minor, desires otherwise:

Power to

restrict the

use of

vehicles in

certain cases.

Power to

place traffic

signs.

Duty of

driver in case

of a crash and

injury to a

person.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provided that it shall be an offence by the owners, management, registered

medical practitioner or the doctor on duty if the registered medical practitioner or the

doctor on duty in the hospital or nursing home do not immediately attend to the

injured person.

(b) give on the demand of an authorized police officer any information required

by that person, or, if no police officer is present, report the circumstances of the

occurrence, including the circumstances, if any, for no taking reasonable steps to

secure medical attention as required under clause (a), at the nearest police station as

soon as possible, and in any case within twenty-four hours of the occurrence;

certificates of insurance, about the occurrence of the crash, namely:—

(i) insurance policy number and period of its validity;

(ii) date, time and place of the crash;

(iii) particulars of the persons injured or killed in the crash; and

(iv) name of the driver and the particulars of the driving license of the

driver.

Explanation.— For the purposes of this section, the expression "driver" includes the

owner of the vehicle.

46. (1) Every driver of a motor vehicle at the approach of any unguarded railway level

crossing shall cause the vehicle to stop and the driver of the vehicle shall cause the conductor

or cleaner or attendant or any other person in the vehicle to walk up to the level crossing and

ensure that no train or trolley is approaching from either side and then drive the motor

vehicle across such level crossing, and where no conductor or cleaner or attendant or any

other person is available in the vehicle, the driver of the vehicle shall get tdown from the

vehicle himself to ensure that no train or trolley is approaching from either side before the

railway track is crossed.

(2) Any person who drives a motor vehicle through a railroad crossing, and fails to

yield to barriers at the crossing, or disobeys traffic signals at the crossing or commits any

other violation which could put the driver and passengers in danger at the railway crossing,

shall be punishable in accordance with Schedule II.

47. (1) Any person who drives or causes or allows to be driven in any place a motor

vehicle while the vehicle has any defect, which such person knows of or could have discovered

by the exercise of ordinary care and which is calculated to render the driving of the vehicle a

source of danger to a motor vehicle in a manner which causes a sense of alarm or distress to

occupants of the vehicle, other road users, and persons and property near roads, shall he

punishable in accordance with Schedule II and shall be awarded penalty points in accordance

with Schedule I.

(2) Any person who drives or causes or allows to be driven, in any place a motor

vehicle, which violates the standards specified in relation to road safety, including headlights,

taillight, indicators, break lights, tyre tread, control of noise and air pollution, or with reduced

vehicle conspicuity for other road users, shall be punishable in accordance with Schedule II,

and in each case, shall be awarded penalty points in accordance with Schedule I.

(3) Any person who drives or causes or allows to be driven, in any place a motor

vehicle which violates the provisions of this Act or the rules and regulations made under the

Act relating to the carriage of goods which are of dangerous or hazardous nature, shall be

punishable in accordance with Schedule II, and in each case, shall be awarded penalty points

in accordance with Schedule I.

Duty of the

driver to take

certain

precautions at

unguarded

railway level

crossings.

Using vehicle

in unsafe

condition.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

48. (1) Any person or principal authority or contractor responsible for the design,

construction and maintenance of the safety standards of the road shall follow design,

construction and maintenance standards, as determined by the National Road Safety

Authority from time to time and shall ensure, that no death, injury or damage is caused to

road users as a result of failure to adhere to such safety standards.

(2) Any enforcing authority may bring an action for failure to maintain a road against

the designated authority under sub-section (1), if the persons responsible for the design,

construction and maintenance of the road have not exercised due care to secure the safety

circumstances as was reasonably required in the part of the road to which the action relates

to.

(3) The designated authority under sub-section (1) shall be punishable in accordance

with Schedule II if failure on part of such designated authority to comply with standards for

road design, construction and maintenance results in a death or disability.

(4) For the purposes of the action under this Section the court shall in particular have

regard to the following matters:

(a) the character of the road, and the traffic which was reasonably expected to

use it;

(b) the standard of maintenance appropriate for a road of that character and use

by such traffic;

in the road;

(d) whether the persons responsible for the maintenance of the road knew, or

could reasonably have been expected to know, that the condition of the part of the

road to which the action relates was likely to cause danger to users of the road;

(e) where the persons responsible for the maintenance of the road could not

reasonably have been expected to repair that part of the road before the cause of

action arose; and

(f) whether adequate warning notices of its condition had been displayed.

49. Whoever uses any handheld communication device while driving a motor vehicle

shall be punished in accordance with Schedule II and shall be awarded penalty points in

accordance with Schedule I.

Explanation.— For the purpose of this section "communication device" means a

portable communication device, other than a two-way radio where authorized, with which a

person is capable of making or receiving a call or sending a Short Message Service (SMS)

message, watching a video or performing an interactive communication function with any

other person.

CHAPTER III

GENERAL OFFENCES AND INVESTIGATION PROVISIONS

50. (1) Whoever, commits an offence under this Act, shall be punished with one or

more of the following penalties:

(a) fines as specified under Schedule II;

(b) community service as may be specified by the National Road Safety Authority;

(d) impounding of vehicles for a term, as specified under Schedule II;

Explanation.—For the purposes of this Act,—

(i) all references to impounding of motor vehicles shall be construed so as

Failure to

comply with

standards for

road design,

construction

and

maintenance.

Offences

relating to

certain

communication

devices.

General

provision

regarding

penalties.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

to include the immobilization of the motor vehicle on the premises of the owner

of the motor vehicle by means of an immobilisation device;

(ii) "immobilisation" means any device or appliance designed or so adapted

to be fixed to a vehicle for the purpose of preventing it from being driven or

otherwise put in motion.

(e) awarding of penalty points, as specified in Schedule I;

(f) suspension of licences, registration or permits, as specified under Schedule II;

(g) cancellation of licences, registrations or permits, as specified under Schedule II;

(h) compulsory refresher training in a manner as specified by the National Road

Safety Authority for each offence.

(2) Unless otherwise specified in this Act, an offence under a provision shall be

considered a repeated offence if its commission takes place either within a period of one year,

or as otherwise specified by the National Road Safety Authority, from the previous commission

of an offence under the same provision:

Provided that whoever contravenes any provision of this Act or of any rule, regulation,

order or notification made under this Act shall, if no penalty is provided for the offence, be

punished for the offence in accordance with Schedule II.

51. (1) Whoever, while driving commits an offence under this Act shall be awarded

penalty points for the offence, in accordance with Schedule I, in addition to the fine or

imprisonment as the case may be.

(2) The consequences of accumulated penalty points, and the period of validity of

such penalty points to any holder of a driving license shall be as specified under Schedule I.

(3) The procedure for awarding penalty points and maintaining records associated

with such penalty points shall be as specified by the National Road Safety Authority.

(4) The National Road Safety Authority may also formulate incentive schemes to

encourage safe driving behaviour.

52. (1) Whoever drives a motor-vehicle or causes or allows a motor vehicle to be

driven without a valid policy of insurance, shall be deemed to have committed a cognizable

offence and shall be punished in accordance with Schedule II.

(2) Any person responsible for insuring a vehicle including the vehicle owner or

consignor or driver, as the case may be, fails to insure, such person shall be deemed to have

committed a cognizable offence and shall be punished in accordance with Schedule II.

53. (1) Whoever, while driving or attempting to drive a motor vehicle or a motorcycle

causes a crash, shall be punished in accordance with Schedule II, and shall also be awarded

penalty points shall be punished in accordance with Schedule I, and shall have to undergo

compulsory refresher training.

(2) Whoever, while driving a motor vehicle or attempting to drive a motor vehicle

causes the death of a person, shall be punished in accordance with Schedule II, and the

subjected to an immediate cancellation of license.

(3) Whoever fails to complete a compulsory impairment test in a manner satisfactory to

a police officer, as specified by the National Road Safety Authority, when required to do so

by a police officer under section 59 shall be deemed to have committed an offence under this

Act.

54. Whoever abets the commission of an offence under this Act shall be punished

with the punishment provided for that offence:

Provided that the punishment in case of section 41 shall only be applicable to the

owner or consigner of the vehicle.

General

provision for

driver penalty

points

scheme.

Driving

uninsured

vehicle.

Punishment

for offences

relating to a

crash.

Punishment

for abetment

of certain

offences.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

55. (1) Where an offence under this Act has been committed by a company, every

person who, at the time the offence was committed, was in charge of, and was responsible to,

the company for the conduct of the business of the company shall be deemed to be guilty of

the offence and shall be liable to be proceeded and punished accordingly:

Provided that no person shall be held liable for an offence under this sub-section if he

proves that the offence was committed wthout his knowledge or that he had exercised all due

diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under

this Act has been committed by a company and it is proved that the offence was committed

with the consent or connivance of, or is at to any neglect on the part of any director, manager,

secretary or other officer of the company, such director, manager, secretary or other officer

shall also be deemed to be guilty of that offence, and shall be liable to be proceeded against

and punished accordingly.

Explanation.—For the purposes of this section "director" means a partner in the firm.

56. (1) Any police officer in uniform may arrest without a warrant any person—

(a) who in the presence of such officer commits an offence punishable under

sections 25, 26, 35, 52 and 53 or subject to the provisions of this section; and

(b) who has committed an offence under this Act and refuses to provide his

name and address on demand of such information.

(2) Any person arrested in connection with an offence punishable under section 35

shall, within two hours of such arrest, be subjected to a medical examination referred to in

sections 59, 60, 61 by a registered medical practitioner failing which such shall arrested

person shall be released from custody.

(3) A police officer arresting the driver of a motor vehicle without warrant shall, if the

circumstances so require, take or cause to be taken any step as he may consider proper for

the temporary disposal of the vehicle.

(4) A female offender may be arrested without warrant only by a female police officer in

uniform.

57. (1) If any police officer or other person authorized in this behalf by the State

Government has reason to believe that any license, permit, certificate of registration, certificate

of insurance or other document produced by the driver or person in charge of a motor vehicle

is a false document within the meaning of section 464 of the Indian Penal Code 1860, such

officer or authorized person, as the case may be, may seize and mark the document and call

upon the driver or owner of the vehicle to account for their possession of or the presence in

the vehicle of such document.

(2) If any police officer or any other person authorized in this behalf by the State Road

Safety Authority has reason to believe that the driver or owner of a motor vehicle who is

charged with any offence under this Act may abscond or otherwise avoid the service of a

summons, such officer or authorized person may seize any license or certificate of registration

of the vehicle held by such driver and forward it to the Court taking cognizance of the

offence and the said Court shall on the first appearance of such driver before it, return the

license or certificate of registration to the driver or owner, as the case may be, in exchange for

the temporary acknowledgement given under sub-section (3).

(3) A police officer or the authorised person seizing a license or the certificate of

registration under sub-section (2) shall give to the person surrendering the license or the

certificate of registraion a temporary acknowledgement for the same, and such

acknowledgement shall authorize the holder to drive until the license has been returned or

until such date as may be specified by the officer or authorized person in the acknowledgement,

whichever is earlier:

Offences by

companies.

Power to

arrest without

warrant.

Power to

impound

document.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provided that if any Magistrate, police officer or any other person authorized by the

State Road Safety Authority in this behalf is, on an application so made, is satisfied that the

license cannot be, or has not been, returned to its holder before the date specified in the

acknowledgement for any reason for which the holder is not responsible, the Magistrate,

police officer or authorized person, as the case may be, may extend the period of authorization

to drive to such date as may be specified in the acknowledgement.

58. (1) Whoever willfully disobeys any order lawfully issued by any person or authority

empowered under this Act to issue such order, or obstructs any person or authority in the

discharge of any functions which such person or authority is required or empowered under

this Act to discharge, shall, if no other penalty is provided for the offence, be punished in

accordance with Schedule II and be awarded penalty points in accordance with Schedule I.

(2) Any person who, being required by or under this Act to supply any information,

willfully withholds such information or gives information which such person knows to be

false or does not believe to be true, shall, if no other penalty is provided for the offence, be

punished in accordance with Schedule II, and be awarded penalty points in accordance with

Schedule I.

(3) Whoever, causes the death or an injury to any person in the discharge of any

functions under this Act, shall, if no other penalty is provided for the offence, be punished

in accordance with Schedule II.

59. (1) A police officer in uniform or a person authorized by the traffic authority in this

behalf, may require any person, driving or attempting to drive a motor vehicle in any place, or

whom the police officer has reasonable cause to suspect has recently committed an offence

under this Act, or who is driving or attempting to drive a vehicle involved in a crash or whom

the officer has reasonable cause to suspect was driving a motor vehicle involved in a crash,

to undergo a compulsory impairment test as specified by the National Road Safety Authority,

if the police officer has reasonable cause to suspect that the person has consumed a drug or

drugs.

(2) A police officer may require a person specified under sub-section (1) to—

(a) remain in the place where stopped, for a period of time that is reasonable in

the circumstances, to undergo the compulsory impairment test; or

(b) accompany a police officer to another place to undergo the compulsory

impairment test.

(3) A person who has undergone a compulsory impairment test must remain at the

place where the person underwent the test until the result of the test is ascertained.

(4) A police officer may exercise the powers in sub-sections (1) and (2) in addition to

any breath tests under section 60 and regardless of the outcome of any such tests.

(5) A person shall have a valid defence, if the court is satisfied that the person's failure

or refusal to undergo a compulsory impairment test is because of—

(a) a pre-existing medical condition or pre-existing disability that precludes

undergoing the test; or

(b) an injury, sustained in a motor vehicle crash giving rise to an obligation to

undergo the test that precludes undergoing the test.

60. (1) A police officer in uniform or a person authorized by the traffic authority in this

behalf, may require any person driving or attempting to drive a motor vehicle in any place, or

whom the police officer has reasonable cause to suspect has recently committed an offence

under this Act, or who is driving or attempting to drive a vehicle involved in a crash or whom

the officer has reasonable cause to suspect was driving a motor vehicle involved in crash, to

provide one or more specimens of their breath for breath tests at or near that place, if such

police officer or authorized person has reasonable cause to suspect such person of having

committed an offence under section 35.

Disobedience

of orders,

obstruction or

causing death

or injury of a

person

enforcing the

Act.

Impairment

Tests.

Breath tests.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) A person who has undergone a breath test shall remain at the place until the result

of the test is ascertained.

(3) A requirement for breath tests under sub-section (1) shall be made, as soon as may

be reasonably practicable after the commission of such offence under this Act, in accordance

with the procedure specified by the National Road Safety Authority.

(4) If a motor vehicle is involved in a crash in any place and a police officer in uniform

has reasonable cause to suspect that the person driving the motor vehicle at the time of the

crash had alcohol in their blood or that such person was driving under the influence of a drug

referred to in section 35, the officer may require the person so driving to provide a specimen

of his breath for a breath test—

(a) at the hospital, if such person is an indoor patient subject to sub-section (2);

(b) in the case of any other person, either at or near the place where the requirement

is made; or

(5) A person shall not be required to provide a specimen while at a hospital under

clause (a) of sub-section (4) if the registered medical practitioner in immediate charge of that

person's case:

(a) is not first notified of the proposal to make the requirement; or

(b) objects to the provision of a specimen on the ground that its provision or the

requirement to provide it would be prejudicial to the proper care or treatment of the

patient.

(6) If it appears to a police officer in uniform, in consequence of a breath test carried

out by that officer on any person under sub-section (1) or sub-section (3), that the device by

means of which the test was carried out indicates the presence of alcohol in the person's

blood, the officer may arrest that person without warrant except while that person is at a

hospital as an indoor patient.

(7) If a person is required by a police officer under sub-section (1) or sub-section (3) to

provide a specimen of breath for a breath test, and refuses or fails to do so, and the police

officer has reasonable cause to suspect that person of having alcohol in his blood, the police

officer may arrest that person without warrant except while that person is at a hospital as an

indoor patient.

(8) A person arrested under this section shall, while at a police station, be given an

opportunity to provide a specimen of breath for a breath for a breath test here.

(9) The results of a breath test made in pursuance of the provisions of this section

shall be admissible in evidence.

Explanation.—For the purposes of this section, "breath test" means a preliminary test

for the purpose of obtaining, by means of a device of a type approved by the National Road

Safety Authority, by notification, an indication whether as to the presence of alcohol in a

person's blood or breath is likely to exceed the specified limit.

61. (1) A person who has been arrested under section 35 may, while at a police station,

be required by a police officer to provide to such registered medical practitioner, a specimen

of their blood or urine for a clinical test if:

(a) it appears to the police officer that the device, by means of which breath test

was taken in relation to such person, indicates the presence of alcohol in the blood or

urine of such person; or

(b) such person, when given the opportunity to submit to a breath test, has

refused, omitted or failed to do so; or

Clinical test.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

consumed a drug or drugs, and such person, when required to complete a compulsory

impairment test under section 59 does not complete such test in a manner satisfactory

to such police officer.

(2) A person who has been required by a police officer under sub-section (1) to permit

the taking of a blood specimen shall, without delay after being requested to do so by a

registered medical practitioner, permit that practitioner to take a blood specimen from that

person.

(3) Where the person required to provide such specimen is a female, and the registered

medical practitioner produced by such police officer is a male medical practitioner, the specimen

shall be taken only in the presence of a female medical practitioner or a police officer.

(4) A person while at a hospital as an indoor patient may be required by a police officer

to provide at the hospital a specimen of their blood or urine for a clinical test:

(a) if it appears to the police officer that the device by means of which a breath

test is carried out in relation to the breath of such person indicates the presence of

alcohol in the blood or urine of such person; or

(b) if the person having been required, whether at the hospital or elsewhere, to

provide a specimen of breath for a breath test has refused, omitted or failed to do so

and a police officer has reasonable cause to suspect that person of having alcohol in

their blood or urine; or

consumed drug or drugs, and the person does not complete a compulsory impairment

test in a manner satisfactory to a police officer, who is trained to give the test, when

required to do so by a police officer under section 59.

(5) A person shall not be required to provide a specimen of blood or urine for a clinical

test under sub-section (2) if the registered medical practitioner in immediate charge of such

person's case:

(a) is not first notified of the proposal to make the requirement; or

(b) objects to the provision of such specimen on the ground that its provision or

the requirement to provide it would be prejudicial to the proper care or treatment of the

patient.

(6) The results of a clinical test made in pursuance of this section shall be admissible

in evidence.

Explanation.—For the purposes of this section, "clinical test" means the analysis of

a specimen of blood or urine made at a laboratory established, maintained or recognised by

the Central Government or a State Government.

62. In any proceeding for an offence punishable under Section 98 if it is proved that

the accused when requested by a police officer at any time so to do, had refused, omitted or

failed to consent to the taking of or providing a specimen of their breath for a breath test or

a specimen of their blood or urine for a clinical test, such refusal, omission or failure may,

unless reasonable cause for the same is shown, be presumed to be a circumstance supporting

any evidence given on behalf of the prosecution, or rebutting any evidence given on behalf

of the defence, with respect to unfitness of the accused to drive.

63. Any authority that is empowered to enforce the provisions of this Act shall, if such

authority commits an offence under this Act, incur twice the penalty prescribed for that

offence.

64. (1) Any offence committed after the commencement this Act, which is punishable

with fine only, may, before or after the institution of the prosecution, be compounded by

Presumption

of unfitness

to drive.

Penalty for

offence

committed by

an enforcing

authority.

Compounding

of certain

offences.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

such officers or authorities and for such amount as the Central Government may, by

notification, provide in this behalf.

(2) No offence under sub-section (1) shall be compounded for—

(a) the offences involving amount less than the minimum amount of fine as may

have been provided under this Act;

(b) offences involving imprisonment;

(d) offences in which penalty points specified cannot be waived.

65. (1) The Court taking cognizance of any offence (other than an offence which the

Central Government may by rules specify prescribe) under this Act,—

(a) may, if the offence is an offence punishable with imprisonment under this

Act; and

(b) shall, in any other case, state upon the summons to be served on the accused

person that he:

(i) may appear by pleader or in person; or

(ii) may, by a specified date prior to the hearing of the charge, plead guilty to the

charge and remit to the Court, by money order, such sum not exceeding the maximum

fine that may be imposed for the offence as the Court may specify, and the plea of guilt

indicated in the money order coupon itself:

Provided that the Court shall, in the case of any of the offences referred to in sub-

section (2), state upon the summons that the accused person, if such person pleads guilty,

shall so plead in the manner specified in clause (b) and shall forward the driving license to the

Court with such letter containing such plea.

(2) Where the offence dealt with in accordance with sub-section (1) is an offence

prescribed by the Central Government by rules for the purposes of this sub-section, the

Court shall, if the accused person pleads guilty to the charge and forwards that person's

driving license to the Court with the letter containing such plea, make an endorsement of

such conviction on such driving license.

66. The National Road Safety Authority shall have the power to amend Schedules in

order to amend the offences punishable under this Act.

CHAPTER IV

NATIONAL ROAD SAFETY AUTHORITY

67. (1) The Central Government shall, within six months of commencement of this Act,

by notification establish an authority to be known as National Road Safety Authority to

exercise the powers conferred on, and to perform the functions assigned to it under this Act.

(2) The National Authority shall be a body corporate with the name aforsesaid having

perpetual succession and a common seal with the power, subject to the provisions of this

Act to acquire, hold and dispose of property and to contract, and may, by the aforesaid

name, sue or be sued.

(3) The Authority shall consist of—

(a) the Union Minister for Road Transport and Highways as the Patron, not

being a member;

(b) a Chairperson, who shall have the rank of a Secretary to the Government of

India; and

who shall have the rank of Additional Secretary to the Government of India.

Summary

disposal of

cases.

Power of

National

Road Safety

Authority to

amend

Schedules.

Constitution

of National

Road Safety

Authority.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(4) A member of the National Road Safety Authority, not being the Chairperson, shall

be a person of ability, integrity and standing and with special knowledge of, or professional

experience in either one or more subjects of economics, transport, urban planning, law, traffic

management and regulation, medical sciences and trauma care, crash investigation and

forensics, air pollution, road safety, insurance, motor vehicles, civil engineering, which, in

the opinion of the Central Government, will be useful for the National Road Safety Authority

to render its functions and fulfill its objectives under this Act.

(5) All members of the National Road Safety Authority shall be whole-time members.

(6) The members of the National Road Safety Authority shall be appointed in such

manner so as to secure the highest standards of professional competence and a range of

relevant expertise in order to effectively discharge the duties and functions of the National

Road Safety Authority under this Act.

(7) The head office of the National Road Safety Authority shall be in the National

Capital Region of Delhi.

(8) The National Road Safety Authority may establish such number of offices at such

places in India as may be deemed fit by it to render its functions and to fulfill its objectives.

68. (1) The Chairperson and the members of the National Road Safety Authority shall

be appointed by the Central Government from a panel of persons recommended by a selection

committee established under this Act.

(2) The selection committee shall consist of:

(a) the Cabinet Secretary to the Government of India, as the Chairperson;

(b) the Secretary in-charge of the Ministry of Road Transport and Highways,

Government of India, as a member;

(d) three experts of repute with special knowledge of, or professional experience

in either one or more subjects of economics, transport, urban planning, law, traffic

management and regulation, medical sciences and trauma care, crash investigation

and forensics, air pollution, road safety, insurance, motor vehicles, automotive

engineering, civil engineering, as members.

(3) The term of the selection committee and the manner of selection of the panel of

persons shall be such as may be prescribed.

(4) The Central Government shall make a reference to the selection committee for filling

up of a vacancy in the National Road Safety Authority—

(a) within one month from the date of occurrence of a vacancy by reason of

death, resignation or removal of the Chairperson or a member of the National Road

Safety Authority; or

(b) three months before the superannuation or completion of the term of office of

the Chairperson or a member of the National Road Safety Authority.

(5) For every vacancy referred to it, the selection committee shall make such

recommendations within two months from the date on which reference is made to it.

(6) A member of the selection committee shall not be eligible to be considered for

appointment as the Chairperson or a Member of the National Road Safety Authority for a

period of two years from the date on which he ceases to be a member of the selection

committee.

(7) Before making any recommendations under sub-section (5), the selection committee

shall satisfy itself that every person so recommended is capable of functioning independently

Appointment

Chairperson

and other

Members.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

as a member of the National Road Safety Authority, where such independence means the

ability to maintain and exercise independent judgment in discharge of his duties.

(8) The Central Government shall appoint the Chairperson and the members of the

National Road Safety Authority, within a period of one month from the date of recommendation

of the selection committee.

69. (1) Before appointing any person as the Chairperson or member, the Central

Government shall satisfy itself that the person does not have any financial or other interest

as is likely to affect prejudicially to function as a Chairperson or a member.

(2) The salary and allowances payable to and other terms and conditions of service of

the Chairperson and the members, shall be such as may be prescribed.

(3) The terms and conditions of service of the Chairperson and the members shall not

be varied to their disadvantage after appointment.

70. (1) The Chairperson or any member may, by notice in writing under his hand

addressed to the Prime Minister resign his office.

(2) The Central Government may, by order, remove from office the Chairperson or any

other member of the National Road Safety Authority if such person has,—

(a) been adjudged as an insolvent; or

(b) been convicted of an offence which, in the opinion of Central Government,

involves moral turpitude; or

(d) acquired such financial or other interests as is likely to affect prejudicially his

functions; or

(e) so abused his position so as to render his continuation in office prejudicial to

the public interest.

(3) No member shall be removed under clauses (d) or (e) of sub-section (1) unless such

person has been given a reasonable opportunity of being heard in the matter.

71. No member of the National Road Safety Authority shall, for a period of two years

from the date on which he ceases to hold office, directly or indirectly, for his own account or

an agent, administrator, officer, director, retainer, member of the executive body or shareholder

or equity owner of any other person, conduct any activity within the jurisdiction of the

National Road Safety Authority under this Act:

Provided that this section shall not apply when a member of the National Road Safety

Authority is appointed as a member of the State Road Safety Authority.

72. (1) The National Road Safety Authority shall have the power to determine the

number, nature and categories of officers and employees required by it to discharge its

functions.

(2) The salaries and allowances payable to and other terms and conditions of service

of the officers and employees shall be such as may be specified by regulations by the

National Road Safety Authority.

73. The Chairperson and a member of the National Road Safety Authority shall hold

office for a term of three years from the date on which he enters upon his office or until he

attains the age of sixty five years, whichever is earlier and shall be eligible for reappointment.

74. (1) In the event of the occurrence of any vacancy in the office of the Chairperson

by reason of his death, resignation or otherwise, the Central Government may, by notification,

authorize one of the members to act as the Chairperson until the appointment of a new

Chairperson to fill such vacancy.

Conditions of

service of

Chairperson

and members.

Resignation

and Removal

Chairperson

and members.

Restrictions

employment.

Officers and

employees of

the National

Road Safety

Authority.

Term of

office of

Chairperson

and members.

Member to

act as

Chairperson

or to

Discharge his

Functions in

Certain

Circumstances.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) When the Chairperson is unable to discharge his functions owing to absence on

leave or otherwise, one of the members as the Central Government may, by notification,

authorize in this behalf, shall discharge the functions of the Chairpersons until the date on

which the Chairperson resumes his duties.

75. No act or proceedings of the Authority shall be questioned or invalidated merely

on the ground of existence of any vacancy or defect in the constitution of the Authority.

76. (1) The National Road Safety Authority shall have the overall objective of

eliminating practices that are adverse to transportation safety, road safety, and innovation

and adoption of new technology.

(2) The objective of the National Road Safety Authority shall be reviewed and ratified

every five years by the Parliament.

(3) In pursuit of the objective under sub-section (1), the National Road Safety Authority

shall:—

(a) formulate standards for road safety, road infrastructure and control of traffic;

(b) provide for safe and sustainable utilization of road transport ecosystem;

(d) provide measures for the safety of vulnerable road users.

(4) The National Road Safety Authority shall function as an economic regulator for the

purposes of developing a framework to guide the determination of costs of safety equipments

to be installed in motor vehicels.

(5) While developing the framework under sub-section (4) the National Road Safety

Authority shall be guided by—

(a) the recognition that the promotion of safety of road users is of paramount

importance;

(b) the general principles identified for the administration of this Act under

section 4;

safety equipments including that the costs be commensurate with the services being

provided;

(d) the requirement to encourage competition, innovation, efficiency, and

economic use of resources;

(e) the need that prescribed safety equipments should be correlated with the

anticipated safety outcomes and should be technology neutral; and

(f) the requirement to safeguard consumer interest and ensure equity.

77. (1) The National Road Safety Authority may, be regulations, inter alia, specify the

following:—

(a) the standards for the design, construction, operation and maintenance of

motor vehicles, parts of motor vehicles, trailers, semi-trailers, mobile machinery,

including—

(i) safety standards and minimum requirements for such design,

construction and maintenance for promoting safety of the occupants and other

road users;

Vacancies,

etc., not to

Invalidate the

Proceedings

of the

Authority.

Objectives

and Functions

of the

National Road

Safety

Authority.

Regulations

and other

functions of

the National

Road Safety

Authority.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(ii) safety standards and minimum requirements for such design,

construction and maintenance for protection of environment; and

(iii) conditions for safe usage of such vehicles with regard to occupants

of the motor vehicle, other road users, and persons and property near roads,

including for motor vehicles independent of body, trailer, mobile machinery or as

a whole.

(b) the standards for the design and construction of passenger transport vehicles

for promoting the safety and comfort of the passengers and drivers of such vehicles,

including for the bus body.

Explanation.—For the purpose of this sub-section 'bus body' means the portion

of a passenger transport vehicle that encloses such vehicle's occupant space, exclusive

of the bumpers, the chassis frame, and any structure forward of the last point of the

windshield mounting.

transport vehicles for promoting the safety and comfort of the drivers as well as

occupants of such vehicles and the safe carriage of the goods by such vehicles.

Explanation.—For the purpose of this section the 'truck body' means the portion

of the goods transport vehicle that encloses such vehicle's occupant space and space

for the carriage of goods, exclusive of the bumpers, the chassis frame, and any structure

forward of the forward most point of the windshield mounting;

(d) the standards and procedures for the tests of competence for issuance of

licences;

(e) the conduct of safety and performance audits to monitor compliance with the

standards anywhere in the country as may be specified by the National Road Safety

Authority;

(f) the creation, maintenance and sharing of a standard, national, uniform database

for collecting and managing data including data relating to licences, registrations,

insurance, permits, road crashes, offences and penalties;

(g) the procedure and the enforcement of quality control in relation to any

aspect of transport and road safety and fuel quality as specified under this Act;

(h) the methods of data collection, analysis and exchange of information among

enforcement authorities engaged in road safety;

(i) the evaluation of enforcement and administration of this Act;

(j) the accreditation of assessors for safety audits, inspections and ratings;

(k) guidelines relating to safety features for non-motorized transport and for

safe operating conditions for such transport;

(l) catering for the special requirements of vulnerable road users such as children,

senior citizens, differently-abled persons, non-motorized transport and pedestrians

relating to road safety and traffic management;

(m) catering for the safety and security of people travelling by road transport,

especially women, children and senior citizens;

(n) guidelines for and enabling electronic payment of fines and any other

payments;

(o) guidelines for the design, construction operation and maintenance of roads

to ensure safety of road users;

(p) guidelines for the management of traffic on roads, including the schemes for

segregation of various classes of road users and their right of way;

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(q) the electronic collection and dissemination of information related to restricted

roads, no entries, one ways, restricted entry and time-zones for various classes of

vehicles;

(r) guidelines for crash investigation procedure and training of enforcement

agencies;

(s) guidelines for creation of child safety zones;

(t) the standards for technology deployed in pursuance of this Act; and

(u) any other matters which are necessary to fulfil its functions under this Act.

(2) In addition, the National Road Safety Authority shall—

(a) provide technical advice and assistance to the Central Government, and

advise the Central Government and the State Governments on administration of the

provisions relating to safety as contained in this Act;

(b) advise the State Government, urban local bodies, municipalities, panchayati

raj institutions on matters relating to or arising out of traffic management on roads and

the use of motor vehicles for the purposes of ensuring road safety;

facilities and para- medical facilities for dealing with traffic related injuries on roads and

highways;

(d) make regulations specifying guidelines for building capacity and skills in

traffic police, hospitals, highway authorities, educational and research organizations

and other organizations dealing with road safety and traffic management;

(e) promote relevant practices in road safety and traffic management, undertake

road safety and traffic education programmes, and conduct campaigns to create

awareness amongst all sections of road users;

(f) invole interest groups and non-government organization working in the area

of road safety and traffic management, and assist them in promotion of efficient traffic

management and road safety practices;

(g) establish a network of organizations with the aim to facilitate a technical

cooperation framework by the co-ordination of activities, the exchange of information,

the development and implementation of joint projects, the exchange of expertise and

best practices in the fields within the purview of the National Road Safety Authority;

(h) co-ordinate with other agencies such as education boards and institutions,

health services and non-governmental organizations in maters relating to road safety

and traffic management;

(i) contribute to the development of international technical standards for motor

vehicles and roads;

(j) promote co-ordination of work on motor vehicles and road standards

undertaken by international governmental and non-governmental organizations;

(k) promote consistency between international technical standards and domestic

standards while ensuring that the level of safety adopted in the country is not

compromised; and

(l) specify the process or methodology for the crash testing of vehicles.

(3) For the purpose of performing its regulatory and other functions under this Act, the

National Road Safety Authority shall conduct research, by way of collecting data, and

performing such analysis as may be relevant and necessary, and this may include—

(a) conducting or causing to be conducted research in different spheres

of road safety and traffic management and publishing its findings;

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) establishing procedures and centres for multi-disciplinary crash

investigation;

transmission and analysis at appropriate levels, and defining the role of different

agencies involved in the process;

(d) collecting and storing data from any central or state agency or body or

other institution with respect to road safety and traffic information;

(e) identifying areas or traffic congestion and crash prone zones on National

and State highways, rural and city roads and plans to mitigate the identified

problems in a time-bound manner; and

(f) any other measures necessary for the purpose of giving effect to the

purposes of this Act.

(4) The National Road Safety Authority shall make it public without undue delay—

(a) the opinions of the Technical Working Groups, including all representations

made to it by external experts, and at public hearings;

(b) the annual declarations of interest made by the Chairperson, members of the

National Road Safety Authority and members of the Technical Working Groups,

including declarations of interest, if any, made in relation to items on the agenda of

meetings;

(d) the annual report of its activities.

78. (1) The Chairpersons and the members of the National Road Safety Authority

shall, in addition to attending office regularly meet at least once a month, and at such times

and places, and shall observe such rules of procedure in regard to the transaction of business

at its meetings, including quorum at such meetings and procedure for such meetings, as may

be prescribed.

(2) The Patron shall be free to attend and participate in any meeting or consultation or

event of the National Road Safety Authority, Technical Working Groups or all or any other

bodies or groups or advisory team established by the National Road Safety Authority for the

purposes of this Act.

(3) The Chairperson shall ordinarily preside over meetings of the National Road Safety

Authority unless the Patron is attending the said meeting in which case the Patron shall

preside over such meetings.

(4) If the Chairperson is unable to attend a meeting of the National Road Safety

Authority, the Chairperson may authorise any other member to preside over the meeting.

(5) The Chairperson and members must, at all times, act in good faith, and use diligence

in the discharge of their duties.

(6) The Chairperson or any member who has any direct or indirect interest in any

matter coming up for consideration at a meeting of the National Road Safety Authority shall,

disclose the nature of interest to the National Road Safety Authority.

(7) A disclosure made by the Chairperson or a member will be recorded in the proceedings

of the meeting, and the Chairperson or such member shall recuse from any deliberation or

decision of the National Road Safety Authority with respect to that matter or any matter

connected therewith:

Provided that if the Chairperson has to recuse himself from a proceeding of the National

Road Safety Authority, the Patron shall designate a member of the Authority to discharge the

functions of the Chairperson for that matter.

Proceedings

of the

National

Road Safety

Authority.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(8) All orders and decisions of the National Road Safety Authority shall be

authenticated by the Chairperson.

79. (1) If the National Road Safety Authority proposes to make any regulation, it shall

publish a draft of the proposed regulations for inviting public expression.

(2) Every draft of a proposed regulation which is published under this section shall be

accompanied by a statement setting out:—

(a) the objectives of the proposed regulations;

(b) how the draft regulations fulfil the particular provision of this Act under

which the regulations are made;

analysis where feasible;

(d) the process by which any person may make a representation in relation to the

proposed regulations;

(e) the implications of any regulations applied with retrospective effect; and

(f) the implementation schedule for any regulations, which shall be determined

after due consultation with all stakeholders including consumers and industry.

(3) Before finalizing the draft of any regulation, the National Road Safety

Authority shall consider every representation made to it in accordance with clause (d) of

sub-section (2):

Provided that the decision of the National Road Safety Authority shall be final whether

or not it had considered any representations made to it.

(4) While finalising the regulations, the National Road Safety Authority shall approve

that the regulations which are consistent with the Act and shall publish:—

(a) all the representations received under clause (d) of section (2); and

(b) unless specified otherwise, at least a general account of the response to the

representations.

(5) If the notified regulations substantially differ from the proposed regulations

published by the National Road Safety Authority under sub-section (1), in addition, to

complying with sub-section (4), it must publish the details and reasons for such change.

(6) When carrying out a cost-benefit analysis for the purposes of this section, the

National Road Safety Authority must consider the probable costs that will be borne by:—

(a) the persons required to comply with the regulations;

(b) road users, both directly and indirectly;

(d) any other persons affected by the regulations.

(7) The National Road Safety Authority shall consider the probable benefits that may

accrue to road users and other persons as a result of the regulations.

(8) The National Road Safety Authority may, use the best available data and where

such data is not available, reasonable estimates to carry out the analysis.

80. (1) The National Road Safety Authority may dispense with the procedure under

section 17, if the time taken to comply with it has the potential to cause considerable harm or

losses for the persons likely to be affected by such regulations.

(2) If the National Road Safety Authority makes regulations under this section, it

shall:—

(i) publish the reasons for invoking this section; and

Process for

making

regulations.

Emergency

regulation

making.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(ii) submit a report to the Central Government within one week of invoking

this section.

(3) Unless the Central Government communicates its approval in writing within thirty

days to the National Road Safety Authority, the regulations made under this section will

cease to have effect after a period of one hundred and eighty days from the date on which the

regulations are notified by the National Road Safety Authority:

Provided that where the approval of the Central Government is not received in writing,

the regulations made under this section will continue to have effect beyond the period of one

hundred and eighty days, if the National Road Safety Authority completes the procedure

under section 17 of this Act within the hundred and eighty day period specified in this

section.

81. (1) The Chairperson shall be the legal representative of the National Road Safety

Authority and shall be responsible for—

(a) the day-to-day administration of the National Road Safety Authority;

(b) drawing up proposals for the work programmes including prioritisation of

work of the National Road Safety Authority;

Road Safety Authority;

(d) ensuring the provision of appropriate technical and administrative support

for the Technical Working Groups;

(e) ensuring that the National Road Safety Authority carries out its tasks in

accordance with the requirements of its stakeholders, in particular with regard to the

adequacy of the services it provides and the time taken to provide such services;

(f) preparation of the statement of revenue and expenditure and the execution of

the budget of the National Road Safety Authority;

(g) identifying potential risks for the transport ecosystem in India, particularly

with respect to road and transport safety;

(h) pooling of knowledge;

(i) ensuring close cooperation between the National Road Safety Authority and

the enforcement agencies and organizations operating in the field of transport, roads

and motor vehicles;

(j) engaging with the Central Government, and for ensuring a regular dialogue

with the Technical Working Groups; and

(k) reporting to the Patron on any matter relating to the National Road Safety

Authority as may be required by the Patron.

(2) Every year, the Chairperson shall submit for adoption, by way of an annual review

meeting, to all the members of the National Road Safety Authority:—

(a) programmes of work;

(b) the annual accounts for the previous year;

(d) action taken report or response to instructions of the members of the National

Road Safety Authority; and

(e) a general report covering all the activities of the National Road Safety Authority

in the previous year.

Functions of

the

Chairperson.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) The Chairperson shall, while following adoption under sub-section (2), forward a

copy of general report and the programs to the Central Government and the State Governments

and shall also publish for information to general public.

(4) The Chairperson shall approve all financial expenditure of the National Road Safety

Authority and report its activities to the Central Government.

(5) The Chairperson shall have administrative control over the officers and other

employees of the National Road Safety Authority.

82. (1) The National Road Safety Authority shall constitute Technical Working Groups,

consisting of independent technical experts to maintain and exercise independent judgment

in the discharge of duties.

(2) Each Technical Working Group constituted under this section shall be headed by

a member of the National Road Safety Authority designated by the Chairperson in consultation

with the Central Government, considering such member's special knowledge and field of

professional experience and any declarations of interest made by members from time to time.

(3) The Technical working Group shall invite the relevant industry and consumer

representatives to its deliberations.

(4) Without prejudice to the generality of sub-section (1), the National Road Safety

Authority may establish such number of Technical Working Groups as it considers necessary

on the following matters—

(a) roads standards;

(b) traffic management;

(d) technology and enforcement;

(e) transport infrastructure and safety;

(f) crash Investigation and Forensics;

(g) data Collection and Analytics.

(5) the National Road Safety Authority may from time to time re-constitute the Technical

Working Groups by adding new members or by replacing the existing members or by changing

the name of the Group as the case may be.

(6) The administrative, financial and research support for the Technical Working Groups

shall be provided by the National Road Safety Authority.

83. (1) The National Road Safety Authority shall appoint the members of all Technical

Working Groups for a period of three years.

(2) The National Road Safety Authority shall, for the purpose of appointing of Technical

Working Groups under sub-section (1), invite applications by publishing the details in

leading international technical publications and by posting the details on its official website.

(3) The mode and manner of operation of Technical Working Groups as well as

coordination between the various Technical Working Groups shall be specified by regulations

made by the National Road Safety Authority.

(4) The regulations made under sub-section (2) shall relate in particular to:

(a) the number of times that a member can serve consecutively on a Technical

Working Group;

(b) the number of members in each Technical Working Group;

Group;

Technical

Working

Groups.

Procedure for

appointing

Technical

Working

Groups.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) the manner in which tasks and requests for technical opinions are assigned

to the Technical Working Groups;

(e) the creation and organization of the body of the Technical Working Groups,

and the mode and manner of involvement and engagement of external experts being

included in the Technical Working Groups;

(f) the possibility, mode and manner of inviting observers to attend the meetings

of the Technical Working Groups;

(g) the possibility, mode and manner of organising public hearings;

(h) the conduct of meetings, including provision for meetings, to be held without

the physical presence of a member of a Technical Working Group; and

(i) the quorum of the meeting, notice and agenda of the meeting and such other

matters.

84. The National Road Safety Authority shall have the power to delegate all or any

power or function that has been conferred upon it by this Act to any person or group of

persons barring such exceptions as may be provided for in this Act:

Provided that the National Road Safety Authority shall not delegate its power to make

regulations under this Act.

85. (1) The Central Government shall, by notification in the official Gazette, constitute

a National Road Crash Victim Compensation Fund to which the following shall be credited:—

(a) any grants and loans made to the National Road Safety Authority by the

Central Government;

(b) notwithstanding anything contained in any other law, a proportion of the

insurance premiums or a road safety cess on such insurance premiums collected in the

country, apportioned under this Act, as prescribed; and

sources as may be prescribed.

(2) The Fund shall be utilized for providing immediate interim relief, medical treatment

and rehabilitation to road accident victims in the territory of India:

Provided that the following persons shall be eligible to claim compensation from the

Fund:

(a) a person who has been grievously hurt in a road accident till such time as the

person may be stabilized;

(b) one or more legal representatives of a person who died in a road accident that

was not caused by the deceased on whose behalf the claim is being made and/or for

those road accidents where no person can be held liable;

either that person or on any other person involved in the accident; and

(d) any other person as the National Road Safety Authority may specify by

regulations.

(3) The maximum amount of compensation made available by the Fund in any case

shall be such as may be specified by the National Road Safety Authority.

(4) In all cases specified under sub-section (3), when the claim of such person becomes

payable, then the National Road Safety Authority Fund is entitled to recover from the insurer

the amount equivalent to such compensation received by such person.

Delegation of

Powers of the

National

Raod Safety

Authority.

Constitution

of National

Road Crash

Victim

Compensation

Fund.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

86. The Central Government shall, after due appropriation made by Parliament by law

in this behalf, provide requisite sum to the National Road Safety Authority for carrying out

the provisions of this Act.

87. (1) The National Road Safety Authority shall maintain proper accounts and other

relevant records and prepare an annual statement of accounts in such form as may be

prescribed by the Central Government in consultation with the Comptroller and Auditor

General of India.

(2) The Comptroller and Auditor General of India shall audit the accounts of the

National Road Safety Authority, and specify the intervals at which such audits may be

conducted, and any expenditure incurred in connection with such audit shall be payable by

the National Road Safety Authority to the Comptroller and Auditor General of India.

(3) The Comptroller and Auditor General of India may appoint any person in connection

with the audit under sub-section (2) and such person shall have the same rights and privileges

and authority in connection with the audit as the Comptroller and Auditor General of India

generally has in connection with the audit of Government accounts and, in particular, shall

have the right to demand the production of books of accounts and other documents and

papers and to inspect any of the offices of the National Road Safety Authority.

(4) The accounts of the National Road Safety Authority, as certified by the Comptroller

and Auditor General of India or any other person appointed in this behalf, together with the

audit report thereon, shall be forwarded annually to the Central Government and the Government

shall cause the same to be laid, as soon as it is received, before each House of Parliament.

88. The National Road Safety Authority shall prepare, in such form and at such time in

each financial year as may be prescribed, by rules made by the Central Government, the

budget for the next financial year, showing the estimated expenditure of the National Road

Safety Authority and forward the same to the Central Government.

89. (1) The National Road Safety Authority shall submit an annual report to the Central

Government and may at any time submit special reports on any matter which, in its opinion, if

of such urgency or importance that it shall not be deferred till submission of the annual report.

(2) The Central Government shall cause the annual and special reports of the Authority

to be laid before each house of Parliament, along with a memorandum of action taken or

proposed to be taken on the recommendations of the Authority, and the reasons for non-

acceptance of the recommendations, if any.

CHAPTER V

STATE ROAD SAFETY AUTHORITY

90. (1) Every State Government shall, within six months of commencement of this Act,

by notification establish an authority to be called as the State Road Safety Authority to

exercise the powers conferred on, and to perform the function assigned to under this Act.

(2) The State Authority shall be a body corporate with the name aforesaid having peretual

succession and a common seal with the power, subject to the provisions of this Act to acquire,

hold and dispose of property and to contract, and may, by the aforesaid name, sue or be sued.

(3) The State Government shall designate appropriate agencies to function under the

direction of the National Road Safety Authority or the State Road Safety Authority, as the

case may be.

91. (1) The State Road Safety Authority shall consist of:—

(a) a Chairperson, who shall have the rank of Secretary to the Government of

India or Chief Secretary to the State Government; and

(b) two members who shall have rank of Additional Secretary to the Government

of India or Principal Secretary to the State Government.

Central

Government

to provide

requisite sums.

Maintenance

of Accounts.

Budget.

Annual and

Special

Reports.

Constitution

of State Road

Safety

Authority.

Composition

of State Road

Safety

Authority.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) A member of the State Road Safety Authority, not being the Chairperson, shall be a

person of ability, integrity and standing and with special knowledge of, or professional

experience in either one or more subjects of economics, transport, urban planning, law, traffic

management and regulation, medical sciences and trauma care, crash investigation and

forensics, air pollution, road safety, insurance, motor vehicles, civil engineering, which, in

the opinion of the State Government, will be useful for the State Road Safety Authority to

render its functions and fulfill its objectives under this Act.

(3) All members of the State Road Safety Authority shall be whole-time members.

(4) The members of the State Road Safety Authority shall be appointed in such manner

so as to secure the highest standards of professional competence and a range of relevant

expertise in order to effectively discharge the duties and functions of the State Road Safety

Authority under the Act.

(5) The head office of the State Road Safety Authority shall be at such place as the

State Government may, by notification, specify.

92. (1) The Chairperson and the members of the State Road Safety Authority shall be

appointed by the State Government from a panel of persons recommended by a selection

committee established under sub-section (2).

(2) The slection committee shall consist of:—

(a) the Chief Secretary to the State Government, as the Chairperson;

(b) the Secretary in the Ministry of Road Transport and Highways of the State

Government, as a member;

in either one or more subjects of economics, transport, urban planning, law, traffic

management and regulation, medical sciences and trauma care, crash investigation

and forensics, air pollution, road safety, insurance, motor vehicles, automotive

engineering, civil engineering as members.

(3) The term of the selection committee and the manner of selection of the panel of

persons shall be such as may be prescribed.

(4) The State Government shall make a reference to the selection committee for filling

up a vacancy in the State Road Safety Authority:—

(a) within one month from the date of occurrence of a vacancy by reason of

death, resignation or removal of the Chairperson or a member of the State Road Safety

Authority; or

(b) three months before the superannuation or completion of the term of office of

the Chairperson or a member of the State Road Safety Authority.

(5) For every vacancy referred to the selection committee, the committee shall make

such recommendations within two months from the date on which reference is made to it:

Provided that member of the selection committee shall not be eligible to be considered

for appointment as the Chairperson or a member of the State Road Safety Authority for a

period of two years from the date on which he ceases to be a member of the selection

committee.

(6) Before making any recommendations under sub-section (5), the selection committee

shall satisfy itself that every person so recommended is capable of functioning independently

as a member of the State Road Safety Authority, where such independence means the ability

to maintain and exercise independent judgment in discharge of his duties.

(7) The State Government shall appoint the Chairperson and the members of the State

Road Safety Authority within a period of one month from the date of the recommendation of

the selection committee.

Appointment

Chairperson

and other

Members.

100

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

93. (1) Before appointing any person as the Chairperson or member, the State

Government shall satisfy itself that the person does not have any financial or other interest

as is likely to affect prejudicially to function as a member.

(2) The salary and allowances payable to and other terms and conditions of service of

the Chairperson and the members, shall be such as may be prescribed.

(3) The terms and conditions of service of the Chairperson and the members shall not

be varied to their disadvantage after appointment.

94. (1) The Chairperson or any member may, by notice in writing under his hand

addressed to the Chief Minister of the State, resign his office.

(2) The Chairperson or a member of the State Road Safety Authority, after giving

notice under this section, will continue to hold office until the State Government appoint a

person to the office vacated or after the expiry of three months from the date of notice,

whichever is earlier.

(3) The State Government may, by order, remove from office the Chairperson or any

other member of the State Road Safety authority if such person has,—

(a) been adjudged as an insolvent; or

(b) been convicted of an offence which, in the opinion of State Government,

involves moral turpitude; or

(d) acquired such financial or other interests as is likely to affect prejudicially his

functions; or

(e) so abused his position as to render his continuation in office prejudicial to

the public interest.

(4) No Member shall be removed under clauses (d) or (e) of sub-Section (1) unless

such person has been given a reasonable opportunity of being heard in the matter.

95. No member of the State Road Safety Authority shall, for a period of two years from

the date on which he ceases to hold office, directly or indirectly, for his own account or as an

agent, administrator, officer, director, retainer, member of the executive body or shareholder

or equity owner of any other person, conduct any activity within the jurisdiction of the

National Road Safety Authority or the State Road Safety Authority:

Provided that this section shall not apply when a member of the State Road Safety

Authority is appointed as a member of the National Road Safety Authority.

96. (1) The State Road Safety Authority shall have the power to determine the

number, nature and categories of officers and employees required by it to discharge its

functions.

(2) The salaries and allowances payable to and other term and conditions of service of

the officers and employees shall be such as may be specified by regulations by the State

Road Safety Authority.

97. The Chairperson and members of the State Road Safety Authority shall hold

office for a term of three years from the date on which they enter upon their office or until

they attain the age of sixty-five years, whichever is earlier and shall be eligible for

re-appointment.

98. (1) In the event of the occurrence of any vacancy in the office of the Chairperson

by reason of his death, resignation or otherwise, the State Government may, by notification,

authorize one of the members to act as the Chairperson until the appointment of a new

Chairperson to fill such vacancy.

Conditions of

Service of

Chairperson

and Members.

Resignation

and Removal

Chairperson

and members.

Restrictions

employment.

Officers and

employees of

the State Road

Safety

Authority.

Term of office

Chairperson

and Members.

Member to act

as Chairperson

or to discharge

his functions

in certain

circumstances.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

101

(2) When the Chairperson is unable to discharge his functions owing to absence on

leave or otherwise, one of the members as the State Government may, by notification, authorize

in this behalf, shall discharge the functions of the Chairperson until the date on which the

Chairperson resumes his duties.

99. No act or proceedings of the State Road Transport Authority shall be questioned

or shall be invalidated merely on the ground of existence of any vacancy or defect in the

constitution of the Authority.

100. (1) The State Road Safety Authority shall perform functions in accordance with

this Act and in accordance with any directions that may be issued by the National Road

Safety Authority in this regard.

(2) Without prejudice to the generality of the forgoing provision, the State Road

Safety Authority shall:—

(a) coordinate and direct the activities of the implementation agencies notified

by the State Government for implementation of this Act consistent with any regulations,

guidelines, recommendations or directions made by the National Road Safety Authority;

and

(b) collect and store data in accordance with rules and regulations specified by

the National Road Safety Authority in this regard.

(3) For the purpose of exercising and discharging the powers and functions specified,

State Road Safety Authority may, subject to such conditions as may be specified by the

National Road Safety Authority, issue recommendations to any implementation agencies

notified by the State Government and such implementation agency shall, in the discharge of

its functions under this Act, give effect to and be bound by such recommendations or

directions.

101. (1) The National Road Safety Authority shall exercise the powers and perform the

functions of a State Road Safety Authority in relation to:—

(a) a Union territory; and

(b) a State having no State Road Safety Authority.

(2) For the purpose of sub-section (1), the National Road Safety Authority may delegate

all or any of its powers or functions that have been conferred upon it by this Act to any

person or group of persons as the regulations may specify:

Provided that the National Road Safety Authority shall not delegate its power to make

regulations under this Act.

102. The National Road Safety Authority shall, for the purpose of exercising and

discharge of its functions specified under section 17, subject to such conditions as may be

prescribed, issue directions to any State Road Safety Authority, and State Road Safety

Authority shall, in the discharge of its functions under this Act, give effect to such directions.

103. (1) With effect from such date as each State Government shall, by notification in

the Official Gazette, appoint in this behalf, there shall be constituted for the purposes of this

Act, a Fund to be called as State Road Safety Fund.

(2) A State Government may also credit to the State Road Safety Fund:—

(a) any grants and loans made to the State Road Safety Authority by the State

Government;

(b) a proportion of the insurance premium or a road safety cess on such insurance

premium as prescribed by the State Government; and

Vacancies,

etc. not to

Invalidate the

Proceedings

of the

Authority.

Functions of

State Road

Safety

Authority.

National

Road Safety

Authority to

perfrom

functions in

certain cases.

Power of

National

Road Safety

Authority to

issue

directions.

Constitution

of State Road

Safety Fund.

102

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(c) all sums received by the State Road Safety Authority from such other sources

as may be prescribed.

(3) The Fund shall be utilized for making payment towards the preparation and

implementation of the State Road Safety Improvement Plan.

104. (1) The State Road Safety Authority shall maintain proper accounts and other

relevant records and prepare an annual statement of accounts in such form as may be

prescribed by the State Government in consultation with the Comptroller and Auditor-General

of India.

(2) The Comptroller and Auditor-General of India shall audit the accounts of the State

Road Safety Authority, and specify the intervals at which such audits shall be conducted,

and any expenditure incurred in connection with such audit shall be payable by the State

Road Safety Authority to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India may appoint any person in connection

with the audit under sub-section (2) and such person shall have the same rights and privileges

and authority in connection with the audit as the Comptroller and Auditor-General of India

generally has in connection with the audit of Government accounts and, in particular, shall

have the right to demand the production of books of accounts and other documents and

papers and to inspect any of the offices of the State Road Safety Authority.

(4) The accounts of the State Road Safety Authority, as certified by the Comptroller

and Auditor-General of India or any other person appointed in this behalf, together with the

audit report thereon, shall be forwarded annually to the respective State Government and

that Government shall cause the same to be laid, as soon as it is received, before each House

of Legislature of that State.

105. The State Road Safety Authority shall prepare, in such form and at such time in

each financial year as may be prescribed, by rules made by the State Government, the budget

for the next financial year, showing the estimated expenditure of the State Road Safety

Authority and forward the same to the State Government.

106. (1) The State Road Safety Authority shall submit an annual report to the State

Government and may at any time submit special reports on any matter which, in its opinion,

is of such urgency or importance that it should not be deferred till submission of the annual

report.

(2) The State Government shall cause the annual and special reports of the Authority

to be laid before each House of Legislature of that State, along with a memorandum of action

taken or proposed to be taken on the recommendations of the Authority, and the reasons for

non-acceptance of the recommendations, if any.

CHAPTER VI

MISCELLANEOUS

107. Save as otherwise provided, the provisions of this Act shall have effect,

notwithstanding anything inconsistent therewith contained in any other law for the time

being in force or in any instrument having effect by virtue of any law other than this Act.

108. The provisions of this Act shall be in addition to the provisions of the Motor

Vehicles Act, 1988.

109. (1) The Central Government may, by notification in the Official Gazette, make rules

for the purpose of carrying out the purposes of this Act.

(2) Every rule made by the Central Government and every regulation made by the

Board, under this Act, shall be laid, as soon as may be after it is made, before each House or

Parliament while it is in session, for a total period of thirty days which may be comprised in

one session or in two or more successive sessions, and if, before the expiry of the session

Maintenance

of Accounts.

Budget.

Annual and

Special

Reports.

Act to have

overriding

effect.

Application

of certain

laws.

Power of

Central

Government

to make rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

103

immediately following the session or the successive sessions aforesaid, both Houses agree

in making any modification in the rule or regulation or both Houses agree that the rule or

regulation should not be made, the rule or regulation shall thereafter have effect only in such

modified form or be of no effect as the case may be; so, however, that any such modification

or annulment shall be without prejudice to the validity of anything previously done under

that rule or regulation.

110. (1) If any difficulty arises in giving effect to any of the provisions of this Act, the

Central Government may, by order published in the Official Gazette, make such provisions

not inconsistent with the provisions of this Act, as it may deem necessary for removing the

difficulty:

Provided that no order shall be made under this section after the expiry of two years

from the date of commencement of this Act.

SCHEDULE I

SCHEME OF PENALTY POINTS FOR DRIVERS

1. Penalty Point System

Section

Offences

Penalty

Points

12, 13

Offences relating to protective headgear

12, 13, 15,

16, 17

Offences relating to conspicuity

Failing to restrict the number of people on

motor cycles

Offences relating to seat belts

Offences relating to the sitting of Children

Offence of driving at excessive speed

1. for Ist offence and if

exceeding the speed limit by

more than 5 kmph but less

than 9 kmph

2. for Ist offence and if

exceeding the speed limit by

more than 9 kmph

3. for each subsequent offence

Driving which causes threat

3 for Ist offence

to 3 for Ist offence Public

Safety

4 for each subsequent offence

Driving under the influence of

alcohol or drugs

Penalty for causing obstruction

to free flow of 1 traffic

Violation of Traffic Signals and

Traffic Signs

Using vehicles in unsafe condition

Offences relating to certain communication

devices

Power to

remove

difficulties.

104

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

General provision regarding penalties

Punishment for offences relating to crash

Disobedience of orders, obstruction and

refusal of information

2. Award of penalty points

(1) The enforcing authority or any person authorized in this behalf shall award penalty

points corresponding to the specific offence to any person who commits an offence as

provided under Schedule II. The penalty points shall be endorsed and their record shall be

maintained in a manner as may be specified by the national authority.

(2) For the offences involving judicial proceedings and imprisonment, the court shall

award penalty points in addition to the fine or imprisonment that may be imposed.

3. Duration of validity of penalty points

Penalty points awarded for an offence shall remain on record for a period of 3 years

from the date of award.

4. Suspension and Cancellation of License

(1) At any point of time, if the cumulative total of the penalty points accrued by a driver

crosses the limit of twelve (12) points, the driving license shall be suspended for the period

of one year. On suspension of the driving license, the accrued penalty points shall cease to

subsist.

(2) If a driver whose license has been suspended again accumulates twelve (12)

points, that person's driving license shall be cancelled for a period of five years.

(3) If a person holding a learner's license accrues four (4) points, then that person's

learner's license shall be cancelled. The person whose learner's license has been cancelled

shall produce a certificate of driving as specified from recognized school or establishment

when that person applies for fresh learner's license.

Section

Offences

Penalty

Points

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

105

SCHEDULE II

SCHEME FOR LEVYING PENALTIES INCLUDING FINES, IMPRISONMENT AND IMPOUNDING OF VEHICLES

Section Offence

Type of

Repeat

Penalties to be Imposed

Vehicle or

Offence

Offender

Fine

Community

Imprison-

Vehicle

Suspension/

Refresher

Remarks

(INR)

Service

ment

Impoun-

Cancellation of

Training

ding

licence or Permit

10 (1)

Offences relating to driving

10,000

—

1 month

—

Cancellation of

—

Either penalty

licence—Person holding a

all existing

or both may be

license attempts to hold

licenses

imposed.

other licence

10,000

1 month

Cancellation of

all existing

licenses

10 (3)

Offences relating to driving

10,000

—

1 month

Cancellation of

—

Either penalty

licenses—Person holding

all existing

or both may be

driving license holds any

licenses

imposed.

other driving licence

10,000

1 month

Cancellation of

all existing

licenses

10 (4)

Offences relating to driving

10,000

—

3 months

Either penalty

licenses—Disqualified for

or both may be

holding or obtaining driving

10,000

—

3 months

imposed.

licenses

10 (5)

Offences relating to driving

10,000

3 months

licenses—Not disclosing

10,000

—

3 months

endorsement made

12. 13

Offences relating to protective

headgear

5,000

Per person

Non-

1,500

motorised

transport

106

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Offences relating to

Motor

2,500

Find to be

conspicuity

Cycles

paid by owner.

Three

2,500

wheelers

Light motor

5,000

Vehicles

Stationary

10,000

Transport

Vehicles

Offences relating to

5,000

per person.

seat belts

Offences relating to

5,000

per child.

seating of children

Prohibition of parking

2,500

or abandoning of

5,000

motor vehicles at

certain places

Prohibition of driving

5,000

in certain places

10,000

2 weeks

1 month licence

suspension

2,500

Speeding by more

than 5 kmph but

less than 9 kmph.

Motor

5,000

Speeding by more

Cycles

than 9 kmph but

less than 19 kmph.

10,000

1 months

1 month licence

Yes

Speeding by more

suspension

than 19 kmph.

29 (1)

Offence of driving

10,000

3 months

3 month licence

Yes

at excessive speed

suspension

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

107

3,500

Speeding by more

than 5 kmph but

less than 9 kmph.

Light

7,000

Speeding by more

motor

than 9 kmph but

Vehicles

less than 19 kmph.

15,000

1 month

1 month licence

Yes

Speeding by more

suspension

than 19 kmph.

25,000

3 months

3 month licence

Yes

Speeding by more

10,000

suspension

than 5 kmph but

less than 9 kmph.

15,000

2 months

2 month licence

Yes

Speeding by more

suspension

than 9 kmph but

less than 19 kmph.

Medium

25,000

3 months

Cancellation of

Yes

Speeding by more

and Heavy

licence for one

than 19 kmph.

Vehicles

year; Suspension

of permit for 6

months

50,000

6 months

Cancellation of

licence for one

year; Suspension

of permit for 6

months

29 (2)

Offence of driving at excessive

Punishment in the same manner as provided for section above but the term for the impounding of the car

speed—Providing instructions

shall be twice as long.

to drive at excessive speed

Failure to yield right of way

5,000

Yes

to emergency vehicles

10,000

Non-

500

15 hours

motorised

transport

1,000

30 hours

One week

108

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[PART II—

Driving which causes threat

Two-

2,500

Three

One week

Impounding to

to public safety—Driving

wheelers

days

be imposed in

against the authorised

and three-

addition to fine or

flow of traffic

wheelers

imprisonment or

both.

5,000

One week

Two weeks

Yes

Light motor

5,000

One week

Two weeks

Impounding to

vehicle

be imposed in

addition to fine or

imprisonment or

both.

10,000

Two weeks

One month

Yes

Medium

10,000

Two weeks

One month

Yes

Impounding and

and heavy

training to

motor

be imposed in

vehicles

addition to fine or

imprisonment or

both.

20,000

One month

Two months

Yes

Driving which causes threat

All

2,500

15 hours

Thre

Either penalty or

to public safety—Dangerous

days

both may be

passing or overtaking

imposed.

5,000

30 hours

One week

Yes

Driving which causes threat

All

15,000

Fifteen

Either penalty or

to public safety—Dangerous

days

both may be

driving with children on

imposed.

board

30,000

One month

Six months

Yes

licence

suspension

Driving which causes threat

All

2,500

Yes

to publicity safety—Dangerous

5,000

lane changing

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

109

35 (2)

Prohibition on Driving

Type 11

30,000

Twelve

Eighteen months

Licence

under the influence of

driver

months which

from the date of

Suspension in

alcohol or drugs

may extend

conviction, or

adition to fine or

to eighteen

date of

imprisonment

months

sentencing or

or both.

date of release.

Type 112

30,000

100 hours

Impound

Six months

driver

for one

licence

week

suspension from

the date of

conviction, or

date of sentencing

or date of release.

Type 1112

10,000

Not more

Six months

Licence

driver

than six

licence

suspension in

months

suspension from

addition to fine

the date of

or imprisonment

conviction, or

or both.

date of sentencing

or date of release.

All

Yes

Not more

Permanent

drivers

than two

Cancellation of

years

driving licence.

35 (4)

Driving under the

All

15,000

Not more

Six months

influence of alcohol

than three

licence

or drugs—Drugs

months

suspension

30,000

Six months

Thirty

Twelve months

(within

to one year

days

licence

three

suspension

years)

110

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[PART II—

Penalty for causing obstruction Motor

1,000

to free flow of traffic, etc.

Vehicles

per hour

Pedestrians

200

Overloading

Two-

10,000

wheelers

Light motor

25,000

Suspension for

vehicles

one month of

Medium

35,000

permit granted

motor vehicles

under above

Heavy motor

50,000

sections

vehicles

All vehicles

Yes

50,000

Cancellation of

permit granted

under above

sections

41(2)

Overloading

50,000

Fine to be paid

by the owner

of a vehicle or

the consignor

42 (2)

Powers regarding vehicles

suspected of overloading—

35,000

Refusal to submit vehicle for

weighing after being directed to

do so by a person authorised in

this behalf.

Violation of traffic signs

Non-

1,000

motorised

transport

5,000

10,000

All motor

III and

One month

Yes

vehicles

beyond

15,000

licence

suspension

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

111

44 (6)

Violation of traffic sign—Stop

Non-

500

signal or stop sign

motorised

transport

All motor

vehicles

1,000

Two weeks

Railroad crossing offences

5,000

Not more

Either or both

than two

penalties may

weeks

be imposed.

47(1)

Using vehicle in unsafe

Two and/or

5,000

1 month

If bodily injury

condition

Three

or damage to

wheelers

property is

caused the fine

is to be

increased to

Rs. 25,000

Light Motor

7,500

1 month

Vehicles

Medium and

Heavy Motor

10,000

2 months

Vehicles

47(2)

Using vehicle in unsafe

Two and/or

5,000

1 month

condition—

Three wheelers II

15,000

2 months

Violation of standards

Light Motor I

7,500

1 month

specified in relation to

Vehicles

15,000

2 months

road safety, control

Medium and I

10,000

2 months

of noise and air pollution

Heavy Motor II

15,000

4 months

Vehicles

47(3)

Using vehicle in unsafe

50,000

6 months

Either penalty

condition—Driving of

or both may be

motor vehicle in

imposed

violation of provisions and

1 lakh

6 months

rules relating to the carriage

which may

of dangerous and hazardous

extend to one

goods

year

Failure to comply with standard

10 lakh

Fine per

for road design, construction

person killed

and maintenance

or disabled

112

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[PART II—

Offences relating to certain

4,000

communication devices

6,000

III and

beyond

10,000

One month

2,500

licence

Yes

suspension

General Provision

5,000

Driving uninsured vehicle

Two-

5,000

wheelers

Three-

10,000

wheelers and

Light motor

vehicles

Medium and

28,000

Heavy motor

vehicles

53(1)

Punishment for offences

10,000

Two weeks

Yes

relating to a crash

licence

suspension

53(2)

Causing death in certain

1 lakh

Not less than

Death of a

circumstances

five years

Child.

3 lakhs

Not less than

seven years

Punishment in the same manner as that of the underlying offence

Punishment

Punishment for abetment

under above

of certain offences

sections to

apply only

to owner

and

consignor.

58 (1)

Disobedience of order

2,500

58 (2)

Withholding of information or

5,000

One month

Either or

giving false

both of the

infromation

penalties to

be imposed.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

113

58 (3)

Causing injury or death of a

1 Lakh

Four years

For causing

person enforcing the Act

death

1 Lakh

Two years

For causing

injury

1 Type 1 driver is a driver driving any of the following vehicles:—

(a) Vehicles with children on board.

(b) Educational institution bus.

(d) Vehicles carrying dangerous or hazardous goods.

(e) Chartered service vehicle.

(f) Restricted chartered service vehicle.

(g) Metered service vehicle.

(h) Restricted metered service vehicle.

(i)

Scheduled service vehicle.

(j)

Restricted Scheduled Service vehicle.

(k) Taxi

The allowable blood alcohol concentration for such drivers is less than 20.0 mg. of alcohol per 100 ml of blood.

2 A driver who is not Type I driver and is—

(a) Between the age of 18 to 30 years, or

(b) Learner's license holder or recently disqualified drivers.

The allowable blood alcohol concentration for such drivers is less than 20.0 mg. of alcohol per 100 ml of blood.

114

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

In 2013 itself, 1.4 lakh people were killed and 4.7 lakh injured in road crashes in India.

This trend is on the rise and this requires immediate legislative attention. The erstwhile

Planning Commission had stated in its report that India loses 3% of GDP every year due to

road crashes. However, the existing Motor Vehicles Act, 1988 does not address the issue of

road safety in its entirety.

In S. Rajaseekaran Vs Union of India, 2014, the Hon'ble Supreme Court of India has also

observed that Indian roads have proved to be giant killers demanding immediate attention

and remedial action.

The draft legislation forwarded by the Government of India with regard to Road Safety

diluted in comparison to the urgency of measures required. Thus, the National Road Transport

Safety and Miscellaneous Provisions Bill, 2015 has tried to incorporate provisions for the

establishment of both National and State Road Safety Authorities for promoting road safety

measures and practices and for the monitoring and regulation of safety standards for all

classes of road users. It also includes provisions for road safety and traffic management and

a more stringent and efficient penalty system for people violating traffic rules.

The loss of innocent lives of the roads is easily avoidable and the proposed legislation

seeks to initiate the process for safer and better road transport in the country.

Hence, this Bill.

NEW DELHI;

RABINDRA KUMAR JENA

July 08, 2015.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

115

FINANCIAL MEMORANDUM

Clause 67 of the Bill provides for the constitution of the National Road Safety Authority.

Clause 69 provides for remuneration and facilities to the Chairperson and members of the

National Road Safety Authority. Clause 85 provides for the constitution of National Road

Crash Victim Compensation Fund. Clause 86 provides for Central Government to provide

requisite sums to the National Road Safety Authority. Clause 90 provides for the constitution

of the State Road Safety Authority. Clause 103 provides for constitution of State Road Safety

Fund. The expenditure relating to constitution of State Road Safety Authority and State

Road Safety Fund shall be borne by the respective State Governments.

The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of

India. At this stage, it is not possible to quantify the funds that may involve but it is

estimated that a sum of rupees five hundred crores may be involved as recurring expenditure

per annum.

Non-recurring expenditure to the tune of rupees one hundred crore may also be involved

for creating assets and infrastructure.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 66 of the Bill empowers the National Road Safety Authority to amend the

Schedules to the Act. Clause 77 empowers the National Road Safety Authority to make

regulations for ensuring road safety. Clause 109 empowers the Central Government to make

rules for carrying out the provisions of this Act. As the rules will relate to matters of detail

only, the delegation of legislative power is of normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

117

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

(a) "appropriate Government" means in the case of a State, the Government of

that State and in all other cases, the Central Government;

(b) "cancer patient" means a citizen of India who has been clinically diagnosed

with any type of cancer or is under treatment of cancer; and

3. The appropriate Government shall provide free medical treatment to every cancer

patient in Government hospitals, in such manner as may be prescribed.

Explanation.—For the purposes of this section, 'free medical treatment' includes supply

of medicines, laboratory test, medical therapy and para medical products free of cost to a

cancer patient.

4. The Central Government shall, after due appropriation made by Parliament by law in

this behalf, provide adequate funds, from time to time, to the State Governments for the

effective implementation of the provisions of this Act.

5. The provisions of this Act and rules made thereunder shall have effect

notwithstanding anything inconsistent therewith contained in any other law for the time

being in force.

6. (1) The Central Government may, by notification in the Official Gazette, make rules

for carrying out the purposes of the Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made

before each House of Parliament, while it is in session, for a total period of thirty days which

may be comprised in one session or in two more successive sessions, and if, before the

expiry of the session immediately following the sessions, and if before the expiry of the

session immediately following the session or the successive sessions aforesaid, both Houses

agree in making any modification in the rule or both the Houses agree that the rules should

not be made, the rule shall thereafter have effect only in such modified form or be of no effect,

as the case may be; so, however, that any such modification or annulment shall be without

prejudice to the validity of anything previously done under that rule.

Definitions.

Appropriate

Government to

provide free

medical

treatment to

cancer

patients.

Central

Government to

provide

adequate fund.

Act to have

overriding

effect.

Power to make

rules.

118

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Cancer is one of the chronic disease of the modern era. More people are dying of

cancer than ever before. The disease in most of the cases is diagnosed in advance stage and

leads to death of patient. However, in many cases, due to early detection of the ailment and

medical advancement, the cancer patients have been cured and are leading normal lives. The

battle against the cancer is very much taxing emotionally, physically and financially. Therefore,

the need of the hour is that the State should play a more proactive role in the medical

treatment of cancer patients especially by extending them a helping hand financially to

confront the grave and traumatic disease.

Hence this Bill.

NEW DELHI;

P. KARUNAKARAN

July 13, 2015.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

119

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for free medical treatment to cancer patients. Clause 4

provides that Central Government shall provide adequate funds to the State Governments

for purposes of the Bill. The Bill, therefore, if enacted, will involve expenditure from the

Consolidated Fund of India. It is estimated that a sum of rupees one thousand crore would be

involved as recurring expenditure per annum.

No non-recurring expenditure is likely to be incurred.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 6 of the Bill empowers the Central Government to make rules for carrying out

the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of

legislative power is of a normal character.

120

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 232 OF 2015

A Bill to provide for special financial assistance to the National Capital Territory

of Delhi for the purpose of implementation of development works relating to housing,

water, sanitation, roads, schools, skill development and welfare schemes for women,

children and poor people living in the urban villages and for matters connected

therewith.

BE it enacted by the Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Special Financial Assistance to the National Capital

Territory of Dehi Act, 2015.

(2) It shall come into force on such a date, as the Central Government may, by

notification in the Official Gazette, appoint.

Short title and

commencement.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

121

2. There shall be paid such sums of money out of the Consolidated Fund of India,

every year, as Parliament may by due appropriation by law provide, as special financial

assistance to the National Capital Territory of Delhi to meet the costs of such development

works and welfare schemes, as may be undertaken by the Government of the National Capital

Territory of Delhi with the approval of Union Government, for the purpose of—

(i) improving the health and educational standards of the children especially girl

child;

(ii) providing employment to members of families living below poverty line;

(iii) initiating welfare schemes aimed at improving the condition of labourers

and migrants;

(iv) undertaking measures for lowering infant mortality rate, improving maternal

health and promoting institutional delivery;

(v) providing water and sanitation facilities in urban villages;

(vi) providing skill development training to unemployed youths;

(vii) creating good quality infrastructure of roads, street lights, schools, colleges

and transport;

(viii) establishing community centres;

(ix) establishing information centres and libraries;

(x) preparing and creating awareness amongst people about disaster preparedness

plan and training them to deal with disasters;

(xi) imparting sex education; and

(xii) implementing Swachch Bharat Abhiyan in urban villages.

3. The provisions of this Act shall be in addition to and not in derogation of any other

law for the time being in force.

Special

Financial

assistance to

National

Capital

Territory of

Delhi.

Act not to be

in derogation

of other laws.

122

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The urban villages of Delhi need financial assistance from the Central Government for

successful completion of various development works and welfare schemes of the Central

Government as well as the Delhi Government. Urban villages in Delhi are not much developed

in comparison to the other areas in terms of infrastructure facilities like that of water, sanitation

and other development indicators such as employment, per capita income, girl child education,

etc. Due to unplanned expansion and construction in the existing abadi area of villages,

these villages are susceptible to disasters. Many villages located alongside the stagnant

waters of Yamuna leave the entire region susceptible to diseases such as malaria or dengue.

Most of the construction in these village areas is unauthorized.

Special focus is also required for the overall well being of the girl child, reduction of

infant and maternal mortality rate and welfare of labourers and migrants in urban villages of

National Capital Territory of Delhi.

It is, therefore, necessary that the Central Government should provide special financial

assistance to the National Capital Territory of Delhi.

Hence this Bill.

NEW DELHI;

MAHEISH GIRRI

July 22, 2015.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

123

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides that there shall be paid such sums of moneys out of the

Consolidated Fund of India, every year, as Parliament may by due appropriation by law

provide, as special financial assistance to the National Capital Territory of Delhi to meet the

costs of such schemes of development, as may be undertaken by the Government of NCT of

Delhi with the approval of the Union Government.

The Bill, therefore, if enacted, will involve expenditure out of the Consolidated Fund of

India. As the sums of moneys which will be given to the National Capital Territory of Delhi as

special financial assistance by appropriation by law made by Parliament will be known only

after the welfare schemes to be implemented by the Government of National Capital Territory

of Delhi with the approval of the Central Government are identified, it is not possible at

present to give the estimates of recurring expenditure which would be involved out of the

Consolidated Fund of India.

No non-recurring expenditure is likely to be incurred from the Consolidated Fund of

India.

124

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[PART II—

Short title,

extent and

commencement.

BILL NO. 235 OF 2015

A Bill to provide for welfare measures for the poor and destitute and such other

agricultural workers living in villages and constitution of a Welfare Fund for

payment of compensation in cases of death or permanent disability,

old-age pension, medical assistance, maternity and creche facilities for the

women workers and for regulating the conditions of work and for matters

connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Poor and Destitute Agricultural Workers (Welfare)

Act, 2015.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

125

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

(a) "agricultural land" means any cultivable land used for cultivation of any

agricultural produce, dairy farming, growing and harvesting of any horticultural

product, raising and rearing of livestock, beekeeping, poultry, growing fodder and

such other activities as may be connected with agriculture;

(b) "agricultural worker" means any person who works as a labourer on hire or

in exchange whether in cash or in kind or partly in cash and partly in kind in farming

activities including cultivation and tillage of soil, dairy farming, activities related to

harvesting of horticultural commodities and includes any activity related to production

of agricultural produce and rearing of livestock, poultry or any such work;

that State and in all other cases, the Central Government;

(d) "Authority" means the Poor and Destitute Agricultural Workers Welfare

Authority established under section 3;

(e) "employer" means any person who employs agricultural workers in any

manner;

(f) "Fund" means the Poor and Destitute Agricultural Workers Welfare Fund

constituted under section 5;

(g) "poor and destitute" means any person not living in a pucca house and

includes those who live in huts with thatched roof or kutcha house and whose annual

income from all sources does not exceed rupees ten thousand; and

(h) "prescribed" means prescribed by rules made under this Act.

3. (1) The Central Government shall, as soon as may be, by notification in the

Official Gazette, establish a Poor and Destitute Agricultural Workers Welfare Authority

for the purposes of this Act.

(2) The Authority shall be a body corporate by the name aforesaid having

perpetual succession and common seal with power to acquire, hold and dispose off

property, both movable and immovable, and to contract and shall by the said name,

sue and be sued.

(3) The headquarters of the Authority shall be at Maharajganj in the State of

Bihar and the Authority may establish offices at such other places in the country as

it may deem necessary for carrying out the purposes of this Act.

(4) The Authority shall consist of the following members, namely:—

(a) the Union Minister of Labour and Employment, who shall be the Chairperson

ex-officio;

(b) a Deputy Chairperson to be appointed by the Central Government having

the background or specialization in labour related issues and such other qualifications

as may be prescribed;

People and two from the Council of States to be nominated by the presiding officer of

the House concerned;

(d) four members to be appointed by the Central Government to represent the

Union Ministries of Agriculture, Finance, Labour and Employment and Rural

Development respectively;

(e) three members to be appointed by the Central Government from amongst

the poor and destitute agricultural workers in such manner as may be prescribed;

and

Definitions.

Establishment

of a Poor

and Destitute

Agricultural

Workers and

Artisans Welfare

Authority.

126

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[PART II—

(f) not more than four members to be appointed by the Central Government in

consultation with the State Governments, representing State Governments in the

alphabetical order and it shall be ensured that all the States get represented in the

Authority by rotation.

(5) The salaries and allowances payable to, and other terms and conditions of

service of the Deputy Chairperson and other Members of the Authority shall be such

as may be prescribed.

(6) The Authority shall have a Secretariat with such number of officers and

staff with such terms and conditions of service as may be prescribed from time to

time.

(7) The Commission shall observe such procedure in the transaction of its

business, as may be prescribed.

(8) The quorum to constitute any sitting of the Commission shall be such as

may be prescribed.

4. (1) The Authority shall perform such functions relating to welfare measures

for the poor and destitute agricultural workers as may be assigned to it by the Central

Government.

(2) Without prejudice to the generality of the provisions of sub-section (1), the

welfare measures referred to therein may also provide for,—

(i) maintaining a district-wise register of poor and destitute agricultural workers

in such manner and with such particulars and details as may be prescribed;

(ii) maintaining agricultural land records from village level to district level;

(iii) maintaining district-wise register of employers employing poor and

destitute agricultural workers with such particulars and in such manner as may be

prescribed;

(iv) regulating the conditions of work and fix minimum wages for the poor and

destitute agricultural workers;

(v) payment of old-age pension to the poor and destitute agricultural workers

and provision of provident fund facilities for them;

(vi) payment of compensation at prescribed rates to the families of poor and

destitute agricultural workers who die prematurely due to accident or illness or due to

any other unnatural reason;

(vii) providing free of cost health care to the poor and destitute agricultural

workers in such manner as may be prescribed;

(viii) providing maternity and creche facilities for the female workers covered

under this Act;

(ix) providing insurance facility to all the workers covered under this Act; and

(x) such other provisions as may be deemed necessary for carrying out the

purposes of this Act.

5. (1) The Central Government shall, by notification in the Official Gazette,

constitute a fund for the purposes of this Act to be called the Poor and Destitute

Agricultural Workers Welfare Fund with an initial corpus of rupees ten thousand

crore to be provided by the Central Government by due appropriation made by law by

Parliament in this behalf.

(2) The Central Government, State Governments and employers of the poor and

destitute agricultural workers shall contribute to the Fund in such ratio as may be

prescribed.

Functions of the

Authority.

Establishment

of a Poor and

Destitute

Agricultural

Workers Welfare

Fund.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

127

(3) Such other sums as may be received by way of donations, contribution or

assistance from individuals, organizations or otherwise shall also be credited to the

Fund.

.(4) The Fund shall be used for the welfare of the poor and destitute agricultural

workers by the Authority in such manner as may be prescribed.

6. Notwithstanding anything contained in any other law for the time being in

force, it shall be the duty of the appropriate Government to ensure effective

implementation of the provisions of this Act.

7. If any difficulty arises in giving effect to the provisions of this Act, the

Central Government may make such order or give such direction, not inconsistent

with the provisions of this Act, as appears to it to be necessary or expedient for the

removal of such difficulty:

Provided that no such order or direction shall be made or given after the expiry

of two years from the commencement of this Act.

8. The provisions of this Act shall be in addition to and not in derogation of any

other law for the time being in force regulating any of the matters dealt within this

Act.

9. (1) The Central Government may, by notification in the Official Gazette, make

rules for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is

made, before each House of Parliament, while it is in session, for a total period of

thirty days which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediately following the session or

the successive sessions aforesaid, both Houses agree in making any modification in

the rule or both the Houses agree that the rule should not be made, the rule shall

thereafter have effect only in such modified form or be of no effect, as the case may

be, so, however, that any such modification or annulment shall be without prejudice

to the validity of anything previously done under that rule.

Appropriate

Government

to ensure

implementation

of the Act.

Power to remove

difficulties.

Act

not

derogation of any

other law.

Powers to make

rules.

128

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[PART II—

STATEMENT OF OBJECTS AND REASONS

Majority of our population lives in the villages and most of them depend on

agriculture in one way or the other. Millions of poor and destitute agricultural workers

form part of the rural population. The agricultural workers work on the fields or farms

of the farmers to earn their livelihood. They are poverty-stricken, homeless as they

live in huts with thatched roof with no security from rains and cold and are landless

and remain exploited throughout their lives. As they are unorganized they work round

the year and are denied even the basic facilities of minimum wages, maternity benefit

etc. by their employers. Even two square meals and a pair of clothes is a luxury for

them.

Ours is a welfare State. Hence it is the duty of the Central and State Governments

to protect the poor and destitute agricultural workers, who make immense contribution

to our GDP, by introducing welfare measures and legal protection for them as they too

are part and parcel of our society and the nation.

Hence this Bill.

NEW DELHI;

JANARDAN SINGH ‘SIGRIWAL’

July 29, 2015.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

129

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the establishment of a Poor and Destitute

Agricultural Workers Welfare Authority. Clause 4 provides for maintaining a district-

wise register of poor and destitute agricultural workers and for provision of certain

facilities to these workers. Clause 5 provides for the constitution of the Poor and

Destitute Agricultural Workers Welfare Fund with an initial corpus of rupees ten

thousand crore to be provided by the Central Government. Thereafter funds are to be

provided annually. The Bill, therefore, if enacted, is likely to involve expenditure from

the Consolidated Fund of India. It is estimated that a sum of rupees five thousand

crore would be involved as recurring expenditure per annum. A no-recurring

expenditure of about rupees one thousand crore is also likely to be involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 9 of the Bill empowers the Central Government to make rules for carrying

out the purposes of the Bill. As the rules will relate to matters of detail only, the

delegation of legislative power is of a normal character.

130

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 236 OF 2015

A Bill to provide for the measures to be undertaken by the State for the protection and

maintenance of neglected, abandoned and destitute widows by establishing a Welfare

Board for such widows and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

1. (1) This Act may be called the Widows (Protection and Maintenance) Act, 2015.

(2) It extends to the whole of India.

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

(a) "abandoned widow" means a widow who has been deserted or thrown out of

the household by her relatives to fend for herself and who has no means to support her

and her dependent children, if any;

(b) "appropriate Government" means in the case of a State the Government of

that State and in all other cases the Central Government;

Short title and

extent.

Definitions.

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131

(d) "destitute widow" means a widow stricken with infirmity due to old age,

physical disability, chronic ailment, mental imbalance or who has no source of income

to support herself and her dependent children, if any;

(e) "prescribed" means prescribed by rules made under this Act; and

(f) "widow" means a legally married woman whose husband has expired.

3. (1) The Central Government shall, by notification in the Official Gazette, establish a

Board to be called the National Widows Welfare Board for the purposes of this Act.

(2) The Board shall be a body corporate by the name aforesaid having perpetual

succession and a common seal with power to acquire, hold and dispose of property, both

movable and immovable, and to contract and shall by the said name sue and be sued.

(3) The Head Office of the Board shall be situated at such place as may be decided by

the Central Government and the Board may establish its branches in the States and Union

territories in such manner as may be prescribed.

(4) The Board shall consist of,—

(a) a Chairperson, ex-officio, who shall be Minister in charge of the Union Ministry

of Social Justice and Empowerment;

(b) a Vice-Chairperson preferably a widow to be appointed by the Central

Government;

from the Rajya Sabha to be nominated by the presiding officers of respective Houses;

(d) two officers not below the rank of Joint Secretary in the Union Ministry

dealing with the administration of this Act to be appointed by the Central Government;

(e) not more than four members to be appointed by the Central Government in

consultation with the Governments of States, by rotation in alphabetical order, to

represent the Governments of the States; and

(f) three members to be appointed by the Central Government from amongst the

Non Government Organizations working for the welfare of widows.

(5) The Board shall follow such procedure in discharge of its agenda and hold meetings

in such manner as may be prescribed.

(6) The salary, allowances and other conditions of service of the Vice-Chairperson and

other members of the Board shall be such as may be prescribed.

(7) The Board shall have a Secretariat with such number of officers and employees

with such terms and conditions of service, as may be necessary for the efficient

functioning of the Board as may be prescribed.

4. (1) The Central Government shall constitute a Fund to be known as the Widows

Welfare Fund.

(2) The Central Government and the State Governments shall contribute to the Fund in

such ratio as may be prescribed.

(3) There shall also be credited to the fund such other sums as may be received by way

of donation, contribution, assistance or otherwise by the Board.

5. (1) The Board shall promote and provide, by such measures as it thinks fit, for the

protection, maintenance and welfare of neglected, abandoned and destitute widows and for

their dependent children.

Establishment

of the National

Widows

Welfare Board.

Constitution

of a Widows

Welfare Fund.

Functions of

the Board.

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(2) Without prejudice to the generally of the provisions of sub-section (1), the Board

shall,—

(a) maintain district-wise register of widows with such particulars and in such

manner as may be prescribed;

(b) collect and get verified the antecedents of every widow covered under this

Act to assess her need for assistance in such manner as may be prescribed; and

6. The Board shall provide to the abandoned or destitute widows, on an application

prescribed for the purpose, the following facilities, namely:—

(a) subsistence allowance of rupees two thousand per month in case the widow

is infirm and destitute or is having one or more dependent children or rupees one

thousand per month in case she has no dependent child;

(b) residential accommodation free of cost wherever necessary;

widows;

(d) gainful employment;

(e) vocational training wherever required;

(f) such other facilities as may be necessary and as may be prescribed:

Provided that if a widow covered under this Act gets gainful employment or

remarries, the facilities provided to her under this Act shall stand withdrawn from the

date such widow gets employment or remarries, as the case may be:

Provided further that a widow residing with her in-laws or parents according to

custom or due to other circumstances shall not be denied the facilities under this Act

on this ground.

7. Notwithstanding anything contained in any other law for the time being in force or

in any custom, a widow,—

(i) shall not be evicted or thrown out of the house of the in-laws or parents, as

the case may be, where such widow was residing at the time of death of her husband;

(ii) shall be entitled to inherit the property or the share of her late husband in

case of joint ownership of the property from her in-laws; and

(iii) shall be entitled for maintenance from the heir or in-laws who abandon a

widow for subsistence.

8. The Central Government shall, after due appropriation made by Parliament by law in

this behalf, provide requisite funds for carrying out the purposes of this Act.

9. The provisions of this Act and rules made thereunder shall have effect

notwithstanding anything inconsistent therewith contained in any other law for the time

being in force, but save as aforesaid the provisions of this Act shall be in addition to and not

in derogation of any other law for the time being applicable to the widows.

10. (1) The Central Government may, by notification in the Official Gazette, make rules

for carrying out the purposes of this Act.

(2) Every rule made under this Act by the Central Government shall be laid, as soon as

may be after it is made, before each House of Parliament, while it is in session, for a total

period of thirty days which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediately following the session or the

Facilities to be

provided

the widows.

Miscellaneous

provisions.

Central

Government

provide

requisite funds.

Act to have

overriding

effect.

Power

make rules.

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STATEMENT OF OBJECTS AND REASONS

In our country, there are millions of unfortunate widows who are leading a miserable

life. Their number is nearly three per cent. of total population. More than fifty per cent. of

these widows are old, infirm, disabled and have no source of income or livelihood. Their

position becomes miserable if they have dependent children to support and bring up. They

work as housemaids and take up other jobs for survival.

It commonly occurs that when a widow does not have any permanent source of

income or livelihood, she is driven out of her in-laws' home or even from her parental home.

Sometimes condition of such widows become miserable and their problems increase manifold

due to poverty and other compelling reasons. Many such widows can be seen begging in

the streets and public places. Several women who become widows in their youth are not only

sexually exploited by their known ones but also forced into prostitution. At some places,

widows are termed as witches and tortured even by their own kith and kin or other persons

from the community. They are treated as bad women by the society.

Ours is a welfare State. It is the foremost duty of the State to initiate welfare measures

and to protect and provide maintenance to the hapless widows so that they can live gracefully

in the society. It is, therefore, proposed in the Bill to set up a Welfare Board to exclusively

look after the welfare of neglected, abandoned and destitute widows.

Hence this Bill.

NEW DELHI,

JANARDAN SINGH ‘SIGRIWAL’

July 29, 2015.

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FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the establishment of the National Widows Welfare

Board. Clause 4 provides for the constitution of a Welfare Fund. Clause 6 provides for

facilities like subsistence allowance, free residential accommodation, medical facilities, gainful

employment, etc. to widows. Clause 8 provides that Central Government shall provide requisite

funds for carrying out the purposes of the Bill. The Bill, therefore, if enacted, will involve

expenditure from the Consolidated Fund of India. It is estimated that an annual recurring

expenditure of rupees one thousand crore approximately is likely to be involved.

A non-recurring expenditure of about rupees two hundred crore is also likely to be

involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 10 of the Bill empowers the Central Government to make rules for carrying out

the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of

legislative powers is of a normal character.

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BILL NO. 240 OF 2015

A Bill further to amend the Minimum Wages Act, 1948.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

1. (1) This Act may be called the Minimum Wages (Amendment) Act, 2015.

(2) It shall come into force on such date as the Central Government, may by notification

in the official Gazette, appoint.

2. In section 3 of the Minimum Wages Act, 1948, (hereinafter referred to as the principal

Act), in sub-section (1), in clause (b) and the proviso thereunder, for the words “five years”,

wherever they occur, the words “three years” shall be substituted.

3. In section 4 of the principal Act, in sub-section (1), for clause (i), the following

clause shall be substituted, namely:—

'(i) a basic rate of wages and a special allowance at a rate to be adjusted, at such

intervals and in such manner as the appropriate Government may direct to link the cost

of living index number applicable to such workers (hereinafter referred to as the “cost

of living allowance”); or.'

Short title and

commence-

ment.

Amendment

of section 3.

Amendment

of section 4.

11 of 1948.

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STATEMENT OF OBJECTS AND REASONS

In order to ratify the International Labour Organisation Convention No. 26 of 1928, the

Minimum Wages Act was enacted on 15 March, 1948. The objective of the Act was to impose

a statutory obligation on the employer to pay the minimum wages; bring social justice; and

enable the working class to have a minimum standard of life. However, the working of the Act

since the last six decades proves that the Act in the present form does not serve the intended

object. The main bottleneck in this Act is that the minimum wages are not compulsorily linked

with cost of living index. Also, period for revising minimum wages can be prolonged upto

five years which is a long period comparing with the price hikes and standard of living.

Moreover, ninety four per cent. of Indian work force is in the unorganised sectors and

the Minimum Wages Act is the most pivotal for them. Therefore, suitable amendments are

required to be made in the Act to serve the above objects.

Hence this Bill.

NEW DELHI;

E.T. MOHAMMED BASHEER

August 12, 2015.

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[PART II—

BILL NO. 241 OF 2015

A Bill further to amend the Aligarh Muslim University Act, 1920.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

1. (1) This Act may be called the Aligarh Muslim University (Amendment) Act, 2015.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In section 12 of the Aligarh Muslim University Act, 1920, after sub-section (2), the

following sub-section shall be inserted, namely:—

"(3) Notwithstanding anything in sub-section (1), the University may also, with

the sanction of the Visitor and subject to the Statutes and the Ordinances, establish

and maintain schools from primary to higher secondary level in the Special Centres,

Specialised Laboratories and such other institutions, as are referred to in sub-

section (2).".

Short title and

commencement.

Amendment

of section 12.

40 of 1920

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STATEMENT OF OBJECTS AND REASONS

In the light of Sachar Committee Report, the Special Centres of Aligarh Muslim

University were proposed in 2007 with a view to focus on educational upliftment of the

minorities. The proposal was to establish five centres at Katihar (Bihar), Pune (Maharashtra)

Malappuram (Kerala), Murshidabad (West Bengal) and Bhopal (Madhya Pradesh) and this

proposal was unanimously approved by Executive Council of the University on 17th January,

2008. As a result, the Special Centres of Aligarh Muslim University were established in

Malappuram District of Kerala and Murshidabad District of West Bengal in the year 2010.

These Centres were proposed with a vision to get enrolled more number of minority

students in higher learning institutions run by the Aligarh Muslim University. In Aligarh

Muslim University, 50% of the students, who learn from the feeder school run by the Aligarh

Muslim University, directly get admission in the higher learning courses.

As per the present Aligarh Muslim University Act, 1920, the University can establish

and maintain educational institutions within a radius of fifteen miles from the University

Mosque. However, due to this provision, the Special Centres, Specialised Laboratories or

such other institutions established by the University are not in a position to open schools.

Hence, in order to do away with this situation, an amendment is required in the Act to

empower the University to establish schools in the Special Centres, Specialised Laboratories

and other institutions of the University.

Hence this Bill.

NEW DELHI;

E.T. MOHAMMED BASHEER

August 8, 2015.

SEC. 2]

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STATEMENT OF OBJECTS AND REASONS

The Constitution (Scheduled Castes) Order, 1950 as originally enacted gave the

Scheduled Castes status to persons belonging to certain castes of the Hindu religion only.

However, it was later opened to persons of certain groups in Buddhist and Sikh religion

also. The Muslims and other minorities are still excluded from its purview.

The Constitution (Scheduled Castes) Order, 1950 was one of the terms of reference to

the National Commission for Religious and Linguistic Minorities headed by Former

Chief Justice of India Shri Ranganath Mishra. The Commission had recommended for giving

the status of the Scheduled Castes to certain groups and classes of persons from amongst the

Muslims whose counterparts amongst the Hindu, Sikh or Buddhist religions have already

been included in the lists of the Scheduled Castes.

Moreover, Gopal Singh panel in 1983 had also maintained that there was a "sense of

discrimination prevailing among the Minorities" and that it "must be eliminated, root and

branch, if we want the Minorities to form an effective part of mainstream.".

The Sachar Committee Report has further highlighted the necessity of providing legal

mechanism for the development of Muslim minorities in the light of ground realities of

Muslim minorities pointed out by 1983 Gopal Singh panel.

The Bill, therefore, seeks to amend the paragraph 3 of the Constitution (Scheduled

Castes) Order, 1950 with a view to providing all benefits, as are available to the

Scheduled Castes of the Hindu, the Sikh or the Buddhist religion, to the persons belonging

to certain groups or communities of Islam religion.

Hence this Bill.

NEW DELHI;

E.T. MOHAMMED BASHEER

August 12, 2015.

142

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[PART II—

FINANCIAL MEMORANDUM

Clause 2 of the Bill seeks to include persons belonging to certain groups and classes

of Islam religion under the purview of the Constitution (Scheduled Castes) Order, 1950 to

confer them the status of the Scheduled Castes as has been done on persons belonging to

certain castes in the Hindu, Sikh and Buddhist religion. The Bill, therefore, if enacted, would

involve recurring and non-recurring expenditure from the Consolidated Fund of India on

account of benefits to be provided to the Muslims under the ongoing Central Schemes meant

for development of the Scheduled Castes.

At this stage, it is not possible to give the exact amount to be incurred on this account.

However, the expenditure, whether recurring or non-recurring, will be met out of the

Consolidated Fund of India. It is expected that a recurring expenditure of about rupees three

hundred crore will be involved annually.

No non-recurring expenditure is likely to be involved.

SEC. 2]

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BILL NO. 243 OF 2015

A Bill further to amend the Constitution of India.

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

1. This Act may be called the Constitution (Amendment) Act, 2015.

2. In article 15 of the Constitution, after clause (5), the following proviso shall be added

at the end, namely:—

“Provided that the reservation in favour of persons belonging to the socially

and educationally backward minorities in admission to higher educational institutions

including private educational institutions, whether aided or unaided by the State,

other than minority educational institutions, shall be in proportion to their population.”.

3. In article 16 of the Constitution, clauses (4A) and (4B) shall be renumbered as

clauses (4B) and (4C), respectively, and before clause (4B) as so renumbered, the following

clause shall be inserted, namely:—

“(4A) Nothing in this article shall prevent the State from making any provision

for reservation of appointments or posts in favour of persons belonging to socially

and educationally backward minorities in proportion to their population in services

under the State.”.

Short title.

Amendment

of article 15.

Amendment

of article 16.

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[PART II—

STATEMENT OF OBJECTS AND REASONS

In the Preamble to the Constitution we have resolved to secure to all citizens “Social,

Economic and Political Justice” and “Equality of Status and Opportunity”. Article 14 of the

Constitution guarantees to every citizen the right to equality before law. Article 46 lays down

as a Directive Principle of State Policy that the State shall promote with special care the

educational and economic interests of the weaker sections of the society. While Article 15

prohibits “discriminaion on grounds of religion”.

Article 15(4) and 16(4) of our Constitution are mere enabling provisions. They do not

impose any obligation on the part of the Government. It is left to the discretion of the

Governments to make special provisions for advancement of socially and educationally

backward classes and/or make any provision for reservation in education and employment.

In the absence of sub-quota, the introduction of 4.5% reservation for the socially and

educationally backward minorities in the 27% reservation earmarked for socially and

educationally backward classes have not achieved the desired goal.

The reports of Sachar Committee, Kundu Committee, Ranga Nath Mishra Commission,

etc. have categorically pointed out that reservation of socially and educationally backward

minority communities in accordance with their population is required in the field of education

and work participation of our country.

In order to ensure justice to the most educationally and socially backward minorities in

accordance with their population, reservation in admission to higher educational institutions

including private educational institutions, whether aided or unaided by the State, other than

minority educational institutions and in appointments or posts under the State is inevitable.

Hence this Bill.

NEW DELHI;

E.T. MOHAMMED BASHEER

August 12, 2015

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BILL NO. 245 OF 2015

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

1. This Act may be called the Constitution (Amendment) Act, 2015.

2. After article 16 of the Constitution, the following article shall be inserted, namely:—

"16A. (1) Notwithstanding anything contained in this Part, the State may make

provision for reservation in favour of women in posts and services under the State:

Provided that the percentage of reservation shall not exceed thirty-three

per cent.

(2) The provisions of clause (1) shall have effect notwithstanding anything contained

to the contrary in any judgment, decree, direction or order of any Court of Law or Tribunal

or Authority having judicial powers.".

3. After article 29 of the Constitution, the following article shall be inserted, namely:—

‘‘29A. Notwithstanding anything contained in this Part, the State may make

provision for reservation in admission in favour of women in educational institutions

under the State:

Provided that the percentage of reservation shall not exceed thirty-three

per cent.".

Short title.

Insertion of

new article 16A.

Reservation

for women in

posts and

services.

Insertion of

new article 29A.

Reservation

for women in

educational

institution.

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BILL NO. 246 OF 2015

A Bill to provide for the establishment of a permanent Bench of the Supreme Court of

India at Ahmedabad.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

1. (1) This Act may be called the Supreme Court of India (Establishment of a

Permanent Bench at Ahmedabad) Act, 2015.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. There shall be established a permanent Bench of the Supreme Court of India at

Ahmedabad and such number of Judges of the Supreme Court of India, being not less than

nine, as the Chief Justice of India may, from time to time, with the approval of the President,

nominate, shall sit at Ahmedabad in order to exercise the jurisdiction and power for the time

being vested in the Supreme Court of India in respect of cases arising in the States of Gujarat,

Madhya Pradesh, Maharashtra, Goa, Rajasthan and the Union Territory of Dadra and Nagar

Haveli and such other territories as may be notified by the Central Government, from time to

time, with approval of the Chief Justice of India.

Short title

and

commencement.

Establishment

of a

permanent

Bench of

Supreme

Court of India

Ahmedabad.

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[PART II—

STATEMENT OF OBJECTS AND REASONS

India is the seventh largest country in the world in terms of area. It is the second most

populous country next to China. However, the seat of the Supreme Court of India at Delhi is

to decide cases arising in whole of the country. Article 130 of the Constitution provides that

the Supreme Court of India shall sit in Delhi or in such other place or places, as the Chief

Justice of India, may, with the approval of the President, from time to time, appoint. The

language of article 130 clearly indicates that the intention of the founding fathers of the

Constitution was to have more than one seat of the Supreme Court. But so far no thought has

been given to the idea of having another Bench of the apex court despite the fact that the

population of the country which was around thirty-six crore at the time of independence has

now swollen to over one hundred and twenty-eight crore and there is proportionate increase

in the cases in the Supreme Court. Litigant public has to travel thousands of kilometers to

follow-up their cases in the Supreme Court which is seated in Delhi. This not only adds to

their financial burden but also results in wastage of a lot of time in travelling and staying in

Delhi. The litigants in northern and central part of the country find it inconvenient and

expensive. Therefore, it is high time that a Bench of the Supreme Court of India be established

for the convenience of the public at large for which Ahmedabad is the most appropriate

place.

Geographically, Ahmedabad is the most ideal place for setting up of the Bench of the

apex court. A Bench of the Supreme Court at Ahmedabad will provide a big relief to the

litigant public residing in the States of Gujarat, Madhya Pradesh, Maharashtra, Goa, Rajasthan

and Union Territory of Dadra and Nagar Haveli and other adjoining States of the country and

will provide them convenient and affordable justice.

Hence this Bill.

NEW DELHI;

JAYSHREEBEN K. PATEL

August 13, 2015.

————

PRESIDENT'S RECOMMENDATION UNDER ARTICLES 117(1) AND 117(3)

OF THE CONSTITUTION

[Copy of letter No. 15019/12/2015-US dated 29 September, 2015 from Shri D.V. Sadananda

Gowda, Minister of Law and Justice to the Secretary General, Lok Sabha].

The President, having been informed of the subject matter of the Supreme Court of

India (Establishment of a Permanent Bench at Ahmedabad) Bill, 2015 by Shrimati Jayshreeben

K. Patel, M.P., recommends the introduction of the Bill under article 117(1) and consideration

under article 117(3) of the Constitution, in Lok Sabha.

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BILL NO. 213 OF 2015

A Bill to provide for proper handling and disposal of household waste by prescribing

norms and fixing duties on citizens and municipal authorities with regard to

segregation and collection of municipal solid waste and for matters connected

therewith or incidental thereto.

WHEREAS decisions were taken at the United Nations Conference on the Human

Environment held at Stockholm in June, 1972, in which India participated, to take appropriate

steps for protection and improvement of human environment;

AND WHEREAS it is considered necessary further to implement the decisions of

aforesaid Conference in so far as they relate to the protection and improvement of

environment and the prevention of hazards to human beings, other living creatures, plants

and property.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

1. (1) This Act may be called the Waste Segregation and Collection Act, 2015.

(2) It extends to the whole of India.

Short title,

extent and

commencement.

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153

(3) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

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

(a) “appropriate Government” means in the case of a State the Government of

that State and in all other cases, the Central Government;

(b) “municipal authority” means Municipal Corporation, Municipality,

Nagarpalika, Nagar Nigam, Nagar Panchayat, Municipal Council including Notified

Area Committee (NAC) or any other local body constituted under the relevant statutes

and where the management and handling of municipal solid waste is entrusted to

such agency;

(d) “segregation” means separation of the municipal solid wastes into organic,

inorganic, recyclables and hazardous wastes.

3. No person shall throw or dispose of any household waste in public place or on the

property of any other person, except in the dustbins or waste collection points demarcated

by the municipal authority.

4. It shall be the duty of the every citizen to segregate the household waste before

disposal.

5. It shall be the duty of the municipal authority to,—

(i) ensure collection of segregated waste from households for further treatment

and disposal;

(ii) notify sites demarcated as collection points;

(iii) conduct educational and informational activities relating to segregation of

waste at such interval, as may be prescribed, for the local residents; and

(iv) organise cleanliness drives from time to time to promote cleanliness among

citizens.

6. (1) The appropriate Government shall prescribe minimum standards and requirements

for the collection of solid waste, in such manner as may be prescribed.

(2) In particular and without prejudice to the generality of foregoing provisions, the

minimum standards shall provide for—

(a) equipments for all collectors and other personnel directly dealing with

collection of solid waste to protect themselves from the hazards of handling municipal

solid wastes;

(b) necessary training to the collectors and personnel to ensure proper handling

of solid wastes; and

spillage or scattering of solid waste at collection points demarcated by the municipal

authority.

7. Whoever violates the provisions of this Act shall be punished with imprisonment

for a term which may extend to six months and fine which may extend to five thousand

rupees.

8. The Central Government shall, after due appropriation made by Parliament by law in

this behalf, provide requisite sums to the State Governments for carrying out the proposes

of this Act.

Definitions.

Prohibition

on littering.

Duty of every

citizen.

Responsibilities

of the

municipal

authorities.

Minimum

standards and

requirements

for collection

of solid

waste.

Penalty.

Central

Government

to provide

requisite

sums.

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9. The provisions of this Act shall have effect notwithstanding anything

inconsistent therewith contained in any other law for the time being in force relating

to maintenance of public cleanliness and waste management or in any instrument

having effect by virtue of any law other than this Act.

10. The provisions of this Act shall be in addition to and not in derogation of

any other law for the time being in force.

11. (1) The Central Government may, by notification in the Official Gazette, make

rules for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is

made, before each House of Parliament, while it is in session, for a total period of thirty

days which may be comprised in one session or in two or more successive sessions,

and if, before the expiry of the session immediately following the session or the

successive sessions aforesaid, both House agree in making any modification in the

rule or both the Houses agree that the rule should not be made, the rule shall thereafter

have effect only in such modified form or be of no effect, as the case may be; so,

however, that any such modification or annulment shall be without prejudice to the

validity of anything previously done under that rule.

Act to have

overriding

effect.

Act to

supplement

other laws.

Power to

make rules.

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STATEMENT OF OBJECTS AND REASONS

India generates about sixty million tonnes of trash every year. Ten million tonnes of

garbage is generated in the metropolitan cities only. The landfills of most of these cities are

already overflowing, with no space to accommodate fresh garbage waste. The reason why

most landfill sites are overflowing is the inefficiency of the current waste disposal system.

Effective management of garbage is extremely important as it affects the health of our

citizens in an extremely severe manner. Nearly twenty per cent of methane gas emissions in

India are caused by landfills. Due to the decomposition of inorganic waste, the ground

water is contaminated. There is also the problem of leachate when rain water percolates

through the waste in a landfill.

Inefficiency in waste disposal system can only be solved by segregating waste at the

source location. Recyclable waste like construction and demolition waste, organic waste

like household garbage and toxic waste like medical waste, needs to be separated. “Swaach

Bharat Abhiyan” launched by Government of India encourages citizens not to pollute the

community and make more use of dustbin to drive cleanliness. But awareness of segregation

of waste is still a distant dream. Even before cleaning up the city, the government needs to

sort out a concrete waste management system that ensures segregation and recycling.

The Bill aims to provide a legislative impetus to the issue of waste management by

clearly outlining the roles and responsibilities of the Government, municipal authorities and

the citizen. The Bill also seeks to provide for necessary standards for the collectors and

personnel dealing with collection of the waste to ensure effective waste management system.

Hence this Bill.

NEW DELHI;

SUPRIYA SULE

June 29, 2015.

156

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[PART II—

FINANCIAL MEMORANDUM

Clause 5 provides for certain steps to be initiated by municipal authorities for

promotion of waste segregation. Clause 6 provides for provision of equipments,

necessary training for collectors and other personnel directly dealing with collection

of solid waste. Clause 8 provides that the Central Government shall provide adequate

sums to the State Governments for carrying out the purposes of the Bill. The Bill,

therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It

is estimated that a recurring expenditure of about five hundred crore will be incurred

per annum.

A non-recurring expenditure of about rupees one hundred crore is also likely to

be involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 11 of the Bill empowers the Central Government to make rules for carrying

out the purpose of the Bill. As the rules will relate to matters of detail only, the delegation

of legislative power is of normal character.

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[PART II—

2. In section 2 of the Environment (Protection) Act, 1986, (hereinafter referred to as

the principal Act),:—

(i) the existing clause (a) shall be re-numbered as clause (aa) and before

clause (aa) so as re-numbered, the following clause shall be inserted, namely:—

‘(a) "Board" means the Central Board for the Prevention, Control and

Abatement of Light Pollution constituted under section 17A;’;

(ii) after clause (e), the following clause shall be inserted, namely:—

‘(ea) "light pollution" means unwanted illumination by outdoor lighting

fixture, which is dispersed outside the areas to which intended, particularly in

cases when directed over the horizon level and/or induces negative effects on

living organism;’;

(iii) after clause ( f ), the following clause shall be inserted, namely:—

‘(fa) "outdoor lighting fixture" means any type of fixed or movable lighting

equipment designed or used for outdoor illumination including billboard lighting,

street lights, searchlights and other lighting used for advertising purposes and area

lighting but does not include lighting equipment that is required by law to be installed

on motor vehicles or lighting required for the safe operation of aircraft;’; and

(iv) after clause (g), the following clause shall be inserted, namely:—

‘(h) "shielded" in relation to outdoor lighting fixture means a fixture that is

covered in such a manner that light rays emitted by the fixture, either directly from the

lamp or indirectly from the fixture, are projected below a horizontal plane running

through the lowest point on the fixture where light is emitted.’.

3. In the principal Act, after Chapter III, the following new Chapter shall be inserted,

namely:—

"CHAPTER IIIA

PREVENTION, CONTROL AND ABATEMENT OF LIGHT POLLUTION

17A. (1) The Central Government shall, within three months of the coming into force

of the Environment (Protection) Amendment Act, 2015, by notification in the Official Gazette,

constitute a Board to be known as the Central Board for the Prevention, Control and

Abatement of Light Pollution for effective implementation of the provisions of the Chapter.

(2) The Board shall consist of Chairperson and such other members to be appointed

by Central Government in such manner as may be prescribed.

(3) The salary and allowances payable to, and other terms and conditions of services

of Chairperson and members of the Board shall be such as may be prescribed.

17B. (1) The Board shall be responsible for prevention, control and abatement of

light pollution in the country.

(2) Without prejudice to the generality of the foregoing provision, the Board may

perform all or any of the following functions, namely:—

(a) advise the Central Government on any matter concerning improvement of

the quality of night sky and the prevention, control or abatement of light pollution.

(b) plan and cause to be executed a nation-wide programme for the prevention,

control and abatement of light pollution;

programmes for prevention, control and abatement of light pollution on such terms

and conditions, as the Board may specify;

Constitution

of Central

Board.

Insertion of

new

Chapter IIIA.

Amendment

of section 2.

Functions of

Central

Board.

29 of 1986.

SEC. 2]

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159

(d) organise through mass media a comprehensive programme regarding

prevention, control and abatement of light pollution;

(e) collect, compile and publish technical and statistical data relating to light

pollution and the measures devised for its effective prevention, control and abatement

and prepare mannuals, codes or guides relating to prevention, control and abatement

of light pollution;

(f) lay down standards for the quality of atmosphere and night sky in respect of

light pollution;

(g) collect and disseminate information in respect of matters relating to light

pollution; and

(h) perform such other functions as may be prescribed.

17C. (1) The Board shall, by notification in the Official Gazette, prescribe guidelines for

shielded outdoor lighting fixtures.

(2) In particular and without prejudice to the generality of forgoing provisions, the

guidelines shall provide for—

(a) compulsory shielding of all public outdoor lighting fixtures using prescribed

power consumption;

(b) replacement of unrepairable shielded outdoor lighting fixtures; and

facility from midnight till 0500 hrs. except for national or international events.

17D. The Central Government shall, after due appropriation made by Parliament by law

in this behalf, provide such sums of money as it may think fit for being utilised for the

purpose of this Act.

17E. The provisions of this Act shall not apply to—

(a) existing shielded outdoor lighting fixtures which were legally installed prior to the

commencement of the Environment (Protection) Amendment Act, 2015;

(b) navigational lighting systems at airports and other lighting necessary for aircraft

safety;

(d) outdoor lighting fixtures necessary for safety of workers engaged at farms, dairies,

industries, mining, oil sector and natural gas facilities.

17F. Whoever contravenes the provisions of this Chapter shall, for a first offence, be

issued a warning, and for second or subsequent offence be punished with a fine, which shall

not be less than one lakh rupees.

17G. The provisions of this Chapter shall have effect notwithstanding anything

inconsistent therewith contained in this Act or any other law for the time being in force.".

Guidelines for

outdoor

fixtures.

Central

Government

to provide

fund.

Exemptions.

Penalty.

Act to have

overriding

effect.

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[PART II—

STATEMENT OF OBJECTS AND REASONS

The unrestricted use of artificial lights and human's dependence on electricity has

resulted in problems that we have become oblivious to. Though we may have conquered the

demons of darkness and illuminated our cities, towns and villages, we have done so at a

huge expense. We have surpassed levels of light hundreds and thousands of time higher

than the natural level during the night thereby causing light pollution.

The biggest victim of light pollution is science of astronomy. Sky glow (the scattering

of light in the atmosphere) reduces the contrast between stars and galaxies and the sky itself,

making it much harder to see fainter objects. Astronomers need to have a clear view of the

stars and planets above. Dark sky friendly lighting does not mean dark ground. Light pollution

not just concerns astronomers but also animals and plants. It poses a serious threat to

nocturnal wildlife. About thirty per cent. of vertebrates and more than sixty per cent. of

invertebrates are nocturnal and many of the rest are crepuscular-active at dawn and dusk.

Light pollution is known to have caused confusion to animal navigation and changed predator-

prey relations amongst other things. Thus light pollution has an endangering effect on the

ecosystem around us.

The Bill aims to ensure that outdoor light at night is illuminated at an appropriate

lighting levels or use fully shilded, light efficient fixtures aimed downward where it is needed.

The relatively simple act of shielding our lights, installing or retrofitting lamp fixtures that

direct light downward to its intended target, represents our best chance to control light

pollution. While we seldom leave our interior light bare, most of our outdoor lighting remains

unshilded, sending light straight into the sky, into our eyes, into our neighbours' bedrooms.

Moreover, shielded lights do their job more efficiently as they shine more brightly on what

want to be lit. More efficient lighting also saves energy, reduce costs and conserve natural

resources.

In various countries, there are laws to preserve and enhance country's dark sky. But

light pollution is hardly discussed in our country and in fact it is nobody's responsibility.

The problem of light pollution is worsening as our country is becoming increasingly affluent

and urbanized. It is, therefore, high time that matter may be regulated before the situation

becomes alarming.

NEW DELHI;

SUPRIYA SULE

June 29, 2015.

SEC. 2]

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161

FINANCIAL MEMORANDUM

Clause 3 of the Bill seeks to insert sections 17A to 17G in the Environment (Protection)

Act, 1986. Proposed section 17A provides for constitution of a Central Board to prevent,

control and abate light pollution. Proposed sections 17B provides for steps to be taken by

the Central Board for such training, mass media programme and compilation of data relating

to prevention, control and abatement of light pollution. Proposed section 17C provides for

replacement of existing lamps after being irreparable. Proposed section 17D provides that the

Central Government shall provide adequate funds to carry out the purposes of the Bill. The

Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is

estimated that a recurring expenditure of about fifty hundred crore will be incurred

per annum.

A non-recurring expenditure of rupees one hundred crore is also likely to be involved.

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[PART II—

BILL NO. 200 OF 2015

A Bill to provide for compulsory teaching of financial education in all educational

institutions and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—

1. (1) This Act may be called the Compulsory Teaching of Financial Education in

Educational Institutions Act, 2015.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

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

(a) “Advisory Council” means the Advisory Council for Financial Education

constituted under section 6;

(b) “appropriate Government” means in the case of a State, the Government of

that State and in all other cases, the Central Government;

Short title and

commencement.

Definitions.

SEC. 2]

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ary level school imparting education to children, by whatever name such institution is

called, but does not include a minority educational institution;

(d) “financial education” includes imparting knowledge and understanding of

basic financial matters to enable individual to make informed financial decisions; and

(e) “prescribed” means prescribed by rules made under this Act.

3. From such date, as the Central Government may, by notification in the Official

Gazette specify, the financial education shall be taught as a compulsory subject in all

educational institutions from such class onwards as may be determined by the Central

Government on the recommendation of the Advisory Council.

4. The appropriate Government shall, immediately after issuance of the notification

under section 3, issue directions for compulsory teaching of financial education in all

educational institutions within its jurisdiction.

5. Subject to such matters, as may be prescribed, the appropriate Government shall

ensure appointment of such number of teachers with such qualifications, as may be specified,

for teaching financial education in educational institutions.

6. (1) The Central Government shall, within three months of the coming into force of

the Compulsory Teaching of Financial Education in Educational Institutions Act, 2015, by

notification in the Official Gazette, constitute an Advisory Council for financial education.

(2) The Advisory Council shall consist of such numbers of persons, having special

knowledge or practical experience in the field of financial education, as the Central Government

may deem fit.

7. The Advisory Council shall perform the following functions, namely:—

(a) recommend to the Central Government the syllabus of financial education for

each class upto senior secondary level;

(b) recommend to the Central Government the class from which onwards the

financial education is to be taught in educational institutions;

be appointed in educational institutions for teaching financial education;

(d) recommend to the appropriate Government the institutions which may be

given recognition for training teachers in financial education for the purpose of their

appointment in educational institutions; and

(e) coordinate with the appropriate Government and educational institutions

with a view to ensuring effective implementation of the provisions of this Act.

8. The appropriate Government shall derecognize an educational institution which do

not comply with the provisions of section 4 after giving such institution a reasonable

opportunity of being heard.

9. The Central Government shall, after due appropriation made by Parliament by law in

this behalf, provide adequate funds to the State Governments for carrying out the purposes

of this Act.

Compulsory

teaching of

financial

education in

educational

institutions.

Appropriate

Government

to issue

directions for

compulsory

teaching of

financial

education in

all educational

institutions.

Appointment

of teachers for

financial

education.

Constitution

of Advisory

Council for

financial

education.

Functions of

the Advisory

Council.

Derecognition

of educational

institutions

for non-

compliance of

the provisions

of the Act.

Central

Government

to provide

funds.

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10. The provisions of this Act shall have effect notwithstanding anything inconsistent

therewith contained in any other law for the time being in force.

11. (1) The Central Government may, by notification in the Official Gazette, make rules