(1)

KA / BG-GPO / 2515 / WPP-47 / 2009-2011

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

¸ÁªÀiÁ£Àå ±Á¸À£À§zÀÞ ¤AiÀĪÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À§zÀÞ DzÉñÀUÀ¼ÀÄ ªÀÄvÀÄÛ

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DzÉñÀUÀ¼ÀÄ.

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C¢ü¸ÀÆZÀ£É

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2009£Éà ¸Á°£À ¸É¥ÉÖA§gï 24£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉn£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï

3(i)gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ G.S.R 700 (E) (Notification No. F.No. 5(271)/ 2000-NC dated 24.9.2009

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MINISTRY OF LAW AND JUSTICE

(Department of Legal Affairs)

NOTIFICATION

New Delhi, the 24^th September, 2009

G.S.R 700 (E):- In exercise of the powers conferred by section 15 of the Notaries Act, 1952 (53 of

1952) the Central Government hereby makes the following rules further to amend the Notaries Rules,

1956, namely:-

1. (1) These Rules may be called the Notaries (Second Amendment) Rules, 2009.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In rule 4 of the Notaries Rules, 1956 (hereinafter referred to as the said rules), after sub-rule (2),

the following sub-rule shall be inserted namely:-

“2A. A person applying in Form II for appointment as a notary may submit the memorial direct to

the Competent Authority of the Appropriate Government”,

3. In rule 7A of the said rules, for sub-rule (2), the following shall be substituted, namely:-

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀĪÁgÀ, ¥sɧæªÀj 11, 2010

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2

“2 For the said purpose, one or more Interview Boards shall be constituted by the appropriate

Government from amongst its officers dealing with legal matters and the Chairperson of every Interview

Board shall be an officer not below the rank of Joint Secretary or Law Officer of that Government”,

4. In FORM IIB appended to the said rules, for the words and brackets” Joint Secretary to the

Government of India/Secretary to the Government of ……..(Name of the State)” the words and brackets

“Additional Secretary to the Government of India/Secretary to the Government of ………………………..

(Name of the State)” shall be substituted.

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

D.R. MEENA, Addl. Secy.

Note: The principal Rules were published in the Gazette of India, Part II ,section 3, Sub-section (i)

vide number SRO 324 dated the 14^th February, 1956 and subsequently amended by GSR 370 (E) dated

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

GSR 262 (E) dated the 28^th March, 2000, GSR 630 (E) dated the 21^st July, 2000: GSR 172 (E) dated the

12^th March, 2001; GSR 330 (E) dated the 9^th May, 2001, GSR 460 (E) dated the 25^th june 2001; GSR 467

(E) dated the 9^th June, 2003; GSR 296(E) dated the 19^th May, 2006; GSR 441 (E) dated the 24^th July,

2006, GSR 501 (E) dated the 24^th August, 2006 GSR 73 (E) dated the 9^th February, 2007; GSR 86 (E)

dated the 14^th February, 2007;GSR 319 (E) dated the 1^st May 2007 read with GSR 330 (E) dated the 8^th

May, 2007; GSR 686 (E) dated the 31^st October, 2007 GSR 51 (E) dated the 23^rd January, 2008 ;GSR

636 (E) dated the 3^rd September, 2008; GSR 764 (E) dated the 3^rd November, 2008 GSR 114(E) dated

the 24^th February, 2009.

¦.Dgï. 66

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Dgï. DAf¤

¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ

¸ÀPÁðgÀzÀ C¢üãÀ PÁAiÀÄðzÀ²ð,

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

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

C¢ü¸ÀÆZÀ£É

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

3(ii)gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ (1)S.O. 2625(E)(Notification No. F.No. K-14011/40/.2003-MRTS/Metro (2)

S.O. 2626 (E) (Notification No.F. No. K-14011/40/2003-MRTS/Metro UÀ¼À£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV

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

MINISTRY OF URBAN DEVELOPMENT

(METRO RAIL CELL)

NOTIFICATION

New Delhi, the 16^th October, 2009

S.O. 2625(E) :- In exercise of the powers conferred by sub-section (3) of section 1 of the Metro

Railways (Construction of Works )Act, 1978 (33 of 1978), the Central Government, after consultation with

the concerned State Government, hereby declare that the provisions of the said Act shall extend to the

¨sÁUÀ - 4

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3

areas as specified in the Table below with effect from the date of publication of this notification in the

Official Gazette of India, namely:-

TABLE

Name of region or metropolitan area

Name of State

National Capital Region

National Capital

Territory-Delhi, Haryana,

Rajasthan and Uttar Pradesh

Bangalore

Karnataka

Mumbai

Maharashtra

Chennai

Tamil Nadu

[F.No. K-14011/40/2003-MRTS/Metro]

BIMAL KUJUR Under Secy.

NOTIFICATION

New Delhi the 16^th October, 2009

S.O. 2626(E):- In exercise of the powers conferred by sub-section (2) of section 1 of the Metro

Railways (Operation and maintenance) Act, 2002 (60 of 2002), the Central Government after consultation

with the concerned State Government, hereby declare that the provisions of the said Act shall extend to

the metropolitan areas as specified in the Table below with effect from the date of publication of this

notification in the Official Gazette of India, namely:-

Table

Name of metropolitan area

Name of State

Bangalore

Karnataka

Mumbai

Maharashtra

Chennai

Tamil Nadu

[F.No. K-14011/40/2003-MRTS/Metro]

BIMAL KUJUR Under Secy.

¦.Dgï. 67

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Dgï. DAf¤

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¸ÀPÁðgÀzÀ C¢üãÀ PÁAiÀÄðzÀ²ð,

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

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

C¢ü¸ÀÆZÀ£É ¸ÀASÉå: ¸ÀAªÀå±ÁE 30 PÉä¥Àæ 2009, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 4£Éà d£ÀªÀj, 2010

2009£Éà ¸Á°£À £ÀªÉA§gï 25£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉn£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï

3(i)gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ G.S.R 843 (E) (Notification No. F.No. 5(187)/ 2003-NC ¢£ÁAPÀ: 25.11.2009

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

MINISTRY OF LAW AND JUSTICE

(Department of Legal Affairs)

NOTIFICATION

New Delhi, the 25^th November, 2009

G.S.R 843 (E):- In exercise of the powers conferred by section 15 of the Notaries Act, 1952 (53 of

1952) the Central Government hereby makes the following rules further to amend the Notaries Rules,

1956, namely:-

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4

1. (1) These Rules may be called the Notaries (Third Amendment) Rules, 2009.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Notaries Rules, 1956 in Form IIB appended thereto, for the words and brackets

“Additional Secretary to the Government of India/Secretary to the Government of …….. (Name of the

State)” the words and brackets “Competent Authority (Notaries), Government of India/Secretary to the

Government of …………………. (Name of the state)” shall be substituted.

[F.No. 5(187)/2003-NC]

SATISH CHANDRA, Jt. Secy.

Note: The principal Rules were published in the Gazette of India, Part II ,section 3, Sub-section (i)

vide number SRO 324 dated the 14^th February, 1956 and subsequently amended by GSR 370 (E) dated

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

GSR 262 (E) dated the 28^th March, 2000, GSR 630 (E) dated the 21^st July, 2000: GSR 172 (E) dated the

12^th March, 2001; GSR 330 (E) dated the 9^th May, 2001, GSR 460 (E) dated the 25^th June 2001; GSR 467

(E) dated the 9^th June, 2003; GSR 296(E) dated the 19^th May, 2006; GSR 441 (E) dated the 24^th July,

2009, GSR 501 (E) dated the 24^th August, 2006 GSR 73 (E) dated the 9^th February, 2007; GSR 86 (E)

dated the 14^th February, 2007;GSR 319 (E) dated the 1^st May 2007 read with GSR 330 (E) dated the 8^th

May, 2007; GSR 686 (E) dated the 31^st October, 2007 GSR 51 (E) dated the 23^rd January, 2008 ;GSR

636 (E) dated the 3^rd September, 2008; GSR 764 (E) dated the 3^rd November, 2008 GSR 114(E) dated

the 24^th February, 2009. and G.S.R 700(E) dated the 24^th September, 2009.

¦.Dgï. 1

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Dgï. DAf¤

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¸ÀPÁðgÀzÀ C¢üãÀ PÁAiÀÄðzÀ²ð,

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

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

C¢ü¸ÀÆZÀ£É

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2009£Éà ¸Á°£À CPÉÆÖçgï 20£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉn£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 1

gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ The Central Universities (Amendment) Ordinance, 2009 (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 20^th October, 2009/Asvina 28, 1931 (Saka)

THE CENTRAL UNIVERSITIES (AMENDMENT) ORDINANCE, 2009

No 8 OF 2009

Promulgated by the President in the Sixtieth Year of the Republic of India

An Ordinance to amend the Central Universities Act, 2009

WHEREAS Parliament is not in session and the President is satisfied that circumstances exist

which render it necessary for her to take immediate action.

¨sÁUÀ - 4

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5

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 Central Universities

(Amendment) Ordinance, 2009

(2) It shall come into force at once.

2. Insertion of section 3A: After section 3 of the Central Universities Act, 2009 (25 of 2009)

(hereinafter referred to as the principal Act), the following section shall be inserted, namely:

“3A. Special provision with respect to the State of Jammu and Kashmir: (1) The Central

University of Jammu and Kashmir established under sub-section (4) of section 3 shall be known as the

Central University of Kashmir, and its territorial jurisdiction shall be limited to the Kashmir Division of the

State of Jammu and Kashmir.

(2) There shall be established a university, which shall be a body corporate, to be known as the

Central University of Jammu having its territorial jurisdiction extending to the Jammu Division of the State

of Jammu and Kashmir.

(3) All assets and liabilities of the Central University of Jammu and Kashmir in respect of the

territory of Jammu Division of the State of Jammu and Kashmir shall stand transferred to be the assets

and liabilities of the Central University of Jammu.

(4) Anything done or any action taken by the University of Jammu and Kashmir in respect of the

territory of Jammu Division of the State of Jammu and Kashmir shall be deemed to have been done or

taken by the Central University of Jammu.

(5) Any suit or legal proceedings instituted or continued by or against the Central University of

Jammu and Kashmir in respect of the territory of Jammu Division of the State of Jammu and Kashmir

shall be deemed to be instituted or continued by or against of the Central University of Jammu”

3. Amendment of the First Schedule to the principal Act: In the First Schedule to the principal

Act, for serial number 5 and the corresponding entries against, it the following serial numbers and entries

and shall be substituted, namely:

Serial

No.

Name of the State

Name of the University

Territorial jurisdiction

“5

Jammu and Kashmir

Central

University

of

Kashmir

Kashmir Division of the

State

of

Jammu

and

Kashmir

5A

Jammu and Kashmir

Central

University

of

Jammu

Jammu Division of the

State

of

Jammu

and

Kashmir”

PRATIBHA DEVISINGH PATIL,

President

V.K. BHASIN,

Secy. To the Govt. of India

¦.Dgï. 2

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6

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

C¢ü¸ÀÆZÀ£É

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2009£Éà ¸Á°£À r¸ÉA§gï 22£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉn£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï

(i)gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ The Essential Commodities (Amendment and Validation) Act, 2009 (Act No.

36 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 22^nd December, 2009/Pausa 1, 1931 (Saka)

The following Act of Parliament received the assent of the President on the 22^nd December, 2009,

and is hereby published for general information:-

THE ESSENTIAL COMMODITIES (AMENDMENT AND VALIDATION), ACT, 2009

No. 36 OF 2009

[22^nd December, 2009]

An Act further to amend the Essential Commodities Act, 1955 and to make Provisions for

validation of certain orders issued by the Central Government determining the price of levy sugar and

actions taken under those orders and for matters connected therewith.

WHEREAS a Bench of three Judges of the Hon’ble Supreme Court in the case of Modi Industries

Ltd., and Another versus Union of India and Others on the 20^th February, 1996 reported in (1999) 9 SCC

245, accepted the statement made on behalf of the Union of India that while determining the minimum

cane price of levy sugar, regard had been given only to the minimum cane price referred to in section 3

(3C) of the Essential Commodities Act, 1955 and that the additional cane price payable under clause 5A

of the Sugarcane (Control) Order, 1966 had not been taken into account and held that the case was not

covered by the decision of the Supreme Court dated:22.9.1993 in Shri Malaprabha Coop. Sugar Factory

Ltd., versus Union of India [(1994)1 SCC 648 Malaprabha(1)];

AND WHEREAS subsequently the decision of a Bench of three Judges of the Supreme Court

dated 28.1.1997 in the case of Shri Malaprabha Coop Sugar Factory Ltd., versus Union of India

(Malaprabha2) (1997) 10 SCC 216 held that the decision in Modi Industries’ case did not have any

bearing on the fixation of price of levy sugar for the year 1975-1976 to 1979-1980.

AND WHEREAS the decision of the Bench of three Judges in Modi Industries Ltd., and Another

versus Union of India and others was followed in the case of Bharat Sugar Mills Ltd., and another versus

Union of India, (decided on 19^th August, 1998) after noticing the judgments in Shri Malaprabha Coop

Sugar Factory Ltd., (Malaprabha 1) and Shri Malaprabha Coop Sugar Factory Ltd [(Malaprabha 2)];

AND WHEREAS in the case of Union of India and Others versus Triveni Engineering Works Ltd.,

(1999) 9 SCC 244, by judgement dated 2.2.1999, the appeal of the Union of India was allowed relying

upon the decision in Modi Industries Ltd., and the decision of the Bench of two Judges of the Supreme

Court in Bharat Sugar Mills Ltd.,

AND WHEREAS in Shri Malaprabha Coop. Sugar Factory Ltd., versus Union of India, [(2002) 9

SCC 716](Malaprabha 3) Contempt Petitions filed against the Union of India for alleged non-compliance

with the decision in Malaprabha 1 and Malaprabha 2, were dismissed by order dated 16.11.2000 and the

¨sÁUÀ - 4

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7

working statement given before the Hon’ble Court showed that the retention of fifty per cent being a factor

which can be taken into consideration in determining element (d)_ in section 3(3C) of the Essential

Commodities Act was taken into account, not to the extent as desired by the petitioners, but the result of

this was that the levy price fixed at Rs. 163. 780 in respect of West U.P. had gone up to Rs. 172.430 the

Hon’ble Supreme Court held that “the said fixation is in accordance with law and the directions given by

this Court have been complied with, Neither a case contempt has been made out nor is there any

justification, in our opinion, for giving any direction to the Government to re-fix the levy price under section

3(3C) of the Essential Commodities Act;’

AND WHEREAS notwithstanding the judgment in the Modi Industries case, the Bharat Sugar Mills

case, and the Triveni Engineering Works Ltd., case and the Judgement of a Bench of three judges of the

Hob’ble Supreme Court in Shri Malaprabha Coop Sugar Factory Ltd.,(Malaprabha 3), a Bench of two

Judges of the Hon’ble Supreme Court in Mahalakshmi Sugar Mills Coop Ltd., and Anr. Versus Union of

India and Others (2008) 6 SCALE 275, in a judgement dated 31^st March 2008, in relation to sugar

seasons 1983-1984 and 1984-1985 held that the actual price payable to cane growers was absolutely

relevant for determining the price of levy sugar;

AND WHEREAS there are thus conficting decisions as to the factors to be taken into consideration

in determining the price of levy sugar;

AND WHEREAS it has become necessary to make suitable amendments to the Essential

Commodities Act, 1955 (10 of 1955) to clarify and reiterate the underlying principles and the factors that

needed to be taken into consideration in determining the price of levy sugar and to give effect accordingly;

AND WHEREAS in order to remove doubts and ambiguities it has become necessary to make

such provisions with retrospective effect to validate the determination of the price of levy sugar by the

Central Government from time to time pursuant to the provisions of the Essential Commodities Act, 1955.

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 Essential Commodities

(Amendment and Validation) Act, 2009.

(2) It shall be deemed to have come into force on the 21^st day of October, 2009

2. Amendment of section 3 : In section 3 of the Essential Commodities Act, 1955 (10 of 1955)

(hereinafter referred to as the principal Act)-

(a) in sub-section (3C), the existing Explanation shall be numbered as Explanation I, and after

Explanation I as so numbered the following Explanation shall be inserted and shall be deemed to have

been inserted, with effect from the 1^st day of October, 1974, namely:-

Explanation II- For the removal of doubts, it is hereby declared that the expression “minimum

price” referred to in clause (a), “manufacturing cost of sugar” referred to in clause (b) and “reasonable

return on the capital employed” referred to in clause (d) exclude that additional price of sugarcane paid or

payable under clause 5A of the Sugarcane (Control )Order, 1966 and any price paid or Payable under

any order or enactment of any State Government and any price agreed to between the producer and the

grower of sugarcane or a sugarcane growers’ co –operative society;

(b) for sub-section (3C) and the Explanations thereunder, the following shall be substituted, and

shall be deemed to have been substituted, on and from the 1^st day of October, 2009, namely:-

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8

(3C) Where any producer is required by an order made with reference to clause (f) of sub-

section(2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an

officer or agent of such Government or to any other person or class of persons) whether a notification was

issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3),

there shall be paid to that producer only such amount as the Central Government may, by order,

determine, having regard to-

(a) the fair and remunerative price, if any, determined by the Central Government as the price of

sugarcane to be taken into account under this section;

(b) the manufacturing cost of sugar;

(c) the duty or tax, if any paid or payable thereon; and

(d) a reasonable return on the capital employed in the business of manufacturing of sugar;

Provided that the Central Government may determine different prices, from time to time, for

different areas or factories or varieties of sugar;

Provided further, that where any provisional determination of price of levy sugar has been done in

respect of sugar produced up to the sugar season 2008-09, the final determination of price may be

undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1^st day

of October, 2009.

Explanation: For the purposes of this sub-section,

(a) “fair and remunerative price” means the price of sugarcane determined by the Central

Government under this section;

(b) “manufacturing cost of sugar” means the net cost incurred on conversion of sugarcane into

sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the

extent it is borne by the producer;

(c) “producer” means a person carrying on the business of manufacturing sugar;

(d) “reasonable return on the capital employed” means the return on net fixed assets plus working

capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair

and remunerative price determined under this section”,

3. Validation of action taken, etc., under specified orders issued under sub-section (3C) of

section 3 of the principal Act: (1) Notwithstanding anything contained in any judgement, decree or order

of any court, tribunal or other authority:

(a) all things done or all actions taken by the Central Government under the specified orders shall

be deemed to be and deemed to have always been done or taken in accordance with law;

(b) no suit, claim or other proceedings shall be instituted, maintained or continued in any court,

tribunal or other authority for the payment or adjustment of any payment in relation to the determination of

price of levy sugar under any specified order;

(c) no court shall enforce any decree or order directing any payment in relation to the

determination of price of levy sugar under any specified order;

(d) no claim or challenge shall be made in , or entertained by any court, tribunal or other authority

on the ground that the Central Government did not take into consideration any of the factors specified in

¨sÁUÀ - 4

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9

sub-section (3C) of section 3 of the principal Act in the determination of price of levy sugar under any

specified order.

(2) In this section, “specified order” means any order relating the the determination of price of

sugar issued under sub-section (3C) of section 3 of the principal Act before the 21^st day of October 2009,

in relation to sugar produced in any sugar season up to and including the sugar season 2008-09.

4. Repeal and saving: (1) The Essential Commodities (Amendment and Validation) Ordinance,

2009, (Ord 9 of 2009) is hereby repealed.

(2) Notwithstanding the repeal of the Essential Commodities (Amendment and Validation)

Ordinance, 2009, (Ord 9 of 2009) anything done or any action taken under the principal Act, as amended

by the said Ordinance, shall subject to the provisions contained in sub-section (3), be deemed to have

been done or taken under the principal Act, as amended by this Act.

(3) Nothing contained in sub-section (2) shall apply to clause 3B of the Sugarcane (Control) Order,

1966, as inserted by the Government of India in the Ministry of Consumer Affairs, Food and Public

Distribution Order number S.O. 266 (E)/Ess Com/Sugarcane dated the 22^nd October, 2009 or any thing

done or any action taken thereunder.

V.K. BHASIN,

Secy to the Govt. of India

¦.Dgï. 3

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Dgï. DAf¤

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C¢ü¸ÀÆZÀ£É

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2009£Éà ¸Á°£À r¸ÉA§gï 23£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉn£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï

(i)gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ The Central Universities (Amendment ) Act, 2009 (Act No. 38 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 23^rd December, 2009/Pausa 2, 1931 (Saka)

The following Act of Parliament received the assent of the President on the 22^nd December, 2009,

and is hereby published for general information:-

THE CENTRAL UNIVERSITIES (AMENDMENT ), ACT, 2009

No. 38 OF 2009

[22^nd December, 2009]

An Act to amend the Central Universities Act, 2009

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 Central Universities

(Amendment) Act, 2009.

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¨sÁUÀ - 4

10

(2) It shall be deemed to have come into force on the 20^th day of October, 2009

2. Insertion of section 3A: After section 3 of the Central Universities Act, 2009 (25 of 2009)

(hereinafter referred to as the principal Act), the following section shall be inserted, namely:

“3A. Special provision with respect to the State of Jammu and Kashmir: (1) The Central

University of Jammu and Kashmir established under sub-section (4) of section 3 shall be known as the

Central University of Kashmir and its territorial jurisdiction shall be limited to the Kashmir Division of the

State of Jammu and Kashmir

(2) There shall be established a university, which shall be a body corporate, to be known as the

Central University of Jammu having its territorial jurisdiction extending to the Jammu Division of the State

of Jammu and Kashmir.

(3) All assets and liabilities of the Central University of Jammu and Kashmir in respect of the

territory of Jammu Division of the State of Jammu and Kashmir shall stand transferred to be the assets

and liabilities of the Central University of Jammu

(4) Anything done or any action taken by the University of Jammu and Kashmir in respect of the

territory of Jammu Division of the State of Jammu and Kashmir shall be deemed to have been done or

taken by the Central University of Jammu.

(5) Any suit or legal proceedings instituted or continued by or against the Central University of

Jammu and Kashmir in respect of the territory of Jammu Division of the State of Jammu and Kashmir

shall be deemed to have been instituted or continued by or against the Central University of Jammu”,

3. Amendment of the First Schedule to the principal Act: In the First Schedule to the principal

Act, for serial number 5 and the corresponding entries against, it, the following serial numbers and entries

shall be substituted, namely:

“5.

Jammu and Kashmir

Central

University

of

Kashmir

Kashmir Division of the State of

Jammu and Kashmir

5A

Jammu and Kashmir

Central

University

of

Jammu

Jammu Division of the State of

Jammu and Kashmir”

4. Repeal and saving: (1) The Central Universities (Amendment) Ordinance, 2009, (Ord 8 of 2009)

is hereby repealed.

(2) Notwithstanding the repeal of the Central Universities (Amendment ) Ordinance, 2009 (Ord 8 of

2009) anything done or any action taken under the principal Act, as amended by the said Ordinance, shall

be deemed to have been done or taken under the principal Act, as amended by this Act.

V.K. BHASIN,

Secy to the Govt. of India

¦.Dgï. 4

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Dgï. DAf¤

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11

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C¢ü¸ÀÆZÀ£É

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1gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ The National Capital Territory of Delhi Laws (Special Provisions) Second Act,

2009 (Act No. 40 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 23^rd December, 2009/Pausa 2, 1931 (Saka)

The following Act of Parliament received the assent of the President on the 22^nd December, 2009,

and is hereby published for general information:-

THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS)

SECOND ACT, 2009

No. 40 OF 2009

[22^nd December, 2009]

An Act to make special provisions for the National Capital Territory of Delhi for a further period up to

the 31^st day of December, 2010 and for matters connected therewith or incidental thereto.

WHEREAS there had been phenomenal increase in the population of the National Capital Territory

of Delhi owing to migration and other factors resulting in tremendous pressure on land and infrastructure

leading to encroachment or unauthorized developments which are not in consonance with the concept of

planned development as provided in the Master Plan of Delhi, 2001 and the relevant Acts and building

bye-laws made thereunder:

AND WHEREAS the Master Plan of Delhi, 2001 was extensively modified and notified by the

Central Government on the 7^th day of February 2007 with the perspective for the year 2021 keeping in

view the emerging new dimensions in urban development vis-à-vis the social, financial and other ground

realities;

AND WHEREAS the Master Plan of Delhi with the perspective for the year 2021 specifically

provides for strategies for housing for urban poor as well as to deal with the informal sector;

AND WHEREAS a strategy and a scheme has been prepared by the local authorities in the

National Capital Territory of Delhi for regulation of urban street vendors in accordance with the National

Policy for Urban Street Vendors and the Master Plan for Delhi, 2021, and is being implemented;

AND WHEREAS based on the policy finalised by the Central Government regarding regularization

of unauthorized colonies, village abadi area and its extension, the guidelines and regulations for this

purpose have been issued;

AND WHEREAS in pursuance of the guidelines and regulations for regularisation of unauthorized

colonies necessary steps are being taken which, inter alia, involve scrutiny of layout plans, assessment of

built up percentage existed as on the 31^st day of March, 2002, identification of mixed use streets, approval

of layout plans, fixation of boundaries, change of land use and identification of colonies not eligible for

regularizations;

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12

AND WHEREAS more time is required for orderly implementation of scheme, regarding hawkers

and urban street vendors and for regularization of unauthorized colonies, village abadi area and its

extension;

AND WHEREAS the revised policy and orderly arrangements for relocation and rehabilitation of

slum dwellers and Jhuggi-Jhompri clusters in the National Capital Territory of Delhi has been considered

and a Bill namely, the Delhi Urban Shelter Improvement Board Bill, 2009 has been prepared by the

Government of National Capital Territory of Delhi to provide for implementation of Schemes for

improvement of Jhuggi-Jhompri clusters and its redevelopment with a view to bring Improvement in

environment and living conditions, and preparing housing scheme for resettlement of persons;

AND WHEREAS the draft policy regarding farm houses has been formulated by the Delhi

Development Authority and has been forwarded to major stakeholders for their views and comments;

AND WHEREAS in pursuance of the Master Plan for Delhi, 2021, the policy or plan regarding

schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used

for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land is

under consideration of the Central Government.

AND WHEREAS the National Capital Territory of Delhi Laws (Special Provisions) Act, 2007 was

enacted on the 5^th day of December, 2007 (43 of 2007) to make special provisions for the areas of

National Capital Territory of Delhi for a period up to the 31^st day of December, 2008 which ceased to

operate after the 31^st day of December, 2008;

AND WHEREAS the National Capital Territory of Delhi Laws (Special Provisions) Act, 2009 (24 of

2009) was enacted in continuation of the aforesaid Act referred to in the preceding paragraph for a

period up to the 31^st day of December, 2009 to make special provisions for the areas of National Capital

Territory of Delhi and that Act shall cease operate after the 31^st day of December, 2009.

AND WHEREAS it is expedient to have a law in terms of the Master Plan of Delhi, 2021, in

continuation of the said Act for a period up to the 31^st day of December, 2010 to provide temporary relief

and to minimize avoidable hardships and irreparable loss to the people of the National Capital Territory of

Delhi against any action by the concerned agency in respect of persons covered by the policies referred

to above.

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

1. Short title extent, commencement and duration: (1) This Act may be called the National

Capital Territory of Delhi Laws (Special Provisions) Second Act, 2009

(2) It extends to the National Capital Territory of Delhi

(3) It shall come into force on the 1^st day of January, 2010.

(4) It shall cease to have effect on the 31^st day of December, 2010 except as respects things done

or omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act,

1897, (10 of 1897) shall apply as if this Act had then been repealed by a Central Act.

2. Definitions: (1) In this Act, unless the context otherwise requires,

(a) “building bye-laws” means bye-laws made under section 481 of the Delhi Municipal Corporation

Act, 1957 (66 of 1957) or the bye-laws made under section 188, sub-section (3) of section 189 and sub-

section (1) of section 190 of the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911) as in force in New

Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957(61

of 1957), relating to buildings.

¨sÁUÀ - 4

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(b) “ Delhi” means the entire area of the National Capital Territory of Delhi except the Delhi

Cantonment as defined in clause (11) of section 2 of the Delhi Municipal Corporation Act, 1957 (66 of

1957) ;

(c) “encroachment” means unauthorized occupation of Government land or public land by way of

putting temporary, semi-permanent or permanent structure for residential use or commercial use or any

other use;

(d) “local authority” means the Delhi Municipal Corporation established under the Delhi Municipal

Corporation Act, 1957, (66 of 1957) or the New Delhi Municipal Council established under the New Delhi

Municipal Council Act, 1994 (44 of 1994) or the Delhi Development Authority established under the Delhi

Development Act, 1957 (61 of 1957), legally entitled to exercise control in respect of the areas under their

respective jurisdiction;

(e) “Master Plan” means the Master Plan for Delhi with the perspective for the year 2021 notified

vide notification number S.O. 141 (E), dated the 7^th day of February, 2007, under the Delhi Development

Act, 1957 (61 of 1957);

(f) “notification” means a notification published in the Official Gazette;

(g) “punitive action” means action taken by a local authority under the relevant law against

unauthorized development and shall include demolition, sealing of premises and displacement of persons

or their business establishment from their existing location, whether in pursuance of court orders or

otherwise;

(h) “relevant law” means in case of

(i) the Delhi Development Authority, the Delhi Development Act, 1957; (61 of 1957)

(ii) the Municipal Corporation of Delhi, the Delhi Municipal Corporation Act 1957 ( 66 of 1957);and

(iii) the New Delhi Municipal Council, the New Delhi Municipal Council Act, 1994 (44 of 1994)

‘(i) “unauthorized development” means use of land or use of building or construction of building or

development of colonies carried out in contravention of the sanctioned plans or without obtaining the

sanction of plans, or in contravention of the land use as permitted under the Master Plan or Zonal Plan or

layout –plan, as the case may be and includes any encroachment.

(2) Words and expressions used but not defined herein shall have the meanings respectively

assigned to them in the Delhi Development Act, 1957 (61 of 1957), the Delhi Municipal Corporation Act,

1957 (66 of 1957) and the New Delhi Municipal Council Act, 1994 (44 of 1994).

3. Enforcement to be kept in abeyance(1) Notwithstanding anything contained in any relevant law

or any rules, regulations or bye-laws made thereunder, the Central Government shall before the expiry of

this Act, take all possible measures to finalise norms, policy guidelines, feasible strategies and make

orderly arrangement to deal with the problem of encroachment or unauthorized development in the form

of encroachment by slum dwellers and Jhuggi-Jhompri clusters, hawkers and urban street vendors,

unauthorized colonies, village abadi area (including urban villages) and its extension, existing farm

houses involving construction beyond permissible building limits and schools, dispensaries, religious

institutions, cultural institutions, storages, warehouses and godown used for agricultural inputs or

produce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below:

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14

(a) policy for relocation and rehabilitation of slum dwellers and Jhuggi-Jhompri clusters in

accordance with the provisions of the Master Plan of Delhi, 2021 to ensure development of Delhi in a

sustainable, planned and humane manner;

(b) scheme and orderly arrangements for regulation of urban street vendors in consonance with the

national policy for urban street vendors and hawkers as provided in the Master Plan of Delhi, 2021;

(c) orderly arrangements pursuant to guidelines and regulations for regularization of unauthorized

colonies, village abadi area (including urban villages) and its extension, as existed on the 31^st day of

March, 2002, and where construction took place even beyond that date and up to the 8^th day of February,

2007;

(d) policy regarding existing farm houses involying construction beyond permissible building limits;

and

(e) policy or plan regarding schools, dispensaries, religious institutions, cultural institutions,

storages, warehouses and godown used for agricultural inputs or produce (including dairy and poultry) in

rural areas built on agricultural land.

(2) Subject to the provisions contained in sub-section (1) and notwithstanding any judgement,

decree or order of any court, status quo-

(i) as on the 1^st day of January, 2006, in respect of encroachment or unauthorised development;

and

(ii) in respect of unauthorised colonies, village abadi area(including urban villages )and its

extension, which existed on the 31^st day of March, 2002 and where construction took place even beyond

that date and up to the 8^th day of February, 2007 mentioned in sub-section (1)

shall be maintained

(3) All notices issued by any local authority for initiating action against encroachment or

unauthorised development referred to in sub-section (1) , shall be deemed to have been suspended and

no punitive action shall be taken till the 31^st day of December, 2010.

(4) Notwithstanding any other provision contained in this Act, the Central Government may, at any

time before the 31^st day of December, 2010 withdraw the exemption by notification in respect of

encroachment or unauthorised development mentioned in sub-section (2) or sub-section (3) as the case

may be.

4. Provisions of this Act not to apply in certain cases: During the period of operation of this Act,

no relief shall be available under the provisions of section 3 in respect of the following encroachment or

unauthorised development namely:-

(a) encroachment on public land except in those cases which are covered under clauses (a), (b)

and (c) of sub-section (1) of section 3;

(b) removal of slums and Jhuggi-Jhompri dwellers, hawkers and urban street vendors, unauthorised

colonies or part thereof, village abadi area (including urban villages) and its extension in accordance with

the relevant policies approved by the Central Government for clearance of land required for specific public

projects.

¨sÁUÀ - 4

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15

5. Power Central Government to give directions: The Central Government may, from time to

time, issue such directions to the local authorities as it may deem fit, for giving effect to the provisions of

this Act and it shall be the duty of the local authorities, to comply with such directions.

V.K. BHASIN,

Secy to the Govt. of India

¦.Dgï. 5

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Dgï. DAf¤

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gÀ°è ¥ÀæPÀlªÁzÀ F PɼÀPÀAqÀ The Competition (Amendment) Act, 2009 (Act No. 39 of 2009) C£ÀÄß

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MINISTRY OF LAW AND JUSTICE

(Legislative Department )

New Delhi, the 23^rd December, 2009/Pausa 2, 1931 (Saka)

The following Act of Parliament received the assent of the President on the 22^nd December, 2009,

and is hereby published for general information:-

THE COMPETITION (AMENDMENT) ACT, 2009,

No. 39 OF 2009

[22^nd December, 2009]

An Act further to amend the Competition Act, 2002

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 Competition (Amendment )Act,

2009.

(2) It shall be deemed to have come into force on the 14^th day of October, 2009.

2. Amendment of section 66 of Act 12 of 2003: In section 66 of the Competition Act, 2002

(a) in sub-section (1), the proviso and the Explanation thereto shall be omitted;

(b) in sub-section (3),

(i) for the words, brackets and figure”after the expiry of two years referred to in the proviso to

sub-section (1)” the words, brackets and figures “on the commencement of the Competition (Amendment)

Act, 2009” shall be substituted;

(ii) the following Explanation shall be inserted, namely:

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“Explanation: For the removal of doubts, it is hereby declared that all cases referred to in this sub-

section, sub-section (4) and sub-section (5) shall be deemed to include all applications made for the

losses or damages under section 12B of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of

1969) as it stood before its repeal;

(c) in sub-section (4)-

(i) for the words, brackets and figure “on or before the expiry of two years referred to in the

proviso to sub-section (1)” the words brackets and figures “immediately before the commencement of the

Competition (Amendment) Act, 2009 shall on such commencement” shall be substituted;

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

“Provided further that all the cases relating to the unfair trade practices pending, before the National

Commission under this sub-section, on or before the date on which the Competition (Amendment ) Bill,

2009 receives, the assent of the President shall, on and from that date, stand transferred to the Appellate

Tribunal and be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed

Act as if that Act had not been repealed’’.

(d) in sub-section (5), for the words, brackets and figure “after the expiry of two years referred to in

the proviso to sub-section (1)” the words, brackets and figures “on the commencement of the Competition

(Amendment ) Act, 2009” shall be substituted;

(e) in sub-section (7), the following proviso shall be inserted, namely:

“Provided that all investigations or proceedings relating to unfair trade practices pending before the

National Commission, on or before the date on which the Competition (Amendment) Bill 2009 receives

the assent of the President shall, on and from that date stand transferred to the Appellate Tribunal and the

Appellate Tribunal may conduct or order for conduct of such investigation or proceeding in the manner as

it deems fit”,

3. Repeal and savings: (1) The competition (Amendment) Ordinance 2009 (Ord 6 of 2009) is

hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Competition Act,

2002 (12 of 2003), as amended by the said Ordinance, shall be deemed to have been done or taken

under the said Act as amended by this Act.

V.K. BHASIN,

Secy to the Govt. of India

¦.Dgï. 6

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