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MINISTRY OF LAWAND JUSTICE
(Legislative Department)
New Delhi, the lst March, 20l9lPhalguna 10, 1940 (Saka)
THE JAMMU AND KASHMIR RESERVATION (AME-NDMENT) ORDINANCE, 20 I 9
No 8'oF 2019
Promulgated by the President in the Seventieth Year of
the Republic of India.
An Ordinance to amend the Jammu and Kashmir
Reservation Acl,2004.
WHeReas the President of India issued a Proclamation No. G.S.R, 1223. ), dated the 191h December, 2018 under article 356 of the Constitution of India in relation to the State of Jammu and Kashmir declaring therein that the powers of the Legislature of the State of Jammu and Kashmir shall be exercisable by or under the authority of the Parliament;
AND wHEREAS aforesaid Proclamation inter alia provides that the references in section 91 in the Constitution to the Governor and to the Legislature of the State or the House thereo{ shatl be constnred as references to the
419
420 BffiqrrattiilEl, ms I o EI 2ol 9
l
President afid to the Parliament or to the Houses thereof respectively;
Ann wHenEAS Pariiament is not in session and the President is satisfied that circtrnstances exist which render it necessary for him to take immediate action;
Now, THEREFoRE, in exercise of the powers conferred by section 91 of the Constitution of Jammu and Kashmir and of all other powers enabling him in that behalf the President is pleased to promulgate the following Ordinance:-
1. (1) This Ordinance may be called the Jammu and
Short title and commencement.
Kashrnir Reservation (Arnendment) Ordinance, 2A19.
(2) It shall come into force at once.
2. In section 2 of the Jammu and Kashmir Reservation
Amendment in section 2.
Act,2004 ftereinafter referred to as the principal Act), in xIV of 20M' clause (o),-
(a) for sub-clause (ii), the following sub-clause shali
be substituted, namely:-
"(ii) the persons residing in the area adjoining, Actual Line of Control and Intemational Border;"; and
(b) in second proviso, in clause (ix), in the pioviso for the words "Actual Line of Control", the words *Actual Line of Contuol or Intemational Bordff" shall be
sribstituted.
Amendment of section 3.
3. In section 3 oftheprincipal Act, in sub-section (2), for the words "Line of Actual Control", whereverthey occur, the words "Actual Line of Control or Intemational Border'shall be substituted.
RAM NATH KOVIND,
President.
DR.. G. NARAYANA RAJU. Secretary to the Govt. af India.
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MTMSTRY OF LA\ry AND JUSTTCE
(Legislative Department)
New Delhi, theZnd March,Zll9lPhalguna 11, 1940 (Saka)
THE AADIIAAR ANI} OTHER LAWS (AMENDMENCI oRDINANCE,2019
Promulgated by the President In the Swentieth Yeu of tlre Republic of
India.
fui Ordinance to amqld the Aadhaar (Targetcd Delivery of Financial and Other Subsidies, Benefib and Services) Act, 2016 and furths to amend the IndianTclegraph Act, 1885 andthe Prevention of Money-laundering Act,2002.
WHEREAs the Aaihaar and Other Laws (Amendment) Bill, 2019 was passed by the Horse oftire People onthe4t day oflmurry,2019 and is pending
intlre Corncil of Statx;
AND wHEREAS Parliam€ot is not in session and the hesideft is satisfied that c.itcumstances exist which render it neccssary for him to take irnmcdiatc
action;
Now, THEREFoRE in exffcise of the powcrs confened by clarse (l) of article 121 of the Constitution, the hesident is pleased to promulgate the following Ordinance:-
PARTI
PRELIMINARY
1,(I) This Ordinancc may be called the Aadhaar and Ottrer Lavs shnftlcud
comncncc'oent'
(Amendmen| Ordinance,20l9.
(2) It shall comc intro force at once.
-- 4r0 0
420 (2)
, m6 roqr 2or9
PARTII AI{EI{DMENTS To TI{E AAnSn m ITARGEIED DELIVERY OF FTNANCIALAND OTTTER SUBSIDIES, BENEFITS AND SERVTCES) AcT,2016
Amcndmntof
2. In section 2 of the Aadhaar (Targeted Delivery of Financial and Other
sectbn 2.
Subsidies, Beneliu and Seivices) Act, 2016 (hereafter in this Part refened to as lt 0f2016. the prirrcipal Ac$,-
(r) for clause (a), ttre following clarse shall be substituted, nrnely:-
'(a) "Aadhaar numhr" meaffi an identifrcation number issued to an individual under subsrction (J) of section 3, and includ€,s any .alternative virtual identity generaled under sub-section (4 of th,at
section;';
(ii) after clausc (a), the followingclarse shall be rnserted, namely:-
'(*) "Aadhaar ecosystem" includes enrolling agencies,
Regisran, requesting entities, offline verification-seeking entities and any other entity or gror4 of entities as may be specified by regulations;';
(irr) after clause (6), the following clauses shall be inseted, namely:-
'(ba) "Adjudicating Officu" means an adjudicating officer
appointed under sub-section (/) ofsection 338;
(D[) "Appellate Tnbunal" means the Appellate Tribuml refened
to in suhsection (/) of section 33C;':
(iv) after clause (l), thc following clause strall be inserte{ namely:-
'(rc) "child" rneans a person who has not completed eightecn yero
of age;';
(v) after clause (p), the followingclauso shall be irucrted, namely:-
'(pa) "offline verification" means the prcoess of veriffing tlw identity of the Aadhaarnumber holder without authenticatior:r tltroudl srrch offlinemodes as may be spccifiedby regulations;
(pb) "offline verification-seeking entity" Itreans any mtity desirous of undcrtaking ofline verification of an Aadhaar number holdcr;'.
3.Io section 3 of tre principal Act, after subscction (J), the following sub'
Amcndmcnt of scction 3.
soction shall be inserted, namely:-
"(4) The Aadhaar number issued to an individual under sub-sectior.l (J) sholl be a nrelvedigit identification number and any altcruativo virtual idendly as ar altemativc to the actual Aadhaar number of an indiviifualtlut strall be generated by ttre Authotity in such msnner as may be specihed by
regulations.".
u*qlc {rqrd, frnifi 10 Nr 2ot e
tzo (t) il. After section 3 of thc priucipal Act, the following section shall be tosutionofncw
scction 3A' irscrted, narnely:-
"3A.(/) The enrolting agency shall, at the time of enrolment ofa chil4 Arihaanunbcr of seek the consent ofthe parent or guardian ofthe child, and infonn tlr parent childrn- or guardiaq the details specified under sub-section (2) ofsection 3.
(2) A child who is an Aadbaa numbs holder may, within a period of six montts of attaining the eighteen ycars ofage, make an application to ttre
Authority for cancellation of his Aadhaar number, in such maon€r as may be specified by regulations and the Authorig shall ca4cel his Aadhaar
number.
(J) Notwithsanding anything in seclion 7, a child shall not be denied any srbsidy, benefrl or semice urder that section in casc of failure to establish his idfftity by undergoing authsntication, or fumishing proof of possessionofAadluarnumber, or infte case of aohildto whom no Aadhaar
nrmber has been assigned, producing an application forenrotncnt.".
5. In scction 4 of ttre principal Act, for sub-scction (3), the following sub- Amcndoeot of
scction {' sections shall be substituted, narnely:-
'(3) Every Aedhaar number holder to establish his identity, may voluntarily use his Aldhaar numter in physical or olectrooic form by way of ailhentication or offline verihcatioq or iu such other form as may be notified, in such rnanrcr as may bc specifred by regulations.
kplarution.-For the puiposos of this section, volmrary we of the Aadhaar nurnber by way of authentication rrcans the we of such Aadhaar number only witr the informed consent of the Aadhaar number holder.
(4 Atr entity may bc allorryed to perforrn autirerilication, if the
Arrthority is satisfu that the requesting entity is-
(a) compliant widr such standuds of privacy and security as may
be specified B regulations; and
(b) (r) pcrnitted to offer authentication scwiccs under dre
provisions of any otlur law madeby Parliament; m
(ir) seeking authenticalion for such putpose, as the Central Govcrnment in consultation with ftc Authority, and in thc iuterest of Slde, maY p,rescdbe.
(l) The Adhority may, by regulations, decide whetlrcr a reqursting ertity shall bc perruitted fie rse of tlre actual Aadluar number dr.ring authentication or only an altemative virtual identity.
(O Every requesting entity to u,hom an authentioation rcquest is madc by an Aadlraar number holder uder sub+ection (3) shall inform to the Aadhaar nr.unber holder of altemate and viable means of identification and shall oot deny any service to hirn for rcfising to, or bcing unable to, undergo
authentisation.
mandatory authcntication of an Aadhaar numb$ holder for the pmvision of
420 (4) Bffi{ma{Erqr, fuis ro qI 2o1e
any service shall take place if such auttrentication is required by a law made by Parliament.".
Arnrndmcnt of
6. In section 8 of the principal Ac!-
sGciion 8.
(a) in sub-section (2),
(i) in ilause (a), aflrr the words "consent of an individual', the words n, or in the case of a child obtain the conscnt of his puent or guardian" shrll be inserted;
(il) aftcr clause (6), the following prcviso strait te inserted, namely:-
"kovidedthatthe requesting entity shall, in case of failure to authenticate due to illness, injury or ffirmity owing to old age or othenn ise or any teclmical orothcr reasons, provide such altemate and viable means of identilication of the individual, as may be sp€oified by rogulations." ;
*or
(6) in sub-section (3), after the words "for authentication,", the words in lhe case of a chil( his parent or gurdian" shall be inserted.
lnscrtfunolnew
7. After section I of ttrc principal Act, the following section shall be sac*iol 8A,
inserted, namely-
"8A.(/) Every oflline verification of m Aadhaar number holder shall Ofrline rrcrificdionof
be performed in acc,ordance witir the provisions of this section.
Ardlnar nmbcr.
(2) Every offline verificatiursecking entity shall,-
(a) hfore puforming offlinc verificatioq obtain the consent of an hdividual, or in the case of a chil{ his parc[t or guardian, in zuch martreras maybe specified by regulatiom; and
(D) ensure that the demographic information or any orher informatisr collected from tlre individual for offlirre vuification is onlyused forthe purpose of zuch verification
(3) An offiine verifioation-soeking entity shall inform the individual undergoing offiine verihcation, or iu the oase of a child, his parent or guardl-an the following details wittr reqpect to offline verification, in such manncr as may be speoifrcd by regplations, namcly:-
(a) the nature of information that may be shared upon offline verifrcation;
(6) the uses to which ttr information received dwing oflline verification may be put by the offline verification-seeking enrity; and (c) alternatives to submission of information requested for, if any.
({) No offline verifrcation-seeking entity shall-
(q) subject an Aadhaat nrmrk holder to authentication;
furr
420 (sl (b) collect use, or slote an Aadhaar number or biometic
information of any individual for any purpose;
{c) take any action conhary to ary obligation on it as may be
specified by regulatiors.,.
Substituion of E. For sectior 21 of the principal Acg rhe following section shall be
ncw scction for substituto{ narriy,-
section 21.
*21'(/)
The Authority shafl appoint such ofrrcers and emproyees as
may be required for thc discharge of its functions under this Act.
Offrcgrs and othsr crnployecs of Authority.
(2) fte salaries and allowances payable to, and the other terrns and conditions of service o[, the officers and employees of the Authority shall bc such as may be specified by regulations.l.
lnsrtion ofncu' 9. After section 23 of the prirrcipal Acq the following section stmll b.
sootioo 23A.
. inserte{ namely:-
*23A,(/)
Por*r of Antfioriy
to issuedircctionc {.,ir
The Autbriry may for the discharge of its fimctions under A"t' or any rules orregulatiom made thercunder, by order, issue such directions fiom time to time to any entiry in rhe Aaahaar eoo,system, as it mry consider mcessaty.
I0. For section 25 of ttre principal Act, ttre folrowing section stull be
substiurted, narnely:-
Suhihrion of rcw scaion fot $ction 25.
Fund "25.(I) There shall be constituted a Frmd to bc cailed rhe unique I&ntification Auttrority of India Fund and trrere shall be crcdited ttrsrerr
Act.".
Amcdnrer*of
scclfun.29.
narnely:-
"(J)No identity information availablcwith arcquesting eatity or
420 6l udwlTqq{, fr{io I o qI 2ote
(a) used for any puryose, other ttrart the puryos€s informed in writing to the individual at the time of submitting any infornration for authentication or offline verification; or
(D) disclosed for any purpose, other tlran purposes informed in uriting to the individual at the time of submiuing any infouuation for Brfrheolication or omine verification:
Provided drat the purposes under clarses (o) and (6) shall be in
clear and precise langr:age undersundable to the individual.";
(&) in sutssection ({J, for ttre words "or core biometric informatiott", the
words ", dcrnographic information or photograph' shall be substituted.
L2.In section 33 of the principal Act,-
Affmdmfttof scioil 33.
(i) in sub-sectiofl (l),-
(a) for thc words "District Judge", the words 'Tudge of a l{igh
Court" shel be substituted;
(6) in the pnnviso, affer the words "hearing to the Authority", the
words "andthe concemed Atdhriu numberholdet'' shall b€ inserted;
(c) aflcr the proviso, the following Pmviso shall bc inserted,
namely:-
*Provided firther thst the core biometric information shall
not be disclosed urrder this sub'scction,".
(if) in suh,seotion (2), for the words "Joint Secretary", thc wold
'scoretary" shall be substituted.
13. Afier Chapter VI of thc pnnc@ Act, th€ following Ctupta shall be
lnscrtion ofncw Ch+tcrVLt
inserted, namely:-
"CHAPTERVIA
CIVILPENALTIES
PEnElty fff ftiluc tocoqlyri6 provisirns ofttis Act, rdcr, rtgillnlom aM
directions,
33A.(I) Where an eutig in the Aadhaar ecosystem frils to comply with tlre provision of this Act, the rules or regulations made thereunder or directiors issued by the Audnrity uuder sec'tion 234" or fails to fumish any information, docurnmt, or return of rtport required by ttte Authority, such entity shall be Iiable to a civil penalty which may extend to one uorc rupees for cach conhavention and in case of a continuing failtne, with additional pcnalty which may extend to ten lalih rupees for every day during which the failure continues after the fost eontravention
(2) The amount of any penalty imposed under this scction, if not pai4
may be recovered as if it were rn anear of land revtnuc,
Portt b rdjrdcrt.
338,(/) For the purpo$e$ of adjudication under section l3A'utd imposing a penalty thereundcr, the Authority shall appoint an officer ofthe Ar*hority, who is not below ttre rank of a loint Secretary to the Government of India and possessing suoh qualification and experience as may be
Bffi{Trr6{ErrFr, fr?i6 toqr 2o1e
420 (7) prescribed to be an Adjudicating Officer for holding an inquiry in such numrer as may be prescribed-
(2) No inquiry under suhsection (/) shall be initiated except by a complaint made by the Authority.
(.1) While holding an inquiry,the Adjudicating Officer shall-
(a) provide the entity in tlre Aadhaar ecosystem against whom cornplaint is madq anopportuity ofbeing heard;
(b) have the power to summon and enforcc the attendance of any person acquainted with the facts and circumstances of the case to give evidcnce or &o prnduce any document wtich in tlre opinion of tlre Adjudicating Officer, may be rseful for or relevant to the subject ma$er ofthe inquiry.
(/) If the Adjudicating Offirei, on such inquiry, is satisfied that rhe entity inthe Aadlue ocosystem has failed to comply with any provision of this Act or the rules or regulations made thereunder or direcliors issued by the Authority rmder scction 23A, or has failed to furrish any infonnation, document, or retum of report required by the Authority, the Adjudicatiug OfEcer may, by order, impose such pnalty under section 33A as he thitrk frt.
33C.(I) The Telecom Disputes Sefrlemcnt and Appellate Tribunal Appcalsro established under scction 14 of the Tclecom Rcgulatory Aurhority of India +XB:lf 24of l*'l-
Acg 1997, shall be Appcllate Tribrrul for tire purposcs of trearing appeals against tire docision of ftc Adjudicating Oficer underthis Act.
(2) A person or entity in the Aadhaar ecosystern aggrievod by an order of the Adjudicating Officer rnder section 33B, may pefer an app€al t0 tlr€ Appellatc Tribunal within a period of forty.five days froor the date of receipt of tlrc order appealed egarnsl in such form and rnanncr and accompanied with suchfee as may be prrscribed:
Providedthat the Appellate Tribunal may entefiah an appeal afterthe expiry of ths said period of forty-fre days if it is satisfred that therc was sufficient cause for not filing it u,idrin that period.
(3) On receipt of an appeal under sub-seetion (2), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being beard, pass such orders thaeon as it thinks fit, confirming modifying or sctting aside thc onder appealed against.
(4) the Appellate Tribu.ral shall send a copy of every order made by it to the parties to ttre appeal and to the Adjudicating Offrcer.
(J) Any appeal frled under sutssection (2) stull be dealt with by ttre Appellate Tribunal as expeditiously u poesible and every endeavour shall be made by it to dispose of tle eppeal wifiin six monttrs ftom the date on which it is presented to it.
420 (8) Bdiqrr6{q[d, fufi I o s[r 2ot e
(6) The Appeltate Tribunal may, for the purpose of decirling an appeal hfm it, call for the rccords relevant to disposing of such appeai end make such orders as it think fir
33D. The provisions of sections l4-l to 14K ftoth inclusive), 16 and
Proccdur: and powcn ofthc Apflke
Tribund.
17 of the Telecom Regulatory Authority of India Act, 199? shall, mrlatis 24oJLe1 mutandit, apply !o rhe Appellate Tribunal in the disctrarge of its finaions rmderthis Act, u they apply to it inthe discharge of its fi.urctions underthat Aot
33E. (I) Notwitlutanaing anything conrained in the Code of Civit
Appcd to Suprcrno Court of Indir.
Procedure, 1908 or in any otlrcr law for the time hing in force, an appeal 5 of 1908, shall lie against any order, not boing an intcrlocutory order, of the Appellate Tribunal to the Supreme Court on any sub$antial question of law arising out ofsuch order.
(2) No appeal shall lie against any decision or order made by thc
Appellate Tribunal which the parties have consented to.
(J) Every appeal under this section shall be prcfered within a pcriod
of fodydve drys fiom tire date ofthe decision or order appealed agairut:
hovided that the $rpreure Court may entertain att appeal after tlre expiry of the sdd ffiod of forty-fivc days if it is satisfied th* tlrere was sufficient caue for not fi ling it witlrin that period.
Civit corrrl mt b lmrc!fivliction,
33F. No civil court shall have jwisdiction to cnterrain any suit or proceeding in resped of any mafter which an Adjudicating Officer appointed under this Act or the Appeltarc Tribural is cmpowercd, by or under this Act to de{ermine, and no injunction shall be granted by any court or other authority ir respect ofany action taken or to be takfi in pursuance of ary power coilfared by or undet this Act,".
Amcndmcntof
14. Insection 38 ofthe principalAc! for&e words..tlreeyeas",the words
scclior 3E.
\enyears" shall be subcituted.
furendrnntof
15. In scetion 39 ofthe principal Ac! fortlrc wotds "threeyeam", the words
sccti@39.
tenyears" shall be substituted.
16. For section 40 of the principal Ac! tlre following section shall be
substituted, namcly:-
Subgtitution of nsw*ctimfo' scdioil$.
'10. Whoever,-
(a) being a requestirg entity, uses rhe identity information of an
individual in conbaventionof sub-section (2) of secfion 8; or
Paulty for unru*priscd uo byrcqtrling cnity oroEim vcrilicrtion. saLir4eotity.
(b) being an offline verification-seeking enrity, uses the identity information of ar individual in contravention of sub-section (2) of section 8Ao
shall be punishable with inrprisonurent vrhichmay extendto three years or with a fine which rnay extcnd to ten thousand rupees or, in the case of e compan),, with a firp which may ocend to sre lakh rupees or with both.".
420 (el
Bi*{qqtt-qrd, ftiis lo Er 2o1e
.,one
17. In sertion 42 of the principal Act, for the words
rluncndmcnt of
year", the *,ords
sedion +2.
"threeycars" shall be suhtituted.
18. In sectiou 47 of the primipal Ac! in sub-section (/), rhe following Arncndmcnt of s*tion 47.
proviso shall be inserte( namely:-
'?rovideil ftat the court may, on a complaint made by an Aadhaal number holder or idividual take cognizance of any offencc punishable undersection34 or 35 or 36 or 3? or 40 or section 41.".
lrrrrtion ofnerry 19. After section 50 of the principal Act, the following section shall be
tection JOA.
inserte{ namely:-
*50A
43 ofl96l.
Ercr?tion from larffi ilcomr.
Notwithstanding anything contained in the Income Tax Ac! 1961 or any other enacfinenl for tlre time being in force relaring to tax ou income, profits or gairs, theAuthority shall not be liabte to pay i-ncome tax or any othertax in rcspect of its incomq profits or gains,".
Amgtdmetttof 20. In sectisr 51 of ilrc principat Act, for ttre words'Memb,er, officer'., the
rcction 51.
words "Memberor officer" stull bc substituted.
21. In section 53 of ttrc princrpal Act, in suhsection (2),-
A:srdrant of *ction 53, (0 after clause (a), thc following clausc shall be inserted, narnely:_
\aa)tlrepupose for which the requesting eutity may bc allowed by tfie Autlrority to perform autheatication under sub+lause (if) of clause (6) of sub-mction (4) ofsection 4;',;
(ir) after clause G), th" hllowing clauses shall be inserted, namely:-
"(ga) the qualilication and experience o[, and the manner of appointnent o[ thc Adjudicating Officer under sub*ection (I) of
section 338;
(gD) ths form, mmner, urd fee for an appeal to be fited under
sub.section (2) of section 33$".
Amendmcntof 22. trn section 54 ofrhe princrpal Acq iu sub-scction (2),-
scctbn 5,0.
(r) for clause (a), the following clarse sfrall bc substitutd naurcly:_
{a) the entities or group of entities in ttre fudhau ecosystem under clause (aa), the bismetic information turder clause fu) and tre demographic info-nnation undu crause (*), the process of mllecting
. dmographic infomration aad biometuic information flom fte indiyiduals by snrolling agencies under clause (a), and the modes of oftline verification of Aadhaar number hol
section 2;";
(ir) aftu clarse (&), the following clauses shatl bc inserted, namely:_
"(6a) thc rnaaner of generating artcrnativs virnrar identity under
sr:hsection (4) of section 3;
(DD) the manner in which cansellation of an Aadhaar nurnber may
be canied otrt under sub-section (Z) of section 3A.,';
, friifi loql2o1e
420 (10)
(iii) ainr clause (c), the following clauses shsll be inserted, narnely:-
"(ca) slandards ofprivacy and securi$ to be complied witlby thc
requesting entities under subsection (4) of section 4;
(cD) the classification of requesting entities under sub-section (5)
of section 4f';
(rv) after clause (/), the tbllolying clauses shall be inserred, namely:-
"(/o)the alternateand viable means of idenlification of individual
under the proviso to clause (6) of suh section (?) of section 8;
(/b) the mamrer of obtaining consent under clause (a) of sub-section (2), the manner of providiry information to the idividual undergoing offline verification under sub.section (J), ard the obligations of offline verifrcation-seeking entities under clause (c) of sub-soction (fl ofsection 8A;".
23. Section 5? of ttr principalAct shall be omitbd.
Ouisskm of scdion 57.
PARTIII
Ar,cuprururrorHE INDTAN TELEcMpH Acr, l8E5
.
2{.Insection 4 ofthe IndianTelegraph Ac! 1885, aftu sub-section (2), the
following sub-seaiom shall bc inseficd, namely:-
Ams*ncntof e+tiontl ofAor l3 ofltlS,
'(i) Any puson who is granted a licerue under thn first proviso to sub-section (I) to establish maintain or work atelegraph within any part of Indis, stn[ i&ftiry any pcrson to whom it provides its serrrices by-
(") authentication under the Aadhau (Targeted Delivery of
Finfircial and Other Subsidies, Benelits and Services) Act, 2016; or t8 012016.
(D) offline verification under thc Asdhaar (Targeted Delivery of
Financial rndCIhcr Sutsidies, Bencflts and Senices) Act, 2016; ot 18 o12016.
(c) ue of passport issued under section 4 of the Passports 15orle6?- Act, 1967; or
(d) use of any other officially valid document or rnodes of ideotification as nray be notifred by the Cenkal Government in this
b€hdf.
(4 Ifany pcrson who is granted a license undcr tlrc first prnviso to sub-section (I) to cstablistl maintain or work a telegraph within any part of India is rsing authenticalion under clause (a) ofsub+oction (3) to identify any l,c$on to whom it provides iB services, it shall na-kc ths othet mode$ of identification under clar.:ses (,) to (d) of sub-scction (3) also available to such person
(5) The use of modes of identification undcr subsection (J) shall be a voluntary choicc ofthe pcrson who is sought to be identified and no pcrson
shall be denied any service for not having an Aadhaar number.
gffiqrrd {rqq{, friqi-d I o qt 20 I e
420 (ttl (6) Ii ffl identilication of a pason, authentication urder clause (a) of sub-section (3) is used, neither his core biometic information nor thc Aadhaarnunbrr of tlrperson shall be stored.
(7) Nothing contained in sub-sections (J), (.1) and (5) shall preventthe Central Governn:ent from specifying furtlrer safeguards and conditroru for compliarrce by any pcrson who is granled a license undcr thc first proviso to subsection (I) in respect of identification of person to whom itprovides
its services.
It of20i6.
Explanotion.--:Ihe exprrssions "Aadhaar number' and'corc biomehic infonnatiou'shall havc fte sarne meaninp as are respectively assigned to them in clauses (a) and (fl of section 2 of the Aadhaar (targeted Delivery ofFinancial andothu Subsidies, Benefits and Services) Act, 2016.'.
PARTIV AMENDMEI.|TTO THE PREVENTTON OF MONEY.LAUNDERTNG ACT, 2002
l5 of2002.
fi. tn chapter IV of the Prevention of Monuy-launderiug Act, 2002 Inscrriol ofrrrr scrtiofl I lA.
(hcreafter in this Part, refened to ss ft'e prineipal Act), before section 12, the following soction shall be ir6€rted, namely:-
'11A. (/)Every Rryodrg Efiity shall vuifi tlre identity of is clienrs
atd the beneftcial o$rne{, by-
Vrifrcrtiooof I&otityb, RcportmgEntry.
I8 of2016-
(o) adhemication undff the Aadhaar (Iargeted Delivery of Pinancial and Otha Sulridies, Benefrts and Services) Act,20l6 if thc rcporting ertity is a banking company; or
(6) otflirr vcrificatior under trc Aadhaar (Targctcd Delivay of
1t of20l6.
Financial and Otlrcr Subsidies, Benefits and Scrvictc) Aol2016; or
(c) use of passport issued under ssction 4 of dre Passports
.15 of 1967.
Ac, 1967; or
(d) usc of any otlrer oflicially valid document or modes of identification as may be notified by the Cenhal Govemment irr this
. behalf:
It of Dl6-
Provided &at ttre C,eutal Govemment may, if satisfied that a rcporting entity otha than banking cnmpary, conrplies wittr such shrdar& of privacy and sccurity undcr ttrc Aadhra (Iargded Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016, and it is necessary and expedicnt to do so, by rrctification, permit such entity to pcrform aut}entication urder clause (c):
kovided furtlrcr trat rc notification undrr thc fr* proviso shall be isucd without consultAion with ttre Uniqrrc Identification Authoity of India establistred under sub-scction (I) of section 11 of ttrc.Aadlusr (Targeted Delivery of Finanoial and Other Subsidies, Benefits and Scrvices)
Ac( 2016 and the appropriate rcgulator. lt o12016-
420 u2l
' H'-{iloql2o1e
(fl If any reporting entity performs auttrentication wrder clause (a) of subsection (/), to veriff *re identity of ils client or the beneficial or+nei it shall make tbe other rnodes of identification under clauses (b), (c) and (4 ofsub-section (i) also available to such client o,r the beneficial ourner.
. (3) the ue of modes of identificationunder sub-section (I) shall be a
vohrutary choice of evrry client or beneficial owner whs is sought to be identified and no client or beneficial ownu shall be denied sen'ices for irot
baving an Aadhaar number
(4 If, for identilication of a client or bEneficial owner, authentication o ofline verification under claue (a) or clause (D) of sub-section (i) is ued, neitlra his core biometic information nor his Aadhaar nrunber shall
be stored.
(s)Nothing inthis section shall prevent th Cenbal Govemment from noti&ing a&itional safegrrar& on any reportirg entity in respect of vcrification of the identity of its cliem! u be,neficial own€r,
Explnation.- The expressions "Aadhaar number" and {{^{{FOOTNOTE *}}}}eore biorreuic infonnation" shall have &e same mesnings as are rcspectively assigned to tbem in claucs (a) and (y) of section 2 sf the Affdhafi (Tarec'tcd
Deliwry ofFinencial and OthBr Subsidies, Bemefrts and Scrvices) Act
I I of 2016.
2016.'.
Aorc dmltof
26.In section 12 of theprincipalAcl, in sub+ection(I), cluses (c) and (d)
rcction 12.
shallbe omitted
Amcnfrratof
2?. In section ?3 of the prino@ Act in suFsestion (2), clarses (r) and (/)
sccrion 71.
shall be omitted"
RA]\,INATI{KOVIND,
President.
DR. G.NARAYANARAJU, Secretary to the Govt. o! India
dwro,gauaurtsi{rc{{^{{FOOTNOTE *}}}},B{{^{{FOOTNOTE *}}}}e.rEamrnc&agronau,{{^{{FOOTNOTE *}}}}"ro,"og.=G;{{^{{FOOTNOTE **}}}}fu ;
rifurfrci6 ' ffirB/3lf/ oe f 20 t 3 - 20 t s." 'ffiq +€ + en+fa em goa* irrq grrfli(fufl smEd,a)+ iqur fu qra. m'ci6 S.z-zz-B{{^{{FOOTNOTE *}}}}srq rsc / lr ft. i. ftn$, liqim
3o-05-2ool."
fu {NilIET
(srqTqnsr)
wksn t rfirRra
*g 20, rrifi. te4l
{{^{{FOOTNOTE *}}}}qrs zro-B l {ug(, mran, fr{iE toq 2orq -
fdfu qhfur*qdftuFT riTrfrq, Fdrft qElil, steFT;FR, rrqgt
tx-ra+ri,frci*. toqr2ote
xci6sszzrff.nlzr-alx./o.rr./rr.-rrrawr*Tr,fr&srtqq{{rfrq,frqrsfrrrrr+q*xqimNo.2(to)/tg- udwrq ft u-qqra * am t am sntrrgvn,
rr{u gm argt, erftftr vfoa.
MIMSTRY O[' LAW AND JU-STICE
$,€,gistathe DePartnrent)
New Delhi, the2nd March,2llglPhalguna l l, 1940 (Safta)
TTIE NEW DELIfi INTERT.IATIONAL ARBITRATION CENTRE ORDINANCE,aQI9 No 100f 2.019
'
420 (13)
420 (14)
, ffifi tow2ote
country and it has become necersafy to inspire confideirce and credibility among the litigants of commerciat disputes;
AND *HEREAS rapidry changing economic activiry demands expeditious settlement of disputes and creation and estabiishment of
i nstitutional arbitration;
AND WHEREAS the Internationar centre for Arternative Dispute Resolution was set-up in the year 1995, under the aegis ofthe central covemment and registered under the societies [egistration e.i 2l of l8r 1860, with the objective of promoting arternuive dispute resorution mechanism and providing facilities for the same;
AND WHEREAS trre Internationar cenme for Alternative Dispute Resolution has received land and substantiar funding by r*uy oig*or, and other benefits from the central covernmen,{{^{{FOOTNOTE *}}}} ro, J**iog infrastructure and making other facilities;
AND WHEREAS the r ntemationar centrc for Alternative Dispute Resolution has not been abre to activery engage and ernbrace developments in the aftitratio'l ecosys8em and to,,".t. a reputation par excellence keeping pace with the dynamic nsture of arbitration
over more than two decades;
AND WHEREAS studies conducted by the High powcred committee appointed by the centrat Govemment indicate that the International centrr forAltemativc Dispute Resolution has failcd to addrcss the growing needs of the institutional arbitration and atso to bear optimum caseload and to become bettcr choice to the parties for
arbitration;
aND \THEREAS it has becomc expedient to take over the undertakings of the International centre for Alteruative Dispute Resolution including its regional officcs without inrcrfering with its activities and withoutadversely affec.ting its draracteras a societyuut to utilise its existing infrasructure and other facilities which have been sct-up by using tfie public funds provided by the Government and to incorporate a robust institution for dornestic and internationat arbitratioh to be known as tre New Delhi International Arbitration
Centre;
EdsrrqlTsrd, frii6 10 qr 2ot e
tzo (ts) AND WHEREA$ it is oonsiderU necessary to declare the New Delhi Intemational Arbitration Centrc as an institution of national importance for its overall development as a major arbilration hub by promoting quick and efiiciont d i spute reso lut io n mechanism;
AND WHEREAS theNew Delhi lntemational Arbitration Centre Bill, 2018, to provide forthe aforesaid matter, har boen infioduced in
the House ofthe People on the5ftday of January,20lE and passed by
the House ofthe People on the 4n dayofJanuary,20lg and is pending
in the Council of States;
AND WHEREAS dre New Delhi Intcmational fubitration Centre Bill, 2019 could not be talceo up for consideration and passing in thc
Council ofthe Stetes;
AND WHEREAS Parliament is not in session and the President is
satisfied that circumstances cxist which render it necessary for him to
take immediac acthn;
' NoW, THEREFORE, in oxercise of the powers confened by
clause (l) of article 123 of tbs Constitution, the President is pteased
to promutgate tre following Ordinancc: -
CIIAPTERI
PRELIITilINARY
t. (f This Ordinance may bc called drc New Dclhi International Shortridcand
gommarccmqtt.
Arbitratioo Centre Ordinancc, 20 I 9.
(2J It shall come into fotce at once.
2; (Il In this Ordinanoe, unless the context o&erwise requires, - Dtfinitions.
(a)sCtuirperson" means the Chairperson of the Centre refered
to in clause (a) of section 5;
(b)"Chicf Exccutivc Oflicer'means the Chicf $(ecutive Officer
appointcd under scotion 2l;
(c)'Commiuee" rnEans releyant Commince of the Cenrre.
rcferred to in section 19;
420 (16)
, frqis toqr 2ole
(d)'Centre" means the New Delhi Intemationa[ fubitration
Centre established and incorporated under section 3;
(e) "Custodian" means the personwho is appointed as Custoiiian
under sub+ection (2). of section I I in respect of the undertakings;
(f)'Fund" means the Fund of the Centrc to be maintained under
section 25;
(g) "Member" means Pull-time or Part-tirne Member of dre
Ccntrc and includes the Chairperson;
(h) "notification" mesns E notification published in thc Oflicial
Gazette;
(i) "prescribed" means prcscribed by rules made by the Central
Goverirmcrrt undcr this Ordinance;
fi) "reguiations" rn€ars theregulationsmade bythe Centre under
this Ordinance;
2l oflt60.
(k) *Society" mesns the Intemational Centre for Alternative Dispute Resolution, registered as such under the Societies Registration Act, 1E60, and having its ttgistered offiee at New Delhi;
(l) "specified date" mcam the date as may be spscifred by ttre
Central Govemment by notification;
(m) "undsrtakings'' means the undertakings ofthe Society which
vests with the Cental Governrnent under section 7.
26 of 1996.
(2) All other words and expressions used hcrsin but not dofined - and defincd in the Arbitration and Conciliation Act, 1995, shall have
the sarne meanings as assignedtothem in that Act.
CIIAPTER II
ESTABLISHMENT AND INCORPORAIION OF NEW DELHI INTERNATIONAL ARBITRATION CENTRE
Esteblishmcnt
3. (l)Thc Ccntal Government shall, by notification, establish a bodyto be called ilre New Delhi lnternational Arbitration Centre for the pnrposes of exercising the powvs and discharging the fudctions
and incorpordion ofNar Dcthi Intenrxional
under this Ordinance,
, fu'-fi toqt2ole 420 (17) Arbitrrtion Ccntc.
(2) The Cen[e shall be a body corporatc by the narue aforesaid,
having perpetual succession and a comrnon seal with power, subject to tre pmvisions of this Ordinance, to acquire, hold and dispose of property, both movsbleand immovabler and to mtcr intocontract and
shall, by the said namq sue or be sued.
4. (l) Whcrcaq the objects of the New Delhi Interncional ryaf$91of Arbitration Centrre arc such as to rnake it as an instinrtion of national ll*1tI, irnportance, it is hereby declared that the New Delhi Intemational Arbilr*ioo Arbitr{{^{{FOOTNOTE *}}}}ion Cenbc is an institution of national imporance. ffi"X,t
aaiood importance.
(2) Thc hcad office of the Ccntre slull be at New Delhi and it may with thc prcvious approval of thc Centrd Govemmeo! Gs[ablish branches at other places in India qnd abroad.
5. Ttre Ctntne shall consist of ttre following Mcmbers, namely:- Compositioo of (a) a pcrson, \4rtlo has becn a Judge of the Supreme Court or a Judge of a Hi$r Court or an crninent Person, having spocial knowledgc and experience in the conduct ot administation of arbitratiot law or mamgem€nt, appointed by the Ccntral "-:' Govcmment in consultarion with tbe Chief Justice of lndia -
Chairperson;
(b) two eminent pelsons having substantial knowleilgc ud expericncc in institrutional arbitratior5 both domestic urd intenrational, appointed by thc Central Govemmstt-Futl-time or
, Pan-timc Mcmbcrs;
(c) one rcptescntative of e rccogniscd body of commercc and
irdustry, chosen on rotationsl basis by thc Central Crovonment -
*art+imcMcmbcr;
(d) Seq*ary, Depertrnent of Leget Afhirs, Ministry of l.aw and Justice or his rcpresentative not below ths rank of thc Joint
Secrctary - Membcr, ex-oficlo;
420 (1S) BfrIr€{qrd, frii6 I o qr 2ot e
(e) one Financial Adviser nominated by the Departmenr of
Expenditure, Ministry of Financc - Member, ex-oficio; and
of three years tom the date on which they enter upon their office and
Tcrms aud conditions ctc., of Chairpqson and Mombsrs.
other allowances as may be prcscribed.
CHAPTER Ut
ACQIIISITION AND TRANST'ER OF I'NDERTAIqNGS O[' SOCIETY
Transferaad vcstiog.
Gcneral cffect ofvcsting-
vehicles, cash balances, Funds including reserye funds, investruents and book deb,ts of the Society as form part of, or are rclatableto, thc
Society and all other rights and interestarising out of such propcrtios
420 (te)
Bffi€rrd{qqd, ftii-6 ro qT 2or e
the ownership, possession, powet or control of the Society, and all books of account, registers and all other documents of whatever nature relating thereto.
(2) AII properties and assets as aforesaid which have vested in the
Central Govemmeil undef section 7 shall, by force of such vesting,
be frecd and discharged from any trust, obligation, mortgag€, charge,
lien and all other encumbrances affecting them or of any attactrment,.
injunction, deqree or order of any €ourt or oilrer authority rcstrictirtg
the use of such properties or asse& in any manner or appointing any
receiver in respect of the whole or any part of such properties or assets
shall be deemed to have been withdrawn,
(3) /v-ry licence or other instnunent grankd to the Society in relation to ury undertaking which has vested in the Central Govemment under section 7 at any time More the specified date and in force immediuely before the specified dats. shsll continueto bc in
force on and after such day in accoodancc with its tenor in relation to and for trc purpose of such undertaking or urhcrc tlre undcrtaking is
directed under section 10, to vest in the Ccntre, the Centre shall be
deemed to be substituted in such liccnce or other instrurnent as ifsrch licenr,e or other instnrment had been grantd to the Centre ad the Centrc shall hold it for thc remainder of the paiod wttich the Sociay
would have hetd it under tlre tcrms thcrcof.
(4) lf, onthe specified datg any suil, appeal or other procoeding of whatevcr nau,re, in relation to any Foperty or assst which has vested in the Cenral Oovernment undcr section 7, instittttcd or prefened by or against the Socicty is purding, the same shall not abate, be discontinued or be, in aay way, prejudicially affected by reason of the tnansfer of the undertaking of the Socisty of anything
contained in this Ordinance, but the suit, appeal or otter procceding may bc continud prosccuted or enforced by or apinst thc Ccntral Government or where thc undcrtakings of the Sooiery arc dircstcd
undcr section 10, to vest in thcCentro, by or against the Centre.
9. Evory liability in relation to any undertaking in rcspect of any period prior to the specilied date sha[ be enforceable against the
Liability ptior to rp*ifiod datc.
Society and not againstthe Central Croremment
420 (2ol effiqlrGttqqd, ffid lo qr 2019
10. (I) Notwithstanding anything contained in seotions 7 and 8, the Central Covernment shall, as soon aq may be after the specified
datc, direct by notification, that the undertakings and the right, title
Powcrof Ccntrd Governmcnt to direct vesing ofundertaling in Certre.
and interest of the Society in reluion to such undertakings which had vested in the Cennal Government under section 7, shall, vest in tre
Centre either on the &itc of publication of thc notification or on such
earlier or later date as may be specified in the notification.
(2J Where the dght, title and interest of the fuciay in reldtion to the undertakings ves! under sub-section (1), in ilre Cenhe, the Centre
shall, on and from fire date of snch vesting, bc deemed to have become
the owner in relation to such undertakings andttre rights and liabilities
of the Central Crovernment in rcl*ion to such undertakings strall, on and from thti date of such vesting be deemed to have become, tre rights and liabilities, resp€ctively, ofthe Centre.
ll, (t) The general superintendence, direction, control and
managernent of affairs of the undertatings, the right tlre intercst in
Manqgcmcn( otc., ofthe undcrtakings.
reluion to which have vested in the Central Government under scction 7, shall-
(a) whcrc a dirccfion has' been made by the Central Government under sub-section (l) of section 10, vesl in the
Centre; or
(b) wtrere no such direction has been made by the Central Governmen! vest in the Custodian appointed by thc Central
Govemment under sub-scction (2),
and, thcrcupon, the Cantrc ortrc Custodian rc appointed, asthe csse may be, strdl be entitled to exeitise all such pou/ers and do all such
things as the Soci6ty, is authorised to exercise and do in rclationto its
undertakinp
Q) The Cenhal Government may appoint any pcnon as the Custodian of the undcrtakings iu relation to which no direction has bccn made by itundersub-sectkln (l) of section 10.
(3) TheCustodian so appointed stratl receive such rcmuneration as the Central Govemment rnay fix and shall hotd offrce during the pleasure of the Cenral Govcrnmcnt
, fuisloqt2ole t 420 (2tl
Duties of percons in charge of rosrlqgcnr€nt of undc*akings to dclivaall assgts.
L2. (l) On the vesting of the managemert of the undertakings in the Centre or on the appointment of a Custodian under sub-section (2) ofsection I 1, all persons in charge ofmanagernent ofthe undertakings irnmediately before such vesting or appointment shall be bound to deliver to thc Centre or Custodian, as the case may be, all ass€ts, books of acoount, registers and other documents in their custody
rclating to the undertakings.
(2) Tha Central Govemment may issue such directioils as, it may deem desirable in the circumstanees ofthe case to the Custodian as to the powcrs and duties of the Custodian and such Custodian may also, if it is considered necessary so !o do, apply to the Centrat Government at any time for instnrc,tions as to the manner in which the managemcnt ofthe undertaking shall beconducted or in relation to any other matter arising in fie courseof suctr management.
(3) Anyperson wlro on the specified date, has in his possession or undcr his control any books, documents or other papers relating to the undertakings shall be liable to eccount for thc said books, documents or other paperc to the Central Governmcnt or dre Custodian or the CenEe, as the case may be, and shdl deliver tlrem to the Central Goyernmcnt or the Custodian or 0re Cxntre or to such percon or body of pcrsons as the C.entral Governmcnt or the Ccntrc may speciS inthis bdulf.
be akcn, all neccssaty steps undertakings which have vestcd
fi) The Cemr:al Crovemment or the Centre may tske or ceuse to for securing possession of all in the Central Government or the
Cenhc undcr this Odinancc.
(5/ The Society shall, within such pedod as the Central Govcrnment may allow in this behal[ fumish to tru Govemmcnt a mmplete inventory of all its properties and assets, as otr the commcnoement of this Ordinance pertaining to the undertaking and for this purpose, thc Central Crovemment or Custodian or the Ccnfre shall afford to fte Socicty, or body all reasonable facilities.
13. The Centfal Government or the Custodian or the Centrc shall Ccrtain porrcra bc entitled to receive up to the specified datg to {re exctusioo of all $ffi";". other personsr ily rnoncy duc to the Sooiety in relation to its Ccorc.
420 (22) Effiqlr6{rqq{, ftiiq. 10 {r 2ot e
undemakings which have vested in the Central Governrncnt or Custodian or the Centre, ss the c"ase may be, and realised aftcr the
eornmencernent of this Ordinancc, notwithstanding tlrat the realisation penains to a pcriod prior to 6re comrncnccment of this
Ordinance.
14. The objects of the Cente shall be--
Objccts of Centrt,
(a) to bring targcted reforms to develop itself as a flag$ip
insitution for conducting intemational and domcstic arbikation;
(b) to promots r€search and study, providing teaching and training, and organising conforcnccs and scminars in arbitation,
conciliation, mediation and ottrer alternative dispute rcmlution
matters;
(c) to provide facilities and administr*ive assiSance for
consiliation, modiaion and aftihal pocccdings;
(d) to maintain pels of accreditcd arbiudors, conciliators and mediaton boft at national and international level or spccialists such
as surveyoni and investigatop)
(e) to collaborae wifi otherndional and intcrnational institutions aod organisdions for ensuring crcdibility of the Ccntle as a spccialised institution in rrbiradon and conciliation;
(0 to set-up facilitics in India and abnoad to pronote thc activities
ofthe Cenhe;
(g) to lay down pararnctcrs for different modes of attcrnative
dispute resolution mectranisms being adopted by ttrc Centrc; and
. (h) such othu objectives as it may deem frt with thc approval of the Central Governmcnt.
15. Without prcjudicc to thc provisions contained in sction 14,
Funaions of Ccntre.
the Centre shdl strivg -
(e) to facititete for conducting internationat and domestic
aibieations and conciliation in dre most profcssional manner;
(b) to provide cost effectirrc and timely seryices fot the conduct
of arbitrations and conciliations d national and interoational levcl;
420 (231
gffiqr, €{rqqd, fr{io 10 {.t 2o1 9
(c) to promorc studies in the field of altemarive dispute resolution and related mattelr, and to promote reforms in the systern of settlement of d isputes;
(d) to undertake teaching and to provide for diffusion of knowledge of law and procodur$ on altemative dispute resolution
and related mafiers and to award certificates and o(rer academic or professional distinction ;
(e) to impart training in alternative dispute resolution and relared matteni to those who are handling arbitdion, conciliation and
rnediation;
(0 to *opeot wifr other Societies, institutions ard
organisations, national or international for prcmoting alternative
dispute resoh.dion; and
(g) to perform such other functions as may be entrusted to it by fre Cenfial Govemment for pomoting altcmative dispute
rcsolution.
16. No act or procding of ttre CenEe shall be invalid merely by vrceucicq_dc'- ncoinvrll&e reason ot-
PmqPedlnglof (a) any vacancy in, or any defect in theconstitution of, the Centre; ccottr' or
(b) any dcfect in the appointnent of a person acting as a Mcmber
ofthe Centre; or
(c) any irrcgularity in the proccdure of the Centre not affecting
' thc merits of the qasc.
Resigr*ion of Mcrnbcrs.
17. The Chairperson or the Full+ime or Part-time Member may, by notice in writing, undcr his hand addrcsscd to the Central Government resign his office:
Provided that the Chairperson or the Full+ime Mernber shall, unless he is pemittcd by thc C-cntral Govemment to rclinryish his
office sooner, continue to hold office until the expiry of drree months
from the date of receipt of such notice or until 8 Person duly appointed
420 (241
sffiqrp6qqq1, frqis to ET 2ot e
as his successor eflters upon his office or until the expiry of his terrn of office, whishever is earlier.
18. (t)The Central Government may, remove a Member from his
Removal of Mcmbcr.
office if h+
(a) is an undischarged insolven{ or
(b) has engaged at any tirne (except Part-time Member), during his term of offrcc, in any paid employment;or
(c) has been convicted of an offence which, in the opinion of tre Cenral Governmen! involves moral turpifude; or
(d) has acquired sudr financial or other interest as is likely to affect prejudicially his functions as a Mernber; or
(e) has so abuscd his position as to render his continuance in office prejdicial to the public interes; or
(D has bccomc physically or mentally incapable of acting as a Member.
(2) Notwithstanding anything contained in zub.section (l), no Mcmber shali be removed from his ofFrce on the grounds specified in clauses (d) wd (e) of hxsub-section unless the Supremc Court, on a rcference being rnade to it in this bchalf by dre Central Govemment, has, on an inquiry, held by it in accordance with such procedure as may be prescribed in this behalf bythe Supreme Court, rcported tbat the Mcmber, ougftt on nlch ground or grounds to be rpmoved.
t9. (1) The Cente may constitutc such Committees as may be Commithos of Centre.
considered necessary to administer various aspects of its fimotions.
(2)Thecomposition and fundions of the Committees refcrred to in sub-ssction (1) stlall be such as rnay be prwcribed.
(3) The Commiuee strdl meet at such time and at such places and shall observe such rules of procedure in rcgard to the transastion of business at its meetingp includingthe quorum as may be specified by the regulations.
ZO. (I) The Chairperson shall ordinarily preside at the meetings of Meetings of Centre.
the Centre:
420 (2s\
effiurrd{rqq{, fr{ia 10 qI 2019
Ptovided that, in his absence, the Member chosen by the other
Members present amongst themselves shall preside at the meetings.
(2/ It drall be the duty of frre Chairperson to ensurc that the
dccisions taken bythe Cdntre are implementcd.
(3/ The Chairperson shall exercise such other powers and perforrn
such othet duties as ar€ assigned to trim under this Ordinance,
ft) TheCentre shall meet at least four times a year and follow such procedure in its meetings including quomm at suoh meetings in
such manner as may be specified by the regulations.
(5,) All questions which come upbcfore any meeting ofthc Centre
strall be-
(a) decidcd by a majority of votes by the Members prcs€nt and
voting, and in the event of ur equality of votes, the Chairperuon or
in his abserrce, the person presiding shall have a casting votc;
(b) dcalt with as expeditiously as possible and, the Centre shall dispose of the sarne within a period of sixty days from the date of receip of the application:
Provided that wherc any srrch applicatiwr could not bc disposed
of within the said p€riod of sixty days, the Centre shall record its reasclns in writing fot not disposing of thc application within tra perid.
(6/ The Chairpcrson may invite any exPcrt, not being a Mernber, to attend the rneedings of the Ccnfip, but such invitee shall not be €ntilld to vote at the me+ting.
Chicf Exectrivc Offlccr..
ZL. (I) Thcre sball be a Chief Exscutive Officer ofthe Ccntc who stull be responsible for day-to-day administration of thc Centrc and for this purpose, he shall rnainain liaison with the Cenhe and the
Secretariat.
(2) Theappointnent, quatifications and thetarms and conditiont of services of dre Chief Exocutive Officer shall be such as may be
specified by the rcgulations.
420 (26) B+trra{qq{, fui6 loqr 2ote
(3) The Chief Executive Officer shall exercise such powers and discharge such functiors :ts may be specified by the rcgulations or as may be delegated to him by the Centre.
Delegatioo of 22. The Centre may, for the purpose.of discharging of its powers, powtrs'
firnctions and duties,. by general or special ordcr in witlng, specify . the powers and duties conferred or imposed upon the Centre by or
under this Ordinance (except thc power to make regulations) which
mayalso be orctcised orperformed bythe Chief ExecutivrOlficer or any officer or ollicers of the Centrc and the conditious and r€srictions, if any, subject to wtrich the powers and duties may bc exercised and performed,
Sccrctariar- 23. (I)There shall be a Secretariat to the Ccntc consisting of-
(a) Registrar,wbo shall supervise the activities ofthe Centrc;
(b) Counsel, dealing with thc mattenr relating to domestic and
intemational arbitrationi and
{c) such number of othcr officers and em.ployees as may be
prescribed.
(2) The qualifications, expericncg method of selection and the
functions of the Regisrar, Counsel and odrerofiic€rs and ernployoes
strall bc sudr as day bc prrsoibed.
CIIAPTERIY
,ACCOU}IIS A}TDAITDU
Gnasby 24. The Central Government may, aftcr due appropriation mgde 3*.r. by Parliameut by law in tris behalt pay to the Centre in eech financial year such sums of money ard in such marmsr as it may think frt for beingutilised furthe Frposcs oftris fuinance.
Fund of 25. (1) The Ccntre strall maintain a Fund to which shall be ccntre' crcdited-
(a) all monies provided by fre Central Govcrnnrent;
(b) all fees and othcr oharges rcccived during or in connection
iilr thc arbitration, conciliation, mediation or other proceediogs;
(c) all monies rtceived by the Centre for the facilities prbvided
by it to the parties;
effiqrrd {qrr*, frti6'1 6 qq ro u 420 (27) (d) all monies received by the Cxntre in thc form of donations,
grants, coutributioos and inmme from other sources; and
(e) the amount received from the investmeit income.
(2) All monies crcdited to ttre Fund shall be deposited in such
banks or investod in such fianner as may be decidod by tre Cenre .
(3) The Fund shall be applied towards meeting the salery and other allowaicre of Members and the exp€nses of the Cente including eipcnses incuned in the exercise of its powers and dischargc of its duties underthis Ordinance.
26. (1) Thc Ccntrc shall mcintaln propcr accounts ald othct Accounts and
audil
rclevant records and prepre an mnual stateinent of accounts, including thc balance shesq ir such form and manner as nray be prescribed in consulu,tion with tlre Comptroller ard Ar.ditor-Gcneral
of India.
(2) The aocrlwrs of th e C entre $al I be aud ited by the Comptrol ler
and Auditor-General of India ard any exparditure incuned by him in connedion with such audit sball be payable by *rc Centre to the Comptrollcr and Auditor-General of lndia
(r) TkCompholler and Auditor-Gerrerat oflndia and any percm appointed by him in connectist witr the audit of the accounts of the C€rttrc shall have the ssme rtghts, privileges and authority in connection with such urdit as the Comptmller and Auditor-Geraal of India has in coonection with thc ardit of frc Gorrmfilent sooounts, and, in particular, drall havo thc right to demand the production of books, arrcounts, cqrnected votrchers and other documents rnd pryers
snd to irupcct the offices ofthe Ccnte.
(4) Thc accounts of tlre Ccntre ascertified bythe Cornprollcrand
Auditor€eneral of India or any otret pemon appointed by him in this behalf together with the audit rcport thuest shall be forwarded annuatty to the Central Govrnmcnt andthe Centrat Governmcnt shall carrse the same to be laid before each House of Parliement.
2?. The assots snd tiabilitics in rclation to any undertaking under A$etrncot of dris Ordinancc shall bc causcd to be assessed by any agercy iitr-#; authorised by thc Comptroller and Auditor-Cmtal of lndia il such undatslio& manner as may be specified by him and any paymcot on a claim to be
420 (281 6ffiella{rqqd, friifi I o q.r 20 l e
made in relation tlrcreto shall be sefll€d by him between the Society and the Cenbal Govemmefit and shall be paid by the Society or the Central Covernrnen! as the csse may be, in the manner a.s may be
specified by the Comptrollerand Auditor-Ceneral of India.
CHAPTER V
CHAMBER OF ARBITRATION ANI} ARSITRATION
ACADEMY
28,(I)The Centre shall establish a Chamber of Arbitration which
Charnbcr of Arbitratisr.
shall ernpanel the Arbitrators and also scrutinise the applications for
admission in the panel of reputed arbitraors to rnaintaina punrurent
panel of arbitrators.
(2) The Chamber of Arbitration shall consist of expericnced atbitrdion practitioners of rcpute, at national and international level
ard persous having wide experiencc in the arca of dtemntive dispute
resolution and oonciliation.
(i) T. e Centre shalt by regglations lay down the criteria for admission to the pancl ofthe cadre so asto rnainuin a pool of rcputed arbitrators having expeilise in intemationa[ commercial utrinafion
and arbfuation other than intemalional commercial arbitration.
(4) the Registrar to the Secretstiat of the C-cntne shall rct as the
Memher-Secr€tary to thc Chamber of Artitration.
Arbitrstion
29. (I) The Ccnre may cstablidr an Arbitration Academy-
Academy.
(a) to train the arbir*ors, particulaily in the area of international comme,rcial arbitration to compete on par wittr dre rcputed intemationat arbitral insitutions;
(b) to conduct research in the area of alternative dispute
resolurtion and allied area$ and
(c) to give suggpstions for achieving thr oblxtives of the
Ordinance.
sdq{G {Erq-d, frci6 I o XT 2ot e
420 (2e) submit a report to the Centre with respect to the arnendments, if any, necessary to the rules and regulations pertaining t,o the Ordinance.
CHAPTER VI
. mscprtAriEous
30. (t)The Central Govemrnent may, by notification, make rules Powcrtornakc
,rules.
to carry out the provisions of this Ordirunce.
(2) In particular, and wirlrout prejrrdice to the geuerality of the
forcgoing power, such rules rray make pmvision for-
(a) the terms and conditions md the salary and allowanses payable to the Chairperson and Full+ime Member under sub-scction (2) of scction 6;
(b) the Uavelling and other allowances payable tothe Part-time
Member under sub-scc[ion (4) of section 6;
(c) thc composition and flrnctions of the Comrnitoes refened
to in sub-section (2) of section 19;
(d) ee numbcr of offrcers and employees of thc Secretari* of
the Centrc under clause (c) of sub-scction (l) of sectio{ 23;
(c) the qualificationi, experience, rnethod of $cledaon and the functions ofthe Registrar, Cormsel and odrer olficers and employecs
of the Cenue under sub.s€ction (2) of scction 23;
(0 annual statem€nt of accounq including the balurce shect
under subsection (1) of section 26; and
(g) any oilrer nutter inrcspect of wbich provision istobe made
ormay be made undertlris Ordinance.
3I. (1 ) The Cenfre may, with the pruvious approval of ttre Ccntral Power to make Govcrnrucnt, by notification, make regulations coniistent with this regrlrtiocs' Ordinancc arid the rules made thereunder to prcvidc for all matters for which provision is necessary or expedicnt for the purposes of giving
effecr to the purposes of this Ordinance.
(2) ln partidar, and without prejudic+ to the gencrality of the
foregoing powcr, such regulations may make provision for- .
(a) the time and place and the rules of procedure to be observed in regard to the transaction of business of the Commiuee at the meetings including the quorum under sub-sectim (3) of secrion l9;
(b) the tirne and place and rules of procedurc in regard to the tansaction of busihess of thE Centrc or any Committee including the quorum atthe meeting under sub-section (4) of scction 20;
(c) ttre appointnent, qualificuions and tlre terms and gonditions of service of the Chief Executirrc Officer under sub-section (2) of section 2l;
(d) the powers and functions of the Chi ef Executi ve Offi cer u nder
sub-section (3) of section 2l;
(e) the criGria for admission to the panel of reputed arbitators
under sub-section (3) ofsection 28; and
(0 uy other rnater in rcspect of which provision, in the opinion
ofthe Centre, is necesssqt forthe performance of its functions under this Ordinance.
Laying oF rulcs md rcgulatious.
32. Every rulc and regulation made underthis Ordinance shall be laid, as sofii as may be aft€r it is madc; before each House of Parliament wfrile it is !n session, fora total period ofttrirtydays which may be compriscd in onc session or in nro or more succcssive sos$ions, and if, before the cxpiry of the session immediately following the scssion or the successive scssioos aforesaid, boilr Houses agree in rnaking any modificdion in the rule or rcgulation or
both Houses agtee that the rule or rregulation should not be made, the
rule or regulation shall thereafter havc effect only in such modified
fonn or bc of no effoct as the case may be; so, however, that any such
modification or annutment shall bc without prejudice to the validity of anlhing previously done under tJrat rule.or rcgutatim.
Pmtection of action laken in
good faith.
33. No suiq prosecution or other legal procedings shalt lie against the Centre, thc Chairperson or Members or its employee and arbitrators for anytlring which is iu good faith done or intcnded to be done under this Ordinance or the rulee or regulations madc
thereunder.
31. (U If any difficutty arises in giving elfcct to the provisions of this Ordinancr, thc Central Govsmment may, by ordcr published in
Powcr to rcmgvc difficulty.
the Ofiicial Gazette, make such provisions, not inconsistent wilh the
ri#{m.qis 'ffi/Ed/oef 2or3-2ots." "R-q+s +€ + w<.fu sr* go* ;FrE grrdr{ (t+r sr+ftm's )+ isur ig qm. x'qis d.z-zz-6*itq .rre / rr ft. Q. ftdr{, ffis
3o-05-2oor."
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qar,n,fr
xqissrzz/S.tzlzt-aln./o.rr./rl.-rnravr*n,ftfusltrqqd*rflq,furfrfrqrr+q*mcisNo.2(10)ll9- Leg.I,No.2(14/19-Leg.I,No.2(ll)/19-Leg.I, No.2(8)/19-Leg.I(dNo.2(l3yl9-Lee.I,r$€d,frqifios-o:-zorsteuqvr iAdft*nQft+{dsnitrd terH-cl efitsfq, 201e (iF. 1r q120re)\rd<{rqvdererRurffHa-6r0fugr:u-*rRrafivrdt.
u*erc t rrqcrd t crc t aQn sn?qrgqR,
T{q g;cn argn, erftfrm ufua.
IVIINTSTRY OF LAW AND JUSTICE
(Legislative DePartment)
New Delhi, the2nd March,20lglPhalguna 11, 1940 (Sata)
rHEHoMo*.^.*;srffiHr,:;o,ilclL(AMENDMENT)
promutgated b, ,,r"ti*U;rT'13.* seventisth Year or
theRepublic of India
An ordinance further to ameud the Homoeopathy Central
Counoil Act, 19?3.
. WHEREAs Parliament is not in session and the hcsidcnt is satisfied thatcircumstances exist which render it neoessary for him to take immcdiate action;
Now, TupnrronB, in otercise of the powers conferred by clause (l) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:-
1, (1) This ordinance may bc catled the Homoeopathy Short titlc and co{nmfioem€rlt 420 (33)
420 (t4l ut*qlr€rrqqa, frrio ro Er zors
enrgnlmcnr orr "t,:ttrSecytiOn 3A of itc Horrocop$y Centril Csuncil se of tra. scction 3A' *S lrT?,, in sub,seciion p), for thc *o,di .\ritlrio , pd; ' , of one yeaf', the words'vithin a period of two ycarsi' ,tr"tl
bG substitrrted
RAM NATI{ KOVIND, President.
DR. G. NARAYAI'IA RAJU, Seoetary to the Govt. of India
rtamc, grr aur *w srq fr, BaftwB eRr
trfu{r.cis 'ffiwrs/gf / oo f zo rs -zots." 'ffi{ +€ + qrfrrid g16 g6* ilrq UIrdrt (fqqr er+f+-e )+ isul
fu qm {{^{{FOOTNOTE *}}}}ui5 6.r-rr-ufrsrc ,rva / :s ft. t. frdr$, fr{i'-{
30-os-2001."
fu 1ts[rtEt
(wqrqruUr)
qrf.rfiR H rorfqrd
rqis zro-D l 2ors - QE 20, qEfi re4r
tdfu tsftfur{u,,dfttilrr
+iTtErq, 16TA IEFT, sr&TitIR, {-qg{
warin,frqi6 toqr20le
rqi+sazz/S.ttlzr-alvr..lv..tt.lrs.- qnavr+n,frfuetqq{{rdq,frerrsftqFl*q*xcifiNo.2(t0lt9- Leg.I,No.2(14/19-Leg.I,No .2(llyl9-Leg.I, No.2(8/19-Leg.I \H No.2(13/19-Leg.I,r{ftd,ftqis os-os-zotstor$siur frAltqrar+Hfu++€ (srH-c) ffi+q, zors (s. r2vt20re ) vd
udmrqtrrsqrdtarntaweGwqvn,
c{c A;cR urgn, vftk vfu*.
MINISTRY OF LAW AND JUSTTCE
' (LeglslatlveDepartment)
New Delhi, the Znd March,ZllgtPhatguna I l, 1940 (Sata)
TI{E SPECIAL ECONOITIIC Z0NES (AMENDMEMD
ORDINA}.ICE,2019
No.12 OF 2019
Promulgated by thePresidentinthe Seventieth year of the
Republic of India-
fur Ordinance firtlrer to amend tre Special Economic Zores Act,
2005,
i
'ni/HEREAs Parliameot is not in session and the Fresident is satislied trat circumstances exist which rcnder it necessary for him to take imnrediate action;'
Now,tttgREFopc! inexercise of ttre powers confened by claue (l) qf article 123 of the constitutiorl the president is pleased to
promulgate the following Ordinancc;-
mntmcncemcot (Amcndment) Ordinance, 2019,
lzo (:s)
- {{^{{FOOTNOTE 0}}}}) Ihis Ordinance may be called the Special Economic Zones shorr ritre md (2) It shall come into force at once. ↩
420 136) Edsrr6trerd, ffi{ toqr2ole
Arrlrd
- & In section 2 bf the Special Economic Zones AcE 2005, in
clause(vf
*c{ix2ofAd 28 of20llJ.
(0 after tre words 'locai urthmity', the words ,lor trust or any €ritty as may be notified by the C€mtral Govemmenf'shall be inscrtod;
(ir) for the rronls "authority or company", the wor&
"auftuity, courpsny, trust or entity" shall be sub$ituted.
RAM NATH KOVIND, sident.
DR. c. NARAYAI.IA RAJU, Seaetrt to tlrc Gwt. of India
darr*,gurarnt**m,