Gazette of DNH And DD, No. 06, 27 May 2021

Bea HUA

ad GH / Government of India

GPR Wats

OFFICIAL GAZETTE

BO Weer aa vd aay sacl am aac wa Aa yenaa U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

Soft - 8

SERIES - I

wrferecor are saris / PUBLISHED BY AUHTORITY

Daman 17 May, 2021 27 Vaisakha, 1943 (Saka) No. : 06 No. LAW/DMN/E-Gazette/(2)/2020/176 U.T. Administration of Dadra & Nagar Haveli

and Daman & Diu, Deptt. of Law & Justice,

Secretariat, Vidyut Bhavan, Kachigam, Daman.

Dated : 7/05/2021

Sub: Regarding Re-Publications of Ordinances in the Official Gazette of U.T. Administration of DNH & DD published by the Ministry of Law & Justice, New Delhi.

With reference to the subject cited above the following Ordinances promulgated by the President and Published by the Ministry of Law & Justice, New Delhi in the Gazette of India, Extraordinary, Part-II, Section I, is hereby re-publish in the Official Gazette of this U.T. Administration of Dadra & Nagar Haveli and Daman & Diu for general information.

Date of Publication SI | Ordinance No.

1 The Insolvency and Bankruptcy Code

4" April, 2021 (Amendment) Ordinance, 2021 (3 of 2021)

2 The Tribunal Reforms (Rationalization and Conditions of Service) | 4" April, 2021 Ordinance, 2021 (2 of 2021)

3 The Indian Medicine Central Council (Amendment) Ordinance, 2021 | 22"4 April, 2021 (5 of 2021)

Sd/— (Rohit P. Yadav) Law SecretarySERIES — I No. 06 THE GAZETTE OF DNH & DD Page 2 Teel We Se Tee—(T7)04/0007/2003-—21 REGISTERED NO. DL—(N)04/0007/2003—21 The Gazette of 'Sadie

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EXTRAORDINARY

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PART DI — Section 1

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PUBLISHED BY AUTHORITY

27) we fevett, geerftan, atte 22, 2021/ Ane 2, 1943 (xe) No, 27] NEW DELHI, THURSDAY, APRIL 22, 2021/VAISAKHA 2, 1943 (SAKA)

Fa or 4 A Os em cl onl f fired fe ae are dee F Se ae Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi the 22nd April, 202) / Vaisakha 2, 1943 (Saka) THE INDIAN MEDICINE CENTRAL COUNCIL (AMENDMENT) ORDINANCE, 2021

No. 5 of 2021

Promulgated by the President in the Seventy-second Year of the Republic of

India.

An Ordinance further to amend the Indian Medicine Council Act, 1970,

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:—

1, (/) This Ordinance may be called the Indian Medicine Council (Amendment) Short title and Ordinance, 2021.

commencement.

(2) It shall come into force at once.

Amendment 2. In section 3A of the Indian Medicine Central Council Act, 1970, in sub-section (2), 48 of 1970. of section 3A. for the words "within a period of one year", the words "within a period of two years" shal] be substituted.

RAM NATH KOVIND,

President.

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

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-] 10002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054.

suis RARAYAN GARAL MGIPMRND—135GI—22-04-2021SERIES — I No. 06 THE GAZETTE OF DNH & DD Page 4 tae we Sb Wee —(A)04/0007/2003—-21 REGISTERED NO. DL-—(N)04/0007/2003—21

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EXTRAORDINARY

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PART II — Section 1

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PUBLISHED BY AUTHORITY

RW 20) ag feeet, tran, site 4, 2021/95 14, 1943 (x) No. 20] NEW DELHI, SUNDAY, APRIL 4, 2021/CHAITRA 14, 1943 (SAKA)

Fam 4 fr ps Sen a ont ¢ fread fH ae ate Gacr S |W A wa ae Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Dethi, the 4th April, 2021 /Chaitra 14, 1943 (Saka)

THE TRIBUNALS REFORMS

(RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021

No. 2 OF 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, 2021 has been introduced in the House of the People on the 13" day of February, 2021;

AND WHEREAS the aforesaid Bill could not be taken up for consideration 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:—

CHAPTER I

PRELIMINARY

Short title and 1.(/) This Ordinance may be called the Tribunals commencement Reforms (Rationalisation and Conditions of Service) Ordinance, 2021.

(2) It shall come into force at once.

Definitions. 2.In 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;

CHAPTER II

AMENDMENTS TO THE CINEMATOGRAPH ACT, 1952

Amendment of 3. In the Cinematograph Act, 1952, —

Act 37 of 1952.

(a) in section 2, clause (h) shall be omitted; (b) in section 5C,-

(1) for the word "Tribunal", at both the places where it occurs, the words "High Court" shall be substituted;

(11) sub-section (2) shall be omitted; (c) sections SD and SDD 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 "Tribunal", wherever it occurs, the words "High Court" shall be substituted;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(f) 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), (2),

(j), and (k) shall be omitted.

CHAPTER HI

AMENDMENTS TO THE COPYRIGHT ACT, 1957

Amendment of 3. In the Copyright Act, 1957,—

Act 14 of 1957.

(a) in section 2,—

(i) clause (aa) shall be omitted;

(1i) 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: —

'(fa) "Commercial Court", for the purposes of any State, means a Commercial Court constituted under section 3, or the Commercial Division of a High Court constituted under section 4, of the Commercial Courts Act, 2015;';

4 of 2016.

(ii1) 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;

(11) the words '"'constituted under section 11 whose

decision thereon shall be final" shall be omitted;

(c) in Chapter II, in the Chapter heading, the words

"AND APPELLATE BOARD" shall be omitted;

(d) sections 11 and 12 shall be omitted;

(e) in sections 19A, 23, 31, 31A, 31B, 31C, 31D, 32, 32A and 33A, for the words "Appellate Board", wherever they occur, the words "Commercial Court" shall be substituted;

(f) in section 50, for the words "Appellate Board", wherever they occur, the words "High Court" shall be 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;

(1) for section 72, the following section shall be

substituted, namely:—

Appeals against orders of Registrar of Copyrights.

"72. (1) Any person aggrieved by any final 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.

SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY

(4) 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."

Gj) in sections 74 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:

(1) 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" shal! be omitted,

CHAPTER IV

AMENDMENTS TO THE CUSTOMS ACT, 1962

Amendment of 5. In the Customs Act, ]962,—

Act 52 of 1962.

(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 "andSERIES — I No. 06 THE GAZETTE OF DNH & DD Page 9 6

THE GAZETTE OF INDIA EXTRAORDINARY [PART ]I—

Appellate Authority" shall be omitted;

(11) sub-section (2) shall be omitted.

CHAPTER V

AMENDMENTS TO THE PATENTS ACT, 1970

Amendment of 6. In the Patents Act, 1970,—

Act 39 of 1970.

(a) in section 2, in sub-section (),—

(i) clause (a) shall be omitted;

(11) in clause (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;

(i!) 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 (1), the words "by

the Appellate Board" shall be omitted;

(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) in section 113,—

(1) in sub-section (1),—

(A) the words "the Appellate Board or",

wherever they occur, shall be omitted;

SEC. ]] THE GAZETTE OF INDIA EXTRAORDINARY 7

(B) the words "as the case may be" shall be

omitted;

(11) in sub-section (3), the words "or the Appellate

Board" shall be omitted:

(i) in Chapter XIX, for the Chapter heading, the

Chapter heading "APPEALS" shall be substituted:

(j) sections 116 and 117 shall be omitted;

(k) in section 117A, for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;

(1) sections 117B, 117C and 117D shal] be omitted;

(m) in section 117E, for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;

(n) sections 117F, 117G and 117H shall be omitted;

(0) 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 (xia),

(xilb) and (xiic) shall be omitted.

CHAPTER VI

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 omitted;

(b) in section 28E, for the word "Tribunal", at both the places where it occurs, the words "Central Government" shall be substituted;

(c) sections 28], 28] and 28JA shall be omitted;

(d) in section 28K,——

(1) 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;

(i1) sub-sections (2), (3), (4) and (5) shall be

omitted;

(€) section 28L shall be omitted;

(f) in section 28M, the words "or the Tribunal"

shall be omitted;

(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;

(1) In section 41, in sub-section (2), clauses (gvi),

(gvii), (gviii) 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 section 2, in sub-section (1), —

(1) clauses (a), (d), (f), (k), (n), (ze) and (zf)

shall be omitted;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

(ii) for clause (s), the following clause 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

(11) 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 section47, —

(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:

(f) 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, —

(1) for the words "Appellate Board", wherever 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;

(h) in section 71, in sub-section (3), for the word "tribunal", the words "Registrar or the High Court, as the case may be," shal! be substituted;

(1) in Chapter XI, for the Chapter heading, the