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MINISTRY OF LAW AND ruSTICE (Le gislative Deparment)

New Delhi, the 18th September, 2019/Bhadra 27, 1941 (Saka)

Trm PROHIBITION OF ELECTRONIC CTGARETTES (PRODUCION, MANUEACTURE, IMPORT, EXPORT, TRANSPORT, SALE, DISTRIBUTION, STORAGE AND ADVERTISEMENT) ORDINANCE, 20 19

No.14OF2019

Promulgated by the President in the Seventieth Year of the Republic of India.

An Ordinance to Prohibit the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes in the interest of public health to protect the people from harm and for matters connected therewith or incidental thereto;

, WHEREaS India is a signatory to the World Health Organisation Framework Convention on Tobacco Control adopted in Geneva, Switzerland on 21st day of May, 2003 which came into force on the 27th day of February, 2005;

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AND WHEREAS the Confbience of parties established under article 23 of the said convention took a decision on the ¹⁸'h day of October, ²⁰¹⁴ to invite the parties to the Conveqtion to consider prohibiting or regulating the electronic cigarettes or the Electronic Nicotine Deliveiy Systems and the Electronic non-Nicotine Delivery Systems, including as tobacco products, medicinal products, products or other categories, as appropriate, taking rlto, alcount a high level of protection for human health;

AND WHEREAS the Conference of parties took a decision to urge the Parties to the convention to consider banning or reskicting advertising, promotion and sponsorship of the iaid Delivery Systems;

AND WHEREAS since these devices are injurious to health and proliferation.of these products has negative impact on public health, it is expedient to prohibit- the production, manufacture, irrrporL export, transport, sale, distributioq storage and advertisement of electronic cigarettes as enjoined by article 47 of the Constitution of India;

AND WHEREAS article 51 of the Constitution of lndia requires the State to endeavour to foster respect for international law and treaty obligations in the dealings of organised peoples with one another;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary forhim to take immediate action;

Now, THEREFoRE, in exercise of the powers conferred by clause (1) of article ¹²³ of the constitution, the president is pleased to promulgate the following Ordinance.-

Short title and commeniement.

-

and

¹. (/) This Ordinance may be called the prohibition of Electronic Cigarettes (Production, Manufacture, knport, P*porq Transport, Sale, Distibution, Storage

Advertisement) Ordinanc e, 2019.

(2) It shall come into force at once.

. ². It is hereby declared that it is expedient in the public interest that the Union should take under its control the electronic cigarettes i"du.t y,

Declaration as to expediency ofcontrol by Union.

Definitions.

3. In this Ordinance, unless the context otherwise

requires,- uffiwc {rqrd, fus 3 i{ewq 2s 1 e

16s2 (1) {a) "advertisernent" means ar,y audio or visgal publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic med.ia, intemet orwebsite or social media and includes through any notice, circular, label, wrapper, invoice _or other document or device;

(D) "authorised officer" means-

(i) any police officer not below the rank of sub-

inspector; or;

(il) any other officer, not below the rank of sub- inspector, authorised by the Central Government or the State Government by notification;

(c) "distribution" includes distribution by way of samples, whether free or otherwise and the expression "distribute,, shall be construed accordingly;

23 of 1940 (@ "electronic cigarette" means an electronic device that heats a substance, with or without nicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices, by whatever name called and whatever shape, size or form it may have, but does not include any product licensed under the Drugs and Cosmetics Act, 1940.

Explanation-For the purposes of this clause, the expression "substance" includes any natural or artiflcial substance or other rnatter, whether it is in a solid state or in liquid forrn or in the form of gas or vaponr;

(e) "export" with its grammatical variations and cognate expressions, means taking out of India to a place outside India;

(l) "imporf'udth its grammatical variations and cognate expressions, means bringrng into India from a place outside India;

k) "manufacture" means a process for making or assembling electronic cigarettes and any part thereof, which includes any sub-process, incidental or ancillary to the manufacture of electronic cigarettes and any part thereof;

(h) "notification" means a notification published in the

Official Gazette;

t6s2 (2)

, ffi-s 3Qiqqr2ote

-- (i) "person" ineludes-

(r) aly individual or group of individuals; (ii) a firm (whether registered or not); (iii) aHindu Undivided Family; (lv) a trust; (v) a limited liability parrnership; (vi) a co-operative society; (vii) any corporation or compauy or body of

individuals;and

(vii) every artificial juridical person not falling

within any of the preceding sub-clauses;

A "place" includes any house, room, enclosure, space,

conveyance or the area in like nature;

(t) "production' with its grammatical variations and cognate expressions, includes the making or assembling of electronic cigarettes and any partthereof;

(I) "sale" with its grarnmatical variations and cognate expressions, means any transfer of property in goods (including online transfer) by one person to another, whether for cash or on credit, or by way of exchange, and whether wholesale or retail, and includes an agreement for sale, and offer for sale and exposure for sale.

4. On and from the date of commencement of this

Ordinance, no person shall, directly or indirectly,-

Prohibition on productior5 manufacturing, import, export transport, sale, distribution, advertisemEnt ofelectronic cigarettes.

(r) produce or manufacture or import or export or transport or sell or distribute electronic cigarettes, whether as a complete product or any part thereof; and

(ii) advertise electronic cigarettes or take part in any advertisement that directly or indirectly promotes the use of electronic cigarettes.

Prohibition on storage of electronic cigarettes.

5. On and from the date of commencement of this Ordinance, no person, being the owner or occupier or having the control or use of any place shall, knowingly permit it to be used for storage ofany stock ofelectronic cigarittes:

Bdiqrravqqr, AHis 3 ftveq 261 e

16s2 (3) Provided that any existing stock of electronic cigarettes is-on the date of the colnmencement of this Ordinance kept. for sale, distribution, transport, export or advertisement shail be disposed of in the

hereinafter specified-

1nannff

(a) the owner or occupier of the place with respect to

the existing stock of electronic cigarettes shall, suo moto, . prepare a list of such stock of electronic cigarettes in his pOssession and without unnecessary delay submit the stock as specified in the list to the nearest office of the authorised officer; and

(D) the authorised officer to whom any stock of electronic cigarettes is fonvarded under clause (a) shall, with all convenient despatcir, take such measures as may be necessary for the disposal according to the law for the time being in force.

6. (/) An authorised officer, if he has reason to believe that any provision of this Ordinance has been, or is being contravened, may enter and search any place whsrc-

Power to ente!, search and seize without warrant.

(a) any trade or coflrmerce in electronic cigarettes is ca:ried on or electronic cigarettes are produced, supplied, distributed, stored or transported; or

O) any advertisement of the electronic cigarettes has

been or is being made.

(2) After completion of the search referred to in sub- section (/), the authorised offrcer shall seize any record or property found as a result of the search in the said place, which are intended to be used, or reasonably suspected to have been used, in connection with any matter referred to in sub-section (/) and if he thirks proper, take into custody and produce, along with the record or property so seized, before the Court of Judicial Magi.strate of the first class, any such person whom he has reason to believe to have cornmitted any offence punishable under this Ordinance.

(3) Where it is not practicable to seize the record or property, the officer authorised under sub-section (/), may make an order in writing to attach such properly, stocks or records maintained by the producer, manufacfurer, importer, exporter, transporter, seller, distributer, advertiser or stockist about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with any offence in contravention of the provisions of this Ordinance and such t⁶s² (⁴¹ Edqqqttqq{, ftcis r ftmqt zors

order shal¹ be binri-ing on the person connected with the said offence.

2 of 1974 (4) All -searches, seizures and attachment under this section shall be made in accordance with the provisions of the Code of Criminal Procedure,19i3.

Punishment for contravention of section 4.

7. Whoever contravenes the provisions of section 4, shall be punishable with imprisonment for a term which may Oxtend to one year or with fine which may extend to one lakh rupees, or with both, and, for the second or subsequent offlence, with imprisonment for a term which may extend to three years and with fine which may extend to five lakh

rupees.

Punishment for contravention of section 5.

8. Whoever confuavenes the provisions of section 5, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to frfty thousand rupees or with both.

Jurisdiction and trial of offences.

9. (/) Aay person committing an offence under section 4 or section 5 shall be triable for such offence in any place in which he is liable to be tried under any law for the time being in force.

2 of 1974.

Power to dispose ofstock seized.

2 of 1974.

Offences by Companies.

Biftrrrr€ rtqq{, fu'-6 s ftsqt zors

r6s2 (s) ..(?) Notwithstandmg anything contained in sub-section (/), where an offence under this Ordinance has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such directol manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Explanation

the purpose of this sectioft.-

-For

(a) "company'' means any body corporate and

includes a frrm or other association of individuals; and

(b) "director" means a whole-time director in the company and in relation to a firm, means a partner in the firm.

Cognizance of offences.

12. No court shall take cognizance of an offence punishable under this Ordinance, except upon a complaint in writing made by an authorised officer under this Ordinance.

2 of 1974.

Offences to be cognizable.

13. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, anoffence under section 4 shall be cognizable.

14. Save as otherwise orpressly provided in this Ordinance to have overriding effect.

Ordinance, the provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Application of other laws not

barred.

15. The provisions of this Ordinance shall be in addition to and not in derogation of the provisions of any other law for the time being in force prohibiting production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes.

of in

Protection action taken good faith.

16. No suit, prosecution or other legal proceeding shall lie against the Central Govemment or any State Government or any offrcer of the Central Governmert or any State Govenrment for anything which is in good faith done or intended to be done under this Ordinance.

17. (1) If any difficulty arises in giving effect to the Power provisions of this Ordinance, the Central Govemment may, remove Ly un order published in the official Gazette, make such difficulties' ¹⁵s² (⁶) en#qrreruq*, ft{q 3 fulr1 261e

.provision not inconsistent with the provisions of this Oidirance, as may-appear to be necessary or expe

(2) Every order made under this section shall be laid,_as soon as may be after it is made, before each-House of

Parliament.

RAMNATH KOVIND, President.

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

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MINISTRY OF LAWAND ruSTICE

(Le gislative Department)

New Delhi, the 2 0th September 2 0 I 9/Bhadra 2 9, I 94 I (Saka)

Promulgated by the President in the Seventieth Year of the Republic of India.

An Ordinance further to amend the lncome-taxAct, 1961 and the Finance (No. 2)

Act2019.

circumstances exist which render it necessary for him to take immediate action;

Now, TI#REFoRE, in exercise of the powers conferred by clause ( I ) of arti cle ¹²³

of the Constitution, the President is pleased to promulgate the following Ordinance :-

l. (l) ThisOrdinancemaybecalledtheTaxationLaws(Amendment)Ordinance,20l9. (2) Save as otherwise provided, this Ordinance shall come into force at once.

t6s2 (71 l6s2 (8)

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CHAPTER II "-- --

lxucNoMENTS IN THE INCoME-TAx ACT, r96t

41.of 1961.

Amendment of section 928A..

2. In section 92BA of the Income-tax Act, 1961 (hereafter in this Chapter referred to as the Income-tax Act), after clause (v), the following clause shall be inserted with effect iiom the lst day ofApril, 2020,name1y:-

" (va) any business transacted between the persons

referred to in sub-section (4) of section 11 5BAB;".

3. In section 1l5BA of the Income-tax Act with effect from

Amendment of section 115ElA. the lst day ofApril,2020,-

(a) for the marginal heading "Tax on income of certain domestic companies", the marginal heading "Tax on income of certain domestic manufacturing companies,'

shall be substituted;

(6) in sub-section (1), for the words "subject to the other provisions of this Chapter", the words, figures and letters "subject to the other provisions of this Chapter, other than those mentioned under section ll5BAA and section 115BAB" shall be substituted;

(c) in sub-section (4), after the proviso, the following

proviso sha1l be inserted, namely:-

"Provided further that where the person exercises option under section 115BAB, the option under this section may be withdrawn.".

Insertion of new sections ll5BAA and

4, After section ll5BA of the Income-tax Act, the following sections shall be inserted with effect from the lst day of April, 2020, namely :-

I15BAB.

Iax on lncome of certain

domestic

companies.

"l I5BAA. (,¹) Notwithstanding anything contained in this Act but subject to the provisions of this Chapter, other than those mentioned under section ll5BA and section ll5BAB, the income-tax payable in respect of the total income of a person, being a domestic company, for any previous year relevant to the assessrnent year beginning on or after the lst day of April, 2:020, shall, at the option of such person, be computed at the rate of twenty-two per cent., if the conditions contained in sub-section (2) are

satisfied.

(2) For the purposes of sub-section (1), the following conditions shall apply subject to the condition that the total income of the company has been computed,- er#srr€ rtqqd, ffi-d 3 fr*iwq 26 1 e

t6s2 (e) \ (i) without any deduction under the proviJhns-of

-\ section 10AA or clause (iia) of sub-section (1) of \-

section ³² or section 32AD or section 33AB or section . ' ³³ABA or sub-clause (ii) or sub-clause (fia) or sub- clause (iii) of sub-section (1) or sub-section (2AA) or sub.-section (2AB) of section 35 or sectiori-35AD or section 35CCC or section 35CCD or under any provisions of Chapter VI-A under the heading*C.- Deductions in respect of certain incomes" other than the provisions of section 80JJAA;

(if) without set off of any loss carried forward from any earlier assessment year if such loss is attributable to any ofthe deductions referred to in sub-clause (f); and

(4) Nothing contained in this section shall apply unless the option is exercised by the person in the prescribed manner on or before the due date specified under sub- section (/) of section 139 for furnishing the retums of income for any previous year relevant to the assessment year commencing on or after lst day of April, 202A and such option once exercised shall apply to subsequent

assessment years:

¹¹⁵BAB.(¹) Notrvithstanding anyttring contained in Ta{{^{{FOOTNOTE *}}}} $r income this Act but subject to the provisions of this Chapter, other of certain new than those mentioned under section ll5BA and section oomestrc. ¹I⁵BAA, the income-tax payable in respect of the total [T;:X,H'" . income of a person, being a domestic company, for any previous year relevant to the assessment year beginning on or after the lst day of April, 2020, shall, at the option of such person, be computed at the rate of fifteen per cent., if the conditions contained in sub-section (2) are satisfied.

(2) For the purposes of sub-section (1), the following

conditions shall apply, namely:-

16s2 (10)

iffiflqrc{Fffid, ft

(a) the company has been set-up and regis-terc{ on

-\ or after the ¹st dry of Octobei, 2}if: and ils-=_

cornmenced manufacturing on or before the 31st day of March,2\23,ffid,-

O is not formed by splitting up, or the

reconstruction, of abusiness already in existence:

Provided that this condition shall not apply in respect of an undertaking which is formed as a result of the re-establishment, reconstruction or revival by the person of the business of any such undertaking as is referred to in section 33B, in the circumstances and within the period specified in the said sectionr

(i, does not use any machinery or plant

previously used for any purpose.

Explanatiorz 1.-For the purposes of sub-clause (il), any machinery or plant which was used outside India by any other person shall not be regarded as machinery or plant previously used for any pu{pose, if the following conditions are firlfilled, namely:-

(A) *tch machinery or plant was not, at any time previous to the date of the installation by the person, used in India;

@/ such machinery or plant is imported into

India from any country outside India; and

(C) no deduction on account of depreciation in respect of such machinery or plant has been allowed or is allowable under the provisions of this Act in computing the total income of any person for any period prior to the date of the installation ofmachinery or plant by the person.

Explanatiorz 2.-Where in the case of a person, any machinery or plant or any part thereof previously used for any purpose is put to use by the company and the total value of such machinery or plant or part thereof does not exceed twenty per cent. of the total value of the machinery or plant used by the company, then, for the purposes of sub- clause (ii) of this clause, the condition specified therein shall be deemed to have been complied with;

Efuc{qq*, frri6rfrq€izors l6s2 (tl) as

(iii) does not use any building previously used a hotel or a convention centre, as the case may

be.

Explanation.-For the purposes of this sub- clause, the expressions "convention centre,, and "hotel" shall have the meanings respectively assigned to them in clause (a) and clause (b) of sub- section (6) of section 80-ID;

(b) the company is not engaged in any business other than the business of manufacture or production of any article or thing and research in relation to, or distribution of, such article or thing manufactured or produced by it; and

(c) the total income of the company has been

compute{-

(i) without any deduction under the provisions of section ¹⁰AA or clause (ifa) of sub-section (1) of section 32 or section 32AD or section 33AB or section 33ABA or sub-clause (if) or sub-clause (ira) or sub-clause (ifr) of sub-section (1) or sub-section (2AA) or sub-section (2AB) of section 35 or section 35AD or section 35CCC or section 35CCD or under any provisions of Chapter VI-A under the heading "C.-Deductiow in respect of certain incomes" other than the provisions of section

SOJJAA;

(fi) without set offof any loss carried forward from any earlier assessment year if such loss is attributable to any of the deductions referred to in sub-clause (r); and

(fir) by claiming the depreciation under section ³², other than clause (iia) of sub-section (/) of the said sectioq determined in such manner as may be prescribed.

(³) The loss referred to in sub-clause (fi) of clause (c) of sub-section (2) shall be deemed to have been already given fuIl effect to and no further deduction for such loss shall be allowed for any subsequent year.

(⁴) Where it appears to the Assessing Offrcer that, owing to the close connection between the company and any other person, or for any other reason, the course of business between them is so arranged that the business t6s2 (tzl

, frHi-s3ftsqq261e

transacted between them produces to the company more - than.the ordinary profits which might be expected to arise, the Assessing Officer shall, in computing the profits and .gains of such company for the pu{poses of Uris section, take the amount of profits as may be reasonably dbemed to have been derived therefromt .- ,

Provided that in case the aforesaid arrangement involves a specified domestic tansaction referred to in section 928A, the amount of profits from such transaction shall be determined having regard to arm's length price as defined in clause (ii) of section 92F.

(5) Nothing contained in this section shall apply unless the option is exercised by the person in the prescribed manner on or before the due date specified under sub- section (1) of section 139 for furnishing the first of the retums of income for any previous year relevant to the assessment year commencing on or after lst day of April, 2020 and such option once exercised shall apply to subsequent asse ssment years :

Provided that once the option has been exercised for any previous year, it cannot be subsequently withdrawn for the same or any other previous year.

Amendmdnt of 5.In section ll5JB of the Income-taxAct, with effect from section 1l5JB' the lst day ofApril,Z02O,-

(a) in sub-section (/), the following proviso shall be

inserted, namely:-

"Provided that for the previous year relevant to the assessment year commencing on or after the lst day of April, 202A, the provisions of this sub-section shall have effect as if for the words "eighteen and one-half per cent.", occurring at both the places, the words "fifteen per cent." had been substifuted.";

(b) for sub-section (51), the following sub-section shall

be substituted, namely:-

"(5A) The provisions of this section shall not apply

to,-

(r) any income accruing or arising to a company from life insurance business referred to in section I l58;

sdqqd rtqrrd, frci-6 3 ftnwq 26 1 e

r6s2 (13) . (fi) a person who has exercised the option referred to under section 115BAA or section

I 158AB.".

Amendment of section I l5QA- 6. tn section ¹¹⁵QA of the lncome-tax Act, in sub-section (1), the following proviso shall be inserted and shall be deem'ed to have been inserted with effect from the 5th day of July, 2019, namely:-

l5 ofI992.

"Provided that the provisions of this sub-section shall not apply to such buy-back of shares (being the strares listed on a recognised stock exchange), in respect of which public announcement has been made before 5th day of July, 2019 in accordance with the provisions of the Securities and Exchange Board of India (Buy-back of Securities) Regulations, 2018 made under the Securities and Exchange Board of India Act,1992 as amended from time to time.

CHAPTER III AMENDMENTS IN THE FINANCE (No.2) Act,20t9

Amendment of Act No. 23 of 2019.

7. In section 2 of the Finance (No.2) Act,2019 [hereafter in this Chapter referred to as the Finance CNo.2) Actl, in sub_ section (⁹), with effect from the lst day ofApril, 2}lg,-

(a) in third proviSo,-

(i) in clause (a) for the words "the Income-tax Act,', the words, figures and letters "the Income-tax Act, not having any income under section llsAD of the Income-tax Act" shall be inserted and shall be deemed to have treen inserted;

(ir) after clause (a), the following clause shall be inserted and shall be deemed to have been inserted, namely:-

'(aa) in the case of every association of persons or body of individuals, whether incorporated or not, having income under section ll5AD of the Income- taxAct-

(D at the rate of ten per cent. of such "advance tax", where the total income exceeds fifly lakh rupees, but does not exceed one crore

rupees;

(ii) at the rate of fifteen per cent. of such "advance tax", where the total income exceeds one crore rupees but does not exceed two crore t6s2 (14)

, ffi63fr{r6q2619

rupees;

(iii) at the rate of twenty five per cent. of such "advance tax", where the total incdme [excluding the income of the nature referred to , in clause (D) of sub-section (1) of section 115AD of the Income-tax Act] exceeds two crore rupees but does not exceed five crore rupees;

(iv) at the rate of thirty-seven per cent. of such "advan@ tax", where the total income [excluding the income of the nature referred to in clause (b) of sub-section (/) of section llsAD of the Income-tax Act] exceeds five

crore rupees;

(v) at the rate of fifteen per cent. of such "advance ht'', where the total income [including the income of the nature referred to in clause (D) of sub-section (/) of section ll5AD of the Income-tax Act] exceeds two crore rupees but is not covered in sub-clauses (fii) and (fv):

Provided that in case where the total income includes any income chargeable under clause (6) of sub-section (1) of section 1l5AD of the Income-tax Act, the rate of surcharge on the advance tax computed on that part of income shall not exceed fifteen per cent.;';

(D) in the fourth proviso, for the words, brackets and letter "in (a) above", the words, brackets and letters "in (a) alnd (aa'¹above" shall be substituted;

(c) after the eighth proviso, the following proviso

shall be inserted, namely:-

"Provided also that in respect of any income chargeable to tax under section ll5BAA or section 115BAB of the lncome-tax Act, the tax computed under the first proviso shall be inqeased by a surcharge, for the pulposes of the Union, calculated at the rate of ten per cent. ofsuch "advanc€ tax".

⁸. In the First Schedule of the Finance (No.2) Act, with Amendment of effect from the lst day ofApril, zOLg,- Part II of First

Schedule.

uf,rqre rtqrd, H-s r ftsqr zor s

r6s2 (ls) (l) in PART II, under the sub-heading "surcharge on

income-tax", ip paragraph (i), in clause (a),-

(l) in sub-clauses I and II, after the words "aggregate of such incomes", the brackets, figures and letters "(including the income under the provisions of section 111Aand section ll2A of the Income-tax Act)t' shall be inserted and shall be deemed to have been inserted;

(ii) in sub-clauses III and IV, after the words "aggregate of such hlsomes" the brackets, figures and letters "(excluding the income under the provisions of section 111A and section 112A of the Incorne-tax Act),, shall be inserted and shall be deemed to have been

inserted.

(lff) after sub-clause IY the following sub-clause shall be inserted and shall be deemed to have been inserted, namely:-

*V. at the rate of fifteen per cent. of such tax, where the income or aggregate of such incomes (including the income under the provisions of section I llA and section ll2y'^of the Income-tax Act) paid or likely to be paid and subject to the deduction exceeds two crore rupees, but is not covered under sub-clauses III and tV):

Provided that in case where the total income includes any income chargeable under section lllA and section 112A of the Income-tax Act, the rate of surcharge on the amount of income-tax deducted in respect of that part of income shall not exceed fifteen per cent.;';

(B) in PART III, in Paragraph A, under the sub-heading

"Swcharge on income-tax", after the opening portion,-

(r) in clauses (a) and (6), after the words "having a total income", the brackets, words, figures and letters "(including the income under the provisions of section t 11A and section 1l2A)' shall be inserted;

(fi) in clauses (c) and (d), after the words "having a total income", the brackets, words, figures and letters "(excluding the income under the provisions of section 111A and section 112A)" strall be inserted;

(iir) after clause (d) and before the proviso, the

' following clause shall be inserted, namely:-

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':(e) having a total income (including the income urider the provisions of section 111A and section ll2A) exceeding two crore rupees, but is not bovered under clauses (c) and (d;, shall be applicsble at the

Provided ttrat in case where the total income includes any income chargeable under section 111A. and sectibn 112A of the Income-tan Acg the rate of sr.uctrarge on the amount of income-ta:r computed on that part of income shall not exceed fifteen per cent.;';

RAM NATH KOVIND, President.

DR. G. NARAYANA RAJU, Secretary n the Govt. of hdia.

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