Karnataka Gazette, Part Part-4, 18 June 2009

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ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ

ಅಧಿಕೃತವಾಗಿ ಪ

್ರಕಟಿಸಲಾದುದು

ಸಂಪುಟ ೧೪೪ ಬೆಂಗಳೂರು, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ (ಜ್ಯೇಷ್ಠ ೨೮, ಶಕ ವರ್ಷ ೧೯೩೧) ಸಂಚಿಕೆ ೨೫

ಭಾಗ-೪

ಕೇಂದ

ಕೇಂದ

ೇಯಕಗಳು ಮತ್ತು ಅವುಗಳ ಮೇಲೆ ಪರಿಶೀಲನಾ ಸಮಿತಿಯ ವರದಿಗಳು,

್ರ ಸರ್ಕಾರದವರು ಹೊರಡಿಸಿದ

್ರದ ವಿಧ

್ರದ ಅಧಿನಿಯಮಗಳು ಮತ್ತು ಅಧ್ಯಾದೇಶಗಳು, ಕೇಂದ

ಸಾಮಾನ್ಯ ಶಾಸನಬದ್ಧ ನಿಯಮಗಳು ಮತ್ತು ಶಾಸನಬದ್ಧ ಆದೇಶಗಳು ಮತ್ತು

ರಾಷ್ಟ್ರಪತಿಯವರಿಂದ ರಚಿತವಾಗಿ ರಾಜ್ಯ ಸರ್ಕಾರದವರಿಂದ ಪುನಃ ಪ

್ರಕಟವಾದ

ಆದೇಶಗಳು.

ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂಖ್ಯೆ: ಸಂವ್ಯಶಾಇ 22 ಕೇಶಾಪ

್ರ 2009, ಬೆಂಗಳೂರು, ದಿನಾಂಕ: 2ನೇ ಮಾರ್ಚ್ 2009

2009ನೇ ಸಾಲಿನ ಫೆಬ್ರವರಿ 6ನೇ ದಿನಾಂಕದ ಭಾರತ ಸರ್ಕಾರದ ಗೆಜೆಟ್‌ನ ವಿಶೇಷ ಸಂಚಿಕೆಯ ಭಾಗ-II ಸೆಕ್ಷನ್ 1 ರಲ್ಲಿ ಪ್ರಕಟವಾದ ಈ ಕೆಳಕಂಡ The Supreme Court (Number of Judges) Amendment Act, ²⁰⁰⁸ (Act No. ¹¹ of ²⁰⁰⁹) ಅನ್ನು ಸಾರ್ವಜನಿಕರ ಮಾಹಿತಿಗಾಗಿ ಕರ್ನಾಟಕ ರಾಜ್ಯ ಪತ್ರದಲ್ಲಿ ಮರು ಪ್ರಕಟಿಸಲಾಗಿದೆ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department) New Delhi, the 6th February, 2009/Magha 17, 1930 (saka) The following Act of Parliament received the assent of the President on the 5th February , 2009, and is hereby published for general information:

THE SUPREME COURT (NUMBER OF JUDGES)

AMENDMENT ACT, 2008

No. 11 OF 2009

[5th February, 2009] An Act further to amend the Supreme Court (Number of Judges) Act, 1956

BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:

1. Short title: This Act may be called the Supreme Court (Number of Judges) Amendment Act, 2008

(೨೮೯)

ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ

೨೯೦

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ಭಾಗ - ೪

2. Amendment of section 2: In section 2 of the Supreme Court (Number of Judges) Act, 1956, (55 of 1956) for the word ''twenty-five'' the word ''thirty'' shall be substituted.

T.K. VISWANATHAN

Secy. To the Govt. of India ಪಿ.ಆರ್. 24

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ, ಆರ್. ಆಂಜಿನಿ ಸಹಾಯಕ ಪ್ರಾರೂಪಕಾರ ಮತ್ತು ಪದನಿಮಿತ್ತ, ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ, ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಇಲಾಖೆ.

ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ ಸಂಖ್ಯೆ: ಸಂವ್ಯಶಾಇ 10 ಕೇನಿಪ

್ರ 2009, ಬೆಂಗಳೂರು, ದಿನಾಂಕ: 21ನೇ ಏಪ್ರಿಲ್ 2009

MINISTRY OF LAW AND JUSTICE (Legislative Department) NOTIFICATION New Delhi, the 4th March, 2009 S.O 608(E): In pursuance of clause (2) of Article 324 of the Constitution, the President is pleased to appoint Shri Navin B. Chawla as the Chief Election Commissioner with effect from the 21st April 2009

[F.No. A-12026/1/2009-Admn.I (L.D)] V.K. BHASIN Addl. Secy MINISTRY OF HEALTH AND FAMILY WELFARE (Department of Health and Family Welfare) NOTIFICATION New Delhi, the 9th March, 2009 S.O 650(E): In exercise of the powers conferred by sub-section (3) of section 1 of the Food Safety and Standards Act,2006 (34 of 2006), the Central Government hereby appoints the 9th day of March, 2009, as the day on which the provisions of Sections 11 to 15 (both inclusive) of the said Act shall come into force.

[F.NO. 1-59/FSSA/2009/DFQC] DEBASISH PANDA, Jt. Secy

NOTIFICATION New Delhi, the 24th February, 2009 No. 8./2009-Service Tax G.S.R 120(E): In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the Finance Act), the Central Government on being satisfied that it is necessary in the public interest so to do, hereby exempts all the taxable services specified in sub-section 105 of section 65 of the Finance Act from so much of service tax leviable there on under section 66 of the Finance Act, as is in excess of the rate of ten per cent of the value of taxable services.

[F.No. 354/210/2008-TRU(Part)]

UNMESH SHARAD WAGH, Under Secy ಪಿ.ಆರ್. 33

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ, ಆರ್. ಆಂಜಿನಿ ಸಹಾಯಕ ಪ್ರಾರೂಪಕಾರ ಮತ್ತು ಪದನಿಮಿತ್ತ, ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ, ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಇಲಾಖೆ.

ಭಾಗ - ೪ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ೨೯೧

ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂಖ್ಯೆ: ಸಂವ್ಯಶಾಇ 8 ಕೇನಿಪ

್ರ 2009, ಬೆಂಗಳೂರು, ದಿನಾಂಕ: 31ನೇ ಮಾರ್ಚ್ 2009

2009ನೇ ಸಾಲಿನ ಫೆಬ್ರವರಿ 24ನೇ ದಿನಾಂಕದ ಭಾರತ ಸರ್ಕಾರದ ಗೆಜೆಟ್‌ನ ವಿಶೇಷ ಸಂಚಿಕೆಯ ಭಾಗ-II ಸೆಕ್ಷನ್ 3(i)ರಲ್ಲಿ ಪ್ರಕಟವಾದ ಈ ಕೆಳಕಂಡ GSR¹¹⁴ (E) (Notification No. F.No. ⁵(²⁷¹)/²⁰⁰⁰-NC dated ²⁴.².²⁰⁰⁹ (Amendments in the Notaries Rules, ¹⁹⁵⁶) ಅನ್ನು ಸಾರ್ವಜನಿಕರ ಮಾಹಿತಿಗಾಗಿ ಕರ್ನಾಟಕ ರಾಜ್ಯ ಪತ್ರದಲ್ಲಿ ಮರು ಪ್ರಕಟಿಸಲಾಗಿದೆ.

MINISTRY OF LAW AND JUSTICE

(Department of Legal Affairs)

NOTIFICATION

New Delhi, the 24th February, 2009

G.S.R. 114(E): In exercise of the powers conferred by Section 15 of the Notaries Act, 1952 (53 of 1952), the Central Government hereby makes the following rules further to amend the Notaries Rules, 1956, namely :

1. (1) These rules may be called the Notaries (Amendment)Rules, 2009 (2) they shall come into force on the 1st day of March, 2009

2. In rule 4 of the Notaries Rules, 1956 (hereinafter referred to as the said rules), for sub-rule (1), the following sub-rule shall be substituted, namely:

''(1) a person may make an application for appointment as a notary (hereinafter called ''the applicant'') through the concerned District Judge or the Presiding Officer of the Court or Tribunal where he practises as an Advocate, in the Form of memorial addressed to such office or authority (hereinafter referred to as the ''competent authority'') of the appropriate Government as that Government may, by notification in the Official Gazette, designate in this behalf''.

3. In rule 6 of the said rules, for sub-rule (1), the following sub-rule shall be substituted, namely:

''(1) the competent authority shall examine every application received by him and if he is satisfied that the application is not complete in all respects or the applicant does not possess the qualifications specified in rule 3, or that any previous application of the applicant for appointment as a notary was rejected within six months before the date of the application, shall reject it summarily and inform the applicant accordingly'',

4. In rule 7 of the said rules, for sub-rule (1), the following sub-rule shall be substituted, namely:

''(1) the competent authority shall, after holding such inquiry as he thinks fit and after giving the applicant an opportunity of making his representations against the objections, if any received within the time fixed under sub-rule (2) of rule 6, make a report to the appropriate Government recommending that the applicant may be allowed to appear before the Interview Board'';

5. After rule 7 of the said rules, the following rules shall be inserted, namely:

''7A. Constitution of the Interview Board-(1) If the appropriate Government allows that the applicant may be asked to appear before the Interview Board, the competent authority shall inform the applicant to appear before the Interview Board, on the date, time and place fixed, to judge the competency of the applicant for being appointed as a Notary. The Interview Board shall submit its recommendations to the appropriate Government.

(2) For the said purpose, a three members Interview Board shall be constituted by the appropriate Government from amongst its officers dealing with legal matters. The Chairperson of the Interview Board shall not be an officer below the rank of joint Secretary of that Government.

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ಭಾಗ - ೪

ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ ೨೯೨ 7B. Transitional provision-(1) All the memorials received by the Competent Authority till 28th February, 2009 and which are pending shall be processed /examined in accordance with the provisions of the rules as amended by the Notaries (Amendment )Rules, 2009; (2) The fresh memorials shall only be submitted on or after 1st July, 2009

6. In rule 8 of the said rules, in sub-rule (1), for the words, ''On receipt, of the report of the Competent Authority the appropriate Government shall consider the report and shall-'' the words, ''On receipt of the recommendations of the interview board the appropriate Government shall consider the recommendation and shall-

[F.No. 5(271)/2000-NC]

R. RAGUPATHI, Jt. Secy Note: The principal Rules were published in the Gazette of India, Part II, Section 3, Sub-section (i) vide number S.R.0. 324 dated the 14th February 1956 and subsequently amended by G.S.R. 370 (E) dated the 8th July, 1997, G.S.R. 547 (E) dated the 31st August, 1998 G.S.R 17 (E) dated the 5th January 2000, G.S.R. 262 (E) dated the 28th March, 2000, G.S.R. 630 (E) dated the 21st July 2000, G.S.R. 172 (E) dated the 12th March, 2001 G.S.R. 330 (E) dated the 9th May, 2001 G.S.R. 460(E) dated the 25th June, 2001, G.S.R 464 (E) dated the 9th June, 2003 GSR 464 (E) dated the 9th June, 2003, G.S.R. 296 (E) dated the 19th May, 2006 G.S.R. 501(E) dated the 24th August, 2006 G.S.R. 73(E) dated the 9th February 2007, G.S.R. 86 (E) dated the 14th February 2007, G.S.R. 319 (E) dated the 1st May, 2007 read with G.S.R. 330 (E) dated the 8th May 2007 G.S.R. 686 (E) dated the 31st October 2007, G.S.R. 51 (E) dated 23rd January, 2008, G.S.R. 636 (E) dated the 3rd September, 2008, and G.S.R. 764 (E) dated the 3rd November, 2008.

ಪಿ.ಆರ್. 31

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ, ಆರ್. ಆಂಜಿನಿ ಸಹಾಯಕ ಪ್ರಾರೂಪಕಾರ ಮತ್ತು ಪದನಿಮಿತ್ತ, ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ, ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಇಲಾಖೆ.

ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂಖ್ಯೆ: ಸಂವ್ಯಶಾಇ 21 ಕೇನಿಪ

್ರ 2009, ಬೆಂಗಳೂರು, ದಿನಾಂಕ: 2ನೇ ಮಾರ್ಚ್ 2009

3. S.O. 284(E)- Notification No. F.No. B-I/321/40/08 dated 23.1.2009

4. S.O. 285(E)-Notification No. F.No. B—I/321/40/08dated:23.1.2009

MINISTRY OF HEALTH AND FAMILY WALFARE

(Department of Ayurveda, Yoga and Naturopathy ,Unani, Siddha and Homoeopathy

NOTIFICATION

New Delhi, the 26th December 2008

S.O. 13(E) : Whereas in pursuance of clause (b) of sub-section (1) of section 3 of the Indian Medicine Central Council Act, 1970 (48 of 1970) read with the rule 23 of the Indian Medicine Central Council (Election )Rules, 1975 one Member from the Ayurveda System of Medicine of the Rajiv Gandhi University of Health Sciences, Karnataka 4th 'T' Block., Jayanagar, Bangalore-41 has been elected from amongst themselves by the members of Ayurveda faculty of the said University;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the said Act, the Central Government makes the following further amendments in the notification of the Government of ್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ೨೯೩ ಭಾಗ - ೪ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ India, in the Ministry of Health and Family Welfare number S.O. 3259(E), dated the 21st August 1971, namely:

In the said notification under the heading Elected under clause (b) of sub-section (1) of section 3'' in the Table against, the following university for the entries relating thereto the following entries shall be substituted, namely:

B. ANAND, Jt. Secy MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION New Delhi, the 6th January, 2009 G.S.R 20(E) :In exercise of the powers conferred by sub-section (1) of section 3 of the All India, Services Act, 1951 (61 of 1951), the Central Government after consultation with the Government of the States concerned, hereby makes the following rules to amend the Indian Administrative Service (Pay) Rules, 2007, namely:

1. These rules may be called the Indian Administrative Service (Pay) Third Amendment Rules, 2008

2. They shall be deemed to have come into force from the date of their publication in the Official Gazette.

3. In Part B of the Schedule II of the Indian Administrative Service (Pay) Rules, 2007 for paragraph, I the following paragraph shall be substituted, namely:

''(1) The number of posts in the Selection Grade in a state Cadre shall be as per the norms issued by the Central Government for fixation of cadre strength of IAS '',

[F.NO. 11030/41/2008-AIS(II)]

YASHPAL., Desk Officer Note: The principal rules were published in the Gazette of India, Extraordinary vide number G.S.R 213 (E) dated the 20th March 2007 and subsequently amended vide G.S.R. 23 (E), dated the 10th January, 2008 and G.S.R. 665 (E) dated the 19th September ,2008

EXPLANATORY MEMORANDUM

It is certified that no member of the Indian Administrative Service is likely to be adversely affected by giving effect to these rules.

MINISTRY OF EXTERNAL AFFAIRS

(SAARC Division) NOTIFICATION New Delhi, the 23rd January, 2009 S.O. 284(E): In exercise of the powers conferred by sub-section (1) of section 4 of the south Asian University Act, 2008 (8 of 2009), the Central Government hereby appoints the 23rd day of January, 2009 as the date on which the University called ''South Asian University'' shall come into existence

[F.No. B-1/321/40/08]

DR. KHEYA BHATTACHARYA, Jt, Secy ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ ೨೯೪

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ಭಾಗ - ೪

NOTIFICATION

New Delhi, the 23rd January, 2009

S.O. 285(E): In exercise of the powers conferred by sub-section (3) of section 1 of the South Asian University Act, 2008 (8 of 2009), the Central Government hereby appoints the 23rd day of January, 2009 as the date on which the provisions of the said Act shall come into force.

[F.No. B-I/321/40/08]

DR. KHEYA BHATTACHARYA, Jt, Secy ಪಿ.ಆರ್. 28

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ, ಆರ್. ಆಂಜಿನಿ ಸಹಾಯಕ ಪ್ರಾರೂಪಕಾರ ಮತ್ತು ಪದನಿಮಿತ್ತ, ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ, ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಇಲಾಖೆ.

ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂಖ್ಯೆ: ಸಂವ್ಯಶಾಇ 15 ಕೇಶಾಪ

್ರ 2009, ಬೆಂಗಳೂರು, ದಿನಾಂಕ: 9ನೇ ಫ

ೆಬ್ರವರಿ 2009

2009ನೇ ಸಾಲಿನ ಜನವರಿ 9ನೇ ದಿನಾಂಕದ ಭಾರತ ಸರ್ಕಾರದ ಗೆಜೆಟ್‌ನ ವಿಶೇಷ ಸಂಚಿಕೆಯ ಭಾಗ-II ಸೆಕ್ಷನ್ 1 ರಲ್ಲಿ ಪ್ರಕಟವಾದ ಈ ಕೆಳಕಂಡ The Code of Criminal procedure (Amendment) Act, ²⁰⁰⁸ (Act No. ⁵ of ²⁰⁰⁹) ಅನ್ನು ಸಾರ್ವಜನಿಕರ ಮಾಹಿತಿಗಾಗಿ ಕರ್ನಾಟಕ ರಾಜ್ಯ ಪತ್ರದಲ್ಲಿ ಮರು ಪ್ರಕಟಿಸಲಾಗಿದೆ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department) New Delhi, the 9th January 2009/Pausa 19, 1930 (saka) The following Act of Parliament received the assent of the President on the 7th January , 2009, and is hereby published for general information:

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2008

No 5 OF 2009

[7th January 2009,]

An Act further to amend the Code of Criminal Procedure, 1973

BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:

1. Short title and Commencement: (1) This Act may be called the Code of Criminal Procedure (amendment ) Act, 2008

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act. 2. Amendment of section 2 : In section 2 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the principal Act), after clause (w), the following clause shall be inserted ,namely.

'(wa) ''victim'' means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression ''victim'' includes his or her guardian or legal heir;'

3. Amendment of section 24: In section 24 of the principal Act, in sub-section (8), the following proviso shall be inserted, namely:

''provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.'' ಭಾಗ - ೪ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ ್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ೨೯೫ 4. Amendment of section 26 : In section 26 of the principal Act, in clause (a), the following proviso shall be inserted, namely:

''Provided that any offence under section 376 and sections 376 A to 376D of the Indian Penal Code shall be tried as far as practicable by a Court presided over by a woman (45 of 1860)'' 5. Amendment of section 41 : In section 41 of the principal Act,-

(i) in sub-section (1), for clauses (a) and (b), the following clauses shall be substituted, namely:

''(a) who commits in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made, or credible information has been received or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without, fine, if the following conditions are satisfied, namely:

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary-

(a) to prevent such person from comming any further

(b) for proper investigation of the offence;or

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner;or

(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer;or

(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured.

and the police officer shall record while making such arrest, his reasons in writing.

(ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;''

(ii) for sub-section (2), the following sub-section shall be substituted, namely:

''(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate''.

6. Insertion of new sections 41A, 41B, 41C and 41D : After section 41 of the principal Act, the following new section shall be inserted, namely:

''41A. Notice of appearance before police officer : (1) The police officer may, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ

೨೯೬

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ಭಾಗ - ೪

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

(4) Where such person, at any time fails to comply with the terms of the notice, it shall be lawful for the police officer to arrest him for the offence mentioned in the notice, subject to such orders as may have been passed in this behalf by a competent Court.

41B. Procedure of arrest and duties of officer making arrest : Every police officer while making as arrest shall-

(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;

(b) prepare a memorandum of arrest which shall be-

(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made.

(ii) countersigned by the person arrested; and

(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of

41C. Control room at districts : (1) The State Government shall establish a police control room- (a) in every district; and

(b) at State level.

(2) The State Government shall cause to be displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests.

(3 )The control room at the Police Headquarters at the State level shall collect from time to time, details about the persons arrested, nature of the offence with which they are charged and maintain a database for the information of the general public.

41D. Right of arrested person to meet an advocate of his choice during interrogation :

When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation'',

7. Amendment of section 46 : In section 46 of the principal Act, in sub-section (1), the following proviso shall be inserted, namely:

''Provided that where a woman is to be arrested,unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest''.

8. Substitution of new section for section 54: For section 54 of the principal Act, the following section shall be substituted namely:

''54. Examination of arrested person by medical officer : (1) When any person is arrested, he shall be examined by a medical officer in the service of Central or State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made;

ಭಾಗ - ೪ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ೨೯೭

Provided that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered, medical practitioner.

(2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning there in any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.

(3) Where an examinations is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person'',

9. Insertion of new section 55A: After section 55 of the principal Act, the following section shall be inserted, namely-

''55A. Health and safety of arrested person : It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused''

10. Insertion of new section 60A: After section 60 of the principal Act, the following section shall be inserted, namely:

''60A. Arrest to be made strictly according to the code : No arrest shall be made except in accordance with the provision of this Code or any other law for the time being in force providing for arrest'',

11. Amendment of section 157 : In section 157 of the principal Act, in sub-section (1), after the proviso, the following proviso shall be inserted, namely:

''Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as placticable. By a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality'',

12. Amendment of section 161: In section 161 of the principal Act, in sub-section (3), the following provisos shall be inserted, namely:

''Provided that statement made under this sub—section may also be recorded by audiovideo electronic means''.

13. Amendment of section 164: In section 164 of the principal Act, in sub-section (1), for the proviso, the following provisos shall be substituted, namely:

''Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence;

Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force''.

14. Amendment of section 167 : In section 167 of the principal Act, in sub-section (2),-

(a) in the proviso-,

(1) for clause (b) the following clause shall be substituted namely;

(b) no Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage;''

(ii) for Explanation II, the following Explanation shall be substituted, namely:

ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ

೨೯೮

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ಭಾಗ - ೪

Explanation II- If any question arises whether an accused person was produced before the Magistrate as required under clause (b), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage as the case may be,''

(b) after the proviso, the following proviso shall be inserted, namely:

''Provided further that in case of a woman under eighteen years of age the detention shall be authorised to be in the custody of a remand home or recognised social institution.''

15. Amendment of section 172: In section 172 of the principal Act, after sub-section (1), the following sub-sections shall be inserted, namely:

''(1A) The statements of witnesses recorded during the course of investigation under section 161 shall be inserted in the case diary.

(1B) The diary referred to in sub-section (1) shall be a volume and duly paginated'',

16. Amendment of section 173 : In section 173 of the principal Act,-

(a) after sub-section (1), the following sub-section shall be inserted, namely:

''(1A) The investigation in relation to rape of a child may be completed within three months from the date on which the information was recorded by the officer in charge of the police station''.

(b) in sub-section (2) after clause (g), the following clause shall be inserted, namely:

''(h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under section 376, 376A, 376B, 376C or 376D (45 of 1860) of the Indian Penal Code'',

17. Insertion of new section 195A: After section 195 of the principal Act, the following section shall be inserted, namely:

''195A. Procedure for witnesses in case of threatening etc: A. witness or any other person may file a complaint in relation to an offence under section 195A of the Indian Penal Code'',

18. Amendment of section 198: In section 198 of the principal Act, in sub-section (6) for the words ''fifteen years of age'' the words ''eighteen year of age'' shall be substituted.

19. Amendment of section 242: In section 242 of the principal Act, in sub-section (1) the following proviso shall be inserted, namely:

Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police''

20. Amendment of section 275: In section 275 of the principal Act, in sub-section (1), the following proviso shall be inserted, namely:

''Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence'',

21. Amendment of section 309: In section 309 of the principal Act,

(a) in sub-section (1), the following proviso shall be inserted, namely:

''Provided that when the inquiry or trial relates to an offence under sections 376 to 376D (45 of 1860) of the Indian Penal Code, the inquiry or trial shall, as far as possible, be completed within a period, of two months from the date of commencement of the examination of witnesses'',

(b) in sub-section (2) after the third proviso and before Explanation 1,(45 of 1860) the following proviso shall be inserted, namely:

''Provided also that-

(a) no adjournment shall be granted at the request of a party except where the circumstances are beyond the control of that party:

ಭಾಗ - ೪ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ೨೯೯

(b) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment:

(c) where a witness is present in Court but a party or his pleader is not present or the party or his pleader though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination –in-chief or cross –examination of the witness, as the case may be'',

22. Amendment of section 313: In section 313 of the principal Act, after sub-section (4), the following sub-section shall be inserted, namely:

''(5) The Court take help of Prosecutor and Defence Counsel in preparing relevant question which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section''

23. Amendment of section 320: In section 320 of the principal Act,-

(i) in sub-section (1), for the TABLE, the following TABLE shall be substituted, namely:

''TABLE

Offence Section of

Person by whom offence may be

the Indian

compounded

Penal

Code

applicable

Uttering words, etc., with deliberate intent 298 The person whose religious feelings are to wound the religious feelings of any

intended to be wounded

person.

Voluntarily causing hurt 323 The person to whom the hurt is caused Voluntarily causing hurt on provocation 334 Ditto

Voluntarily causing grievous hurt on grave 335 The person to whom the hurt is caused and sudden provocation

Wrongfully restraining or confining any 341

The person restrained or confined

person

342

Wrongfully confining a person for three 343 The person confined

days or more

Wrongfully confining a person for ten days 344 Ditto

or more.

Wrongfully confining a person in secret. 346 Ditto

Assault or use of criminal force 352 The person assaulted or to whom

355 Criminal force is used

358

Theft

379 The owner of the property stolen

Dishonest misappropriation of property 403 The owner of the property misappropriated Criminal breach of trust by a carrier, 407 The owner of the property in respect of wharfinger, etc.

which the breach of trust has been

committed.

Dishonestly receiving stolen property 411 The owner of the property stolen

knowing it to be stolen

Assisting in the concealment or disposal 414 Ditto

of stolen property, knowing it to be stolen.

ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ

೩೦೦

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ಭಾಗ - ೪

Cheating

417 The person cheated

Cheating by personation 419 Ditto

Fraudulent removal or concealment of 421 The creditors who are affected thereby property etc., to prevent distribution

among creditors

Fraudulently preventing from being made 422 Ditto

available for his creditors a debt or

demand due to the offender

Fraudulent execution of deed of transfer 423 The person affected thereby.

containing false statement of

consideration

Fraudulent removal or concealment of 424 Ditto

property

Mischief, when the only loss or damage 426

The person to whom the loss or

caused is loss or damage to a private 427

Damage is caused.

person

Mischief by killing or maiming animal 428 The owner of the animal

Mischief by Killing or maiming cattle, etc 429 The owner of the cattel or animal

Mischief by injury to works of irrigation by 430 The person to whom the loss or damage is wrongfully diverting water when the only

caused

loss or damage caused is loss or damage

to private person

Criminal trespass 447 The person in possession of the property

trespassed upon

House-trespass 448 Ditto

House –trespass to commit an offence 451 The person in possession of the house (other than theft) punishable with

trespassed upon

imprisonment

Using a false trade or property mark 482 The person to whom loss or injury is caused

by such use.

Counterfeiting a trade or property mark 483 Ditto

used by another

Knowingly selling, or exposing or 486 Ditto

possessing for sale or for manufacturing

purpose, goods marked with a counterfeit

property mark

Criminal breach of contract of service 491 The person with whom the offender has

contracted.

Adultery

497 The husband of the woman

Enticing or taking away or detaining with 498 The husband of the woman and the woman criminal Inter a married woman

Defamation, except such cases as are 500 The person defamed

specified against section 500 of the Indian

Penal Code (45 of 1860) in column 1 of

the Table under sub-section (2) ಭಾಗ - ೪ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ ್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ೩೦೧ Printing or engraving matter, knowing it to 501 Ditto

be defamatory

Sale of printed or engraved substance 502 Ditto

containing defamatory matter, knowing it

to contain such matter

Insult intended to provoke a breach of the 504 The person insulted

peace

Criminal intimidation 506 The person intimidated

Inducing person to believe himself an 508 The person induced'',

object of divine displeasure

(ii) in sub-section (2), for the TABLE the following TABLE shall be substituted, namely:

Offence Section of

Person by whom offence may be

the Indian

compounded

Penal

Code

337 Ditto

338 Ditto

357 The person assaulted or to whom th force

applicable Causing miscarriage 312 The woman to whom miscarriage is caused Voluntarily causing grievous hurt 325 The person to whom hurt is caused Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others Assault or criminal force in attempting wrongfully to confine a person

was used.

381 The owner of the property stolen

Theft, by clerk or servant of property in possession of master Criminal breach of trust 406 The owner of property in respect of which

breach of trust has been committed.

Criminal breach of trust 408 The owner of the property in respect of

which the breach of trust has been

committed.

418 The person cheated.

420 The person cheated.

494 The husband or wife of the person so Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly inducing delivery of property or the making alteration or destruction of a valuable security Marrying again during the life-time of a husband or wife

marrying

500 The person defamed.

Defamation against the President or the Vice- President or the Governor of a State or the Administrator of a Union territory or a Minister in respect of his public functions when instituted upon a complaint made by the public Prosecutor ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ ೩೦೨

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ಭಾಗ - ೪

Uttering words or sounds or making 509 The woman whom it was intended to insult gestures or exhibiting any object intending

or whose privacy was intruded upon''.

to insult the modesty of a woman or

intruding upon the privacy of a woman

(iii) for sub-section (3), the following sub-section shall be substituted, namely:

''(3) When an offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) or where the accused is liable under section 34 or 149 of (45 of 1860) the Indian Penal Code may be compounded in like manner''.

24. Amendment of section 327: in section 327 of the principal Act-

(a) in sub-section (2), after the proviso, the following proviso shall be inserted, namely:

''provided further that in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate''.

(b) in sub-section (3) the following proviso shall be inserted, namely:

''Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape may be lifted subject to maintaining confidentiality of name and address of the parties'',

25. Amendment of section 328 : In section 328 of the principal Act,

(A) after sub-section (1), the following sub-section shall be inserted namely:

''(1A) If the civil surgeon finds the accused to be of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist for care, treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be shall inform the Magistrate whether the accused is suffering from unsoundness of mind or mental retardation:

Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of.

(a) head of psychiatry unit in the nearest government hospital; and

(b) a faculty member in psychiatry in the nearest medical college;

(b) for sub-section (3), the following sub-sections shall be substituted namely:

''(3) If such Magistrate is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate shall record a finding to that effect, and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if he finds that no prima facie case is made out against the accused, he shall instead of postponing the enquiry, discharge the accused and deal with him in the manner provided under section 330;

Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect, of whom a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused, and order the accused to be dealt with as provided under section 330.

(4) If such Magistrate is informed that the person referred to in subsection (1A) is a person with mental retardation, the Magistrate shall further determine whether the mental retradation renders the accused incapable of entering defence, and if the accused is found so incapable the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 330''.

26. Amendment of section 329: In section 329 of the principal Act-

(a) after sub-section (1), the following sub-section shall be inserted, namely:

ಭಾಗ - ೪ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ೩೦೩

''(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind:

Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may, be to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-

(a) head of psychiatry unit in the nearest government hospital; and

(b) a faculty member in psychiatry in the nearest medical college'',

(b) for sub-section (2), the following sub-sections shall be substituted, namely:

''(2) If such Magistrate or Court is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused if the Magistrate or Court finds that no prima facie case is made out against the accused, he or it shall instead of postponing the trial, discharge the accused and deal with him in the manner provided under section 330

Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused.

(3) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of entering defence by reason of mental retardation, he or it shall not hold the trial and order the accused to be dealt with in accordance with section 330''

27. Substitution of new section for section 330: For section 330 of the principal Act, the following section shall be substituted., namely:

''330. Release of person of unsound mind pending investigation or trial: (1) Whenever a person if found under section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the Magistrate or Court, as the case may be shall , whether the case is one in which bail may be taken or not, order release of such person on bail:

Provided that the accused is suffering from unsoundness of mind or mental retardation which does not mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the nearest medical facility and to prevent from doing injury to himself or to any other person.

(2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot be granted or if an appropriate underking is not given, he or it shall order the accused to be kept in such a place where regular psychiatric treatment can be provided, and shall report the action taken to the State Government. Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise that in accordance with such rules as the State Government may have made under the Mental Health Act, 1987. (14 of 1987).

(3) Whenever a person is found under section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the Magistrate or Court, as the case ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ ೩೦೪

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ಭಾಗ - ೪

may be shall keeping in view the nature of the act committed and the extent of unsoundness of mind or mental retardation, further determine if the release of the accused can be ordered:

Provided that-

(a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or, Court, as the case may be, decide to order discharge of the accused as provided under section 328 or section 329, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing, injury to himself or to any other person:

(b) if the Magistrate or Court ,as the case may be , is of opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons of unsound mind or mental retardation may be ordered wherein the accused may be provided care and appropriate education and training''.

28. Insertion of new section 357A: After section 357 of the principal Act, the following section shall be inserted, namely

''357A. Victim compensation scheme: (1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.

(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1).

(3) If the trial Court ,at the conclusion of the trial, is satisfied that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.

(4) Where the offender is not traced or identified but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.

(5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

(6) The State or the District legal Services Authority, as the case may, be to alleviate the suffering of the victim may order for immediate first aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit''.

29. Amendment of section 372: In section 372 of the principal Act, the following proviso shall be inserted, namely:

''Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offrnce or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court'',

30. Amendment of section 416: In section 416 of the principal Act, the words ''order the execution of the sentence to be postponed, and may if it thinks fit'' shall be omitted.

ಭಾಗ - ೪ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ೩೦೫

31. Insertion of new section 437A: After section 437 of the principal Act, the following section shall be inserted, namely:

''437A. Bail to require accused to appear before next appellate Court: (1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months.

(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply''

32. Amendment of Form 45: In the Second Schedule to the principal Act, in Form No. 45, after the figures ''437'' the figures and letter ''437A''shall be inserted.

T.K. VISWANATHAN

Secy to the Govt., of India

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ,

ಆರ್. ಆಂಜಿನಿ

ಪಿ.ಆರ್. 19

ಸಹಾಯಕ ಪ್ರಾರೂಪಕಾರ ಮತ್ತು ಪದನಿಮಿತ್ತ, ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ,

ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಇಲಾಖೆ.

ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂಖ್ಯೆ: ಸಂವ್ಯಶಾಇ 7 ಕೇನಿಪ

್ರ 2009, ಬೆಂಗಳೂರು, ದಿನಾಂಕ: 4ನೇ ಮಾರ್ಚ್ 2009

2009ನೇ ಸಾಲಿನ ಜನವರಿ 21ನೇ ದಿನಾಂಕದ ಭಾರತ ಸರ್ಕಾರದ ಗೆಜೆಟ್‌ನ ವಿಶೇಷ ಸಂಚಿಕೆಯ ಭಾಗ-II ಸೆಕ್ಷನ್ 3(i) ರಲ್ಲಿ ಪ್ರಕಟವಾದ ಈ ಕೆಳಕಂಡ GSR ⁴¹ (E) /ESS.Com/sugar (order No.²(³)/²⁰⁰⁸-sp.II dated:²¹.¹.²⁰⁰⁹) ಅನ್ನು ಸಾರ್ವಜನಿಕರ ಮಾಹಿತಿಗಾಗಿ ಕರ್ನಾಟಕ ರಾಜ್ಯ ಪತ್ರದಲ್ಲಿ ಮರು ಪ್ರಕಟಿಸಲಾಗಿದೆ.

MINISTRY OF CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION

(Department of Food and Public Distribution)

ORDER

New Delhi, the 21st January 2009

G.S.R. 41(E)/Ess.Com/Sugar-In exercise of the powers conferred by sub-section (3C) of Section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following order, namely:

1. Short titles and commencement:

(a) This order may be called the Sugar (Price Determination for 2008-2009 Production )Order, 2009.

(b) It shall come into force on the date of its publication in the Official Gazette.

2. Definition: In the order unless the context otherwise requires:

(a)''Indian sugar standards Grade (ISS GRADES)'' means the grades represented by the standard sealed samples of sugar in bottles issued by the Director, National Sugar institute, Kanpur, conforming to the Standards L-29, M-29,S-29,L-30, M-30,S-30, L-31, M-31, S-31 and SS-31 as specified by the Central Government.

(b) ''Schedule'' means a schedule annexed to this Order.

3. Price of Sugar produced in 2008-2009 Season: The prices as specified in Column 3 of Schedule I or Schedule, II, as the case may be, against the zones specified in the corresponding entry in ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ ೩೦೬

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ಭಾಗ - ೪

column 2, shall be the prices payable for all the Indian Sugar Standards (ISS) grades of sugar, packed in 'A' Twill new gunny bags and produced in 2008-09 sugar season by all vacuum pan sugar factories specified in schedule III which are required to be supplied to any person, Organization or State Government under sub-clause (1) of Clause 2 of the Levy Sugar Supply (Control) Order, 1979 for delivery at buyer's option in (i) railway wagons or (ii) the buyer's carts, lorries or other means of transport at the factory gate or factory godowns:

Provided that where a sugar factory is situated at a distance exceeding five kilometers from the nearest railway station or an out agency of the railways or from the godowns outside the factory not connected,. The producer may charge additional thirteen paise per quintal of sugar per kilometer beyond five kilo-meters of the distance between the sugar factory and such railway station or the out agency of the railway in case of dispatches by rail or between the sugar factory and such godowns in case of delivery ex-godowns.

Explanation-In this Order:

(a) the prices specified in column 3 of Schedule I and Schedule II do not included the excise duty additional excise duty in lieu of sales tax, and the special excise duty which the producer can recover at the rate in force at the relevant time, in addition to the prices as determined under this Order;

(b) the prices specified in column 3 of Schedule I include transport from factory godown and loading, at buyer's option into railway wagons at the railway station or siding generally used by the producer and including siding or wagons hauling, dunnage and other incidentals;

(c) the prices specified in column 3 of Schedule II includes transport from godowns and loading of sugar at buyer's option, into carts, lorries or other means of transport at the factory gate/.factory godowns and includes all other incidentals.

4. The pricess determined under this Order shall apply to the sugar produced in the sugar season 2008-09 and delivered on or after the date of commencement of sugar season, that is the 1st day of October 2008 These are provisional prices Recoveries on account of excess payment made if any or additional payments if due will be made on finalization of prices.

SCHEDULE-I

Prices for delivery into railway wagons for all ISS Grades (excluding Excise Duty) in respect of factories specified in Schedule III upto a distance of 5 kilometers from the factory.

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ೩೦೭

NOTE: Where the railway Station is beyond 5 kilometers from the factory an additional amount of Rs .0.13 per kilometer per quintal of sugar shall be paid.

SCHEDULE-II

Prices for delivery into Buyer's Carts, lorries or other means of transport at the factory gate/factory godown for all ISS Grades (excluding Excise Duty) in respect of factories specified in Schedule III.

NORTH WEST KARNATAKA

1 The Godavari Sugar Mills Ltd., Sameerwadi, mudhol, Dist Bijapur.

2 The ugar Sugar Works Ltd., Ugarkhurd .Distt. Belgaum

3 Shri Malaprabha Coop.Sugar Factory Ltd., Muguthan Hubli, Distt Belgaum ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ ೩೦೮

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ಭಾಗ - ೪

4 Shree Doodhaganga Krishna SSK Niyamit, Chikodi, Distt, Belgaum

5 Raibag SSK Niyamit Taluk Raibag, Distt Belgaum

6 The Ghataprabha SSK Niyamit, Gokak, Distt. Belgaum

7 Sri Halasidhanath SSK Ltd., Nipani Teh, Chikodi, Distt Belgaum.

8 Shri Hiranyakeshi SSK Niyamit, Sankeshwar, Distt Belgaum

9 Shri Bhagyalaxmi SSK Ltd., Mansapur Taluk Khanapur, Distt Belgaum

10 Nandi SSK Ltd., Near Chikka Galagali, Distt Bijapur.

11 Rayatara SSK Niyamit, Rammanagar T.K. Mudhol, Distt Bijapur.

12 Karnataka SSK Ltd., Haveri, Distt. Dharwad.

13 Reuka Sugars Ltd Munoli,Tal Sawadathi Distt. Belgaum

14 Prabhulingeshwar Sugar Works Ltd., Siddapur, Distt Bagalkot

15 Jam Khandi Sugars Ltd., Hirepadasalagi, Teh Jamkhandi, Distt Bijapur

16 Venkateshwara power Project Ltd., Bedakihal, Taluka Chikodi, District Belgaum

17 Nirani Sugars Ltd., Mudhol-507313, District Bagalkot

18 Athani Farmers Sugar Factory Ltd., Madabhavi Village ,Taluk, Athani, District Belgaum

19 Krishna SSK Ltd., Kokatnur Teh Athani District Belgaum

20 Gem Sugars Ltd., Kundargi Village ,Biligi Taluk District Bagalkot

21 Dayamyogi Sri Shiv Kumar Swamiji Sugars Ltd., Hireberur Taluk,Indi Dist Bijapur

22 Gokak Power & Distilleries Ltd., Hanashyal P.G. Tal Gokak, Distt. Belgaum

23 Bilagi Sugar Mills Ltd., Badagandi Taluka Bilagi, District Bagalkot

24 Someshwar SSK Niamit, Baihongal District Belgaum

25 M/.s Badami Sugars Ltd., Badami Dist-Bagalkot

26 Shree Renuka Sugars Ltd., Buralatti Tk-Athani, Distt-Belgaum

27 M/s Sadashiva Sugars Ltd., Nagtaral Nainegali, Tal & Dist Bagalkot

REST OF KARNATAKA

1 Sundari Sugars Ltd., P.O. Kampli Sugar Factory ,Distt Bellary

2 Siruguppa Sugars & Chemicals Pvt., Ltd. ,Siruguppa Taluk, Distt. Bellary.

3 Salarjung Sugar Mills Ltd., Munirabad, Distt Raichur

4 Gangavati Sugars Ltd., pragatinagar, Tal Gangawati, Distt Raichur

5 Tungbhadra Sugar Works Pvt. Ltd Shimoga Distt Shimoga

6 Mysore Paper Mills Ltd., Bhadravati Distt Shimoga

7 Gauribidanaur SSK Ltd., Gauribidanaur Distt kolar.

8 Bidar SSK Ltd.Hallikhed, Distt, Bidar

9 Vanivilasa Cooperative Sugar Factory Ltd., Hiriyur Distt Chitradurga.

10 Bhadra SSK Niyamit Doddabathi, Taluk Davangere, Distt Chitradurga

11 Davangere Sugar Co-Ltd., kukkavada, Davangere Taluk, Distt Chitradurga

12 Maheshwara Sugar Ltd., Kollegal ,Dist Mysore

13 Bannari Amman Sugars Ltd., Alaganchi Village, Tal Nanjangud Distt Mysore

14 Shreerama SSK Ltd., Chunchanakatte, K.R. Nagar ,Distt Mysore

15 The Hemavathy SSK Ltd., Hassan, Distt Hassan

16 SSK Niyamit, Teh Aland Distt. Gulbarga

17 Pandavapura SSK Ltd., Pandavapura, Distt Mandya ಭಾಗ - ೪ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ ್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ೩೦೯ 18 Mysore Sugar Co Ltd., Mandya, Distt Mandya

19 Chamundeshwari Sugars Ltd., K.,M. Doddi, Tal Madur Distt Mandya

20 The India Sugar 7 Refineries Ltd., P.O. Chitwadgi, Hospet, Distt., Bellary

21 Cormandel Sugars Ltd., Makkavalli Teh K.R. Pet Distt Mandya

22 Shamnur Sugars Ltd., Duggavathi Teh Harapanahalli, Distt Bellary

23 Naranja SSK Ltd., Village Chillergi, District Bidar

24 Mahatma Gandhi Shakari Sakhare Karkhana Ltd., Balhalki, District Bidar

25 SCM Sugars Ltd., Koppa, Maddur Taluk, District Mandya

26 Bhavani Khandsari Sugar Ltd., Village Baroor, The & District Bidar

27 Shree Renuka Sugars Ltd. Havalga, Tk Afsalpur Dist Gulbarga.

28 M/s SPR Sugars Ltd., Kanchugarahalli, Tal Ramanagaram ,Dist Bangalore

KERALA

1 The Cooperative Sugars Ltd., Chittur Menonpara, P.O. Distt Palghat

2 The Travancore Sugar & Chemicals Ltd., Valanjavattam, P.O. Tiruvalla District Kollam

GOA

1 Sanjivani SSK Ltd., Dayanandnagar, Post Tiska, Distt Goa

COASTAL KARNATAKA

1 Dakshina Kannada Sahakari S. Karkhana Ltd., Mangalore Tal & Distt South Kanara.

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ,

ಆರ್. ಆಂಜಿನಿ

ಪಿ.ಆರ್. 25

ಸಹಾಯಕ ಪ್ರಾರೂಪಕಾರ ಮತ್ತು ಪದನಿಮಿತ್ತ, ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ,

ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಇಲಾಖೆ.

ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂಖ್ಯೆ: ಸಂವ್ಯಶಾಇ 35 ಕೇಶಾಪ

್ರ 2009, ಬೆಂಗಳೂರು, ದಿನಾಂಕ: 13ನೇ ಮೇ 2009

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 16th March, 2009/Phalguna, 25, 1930 (Saka)

The following Act of Parliament received the assent of the President on the 16th March, 2009, and is hereby published for general information:

THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT)

ACT 2009

No.22 OF 2009

[16th March, 2009] An Act further to amend the Central Industrial Security Force Act, 1968.

BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:

ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ

೩೧೦

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ಭಾಗ - ೪

1. Short title and commencement: (1) This Act may be called the Central Industrial Security Force (Amendment) Act, 2009.

(2) It shall be deemed to have come into force on the 10th day of January, 2009

2. Amendment of section 2 : In the Central Industrial Security Force Act, 1968 (50 of 1968) (hereinafter referred to as the principal Act), in section 2-

(a) after clause (ca) , the following clause shall be inserted, namely:

(cb)''joint venture'' means a venture jointly undertaken by the Central Government or State Government with private industrial undertaking'';

(b) after clause (g), the following clause shall be inserted namely:

(ga)''private industrial undertaking'' means an industry owned, controlled or managed by a person other than the Central or State Government or any industrial undertaking in public sector;

3. Amendment of section 3: In section 3 of the Principal Act, in sub-section (1), after the words ''industrial undertakings owned by that Government'' the words ''joint venture or private industrial undertaking '' shall be inserted.

4. Amendment of section 4 : In section 4 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:

''(1) The Central Government may appoint a person to be the Director-General of the Force and such other supervisory officers as considered necessary''.

5. Amendment of section 7: In section 7 of the principal Act, in sub-section (2),-

(i) for the words''an Inspector –General, a Deputy Inspector-General, a Commandant, a Deputy Commandant or an Assistant Commandant'' the words ''such other supervisory officers as considered necessary' 'shall be substituted;

(ii) after the words''industrial undertaking'' the words'' joint venture or private industrial undertaking'' shall be inserted.

6. Amendment of section 10: In section 10 of the principal Act-,

(i) in clause (c) after the word ''safeguard'' the words ''any joint venture, private industrial undertaking and'' shall be inserted;

(ii) in clause (h), after the words ''any other duty'' the words ''within and outside India';' shall be inserted.

7. Amendment of Section 14: In section 14 of the principal Act-

(a) In the marginal heading after the words ''public sector'' the words ''joint venture or private sector'' shall be inserted;

(b) in sub-section (1), after the words ''public sector'' the words ''joint venture or private sector' 'shall be inserted;

(c) in the proviso to sub-section (2) for the words ''one months notice'' the words'' three month's notice '' shall be inserted.

8. Amendment of section 15 : In section 15 of the principal Act, in sub-section (1), after the word ''within'' the words'' or outside'' shall be inserted.

9. Repeal and saving: (1) The Central Industrial Security Force (Amendment) Ordinance, 2009, (Ord 2 of 2009) is hereby repealed.

ಭಾಗ - ೪ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ೩೧೧

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.

T.K. VISWANATHAN

Secy to the Govt., of India

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ,

ಆರ್. ಆಂಜಿನಿ

ಪಿ.ಆರ್. 39

ಸಹಾಯಕ ಪ್ರಾರೂಪಕಾರ ಮತ್ತು ಪದನಿಮಿತ್ತ, ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ,

ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಇಲಾಖೆ.

ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂಖ್ಯೆ: ಸಂವ್ಯಶಾಇ 34 ಕೇಶಾಪ

್ರ 2009, ಬೆಂಗಳೂರು, ದಿನಾಂಕ: 13ನೇ ಮೇ 2009

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 6th March, 2009/Phalguna, 15, 1930 (Saka)

The following Act of Parliament received the assent of the President on the 6th March, 2009, and is hereby published for general information:

THE AGRICULTURALAND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY

(AMENDMENT)ACT, 2009

NO. 20 OF 2009

[6th March, 2009]

An Act to amend the Agricultural and Processed Food Products Export Development Authority Act, 1985

BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:

1. Short title and commencement: (1) This Act may be called the Agricultural and Processed Food Products Export Development Authority (Amendment )Act, 2009.

(2) It shall be deemed to have come into force on the 13th October, 2008.

2. Amendment of section 2: In the Agricultural and Processed Food Products Export Development Authority Act. 1985 (2 of 1986) (hereinafter referred to as the principal Act), in section 2- (a) in clause (g), for the words ''Scheduled products'' the words ''Scheduled products or as the case may be Special products'' shall be substituted;

(b) in clause (i), for the words ''the Schedule'' the words ''the First Schedule'' shall be substituted;

(c) after clause (i), the following clause shall be inserted, namely:

(j)''Special product'' means any of the agricultural or processed food products included in the Second Schedule'.,

3. Substitution of new section for section 3: For section 3 of the principal Act, the following section shall be substituted, namely:

ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ

೩೧೨

್ರ, ಗುರುವಾರ, ಜೂನ್ ೧೮, ೨೦೦೯ ಭಾಗ - ೪

''3. Power to the amend Schedule: The Central Government may, having regard to the objects to this Act, and if it considers necessary or expedient so to do, by notification in the Official Gazette add to or, as the case may be omit, from the First Schedule or the Second Schedule any agricultural or processed food product and on such addition, or as the case may be, omission, such product shall be or shall cease to be, a Scheduled product or Special product as the case may be''.

4. Amendment of section 4 : In section 4 of the principal Act, in sub-section (4) in clause (h), for sub-clause (iii), the following sub-clause shall be substituted, namely:

''(iii) other Scheduled products or Special product industries'',

5. Insertion of new section 10A: After section 10 of the principal Act, the following section shall be inserted, namely:

'10A: Functions in respect of special products, etc., : Without prejudice to any law for the time being in force, it shall be the duty of the Authority to undertake, by such measures as may be prescibed by the Central Government for registration and protection of the intellectual Property rights in respect of Special products in India or outside India.

Explanation: For the purpose of this section ''Intellectual Property'' means any right to intangible property namely, trade marks, designs, patents, geographical indications or any other similar intangible property under any law for the time being in force''

6. Amendment of section 32: In section 32 of the principal Act, in sub-section (2), after clause (h), the following clause shall be inserted, namely:

''(ha) the measures for registration and protection of the Intellectual Property rights under section 10A;'',

7. Insertion of new section 35 : After section 34 of the principal Act, the following section shall be inserted, namely:

''35. Validation: All things done or omitted to be done, and all actions or measures taken or not taken, during the period beginning on or after the 13th day of October, 2008 and ending immediately before the date of commencement of the Agricultural and Processed Food Products Export Development Authority (amendment) Act, 2009, shall in so far as they are in conformity with the provisons of this Act, as amended by the Agricultural and processed food Products, Export Development Authority (amendment) Act ,2009 be deemed to have been done, or omitted to be done or taken or not taken under the provisions of this Act, as amended by the Agricultural and Processed Food Products Export Development Authority (Amendment) Act, 2009 as if such provisions were in force at the time such things were done or omitted to be done and actions or measures taken or not taken during the said period'',

8. Amendment of the Schedule: The Schedule to the principal Act shall be numbered as the First Schedule and after the First Scheduled as so numbered, the following Schedule shall be inserted, namely:

''THE SECOND SCHEDULE

[See Section 2(j)]

Basmati rice''

V.K. BHASIN,

Additional Secretary to the Govt. of India.

ಪಿ.ಆರ್. 38

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ, ಆರ್. ಆಂಜಿನಿ ಸಹಾಯಕ ಪ್ರಾರೂಪಕಾರ ಮತ್ತು ಪದನಿಮಿತ್ತ, ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ, ಸಂಸದೀಯ ವ್ಯವಹಾರಗಳು ಮತ್ತು ಶಾಸನ ರಚನೆ ಇಲಾಖೆ.