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1 gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ The Finance Act, 2009 (Act No.26 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 20th March, 2009/Phalguna, 29, 1930 (Saka)
The following Act of Parliament received the assent of the President on the 20th March, 2009,
and is hereby published for general information:
THE FINANCE ACT, 2009,
No.26 OF 2009
[20th March, 2009]
An Act to continue the existing rates of income-tax for the financial year 2009-10.
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 Finance Act, 2009
(2) Section 2 shall come into force on the 1st day of April 2009.
2. Income tax: The provisions of section 2 of , and the First Schedule to, the Finance Act
2008(18 of 2008), shall apply in relation to income –tax for the assessment year or as the case may be ,
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the financial year commencing on the 1st day of April, 2009, as they apply in relation to income-tax for the
assessment year or, as the case may be the financial year commencing on the 1st day of April, 2008, with
the following modifications namely:
(a) in section 2,-
(i) for sub-section (1), the following sub-section shall be substituted, namely:
‘’(1) Subject to the provisions of sub-sections (2) and (3) for the assessment year commencing on
the 1st day of April 2009, income-tax shall be charged at the rates specified in Part I of the First Schedule
and such tax shall be increased by a surcharge, for purposes of the Union, calculated in each case in the
manner provided therein’’.
(ii) in sub-section (2)-
(A) in the opening portion and in clause (a) and sub-clause(ii) of clause(b), for the words ‘’one
lakh ten thousand rupees’’ the words ‘’one lakh fifty thousand rupees’’ shall be substituted;
(B) in the first proviso-,
(I) for the words ‘’one lakh ten thousand rupees’’ the words ‘’one lakh fifty thousand rupees’’
shall be substituted’’.
(ii) for the words ‘’one lakh forty-five thousand rupees the words ‘’one lakh eighty thousand
rupees’’ shall be substituted;
(C) in the second proviso-
(I) for the words ‘’one lakh ten thousand rupees’’ the words ‘’one lakh fifty thousand rupees’’
shall be substituted;
(II) for the words ‘’one lakh ninety five thousand rupees’’ the words ‘’two lakh twenty-five
thousand rupees’’ shall be substituted;
(D) in the third proviso, the words, figures and letter ‘’as reduced by the amount of rebate of
income-tax calculated under Chapter VIII-A of the Income-tax Act’’, shall be omitted;
(iii) in sub-section (3), in the opening portion, for the words’’ the Income tax Act, the words
figures and brackets ‘’the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Income-tax
Act)’’ shall be substituted;
(iv) in sub-section (13) in clause (a), for the figures ‘’2008’’ the figures 2009’’ shall be
substituted;
(b) in the First Schedule-:
(i) for Part I, the following Part shall be substituted namely:
``PART I
INCOME-TAX
Paragraph A
(I) In the case of every individual other than the individual referred to in items (II) and (III) of this
Paragraph or Hindu undivided family or association of persons or body of individuals, whether
incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of
section 2 of the income –tax Act, not being a case to which any other Paragraph of this Part applies-
Rates of income-Tax
1
Where the total income does not exceed Rs.
1,50,000
Nil
2
Where the total income exceeds Rs. 1,50,000
but does not exceed Rs. 3,00,000
10 per cent of the amount by which the total
Income exceeds Rs .1,50,000
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3
Where the total income exceeds Rs. 3,00,000
but does not exceed Rs .,5,00,000
Rs .15.000 plus 20 per cent of the amount by
which the total income exceeds Rs ,3,00,000
4
Where the total income exceeds Rs .5,00,000
Rs .55,000 plus 30 per cent of the amount by
which the total income exceeds Rs 5,00,000
(II) In the case of every individual being a woman resident in India, and below the age of sixty-five
years at any time during the previous year:
Rates of income-tax
1
Where the total income does not exceed Rs.
1,80,000
Nil
2
Where the total income exceeds Rs. 1,80,000
but does not exceed Rs. 3,00,000
10 per cent of the amount by which the total
Income exceeds Rs .1,80,000
3
Where the total income exceeds Rs. 3,00,000
but does not exceed Rs .,5,00,000
Rs .12.000 plus 20 per cent of the amount by
which the total income exceeds Rs ,3,00,000
4
Where the total income exceeds Rs .5,00,000
Rs .52,000 plus 30 per cent of the amount by
which the total income exceeds Rs 5,00,000
(III) In the case of every individual being a resident in India, who is of the age of sixty-five years
or more at any time during the previous year:
Rates of income-tax
1
Where the total income does not exceed Rs.
2,25,000
Nil
2
Where the total income exceeds Rs. 2,25,000
but does not exceed Rs. 3,00,000
10 per cent of the amount by which the total
Income exceeds Rs 2,25,000
3
Where the total income exceeds Rs. 3,00,000
but does not exceed Rs .,5,00,000
Rs .7,500 plus 20 per cent of the amount by
which the total income exceeds Rs ,3,00,000
4
Where the total income exceeds Rs .5,00,000
Rs 47,500 plus 30 per cent of the amount by
which the total income exceeds Rs 5,00,000
Surcharge on income –tax
The amount of income-tax computed in accordance with the preceding provisions of this
Paragraph, or in section 111A or section 112, shall-
(i) in the case of every individual or Hindu undivided family or association of persons or body of
individuals having a total income exceeding ten lakh rupees, be increased by a surcharge for purposes of
the Union calculated at the rate of ten per cent of such income-tax.
(ii) in the case of every person other than those mentioned in item (i), be increased by a
surcharge for purposes of the Union calculated at the rate of ten per cent. of such income-tax;
Provided that in case of persons mentioned in item (i)above having a total income exceeding ten
lakh rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the
total amount payable as income-tax on a total income of ten lakh rupees by more than the amount of
income that exceeds ten lakh rupees.
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Paragraph B
(I) In the case of every co-operative society
Rates of income-tax
1
Where the total income does not exceed Rs.
10,000
10 per cent of the total income;
2
Where the total income exceeds Rs. 10,000
but does not exceed Rs. 20,000
Rs .1,000 plus 20 percent of the amount by
which the total income exceeds Rs .10.000;
3
Where the total income exceeds Rs. 20,000
Rs .3,000 plus 30 per cent of the amount by
which the total income exceeds Rs 20,000.
Paragraph C
(I) In the case of every firm,
Rate of income-tax
On the whole of the total income
30 percent
Surcharge on income-tax
The amount of income tax computed at the rate hereinbefore specified, or in section 111A or
section 112, shall in the case of every firm having a total income exceeding one crore rupees, be
increased by a surcharge for purposes of the Union calculated at the rate of ten percent of such income-
tax:
Provided that in the case of every firm having a total income exceeding one crore rupees, the
total amount payable as income-tax and surcharge on such income shall not exceed the total amount
payable as income-tax on a total income of one crore rupees by more than the amount of income that
exceeds one crore rupees.
Paragraph D
In the case of every local authority,
Rate of income-tax
On the whole of the total income
30 percent
Paragraph E
In the case of a company;
Rates of income-tax
I
In the case of a domestic company
30 percent of the total income
II
In the case of a Company other than a
domestic company (i) on so much of the total
income as consists of
(a) royalties received from Government or an
Indian concern in pursuance of an agreement
made by it with the Government or the Indian
concern after the 31st day of March 1961 but
before the 1st day of April 1976;or
(b) fees for rendering technical services
received from Government or an Indian
concern in pursuance of an agreement made
by it with the Government or the Indian
concern after the 29th day of February 1964
but before the 1st day of April 1976
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And where such agreement has in either
case,
been
approved
by
the
Central
Government
50 percent
(ii)
On the balance if any of the total income
40 percent
Surcharge on income-tax
The amount of income-tax computed in accordance with the preceding provisions of this
Paragraph, or in section 111A or section 112, shall, in the case of every company, be increased by a
surcharge for purposes of the Union calculated-
(i) in the case of every domestic company having a total income exceeding one crore rupees, at
the rate of ten per cent of such income-tax;
(ii) in the case of every company other than a domestic company having a total
Income exceeding one crore rupees, at the rate of two and one-half per cent.:
Provided that in the case of every company having a total income exceeding one crore rupees,
the total amount payable as income-tax and surcharge on such income shall not exceed the total amount
payable as income tax on a total income of one of crore rupees by more than the amount of income that
exceeds one crore rupees.”
(ii) in part IV, in rule 8,_
(A) for sub- rules (1)and (2), the following sub-rules shall be substituted, namely:
“(1) where the assessee has, in the previous year relevant to the assessment year commencing
on the 1st day of April, 2009, any agricaltural income and the net result of the computation of the
agricultural Income of the assessee for any one or more of the previous years relevant to the
assessment year commencing on the 1 st day of April, 2001 or the 1 st day of April, 2002 or the 1st day
of April,2003 or the 1st day of April, 2004 or the 1st day of April, 2005 or the 1st day of April, 2006 or the 1st
day of April, 2007 or the 1st day of April 2008, is a loss, then, for the purposes of sub-section (2) of
section 2 of this Act ,-
(i) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2001, to the extent, if any, such loss has not been set off against the agricultural
income for the previous year relevant to the assessment year commencing on the 1st day of April, 2002 or
the 1st day of April 2003 or the 1st day of April, 2004 or the 1st day of April, 2005 or the 1st day of April,
2006 or the 1st day of April, 2007 or the 1st day of April, 2008.
(ii) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April,2002, to the extent, if any, such loss has not been set off against the agricultural
income for the previous year relevant to the assessment year commencing on the 1st day of April, 2003
or the 1st day of April, 2004 or the 1st day of April, 2005 or the 1st day of April,. 2006 or the 1st day of April
2007 or the 1st day of April,2008,
(iii)The loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April,2003, to the extent if any such loss has not been set off against the agricultural income
for the previous year relevant to the assessment year commencing on the 1st day of April 2004, or the 1st
day of April, 2005 or the 1st day of April, 2006 or the 1st day of April 2007 or the 1st day of April 2008,
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(iv) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2004 to the extent, if any, such loss has been set off against the agricultural income
for the previous year relevant to the assessment year commencing on the 1st day of April, 2005 or the 1st
day of April, 2006 or the 1st day of April 2007 or the 1st day of April 2008.
(v) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2005, to the extent if any such loss has not been set off against the agricultural income
for the previous relevant to the assessment year commencing on the 1st day of April, 2006 or the 1st day
of April, 2007 or the 1st day of April, 2008.
(vi) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2006, to the extent if any, such loss has not been set off against the agricultural
income for the previous year relevant to the assessment year commencing on the 1st day of April, 2007 or
the 1st day of April, 2008,
(vii) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2007 to the extent if any such loss has not been set off against the agricultural income
for the previous year relevant to the assessment year commencing on the 1st day of April, 2008.
(viii) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April 2008.
Shall be set off against the agricultural income of the assessee for the previous year relavent to the
assessment year commencing on the 1`st day of April, 2009.
(2) Where the assessee has in the previous year relevant to the assessment year commencing on
the 1st day of April, 2010, or if, by virtue of any provision of the Income-tax Act, income-tax is to be
charged in respect of the income of a period other than the previous year, in such other period any
agricultural income and the net result of the computation of the agricultural income of the assessee for
any one or more of the previous years relevant to the assessment year commencing on the 1st day of
April, 2002 or the 1st day of April, 2003 or the 1st day of April, 2004 or the 1st day of April 2005, or the 1st
day of April, 2006 or the 1st day of April, 2007 or the 1st day of April, 2008 or the 1st day of April, 2009, is a
loss then for the purposes of sub-section (10) of section 2 of this Act,-
(i) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April 2002, to the extent if any, such loss has not been set off against the agricultural income
for the previous year relevant to the assessment year commencing on the 1st day of April, 2003 or the 1st
day of April 2004 or the 1st day of April 2005 or the 1st day of April 2006 or the 1st day of April, 2007 or the
day of April, 2008 or the 1st day April 2009..
(ii) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April ,2003, to the extent if any such loss has not been set off against the agricultural
income for the previous year relevant to the assessment year commencing on the 1st day of April, 2004 or
the 1st day of April, 2005 or the 1st day of April, 2006 or the 1st day of April 2007 or the 1st day of April,
2008 or the 1st day of April, 2009.
¨sÁUÀ - 4
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(iii) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2004, to the extent if any such loss has not been set off against the agricultural income
for the previous year relevant to the assessment year commencing on the 1st day of April 2005 or the 1st
day of April, 2006 or the 1st day of April. 2007 or the 1st day of April, 2008, or the 1st day of April, 2009.
(iv) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2005, to the extent if any, such, loss has not been set off against the agricultural
income for the previous year relevant to the assessment year commencing on the 1st day of April, 2006
or the 1st day of April, 2007 or the 1st day of April 2008 or the 1st day of April, 2009.
(v) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2006, to the extent, if any, such loss has not been set off against the agricultural
income for the previous year relevant to the assessment year commencing on the 1st day of April, 2007 or
the 1st day of April 2008 or the 1st day of April 2009.
(vi) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2007, to the extent if any, such loss has not been set off against the agricultural
income for the previous year relevant to the assessment year commencing on the 1st day of April, 2008 of
the 1st day of April 2009.
(vii) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2008, to the extent if any such loss has not been set off against the agricultural income
for the previous year relevant to the assessment year commencing on the 1st day of April, 2009.
(viii) the loss so computed for the previous year relevant to the assessment year commencing on
the 1st day of April, 2009.
Shall be set off against the agricultural income of the assessee for the previous year relevant to the
assessment year commencing on the 1st day of April, 2010’’,
(B) for sub-rule (4), the following sub-rule shall be substituted, namely:
‘’(4) Notwithstanding anything contained in this rule, no loss which has not been determined by
the Assessing Officer under the provisions of these rules or the rules contained in Part IV of the First
Scheduled to the Finance Act, 2001 (14 of 2001), or of the First Schedule to the Finance, Act, 2002 (20
of 2002) or, of the First Schedule to the Finance Act, 2003 (32 of 2003) or of the First Schedule to the
Finance (No 2) Act, 2004 (23 of 2004), or of the First Schedule to the Finance Act, 2005 (18 of 2005), or
of the First Schedule to the Finance Act 2006 (21 of 2006), or of the First Schedule to the Finance, Act ,
2007 (22 of 2007), or of the first Schedule to the Finance Act, 2008 (18 of 2008 )shall be set off under
sub-rule (1), or as the case may be sub-rule(2)’’
V.K. BHASIN,
Additional Secretary to the Govt. of India
¦.Dgï. 37
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2009£Éà ¸Á°£À d£ÀªÀj 13£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 1
gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ The South Asian University Act, 2008 (Act No.8 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 13th January 2009/Pausa 23, 1930(Saka)
The following Act of Parliament received the assent of the President on the 11th January, 2009,
and is hereby published for general information
THE SOUTH ASIAN UNIVERSITY ACT, 2008
No 8 OF 2009
[11th January, 2009]
An Act to give effect to the Agreement for the establishment of South Asian University and for matters
connected therewith or incidental thereto.
WHEREAS an Agreement for the establishment of the South Asian University was signed on
behalf of the respective Governments of the Member States of the SouthAsian Association for Regional
Co-operation (SAARC) on the 4th day of April, 2007;
AND WHEREAS Article 1 of the said Agreement provides that the main campus of the University
shall be located in India, therefore it is expedient to make provisions for giving effect to the said
Agreement;
BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:
1. Short title extent and commencement: (1) This Act may be called the South Asian University
Act, 2008
(2) It extends to the whole of India and to campuses and centres established outside India in the
SAARC region.
(3) 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. Definitions: In this Act, unless the context otherwise requires:
(a) ''Academic Council'' means the Academic Council of the University;
(b) ''academic staff'' means such categories of staff as are designated as academic staff
by the Statutes;
(c) ''Agreement'' means the Agreement for the establishment of the south Asian
University;
(d) ''bye-laws'' means the bye -laws of the University;
(e) ''Centre''means a unit of the University or of a University Institute providing teaching,
consultancy and research facilities and includes a Regional Centre:
(f) ‘’employee’’ means any person appointed by the University and includes teachers and
other staff of the University;
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(g) ‘’Executive Council’’ means the Executive Council of the University;
(h) ‘’Faculty’’ means a Faculty of the University;
(i) ‘’Governing Board’’ means a Governing Board of the University constituted under
section 6;
(j) ‘’Hall’’ means a unit of residence, by whatever name called, for students of the
University provided, maintained or recognized by it;
(k) ‘’Host Country’’ means the Republic of India;
(l) ‘’Host Government’’ means the Government of the Host Country;
(m)’’Member States’’ means the Member States of the SAARC;
(n)’’prescribed’’means prescribed by Statutes, Regulations or bye-laws;
(o) ‘’President’’ means the President of the University appointed under section 12’
(p) ‘’Project Office’’ means the project office set up for the purpose of carrying out
necessary tasks for establishing the main campus of the University;
(q) ‘’Recognised institution’’ means an institution of higher learning maintained or
recognized by or, associated with, the University;
(r) ‘’Regional Centre’’ means a centre established or maintained by the University at any
place in the SAARC region for the purpose of coordinating and supervising the work of campuses or
centres in such region and for performing such functions as may be conferred on such centre by the
Governing Board;
(s) ‘’Regulations’’ means the Regulations of the University;
(t) ‘’SAARC’’ means an organization known as the South Asian Association for Regional
Co-operation established by the Charter of the South Asian Association for Regional Co-operation signed
on eighth day of December, 1985;
(u) ‘’SAARC region’’ means the region comprising the territories of the Member States;
(v) ‘’Schedule’’ means the Schedule of the Act’
(w) ‘’Statutes’’ means the Statutes of the University;
(x) ‘’teacher’’ means professor reader lecturer and research staff of the University
appointed or recognized by the University for imparting instructions in the University or for giving guidance
to students for pursuing any course of study of the University; and
(y) ‘’University’’ means the South Asian University incorporated under section 4.
3. Provisions of Agreement to have force of law: Notwithstanding anything contrary contained
in any other law, the provisions of the Agreement set out in the Schedule shall have the force of law in
India.
4. Incorporation of South Asian University: (1) With effect from such date as the Central
Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established
for the purposes of giving effect to provisions of the Agreement, a University to be called as South Asian
University.
(2) The University shall be a body corporate having prepetual succession and a common seal and
shall sue an be sued by the said name.
(3) The Headquarters of the University shall be at Delhi
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(4) The University may establish or maintain campuses and centres at such other places within
India and outside India in the SAARC region as it may deem fit.
5. Jurisdiction: The Jurisdiction of the University shall extend to whole of India and to campuses
and centres established outside India in the SAARC region:
Provided that where the University establishes and maintains any campus or centre outside India
at any place in the SAARC region, then the Jurisdiction of the University shall extend to such campus or
centre, subject to the provision of the Agreement and laws in force in any of the Member States within
which such campus or centre is situated.
6. Governing Board (1) There shall be a Governing Board of the University consisting of two
members from each of the Member States of the SAARC and the President of the University:
Provided that until the first Governing Board is formed, the Inter-Governmental Steering
Committee of the SAARC shall function as an interim Governing Board.
(2) The Governing Board shall be headed by the Chairperson who shall be elected from amongst
the members of the Governing Board.
(3) The members of the Governing Board shall be selected in such manner and for such term as
provided in Article 5 of the Schedule.
(4) The president of the University shall be the ex officio member of the Governing Board.
(5) The Governing Board shall be responsible for all the policies and directions of the University
and management of its affairs.
(6) The Chairperson of the Board shall exercise such powers as may be prescribed by the
Statutes.
7. Objectives of University: The objectives of the University shall be-
(a) to disseminate and advance knowledge, wisdom and understanding by providing instructional
and research facilities in such branches of learning as it may deem fit;
(b) to take appropriate measures for promoting innovations in teaching-learning process, inter-
disciplinary studies and application of knowledge to social advancement, and human welfare and to the
promotion of regional peace and security:
(c) to impart liberal and humane education towards capacity building of the South Asian nations in
the domain of science, technology and other areas of higher learning vital for improving their quality of life
and to give students the analytical tools needed for the pursuit of profession and inculcate in them the
quality of leadership;
(d) to foster in the students sound civic sense and to train them to become useful citizens of
democratic societies;
(e) to build a South Asian community of learning where students from countries of South Asia are
able to develop their fullest intellectual potential and to create a South Asian community by strengthening
regional consciousness;and
(f) to harmonise the academic standards and accreditation norms in teaching research and
curriculum that are acceptable to all Member States.
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8. Powers of University : The University shall have the following powers, namely:
(i) to provide for instruction in such branches of learning as the University may,from time to time,
determine and to make provisions for research and for the advancement and dissemination of
Knowledge;
(ii) to establish such special centres and specialized laboratories and such other units for
research and instruction as are necessary for the furtherance of its objects;
(iii) to plan and prescribed courses of study for degrees, diplomas certificates or for any other
purpose;
(iv) to grant, subject to such conditions as the University may determine, diplomas or certificates
and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other
method of testing and to withdraw any such diplomas, certificates, degrees or other academic distinctions
for good and sufficient cause;
(v) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;
(vi) to organise and to undertake open learning programmes, extramural studies.training and
extension services;
(vii) to institute Chairs principalships, professorships, readerships and lecturerships and other
teaching and academic positions, required by the University and to appoint persons to such Chairs,
Principalships, Professorships Readerships and lecturerships and other teaching and academic positions;
(viii) to appoint visiting professors, Emeritus professors, consultants, scholars and such other
persons who may contribute to the advancement of the objects of the University;
(ix) to recognise persons as Professors, Readers or lecturers or otherwise as teachers of the
University;
(x) to create administrative and other posts as the University may deem necessary from time to
time and to make appointments thereto;
(xi) to lay down conditions of service of all categories of employees, including their code of
conduct;
(xii )to establish and maintain campuses, Centres, Regional Centres as may be determined from
time to time;
(xiii) to admit to its privileges institutions situated within its jurisdiction as the University
institutions and to withdraw all or any of those privileges in accordance with such conditions as may be
prescribed by the Statutes;
(xiv) to co-operate or collaborate or associate with any other University or authority or institution
of higher learning or any other public or private body, having in view the promotion of purposes and
objects similar to those of the University in such manner as may be prescribed and for such purposes as
may be determined or agreed upon by the University;
(xv) to determine standards of admission, including examination, evaluation or any other method
of testing to the University, and the institutions maintained by or admitted to the privileges of the
University;
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(xvi) to demand and receive payment of fees and other charges as may be prescribed;
(xvii) to establish Halls and to recognise, guide, supervise and control Halls not maintained by the
University and other accommodation for students, and to withdraw any such recognition;
(xviii )to make arrangements for promoting health and general welfare of students and employees
of the University;
(xix) to regulate and enforce discipline among the students and the employees, and to take such
disciplinary measures in this regard as may be deemed by the University to be necessary;
(xx) to institute and award Fellowships, Scholarship, Studentships and prizes;
(xxi) to receive benefactions, donations and gifts in accordance with the regulations made by the
Governing Board as per norms of the SAARC and to acquire, hold, manage and dispose of any property,
movable or immovable, including trust and endowment properties, for the purposes or objects of the
University and to invest funds in such manner as it deems fit;
(xxii) to borrow, with the approval of the Governing Board, on the security of the University
property, money for purposes of the University;
(xxiii) to recognize for any purpose, either in whole or in part any institution or members or
students thereof on such terms and conditions as may, from time to time be prescribed and to withdraw
such recognition;
(xxiv) to enter into any agreement for the incorporation of any other institution in the University
and for taking its rights, properties and liabilities and for any other purpose not repugnant to this Act;
(xxv) to make provision for research and advisory services and for that purpose to enter into such
arrangements with other institutions or bodies as it may deem necessary;
(xxvi) to provide for the printing reproduction and publication of research and other work which
may be issued by the University;
(xxvii )to exercise such other powers accorded to it under the Agreement; and
(xxviii) to do all such other acts as may be necessary incidental or conducive to the promotion of
all any of the objects of the University.
9. University open to all persons: The University shall be open to all persons irrespective of
gender, caste, creed, disability, ethnicity or socio-economic background and it shall not be lawful for the
University to adopt or impose on any person, any test whatsoever of religious belief or profession in order
to entitle him to be appointed as a teacher of the University or to hold any office therein or be admitted as
a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof.
10. Visitor: (1) The Foreign Minister of the current Chair of the SAARC shall be the Visiti or of the
University.
(2) The Visit or shall have such powers as may be prescribed by the Statutes.
11. Officers of University: (1) There shall be a President of the University, and such other
officers appointed in such manner as may be prescribed, who shall exercise such powers and functions
as may be prescribed.
(2) The President shall be the Chief Executive Officer of the University.
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12. President and its powers: (1) The President shall be appointed by the Governing Board in
such manner as may be prescribed by the Statutes;
Provided that until the President is appointed, the Chief Executive Officer of the Project Office
shall exercise the powers of the President and function as Chief Executive officer of the University.
(2) The President shall as the Chief Executive Officer ,exercise general supervision and control
over affairs of the University and shall be responsible for implementing the objectives of the University
and fulfilling the policy directives of the Governing Board.
(3) The President may, if he is of the opinion that immediate action is necessary on any matter,
exercise any power conferred on any authority of the University by or under this Act and shall report to
such authority at its next meeting the action taken by him on scuh matter;
Provided that such exercise of power shall be made only in emergent situations and in no case in
respect of creation and upgradation of posts, and appointments thereto;
Provided further that if the authority concerned is of the opinion that such action ought not to have
been taken, it may refer the matter to the Governing Board whose decision thereon shall be final.
(4) The President, if he is of the opinion that any decision of any authority of the University is
beyond the powers of the authority conferred by the provisions of this Act and the Statutes or that any
decision taken is not the interest of the University, may ask the authority concerned to review its decision
within sixty days of such decision and if the authority refuses to review the decision either in whole or in
part or no decision is taken by it within the said period of sixty days. The matter shall be referred to the
Governing Board whose decision thereon shall be final.
(5) The President or any officer of the University, authorized by him in this behalf shall have the
power to enter into agreements, sign documents and authenticate records on behalf of the University.
(6) The President shall exercise such other powers as may be prescribed by the Statutes.
13. Other officers: The manner of appointment and powers and duties of other officers of the
University shall be such as may be prescribed by the Statutes.
14. Privileges and immunities of President and academic staff: The University, the President
and the members of the academic staff and where applicable. Their dependents or members of the
family, shall enjoy such privileges and immunities as the Central Government may notify under section 3
of the United Nations (Privileges and Immunities)Act, 1947 (46 of 1947).
15. Authorities of University: The following shall be the authorities of the University-
(a) the Executive Council,
(b) the Academic Council ,and
(c) such other authorities as may be declared by the Governing Board in the Statutes to
be the authorities of the University.
16. Executive Council: (1) The Executive Council shall be the executive body of the University
and shall exercise powers to give effect to the directions or decisions of the President and the Governing
Board.
(2) The constitution of the Executive Council, the term of office of its members and its powers and
functions shall be such as may be prescribed by the Statutes.
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17. Academic Council: (1) The Academic Council shall be the principal academic body of the
University and shall subject to the provisions of this Act, the Statutes and Regulations, Co-ordinate and
exercise general supervision over the academic policies of the University.
(2) The constitution of the Academic Council, the term of office of its members and its powers and
functions shall be such as may be prescribed by the Statutes.
18. Constitution of other authorities: The constitution of the authorities under clause (c) of
Section 15 the terms of the office of the members of such authorities and their powers and duties shall be
such as may be prescribed by the Statutes.
19. Faculties and Departments: (1) the University shall have such faculties as may be
prescribed by the Statutes.
(2) Each Faculty shall have such Departments or Schools of Studies as are prescribed by the
Statutes, and each Department or Schools of Studies shall have such subjects of study as may, be
assigned to it by Regulations.
20. Statutes: (1) Subject to the provisions of this Act, the Statutes may provided for all or any of
the following matters namely:
(a) powers of the Visitor;
(b) powers of the Chairperson of the Governing Board;
(c) manner of appointment of the President and its powers;
(d) the constitution, powers and functions of the Executive Council, Academic Council and other
authorities and bodies of the University;
(e) categories of academic staff;
(f) appointment of teachers academic staff and other employees of the University;
(g) establishment of faculties of the University;
(h) the conditions under which institution may be admitted to the privileges of the University and
the withdrawal of such privileges;
(i) the conferment of honorary degrees;
(j) delegation of powers vested in the authorities or officers of the University;
(k) setting up of a machinery for redressal of grievances between employees or the students and
the University; and
(l) all other matters which by this Act are to be or may be provided for by the statutes.
(2) The First Statutes shall be those as may be made for the operation of the University by the
Inter-Governmental Steering Committee of the SAARC
(3) The Governing Board may, from time to time make new or additional Statutes or may amend
or repeal the Statutes referred to in sub-section (2):
Provided that the Governing Board shall not make, amend or repeal any Statute affecting the
status ,powers or constitution of any authority of the University until such authority has been given an
opportunity of expressing an opinion in writing in the proposed changes and any opinion so expressed
has been considered by the Governing Board.
21. Regulations: (1) Subject to the provisions of this Act and the Statutes, the Regulations may
provide for all or any of the following matters, namely:
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(a) the admission and enrolment of students to the University and institutions maintained by or
admitted to the privileges of the University;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University
(c) the medium of instruction and examination;
(d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications
for the same and the means to be taken relating to the granting and obtaining of the same;
(e) the fees to be charged for courses of study in the University and for admission to the
examinations, degrees and diploms of the University;
(f) the institution of and conditions for award of fellowships, scholarships studentships and prizes;
(g) the conduct of examinations, including the term of office and manner of appointment and the
duties of examining bodies examiners and moderators;
(h) the conditions of residence of students of the University;
(i) the special arrangements, if any which may be made for the residence, discipline and teaching
of women students and the prescribing of special courses of studies for them;
(j) the establishment of Centres, University Institutes, Departments, Schools of Studies, Boards of
Studies, specialised laboratories and Committees;
(k) the creation ,composition and functions of any other body which is considered necessary for
improving the academic life of the University;
(l) the manner of co-operation and collaboration with other Universities, institutions and other
bodies or associations; and
(m) all other matters which by this Act or the Statutes are to be or may be provided for by the
Regulations;
(2) The First Regulations shall be made by the Chief Executive Officer of the Project Office with
the prior approval of the Inter-Governmental Steering Committee and the Regulations so made may be
amended, repealed or added to any time by the Governing Board in the manner prescribed by the
Statutes.
22. Bye-laws: The authorities of the University may make bye- laws consistent with this Act, the
Statutes and the Regulations for the conduct of their own business and not provided for by this Act, the
Statutes or the Regulations, in the manner as may be prescribed by Statutes.
23. Power to give retrospective effect to Statutes and Regulations: The power to make
Statutes or Regulations shall include the power to give retrospective effect, from a date not earlier than
the date of commencement of this Act, to the Statutes or Regulations or any of them but no retrospective
effect shall be given to any Statute or Regulation so as to prejudicially affect the interests of any person to
whom such Statute or Regulation may be applicable.
24. Annual report: (1) The annual report of the University shall be prepared under the direction
of the Governing Board and shall be considered by the University at its annual meeting . The annual
report of the University shall also be presented to the session of the Council of Ministers of the SAARC.
(2) The annual report of the University shall be circulated to all the SAARC Member States
through the SAARC Secretariat.
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25. Audit of accounts: (1) The accounts of the University shall, once at least in every year and
at intervals of not more than fifteen months, be audited by any person or firm authorised by the Governing
Board.
(2) The accounts of the University shall be audited, as per existing norms as laid down by the
SAARC.
(3) The accounts, when audited shall be published, and a copy of the accounts together with the
audited report shall be submitted to the Secretary-General of the SAARC.
26. Conditions of service of employees: (1) Every employee of the University shall be
appointed under a written contract, which shall be lodged with the University and a copy of which shall be
furnished to the employee concerned.
(2) Any dispute arising out of the contract between the University and any employee shall be
referred to the Tribunal for Arbitration constituted for that purpose.
(3) The decision of the Tribunal shall be final and no suit shall lie in any court in respect of the
matters decided by the Tribunal.
(4) The procedure for regulating the work of the Tribunal under sub-section (2) shall be prescribed
by the Statutes.
27. Procedure of arbitration in disciplinary cases against students: Any dispute arising out of
any disciplinary action taken by the University against a student shall, at the request of such student, be
referred to a Tribunal for Arbitration and the provisions of sub-sections (2), (3) and (4) of section 26 shall
as far as may be apply to the reference made under this section.
28. Proceeding of University authorities or bodies not invalidated by vacancies: No act or
proceedings of the University or any of its authorities or bodies shall be invalid merely by reason of the
existence of a vacancy or vacancies among its members.
29. Protection of action taken in good faith: No suit or other legal proceeding shall lie against
the University, any of its officers or employees for anything which is in good faith done or intended to be
done in pursuance of any of the provisions of this Act.
30. Reference to SAARC Arbitration Council: All difference arising out of the interpretation or
application of the Agreement shall be referred to the SAARC Arbitration Council, unless in any case it is
agreed by the parties to have recourse to another mode of settlement.
31. Statutes and Regulations and bye-laws to be published in Official Gazette and to be
laid before Parliament: (1)The Statutes Regulations and bye-laws made under this Act shall be
published. in the Official Gazette.
(2) Every Statute,Regulation or bye-law made under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament.
32. Power to remove difficulties: (1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made under this section after the expiry of the period of
three years from the commencement of this Act.
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(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made,
before each House of Parliament.
THE SCHEDULE
(See section 3)
PROVISIONS OF THE AGREEMENT TO HAVE THE FORCE OF LAW
Article 1
Establishment of the South Asian University
1. There is hereby established an institution to be known as the South Asian University
(hereinafter referred to as the ''University'') which shall be a non-state ,non-profit self governing
international educational institution with a regional focus for the purposes set forth in this agreement and
shall have full academic freedom for the attainment of its objectives.
2. The main campus of the University shall be located in India.
3. The University shall have full legal Personality.
4. The legal capacity of the University shall, inter alia, include;
(a) the power to confer degrees, diplomas and certificates;
(b) the capacity to contract;
(c) to sue and be sued in its name;
(d) to acquire, hold and dispose of properties;
(e) to establish campuses and centres in the region; and
(f) to make rules, regulations and bye-laws for the operation of the University.
Article 2
Objectives and Functions of the South Asian University
The objectives and functions of the University shall, inter alia, include:
1. To create a world class institution of learning that will bring together the brightest and the most
dedicated students from all countries of South Asia irrespective of gender, caste, creed, disability ethnicity
or socio-economic background to impart to them liberal and humane education and to give them the
analytical tools needed for the pursuit of a profession and inculcate in them the qualities of leadership.
2. To build a South Asian community of learning where every student will be able to develop
her/his fullest intellectual potential and to create a South Asian community by strenthening regional
consciousness.
3. To impart education towards capacity building of the South Asian nations in the domain of
science, technology and other areas of higher learning vital for improving their quality of life.
4. To contribute to the promotion of regional peace and security by bringing together the future
leaders of South Asia, and enhancing their understanding of each others; perspectives.
5. To foster in the students sound civic sense and to train them to become useful citizens of
democratic societies.
Article 3
Funding
The University shall be non-profit public –private partnership, which will seek support from each of
the national Governments of member states and from other sources but will be autonomous and
accountable to its board of trustees/governors.
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Article 4
The Fiscal Status
1. The University and its campuses and centres shall be exempted. in the state where it is
located, from paying and from collecting all direct and indirect forms of taxes and duties for the
establishment and operations of the University.
2. The University shall enjoy treatment in relation to priorities rates and charges for utilities that
are not less favourable than that accorded to state owned enterprises and universities.
3. The University has the right to accept inter vivos as well as testmentary gifts. contributions, and
donations in cash or in kind for the objectives of the University. All such gifts and donations from any legal
or physical person are fully deductible without any limit against the income of such donor or contributor in
the respective Founding States.
4. Taxation and social protection of the citizens of the Founding States employed by the
University shall be regulated in accordance with the respective national legislation of the respective
States. The employees of the University from countries other than the host country will be governed by
the income-tax laws of the home countries and will not be taxed as per the laws of the host country.
Article 5
Governance Structure
1. The University shall be governed by a Governing Board composed of two members from each
member state and will be headed by a Chairperson. The Chairperson shall be elected from among the
members of the Governing Board.
2. Each member of the Governing Board shall serve office for a fixed term of three years and
shall not hold office for more than two consecutive terms. The members shall be selected from amongst
the distinguished persons from the region and shall be responsible for the overall policies and directions
of the University. The powers and functions of the Chairperson of the Governing Board and the role of the
Board shall be decided as per the rules and regulations of the University.
3. The University shall be headed by a President appointed by the Governing Board. The
appointment tenure, powers and functions shall be decided as per the rules and regulations of the
University.
4. The President shall also be the Chief Executive Officer (CEO) and an ex officio member of the
Governing Board. The President as the CEO of the University, will report to the Board and hold office at
the pleasure of the Board. He will be responsible for implementing the vision and the foundation
statement of the University ensuring the purpose and objectives of the University, upholding uniformly
high academic standards, and fulfilling the policy directives of the Board of the University.
5. The President as the Chief Executive officer of the University shall act under direction of the
Governing Board. The President shall be assisted by an Executive Council The President shall constitute
the Academic Council, different committees and appoint the principal officers of the University as per bye-
laws.
Article 6
Visa and Resident Permit
The Member states shall provide appropriate visas to the students. faculty and staff for travel in
all the SAARC Member States and grant necessary resident permit for students faculty and administrative
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staff to work in the University and its different campuses, centres and collaborative educational
institutions.
Article 7
Recognition of the Degrees
This Agreement shall facilitate the mutual recognition of degrees and certificates awarded by the
University in all the SAARC Member States at par with the degrees and certificates issued by their
respective national universities/institutions.
T.K. VISWANATHAN
Secy to the Govt. of India
¦.Dgï. 23
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gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ The Employees' state Insurance (Amendment) Ordinance, 2008 (No 7 of 2008)
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 3rd July, 2008/Ashadha 12, 1930 (saka)
THE EMPLOYEES STATE INSURANCE (AMENDMENT)
ORDINANCE 2008,
NO 7 OF 2008
Promulgated by the President in the Fifty-ninth Year of the Republic of India
An Ordinance further to amend the Employees'' State Insurance Act, 1948.
WHEREAS Parliament is not in session and the President is statisfied that circumstances exist
which render it necessary for her to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the
Constitution ,the President is pleased to promulgate the following Ordinance:
1. Short title and commencement: (1) This Ordinance may be called the Employees' State
Insurance (Amendment) Ordinance, 2008.
(2) It shall come into force at once.
2. Substitution of new Chapter for Chapter VA: In the Employees State Insurance, Act,
1948(34 of 1948) for Chapter, VA the following Chapter shall be substituted, namely
CHAPTER VA
SCHEME FOR OTHER BENEFICIARIES
73A. Definitions: In this Chapter –
(a)''other beneficiaries'' means persons other than the person insured under this Act;
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(b) ''Scheme'' means any Scheme framed by the Central Government from time to time under
section 73B for the medical facility for other beneficiaries;
(c) ''underutilised hospital'' means any hospital not fully utilised by the persons insured under this
Act;
(d) ''user charges'' means the amount which is to be charged from the other beneficiaries for
medical facilities as may be notified by the Corporation in consultation with the Central Government from
time to time.
73B. Power to frame Scheme: Notwithstanding anything contained in this Act, the Central
Government may, by notification in the Official Gazette, frame Scheme for other beneficiaries and the
members of their families providing medical facility in any hospital established by the Corporation in any
area which is underutilised hospital on payment of user charges.
73C. Collection of user charges: The user charges collected from the other beneficiaries shall
be deemed to be contribution and shall form part of the Employees' State Insurance Fund.
73D. Scheme for other beneficiaries : The Scheme may provide for all or any of the following
matters., namely:
(i) the other beneficiaries who may be covered under this Scheme;
(ii) the time and manner in which the medical facilities may be availed by the other beneficiaries;
(iii) the form in which the other beneficiary shall furnish particulars about himself and his family
whenever required as may be specified by the Corporation;
(iv) any other matter which is to be provided for in the scheme or which may be necessary or
proper for the purpose of lmplementing the Scheme.
73E. Power to amend Scheme: The Central Government may, by notification in the Official
Gazette, add to amend, vary or rescind the Scheme.
73F. Laying of Scheme framed under this Chapter: Every Scheme framed under this Chapter
shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session
for a total period of thirty days. which may be comprised in one session or in two or more successive
sessions, and if before, the expiry of the session immediately following the session or the successive
sessions aforesaid both Houses agree in making any modification in the Scheme or both Houses agree
that the Scheme should not be made, the Scheme shall thereafter have effect only in such modified form
or be of no effect, as the case may be ; so however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that Scheme;
PRATIBHA DEVISINGHPATIL,
President
K.D. SINGH
Secy to the Govt. of India
¦.Dgï. 72
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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 COLLECTION OF STATISTICS ACT 2008
NO 7 OF 2009
[7th January 2009]
An Act to facilitate the collection of statistics on economic, demographic, social scientific and
environmental aspects, and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement: (1) This Act may be called the Collection of Statistics
Act, 2008.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may by notification in the
Official Gazette, appoint.
2. Definitions: In this Act, unless the context otherwise requires,
(a) ''agency'' includes a person or persons engaged by the appropriate Government, directly or by
outsourcing for collection of statistics;
(b) ''appropriate Government'' means-
(i) any Ministry or Department in the Central Government; or
(ii) any Ministry or Department in a State Government or Union territory Administration ;or
(iii) any local government that is to say, Panchayats or Municipalities, as the case may be,
In relation to the collection of statistics under a direction issued by it under section 3;
(c) ''informant'' means any person, who supplies or is required to supply statistical information
and includes a owner or occupier or person in-charge or his authorised representative in respect of
persons or a firm registered under the Indian Partnership Act, 1932 (9 of 1932) or a co-operative society
registered under any Co-operative Societies Act or a company registered under the Companies Act, 1956
(1 of 1956) or a society registered under the Societies Registration Act, 1860 (21 of 1860) or any
association recognised or registered under any law for the time being in force;
(d) ''information schedule'' means any book.,document, form card tape, disc or any storage media
on which information required is entered or recorded or is required to be entered or recorded for statistical
purposes under this Act;
(e) ''prescribed'' means prescribed by rules made under this Act;
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(f) ''sampling'' means a statistical procedure by which information relating to a particular field of
inquiry is derived by applying statistical techniques to information obtained in respect of a proportion of
the total number of persons or units concerned relevant to the field of inquiry;
(g) ''statistical survey'' means a census or a survey, whereby information is collected from all the
informants in the field of inquiry or from a sample thereof by an appropriate Government under this Act or
any other relevant Act, wholly or primarily for the purposes of processing and summarising by appropriate
statistical procedures;
(h) ''statistics'' means statistics derived by collecting, classifying and using statistics specially in
or for large quantities or numbers by appropriate Government from statistical Administrative and
registration records, and other forms and papers, the statistical analysis of which are, whether in a
published or unpublished form;
(i) ''statistics officer'' means any officer appointed under section 4 for the purposes of any
direction issued under section 3 of this Act.
CHAPTER II
COLLECTION OF STATISTICS
3. Collection of statistics: The appropriate Government may, by notification in the Official
Gazette, direct that the statistics on economic, demographic, social, scientific and environmental aspects
shall be collected through a statistical survey or otherwise, and thereupon the provisions of this Act shall
apply in relation to those statistics;
Provided that-
(a) nothing contained in this section shall be deemed to authorise a State Government or Union
territory Administration or any local government to issue any direction with respect to the collection of
statistics relating to any matter falling under any of the entries specified in List I (Union List) in the
Seventh Schedule to the Constitution;or
(b) where the Central Government has issued any ……… under this section for the collection of
statistics relating to any matter, no state Government of Union territory Administration or any local
government shall except with the previous approval of the Central Government ,issue any similar direction
for so long as the collection of such statistics by the Central Government remain to be completed;or
(c) where a State Government or Union territory Administration or any local government has
issued a direction under this section for the collection of statistics relating to any matter the Central
Government shall not issue any similar direction for so long as the collection of such statistics by the State
Government remain to be completed, except in cases where such statistics have to be collected with
reference to two or more states or Union territories.
4. Powers of appropriate Government to appoint statistics officer etc: (1) The appropriate
Government may appoint or cause to appoint an officer to be the statistics officer for any geographical
unit for the purpose of collecting any statistics directed by it.
(2) The appropriate Government may appoint any agency or persons working in such agencies to
take, or aid in , or supervise the collection of the statistics within any specified geographical unit and such
agencies or persons, when so appointed, shall be bound to serve accordingly.
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(3) The appropriate Government may employ on contract basis any agency or company or
organisation or association or person, on such terms and conditions and on such safeguards as may be
prescribed for the purpose of collecting the statistics directed by it.
(4) The appropriate Government may delegate to any statistics officer, as it thinks, fit, the power
of appointing agencies or persons working in such agencies or employing on contract basis any agency or
company or organisation or association of persons, conferred on it by sub-sections (2) and (3) within the
geographical unit for which such statistics officer is appointed.
(5) The appropriate Government may by order specify the form, the particulars required or the
interval within which and the statistics officer to whom, the statistical information by the informants shall
be furnished.
(6) The appropriate Government may, by order published in the Official Gazette, delegate to any
statistics officer, as it thinks fit, any power conferred under sub-section (5) for the purpose of the collection
of statistics under a direction issued by it under section 3.
5. Power of statistics officer to call for information: The statistics officer may, for the purpose
of collection of statistics on any specified subject in any geographical unit for which the said officer was
appointed-
(a) serve or cause to be served on any informant a notice in writing asking himto furnish the
information specified under sub-section (5) of section 4 or cause a information schedule to be given to
any informant for the purpose of its being filled up;or
(b) cause all questions relating to the subject to be asked from any informant;
or
(c) seek information through tele tax or telephone or e-mail or in any other electronic mode or in a
combination of different modes for different sets of information so specified
6. Duty of informants: The informants who are asked to furnish any information under the
provisions of this Act shall be bound to furnish the information so asked in the prescribed manner to the
best of knowledge or belief, and in cases where only a portion of a particular class or group of persons or
units is asked to furnish information because of any sampling procedure, it shall not be a defence in
failure on the part of any informant to furnish that information , if so asked.
7. All agencies to assist: Every agency shall render such help and assistance and furnish such
information to the statistics officer or a person or an agency authorised by him in writing, as he may
require for the discharge of his functions, and shall make available for inspection and examination of such
records, plans and other documents as may be necessary.
8. Right of access to records or documents: The statistics officer or any person authorised by
him in writing in this behalf shall, for the purposes of collection of any statistics under this Act, have
access to any relevant record or document in the possession of any informant required to furnish any
information under this Act, and may enter at any reasonable time any premises where he believes such
record or document is kept and may inspect or take copies of relevant records or documents or ask any
question necessary for obtaining any information required to be furnished under this Act.
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CHAPTER III
DISCLOSURE OF INFORMATION IN CERTAIN CASES AND RESTRICTIONS OF THEIR USE
9. Security of information: (1) Any information furnished to the statistics officer or to any person
or agencies authorised under this Act shall only be used for statistical purposes.
(2) No person other than a person engaged in the work of collection of statistics under this Act or
preparation of statistics resultant to such collection shall be permitted to see any information schedule or
any answer to a question asked, except for the purposes of a prosecution under this Act.
(3) No information contained in any information schedule and no answer to any question asked
shall, except for the purposes of a prosecution under this Act, be separately published, or disclosed
without suppressing the identification of informants to any agency.
(4) All statistical information published by any agency shall be arranged in such a manner so as to
prevent any particulars becoming identifiable by any person (other than the informant by whom those
particulars were supplied) as the particulars relating to the informant who supplied, it even through the
process of elimination, unless-
(a) that informant has consented to their publication in that manner;or
(b) their publication in that manner could not reasonably have been foreseen by the concerned
agency or any employee thereof.
(5) For the purposes of sub-section (4), the Central Government may make such rules or make
such arrangement as it may consider necessary.
10. Appropriate Government authorised to disclose certain information: Notwithstanding
the provisions contained in section 9 of this Act, the appropriate Government may disclose the following
information, namely:
(a) information supplied by informant in respect of which disclosure is consented to in writing by
the informant or by any person authorised by the said informant;
(b) information otherwise available to the public under any Act or as a public document;
(c) information in the form of an index or list of the names and addresses of informants together
with the classification, if any, allotted to them and the number of persons engaged.
11. Disclosure of information schedules for bona fide research or statistical purposes:
Notwithstanding the provisions contained in section 9 of this, Act, the appropriate Government may
disclose individual returns or formats or information schedules to other agency or person or institutions or
universities solely for bona fide research or statistical purposes pursuant to their functions and duties.
(2) No individual return or information schedule shall be disclosed pursuant to this section unless.
(a) the name and address of the informant by whom the schedule or related information was
supplied is deleted;
(b) every agency or person or institutions or Universities involved in the research or statistical
project makes a declaration to use the schedules disclosed to them only for bond fide research or
statistical purposes; and
(c) the appropriate Government, making such disclosure is satisfied that the security of the
schedules and any information contained therein shall not be impaired.
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(3) The published results of any research or statistical project shall not divulge any more
information than what the agency authorised for collection of statistics could publish under this Act.
(4) Every agency or person or institutions or universities to whom any individual return or
information schedule is disclosed under this section shall comply with directions given by the agency
authorised for collection of statistics making the disclosure relating to the schedules and any information
contained therein.
12. Disclosure of historical documents: Notwithstanding anything contained in section 9 of this
Act, the appropriate Government may release such documents relating to information schedules, which in
its opinion have attained historical importance.
13. Security of recorded information: The statistics officer or any person or agency authorised
for collection of statistics shall, while copying or recording any statistical information collected pursuant to
this Act from individual returns, information schedules, worksheets or any other confidential source by
means of cards tapes, discs, film or any other method whether using encoded or plain language symbols
for processing, storage or reproduction of particulars, take and cause to take such steps as are
necessary to ensure that the security provisions of this Act are complied with.
14. Restrictions on use of information: Save as otherwise provided under this Act,-
(a) no information obtained pursuant to this Act and no copy of the information in the possession
of any informant shall be disclosed or used as evidence in any proceedings whatsoever;and
(b) no person who has access to any information because of his official position in the collection
of any statistics shall be completted in any proceedings whatsoever to give oral testimony regarding the
information or to produce any schedule document or record with respect to any information obtained in
the course of administering this Act,
Except in the manner provided under this Act.
CHAPTER IV
OFFENCES AND PENALTIES
15. Penalty for neglect or refusal to supply particulars: (1) Whoever, fails to produce any
books of accounts vouchers, documents or other business records or whoever neglects or refuses to fill in
and supply the particulars required in any information schedule or return given or sent to him or whoever
neglects or refuses to answer any question or inquiry addressed to him as may be required under or for
the purposes of any provision of this Act and the rules made thereunder, shall be punishable with a fine
which may extend to one thousand rupees or in the case of a company, with a fine which may extend to
five thousand rupees.
(2) The conviction of a person or company for an offence shall not relieve him or it of the
obligations under sub-section (1) and if after the expiry of fourteen days from the date of conviction, he or
it still fails to give the required particulars or continues to neglect or refuses to fill in and supply the
particulars or to answer the question or inquiry, then he or it shall be punishable with a further fine which
may extend to one thousand rupees, or in the case of a company, with a fine which extend to five
thousand rupees, for each day after the first during which the failure continues.
16. Penalty for making false statement: Whoever, wilfully makes any false or misleading
statement or material omission in any information schedule or return filled in or supplied or in answer to
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any question asked to him under this Act or the rules made thereunder, shall be punishable with simple
imprisonment for a term which may extend to six months or with a fine which may extend to one thousand
rupees or in the case of a company, with a fine which may extend to five thousand rupees or with both.
17. Penalty for mutilation or defacement of information schedule: Whoever, destroys,
defaces, removes or mutilates any information schedule, form , or other document containing particulars
collected under this Act or requesting any such particulars, shall be punishable with simple imprisonment
for a term which may extend to six months or with a fine which may extend to two thousand rupees or in
the case of a company with a fine which may extend to ten thousand rupees or with both.
18. Penalty for obstruction of employees: Whoever, interferes with,. hinders, or obstructs any
employee in the exercise of any power or duty conferred by this Act, shall be punishable with simple
imprisonment for a term which may extend to six months or with a fine which may extend to two thousand
rupees or in the case of a company with a fine which may extend to ten thousand rupees or with both.
19. Penalty for other offences: Whoever-
(a) acts in contravention of or fails to comply with any provision of this Act or any requirement
imposed under this Act; or
(b) wilfully deceives or attempts to deceive any statistics officer or any agency or any employee
thereof.
Shall be punishable with simple imprisonment for a term which may extend to six months or with
a fine which may extend to two thousand rupees or ,in the case of a company, with a fine which may
extend to ten thousand rupees or with both.
20. Penalty for failure to carry out duties and functions by employees: If any person
employed in the execution of any duty or functions under this Act,
(a) omits without lawful excuse to cary out his duty, or knowlngly makes any false declaration,
statement or return;or
(b) pretends performance of his duties or obtains or seeks to obtain information which he is not
authorised to obtain; or
(c) fails to keep inviolate the secrecy of the information gathered or entered in the information
schedules collected pursuant to this Act and except as permitted under this Act, divulges the contents of
any schedule filled in or any information furnished by any informant under this Act,
Shall be punishable with simple imprisonment for a term which may extend to six months or with
a fine which may extend to two thousand rupees in the case of a company, with a fine which may extend
to ten thousand rupees or with both.
21. Penalty for impersonation of employee: Whoever, not being authorised to collect statistics
under the provisions of this Act, by words, conduct or demeanor pretends that he is authorised to do so,
shall be punishable with simple imprisonment for a term which may extend to six months or with a fine
which may extend to two thousand rupees or , in the case of a company, with a fine which may extend to
ten thousand rupees or with both.
22. General penalty: Whoever commits an offence under this Act for which no penalty is
prescribed elsewhere than in this section shall be punishable with simple imprisonment for a term which
may extend to six months or with a fine which may extend to two thousand rupees or in the case of a
company, with a fine which may extend to ten thousand rupees or with both.
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23. Offences by companies: (1) Where an offence under this Act has been committed by a
company, every person who at the time the offence was committed was in charge of and was responsible
to, the company for the conduct of the business of the company as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this Sub-section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence was committed without his knowledge or
that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has
been committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any, neglect on the part of any director, manager, secretary or other
officer of the company, such director, manager , secretary or other officer shall also be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Explanation: For the purpose of this section-
(a) ''company'' means any body corporate and includes a firm or other association of
individuals;and
(b) ''Director'' in relation to a firm means a partner in the firm.
24. Cognizance of offences: No court shall take cognizance of any offence under this Act
except on a complaint made by the appropriate Government or an officer authorised in this behalf by such
appropriate Government or, as the case may be, the statistics officer, and no court inferior to that of a
Metropolitan magistrate or a Judicial Magistrate of the first class shall try any offence punishable under
this Act.
25. Sanction for prosecution for offence: No prosecution for an offence committed by any
informant shall be instituted except by or with the sanction of the statistics officer and no prosecution for
an offence committed by persons other than informants shall be instituted except by or with the consent of
the appropriate Government.
26. Power of court to try cases summarily: Notwithstanding anything contained in the Code of
Criminal Procedure 1973,(2 of 1974) a all offences under this Act shall be tried in a summary way by a
judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to
265 (both inclusive) of the said code shall, as far as may be, apply to such trial:
Provided that when in the course of a summary trial under this section it appears to the
Magistrate that the nature of the case is such that it is, for any reason, undesrirable to try the case
summarily the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall
any witness who may have been examined and proceed to hear or rehear the case in the manner
provided by the said Code.
CHAPTER V
POWER IN RESPECT OF CORE STATISTICS
27. Power in respect of core statistics: Without prejudice to the provisions contained in this
Act, the Central Government may by notification in the Official Gazette declare from time to time any
subject for the collection of statistics of national importance as 'core statistics' and make such
arrangement, as it may consider necessary, for regulating the collection and dissemination of statistics on
the subject so declared.
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CHAPTER VI
MISCELLANEOUS
28. Power to give directions: The Central Government may give directions to any State
Government or Union territory Administration or to any local government that is to say Panchayats or
Municipalities, as to the carrying into execution of this Act in the State or Union territory or panchayats, or
Municipalities, as the case may be.
29. Public servants: Any statistics officer and any person authorised for the collection of
statistics or preparation of official statistics under the provisions of this Act shall be deemed to be a Public
servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
30. Bar of jurisdiction: No civil court shall have jurisdiction to entertain any suit or proceeding in
respect of any matter which the appropriate Government or the statistics officer or the agency is
empowered by or under this Act to determine, and no injunction shall be granted by any court or other
authority in respect of any action taken or to be taken in pursuance of any power conferred by or under
this Act.
31. Protection of action taken in good faith: No suit or other legal proceedings shall lie against
the appropriate Government or agency or any statistics officer or other officers or employees in respect of
anything which is in good faith done or intended to be done in pursuance of this Act or the rules or
directions issued thereunder.
32. Overriding effect: The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force except in relation to the
conduct of human population census as per the directions, if any, issued under the Census Act, 1948 (37
of 1948).
33. Power to make rules: (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central
Government may make rules under this section for all or any of the following matters, namely:
(a) principals for coordinating as effectively as possible to achieve the objectives of section 3
including nomination and registration of statistics officers by the Central Government and also to avoid
unnecessary duplication in the collection of statistics.
(b) the terms, conditions and safeguards under which any person or agency or company or
organisation or association may be engaged by the appropriate Government for the purpose of collection
of statistics under sub-section (3) of section4;
(c) principles for prescribing the form and manner in which the information may be required to be
furnished;
(d) principles for prescribing the manner in which the right of access to documents and the right of
entry conferred by section 8 may be exercised; and
(e) any other matter which is to be or may be prescribed under this Act.
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(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament while it is in session for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if before the expiry of
the session immediately following the session or the successive sessions aforesaid both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be;so however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule,.
34. Repeal and savings: (1) The Collection of Statistics Act, 1953 (32 of 1953) is hereby
repealed.,
(2) Notwithstanding such repeal anything done or any action taken under the said Act shall be
deemed to have been done or taken under the corresponding provisions of this Act.
(3) All rules made under the said Act shall continue to be in force and operate till new rules are
made under this Act.
T.K. VISWANATHAN,
Secy:to the Govt. of India
¦.Dgï. 22
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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 HIGH COURT AND SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE)
AMENDMENT ACT 2009
NO. 23 OF 2009
[16th March, 2009]
An Act further to amend the High Court Judges (Salaries and Conditions of Service )Act, 1954
and the Supreme Court, Judges (salaries and Conditions of Service )Act, 1958.
BE it enacted by Parliament in the Sixtieth year of the Republic of India as follows:
CHAPTER I
Preliminary
1. Short title and commencement: (1) This Act may be called the High Court and Supreme
Court Judges (Salaries and Conditions of services) Amendment Act, 2009
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(2) Sections 2,3,4,7,8,9,10 and 13 shall be deemed to have come into force on the 1st day of
January 2006 and the remaining provisions of this Act shall be deemed to have come into force on the 1st
day of September, 2008.
CHAPTER II
AMENDMENT OF THE HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE )ACT,
1954
2. Amendment of section 13A: In the High Court Judges (Salaries and Conditions of Service)
Act, 1954 (28 of 1954) (hereinafter referred to as the High Court judges Act), in section 13A-.
(a) in sub-section (1), for the words ''thirty thousand rupees per mensem'' the words ''ninety
thousand rupees per mensem'' shall be substituted;
(b) in sub-section (2), for the words ''twenty-six thousand rupees per mensem'' the words ''eighty
thousand rupees per mensem'' shall be substituted.
3. Amendment of section 17A: In section 17A the High Court Judges Act, in sub-section (1),-
(a) the words ''plus fifty per cent of his dearness pay'' shall be omitted;
(b) the words ''plus thirty percent of his dearness pay subject to a minimum of one thousand nine
hundred and thirteen rupees per month' 'shall be omitted;
4. Insertion of new section 17B: After section 17A of the High Court Judges Act the following
section shall be inserted, namely:
''17B. Additional quantum of pension or family pension: Every retired Judge or after his
death, the family, as the case may be shall be entitled to an additional quantum of pension or family
pension in accordance with the following scale:
Age of Pensioner or Family Pensioner
Additional quantum of pension or family pension
From eighty years to less than eighty-five years
Twenty per cent of basic pension or family pension
From eighty-five years to less than ninety years
Thirty percent of basic pension or family pension
From ninety years to less than ninety- five years
Forty percent of basic pension or family pension
From ninety- five years to less than hundred
years
Fifty percent of basic pension or family pension
From hundred years or more
Hundred percent of basic pension or family pension''
5. Amendment of section 22A: In section 22A of the High Court Judges Act, in sub-section (2),
the words ''plus thirty per cent of the dearness pay'' shall be omitted.
6. Amendment of section 22C: In the High Court Judges Act, for section 22C, the following
section shall be substituted, namely:
''22C. Sumptuary allowance: The Chief Justice and each of the other Judges of every High
Court shall be entitled to a sumptuary allowance of fifteen thousand rupees per month and twelve
thousand rupees per month respectively''.
7. Amendment of First Schedule: In the First Schedule to the High Court judges Act-
(a) in Part I-.
(i) in paragraph2,-
(A) in clause (a), for the letters and figures ''Rs 21,945'' letters and figures ''Rs 43, 890'' shall
be substituted;
(B) in clause (b), for the letters and figures ''Rs 16,725'' the letters and figures ''Rs 34, 350'
'shall be substituted;
(C) in the proviso, for the letters and figures ''Rs 2,70.,000'' and ''Rs 2,34,000'' the letters and
figures ''Rs 5,40,000'' and; ''Rs 4,80,000'' shall, respectively, be substituted;
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(ii) in paragraph 8, for the letters and figures ''Rs 2,70, 000'' the letters and figures'' Rs 5,40,000,
shall be substituted;
(iii) in paragraph 9 for the letters and figures ''Rs 76, 785'', the letters and figures ''Rs 1,57,670'
'shall be substituted;
(b) in part II-,
(i) in the proviso to paragraph 2, for the letters and figures ''Rs 2,70, 000'' and ''Rs 2,34,000'' the
letters and figures ''Rs 5,40,000'' and ''Rs 4,80,000' 'shall respectively, be substituted;
(ii) in paragraph 3, for the figures ''16,898'', ''20,280'', ''23,649'', ''27,033'', ''30,420'', and ''33,799''
the figures ''34,696'', ''41,642'', ''48,559'' ''55,508'', ''62,462'', and 69, 402'' shall respectively , be
substituted;
(c) in part III, in paragraph 2-
(A) in clause (b), for the letters and figures ''Rs. 7,800'' the letters and figures ''Rs, 16,020'' shall
be substituted;
(B) In the proviso, for the letters and figures ''Rs 2,70,000'' and ''Rs 2,34,000'' the letters and
figures ''Rs, 5,40,000'' and ''Rs 4,80,000'' shall respectively be substituted.
CHAPTER III
AMENDMENT OF THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE)
ACT ,1958
8. Amendment of section 12A: In the Supreme Court judges (Salaries and Conditions of
Service) Act, 1958 (41 of 1958) (hereinafter referred to as the Supreme Court Judges Act), in section
12A,-
(a) in sub-section (1), for the words ''thirty –three thousand rupees per mensem'' the words ''one
lakh rupees per mensem'' shall be substituted;
(b) in sub-section (2), for the words ''thirty thousand rupees per mensem'' the words ''ninety
thousand rupees per mensem'' shall be substituted.
9. Amendment of section 16A: In section 16A of the Supreme Court Judges Act, in sub-section
(1)-
(i) in clause (a), the words ''plus fifty per cent of his dearness pay' 'and ''plus thirty per cent of his
dearness pay' 'shall be omitted;
(ii) in clause (b), the words ''plus thirty per cent of his dearness pay' 'shall be omitted.
10. Insertion of new section 16B: After section 16A of the Supreme Court Judges Act, the
following section shall be inserted, namely:
''16B. Additional quantum of pension or family pension: Every retired Judge or after his
death, the family, as the case may be, shall be entitled to an additional quantum of pension or family
pension in accordance with the following scale
Age of Pensioner or Family Pensioner
Additional quantum of pension or family
pension
From eighty years to less than eighty-five years
Twenty percent of basic pension or family pension
From eighty-five years to less than ninety years
Thirty per cent of basic pension or family pension
From ninety year to less than ninety-five years
Forty per cent, of basic pension or family pension
From ninety-five years to less than hundred
years
Fifty per cent of basic pension of family pension
From hundred years or more
Hundred percent of basic pension or family
pension'',
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11. Amendment of section 23 : In section 23 of the Supreme Court Judges Act, in sub-section
(1A) the words ''plus thirty per cent of the dearness pay, shall be omitted.
12. Amendment of section 23B: In section 23B of the Supreme Court judges Act, for the words
''ten thousand'' and ''seven thousand five hundred'' the words ''twenty thousand'' and ''fifteen thousand''
shall, respectively be substituted.
13 .Amendment of Schedule: In the Schedule to the Supreme Court Judges Act-
(a) in Part I-.
(i) in paragraph 2,-
(A) in clause (b), for the letters and figures ''Rs 6,030'' ''Rs 1,82,820'' and ''Rs 15,360'' the
letters and figures ''Rs 12,180'' ''Rs 3,69,300'' and ''Rs 31,030'' shall respectively, be substituted;
(B) in the proviso, for the letters and figures ''Rs 2,97,000'' the letters and figures ''Rs 6,00,000
shall be substituted;
(ii) in the proviso to paragraph, 3, for the letters and figures ''Rs 2,70,000'' the letters and
figures' 'Rs 5,40,000'' shall be substituted;
(b) in Part II in paragraph 2, in clause (b), for the letters and figures ''Rs 16,898'' the letters
and figures ''Rs 33,795' 'shall be substituted;
(c) in part III, in paragraph 2-
(A) in clause (b), for the letters and figures ''Rs. 7,800'' the letters and figures ''Rs, 16,020'' shall
be substituted;
(B) in the proviso, for the letters and figures ''Rs 2,97,000'' and ''Rs 2,70,000'' the letters and
figures ''Rs, 6,00,000'' and ''Rs 5,40,000'' shall respectively be substituted
CHAPTER IV
TRANSITIONAL PROVISION
14. Arrears: The difference of salary, pension and family pension payable to a Judge of High
Court or to his family, as the case may be under the High Court Judges Act or a Judge of the Supreme
Court or his family, as the case may be, under the Supreme Court Judges Act as amended by this Act
and the salary pension or family pension payable to such Judge or his family, as the case may be ,but for
this Act shall be paid in two instalments, the first instalment of forty per cent to be paid during the current
financial year 2008-09 and the remaining sixty percent to be paid in the financial year 2009-10.
15. Repeal and saving: (1) The High Court and Supreme Court Judges (Salaries and Conditions
of Service) Amendment Ordinance, 2009 (Ord 1 of 2009) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the High Court Judges
(Salaries and Conditions of Services) Act, 1954 (28 of 1954) and the Supreme Court Judges (Salaries
and Conditions of Service) Act, 1958 (41 of 1958) as amended by the said Ordinance shall be deemed to
have been done or taken under the High Court, judges (Salaries and Conditions of Service )Act, 1954 and
the Supreme Court Judges (Salaries and Conditions of service) Act, 1958 as amended by this Act
T.K. VISWANATHAN,
Secy:to the Govt. of India
¦.Dgï. 34
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