(205)
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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
gÁµÀÖç¥ÀwAiÀĪÀjAzÀ gÀavÀªÁV gÁdå ¸ÀPÁðgÀzÀªÀjAzÀ ¥ÀÄ£ÀB ¥ÀæPÀlªÁzÀ
DzÉñÀUÀ¼ÀÄ
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C¢ü¸ÀÆZÀ£É
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2012£Éà ¸Á°£À dÆ£ï 20£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 1 gÀ°è ¥ÀæPÀlªÁzÀ F
PɼÀPÀAqÀ The Central Educational Institutions (Reservation in Admission) Amendment Act, 2012 (No. 31 of 2012) 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 June, 2012
The following Act of Parliament received the assent of the President on the 19th June, 2012, and is hereby published
for general information :-
THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATION IN ADMISSION)
AMENDMENT ACT, 2012
[No. 31 of 2012]
[19th JUNE, 2012]
An Act to amend the Central Educational Institutions (Reservation in Admission) Act, 2006
BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows :-
1. Short title.-(1) This Act may be called the Central Educational Institutions (Reservation in Admission)
Amendment Act, 2012.
¸ÀA¥ÀÄl 147
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¸ÀAaPÉ 38
206
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2. Amendment of section 2.- In section 2 of the Central Educational Institutions (Reservation in Admission) Act 2006
(5 of 2007) (hereinafter referred to as the principal Act), after clause (i), the following clauses shall be
inserted, namely :-
‘(ia) “specified north-eastern region’’ means the area comprising of the States of Arunachal Pradesh,
Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and the tribal areas of Assam referred to in
the Sixth Schedule to the Constitution ;
‘(ib) “State seats’’, in relation to a Central Educational Institution, means such seats, if any, out of the annual
permitted strength in each branch of study or faculty as are earmarked to be filled from amongst the
eligible students of the State in which such institution is situated ;’.
3. Amendment of section 3. - In section 3 of the principal Act, the following provisions hall be inserted, namely :-
“Provided that the State seats, if any, in a Central Educational Institution situated in the tribal areas
referred to in the Sixth Schedule to the Constitution shall be governed by such reservation policy for the
Scheduled Castes, the Scheduled Tribes and the Other Backward Classes, as may be specified, by
notification in the Official Gazette, by the Government of the State where such institution is situated.
Provided further that if there are no State seats in a Central Educational Institution and the seats
reserved for the Scheduled Castes exceed the percentage specified under clause (I) or the seats reserved for
the Scheduled Tribes exceed the percentage specified under clause (ii) or the seats reserved for the
Scheduled Castes and the Scheduled Tribes taken together exceed the sum of percentages specified under
clauses (I) and (ii), but such seats are-
(a) less than fifty per cent, of the annual permitted strength on the date immediately preceding
the date of commencement of this Act, the total percentage of the seats required to be reserved for the
Other Backward Classes under clause (iii) shall be restricted to the extent such sum of percentages
specified under clauses (I) and (ii) falls short of fifty per cent, of the annual permitted strength ;
(b) more than fifty per cent, of the annual permitted strength on the date immediately preceding
the date of commencement of this Act, in that case no seat shall be reserved for the Other Backward
Classes under clause (iii) but the extent of the reservation of seats for the Scheduled Castes and the
Scheduled Tribes shall not be reduced in respect of Central Educational Institutions in the specified
north-eastern region.’’.
4. Amendment of section 4.- In section 4 of the principal Act, clause (a) shall be omitted.
5. Amendment of section 5.- In section 5 of the principal Act,-
(a) in sub-section (1), for the words ``number of such seats available’’, the words ``number of such seats
available or actually filled, whichever be less,’’ shall be substituted ;
(b) in sub-section (2), for the words ``three years’’, the words ``six years’’ shall be substituted.
6. Amendment of section 6.- In section 6 of the principal Act, for the figures “2007’’, the figures “2008’’ shall
be substituted
V. K. BHASIN,
Secy. to the Govt. of India.
PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,
Dgï. DAf¤,
¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ
¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð,
¦.Dgï. 49
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É E¯ÁSÉ.
¨sÁUÀ - 4
PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀĪÁgÀ, ¸É¥ÉÖA§gï 20, 2012
207
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C¢ü¸ÀÆZÀ£É
¸ÀASÉå: ¸ÀAªÀå±ÁE 31 PÉñÁ¥Àæ 2012, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 31£Éà dįÉÊ, 2012.
2012£Éà ¸Á°£À dÆ£ï 8£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 1 gÀ°è ¥ÀæPÀlªÁzÀ F
PɼÀPÀAqÀ The Anand Marriage (Amendment) Act, 2012 (No. 29 of 2012) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è
ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, 8th, June, 2012
The following Act of Parliament received the assent of the President on the 7th June, 2012, and is hereby published for
general information :-
THE ANAND MARRIAGE (AMENDMENT) ACT, 2012
(No. 29 of 2012)
[07TH June, 2012].
An Act further to amend the Anand Marriage Act, 1909
BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows :-
1. Short title and commencement .-(1) This Act may be called the Anand Marriage (Amendment) Act, 2012.
(2) It shall come into force on such date as the Central Government may, by Notification in the Official Gazette,
appoint.
2. Amendment of section 2.-In section 2 of the Anand Marriage Act, 1909(7 of 1909) (hereinafter referred to as the
principal Act), after the words ``the Sikh Marriage ceremony called Anand’’, the words ``(Commonly known as Anand Karaj)’’ shall
be inserted.
3. Insertion of new section 6.-After section 5 of the principal Act, the following section shall be inserted, namely :-
“6. Registration of marriages.-(1) For the purposes of facilitation of proof of marriage ceremony (commonly known as
Anand Karaj) customary among the Sikhs, the State Government shall, without prejudice to anything contained in the Hindu
Marriage Act, 1955 (25 of 1955) or any other law for the time being in force, make rules providing that the parties to any such
marriage [whether solemnized before or after the commencement of the An and Marriage (Amendment) Act, 2012], may have the
particulars relating to their marriage entered, in such manner and subject to such conditions as may be provided in the said rules, in
a Marriage Register kept by such officer of the State Government or of a local authority authorized by the State Government, by
notification in the Official Gazette, in this behalf.
(2) The Marriage Register shall, at all reasonable times, be open for inspection, and shall be admissible as evidence of
the statements contained therein and certified extracts there from shall, on an application, be given by the Registrar to the parties to
the marriage on payment of such fees as may be provided in the rules.
(3) Notwithstanding any thing contained in this section, the validity of any Anand Marriage solemnized shall in no way be
affected by the omission to make an entry in the marriage Register.
(4) Every rule made by the State Government under this section shall be laid before the State Legislature, as soon as may
be, after they are made.
208
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(5) The parties to the marriage, whose marriage has been registered under this Act, shall not be required to get their
marriage registered under any other law for the time being in force (including State Act).’’.
V. K. BHASIN,
Secy. to the Govt. of India.
PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,
Dgï. DAf¤,
¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ
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¦.Dgï. 50
¸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 32 PÉñÁ¥Àæ 2012, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 31£Éà dįÉÊ, 2012.
2012£Éà ¸Á°£À dÆ£ï 20£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÉë£ï 1 gÀ°è ¥ÀæPÀlªÁzÀ F
PɼÀPÀAqÀ The Right of Children to Free and Compulsory Education (Amendment) Act, 2012 (No. 30 of 2012) 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 June, 2012
The following Act of Parliament received the assent of the President on the 19th June, 2012, and is hereby published
for general information :-
THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION (AMENDMENT)
ACT, 2012
(No. 30 of 2012)
[19th June, 2012]
An Act to amend the Right of Children to Free and Compulsory Education Act, 2009
BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows :-
1. Short title and commencement.-(1) This Act may be called the Right of Children to Free and Compulsory
Education (Amendment) Act, 2012.
(2) It shall come into force on such date as the Central Government may, by Notification in the Official
Gazette, appoint.
2. Amendment of section 1.- In the Right of Children to Free and Compulsory Education Act, 2009 (36 of 2009)
(hereinafter referred to as the principal Act), in section 1, after sub-section (3), the following sub-sections shall be inserted, namely :-
“(4) Subject to the provisions of articles 29 and 30 of the Constitution, the provisions of this Act shall apply to
conferment of rights on children to free and compulsory education.
(5) Nothing contained in this Act shall apply to Madras as, Vedic Pathsala and educational institutions
primarily imparting religious instruction’’.
3. Amendment of section 2.-In the principal Act, in section 2,-
(a) in clause (d), after the word ‘’means’’, the words ‘’a child with disability or’’ shall be inserted ;
¨sÁUÀ - 4
PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀĪÁgÀ, ¸É¥ÉÖA§gï 20, 2012
209
(b) after clause (e), the following clause shall be inserted, namely :-
‘(ee)’ ‘’child with disability’’ includes,-
(A) a child with ‘’disability’’ as defined in clause (i) of section 2 of the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ; (1 of 1996)
(B) a child, being a person with disability as defined in clause (j) of section 2 of the National Trust for
Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities
Act, 1999 ; (44 of 1999)
(C) a child with ``severe disability’’ as defined in clause (o) of section 2 of the National Trust for Welfare
of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.
(44 of 1999).
4. Amendment of section 3.-In section 3 of the principal Act,-
(a) for sub-section (1), the following sub-section shall be substituted, namely :-
(1) Every child of the age of six to fourteen years, including a child referred to in clause (d) or clause (e) of
section 2, shall have the right to free and compulsory education in a neighborhood school till the completion of his
or her elementary education.
(b) in sub-section (2), the proviso shall be omitted ;
(c) after sub-section (2), the following sub-section shall be inserted, namely :-
`(3) A child with disability referred to in sub-clause (A) of clause (ee) of section 2 shall, without prejudice to
the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,
1995, (1 of 1996) and a child referred to in sub-clauses (B) and (C) of clause (ee) of section 2, have the same
rights to pursue free and compulsory elementary education which children with disabilities have under the
provisions of Chapter V of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 :
Provided that a child with ``multiple disabilities’’ referred to in clause (h) and a child with ``severe disability’’
referred to in clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral
Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999) may also have the right to opt for
home-based education .’.
5. Amendment of section 21.-In section 21 of the principal Act, in sub-section (2), the following proviso shall be
inserted, namely:-
``Provided that the School Management Committee constituted under sub-section (1) in respect of,-
(a) a school established and administered by minority whether based on religion or language ; and
(b) all other aided schools as defined in sub-section (ii) of clause (n) of section 2,
Shall perform advisory function holy.”.
6. Amendment of section 22.- In section 22 of the principal Act, in sub-section (1), for the words ``School
Management Committee, constituted’’, the words ``School Management Committee, except the School Management committee in
respect of a school established and administered by minority, whether based on religion or language and an aided school as defined
in sub-clause (ii) of clause (n) of section 2, constituted’’ shall be substituted.
7. Amendment of section 25.- In section 25 of the principal Act, in sub-section (1), the words ``Within six months’’,
the words ``Within three years’’ shall be substituted.
210
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8. Insertion of new section 39.- After section 38 of the principal Act, the following section shall be inserted, namely :
“39. Power of Central Government 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 may appear to it to be necessary for removing the difficulty :
Provided that no order shall be made under this section after the expiry of three years from the commencement
of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament’’.
V. K. BHASIN,
Secy. to the Govt. of India.
PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,
Dgï. DAf¤,
¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ
¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð,
¦.Dgï. 51
¸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 34 PÉä¥Àæ 2012, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 6-8-2012.
2012£Éà ¸Á°£À 14-5-2012 ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 3(ii)gÀ°è ¥ÀæPÀlªÁzÀ
F PɼÀPÀAqÀ S.O. 1063(E).
¢£ÁAPÀ : 14-5-2012 C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
MINISTRY OF FINANCE
(Department of Revenue)
Notification
New Delhi, the Monday, May 14, 2012
S.O. 1063(E).- In exercise of the powers conferred by the proviso to sub-section (1) of Section 46 of the Prevention
Money-Laundering Act, 2002 (15 of 2003) read with clause (u) of Section 2 and sub-section (8) of Section 24 of the Code of Criminal
Procedure, 1973 (2 of 1974), the Central Government hereby appoints Dr. Shamsuddin, Additional Director (Prosecution) and Head
of the Legal Division in the Directorate of Enforcement as Special Public prosecutor for conducting all cases under the Prevention of
Money-Laundering Act, 2002 (15 of 2003) throughout India on behalf of the Directorate of Enforcement before all the Special Courts
under the Prevention of Money-Laundering Act, 2002 (15 of 2003).
(F.No. C-18016/13/2012-ED)
R.N. SINGH, Under Secretary
P.R. 61
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Dgï. DAf¤
¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ
¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð,
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É E¯ÁSÉ.
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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É ¸ÀaªÁ®AiÀÄ
C¢ü¸ÀÆZÀ£É
¸ÀASÉå: ¸ÀAªÀå±ÁE 35 PÉä¥Àæ 2012, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 7-8-2012.
2012£Éà ¸Á°£À 4-5-2012 ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 3(ii)gÀ°è ¥ÀæPÀlªÁzÀ
F PɼÀPÀAqÀ S.O. 1022(E).
¢£ÁAPÀ : 04-05-2012 C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
MINISTRY OF RURAL DEVELOPMENT
Notification
New Delhi, the 4st May, 2012
S.O. 1022(E).- In exercise of the power conferred by sub-section (1) of Section 29 of the Mahatma Gandhi National Rural
Employment Guarantee Act, 2005 (42 of 2005) (herein referred to as the said Act), the Central Government on being satisfied that it
is necessary and expedient so to do, hereby makes the following further amendments to Schedule I and Schedule II to the said
Act with effect from the date of publication of this notification in the Official Gazette, namely :-
2.
In the said Act, in SCHEDULE I,-
(i) for paragraph 1B, the following paragraph shall be substituted, namely :-
“1B. the focus of the Scheme shall be on the following works and the order of priority shall be determined by each
Gram Panchayat in meetings of the Gram Sabha and the Ward Sabha, namely :-
(i)
water conservation and water harvesting including contour trenches, contour bunds, boulder checks, gabion
structures, underground dykes, earthen dams, stop dams and springshed development;
(ii)
drought proofing including afforestation and tree plantation;
(iii) irrigation canals including micro and minor irrigation works;
(iv) provision of irrigation facitlity, dug out farm pond, horticulture, plantation, farm bunding and land development
on land owned by households specified in paragraph 1C;
(v) renovation of traditional water bodies including desilting of tanks;
(vi) land development;
(vii) flood control and protection works including drainage in water logged areas including deepening and repairing
of flood channels, chaur renovation, construction of storm water drains for coastal protection;
(viii) rural connectivity to provide all weather access, including culverts and roads within a village, wherever necessary;
(ix) construction of Bharat Nirman Rajiv Gandhi Sewa Kendra as Knowledge Resource Centre at the Block level and
as Gram Panchayat Bhawan at the Gram Panchayat level;
(x) agriculture related works, such as, NADEP composting, vermin-composting, liquid bio-manures;
(xi) livestock related works, such as, poultry shelter, goat shelter, constructin of pucca floor, urine tank and fodder
trough for cattle, azolla as cattle-feed supplement;
(xii) fisheries related works, such as, fisheries in seasonal water bodies on public land;
(xiii) works in coastal areas, such as, fish drying yards, belt vegetation;
(xiv) rural drinking water related works, such as soak pits, recharge pits;
(xv) rural sanitation related works, such as, individual household latrines, school toilet units, anganwadi toilets, solid
and liquid waste management;
(xvi) any other work which may be notified by the Central Government in consultation with the State Government;
212
PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀĪÁgÀ, ¸É¥ÉÖA§gï 20, 2012
¨sÁUÀ - 4
(ii) after paragraph 1B, the following paragraphs shall be inserted, namely :-
“1C. All activites mentioned in items (iv), (x), (xi) and items (xiii) to (xv) of paragraph 1B shall be allowed on land or
homestead owned by households belonging to the Scheduled Castes and the Scheduled Tribes or below poverty line
families or the beneficiaries of land reforms or the beneficiaries under the Indira Awas Yojana of the Government of
India or that of the small or marginal farmers as defined in the Agriculture Debt Waiver and Debt Relief Scheme, 2008,
or the beneficiaries under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006 (2 of 2007).
ID. The works referred to in iterms (iv), (x), (xi) and items (xiii) to (xv) of paragraph 1B shall be taken up subject to the
following conditions, namely :-
(a) the households referred to in paragraph IC shall have the job card; and
(b) the beneficiaries shall work on the project undertaken on their land or homestead.” ;
(iii)
in paragraph 3, for sub-paragraph (d), the following sub-paragraph shall be substituted, namely :-
“(d) Each muster roll shall have a unique Identity number and be certified by the Programme Officer and shall contain
such mandatory information as may be specified by order, by the Central Government”,
(iv)
paragraph 4 shall be omitted;
(v)
for paragraph 5, the following paragraph shall be substituted, namely :-
“5. As part of the Scheme, the State Government shall provide for proper maintenance of the public assets created
under the Scheme.”,
(vi)
Paragraph 6 shall be omitted;
(vii)
in paragraph 7, for the words, “when wages are directly linked with the quantity of work, the wages shall be paid”,
the words, “The State Government shall link the wages with the quantity of work and it shall be paid”
shall be substituted;
(viii) in paragraph 8, in sub-paragraph (1), after the words “for nine hours”, the words “including an hour of rest”
shall be inserted;
(ix)
in paragraph 9, after the words ‘project costs”, the words “at the level of each Gram Panchayat” shall be inserted ;
(x)
for the words “Government of India”, wherever they occur, the words “Central Government” shall be substituted.
3
.In the said Act, in SCHEDULE II,-
(i)
in paragraph 2, in sub-paragraph (1), after items (x), the following item shall be inserted, namely :-
“(xi) Aadhaar number, if issued.”,
(ii)
in paragraph 14, for the words “such radius”, the words “the radius specified in paragraph 12” shall be substituted ;
(iii)
for paragraph 15, the following paragraph shall be substituted, namely :-
“15. A period of employment shall be at least continuous fourteen days with not more than six days in a week.”,
(iv)
in paragraph 31, after the word “shall”, the words “unless so exempted” shall be inserted.
[F.No. J-11013/1/2011-MGNREGA-I(Pt.VII)]
D.K. JAIN,
Joint Secretary.
Note 1 : Schedule I of the Mahatma Gandhi Nationa Rural Employment Guarantee Act, 2005 (42 of 2005) was first amended
vide number S.O. 323(E), dated the 6th March, 2007, and subsequently amended vide following notification numbers:
1.
S.O. 88 (E), dated the 14th January, 2008
2.
S.O. 1489(E), dated the 18th June, 2008
3.
S.O. 3000(E), dated the 31st December, 2008
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213
4.
S.O. 1824(E), dated the 22nd July, 2009
5.
S.O. 1860(E), dated the 30th July, 2010
6.
S.O. 1484(E), dated the 30th June, 2011
7.
S.O. 2202(E), dated the 22nd September, 2011
Note 2 : Schedule II of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (42 of 2005) was first amended
vide number S.O. 324(E), dated the 6th March, 2007, and subsequently amended vide following notification numbers :
1.
S.O. 802(E), dated the 2nd April, 2008
2.
S.O. 2188(E), dated the 11th September, 2008
3.
S.O. 2999(E), dated the 31st December, 2008
4.
S.O. 513(E), dated the 19th February, 2009
5.
S.O. 2266(E), dated the 30th September, 2011
P.R. 62
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 8th June, 2012
The following Act of Parliament received the assent of the President on the 7th June, 2012, and is hereby published for
general information :-
THE COPYRIGHT (AMENDMENT) ACT, 2012.
(No. 27 of 2012)
An Act further to amend the Copyright Act, 1957
[ 7th June, 2012 ]
Be it enacted by Parliament in the Sixty-third Year of the Republic of India as follows :-
1.
Short title and commencement. (1) This Act may be called the Copyright (Amendment) Act, 2012.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2.
Amendment of section 2. - In section 2 of the Copyright Act, 1957 [14 of 1957] (hereinafter referred to as
the principal Act),-
(i)
in clause (j), the portion beginning with the words “on any medium” and ending with the words “produced
by any means” shall be omitted ;
(ii)
after clause (f), the following clause shall be inserted, namely :-
“(fa) “commercial rental” does not include the rental, lease or lending of a lawfully acquired copy of a computer
programme, sound recording, visual recording or cinematograph film for non-profit purposes by a non-profit library or
non-profit educational institution.” ;
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Explanation.-For the purposes of this clause, a “non-profit library or non-profit educational institution” means a
library or educational institution which receives grants from the Government or exempted from payment of tax under the
income-tax Act, 1961. (43 of 1961)
(iii) for clause (ff), the following shall be substituted, namely :-
‘(ff) “communication to the public” means making any work or performance available for being seen or heard or
otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing physical copies
of it, whether simultaneously or at places and times chosen individually, regardless of whether any member of the
public actually sees, hears or otherwise enjoys the work or performance so made available.
Explanation.- For the purposes of this clause, communication through satellite or cable or any other means of
simultaneous communication to more than one household or place of residence including residential rooms of any
hotel or hostel shall be deemed to be communication to the public, ;
(iv) in clause (qq), the following proviso shall be inserted, namely :-
“Provided that in a cinematograph film a person whose performance is casual or incidental in nature and, in the
normal course of the practice of the industry, is not acknowledged anywhere including in the credits of the film shall
not be treated as a performer except for the purpose of clause (b) of section 38B,”.
(v) after clause (x), the following clause shall be inserted, namely :-
‘(xa) “Rights Management Information” means,-
(a) the title or other information identifying the work or performance ;
(b) the name of the author or performer;
(c) the name and address of the owner of rights;
(d) terms and conditions regarding the use of the rights; and
(e) any number or code that represents the information referred to in sub-clauses (a) to (d),
but does not include any device or procedure intended to identify the user,’ ;
(vi) after clause (xx), the following clause shall be inserted, namely :-
‘(xxa) “visual recording” means the recording in any medium, by any method including the storing of it by any
electronic means, of moving images or of the representations thereof, from which they can be perceived, reproduced
or communicated by any method,’ ;
3.
Amendment of section 11. - In section 11 of the principal Act,-
(a) in sub-section (1), for the words “not less than two nor more than fourteen other members”, the words “two other
members” shall be substituted ;
(b) for sub-section (2), the following sub-section shall be substituted, namely :-
“(2) The salaries and allowances payable to and the other terms and conditions of service of the
Chairman and other members of the Copyright Board shall be such as may be prescribed :
Provided that neither the salary and allowances nor the other terms and conditions of service of the
Chairman or any other member shall be varied to his disadvantage after appointment.” ;
(c) for sub-section (4), the following sub-section shall be substituted, namely :-
“(4) The Central Government may, after consultation with the Chairman of the Copyright Board, appoint a
Secretary to the Copyright Board and such other offcers and employees as may be considered necessary for the
efficient discharge of the furnctions of the Copyright Board.”
4.
Amendment of section 12.- In section 12 of the principal Act, in sub-section (2), for the words “members, each
Bench consisting of not less than three members”, the word “members” shall be substituted.
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5.
Amendment of section 14. - In section 14 of the principal Act, -
(i) in clause (c) for sub-clause (i), the following sub-clause shall be substituted, namely :-
“(i) to reproduce the work in any material form including –
(A) the storing of it in any medium by electronic or other means ; or
(B) depiction in three-dimensions of a two-dimensional work ; or
(C) depiction in two-dimensions of a three-dimensional work,” ;
(ii) in clause (d),-
(a) for sub-clause (i), the following sub-clause shall be substituted, namely ;-
“(i) to make a copy of the film, including –
(A) a photograph of any image forming part thereof ; or
(B) storing of it in any medium by electronic or other means ;”
(b) for sub-clause (ii), the following sub-clause shall be substituted, namely,-
“(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film,”;
(iii) in clause (e),
(a) in sub-clause (i), after the words “embodying it”, the words “including storing of it in any
medium by electronic or other means” shall be inserted ;
(b) for sub-clause (ii), the following sub-clause shall be substituted, namely :-
“(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the
sound recording,” ;
6.
Amendment of section 15. - In section 15 of the principal Act, for the words and figures, “Designs Act, 1911”,
wherever they occur, the words and figures “Designs Act, 2000” shall be substituted. (2 of 1911, 15 of 2000)
7.
Amendment of section 17. - In section 17 of the principal Act, in clause (e), the following proviso shall be inserted
at the end, namely :-
Provided that in case of any work incorporated in a cinematograph work, nothing contained in clauses (b) and (c) shall
affect the right of the author in the work referred to in clause (a) of sub-section (1) of section 13,” ;
8.
Amendment of section 18. - In section 18 of the principal Act, in sub-section (1), after the proviso, the following
provisos shall be inserted, namely :-
“Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which
did not exist or was not in commercial use at the time when the assignment was made, unless the assignment
specifically referred to such medium or mode of exploitation of the work ;
Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or
waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilisation of
such work in any form other than for the communication to the public of the work along with the cinematograph film in
a cinema half, except to the legal heirs of the authors or to a copyright society for collection and distribution and any
agreement to contrary shall be void :
Provided also that the author of the literary or musical work included in the sound recording but not forming part of
any cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the
assignee of copyright for any utilisation of such work except to the legal heirs of the authors or to a collecting society
for collection and distribution and any assignment to the contrary shall be void.”
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9.
Amendment of section 19.- In section 19 of the principal Act,-
(i) in sub-section (3), for the words “royalty payable, if any”, the words “royalty and any other consideration payable”
shall be substituted ;
(ii) after sub-section (7), the following sub-sections shall be inserted, namely :-
“(8) The assignament of copyright in any work contrary to the terms and conditions of the rights already assigned to a
copyright society in which the author of the work is a member shall be void.
(9) No assignment of copyright in any work to make a cinematograph film shall aftect the right of the author of the
work to claim an equal share of royalties and consideration payable in case of utilisation of the work in any form other than
for the communication to the public of the work, along with the cinematograph film in a cinema hall.
(10) No assignment of the copyright in any work to make a sound recording which does not form part of any
cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration
payable for any utilisation of such work in any form.”
10. Amendment of section 19A. - In section 19A of the principal Act, -
(i) in sub-section(2), in the second proviso, for the words “Provided further that”, the following shall be substituted,
namely :-
“Provided further that, pending the disposal of an application for revocation of assignment under this sub-section, the
Copyright Board may pass such order, as it deems fit regarding implementation of the terms and conditions of
assignment including any consideration to be paid for the enjoyment of the rights assigned :-
Provided also that” ;
(ii) after sub-section (2), the following sub-section shall be inserted, namely :-
“(3) Every complaint received under sub-section (2) shall be dealt with by the Copyright Board as far as
possible and efforts shall be made to pass the final order in the matter within a period of six months from the
date of receipt of the complaint and any delay in compliance of the same, the Copyright Board shall record the
reasons thereof.” ;
11. Amendment of section 21. - In section 21 of the principal Act,-
(i)
in sub-section (1), for the words “the Registrar of Copyright”, the words “the Registrar of Copyrights or by
way of public notice” shall be substituted ;
(ii)
after sub-section (2), the following sub-section shall be inserted, namely :-
“(2A) The Registrar of Copyright shall, within fourteen days from the publication of the notice in the Official
Gazette, post the notice on the official website of the Copyright Office so as to remain in the public domain for a
period of not less than three years.” ;
12. Amendment of section 22. - In section 22 of the principal Act, the brackets and words “(other than a photograph)”
shall be omitted.
13. Omission of section 25.- Section 25 of the principal Act, shall be omitted.
14. Amendment of section 30. - In section 30 of the principal Act, for the words “writing signed by him”, the words
“writing by him” shall be substituted.
15. Amendment of Section 30A. – In section 30A of the principal Act and in its marginal heading, for the words, figures
and letter, “section 19 and 19A”, the word and figures “section 19” shall be substituted.
16. Amendment of section 31. – In section 31 of the principal Act,-
(i) in sub-section (1),-
(a) for the words “any Indian work”, the words “any work” shall be substituted ;
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(b) for the words “licence to the complainant” the words “licence to such person or persons who, in the
opinion of the Copyright Board, is or are qualified to do so” shall be substituted ;
(c) the Explanation shall be omitted ;
(ii) sub-section (2) shall be omitted.
17. Amendment of Section 31A. – In section 31A of the Principal Act,–
(i) in the marginal heading, for the words “Indian works”, the words “or published works” shall be substituted ;
(ii) for sub-section (1), the following sub-section shall be substituted, namely :-
“(1) Where, in the case of any unpublished work or any work published or communicated to the public and the
work is withheld from the public in India, the author is dead or unknown or cannot be traced, or the owner of the
copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish or
communicate to the public such work or a translation thereof in any language.”
18. Insertion of new sections 31B, 31C and 31D.- After section 31A of the principal Act, the following sections shall be
inserted, namely :-
“31B. Compulsory licence for benefit of disabled.- (1) Any person working for the benefit of persons with
disability on a profit basis or for business may apply to the Copyright Board, in such form and manner and
accompanied by such fee as may be prescribed, for a compulsory licence to publish any work in which copyright
subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply
and the Copyright Board shall dispose of such application as expeditiously as possible and endeavour shall be made
to dispose of such application within a period of two months from the date of receipt of the application.
(2) The Copyright Board may, on receipt of an application under sub-section (1), inquire, or direct such inquiry
as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been
made in good faith.
(3) If the Copyright Board is satisfied, after giving to the owners of rights in the work a reasonable opportunity of
being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued
to make the work available to the disabled, it may direct the Registrar of Copyrights to grant to the applicant such a
licence to publish the work.
(4) Every compulsory licence issued under this section shall specify the means and format of publication, the
period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of
copies that may be issued including the rate or royalty :
Provided that where the Copyright Board has issued such a compulsory licence it may, on a further application
and after giving reasonable opportunity to the owners of rights, extend the period of such compulsory licence and
allow the issue of more copies as it may deem fit.
31C. Statutory licence for cover versions.- (1) Any person desirous of making a cover version, being a sound
recording in respect of any literary, dramatic or musical work, where sound recordings of that work have been made
by or with the licence or consent of the owner of the right in the work, may do so subject to the provisions of this
section ;
Provided that such sound recordings shall be in the same medium as the last recording, unless the medium of
the last recording is no longer in current commercial use.
(2) The person making the sound recordings shall give prior notice of his intention to make the sound recordings
in the manner as may be prescribed, and provide in advance copies of all covers or labels with which the sound
recordings are to be sold, and pay in advance, to the owner of rights in each work royalties in respect of all copies to
be made by him, at the rate fixed by the Copyright Board in this behalf.
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Provided that such sound recordings shall not be sold or issued in any form of packaging or with any cover or
lable which is likely to mislead or confuse the public as to their identity, and in particular shall not contain the name or
depict in any way any performer of an earlier sound recording of the same work or any cinematograph film in which
such sound recording was incorporated and, further, shall state on the cover that it is a cover version made under
this section.
(3) The person making such sound recordings shall not make any alteration in the literary or musical work which
has not been made previously by or with the consent of the owner of rights, or which is not technically necessary for
the purpose of making the sound recordings :
Provided that such sound recordings shall not be made until the expiration of five calendar years after the end
of the year in which the first sound recordings of the work was made.
(4) One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each
work during each calendar year in which copies of it are made :
Provided that the Copyright Board may, by general order, fix a lower minimum in respect of works in a particular
language or dialect having regard to the potential circulation of such works.
(5) The person making such sound recordings shall maintain such registers and books of account in respect
thereof, including full details of existing stock as may be prescribed and shall allow the owner of rights or his duly
authorised agent or representative to inspect all records and books of account relating to such sound recording ;
Provided that if on a complaint brought before the Copyright Board to the effect that the owner of rights has not
been paid in full for any sound recordings purporting to be made in pursuance of this section, the Copyright Board is,
prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the
sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make
such further order as if may deem fit, including an order for payment of royalty.
Explanation.-For the purposes of this section “cover version” means a sound recording made in accordance
with this section.
31D. Statutory licence for broadcasting of literary and musical works and sound recording.- (1) Any
broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance
of a literary or musical work and sound recording which has already been published may do so subject to the
provisions of this section.
(2) The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention
to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of
rights in each work royalties in the manner and at the rate fixed by the Copyright Board.
(3) The rates of royalty for radio broadcasting shall be different from television broadcasting and the Copyright
Board shall fix separate rates for radio broadcasting and television broadcasting.
(4) In fixing the manner and the rate of royalty under sub-section (2), the Copyright Board may require the
broadcasting organisation to pay an advance to the owners of rights.
(5) The names of the authors and the principal performers of the work shall, except in case of the broadcasting
organisation communicating such work by way of performance, be announced with the broadcast.
(6) No fresh alteration to any literary or musical work, which is not technically necessary for the purpose of
broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the
owners of rights.
(7) The broadcasting organisation shall-
(a) maintain such records and books of account, and render to the owners of rights such reports and
accourts; and
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(b) allow the owner of rights or his duly authorised agent or representative to inspect all records and books of
account relating to such broadcast, in such manner as may be prescribed.
(8) Nothing in this section shall affect the operation of any licence issued or any agreement entered into before
the commencement of the Copyright (Amendment) Act, 2012 ;
19. Amendment of Section 33.- In section 33 of the principal Act,-
(i) in sub-section (1), for the words “provided further”, the following shall be substituted, namely :-
“Provided further that the business of issuing or granting license in respect of literary, dramatic, musical and artistic
works incorporated in a cinematograph films or sound recondings shall be carried out only through a copyright society duly
registered under this Act :
Provided also”,
(ii) after sub-section (3), the following shall be inserted, namely :-
“(3A) The registration granted to a copyright society under sub-section (3) shall be for a period of five years and
may be renewed from time to time before the end of every five years on a request in the prescribed form and the
Central Government may renew the registration after considering the report of Registrar of Copyrights on the
working of the Copyright society under section 36 :
Provided that the renewal of the registration of a copyright society shall be subject to the continued collective control of the
copyright society being shared with the authors of works in their capacity as owners of copyright or of the right to receive royalty :
Provided further that every copyright society already registered before the coming into force of the copyright (Amendment)
Act, 2012 shall get itself registered under this Chapter within a period of one year from the date of commencement of the Copyright
(Amendment) Act, 2012” ;
(iii) In sub-section (4) and (5), for the words “owners of rights”, the words “authors and other owners of right” shall be
substituted ;
(iv) in sub-section (5), after the word “concerned” the words “or for non-compliance of sections 33A. Sub-section (3)
of section 35 and section 36 or any change carried out in the instrument by which the copyright society is established or
incorporated and registered by the Central Government without prior notice to it” shall be inserted.
20. Insertion of new section 33A.-After section 33 of the principal Act, the following section shall be inserted, namely :-
“33A.Tariff Scheme by copyright societies- (1) Every copyright society shall publish its tariff scheme in such
manner as may be prescribed.
(2)Any person who is aggrieved by the tariff scheme may appeal to the Copyright Board and the Board may, if
satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any
unreasonable element, anomaly or inconsistency therein :
Provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen
due before making an appeal to the Copyright Board and shall continue to pay such fee until the appeal is decided, and
the Board shall not issue any order staying the collection of such fee pending disposal of the appeal :
Provided further that the Copyright Board may after hearing the parties fix an interim tariff and direct the aggrieved
parties to make the payment accordingly pending disposal of the appeal.” :
21. Amendment of section 34.- In section 34 of the principal Act, for the words “owner of rights”, wherever they occur,
the words “author and other owners of right” shall be substituted.
22. Omission of section 34A.- Section 34A of the principal Act shall be omitted.
23. Amendment of section 35.- In section 35 of the principal Act and its marginal heading,-
(a) for the words “owners of rights”, wherever they occur, the words “author and other owners of right” shall be
substituted ;
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(b) after sub-section (2). the following sub-sections shall be inserted, namely :-
(3) Every copyright society shall have a governing body with such number of persons elected from among the
members of the society consisting of equal number of authors and owners of work for the purpose of the
administration of the society as may be specified.
(4) All members of copyrights society shall enjoy equal membership rights and there shall be no discrimination
between authors and owners of rights in the distribution of royalties.
24. Amendment of section 36A.- In section 36A of the principal Act,-
(a) for the words “performing rights society”, the words “copyright society” shall be substituted ;
(b) for the words, brackets and figures “the Copyright (Amendment) Act, 1994”, (38 of 1994) the words,
brackets and figures “the Copyright (Amendment) Act, 2012” shall be substituted.
25. Amendment of section 37.- In section 37 of the principal Act, in sub-section (3), for clause (e), the following clause
shall be substituted, namely :-
“(e) sells or gives on commercial rental or offer for sale or for such rental, any such sound recording or visual
recording referred to in clause (c) or clause (d)”.
26. Amendment of section 38.- In section 38 of the principal Act, sub-sections (3) and (4) shall be omitted.
27. Insertion of new sections 38A and 38B.- After section 38 of the principal Act, the following sections shall be
inserted. namely :-
“38A. Exclusive right of performers.- (1) Without prejudice to the rights conferred on authors, the performer’s
right which is an exclusive right subject to the provisions of this Act to do or authorise for doing any of the following
acts in respect of the performance or any substantial part thereof, namely :-
(a) to make a sound recording or a visual recording of the performance, including –
(i) reproduction of it in any material form including the storing of it in any medium by electronic or any
other means ;
(ii) issuance of copies of it to the public not being copies already in circulation ;
(iii)communication of it to the public ;
(iv)selling or giving it on commercial rental or offer for sale or for commercial rental any copy of the
recording ;
(b) to broadcast or communicate the performance to the public except where the performance is already
broadcast.
(2) Once a performer has, by written agreement, consented to the incorporation of his performance in a
cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the
producer of the film of the performer’s right in the same film ;
Provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled for
royalties in case of making of the performances for commercial use.
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38B. Moral rights of the performer.- The performer of a performance shall, independently of his right after
assignment, either wholly or partially of his right, have the right,-
(a) to claim to be indentified as the performer of his performance except where omission is dictated by the
manner of the use of the performance ; and
(b) to restrain or claim damages in respect of any distortion, mutilation or other modification of his
performance that would be prejudicial to his reputation.
Explanation.- For the purposes of this clause, it is hereby clarified that mere removal of any portion of a
performance for the purpose of editing, or to fit the recording within a limited duration, or any other
modification required for purely technical reasons shall not be deemed to be prejudicial to the performer’s
reputation.
28.
Substitution of a new section for section 39A.- For section 39A of the principal Act, the following section shall be
substituted, namely :-
“39A. Certain provisions to apply in case of broadcast reproduction right and performer’s rights.- (1)
Sections 18,19,30,30A,33,33A,34,35,36,53,55,58,63,64,65,65A,65B and 66 shall, with necessary adaptations and
modifica-tions,apply in relation to the broadcast reproduction right in any broadcast and the performer’s right in any
performance as they apply in relation to copyright in a work :
Provided that where copyright or performer’s right subsists in respect of any work or performance that has been
broadcast, no licence to reproduce such broadcast, shall be given without the consent of the owner of right or performer,
as the case may be, or both of them :
Provided further that the broadcast reproduction right or performer’s right shall not subsist in any broadcast or
performance if that broadcast or performance is an infringement of the copyright in any work.
(2) The broadcast reproduction right or the performer’s right shall not affect the separate copyright in any work in
respect of which, the broadcast or the performance, as the case may be, is made.”.
29.
Amendment of section 40.- In section 40 of the principal Act, in the proviso, in clause (iii) after the
words “the order relates” the words “but such a term of copyright shall not exceed the term of copyright provided under this Act”
shall be inserted.
30.
Amendment of section 40A.- In section 40A of the principal Act, in sub-section (2), in clause (ii), the following
proviso shall be inserted, namely :-
“Provided that it does not exceed the period provided under this Act,”.
31.
Amendment of section 45.- In section 45 of the principal Act, in sub-section (1), in the proviso,-
(i) for the words “relation to any goods”, the words “relation to any goods or services” shall be substituted ;
(ii) for the words and figures “section 4 of the Trade and Merchandise Marks Act, 1958” (43 of 1958) the words
and figures “section 3 of the Trade Marks Act, 1999” (47 of 1999) shall be substituted.
32.
Amendment of section 52.- In section 52 of the principal Act, in sub-section (1),-
(i) for clause (a), the following clause shall be substituted, namely :-
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(a) a fair dealing with any work, not being a computer programme, for the purposes of-
(i) private or personal use, including research ;
(ii) criticism or review, whether of that work or of any other work ;
(iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in
public.
Explanation.-The storing of any work in any electronic medium for the purposes mentioned in this
clause, including the incidental storage of any computer programme which is not itself an infringing copy
for the said purposes, shall not constitute infringement of copyright” ;
(ii)for clauses (b),(c),(d),(e),(f),(g),(h), (i) and (j), the following shall be substituted, namely :-
“(b) the transient or incidental storage of a work or performance purely in the technical process of electronic
transmission or communication to the public ;
(c) transient or incidental storage of a work or performance for the purpose of providing electronic links, access
or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless
the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy :
Provided that if the person responsible for the storage of the copy has received a written complaint from the
owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person
responsible for the storage shall refrain from facilitating such accesss for a period of twenty-one days or till he
receives an order from the competent court refraining from facilitating access and in case no such order is received
before the expiry of such period of twenty-one days, he may continue to provide the facility of such access ;
(d) the reproduction of any work for the purpose of a judicial proceeding or for the purpose of a report of a
judicial proceeding :
(e) the reproduction or publication of any work prepared by the Secretariat of a Legislature or, where the
Legislature consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of
the members of that Legislature,” ;
(f) the reproduction of any work in a certified copy made or supplied in accordance with any law for the time
being in force ;
(g) the reading or recitation in public of reasonable extracts from a published literacy or dramatic work ;
(h) the publication in a collection, mainly composed of non-copyright matter, bona fide intended for instructional
use, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short
passages from published literary or dramatic works, not themselves published for such use in which copyright
subsists :
Provided that not more than two such passages from works by the same author are published by the same
publisher during any period of five years.
Explanation.- In the case of a work of joint authorship, references in this clause to passages from works shall
include references to passages from works by any one or more of the authors of those passages or by any one or
more of those authors in collaboration with any other person ;
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(i) the reproduction of any work –
(i)by a teacher or a pupil in the course of instruction ; or
(ii) as part of the questions to be answered in an examination ; or
(iii)in answers to such questions ;
(j) the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work
by the staff and students of the institution, or of a cinematograph film or a sound recording if the audience is limited
to such staff and students, the parents and guardians of the students and persons connected with the activities of
the institution or the communication to such an audience of a cinematograph film or sound recording,” ;
(iii) for clause (n), the following clause shall be substituted, namely :-
“(n) the storing of a work in any medium by electronic means by a non-commercial public library, for preservation if
the library already possesses a non-digital copy of th work,” ;
(iv) in clause (o), for the words “public library”, the words, “non-commercial public library” shall be substituted :
(v)after clause (v), the following clause shall be inserted, namely :-
“(w) the making of a three-dimensional object from a two-dimensional artistic work, such as a technical drawing, for
the purposes of industrial application of any purely functional part of a useful device ;
(vi) in clause (y), for the words “dramatic or”, the words “dramatic, artistic or” shall the substituted ;
(vii) after clause (za) and the Explanation thereunder, the following shall be inserted, namely :-
“(zb) the adaptation, reproduction, issue of copies or communication to the public of any work in any accessible
format, by-
(i) any person to facilitate persons with disability to access to works including sharing with any person with
disability of such accessible format for private or personal use, educational purpose or research ; or
(ii) any organisation working for the benefit of the persons with disabilities in case the normal format prevents
the enjoyment of such works by such persons ;
Provided that the copies of the works in such accessible format are made available to the persons with
disabilities on a non-profit basis but to recover only the cost of production :
Provided further that the organisation shall ensure that the copies of works in such accessible format are
used only by persons with disabilities and takes reasonable steps to prevent its entry into ordinary channels of
business.
Explanation.-For the purposes of this sub-clause, “any organisation” includes and organisation registered
under section 12A of the Income-tax Act, 1961 (43 of 1961) and working for the benefit of persons with disability
or recognised under Chapter X of the Persons with Disabilities (Equal Opportunities, Protection or Rights and
full Participation) Act, 1995 (1 of 1996) or receiving grants fromt he government for facilitating access to
persons with disabilities or an educational institution of library or archives recognised by the Government.”.
(zc) the importation of copies of any literary or artistic work, such as labels, company logos or promotional
or explanatory material, that is purely incidental to other goods or products being imported lawfully”.
224
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33.
Omission of section 52B.- Section 52B of the principal Act shall be omitted.
34.
Substitution of new section for section 53.- For section 53 of the principal Act, the following section shall be
substituted, namely :-
“53. Importation of infringing copies.- (1) The owner of any right conferred by this Act in respect of any work or
any performance embodied in such work, or his duly authorised agent, may give notice in writing to the
Commissioner of Customs, or to any other officer authorised in this behalf by the Central Board of Excise and
Customs,-
(a)that he is the owner of the said right, with proof thereof, and
(b)that he requests the Commissioner for a period specified in the notice, which shall not exceed one year, to
treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected
to arrive in India at a time and a place specified in the notice.
(2) The Commissioner, after scrutiny of the evidence furnished by the owner of the right and on being
satisfied may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibited goods
that have been imported into India, excluding goods in transit ;
Provided that the owner of the work deposits such amount as the Commissioner may require as security
having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in case it
is found that the works are not infringing copies.
(3) When any goods treated as prohibited under sub-section (2) have been detained, the Customs Officer
detaining them shall inform the importer as well as the person who gave notice under sub-section(1) of the
detention of such goods within forty-eight hours of their detention.
(4) The Customs Officer shall release the goods, and they shall no longer be treated as prohibited goods, if
the person who gave notice under sub-section(1) does not produce any order from a court having jurisdiction as
to the temporary or permanent disposal of such goods within fourteen days from the date of their detention.”.
35. Amendment of section 55.- In section 55 of the principal Act, in sub-section (2), for the portion beginning with
the words “a name purporting to be” and ending with the words “as the case may be, appears”, the following shall be substituted,
namely :-
“or, subject to the provisions of sub-section (3) of section 13, a cinematograph film or sound recording, a name
purporting to be that of the author, or the publisher, as the case may be, of that work, appears”.
36. Amendment of section 57.- In section 57 of the principal Act,-
(i) in sub-section (1), in clause (b), the words “which is done before the expiration of the term of copyright” shall
be omitted ;
(ii) in sub-section(2), the words “other than the right to claim authorship of the work” shall be omitted.
37. Insertion of new sections 65A and 65B.- After section 65 of the principal Act, the following sections shall be
inserted, namely :-
“65A.Protection of technological measures.- (1) Any person who circumvents an effective technological
measure applied for the purpose of protecting any of the rights conferred by this Act, with the intention of infringing
such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.
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(2) Nothing in sub-section (1) shall prevent any person from,-
(a) doing anything referred to therein for a purpose not expressly prohibited by this Act ;
Provided that any person facilitating circumvention by another person of a technological measure for such a
purpose shall maintain a complete record of such other person including his name, address and all relevant particulars
necessary to identify him and the purpose for which he has been facilitated ; or
(b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy ; or
(c)
conducting any ; lawful investigation ; or
(d)
doing anything necessary for the purpose of testing the security of a computer system or a computer network
with the authorisation of its owner ; or
(e)operator ; or
(f)doing anything necessary to circumvent technological measures intended for identification or surveillance of a
user ; or
(g)taking measures necessary in the interest of national security.
65B. Protection of Rights Management information.- Any person, who knowingly,-
(i)removes or alters any rights management information without authority ; or
(ii) distributes, imports for distribution, broadcasts or communicates to the public, without authority, copies
of any work, or performance knowing that electronic rights management information has been removed or
altered without authority,
Shall be punishable with imprisonment which may extend to two years and shall also be liable to fine :
Provided that if the rights management information has been tampered with in any work, the owner of
copyright in such work may also avail of civil remedies provided under Chapter XII against the persons
indulging in such acts.”
38. Amendment of section 66.- In section 66 of the principal Act, after the words “delivered upto the owner of the
copyright”, the words “or may make such order as it may deem fit regarding the disposal of such copies or plates” shall be inserted.
39. Amendment of section 78.- In Section 78 of the principal Act, in sub-section (2),-
(i) for clause (a), the following clause shall be substituted, namely:-
(a) the salaries and allowances payable to and the other terms and conditions of service of the chairman and
other members of the Copyright Board under sub-section (2) of section 11 ;
“(cA) the form and manner in which an organisation may apply to the Copyright Board for compulsory licence
for disabled and the fee which may accompany such application under sub-section (1) of section 31B ;
(cB) the manner in which a person making sound recording may give prior notice of his intention to make sound
recording under sub-section (1) of section 31C.
(cC) the register and books of account and the details of existing stock which a person making sound recording
may maintain under sub-section (5) of section 31C ;
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(cD) the manner in which prior notice may be given by a broadcasting organisation under sub-section (2) of
section 31D.
(cE) the reports and accounts which may be maintained under clause (a), and the inspection of records and
books of account which may be made under clause (b) of sub-section (7) of section 31D”.
(iii)after clause(cc), the following clauses shall be inserted, namely :-
“(ccA) the manner in which a copyright society may publish its Tariff Scheme under sub-section (1) of section
33A.
(ccB) the fee which is to be paid before filing an appeal to the Copyright Board under sub-section (2) of section
33A,”
(ccC) the form of application for renewal of registration of a copyright society and the fee which may accompany
such application under sub-section (3A) of section 33 ;
(iv) clause (db) shall be omitted.
V.K. BHASIN,
Secretary to the Govt. of India.
P.R. 63
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¸ÀASÉå: ¸ÀAªÀå±ÁE 36 PÉä¥Àæ 2012, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 07£Éà DUÀ¸ïÖ, 2012.
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F PɼÀPÀAqÀ G.S.R. 347(E) ¢£ÁAPÀ: 09-05-2012 C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Industrial Policy and Promotion)
NOTIFICATION
New Delhi, the 9th May, 2012
G.S.R. 347(E).- In exercise of the powers conferred by clause (f) of Sub-Section (1A) of section 28A of the Boilers Act 1923
(5 of 1923), the Central Government hereby makes the following rules further to amend the Boiler Attendants Rules, 2011, namely:-
1. (1) These Rules may be called Boiler Attendants` (Amendment) Rules, 2012.
(2) They shall come into force on the date of their publication in the Official Gazette.
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2. In the Boiler Attendants` Rules, 2011, (hereinafter referred to as the said rules), in rule 9, in sub-rule (1) of Hindi
version, the word “Central " Shall be omitted.
3. In the said rules, in rule 23, for sub-rule (2), the following sub-rules shall be substituted, namely:-
“(2) A certificate of the Second Class shall qualify the holder thereof to be in-charge of a single boiler with steam pipes
of any type, the total heating surface of which does not exceed two hundred square meters.
(2A) A Second Class boiler attendant may, however, attend to a battery of boilers consisting of not more than three
connected boilers not exceeding two hundred square meters in aggregate of total heating surface and such boilers shall
be situated within a radius of thirty meters in the same premises and belong to one owner.
Provided that boiler attendant shall be assisted by such number of firemen as are considered necessary by the Chief
Inspector or Director of Boilers."
4. In the said rules, in rule 24, after sub-rule (2), the following sub-rule shall be inserted, namely:-
" (3) A person holding a certificate as Boiler Attendant issued by an Industrial Training Institute recognized by the
Maharashtra State Board of Vocational Examination and having a post qualification experience of not less than one
year in the capacity of a Fireman or Operator or an Assistant Fireman or an Assistant Operator on a steam boiler may
make an application to the Chairman of the Board in the State of Maharashtra, for endorsement, to have the certificate,
equivalent to the Second Class Boiler Attendant Certificate of Competency. "
5. In the said rules, in the rule 31 for sub-rule (b), the following sub-rule shall be substituted, namely:-
“(b) has served for not less than two years, in the capacity of a Fireman or Operator or Pump man or
Water man or an Assistant Fireman or Assistant Operator on a steam boiler;”
6. In the said rules, for “Form C", the following Form shall be substituted. namely:-
“Form C
(See Rule 41)
(Second Class Boiler Attendant Certificate of Competency)
(Granted under rule 41 of the Boiler Attendants 'Rules, 2011)
No………………………………….of……………………
Shri ……………………………………………..……………………………. aged about …………..……….. years, at present
residing at ……………………………………….. having satisfied the Board of Examiners of his competency to fulfill the duties of
Second Class Boiler Attendant, is granted under the Boiler Attendants' Rules, 2011, this certificate of competency as a Second
Class Boiler Attendant authorizing him to have charge of a single boiler with steam pipes of any type, the heating surface of which
does not exceed 200 square meters. He may, however, attend to a battery of boilers consisting of not more than three connected
boilers (not exceeding 200 square meters in aggregate of total heating surface) provided that such boilers shall be situated
228
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within a radius of 30 meters in the same premises and belong to one owner and provided that he is assisted by the number of
firemen as are considered necessary by the Chief Inspector of Boilers.
Dated at ………………. this ………………. day of …………………………………….. 20 ……...
Secretary
Board of Examiners
Chairman
Board of Examiner
PHOTO
Description n Roll
1. Date and Place of Birth……………………….
2. Permanent address……………………………
3. Nationality……………………………………...
4. Height (without shoes)………………………….
5. Marks of Identification……………………….
6. Left Thumb impression…………………….
Signature of applicant
Endorsements……………………………….."
[F. No. 6(11)/2009-Boilers]
SHUBHRA SINGH, Jt Secy.
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¦.Dgï. 64
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