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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Dethi, the 4th April, 202llChaitra 14, lg43 (Saka)
THE TRIBLINALS REFORMS
(RATIONALISATION AND CONDITIONS OF SERVICE) ORDINAN CE, 2021
No. 2 op 2021
Promulgated by the President in the Seventy-Second
Year of the Republic of India.
. An Ordinance further to amend the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers' Rights Act, 2001 and certain other Acts.
WHEREAS The Tribunal Reforms (Rationalisation and Conditions of Service) Bill, 20Zl has been introduced in the House of the People on the 13ft day of February,202l;
660 u
AND WHEREAS the aforesaid Bill,qould not be taken up for considerati6n and passing in the House of the People;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him 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:-
CseprBn I
PRsr-rvrNeRv
Short title and comrnencement.
1.(1) This Ordinance may be called the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance,202l.
(2) It shall come into force at once.
Definitions.
2.ln this Ordinance, unless the context otherwise
requires,-
(a) "notified date" means the date of
commencement of this Ordinance;
(b) "Schedule" means the Schedule appended to
this Ordinance;
CnaprsnII
AMENDIVmNTS To THE CINEMATOGRAPH ACT,I952
3. In the Cinernatograph Act, 1952,-
Amendment of Act37 of 1952.
(a) in section 2, clause (h) shall be omitted;
(b) in section 5C,-
(i) for the word "Tribunal", at both the places where it occurs, the words "High Court" shall be substituted;
(ii) sub-section (2) shall be omitted;
(c) sections 5D and 5DD shall be omitted;
(d) in section 6, the words "or, as the case may be, decided by the Tribunal (but not including any proceeding in respect of any matter which is pending before the Tribunal)" shall be omitted;
(e) in sections 7A and 7C, for the word "Tribunaf', wherever it occurs, the words "High
Court" shall be substituted;
660 (1)
,ffi toqq zozt
(0 in sections 7D, 7E and 7F, the words "the
Tribunal,", wherever they occur, shall be omitted;
(g) in section 8, in sub-section (2), clauses (h), (i),
O, and (k) shall be omitted.
CnRptsR IIr
AMENDMENTS TO THE COPYRIGHT ACT, 1957
3. In the Copyright Act,1957,-
Amendment of Act 14 of 1957.
(a) in section2,-
(i) clause (aa) shall be omitted;
(ii) clause (fa) shall be re-lettered as clause (faa) and before the clause (faa) as so re-lettered, the following clause shall be inserted namely:-
4 of 2016.
'(fa) "Commercial Court", for the purposes of any State, means a Commercial Court constifuted under section 3, or the Commercial Division of a High Court constituted under section 4, of the Commercial Courts Act, 2015;';
(iii) for clause (u), the following clause shall be
substituted, namely:-
'(u) "prescribed" means,-
(A) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(B) in other cases, prescribed by rules made
under this Act;';
(b) in section 6,-
(i) for the words "Appellate Board", wherever they occur, the words "Commercial Court" shall be substituted;
(ii) the words "constituted under section l l whose
decision thereon shall be final" shall be omitted;
660 (2)
fuirqq*,frqifi roqrzozr
(c) in Chapter ll, in the Chapter heading, the words
"AND APPELLATE BOARD" shall be omitted;
(d) s-ections 11 and 12 shall be oriitted;
(e) in sections 19A, 23, 3l,3lA, 3lB, 31C, 3lD, 32, 324 and 33A, for the words "Appellate Board", wherever they occur, the words "Commercial Court" shall be substituted;
for the
the words "Appellate Board", words "High Court" shall be
(f) in section 50, wherever they occur, substituted;
(g) in section.53A,-
(i) for the.words "Appellate Board", wherever they occur, the words "Commercial Court" shall be substituted;
(ii) in sub-section (2), the words "and the decision of the Appellate Board in this behalf shall be final" shall be omitted;
(h) in section 54, for the words "Appellate Board",
the words "Commercial Court" shall be substituted;
(i) for section 72, the following section shall be
substituted, namely:-
"72. (l) Any person aggrieved by any final Appeals against orders of Registrar of
Copyrights.
decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the High Court.
(2) Every such appeal shall be heard by a single
Judge of the High Court:
Provided that any such Judge may, if he so thinks fit, refer the appeal at any stage of the proceeding to a Bench of the High Court.
(3) Where an appeal is heard by a single Judge, a further appeal shall lie to a Bench of the High Court within three months from the date of decision or order of the single Judge.
650 (3)
gifurE {-qq{, fr{ifi I 6 o[.r 202 I
(a) In calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be
excluded.";
0) in sections 14 and, 75, the words "and the
Appellate Board", wherever they occur, shall be omitted;
(k) in section 77, the words "and every member of
the Appellate Board" shall be omitted;
(l) in section 78, in sub-section (2),-
(i) clauses (cA) and (ccB) shall be omitted;
(ii) in clause (f), the words "and the Appellate
Board" shall be omitted.
Csaprsn IV
AMENDMENTS To TUT CusToMS ACT, 1962
Amendment of 5. In the Customs Act,l962,-
Act52 of1962.
(a) in section 28E, clauses (ba), (f) and (g) shall be
omitted;
(b) in section 28EA, the proviso shall be omitted;
(c) in section 28F, sub-section (1) shall be omitted;
(d) in section 28KA,-
(i) in sub-section (1), for the word "Appellate Authority", at both the places where they occur, the words "High Court" shall be substituted;
(ii) sub-section (2) shall be omitted;
(e) in section 28L, the words "or Appellate
Authority", wherever they occur, shall be omitted;
(f) in section 28M,-
(i) in the marginal heading, the words "and
660 {4) u*slr6tr;rqa, frRiq' rrqr zozr
Appellate Authority" shall be omitted;
(ii) sub-section (2) shall be omitted.
CuaprsnV
ANasNorvreNTs To rHE PATENTs Acr, 1970
Amendment of 6. In the Patents Act,l970,-
Act 39 of 1970.
(a) in section2,in sub-section (1),-
(i) clause (a) shall be omitted;
(ii) in clarise (u), sub-clause (B) shall be omitted;
(b) in section 52, the words "Appellate Board or",
wherever they occur, shall be omitted;
(c) in section 58,-
(i) the words "the Appellate Board or", wherever
they occur, shall be omitted;
(ii) the words "as the case may be" shall be
omitted;
(d) in section 59, the words "the Appellate Board or"
shall be omitted;
(e) in section 64, in sub-section (l), the words "by
the Appellate Board" shall be omiued;
(f).in section 71, for the words 'Appellate Board" and "Board", wherever they occur, the words "High Court" shall be substituted;
(g) in section 76, the words "or Appellate Board"
shall be omitted;
(h) rn section 113,-
(i) in sub-section (1),-
(A) the words "the Appellate Board ot'',
wherever they occur, shall be omitted;
660 (s)
e'i#s.r€ lTq[d, ftri+ r o qr zoz r
(B) the words o'as the case may be" shall be
omitted;
(ii) in sub-section (3), the words "or the Appellate
Board" shall be omitted;
(i) in Chapter XIX, for the Chapter heading, the
Chapter heading "APPF.ALS" shall be substituted;
O sections 116 and 117 shall be omitted;
(k) in section ll7 A, for the words "Appellate Board", wherever they occur, the words "High Court" shall be substiruted;
(l) sections ll71,1l7C and 117D shall be omitted;
(m) in section ll7B, for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted
(n) sections I t7F, 1l7G and 117H shall be omitted;
(o) in section 151,-
(A) in sub-section (1), the words "or the Appellate Board", at both the places where they occur, shall be omitted;
(B) in sub-section (3), for the words "the
Appellate Board or the courts, as the case may be", the words "the courts" shall be substituted;
(p) in section 159, in sub-section (2), clauses (xiia),
(xiib) and (xiic) shall be omitted.
CHaprBnVl
AMENDMENTS TO THE AIRPORT AUTHORITY OF INDIA ACT, 1994
7. In the Airports Authority of India Act,1994,- Amendment of
Act 55 of 1994.
(a) in section 28A, clause (e) shall be omiued;
660 (6) Edirrq {Entrd, ft
(b) in section 28E, for the word "Tribunal", at both the places where it occurs, the words "Central Gov_ernment" shall be substituted;
(c) sections 28I,28J and 28JA shall be omitted;
(d) in section fgf(,-
(i) in sub-section (1),-
(A) for the words "Tribunal in such form as may be prescribed", the words "High Court" shall be substituted;
(B) in the proviso, for the word "Tribunal", the
words "High Court" shall be substituted;
(ii) sub-sections (2), (3), (4) and (5) shall be
omitted;
(e) section 28L shall be omiued;
(f) in section 28M, the words "or the Tribunal"
shall be omiued;
(g) in section 28N, in sub-section (2), for the word "Tribunal", the words "High Court" shall be
substituted;
(h) in section 33, the words "or the Chairperson of
the Tribunal" shall be omitted;
(i) in section 41, in sub-section (2), clauses (gvi),
(gvii), (gvliD and (gix) shall be omitted.
CHAPTER VII
AMENDMENTS TO THE TRADE MARKS
ACT, 1999
Amendment of 8. In the Trade Marks Act, 1999,-
Act 47 of 1999.
(a) in section2,in sub-section (l): -
(i) clauses (a), (d), (0, (k), (n), (ze) and (zf)
shall be omitted;
sao (t)
Efrerc {Eiq:r, frqi6 t o qr zoz t
(ii) for clause (s), the foliowing clarr" shall be
substituted, namely:-
' (s) "prescribed" means,-
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(ii) in other cases, prescribed by rules
made under this Act;';
(b) in section 10, for the word "tribunal", the words "Registrar or the High Court, as the case may be," shall be substituted;
(c) in section 26, for the word "tribunal", the words "Registrar or the High Court, as the case may be," shall be substituted;
(d) in section 46, in sub-section (3), for the word "tribunal", the words "Registrar or the High Court, as the case may be," shall be substituted;
(e) in section4T,-
(i) for the words 'Appellate Board", at both the places where it occurs, the words "High Court" shall be substituted;
(ii) for the word "tribunal", wherever it occurs, the words "Registrar or the High Court, as the case may be," shall be substituted;
(0 in section 55, in sub-section (1), for the word "tribunal", the words "Registrar or the High Court, as the case may be," shall be substituted;
(g) in section 57, -
(i) for the words 'Appellate Board", wherever it ocsurs, the words "High Court" shall be
substituted;
(ii) for the word "kibunal", wherever it occurs, the words "Registrar or the High Court, as the case may be," shall be substituted;
(h) in section 71, in sub-section (3), for the word "tribunal", the words "Registrar or the High Couit, as the case may be," shall be substituted;
(i) in Chapter XI, for the Chapter heading, the
660 (8) 6fu6qqqq, ftqis 16 qf 2s21
Chapter heading "APPEALS" shall be substituted;
(j) sections 83, 84, 85, 86, 87,88, 89, 89A and 90
shall be omitted;
(k) in section 91,for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;
(l) sections 92 and93 shall be omitted;
(m) for section 94, the following section shall be
substituted, namely:-
Bar to appear
before
Registrar.
"94. On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairp-erson or other Members, shall not appear.lefore the Registrar.";
(1) sections 95 and 96 shall be omitted;
(m) in section 97, for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;
(n) in section 98, for the words "Appellate Board" and "Board", wherever they occur, the words "High Court" shall be substituted;
(o) sections 99 and 100 shall be omitted;
(p) in section 113, -
(i) for the words "Appellate Board", at both the places where they occur, the words "High Court" shall be substituted;
(ii) for the word "tribunal", the words
"Registrar or the High Court, as the case may be," shall be substihrted;
(q) in section 123, the words "and every Member
of the Appellate Board" shall be omitted;
G) in sections 124 and 125, for the words
"Appellate Board", wherever they occur, the words 'High Court" shall be substituted;
d6o (e)
Efur€ rtqrd, ftriu r o qr zoz r
(s) in section 130, the words "the Appellate Board
or" shall be omitted; ..
(t) in section l4l, for the words "Appellate Board", at both the places where they occur, the words "High Court" shall be substituted;
(u) in section 144, for the word "tribunal", the words "Registrar. or the High Court, as the case may be," shall be substituted;
(v) in section 157 , in sub-section (2),-.
(i) clauses (xxxi) and (xxxii) shall be omitted;
(ii) in clauss (xxxiii), for the words "Appellate Board", the words "High Court" shall be
substituted.
CHAPTER VIII
AMENDME}ITS TO THE GEOGRAPHICAL
INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999
9. In the Geographical Indications of Goods
Amendment of Act 48 of 1999. (Registration and Protection) Act, 1999,-
(a) in section 2, in sub-section (1), clauses (a)
and (p) shall be omiued;
(b) in section 19, for the word "tribunal", the words "Registrar or the High Court, as the case may be," shall be substituted;
(c) in section 23, for the words "and before the Appellate Board before which", the words "before whom" shall be substituted;
(d) in section 27, -(i) for the words "Appellate Board", wherever
they occur, the words "High Court" shall be substituted;
(ii) for the word "tribunal", wherever it occurs,
660 (10) Bffiqrrr€ {r{nrrd, fuim t o qt zozr
the words "Regislrar or the High Courr. u, ,n. case may be," shail be substituted;
(ei in Chapter VII, for the Cilapter heading, the
Chapter heading "APPEALS" shall be substituted;
(f) in section 31,-
(i) for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;
(ii) sub-section (3) shall be omitted;
(g) sections 32 and,33 shall be omitted;
(h) in sections. .34 and,35, for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;
(i) section 36 shall be omitted;
fi) in sections 48,-
(i) for the words "Appellate Board", at both the places where it occurs, the words "High Court" shall be substituted;
(iD for the word "tribunal", the words "Registrar or the High Court, as the case may be," shall be substituted;
(k) in sections 57 and 58, for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;
(1) in section 63, the words "the Appellate Board
or" shall be omitted;
(m) in section 72, for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;
(n) in section 75, for the word "tribunal", the words "Registrar or the High Court, as the case may be," shall be substituted;
(o) in section 87, in sub-section (2), clause (n)
shall be omitted.
CHAPTER IX
AMENDMENTS TO THE PROTECTION OF
PLANT VARIETIES AND FARMERS' RIGHTS ACT,2OOI
10. In the Protection of Plant Varieties and Farmers'
Amendment of Act 53 of2001.
Rights Act,200l,-
(a) in section2, -
(i) clauses (d), (n) and (o) shall be omitted;
(ii) for clause (q), the following clause shall be
substituted, namely:-
'(q) "prescribed" means,-
High High
(A) in relation to proceedings before a Court, prescribed by rules made by the Court; and
(B) in other cases, prescribed by rules made
under this Act;':
(iii) clauses (y) and (z) shall be omitted;
(b) in section 44, the words "or the Tribunal" shall
be omiued;
(c) in Chapter VIII, for the Chapter heading, the
Chapter heading "APPEAI S" shall be substituted;
(d) sections 54 and 55 shall be omitted;
(e) in section 56,-
(i) for the word "Tribunal", wherever they occur,
the words "High Court" shall be substituted;
(ii) sub-section (3) shall be omiued;
(f) in section 57,-
660 (12) ud{Fcirinqd, frqim roqr zozr
(i) for the word "Tribunal", wherever it occurs, the
words "High Court" shall be subsjituted;
(ii) sub-section (5) shall be omitted;
(g) sections 58 and 59 shall be omitted;
(h) in section 89, the words "or the Tribunal" shall
be omitted
CHAPTER X
AMENDMENTS TO THE CONTROL OF
AND TRAFFIC)
NATIONAL HIGHYLT
JK#'
11. In the Confiol of National Highways (Land and Amendment of Act 13 of2003.
Traffic) Act,2002,-
(a) in section 2,-
(i) clause (a) shall be omitted;
(ii) after clause (d), the following clause shall be
inserted, namely:-
'(da) "Court" means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction;';
(iii) clause (l) shall be omitted;
(b) in Chapter II, in the Chapter heading, the words "AND TRIBUNALS, ETC." shall be omitted;
(c) section 5 shall be omitted;
(d) for section 14, the following section shall be
substituted, namely:-
Appeals.
"14. An appeal from any order passed, or any action taken, excluding issuance or serving of notices, under sections 26, 27, 28, 36, 37 and 38 by the Highway Administration or an officer authorised on its behalf, as the case may be, shall lie to the
effiqrE{rqqa, frqiqi 16w 2021
660 (13) Court.";
(e) sections 15 and 16 shall baomitted;
(f) in section 17, for the word "Tribunal", at both the places where it occurs, the word "Court" shall be substituted;
(g) section 18 shall be omitted;
(h) in section 19, for the word "Tribunal", at both the places where it occurs, the word "Court" shall be substituted;
(i) section 40 shall be omitted;
fi) in section 41, -
(i) the words "or every order passed or decision made on appeal under this Act by the Tribunal" shall be omitted;
(ii) the words "or Tribunal" shall be omitted;
(k) in section 50, in sub-section (2), clause (f) shall
be omitted.
CHAPTERXI
AMENDMENTS TO THE FINANCE ACT,2OI7
12.ln the Finance Act, 2017 (hereinafter referred to
Amendment of ActT of2017.
as the Finance Act),-
(i) for section 184, the following section shall be
substituted, namely:-
Qualifications, appointment,
etc., of
Chairperson and Members of Tribunal.
"184. (1) The Central Government ffi?y, by notification, make rules to provide for the qualifications, appointment, salaries and allowances, resignation, removal and the other conditions of service of the Chairperson and Members of the Tribunal as specified in the Eighth Schedule:
Provided that a person who has not completed the age of fifty years shall not be eligible for appointment as a Chairperson or Member:
660 (14) qffislrd trflqI, ftqio r o Er zoz r
Provided further that the allowances and benefits so payable shall be to the extent as aJe admissible to a Central Government officer holding the post carrying the same pay:
Provided also that where the Chairperson or Member takes a house on rent, he may be reimbursed a house rent subject to such limits and conditions as may be provided by rules.
(2) The Chairperson and Members of a Tribunal shall be appointed by the Central Government on the recommendation of a Search-cum-Selection Committee (hereinafter referred to as the Committee) constituted under sub-section (3), in such manner as the Central Government may, by. rules, provide.
(3) The Search-cum-Selection Committee shall
consist of--
(a) the Chief Justice of India or a Judge of Supreme Court nominated by him- Chairperson.of
the Committee;
(b) two Secretaries nominated by the Government
of India- Members;
(c) one Member, who-
(i) in case of appointment of a Chairperson of a Tribunal, shall be the outgoing 'Chairperson of the Tribunal; or
(ii) in case of appointment of a Member of a Tribunal, shall be the sitting Chairperson of the Tribunal; or
(iii) in case of the Chairperson of the Tribunal seeking re-appointnent, shall be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court nominated by the Chief Justice of lndia: Provided that, in the following cases, such Member shall always be a retired Judge of the Supreme Court or a retired Chief Justice of a
ddsrE{qr*, frqis ro
High Court nominated by the Chief Justice of India, namely:-
14 of 194t.
(i) Industrial Tribunal constituted by the Central Govemment under the Industrial Disputes Act,7947;
(ii) Tribunals and Appellate Tribunals constituted under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993; 51 of 1993.
(iii) Tribunals where the Chairperson or the outgoing Chairperson, as the case ,may be, of the Tribunal is not a retired Judge of the Supreme Court or a retired Chief Justice or Judge of a High Courti and
(iv) such other Tribunals as may be notified by the Central Government in consultation with the Chairperson of the Search-cum-Selection Committee of that Tribunal; and
(d) the Secretary to the Government of India in the Ministry or Department under which the
Tribunal is constituted or established - Member-
Secretary.
(4) The Chairperson of the Committee shall have
the casting vote.
(5) The Member-Secretary of the Committee
shall not have any vote.
(6) The Committee shall determine its procedure
for making its recommendations.
(7) Notwithstanding anything contained in any judgment, order or decree of any court or in any law for the time being in force, the Committee shall recommend a panel of two names for appointment to the post of Chairperson or Member, as the case may be, and the Central Government shall take a decision on the recommendations of the Commiffee preferably within three months from the date on which the Committee makes its recommendations to the
Government.
660 (16) Rffislcttqq*, fr4i6 16 q1 2621
(8) No appointment shall be invalid merely by
reasoq of any vacancy or absence in the Comrnittee.
(9) The Chairperson and Member of a Tribunal shall be eligible for re-appointment in accordance with the provisions of this section:
Provided that in making such re-appointment, preference shall be given to the service rendered by such person.
(10) The Central Government shall, on the recommendation of the Committee, remove from office, in such manner as may be provided by rules, any Member, who-
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which
involves moral turpitude; or
(c) has become physically or mentally
incapable of acting as such a Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
(e) has so abused his position as to render his continuance in offrce prejudicial to the public interest:
Provided that where a Member is proposed to be removed on any ground specified in clauses (b) to (e), he shall be informed of the charges against him and given an opportunity of being heard in respect of those charges.
Explanation.- For the purposes of this section, the
expressions -
(i) "Tribunal" means a Tribunal, Appellate Tribunal or Authmity as specified in column (2) of the Eighth Schedule;
660 (17) (ii) "Chairpe sorr" includes Chairperson, Chairman,
President and Presiding Officer of a Tribunal;
(iii) "Member" includes Vice-Chairman, Vice- Chairperson, Vice-President, Account Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member and Technical Member, as the case may be, of a
Tribunal.";
(ii) in section 184 as so substituted, after sub:section (10) and before the Explanation, the following sub- section shall be inserted and shall be deemed to have been inserted with effect from the 26'h May, 2017, namely:-
"(11) Notwithstanding anything contained in any judgment, order, or decree of any court or any law for the
time being in force, -
(i) the Chairperson of a Tribunal shall hold office for a term of four years or till he attains the age of seventy years, whichever is earlier;
(ii) the Member of a Tribunal shall hold office for a term of four years or till he attains the age of sixty- seven years, whichever is earlier:
Provided that where a Chairperson or Member is appointed between the 26th day of May, 2017 and the notified date and the term of his office or the age of retirement specified in the order of appointment issued by the Central Government is greater than that which is specified in this section, then, notwithstanding anything contained in this section, the term of office or age of retirement or both, as the case may be, of the Chairperson
or Member shall be as specified in his order of appointment subject to a maximum term of office of five years.".
Amendment
section 186.
of 13. Section 186 of the Finance Act shall be renumbered as sub-section (1) thereof, and after sub- section (l) as so renumbered, the following sub-section shall be inserted, namely:-
"(2) Subject to the provisions of sections 184 and 185, neither the salary and allowances nor the other terms
and conditions of service of Chairperson, Vice-
660 (18) Rc#{Fr6 {cfla, fraia 16 qq ron
Chairperson, Chairman, Vice-Chairman, President, Vice- President, Presiding Officer or Member of the Tribunal, Appellate Tribunal or, as the case may be, other Authority may be varied to his disadvantage after his appointment.".
Amendrnent
Eighth 14.lnthe Finance Act, in the Eighth Schedule, -
Schedule.
(i)items lA,12,14, and 15 shall be omiued;
(ii) for item 16, the following item shall be
substituted, namely:-
| (1) | (2\ | (3) |
| 16. | National Consumer- Disputes Redressal Commissiori | Consumer The Protection Act, 2019 (35 of2019) |
Transitional provisions. f5. (1) Notwithstanding anything contained in any law for the time being in force, any person appointed as the Chairperson or Chairman or President or Presiding Officer or Vice-Chairperson or Vice-Chairman or Vice- President or Member of the Tribunal, Appellate Tribunal, or, as the case may be, other Authorities specified in the Schedule and holding office as such immediately before the notified date, shall, on and from the notified date, cease to hold such office, and he shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of his office or ofany contract ofservice.
(2) The officers and other employees of the Tribunals, Appellate Tribunals and other Authorities specified in the Schedule appointed on deputation, before the notified date, shall, on and from the notified date, stand reverted to their parent cadre, Ministry or
Department.
43 of 1961.
(3) Any appeal, application or proceeding pending before the Tribunal, Appellate Tribunal or other Authorities specified in the Schedule, other than those pending before the Authority for Advance Rulings under the Income-tax Act, 1961, before the notified date, shall stand transferred to the Court before which it would have been filed had this Ordinance been in force on the date of filing of such appeal or application or initiation of the
uffisrErtqrd, fuim ro
proceeding, and the Court may proceed to deal with such cases from the stage at which it stood before such transfer, _or from any earlier stage, or de novo, as the Court may deem fit.
(4) The balance of all monies received by, or advanced to, the Tribunal, Appellate Tribunal or other Authorities specified in the Schedule and not spent by it before the notified date, shall, on and from the notified date, stand transferred to the Central Govemment.
(5) All property of whatever kind owned by, or vested in, the Tribunal, Appellate Tribunal or other Authorities specified in the Schedule before the notified date, shall stand transferred to, on and from the notified date, and shall vest in the Central Government.
Power remove diffrculties.
16. (1) If any difficulty arises in giving effect to the provisions of this Ordinance, the Central Government may, by general or special order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Ordinance, as appear to it to be necessary or expedient for removing the difficulty.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each
Houses of Parliament.
660 (20) .
, ft
THE SCHEDULE
(See section l5)
l. Appellate Tribunal under Cinematograph Act, Jg52 (37 of 1952).
2. Authority for Advance Rulings under Income-tax Act, 1961 (43 of 1961). 3 Airport Appellate Tribunal under Airports Authority of India Act,1994 (Act 55 of 1994).
4. Intellectual Property Appellate Board under Trade Marks Act, I ggg (47 of 1999).
5. Plant Varieties Protection Appellate Tribunal under Protection of Plant Varieties and Farmers' Rights Act, 2001 (53 of 2001).
RAM NATH KOVIND, President.
DR. G. NARAYANA RAJU, Secretary to the Govt. of India.
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"t. S--;, Brfrfun qfqe MrNrsrny oF LAw AND JUSTTcE
(Legislative Department)
New Delhi, the 4th April, 202UChaitrat4, tg43 (Saka)
THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ORDINANCE, 2021
No. 3 0F 2021
Promulgated by the president in the Seventy-second year of the Republic of India.
An Ordinance further to amend the Insolvency and Banlcruptcy Code, 20 I 6.
WHEREAS COVID-19 pandemic has impacted businesses, financial markets and economies all over the world, including India, and has impacted the business operations of micro, small and medium enterprises and
. exposed many of them to financial distress;
AND WHEREAS the Government has taken several measures to mitigatethe distress caused by the pandemic, including increasing the minimum amount of default for initiation of corporate insolvency resolution process to one crore rupees, and suspending filing of applications for initiation of corporate insorvency resolution process in respect of the defaults arising during the period of one year beginning from 25th March 2020 ;
660 (21) 660 (221 Ei*flrrdttq[d, frqio' ro Er zozr
4ND WHEREAS such suspension for filing of applications for initiation of corporate insolvency resolution process has ended on 24th March 2021 ;
AND wHEREAS rhe country has shown remarkable
resilience, be it tackling the pandemic or ensuring
economic recovery;
AND WHEREAS micro, small and medium enterprises are critical for India's economy as they contribute significantly to its gross domestic product and provide employment to a sizeable population;
AND wHEREAS it is considered necessary to urgently address the specific requirements of micro, small and medium enterprises relating to the resolution of their insolvency, due to the unique nature of their businesses and simpler corporate structures;
AND wHEREAS it is considered expedient to provide an efficient alternative insolvency resolution process for corporate persons classified as micro,'small and medium enterprises under the Insolvency and Bankruptcy Code, 2016, ensuring quicker, cost-effective and value maximising outcomes for all the stakeholders, in a manner which is least disruptive to the continuity of their businesses and which preserves jobs;
AND wHEREAS in order to achieve these objectives, it is considered expedient to introduce a pre-packaged insolvency resolution process for corporate persons classified as micro, small and medium enterprises;
ANp wgBREas Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFoRE, in exercise of the powers conferred by clause (l) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: *
Short title and
1. (l) This Ordinance may be called the Insolvency
commenceme[t.
and Bankruptcy Code (Amendment) Ordinanc e, 2021.
(2) It shall come into force at once.
2. In the Insolvency and Bankruptcy Code, 2016 3l of 2016.
Amendment of section 4.
(hereinafter referred to as the principal Act), in section 4, after the proviso, the fbllowing proviso shall be inserted, namely:-
ffimrjrd{ElrFl, EFTRi 16EIiI 2021
660 (23)
"Provided further that the Central Government may, by notification, specify such minimum amount of default of higher value, which-shall not be more than one crore rupees, for matters relating to the pre- packaged insolvency resolution process of corporate debtors under Chapter III-A.".
Amendment 3. In section 5 of the principal Act,-
section 5.
(i) after clause (2), the following clause shall be
inserted, namely: -
'(24) "base resolution plan" means a resolution plan provided by the corporate debtor under clause (c) of sub-section (a) of section
544;',;
(ii) in clause (5), in sub-clause (b), after the words "corporate insdivency resolution process", the words "or the pre-packaged insolvency resolution process, as the case may be," shall be inserted;
(iii) in clause (11), after the words "corporate insolvency resolution process", the words "or pre- packaged insolvency resolution process, as the case may be" shall be inserted;
(iv) inclause (15), after the words, 'oprocess period", the words "or by the corporate debtor during the pre-packaged insolvency resolution process period, as the case may be," shall be inserted;
(v) in clause (19), after the words "for the purposes of', the words and frgures "Chapter VI and" shall be inserted;
(vi) after clause (23), the following clauses shall
be inserted, namely:-
'(23A)"preliminary information" means a memorandum submitted by the corporate debtor under clause (b) of sub-section (1) of section 54G;
(23B)"pre-packaged insolvency date" means the date of admission of an application for initiating the pre-packaged insolvency resolution process by the Adjudicating Authority under clause (a) of sub-section (4) of section54C;
660 (,4)
,frqifi roqr zozr
(23C) "pre-packaged insolvency resolution
process costs" means-
- (a) the amount of any inferim finance and the
costs incurred in raising such finance;
(b) the fees payable to any person acting as a resolution professional and any expenses incurred by him for conducting the pre-packaged insolvency resolution process during the pre- packaged insolvency resolution process period, subject to sub-section (6) ofsection 54F;
(c) any costs incurred by the resolution professional in running the business of the corporate debtor as a going concern pursuant to an orderunder sub-section (2) ofsection54I;
(d) any costs incurred at the expense of the Governmbnt to facilitate the pre-packaged
insolvency resolution process; and
(e) anyother costs as may be specified;
(23D) "pre-packaged insolvency'resolution process period" means the period beginning from the pre-packaged insolvency commencement date and ending on the date on which.an order under sub-section (1) of section 54L, or sub-section (1) of section 54N, or sub-section (2) of section 54-O, as the case may be, is passed by the Adjudicating Authority;';
(vii) in clause (25), after the words, brackets and figures "of sub-section (2) of section 25", the words, figures and letter "or pursuant to section 54K, as the case may be" shall be inserted;
(viii) in clause (27), after the words "corporate insolvency resolution process", the words "or the pre- packaged insolvency resolution process, as the case may be," shall be inserted.
of
4. In section l1 of the principal Act,-
Amendment section 11.
(i) in clause (a), after the words "corporate insolvency resolution process", the words 1'or a pre- packaged insolvency resolution process" shall be inserted;
660 (2s)
ufrsrrd {rqqd, fu-* r o Er zozr
(ii) after clause (a), the following ciause shall be
inserted, namely:-
- "(aa) a financial creditoi or an operational
creditor of a corporate debtor undergoing a pre- packaged insolvency resolution process; or";
(iii) after clause (b), the following clause shall be
inserted, namely:-
"(ba) a corporate debtor in respect of whom a resolution plan has been approved under Chapter III-A, twelve months preceding the date of making of the application; or".
5. After section 11 of the principal Act, the Insertion of new section I lA.
following section shall be inseried, namely:-
Disposal of
applications
under section 54C and under section 7 or section 9 or
section 10.
"11A. (1) Where an application filed under section 54C is pending, the Adjudicating Authority shall pass an order to admit or reject such application, before considering any application filed under section 7 or section 9 or section 10 during the pendency of such application under section 54C, in respect of the same corporate debtor.
(2) Where an application under section 54C is filed within fourteen days of frling of any application under section 7 or section 9 or section 10, which is pending, in respect of the same corporate debtor,then, notwithstanding anything contained in sections 7, 9 and 10, the Adjudicating Authority shall first dispose of the application under section 54C.
(3) Where an application under section 54C is filed after fourteen days of the filing of any application under section 7 or section 9 or section 10, in respect of the same corporate debtor, the Adjudicating Authority shall first dispose of the application under sections 7,9 ot 70.
(4) The provisions of this section shall not apply where an application under section 7 or section 9 or section l0 is frled and pending as on the date of the commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinanc e, 2021." .
Amendment of section 33.
6. In section 33 of the principal Act, in sub-section (3), after the words, "approved by the Adjudicating Authority", the words, figures, brackets and letter "under
660 126) EdqrE ttqqr, frqifi ro qr zozr
section 3 1 or under sub-section ( 1) of section 54L," slrall be inserted.
Amendmenl of section,34.
7. In section 34 of the principal Act, in sub-section (1), after the words and figures, "under Chapter II", the words, figures and letter "or for the pre-packaged insolvency resolution process under Chapter III-A" shall be inserted.
8. After Chapter III of the principal Act, the
Insertion of new Chapter III-A.
following Chapter shall be inserted, namely:-
.CHAPTER III-A
PRE-PACKAGED INSOLVENCY RESOLUTION
PROCESS
Corporate debtors eligible for pre-packaged insolvency resolution
process.
27 of2OO6.
54A.(1) An application-for initiating pre-packaged insolvency resolution process may be made in respect of a corporate debtor classified as a micro, small or medium enterprise under sub-section (l) of section 7 of the Micro, Small and Medium Enterprises Development fuct,2006.
(2) Without prejudice to sub-section (1), an application for initiating pre-packaged insolvency resolution process may be made in respect of a corporate debtor, who commits a default referred to in section 4, subject to the following conditions, that-
(a) it has not undergone pre-packaged insolvency resolution process or completed
corporate insolvency resolution process, as the case may be, during the period of three years preceding the initiation date;
(b) it is not undergoing a corporate insolvency
resolution process;
(c) no order requiring it to be liquidated is
passed under section 33;
(d) it is eligible to submit a resolution plan under
section 29A;
' (e) the financial creditors of the corporate
debtor, not being its related parties, representing such number and such manner as may be specified,
have proposed the name of the insolvency professional to be appointed as resolution professional for conducting the pre-packaged
fu{qrd,ftqioro
insolvency resolution process of the corporate debtor, and the financial creditors of the corporate debtol, not being its related pafties, representing not less than sixty-six per cent. in value of the financial debt due to such creditors, have approved such proposal in such form as may be specified:
Provided that where a corporate debtor does not have any financial creditors, not being its related parties, the proposal and approval under this clause shall be provided by such persons as may be specified;
(f) the majority of the directors or partners of the corporate debtor, as the case may be, have made a declaration, in such form as may be specified, stating, inter alia, -
(i) that the corporate debtor shall file an application for initiating pre-packaged insolvency resolution process within a definite time period not exceeding ninety days;
(ii) that the pre-packaged insolvency resolution process is not being initiated to
defraud any person; and
(iii) the name of the insolvency professional proposed and approved to be appointed as resolution professional under clause (e);
(g) the members of the corporate debtor have passed a special rqsolution, or at least three-fourth of the total number of parbrers, as the case may be, of the corporate debtor have passed a resolution, approving the filing of an application for initiating pre-packaged insolvency resolution process.
(3) The corporate debtor shall obtain an approval from its financial creditors, not being its related parties, representing not less than sixty-six per cent. in value of the financial debt due to such creditors, for the filing of an application for initiating pre-packaged insolvency resolution process, in such form as may be specified:
Provided that where a corporate debtor does not have any financial creditors, not being its related parties, the approval under this sub-section shall be provided by such persons as may be specified.
660 (28) Bdrqrrq {rqq-d, fum t o qt zozt
(4) Prior to seeking apploval frorn financial creditors under sub-section (3), the corporate debtor
shall provide such financial creditor-s with -
(a) the declaration referred to inclause (f) ofsub-
section (2);
(b) the special resolution or resolution referred
to in clause (g) ofsub-section (2);
(c) a base resolution plan which conforms to the requirements referred to in section 54K, and such other conditions as may be specified; and
(d) such other information and documents as
may be specified.
Duties of
resolution professional before initiation of pre-packaged
54B. (1) The insolvency professional, proposed to be appointed as the resolution professional, shall have the following duties commencing from the date of the approval under clause (e) of sub-section (2) of section 54A, namely:-
insolvency resolution
process.
(a) prepare a report in such form as may be specified, confirming whether the corporate debtor meets the requirements of section 54A, and the base
resolution plan conforms to the requirements referred to in clause (c) ofsub-section ( ) ofsection 544;
(b) file such reports and other documents, with
the Board, as may be specified; and
(c) perform such other duties as may be
specified.
(2) The duties of the insolvency professional under
sub-section (l) shall cease, if, -
(a) the corporate debtor fails to file aL application for initiating pre-packaged insolvency resolution process within the time period as stated under the declaration referred to in clause (f) of sub- section (2) of section 54A; or
(b) the application for initiating pre-packaged insolvency resolution process is admitted or rejected by the Adjudicating Authority,
as the case may be.
udsllaqqqr,frqim lo
(3) The fees payable to the insolvency professional in relation to the duties performed under sub-section (1) shall be determined and bome in such manner as may be specified and such fees shall form part of the pre- packaged insolvency resolution process costs, if the application for initiation of pre-packaged insolvency resolution process is admitted.
Appli initiat packa
54C. (1) Where a corporate debtor meets the requirements of section 54A, a corporate applicant thereof may file an application with the Adjudicating Authority for initiating pre-packaged insolvency
insolv resol
resolution process.
proces
(2) The application under sub-section (1) shall be filed in such form, containing such particulars, in such manner and accompanied -with such fee as may be prescribed.
(3) The corporate applicant shall, along with the
application, furnish-
(a) the declaration, special resolution or resolution, as the case may be, and the approval of financial creditors for initiating pre-packaged insolvency resolution process in terms of section 54A;
(b) the name and written consent, in such form as may be specified, of the insolvency professional proposed to be appointed as resolution professional, as approved under clause (e) of sub-section (2) of section 54A, and his report as referred to in clause (a) of sub-section (l) of section 54B;
(c) a declaration regarding the existence of any transactions of the corporate debtor that may be within the scope of provisions in respect of avoidance of transactions under Chapter III or fraudulent or wrongful trading under Chapter VI, in such form as may be specified;
(d) information relating to books of account of the corporate debtor and such other documents relating to such period as may be specified.
(4) The Adjudicating Authority shall, within a period of fourteen days of the receipt of the application, by an order,-
(a) admit the application, if it is complete; or
660 (30) Ei{{^{{FOOTNOTE *}}}}grrd ttErrn, fttiq rr qr zoz t
(b) reject the application, if it is incomplete:
Provided that the Adjudicating Authority _ shall, before rejecting an apjilication, give notice 'applicant to rectift the defect in the to the application within seven days from the date of receipt of such notice fi.om the Adjudicating
Authority.
The pre-packaged insolvency resolution process - _(5) shall commence from the date of admission of the application under clause (a) ofsub-section (4).
lor of
Time-limit completion pre-packaged
insolvency resolution
54D. (1) The pre-packaged insolvency resolution process shall be completed within a period of one hundred and twenty days from the pre_packaged insolvency commencement date.
process.
(2). Without prejudice ro sub-section (l), the resolution professional shall submit the resolution plan, as approved by the committee of creditors, to- the Adjudicating Authority under sub-section (4) or sub_ section (12), as the case may be, of section 54K, within a period of ninety days from the pre_packaged
insolvency commencement date.
(3) Where no resolution plan is approved by the committee of creditors within the time period referred to in sub-section (2), the resolution professional shall, on the day after the expiry of such time period, file an application with the Adjudicating Authority for termination of the pre-packaged insolvency resolution process in such form and manner as may be specified.
of and
Declaration moratorium public
54E. (l) The Adjudicating Authority shall, on the pre-packaged insolvency commencement date, along with the order of admission under section 54C _
announcement
during pre-
packaged
insolvency resolution process.
(a) declare a moratorium for the purposes referred to in sub-section (1) read with sub-seition (3) of section 14, which shall, mutatis mutandis apply, to the proceedings under this Chapter;
(b) appoint a resolution professional
-
660 (3r)
Edsrr€ rreqd, fr
(i) as named in the application, if no
disciplinary proceeding is pending against him;
-or
(ii) based on the recommendation made by the Board, if any disciplinary proceeding is pending against the insolvency professional named in the application.
(c) cause a public announcement of the initiation ofthe pre-packaged insolvency resolution process to be made by the resolution professional, in such form and manner as may be specified, immediately after his appointment.
(2) The order of moratorium shall have effect from the date of such order till ihe date on which the pre- packaged insolvency resolution process period comes to an end.
Duties and powers of
resolution professional 54F.. (1) The resolution professional shall conduct the pre-packaged insolvency resolution process of a corporate debtor during the pre-packaged insolvency resolution process period.
during pre-
packaged
insolvency resolution plocess.
(2) The resolution professional shall perform the
following duties, namely:-
(a) confirm the list of claims submitted by the corporate debtor under section 54G, in such manner as may be specified;
(b) inform creditors regarding their claims as confirmed under clause (a), in such manner as may be specified;
(c) maintain an updated list of claims, in such
manner as may be specified;
(d) monitor management of the affairs of the
corporate debtor;
(e) inform the committee of creditors in the event of breach of any of the obligations of the Board of Directors or partners, as the case may be, ofthe corporate debtor, under the provisions ofthis Chapter and the rules and regulations made
thereunder;
660 (321 gffiqrrd {rqqd, ffi r o qr zoz t
(f) constitute the committee of creditors and
convene and attend all its meetings;
(g) prepare the information'fnemorandum on the basis of the preliminary information memorandum submitted under section 54G and any other relevant information, in such form and manner as may be specified;
(h) file applications for avoidance of transactions under Chapter III or fraudulent or wrongful trading under Chapter VI, if any; and
(i) such other duties as may be specified.
(3) The resolution professional
exercise the
following powers, namely :--=
(a) access. all books of accounts, records and
information available with the corporate debtor;
(b) access the electronic records ofthe corporate debtor from an information utility having financial information of the corporate debtor;
(c) access the books of accounts, records and other relevant documents of the corporate debtor available with Government authorities, statutory auditors, accountants and such other persons as may be specified;
(d) attend meetings of members, Board of Directors and committee of directors, or partners, as the case may be, of the corporate debtor;
(e) appoint accountants, legal or other
professionals in such manner as may be specified;
(f) collect all information relating to the assets, finances and operations of the corporate debtor for determining the financial position of the corporate debtor and the existence of any transactions that may be within the scope of provisions relating to avoidance of transactions under Chapter III or fraudulent or wrongful hading under Chapter VI,
including information relating to -
(i) business operations for the previous two years from the date of pre-packaged insolvency commencement date;
(ii) financial and operational payments for
Edtrr6{qca,frqim ro
the previous two years fi'om the date of pre- packaged insolvency commencement date;
(iii) list of assets and iiuUiliti"r as on the
initiation date; and
(iv) such other matters as may be specified;
(g) take such other actions in such manner as
may be specified.
(4) From the date of appointment of the resolution professional, the financial institutions maintaining accounts of the corporate debtor shall furnish all information relating to the corporate debtor available with them to the resolution professional, as and when required by him.
(5) The personnel of the corporate debtor, its promoters and any other person associated with the management of the corporate debtor shall extend all assistance and cooperation to the resolution professional as may be required by him to perform his duties and exercise his powers, and for such purposes, the provisions of sub-sections (2) and (3) of section 19 shall, mutatis mutandis apply, in relation to the
proceedings under this Chapter.
(6) The fees of the resolution professional and any expenses incurred by him for conducting the pre- packaged insolvency resolution process shall be determined in such manner as may be specified:
Provided that the committee of creditors may impose limits and conditions on such fees and expenses:
Provided further that the fees and expenses for the periodprior to the constitution of the committee of creditors shall be subject to ratification by it.
(7) The fees and expenses referred to in sub-section
(6) shall be borne in such manner as may be specified.
List of claims and preliminary information memorandum.
54G. (1) The corporate debtor shall, within two days of the pre-packaged insolvency cornmencement date, submit to the resolution professional the following information, updated as on that date, in such form and manner as may be specified, namely:-
(a) a list of claims, along with details of the respective creditors, their security interests and
660 G4l udsrq rtqqd, frqis ro qr zozl
guarantees, ifany; and
(b) a preliminary information rnemorandum cbntaining information relevarit for fbrmulating a resolution plan.
(2) Where any person has sustained any loss or damage as a consequence of the omission of any material information or inclusion of any misleading information in the list of claims or the preliminary information memorandum submitted by the corporate debtor, every person who-
(a) is a promoter or director or partner of the corporate debtor, as the case may be, at the time of submission of the list of claims or the preliminary information memorandum by the corporate debtor; or
(b) has authorised the submission of the list of claims or the preliminary information memorandum by the corporate debtor,
shall, without prejudice to section 77A,be liable to pay compensation to every person who has sustained such loss or damage.
(3) No person shall be liable under sub-section (2),
if the list of claims or the preliminary information memorandum was submitted by the corporate debtor without his knowledge or consent.
(4) Subject to section 548, any person, who sustained any loss or damage as a consequence of omission of material information or inclusion of any misleading information in the list of claims or the preliminary information memorandum shall be entitled to move a court having jurisdiction for seeking
compensation for such loss or damage.
54H. During the pre-packaged insolvency resolution
Management of affairs of
process period,-
corporate debtor.
(a) the management of the affairs of the corporate debtor shall continue to vest in the Board of Directors or the partners, as the case may be, of the corporate debtor, subject to such conditions as may be specified;
(b) the Board of Directors or the partners, as the
Edqrc{rtrrd,frriu ro
case may be, of the corporate debtor, shall make every endeavour to protect and preserue the value of tle property of the corporate debtor, and manage its operations as a going concern; and
(c) the promoters, members, personnel and partners, as the case may be, of the corporate debtor, shall exercise and discharge their contractual or statutory rights and obligations in relation to the corporate debtor, subject to the provisions of this Chapter and such other conditions and restrictions as may be prescribed.
Committee creditors.
54-I. (1) The resolution professional shall, within seven daysof the pre-packaged insolvency commencement date, constitute a committee of creditors, based on the list bf claims conflrmed under clause (a) of sub-section (2) of section 54F:
Provided that the composition of the committee of creditors shall be altered on the basis of the updated list of claims, in such manner as may be specified, and any such alteration shall not affect the validity of any past decision of the committee of creditors.
(2) The first meeting of the committee of creditors shall be held within seven days of the constitution of the committee of creditors.
(3) Provisions of section 21, except sub-section (1) thereof, shall, mutatis mutandis apply, in relation to the committee of creditors under this Chapter:
Provided thatfor the purposes of this sub-section, references to the "resolution professional" under sub- sections (9) and (10) of section 21, shall be construed as references to "corporate debtor or the resolution
professional".
54J. (1) Where the committee of creditors, at any time during the pre-packaged insolvency resolution process period, by a vote of not less than sixty-six per cent. of the voting shares, resolves to vest the
Vesting management of corporate debtor with resolution professional.
management of the corporate debtor with the resolution professional, the resolution professional shall make an application for this purpose to the Adjudicating Authority, in such form and manner as may be
specified-
(2) On an application made under sub-section (l), if the Adjudicating Authority is of the opinion that
660 (36) Bc#qqa {rqq:N, ftqis rr qr zozl
during the pre-packaged insolvency resolution
process-
- (a) the affairs of the corpor6te debtor have been
conducted in a fraudulent manner; or
(b) there has been gross mismanagement of the
affairs of the corporate debtor,
it shall pass an order vesting the management of the corporate debtor with the resolution professional.
(3) Notwithstanding anything to the contrary
contained in this Chapter, the provisions of -
(a) sub-sections (2) and (2A) of section 14;
(b) section 17;
(c) clauses (e) to (g) of section 18;
(d) sections 19 and20;
(e) sub-section (1) of section 25;
(f) clauses (a) to (c) and clause ftj of sub-
section (2) of section25; and
(g) section 28,
shall, mutatis mutandis apply, to the proceedings under this Chapter, from the date of the order under sub- section (2), until the pre-packaged insolvency resolution process period comes to an end.
Consideration and approval of resolution plan.
54K. (1) The corporate debtor shall submit the base resolution plan, referred to in clause (c) of sub-section (a) of section 54A, to the resolution professional within two days of the pre-packaged insolvency
commencement date, and the resolution professional shall present it to the committee of creditors.
(2) The committee of creditors may provide the corporate debtor an opportunity to revise the base resolution plan prior to its approval under sub-section (4) or invitation of prospective resolution applicants under sub-section (5), as the case may be.
uduqcrtqrd, fuio ro
the proceedings under this Chapter.
( ) The committee of creditor-s may approve the
base-resolution plan for submission to the Adjudicating Authority if it does not impair any claims owed by the corporate debtor to the operational creditors.
(5) Where -
(a) the committee of creditors does not approve
the base resolution plan under sub-section (4); or
(b) the base resolution plan impairs any claims owed by the corporate debtor to the operational creditors,
the resolution professional shall invite prospective resolution applicants to submit a resolution plan or plans, to compete with the base resolution plan, in such manner as may be specified.
(6) The resolution applicants submitting resolution plans pursuant to invitation under sub-section (5), shall fulfil such criteria as may be laid down by the resolution professional with the approval of the committee of creditors, having regard to the complexity and scale of operations of the busihess of the corporate debtor and such other conditions as may be specified.
(7) The resolution professional shall provide to the
resolution applicants, -
(a) the basis for evaluation of resolution plans for the purposes of sub-section (9), as approved by the committee of creditors subject to such conditions as may be specified; and
(b) the relevant information referred to in section 29, which shall, mutatis mutandisapply, to the proceedings under this Chapter,
in such manner as may be specified.
(8) The resolution professional shall present to the committee of creditors, for its evaluation, resolution plans which conform to the requirements referred to in sub-section (2) of section 30.
(9) The committee of creditors shall evaluate the resolution plans presented by the resolution professional and select a resolution plan from amongst them.
660 (38) E*qlra {rqqd, frqis r o qn zoz r
(10) Where, on the basis of such criteria as may be laid down by it, the committee of creditors decides that the _resolution plan selected unde_J sub-section (9) is significantly better than the base resolution plan, such resolution plan may be selected for approval under sub- section (l 2):
Provided that the criteria laid down by the committee of creditors under this sub-section shall be subject to such conditions as may be specified.
(11) Where the resolution plan selected under sub- section (9) is not considered for approval or does not fulhl the requirements of sub-section (10), it shall compete with the base resolution plan, in such manner and subject to such conditions as may be specified, and one of them shall be selected for approval under sub- section (12).
(12) The resolution plan selected for approval under sub-section (10) or sub-section (11), as the case may be, may be approved by the committee of creditors for submission to the Adjudicating Authority:
Provided that where the resolution plan selected for approval under sub-section (11) is not approved by the committee of creditors, the resolution professional shall file an application for termination of the pre-packaged insolvency resolution process in such form and manner as may be specified.
(13) The approval of the resolution plan under sub- section (4) or sub-section (12), as the case may be, by the committee of creditors, shall be by a vote of not less than sixty-six per cent. of the voting shares, after considering its feasibility and viability, the manner of distribution proposed, taking into account the order of priority amongst creditors as laid down in sub-section (l) of section 53, including the priority and value of the security interest of a secured creditor and such other requirements as may be specified.
(1a) While considering the feasibility and viability of a resolution plan, where the resolution plan submitted by the corporate debtor provides for impairment of any claims owed by the corporate debtor, the committee of creditors may require the promoters of the corporate debtor to dilute their shareholding or voting or control rights in the corporate debtor:
660 (3e)
Bdiqrra {rqq{, frqifi r o q{ zoz r
Provided that where the resolution plan does not provide for such dilution, the committee of creditors shall prior to the approval ofsuch resolution plan under sub-section (4)'or sub-section (12), as the case may be, record reasons for its approval.
(15) The resolution professional shall submit the resolution plan as approved by the committee of creditors under sub-section (4) or sub-section (12), as the case may be, to the Adjudicating Authority.
Explanation.l.-For the removal of doubts, it is hereby clarified that, the corporate debtor being a resolution applicant under clause (25) of section 5, may submit the base resolution plan either individually or jointly with any other person.
Explanation II.-For the purposes of sub- sections (4) and (14), claims shall be considered to be impaired where the resolution plan does not provide for the fulIpayment of the confirmed claims as per the updated list of claims maintained by the resolution professional.
Approval of
resolution plan.
54L. (1) If the'Adjudicating Authority is satisfied that the resolution plan as approved by the committee of creditors under sub-section (4) or sub-section (12) of section 54K, as the case may be, subject to the conditions provided therein, meets the requirements as referred to in sub-section (2) of section 30, it shall, within thirry days of the receipt of such resolution plan, by order approve the resolution plan:
Provided that the Adjudicating Authority shall, before passing an order for approval of,a resolution plan under this sub-section, satisSr itself that the resolution plan has provisions for its effective implementation.
(2) The order ofapproval under sub-section (1) shall have such effect as provided under sub-sections (1), (3) and (4) of section 31, which shal| mutatis mutandis apply, to the proceedings under this Chapter.
(3) Where the Adjudicating Authority is satisfied that the resolution plan does not conform to the requirements referred to in sub-section (1), it may,
within thirfy days of the receipt of such resolution plan, by an order, reject the resolution plan and pass an order under section 54N.
(4) Notwithstanding anything to the contrary
660 (40) vftqq vqqd, ftci6 r o qr zoz r
contained in this section, where the Adjudicating Authority has passed an order under sub-section (2) of section 54J and the resolution pbn approved by the committee of creditors under sub-section (4) or sub- section (12), as the case may be, of section 54K, does not result in the change in the management or control of the corporate debtor to a person who was not a promoter or in the management or control of the colporate debtor,
the Adjudicating Authority shall pass an order -
(a) rejecting such resolution plan;
(b) terminating the pre-packaged insolvency resolution process and passing a liquidation order in respect ofthe corporate debtor as referred to in sub- clauses (i), (ii) and (iii) of clause (b) of sub-section (1) ofsection 33; and
(c) declaring that the pre-packaged insolvency resolution process costs, if any, shall be included as part of the liquidation costs for the purposes of liquidation of the corporate debtor.
Appeal against order under
section 54L.
54M. Any appeal from an order approving the resolution plan under sub-section (1) of section 54L, shall be on the grounds laid down in sub-section (3) of section 61.
54N. (1) Where the resolution professional files an
Termination of pre-packaged
application with the Adjudicating Authority, -
insolvency resolution process.
(a) under the proviso to sub-section (12) of
section 54K; or
(b) under sub-section (3) of section 54D,
the Adjudicating Authority shall, within thirty days
ofthe date ofsuch application, by an order, -
. (i) terminate the pre-packaged insolvency
resolution process; and
(ii) provide for the manner of continuation of proceedings initiated for avoidance of transactions under Chapter III or proceedings initiated under section 66 and section 67A, if
any.
dde]r€trdqd, ftri+ ro
roo (lr) (2) Where the resolution professional, at any time after the pre-packaged insolvency commencement date, but before the approval of resolution plan under sub- section (4) or sub-section (12), as the case may be, of section 54K, intimates the Adjudicating Authority of the decision of the committee of creditors, approved by a vote of sixty-six per cent. of the voting shares, to terminate the pre-packaged insolvency resolution process, the Adjudicating Authority shall pass an order under sub-section (l).
(3) Where the Adjudicating Authority passes an order under sub-section (1), the corporate debtor shall bear the pre-packaged insolvency resolution process costs, if any.
(4) Notwithstanding inything to the confary contained in this section, where the Adjudicating Authority has passed an order under sub-section (2) of section 54J and the pre-packaged insolvency resolution process is required to be terminated under sub-section
(1), the Adjudicating Authority shall pass an order -
(a) of liquidation in respect of the corporate debtor as referred to in sub-clauses (i), (ii) and (iii) ofclause (b) ofsub-section (1) ofsection 33; and
(b) declare that the pre-packaged insolvency resolution process costs, if any, shall be included as part of the liquidation costs for the purposes of liquidation of the corporate debtor.
Initiation of
corporate insolvency resolution process.
54-O. (1) The committee of creditors, at any time after the pre-packaged insolvency commencement date but before the approval of resolution plan under sub- section (4) or sub-section (12), as the case may be, of section 54K, by a vote of sixty-six per cent. of the voting shares, may resolve to initiate a corporate insolvency resolution process in respect of the corporate debtor, ifsuch corporate debtor is eligible for corporate insolvency resolution process under Chapter II.
(2) Notwithstanding' anything to the contrary contained in Chapter II, where the resolution professional intimates the Adjudicating Authority of the decision of the committee of creditors under sub-section (1), the Adjudicating Authority shall, within thirty days
of the date of such intimation, pass an order to -
(a) terminate the pre-packaged insolvency
660 (421 effiwra nqq*, fuim ro qr zoz r
resolution process and initiate corporate insolvency resolution process under Chapter II in respect of the corporate debtor;
(b) appoint the resolution professional referred to in under clause (b) of sub-section (l) of section 54E as the interim resolution professional, subject to, submission of written consent by such resolution professional to the Adjudicatory Authority in such form as may be specified; and
(c) declare that the pre-packaged insolvency resolution process costs, if any, shall be included as part of insolvency resolution process costs for the purposes of the corporate insolvency resolution process ofthe corporate debtor.
(3) Where the resolution professional fails to submit written consent under clause (b) of sub-section (2), the Adjudicating Authority shall appoint an interim resolution professional by making a reference to the Board for recommendation, in the manner as provided under section 16.
(4) Where the Adjudicating Authority passes an
order under sub-section (2) -
(a) such order shall be deemed to be an order of admission of an application under section 7 and
shall have the same effect;
(b) the corporate insolvency resolution process
shall commence from the date of such order;
(c) the proceedings initiated for avoidance of transactions under Chapter III or proceedings initiated under section 66 and section 67A, if any, shall continue during the corporate insolvency resolution process;
(d) for the purposes of sections 43, 46 and 50, references to "insolvency commencement date" shall mean "pre-packaged insolvency
commencement date"; and
(e) in computing the relevant time or the period for avoidable transactions, the time-period for the duration of the pre-packaged insolvency resolution process shall also be included, notwithstanding anything to the contrary contained in sections 43,46 and 50.
ud.{Fcw[d, frqi+ 1o
660 (43)
Application of provisions of Chapters II, ill VI, and VII to this Chapter.
54P. (l) Save as provided under this Chapter, the provisions of sections 24, 25 A, 26, 27, 28, 29 A, 32A, 43 to 51; and the provisions of Chaptees VI and VII of this Part shall, mutatis mutandis apply, to the pre-packaged insolvency resolution process, subject to the following, namely:-
(a) reference to "members of the suspended Board of Directors or the partners" under clause (b) of sub-section (3) of section 24 shall be construed as reference to "members of the Board of Directors or the partners,unless an order has been passed by the Adjudicating Authority under section 54J";
(b) reference to "clause fi) of sub-section (2) of section 25" under section 26 shall be construed as reference to "clause G) df sub-section (2) of section 54F";
(c) reference to "section 16" under section 27
shall be construed as reference to "section 548";
(d) reference to "resolution professional" in sub- sections (1) and (a) of section 28 shall be construed as "corporate debtor";
sub-section reference to
(e) reference to "section 31" under (3) of section 61 shall be construed as "sub-section (1) of section54L";
(f) reference to "section 14" in sub-sections (1) and (2) of section 74 shall be construed as reference to "clause (a) ofsub-section (1) ofsection 54E";
(g) reference to "section 31" in sub-section (3) of section 74 shall be construed as" reference to "sub-section (1) of section 54L".
(2) Without prejudice to the provisions of this Chapter and unless the context otherwise requires, where the provisions of Chapters II, III, VI and VII are applied to the proceedings under this Chapter, lqfslsnsss 16 -
(a) "insolvency coflrmencement date" shall be construed as references to "pre-packaged insolvency commencement date";
(b) "resolution professional" or "interim
resolution professional", as the case may be, shall be
construed as references to the resolution
660 (441 BfuEtrqq{,frqiq 16q12621
profession4l appointed under this Chapter:
(c) "corporate insolvency resolution process" shall be construed as referencEs to "pre-packaged insolvency resolution process"; and
(d) "insolvency resolution process period" shall be construed as references to "pre-packaged
insolvency resolution process period.".'.
Amendment of section 6 I .
9. In section 61 of the principal Act, for sub-section (4), the following sub-sections shall be substituted, namely:-
"(4) An appeal against a liquidation order passed under section 33, or sub-section (a) of section 54L, or sub-section (a) of section 541.{, may be filed on grounds of material irregularity or fraud committed in relation to such a liquidation order.
(5) An appeal against an order for initiation of corporate insolvency resolution process passed under sub-section (2) of section 54-O may be filed on grounds of material irregularity or fraud committed in relation to such an order." .
10.In section 65 of the principal Act, after sub-section
Amendment of section 65.
(2), the following sub-section shall be inserted, namely: -
"(3) If, any person initiates the pre-packaged
insolvency resolution process-
(a) fraudutentiy or with malicious intent for any purpose other than for the resolution of insolvency; or
(b) with the intent to defraud any person,
the Adjudicating Authority may impose upon such person a penalty which shall not be less than one lakh rupees, but may extend to one crore rupees.".
11. After section 67 of the principal Act, the following
Insertion of new section 674.
section shall be inserted, namely:-
*67A. On and after the pre-packaged insolvency
Fraudulent management of corporate debtor during pre-
packaged
insolvency resolution process.
commencement date, where an officer of the corporate debtor manages its affairs with the intent to defraud creditors ofthe corporate debtor or for any fraudulent pulpose, the Adjudicating Authority may, on an application by the resolution professional, pass an order imposing upon any such officer, a penalty which
u*wrtqq",ftqio rr
shall not be less than one lakh rupees, but may extend to one crore rupees.".
12.In section 77 of the principal Act, the Explanation
shall be omitted.
Omission of Explanation to section 77.
13. After section 77 of the principal Act, the following Insertion ofnew section 77A.
section shall be inserted, namely:-
{{^{{FOOTNOTE *77}}}}A. (1) Where-
Punishment for offences related to pre-packaged insolvency resolution process.
(a) a corporate debtor provides any information in the application under section 54C which is false in material particulars, knowing it to be false
oromits any material fact, knowing it to be material; or
(b) a corporate debtor provides any information in the list of claims or the preliminary information memorandum submitted under sub-section (1) of section 54G which is false in material particulars, knowing it to be false or omits any material fact, knowing it to be material; or
(c) any person who knowingly and wilfully authorised or permitted the furnishing of such information under sub-clauses (a) and (b),
such corporate debtor or person, as the case may be, shall be punishable with imprisonment for a term which shall not be less than three years, but which may extend to five years or with fine which shall not be less than one lakh rupees, but which may extend to one crore rupees, or with both.
(2) If a director or partaer of the corporate debtor, as the case may be, deliberately contravenes the provisions of Chapter III-A, such person shall be punishable with imprisonment for not less than three years, but which may extend to five years, or with fine which shall not be less than one lakh rupees, but which may extend to one crore rupees, or with both.
Explanation
-For the purposes of this section, and sections 75,76 andT'7, an application shall be deemed to be false in material particulars in case the facts
660 (46) udqrrB {qrd, ftiqiu r c qr zozr
mentioned or omitted in the application, if true, or not omitted from the application as the case may be, would have- been sufficient to determine* the existence of a default under this Code.".
14. In section 208 of the principal Act,-
Amendment of section 208.
(i) after clause (c), the following clause shall be
inserted, namely:-
"(ca) pre-packaged insolvency resolution
process under Chapter III-A of Part II;";
(ii) after sub-section (l), the following sub-section
sha[[ be inserted, namely:-
"(1A) Where the- name of the insolvency professional proposed to be appointed as a resolution professional, is approved under clause (e) of sub-section (2) of section 54A, it shall be the function of such insolvency professional to take such actions as may be necessary to perform his functions and duties prior to the initiation of the pre-packaged insolvency resolution process under Chapter III-A of Part II." .
Amendment of section 239.
15. In section 239 of the principal Act, in sub-section (2),after clause (fc), the following clauses shall be inserted, namely:-
"(fd) the form, particulars, manner and fee for making application before the Adjudicating Authority under sub-section (2) of section 54C;
(fe) the conditions and restrictions with which the promoters, members, personnel and partners of the corporate debtor shall exercise and discharge contractual or statutory rights and obligations under clause (c) of section 54H;".
16. In section 240 of theprincipal Act, in sub-section
Amendment of section 240.
(2),-
(i) after clause (e), the following clause shall be
inserted, namely:-
"(ea) the other costs under sub-clause (e) of
clause (23C) of section 5;";
(ii) after clause (zk), the following clauses shall be
inserted, namely:-
Ei*{Frd{Elr{,frqis ro
_
"(zka)such number of financial creditors and the manner of proposing the insolvency professional, and the form for approving such insolvency professional by the financial creditors under clause (e), the persons who shall provide approval under the proviso to clause (e), the fonn for making a declaration under clause (f) of sub- section (2) of section 54A;
(zkb) the form for obtaining approval from financial creditors under sub-section (3), and the persons who shall provide approval under the proviso to sub-section (3) of section 54A;
(zkc) the other conditions for the base resolution plan under clause (c), and such information and documents under clause (d) of sub-section.(4) of sectio n 54A;
(zkd) the form in which the report is to be prepared under clause (a), such reports and other documents under clause (b), and such other duties under cause (c) of sub-section (l), and the manner of determining the fees under sub-section (3) of
section 54B;
(zke) the form for providing written consent of the insolveqcy professional under clause (b), the form for declaration under clause (.); the information relating to books of account and such other documents relating to such period under clause (d) of sub-section (3) of section 54C;
(zk| the form and manner for making application for termination of the pre-packaged insolvency resolution process under sub-section (3) of section 54D;
(zkg) the form and manner of making public announcement under clause (c) of sub-section (1) of section 54E;
(zkn) the manner of confirming the list of claims under clause (a), the manner of informing creditors under clause (b), the manner of maintaining an updated list of claims under clause (c), the form and manner of preparing the information memorandum under clause (g), and such other duties under clause (i) of sub-section (2) of section 54F;
660 (48)
ud{Tfrc {q[d, fuia r r qr zoz I
(zki) such other persons under clause (c), the manner of appointing accountants, legal or other _ professionals under clause (e), such other matters under sub-clause (iv) of clause (f) and the manner of taking other actions under clause (g) of sub- section (3) of section54F;
(zkj) the manner of determination of fees and expenses as may be incurred by the resolution professional under sub-section (6) ofsection 54F;
(zkk) manner of bearing fees and expenses
under sub-section (7) of section 54F;
(zkl) the form and manner of list of claims and preliminary information memorandum under sub- section (1) of section 54G;
(zkm) .the conditions under clause (a) of
section 54H;
(zkn) the manner of alteration of the composition of the committee of creditors under the proviso to sub-section (1) ofsection 54I;
(zko) the form and manner of making
application under sub-section (1) of section 54J;
(zkp) the manner of inviting prospective resolution applicants under sub-section (5) of section 54K;
(zkq) other conditions under sub-section (6) of
section 54K;
(zkr) the conditions under clause (a) and the manner of providing the basis for evaluation of resolution plans and the information referred to in section 29 under sub-section (7) of section 54K;
(zks) the conditions under the proviso to sub-
section (10) of section 54K;
(zkt) the manner and conditions under sub-
section (11) of section 54K;
(zku) ttre form and manner of filing application under the proviso to sub-section (12) of section 54K;
(zkv) other requirements under sub-section
(13) of section 54K;
550 (4e)
giFnqrE rrffi, Qiqis ro u{ zozr
(zkw) the form for submission of written consent under clause (b) of sub-section (2) of
-section 54-Oi'.
17. In section 240A of the principal Act, in sub- Amendment of section (l), after the words "corporate insolvency section 240A. resolution process", the words "or pre-packaged.
insolvency resolution process" shall be inserted.
RAM NATH KOVTND, President.
DR. G. NARAYANA RAru, Secretary to the Govt. of India.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 13th April, 2021/Chaitra23, 1943 (Saka)
THE COMMISSION FOR AIR QUALITY
MANAGEMENT IN NATIONAL CAPITAL REGION AND ADJOINING AREAS ORDINANCE, 2O2I
Promulgated by the President in the Seventy-second
Year of the Republic of India.
An Ordinance to provide for the constitution of the Commission for Air Quality Management in National
Capital Region and Adjoining Areas for better co-ordination, research, identification and resolution of problems surrounding the air quality index and for matters connected therewith or incidental thereto.
660 (s1)
660 (s2)
tl-#err6ttqqd, frcifi ro qr zozr
WHEREAS the Cornmission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020 was promulgated by the President on the 28'hd.ay of ord.t: of 2020 October,2020;
AND WHEREAS the Bill to replace the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020 has not been passed;
AND WHEREAS the Commission constituted under section 3 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020 was operational, but ceased to exist on account of lapse of said Ordinance on the l2thday of March, 202I;
AND WHEREAS the continuance of the Commission is necessary for effective management of air quality in the National Capital Region and Adjoining Areas;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him 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:-
CHAPTER I
PRELIMINARY
Short title, application and commencement.
1. (l) This Ordinance may be called the Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2021.
(2) It shall apply to the National Capital Region and also to adjoining areas in so far as it relates to matters concerning air pollution in the National Capital Region.
(3) It shall come into force at once.
Definitions.
2. (1) In this Ordinance, unless the context otherwise
requires,-
(a) "adjoining areas" means the areas in the States of Haryana, Punjab, Rajasthan and Uttar Pradesh, adjoining 660 (s3)
Y*erqttqcrd, ft
Capital Region, where any source of pollution is located, causing adverse impact on air quality in the National Capital Region;
(b) "Associate Member" rneans a member who is co-
opted under sub-section (3) ofsection 3;
(c) "Chairperson" means the Chairperson of the Commission for Air Quality Management in National Capital Region and Adjoining Areas referred to in
section 3;
(d) "Commission" means the Commission for Air Quality Management in National Capital Region and
Adjoining Areas constituted under section 3;
(e) "Member" means a Member of the Commission
and includes the Chairperson thereof;
2 of 1985.
(f) "National Capital Region" shall have the same meaning as assigned to it in clause (0 of section 2 of the National Capital Region Planning Board Act, 1985;
(g) "prescribed" means prescribed by rules made
under this Ordinance.
26 of 1986.
(2) The words used herein and not defined, but defined in the Environment (Protection) Act, 1986, shall have the meaning as assigned to them in that Act.
CHAPTER II
COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAL REGION AND ADJOINING AREAS
Constitution of Commission.
3. (1) The Central Govemment shall, by notification in the Official Gazette, constitute a body to be known as the Commission for Air Quality Management in National
Capital Region and Adjoining Areas to exercise the powers conferred upon, and to perform the functions assigned to,
that Commission under this Ordinance.
(2) The Commission shall consist of the following
Members-
(a) a full-time Chairperson having special knowledge in
660 (s4) Br#qrr6rNnq-d, fttia roqr zozr
the field of environment protection or pollution control with experience of not less than fifteen years or having administrative experience of not less than twenty-five years;
(b) a representative of the Secretary to the Govermnent of India in the Ministry of Environment, Forest and Clirnate Change, who shall be an officer not below the rank of Joint Secretary, ex fficio;
(c) five ex-fficio Members who are either Chief Secretaries, or Secretaries in-charge of the department dealing with environment protection in the National Capital Territory of Delhi and the States of punjab, Haryana,
Rajasthan and Uttar Pradesh;
(d) one full-time member who is or has been a Joint
Secretary to the Govefnment of India;
(e) three fuIl-time independent technical Members to be appointed from amongst persons having specific scientific knowledge and experience in matters relating to air
pollution;
(f) one technical member from the Central pollution
Control Board, ex fficio;
(g) one technical member to be nominated by the Indian
Space Research Organisation, ex fficio;
(h) three members from non-Governmental organisations having experience in matters concerning combating of air pollution;
(D one representative of the National Institution for Transforming India, not below the rank of Joint Secretary or Adviser, ex fficio;
O one officer in the rank of Joint Secretary to the Government of India to be appointed by the Central Government as a full-time Member-Secretary of the
Commission;
(k) three members, being stakeholders from such sectors
as agriculture, industry, transport or construction.
(3) The Commission may co-opt the following persons as
Associate Members, namely:-
660 (ss)
,frci6 toq{ zozr
(a) a representative of the Ministry of Road Transport and Highways, not below the rank of Joint Secretary to the
GovernmeRt of India;
(b) a representative of the Ministry of Power, not below
the rank of Joint Secretary to the Govemment of India;
(c) a representative of the Ministry of Housing and Urban Affairs, not below the rank of Joint Secretary to the Government of India;
(d) a representative of the Ministry of Petroleum and Natural Gas, not below the rank of Joint Secretary to the
Govemment of India;
(e) a representative of the Ministry of Agriculture and Farmers' Welfare, not below the rank of Joint Secretary to
the Government of India;
(f) a representative of the Ministry of Commerce and Industry, not below the rank of Joint Secretary to the Government of India;
(g) a representative of any associatiqn of commerce or
industry;
(h) such other Associate Members, as may be prescribed.
(4) The Member-Secretary shall be the Chief
Coordinating Officer of the Commission and shall assist the Commission in the discharge of its functions under this
Ordinance.
(5) The headquarters of the Commission shall be at Delhi
and the Commission may, with the previous approval of the Central Government, establish offrces at other places in National Capital Region or Adjoining Areas.
(6) Notwithstanding anything contained in any other law for the time being in force, and notwithstanding any judgment or order of any court, the Commission shall have exclusive jurisdiqtion in the National Capital Region and Adjoining Areas in respect of matters covered by this Ordinance and no other body, authority, individual or committee shall have any power or jurisdiction in the matters
660 (s6)
itffi€flEttqqd, frcis ro qr zozr
covered under this Ordinance:
Provided that the powers, functions and duties of the Comrnission shall not be in derogation of the powers, functions and duties of the Central Goverrrment, the Governments of the National capital territory of Delhi and of the States of Punjab, Haryana. Rajasthan and Uttar Pradesh, the Central Pollution Control Board, the State Pollution Control Boards of the States of punjab, Haryana, Rajasthan and Uttar Pradesh and the Follution Control Committee of the State of Delhi:
Provided further that in case of any conflict in the orders or directions of the Commission and the Governments of the National Capital territory of Dethi and of the States of Punjab, Haryana, Rajasthan and Uttar pradeshor the Central Pollution control Board or the State pollution control Boards of the States of Punjab, Haryana, Rajasthan and Uttar Pradesh or the Pollution control committee of the State of Delhi or any other statutory authority set up or established under a State Act, the order or direction of the Commission shall prevail.
Appointment of Chairperson, Members and Member-
4. (l) The full-time Chairperson and full-time Members, other than ex fficio Members, of the Commission shall be appointed by the Central Government:
Secretary.
Provided that every appointment under this sub-section shall, subject to the provisions of second proviso, be made on the recommendations of a selection committee consisting of-
(a) Minister in-charge of the Ministry of Environment, Forest and Climate Change in the Government of India-
Chairperson;
(b) Minister in-charge of the Ministry of Commerce and
Industry in the Government of India- member;
(c) Minister in-charge of the Ministry of Road Transport
and Highways in the Government of India - member;
(d) Minister in-charge of the Ministry of Science and
Technology in the Government of India- member;
660 (s7) . Edsrc{rqqq,fr{i6l6qil2o2t
(e) Cabinet Secretary- member:
Provided further that in case where the Central Govemment appoints a serving officer as the Chairperson under clause (a) of sub-section (2) of section 3, or the full- time Mernber under clause (d) thereof, then, no recommendation of the Selection Committee shall be
required.
(2) No appointment of the Chairperson or a Member shall be invalid merely by reason of any vacancy of any member
in the Selection Committee referred to in sub-section (1).
(3) The appointment of the Member-Secretary of the Commission shall be made by -the Central Government in
such manner, subject to such terms and conditions, as may be
prescribed.
Resignation
and removal of
Chairperson 5. (1) The full-time Chairperson or a Member, other than an ex fficio member, may, by notice in writing under his hand addressed to the Central Government, resign his office.
and Members- (2) The Central Government may remove the Chairperson or any member, other than afi ex fficio member, from his office, in such manner as may be prescribed, if such person--
(a) is adjudged an insolvent;
(b) engages during his term of offrce in any paid
employment outside the duties of his office;
(c) is unfit to continue in office by reason of infirmity of
mind or body;
(d) is of unsound mind and stands so declared by a
competent court;
(e) has so abused his position as to render his continuance
in office prejudicial to the public interest;
(f) has acquired such financial or other interest as is likely
to affect prejudicially his functions; or
(g) is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Govemment involves moral turpitude:
Provided that no such Mernber shall be so removed,
660 (ss)
u*{Fr€ttorurd, frqi6 r o qI zoz r
unless he has been given an opportunity of being heard.
Term of office
6. The full-time Chairperson or a Member, other than an
of Chairperson
ex-officio member, shall hold office for a term of three years
and Members.
from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier, and shall be eligible for re-appointment.
Member to act
as Chairperson or to discharge his flinctions in cerlain
circumstances.
7. (1) In the event of the occuffence of any vacancy in the office of the Chairperson by reason of death, resignation or otherwise, the Central Government may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the Members as. the Central Goverrrment ffiay, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the
Chairperson resumes his duties.
Terms and conditions of service of Chairperson and Members.
8. The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members, other than ex fficio members, shall be such as may be prescribed:
Provided that neither the salary and allowances nor the
other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his
appointment.
9. No act or proceedings of the Commission shall be invalidated merely on the ground of existence of any
vacancy or defect in the constitution of the Commission.
Vacancies, etc., not to invalidate proceedings of Commission.
be
Procedure to
10. (l) The Commission shall meet at such time and place
by
as the Chairperson may think fit.
regulated Commission.
(2) Subject to the provisions of this Ordinance and the
rules made thereunder, the Commission shall have the power
to lay down by regulations its own procedure.
(3) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by the Chairperson in
BftflqrTd{rqqd,frqia ro
this behalf.
(a) The Commission may, by general or special ord.er, subject to such conditions and limitations, if any, as may be specified therein, delegate to the Chairperson, full_time member, Member-Secretary or any Sub-Committee constituted under section 11, such of its powers under this ordinance (except the power to make regulations under section 25), as it may deem necessary or expedient for the purpose of protecting and improving the quality of the air in the Nation Capital Region and Adjoining Areas.
Sub- 11. (1) The Commission shall have at least the following
Committees three Sub-Committees-
(a) Sub-Committee.on Monitoring and Identifi cation;
and other staff of
Commission.
(b) Sub-Committee on Safeguarding and Enforcement;
(c) Sub-Committee on Research and Development.
(2) The Sub-Commiffee on Monitoring and Identification shall be headed by a Member of the commission chosen by it and shall have the following additional members,
namely:-
(a) one representative from the central pollution control
Board;
(b) one representative each from the State pollution Control Board or Committee, as the case may be, of the National Capital territory of Delhi, punjab, Haryana, Rajasthan and Uttar pradesh;
(c) one representative from the National Environmental
Engineering Research Institute; and
(d) such other members as may be specified by
regulations.
(3) The Sub-Committee on Safeguarding and Enforcement shall be headed by the full-time chairperson of the commission and shall have the following additional members, namely :-
(a) one representative each, not below the rank of Secretary from the department tackling air poflution from the National capital territory of Delhi and the states of punjab,
660 (60)
, frci6 to W zozr
Haryana, Rajasthan and Uttar Pradesh;
the State Pollution case may be, trom
(b) one representative each from Control Bbard or Committee, as the National Capital territory of Delhi and the States of Punjab,
Haryana, Rajasthan and Uttar Pradesh;
(c) one officer not below the rank of Inspector General of Police or equivalent from the National Capital territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar
Pradesh;
(d) such other members as may be specified by
regulations.
(a) The Sub-Committee on Research and Development shall be headed by a full-time technical member of the Commission and shall have the following additional members, namely:-
(a) two technical representatives from the National
Environmental Engineering Research Institute;
(b) one technical representative each from research institutions or Universities or colleges or organisations in the National Capital territory of Delhi and in the States of Punjab, Haryana, Rajasthan and Uttar Pradesh;
(c) two technical representatives from the field of medicine and research working or studying on the impact of air pollution on living beings;
(d) such other members as may be specified by
regulations.
(5) The Commission may also constitute such other Sub-
Committees as it thinks fit.
(6) The members of the Sub-Committees, other than ex fficio members, shall be paid such allowances as may be prescribed.
(7) The Central Govemment, in consultation with the Commission, shall determine the nafure and the categories of officers and other staff required to assist the Commission in the discharge of its function and provide the Commission with such offrcers and employees as it may deem fit.
,frqin rr
(8) The officers and other staff of tire Commission shall discharge their duties and functions under the General Superintendence of the Chairperson.
(9) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (7)
shall be such as may be prescribed.
CHAPTER III
POWERS AND FUNCTIONS OF THE COMMISSION
Powers and functions of Commission.
12. (1) Notwithstanding anything contained in any other law for the time being in force, the Commission shall have the power to take all such measures, issue directions and entertain complaints, as it deems- necessary or expedient for the purpose of protecting and improving the quality of the air in the National Capital Region and Adjoining Areas and shall also have the duty to take all such measures as may become necessary for protecting and improving the quality of the air in the National Capital Region and Adjoining
Areas-
(2) In particular and without prejudice to the generality of sub-section (1), the Commission shall, for the purposes of sub-section (1), have the following powers to perform its duties, including taking measures to abate air pollution and to regulate or prohibit activities that are likely to cause or increase air pollution in the National Capital Region and Adjoining Areas, namely:-
(i) co-ordination of actions by the Governments of the National Capital territory of Delhi and the States of punjab, Haryana, Rajasthan and Uttar Pradesh, officers and other authorities under this Ordinance or the rules made thereunder or under any other law for the time being in force, which is relatable to the objects of this Ordinance;
(ii) planning and execution of a programme for the region
for the prevention, control and abatement of air pollution;
(iii) laying down parameters for the quality of air
various aspects;
(iv) laying down parameters environmental pollutants from
for emission or discharge of various sources whatsoever
660 (62) uderrE {rq[d, frrim rr qr zoz r
that have implications on air quality in the region:
Provided that different parameters for emission or discharge may be laid down under this'tlause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such
sources that have implications on air quality in the region;
(v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes, that have implications on air quality in the region, shall not be carried out or shall be carried out subject to certain
safeguards;
(vi) carrying out and requiring investigations and research relating to problems of environmental pollution that have implications on air quality in the region;
(vii) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of air pollution in the region;
(viii) collection and dissemination of information in
respect of matters relating to air pollution in the region;
(ix) preparation of manuals, codes or guides relating to the prevention, control and abatement of air pollution in the region;
(x) appoint officers, with prior approval of the Central Government, with such designations as it thinks fit for the purposes of this Ordinance and may entrust to them such of the powers and functions under this Ordinance or for the purposes of achieving the objects of this Ordinance as it may deem fit.
(xi) issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.
Explanation.-Por avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-
660 (63)
Edwr€ {rsrd, ftqi6 t6 qil 2o2 l
(a) the ciosure, prohibition or re,euiation of any industry,
operation or process; or
(b) stoppage or regulation of the supply of electricity or
water or any other service.
(3) (a) Subject to the provisions of this section, any person
authorised by the Commission in this behalf shall have a right to enter, at all reasonable times and with such assistance as he
considers necessary, any place, for the purpose of -
(i) performing any of the functions of the Commission
entrusted to him;
(ii) determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Ordinance or the rules made thereunder or any notice, order, direction or authorisation served, made, given or granted under this Ordinance is being or has been complied with;
(iii) examining and testing any equipment, industrial plant,
record, register, document or any other material object or for conducting a search of any building in which he has reasons to believe that an offence under this Ordinance or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the Commission of an offence punishable under this Ordinance or the rules made thereunder or that such seizure is necessary to prevent or mitigate environmental pollution.
(b) every person carrying on any industry, operation or process or handling any hazardous substance shall be bound to render all assistance to the person empowered by the Commission under clause (a) for carrying out the functions under that clause and if he fails to do so without arry reasonable cause or excuse, he shall be guilty of an offence under this Ordinance.
(c) if any person willfully delays or obstructs any person authorised by the Commission under clause (a) in the performance of his functions, he shall be guilty of an offence under this Ordinance.
6604 (64) udwrr6 {rsqd, frcis r o qr zoz r
(d) the provisions of the Code of Criminal Procedure,
1973 shall apply to any search or seizure under this section as 2of 19i4 they apply fo any search or seizure made under the authority of a wanant issued under section 94 of the said Code or, as the case may be, under the corresponding provisions of the said law.
(4) (a) The Commission or any officer authorised by it in this behalf, shall, for the purpose of analysis, have power to take samples of air from any factory, premises or other place in such manner as may be prescribed.
(b) the result of any analysis of a sample taken under clause (a) shall not be admissible in evidence in any legal proceeding unless the provisions-of ciauses (c) and (d) are complied with.
(c) subject to the provisions of clause (d), the person
taking the sample under clause (a) shall,-
(i) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed;
(ii) in the presence of the occupier or his agent or person,
collect a sample for analysis;
(iii) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person;
(iv) send without delay, the container or the containers to the laboratory established or recognised by the Cenkal
Government;
(d) when a sample is taken for analysis under clause (a) and the person taking the sample serves on the occupier or his agent or person, a notice under sub-clause (i) of clause (c), then,-
(i) in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the
ucft$rdrtqqd,ftrim ro
sarnple; and
(ii) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under sub-clause (iii) of clause (c), the marked and sealed container or containers shall be
signed by the person taking the samples,
and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or recognised by the Central Government and such person shall inform the Government Analyst appointed or recognised, about the wilful absence of the occupier or his agent or percon, or, as the case may be, his refusal to sign the
container or containers.'
(5) In discharge of its functions and exercising of its authority, the Commission and the Sub-Committees mentioned in section 1l shall be bound by such general or specific directions of the Cenhal Government, as may be issued from time to time.
(6) For removal of doubts, it is hereby clarified that notwithstanding anything contained in any other law for the time being in force, and notwithstanding any judgment or order of any court, and subject to the provisions of this Ordinance, the Commission shall have exclusive jurisdiction in respect of matters covered by this Ordinance and no other body or authority or committee or individual shall have any power or jurisdiction in that matter.
(7) In particular and without prejudice to the generality of the foregoing provisions, the Commission shall perform all or any of the following functions, namely:-
(a) take up matters suomotu, or on the basis of complaints made by any individual, representative body or organisation functioning in the field of environment, against any individual, association, company, public undertaking or local body carrying on any industry, operation or process;
(b) provide the mechanism and the means to implement in
the National Capital Region and Adjoining Areas -
660 (66) Bdqrkr irqrd, frqi6 ro qr zoz r
(i) the National Clean Air Progralnme;
(ii) the National Air Quality Monitoring Programme;
(iii) the National Ambient Air Quality Standards;
(c) provide an effective framework and platform in the
National Capital Region and Adjoining Areas for -
(i) source identification of air pollutants on a periodic
basis;
(ii) taking on-ground steps for curbing air pollution;
(iii) specific research and development in the field of air pollution;
(iv) synergising the energies afld efforts of all stakeholders in developing innovative ways to monitor, enforce and research on the issues concerning air pollution;
(v) building a network between technical institutions working or researching in the field of air pollution;
(vi) intemational co-operation including sharing of
international best practices in the field of air pollution;
(vii) training and creating a special work-force for tackling the problem of air pollution;
(d) provide an effective frame work
plan and take
appropriate steps for -
(i) tackling the problem of stubble burning;
(ii) monitoring, assessing and inspecting air polluting
agents;
(iii) increasing plantation;
(e) monitoring the measures taken by the States to prevent
stubble burning;
(f) undertake and promote research in the field of air
pollution;
(g) spread awareness regardi4g air pollution among various sections of society and promote awareness of the collective steps that the public may take through publications,
the media, seminars and other available means;
(h) encourage the efforts of non-governmental
ad€rB{qqd,frqis'to
organisations and institutions working in the field of air pollution;
(i) any other functions as have been entrusted 1o any adhoc committee or commission or task force or body formed for the purpose of dearing with issues conceming air pollution, stubble burning or the monitoring of related factors, in pursuance of any judicial order passed for the time being in
force;
O such other functions as it may consider necessary for the prevention of air pollution in the National capital Region and Adjoining Areas.
Annual report.
13. (1) The Commission sh-all furnish to the Central Government an annual report containing such details of the steps taken, proposals' made, researches awaited and other measures undertaken by it in pursuance of its functions under section 12, in such form and manner as may be specified by
regulations.
(2) The central Government shall cause the annual report furnished under sub-section (l) to be laid before each House
of the Parliament.
Penalty for contravention ofprovisions of Ordinance, rules, order or direction.
14. (l) Any non-compliance or contravention of any provisions of this ordinance, rules made thereunder or any order or direction issued by the commission, shall be an offence punishable with imprisonment for a term which may extend upto five years or with fine which may extend upto one crore rupees or with both.
Provided that the provisions of this section shall not apply to any farmer for causing air pollution by stubble burning or mismanagement of agricultural residue.
2 of 1974.
(2) Notwithstanding anything contained in the Code of criminal Procedure, 1973, the offence under this ordinance shall be non-cognizable and shall be triable by the Judicial Magistrate of the First class who shall not take cognizance of the offence except upon a complaint made by the commission or any officer authorised by the commission in this behalf.
(3) Where any offence under this Ordinance has been committed by a company, every person who, at the time the
660 (68)
,ftrio roqr zozr
offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shail be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment provided in this Ordinance, if he proves that the offence was committed without his knowledge or that he exercised all due diligence
to prevent the commission of such offence.
(4) Notwithstanding anything contained in sub-section (3),
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 ol or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation.-For the purposes of sub-sections (3) and
(4),-
(a) "company''means any body corporate, and includes a
firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the
firm.
(5) Where an offence under this Ordinance has been comrnitted by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this section shall render such Head of the Departrnent liable to any punishment
if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent
the commission of such offence.
(6) Notwithstanding anything contained in sub-section (5),
where an offence under this Ordinance has been committed
u*{Frqtttlq:r,fr{iqi t6
by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on thd part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2 of 1974.
(7) For the purpose of this section and the procedure to be followed thereunder, the provisions of the Code of Criminal Procedure, 1973, shall apply.
15. The Commission may impose and collect Environmentat Environmental Compensation from farmers causing air compensation. pollution by stubble buming, at such rate and in such manner, as may be prescribed.
CHAPTER IV
Grants by Central
Government-
FINANCE, ACCOLTNTS AND AUDIT 16. (1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the central Government may think fit for being utilised for the purposes of this Ordinance.
(2) The Commission may spend such sums as it thinks fit for performing the functions under this Ordinance, and such sums shall be treated as expendihre payable out of the grants referred to in sub-section (l).
17. (l) The commission shall maintain proper accounts Accounts and and other relevant records and prepare an annual statement of audit' accounts in such form as may be prescribed by the Central Govemment in consultation with the Comptroller and
Auditor-General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incu:red in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the commission under this ordinance shall have the same
660 (70) mftsrr€ trqq{, frtim 1 6 ql roa
rights and privileges and the autrrorig in connection with such audit as the Comptroller a.d Auditor-Generar generairy has in connection with the audit of Goverament accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.
(a) The accounts of the Commission, as certified by the comptroller and Auditor-Generar or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central Government by the commission and the central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of parliament.
CHAPTER V
MISCELLANEOUS
Appeal.
18. An appeal shall lie only to the Nationar Green Tribunal
constituted under the National Green Tribunal Act, 2010 against 19 of 2010. any order, direction or action taken by or on behalf of the commission constituted under section 3 of this ordinance.
Constitution of
special
investigation
teams.
19. Notwithstanding anything contained in any other law for the time being in force or any judicial order by any court, where the Commission considers it necessary so to do, it may constitute one or more special investigation teams, consisting of such officers or such persons, as it thinks necessary, for purposes of carrying out its functions under
this Ordinance.
Power of
Central
Government to
issue direction.
20.Notwithstanding anything contained in any other law for the time being in force, but subject to the provision of this ordinance, the central Government may issue in writing such direction, as it deems fit, to the Commission or any person, officer or authority authorised by the commission, and the Commission, person, or authority, as the case may be, shall be bound to comply with such direction.
Power of Cental
Govemment to
2l.The Central Governmentmay, from time to time, call for such information and reports from the commission, as it deems fit and the Commission shall be bound to provide
call for
such information and report.
information.
udsqErrqqd, ftiii* 16
Bar of jurisdiction.
22. No civil court shall have jurisdiction to entertain any suit. proceeding or dispute pertaining to or arising out of the actions taken or directions issued by'"the Commission in respect of any matter which the Commission isempowered by or under this Ordinance, except the National Green Tribunal referred to in section 18.
Protection of action taken in good faith.
23. No suit or other legal proceeding shall lie against the Central Government, the State Government, the Commission, or any Member thereof, or any person acting under the direction either of the Central Government, State Government, or the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Ordinance or of any rules or any order made thereunder.
Members and officers to be public
seryants, 24. Every Member of the Commission and every officer appointed or authorised by the Commission to exercise functions under this Ordinance shall be deemed to be a public servant within the meaning of section 2l of the Indian penal
Code.
45 of 1860.
25. (1) The Central Government may, by notification,
make rules to carryr out the provisions of this Ordinance.
Power of Central Government to make rules.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the other Associate Members under clause (h) of sub-
section (3) of section 3;
(b) the manner of removal of Chairperson or a Member
under sub-section (2) of section 5;
(c) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members under sub-section (1) of section 8;
(d) the allowance payable to the members, other than ex fficio members of the Sub-Committees, under sub-section (6) ofsection I 1;
(e) the appointment of such officers and other staff under
sub-section (7) ofsection 1l;
660 (721 uderq trqqd, frqis r o qr zoz r
(f) the salaries, allowances and conditions of service of the
officers and other staff under sub-section (9) of section 1 l;
(g) the manner of taking samples under clause (a), and the form of notice under sub-clause (i) of clause (c), of sub- section (a) of section 12;
(h) the rate at which, and the manner in which, the Environmental Compensation shall be imposed and collected under section 15;
(i) the form in which annual statement of accounts shall be
prepared under sub-section (1) ofsection 17;
0) any other matter which has to be, or may be,
prescribed.
(3) Every rule made under this Ordinance shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be;
so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.
Power of Commission to make regulations.
26. (I) Subject to the provisions of this Ordinance and the rules made thereunder, the Commission frdy, with the previous approval of the Central Government, by notification, make regulations to carry out the provisions of this
Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
(a) the procedure to be followed by the Commission under
sub-section (2) of section l0;
(b) the conditions and limitations subject to which power may be delegated by the Commission under sub-section (4), of section l0;
etftqqs{qrd, frqim 1o
(c) the members of each Sub_Comrnittee under sub_
sections (2),(3) and (4) ofsection ll;
-form
(d) the
and the manner of furnishing annual report
under section 13;
(e) any other matter which has to be, or may be, specified
by regulations.
(3) Every regulation made by the commission under this ordinance shall be raid, as soon as may be after it is made, before each House of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both HousEs agree that the regulation should not be made, the regulation shalr thereafter have effect onry in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the varidity of anything previously done
under that regulation.
Power to remove diffrculties.
27. (1) If any diffrculty arises in giving effect to the provisions of this ordinance, the central Government may, by order published in the official Gazette, make such provisions, not inconsistent with the provisions of this Ordinance as appear to it to be necessary or expedient for removing the difficulty.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of
Parliament.
Ordinance to have overriding effect.
28. (l) The provisions of this ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, any document, judgement, order, bye-law, rule, regulation, notification having the force of law in the territory of India.
660 (7 4)
, frqis toqr zozr
constituted either under a law enacted by Parliament, or by a State, or appointed or nominated in terms of any judicial order, shall act upon or have jurisdiction in relation to the matters covered by this Ordinance.
29. (1) The Order made under section 3 of the
Environment (Protection) Act, 1986 constituting the 29 of 1986.
Repeal and savings oforder constituting
Environment Pollution (Prevention and Control) Authority for National Capital
Environment Pollution (Prevention and Control) Authority for the National Capital Region vide notification number S.O.93(E), dated the 29th January, 1998 is hereby repealed and the Environment Pollution (Prevention and Control) Authority for the National Capital Region is hereby
Region.
dissolved.
(2) Notrnzithstanding such repeal, anything done or any action taken by the Environment Pollution (Prevention and Control) Authority for the National Capital Region under the said Order, shall be deemed to have been done or taken under the corresponding provisions of this Ordinance.
Savings.
30. Notwithstanding the cessation of the Commission for Air Quality Managernent in National Capital Region and Adjoining Areas Ordinance, 2020, anything done or any Ord. 13 of action taken under the Ordinance so ceased, shall be deemed 2020- to have been done or taken under the corresponding
provisions of this Ordinance.
RAM NATH KOVIND, President.
DR. G. NARAYANA RAJU, Secretary to the Govt. of India.
CORRIGENDA
In the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (2 of.202l), as Published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 4th Aprit, 2021, Issue No.20,-
(i) at page 3, in line '7 ,for "3. , read." .";
(ii) atpage 5, in line 22,for "word", read"words";
(iii) atpage 7, in line 26,for "AIRPORT",read "AIRPORTS";
(iv) at page 22,in line 5, for " (Act55 of I 994) ", read"(55 of lgg41)"
riftix;{is 'bffiere7$f/ ot f zots-zots." 'ftffiu +€ + waria er* gat ir6 grrm6 ( fuqr eroffi )+ isur fu eqm. {{^{{FOOTNOTE *}}}}'qio sft.z-zz-Bils{E rwe / ts fu. 8. frilr$, fuis
30-05-2001."
fu uc[rtEr
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urksn I rorfta
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ttugr,SErdR,fr{i6I6Et 202I
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fd& ft fttll{ qild ftqT{ riflirq, F€rrff r[qq, {E[ {rqgt q-a rrIR
etrarin,fr{is t6qr 2o2r
xutooolr/S-st,s2,s3,s4q salu-alyr..le.l./zr.-rrrascon,ft&etrqq{{rdq,frtnfrfrrrmtq*g;cts .
BilqlEttrwqra+rmtaureninrgvrt,
il,IINISTRY OF LAWAND JUSTICE
(Legislative Departrnent)
Nelr DeLhi tlze 22nd fitril, 202i ,;\,'uit^ttklu 2, lg43 (.litkui
Promulgated hy the President in rrre seventy-secondyear of tlre Republic of
ftrdia.
An ordina,ce further to aniencl the Tnriian l\4edicine council Act, 1970.
\\THEREAS Pallianrent is not in session ancl the Presitierrt is satisfiecl rhat circunrstanees
erist rvhich re,de-r it necessary rbr him to take inrmediate ectior;
NOW THEREFORE. in exercise of rlre ir61vs1s conferrecl try clause ( I ) of article 123 of
the clonstitution. the President is preased ro prornulgate the folloivirrg ordinance:.-
l' (l) Ttr;s Ordinance trtay Lre cailed the Irrdian N{etlicine Counci! (r\mendrnent) shori rirte:rnd Ordinarrcc,202 I
12t It shall cL\me illto firr.ce at once .
660 (77)
560 (7t)
BRftrT{-q rtscrr, Hq. ro qr roz r
r"r. q Pvr rw vr rrvu ysc
be substituted.
"irr* ,"r*.. ,n_,,
Presid.enr.
DR.G,NARAYANARAru.
Secretary to the Govt. of India.
{d{r5iri6 'ffiv,c/g,f/ oe f 20 t3 - 2ot s." 30-05-2001."
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o.fu 16 t rrwqr6 I qm taur en?vqvn,
sfu g;m u,rQm, Erfrrftff qfuq.
MINISTRY OF LAW AND JUSTICE (Legislative Ilepartment)
Nevt: Delhi the l6tlt il{a1,, 2021 i l,laisalelm )5. !943 lSaka)
TI -l E I-1() l\,f o Eo PATI'IY C ENTRA L C OL-NCI I- ( A tuf EN D h4 IIN T) oRDn\iANCll. 2021
No. {: or 2071
Plourulgated ll1, tlre Presicient in the Seventy-secontl Year of the Republic of lndia.
An Orclinanse lurther to anrerrd the Tlomoeopathy Central Council Act, 1973.
\\,T'IEREAS Pa:'liarnent is rritt in session arr,J the Presirlerrt is satis{ietl that circumstarrces
exist r,r,hicli render it necessary lbr hirn to take irnmediaie action;
NOW, THEI{EIjORE, in exercise of tlre powers cont'erred by ciause ( I ) of article 1 23 of
the Constitutiorr. the President is pleased tr-r plorrrul-qate the tbllorvirrg Ordinance:-
t. ( I ) This Ordinarice n:av be called tlre Homoeopathl,'Central Council (Amendnrent) sliu': t:rle and
or!'rlrler1'e |rlirri Orrlinarice, 202 I .
(2) it shall conre into tbrce at t-'rnce.
660 {7e)
560 (80) er*s{Errqqr,frRio re Er zozr
Antettrltrrent -2' In sectit'rn 3A qf the }lomoeo ,f section --1A' the words "withirr a period of three,ye