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
DAMAN AND DIU
Soft
-
8
SERIES - I
wrferecor are saris
/ PUBLISHED BY AUHTORITY
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
17 May, 2021
27 Vaisakha, 1943 (Saka)
No.
: 06
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.
SI
| Ordinance
Date of Publication
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 Secretary
SERIES — 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
Oth. -S1. Wet. -31.-22042021-226716
CG-DL-E-22042021-226716
THT]
EXTRAORDINARY
Ww
W—~ ave
1
PART DI — Section
1
wirerR 8 yerrfera
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.
SERIES — I
No. 06
THE GAZETTE OF DNH & DD
Page 3
2
THE GAZETTE OF INDIA EXTRAORDINARY
{Part I]— Sec. 1]
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—22-04-2021
SERIES — 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
aI
Che Gazette of Gudia
Ooi. -S).Wet. -37,-04042021-226364
CG-DL-E-04042021-226364
STATA]
EXTRAORDINARY
wT W— Ere
]
PART II — Section
1
wht @ wearfira
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;
5
SERIES —T No. 06
THE GAZETTE OF DNH & DD
Page
2
THE GAZETTE OF INDIA EXTRAORDINARY
{Part ]—
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;
SERIES —I No. 06
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Page 6
SEC. 1]
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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;
SERIES —I No. 06
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4
THE GAZETTE OF INDIA EXTRAORDINARY
(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:—
“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.
Page 7
[PART II—
Appeals against
orders
of
Registrar
of
Copyrights.
SERIES —I No. 06
THE GAZETTE OF DNH & DD
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
“and
Page 8
SERIES — I
No. 06
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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;
SERIES —I No. 06
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Page 10
SEC. ]]
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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;
1
SERIES —I No. 06
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Page 1
8
THE GAZETTE OF INDIA EXTRAORDINARY
[PART H]—
(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;
SERIES — 1 No. 06
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Page 12
SEC. 1]
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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
