(289)

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¸ÀAaPÉ 25

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PÉÃAzÀæzÀ C¢ü¤AiÀĪÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ CzsÁåzÉñÀUÀ¼ÀÄ, PÉÃAzÀæ ¸ÀPÁðgÀzÀªÀgÀÄ ºÉÆgÀr¹zÀ

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gÁµÀÖç¥ÀwAiÀĪÀjAzÀ gÀavÀªÁV gÁdå ¸ÀPÁðgÀzÀªÀjAzÀ ¥ÀÄ£ÀB ¥ÀæPÀlªÁzÀ

DzÉñÀUÀ¼ÀÄ.

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 22 PÉñÁ¥Àæ 2009, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 2£Éà ªÀiÁZïð 2009

2009£Éà ¸Á°£À ¥sɧæªÀj 6£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 1

gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ The Supreme Court (Number of Judges) Amendment Act, 2008 (Act No. 11 of

2009) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå ¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 6^th February, 2009/Magha 17, 1930 (saka)

The following Act of Parliament received the assent of the President on the 5^th February , 2009,

and is hereby published for general information:

THE SUPREME COURT (NUMBER OF JUDGES)

AMENDMENT ACT, 2008

No. 11 OF 2009

[5^th 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

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀĪÁgÀ, dÆ£ï 18, 2009

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290

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

¦.Dgï. 24

PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,

Dgï. DAf¤

¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ, ¸ÀPÁðgÀzÀ C¢üãÀ PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É E¯ÁSÉ.

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É ¸ÀASÉå: ¸ÀAªÀå±ÁE 10 PÉä¥Àæ 2009, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 21£Éà K¦æ¯ï 2009

2009£Éà ¸Á°£À ¥sɧæªÀj 24, ªÀiÁZïð 4, 9£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ

¨sÁUÀ-II ¸ÉPÀë£ï 3(i) ªÀÄvÀÄÛ 3(ii)gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ S.O. ªÀÄvÀÄÛ GSR UÀ¼À£ÀÄß ¸ÁªÀðd¤PÀgÀ

ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå ¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

1) S.O 608(E) –Notification No. F.No. A-12026/1/2009-Admn-I (L.D) dated 4.3.2009

2) S.O. 650(E) –Notification No. F.No. 1-59/FSSA/2009/DFQC dated 9.3.2009

3) GSR 120(E)-Notification No. F.No. 354/210/2008-TRU(Part) dated 24.2.2009.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

NOTIFICATION

New Delhi, the 4^th 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 21^st 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 9^th 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 9^th 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 24^th 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

¦.Dgï. 33

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É E¯ÁSÉ.

¨sÁUÀ - 4

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291

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

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2009£Éà ¸Á°£À ¥sɧæªÀj 24£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï

3(i)gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ GSR114 (E) (Notification No. F.No. 5(271)/2000-NC dated 24.2.2009

(Amendments in the Notaries Rules, 1956) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå ¥ÀvÀæzÀ°è ªÀÄgÀÄ

¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF LAW AND JUSTICE

(Department of Legal Affairs)

NOTIFICATION

New Delhi, the 24^th 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 1^st 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.

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292

7B. Transitional provision-(1) All the memorials received by the Competent Authority till 28^th

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 1^st 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 14^th February 1956 and subsequently amended by G.S.R. 370 (E) dated the

8^th July, 1997, G.S.R. 547 (E) dated the 31^st August, 1998 G.S.R 17 (E) dated the 5^th January 2000,

G.S.R. 262 (E) dated the 28^th March, 2000, G.S.R. 630 (E) dated the 21^st July 2000, G.S.R. 172 (E) dated

the 12^th March, 2001 G.S.R. 330 (E) dated the 9^th May, 2001 G.S.R. 460(E) dated the 25^th June, 2001,

G.S.R 464 (E) dated the 9^th June, 2003 GSR 464 (E) dated the 9^th June, 2003, G.S.R. 296 (E) dated the

19^th May, 2006 G.S.R. 501(E) dated the 24^th August, 2006 G.S.R. 73(E) dated the 9^th February 2007,

G.S.R. 86 (E) dated the 14^th February 2007, G.S.R. 319 (E) dated the 1^st May, 2007 read with G.S.R. 330

(E) dated the 8^th May 2007 G.S.R. 686 (E) dated the 31^st October 2007, G.S.R. 51 (E) dated 23^rd January,

2008, G.S.R. 636 (E) dated the 3^rd September, 2008, and G.S.R. 764 (E) dated the 3^rd November, 2008.

¦.Dgï. 31

PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,

Dgï. DAf¤

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É E¯ÁSÉ.

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

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2009£Éà ¸Á°£À 2.1.2009, 12.1.2009 ªÀÄvÀÄÛ 23.1.2009£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ

¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 3(i) ªÀÄvÀÄÛ 3(ii))gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ C¢ü¸ÀÆZÀ£ÉUÀ¼À£ÀÄß ¸ÁªÀðd¤PÀgÀ

ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå ¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

1. S.O. 13(E) –Notification No.A-11019/18/2008-CCIM Election dated:26.12.2008

2. GSR 20(E)-Notification No. F.No. 11030/41/2008-AIS (II) dated:6.1.2009

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 26^th 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 4^th ‘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

¨sÁUÀ - 4

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293

India, in the Ministry of Health and Family Welfare number S.O. 3259(E), dated the 21^st 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:

‘’TABLE

Name of the University

Particulars

of

the

member

System of

Medicine

Date of

Election

Valid

term

of

Membership

in

the

Faculty

Rajiv

Gandhi

University of Health

Sciences, Karnataka,

4^th

‘T’

Block,

Jayanagar, Bangalore

41

Dr. Srinivas bannigol,

Ayurveda

Mahavidyalaya,Heggeri

Extension Hubli-580021

Ayurveda

9-4-2008

16-2-2008to

15-2-

2011’’

[No. A-11019/18/2008-CCIM Election]

B. ANAND, Jt. Secy

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 6^th 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 20^th March 2007 and subsequently amended vide G.S.R. 23 (E), dated the 10^th January, 2008

and G.S.R. 665 (E) dated the 19^th 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 23^rd 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 23^rd 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

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294

NOTIFICATION

New Delhi, the 23^rd 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 23^rd 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

¦.Dgï. 28

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Dgï. DAf¤

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É E¯ÁSÉ.

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C¢ü¸ÀÆZÀ£É

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2009£Éà ¸Á°£À d£ÀªÀj 9£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 1

gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ The Code of Criminal procedure (Amendment) Act, 2008 (Act No. 5 of 2009)

C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå ¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 9^th January 2009/Pausa 19, 1930 (saka)

The following Act of Parliament received the assent of the President on the 7^th January , 2009,

and is hereby published for general information:

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2008

No 5 OF 2009

[7^th 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.’’

¨sÁUÀ - 4

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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.

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(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;

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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:

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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:

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(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

the Indian

Penal

Code

applicable

Person by whom offence may be

compounded

Uttering words, etc., with deliberate intent

to wound the religious feelings of any

person.

298

The person whose religious feelings are

intended to be wounded

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

and sudden provocation

335

The person to whom the hurt is caused

Wrongfully restraining or confining any

person

341

342

The person restrained or confined

Wrongfully confining a person for three

days or more

343

The person confined

Wrongfully confining a person for ten days

or more.

344

Ditto

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,

wharfinger, etc.

407

The owner of the property in respect of

which the breach of trust has been

committed.

Dishonestly receiving stolen property

knowing it to be stolen

411

The owner of the property stolen

Assisting in the concealment or disposal

of stolen property, knowing it to be stolen.

414

Ditto

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Cheating

417

The person cheated

Cheating by personation

419

Ditto

Fraudulent removal or concealment of

property etc., to prevent distribution

among creditors

421

The creditors who are affected thereby

Fraudulently preventing from being made

available for his creditors a debt or

demand due to the offender

422

Ditto

Fraudulent execution of deed of transfer

containing

false

statement

of

consideration

423

The person affected thereby.

Fraudulent removal or concealment of

property

424

Ditto

Mischief, when the only loss or damage

caused is loss or damage to a private

person

426

427

The person to whom the loss or

Damage is caused.

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

wrongfully diverting water when the only

loss or damage caused is loss or damage

to private person

430

The person to whom the loss or damage is

caused

Criminal trespass

447

The person in possession of the property

trespassed upon

House-trespass

448

Ditto

House –trespass to commit an offence

(other

than

theft)

punishable

with

imprisonment

451

The person in possession of the house

trespassed upon

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

used by another

483

Ditto

Knowingly

selling,

or

exposing

or

possessing for sale or for manufacturing

purpose, goods marked with a counterfeit

property mark

486

Ditto

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

criminal Inter a married woman

498

The husband of the woman and the woman

Defamation, except such cases as are

specified against section 500 of the Indian

Penal Code (45 of 1860) in column 1 of

the Table under sub-section (2)

500

The person defamed

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Printing or engraving matter, knowing it to

be defamatory

501

Ditto

Sale of printed or engraved substance

containing defamatory matter, knowing it

to contain such matter

502

Ditto

Insult intended to provoke a breach of the

peace

504

The person insulted

Criminal intimidation

506

The person intimidated

Inducing person to believe himself an

object of divine displeasure

508

The person induced’’,

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

Offence

Section of

the Indian

Penal

Code

applicable

Person by whom offence may be

compounded

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

337

Ditto

Causing grievous hurt by doing an act so

rashly and negligently as to endanger

human life or the personal safety of others

338

Ditto

Assault or criminal force in attempting

wrongfully to confine a person

357

The person assaulted or to whom th force

was used.

Theft, by clerk or servant of property in

possession of master

381

The owner of the property stolen

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.

Cheating a person whose interest the

offender was bound, either by law or by

legal contract, to protect.

418

The person cheated.

Cheating

and

dishonestly

inducing

delivery of property or the making

alteration or destruction of a valuable

security

420

The person cheated.

Marrying again during the life-time of a

husband or wife

494

The husband or wife of the person so

marrying

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

500

The person defamed.

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Uttering words or sounds or making

gestures or exhibiting any object intending

to insult the modesty of a woman or

intruding upon the privacy of a woman

509

The woman whom it was intended to insult

or whose privacy was intruded upon’’.

(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:

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‘’(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

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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.

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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

¦.Dgï. 19

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3(i) gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ GSR 41 (E) /ESS.Com/sugar (order No.2(3)/2008-sp.II dated:21.1.2009)

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MINISTRY OF CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION

(Department of Food and Public Distribution)

ORDER

New Delhi, the 21^st 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

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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 1^st 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.

(Rupees per quintal)

Sl.No

Zone

All India Sugar Standards (AISS) Grades of

Sugar

1

Andhra Pradesh

1367.48

2

Assam, orissa, West Bengal and Nagaland

1220.90

3

Bihar (North)

1410.87

4

Gujarat (South)

1234.32

5

Gujarat (Saurashtra)

1418.71

6

Haryana

1246.76

7

North-west Karnataka

1346.90

8

Rest of Karnataka

1292.25

9

Kerala,Goa and Coastal Karnataka

1430.94

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10

Madhya Pradesh

1425.54

11

Maharashtra (South)

1346.38

12

Maharashtra (North)

1319.73

13

Maharashtra (Central)

1338.60

14

Punjab

1285.74

15

Rajasthan

1374.82

16

Tamilnadu and Pondicherry

1337.21

17

Uttar Pradesh (Central)

1332.34

18

Uttar Pradesh (East)

1384.98

19

Uttar Pradesh (West)

1277.49

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.

(Rupees per quintal)

Sl.No

Zone

All India Sugar Standards (AISS) Grades of

Sugar

1

Andhra Pradesh

1365.91

2

Assam, orissa, West Bengal and Nagaland

1219.33

3

Bihar (North)

1409.30

4

Gujarat (South)

1232.75

5

Gujarat (Saurashtra)

1417.14

6

Haryana

1245.19

7

North-west Karnataka

1345.33

8

Rest of Karnataka

1290.68

9

Kerala, Goa and Coastal Karnataka

1429.37

10

Madhya Pradesh

1423.97

11

Maharashtra (South)

1344.81

12

Maharashtra (North)

1318.16

13

Maharashtra (Central)

1337.03

14

Punjab

1284.17

15

Rajasthan

1373.25

16

Tamilnadu and Pondicherry

1335.64

17

Uttar Pradesh (Central)

1330.77

18

Uttar Pradesh (East)

1383.41

19

Uttar Pradesh (West)

1275.92

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

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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

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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.

¦.Dgï. 25

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C¢ü¸ÀÆZÀ£É

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2009£Éà ¸Á°£À ªÀiÁZïð 16£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï

1 gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ The Central Industrial Security Force (Amendment )Act, 2009 (Act No.22 of

2009) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå ¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 16^th 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

[16^th 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:

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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 10^th 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.

¨sÁUÀ - 4

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311

(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

¦.Dgï. 39

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1 gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ The Agricultural and Processed Food Products Export Develoment Authority

(Amendment) Act, 2009 (Act No. 20 of 2009) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå ¥ÀvÀæzÀ°è ªÀÄgÀÄ

¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 6^th 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

[6^th 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 13^th 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:

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‘’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 13^th 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.

¦.Dgï. 38

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