(521)

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F PÉ¼ÀPÀAqÀ The Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly

Constituencies (Second) Ordinance, 2013 (No. 6 of 2013) 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 5^th June, 2013

THE READJUSTMENT OF REPRESENTATION OF SCHEDULED CASTES

AND SCHEDULED TRIBES IN PARLIAMENTARY AND ASSEMBLY

CONSTITUENCIES (SECOND) ORDINANCE, 2013

[No. 6 of 2013]

Promulgated by the President in the Sixty-fourth Year of the Republic of India.

ORDINANCE

to provide for the readjustment of seats in the House of the People and in the Legislative Assemblies of the States and for the

readjustment of territorial constituencies therefore, insofar as such readjustment is necessitated by inclusion in or exclusion from the

lists of the Scheduled Castes and the Scheduled Tribes and for matters connected therewith or incidental thereto.

WHEREAS the Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly

Constituencies Ordinance, 2013, to provide for the aforesaid matters, was promulgated by the President on the 30th January, 2013;

¸ÀA¥ÀÄl 148

Volume 148

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Bangalore, Thursday, November 21, 2013 ( Karthika 30, Shaka Varsha 1935)

¸ÀAaPÉ 46

Issue 46

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AND WHEREAS the Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and

Assembly Constituencies Bill, 2013 was introduced in the Council of States to replace the said Ordinance;

AND WHEREAS the said Bill was referrred by the Chairman of the Council of States to the Department Related Parliamentary

Standing Committee on Personnel, Public Grievances, Law and Justice on the 18th March, 2013;

AND WHEREAS the said Standing Committee presented its Fifty-ninth Report to the Council of States on the 2nd May, 2013

recommending that the Bill be passed;

AND WHEREAS the said Ordinance has lapsed;

AND WHEREAS the said Bill could not be passed by the Council of the States;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary

for him to take immediate action to validate the action taken under the said Ordinance so lapsed and to take further action to provide for

the aforesaid matters;

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 Readjustment of Representation of Scheduled

Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies (Second) Ordinance, 2013.

(2) It shall be deemed to have come into force on the 30th day of January, 2013.

2. Definitions.—In this Ordinance, unless the context otherwise requires,—

(a)

“Census Commissioner” means the Census Commissioner appointed under sub-section (1) of section 4 of the

Census Act, 1948 (37 of 1948);

(b)

“Commission” means the Election Commission referred to in article 324 of the Constitution;

(c)

“Delimitation Act” means the Delimitation Act, 2002 (33 of 2002);

(d)

“Delimitation Order” means the Delimitation of Parliamentary and Assembly Constituencies Order, 2008;

(e)

“last census” means the census held in India in 2001;

(f)

“Scheduled Castes Orders” means the Constitution (Scheduled Castes) Order, 1950, the Constitution

(Scheduled Castes) (Union Territories) Order, 1951, the Constitution (Dadra and Nagar Haveli) Scheduled

Castes Order, 1962 and the Constitution (Puducherry) Scheduled Castes Order, 1964, made by the President

under article 341 of the Constitution;

(g)

“Scheduled Tribes Orders” means the Constitution (Scheduled Tribes) Order, 1950, the Constitution

(Scheduled Tribes) (Union Territories) Order, 1951, the Constitution (Scheduled Tribes) (Uttar Pradesh) Order,

1967 and the Constitution (Sikkim) Scheduled Tribes Order, 1978, made by the President under article 342 of

the Constitution; .

(h)

“State” includes a Union territory having a Legislative Assembly but does not include the State of Jammu and

Kashmir.

3. Estimation of Population of Scheduled Castes and Scheduled Tribes.— (1) As soon as may be after the commencement

of this Ordinance, the population as at the last census, of the Scheduled Castes or, as the case may be, of the Scheduled Tribes, in

each State shall be ascertained or estimated by the Census Commissioner.

(2) Where by reason of the amendments made in the Scheduled Castes Orders and the Scheduled Tribes Orders after the last

census and upto 31st May, 2012, the population of the Scheduled Castes or the Scheduled Tribes as at the last census is varied in a

State, the Census Commissioner shall ascertain or estimate as on the 1st day of March, 2001, the population of the Scheduled Castes

or the Scheduled Tribes so varied, and also ascertain or estimate the proportion of such population of the Scheduled Castes or the

Scheduled Tribes, respectively, to the total population of the State in the last census.

(3) The population figures ascertained or estimated under sub-section (2) shall be notified by the Census Commissioner in the

Gazette of India.

(4) The population figures so notified shall be taken to be the relevant population figures as ascertained or estimated at the last

census and shall supersede any figures previously published; and the figures so notified shall be final and shall not be called in question

in any court.

4. Readjustment of Teritorial Constituencies by Commission.—(1) After the population figures have been notified for any

State under section 3, the Commisson shall make such amendments as may be necessary in the Delimitation Order, having regard to

the provisions of articles 81, 170, 330 and 332 of the Constitution, of section 8 of the Delimitation Act, and of this Ordinance, for the

purpose of giving proper representation to the Scheduled Castes or, as the case may be, to the Scheduled Tribes of that State, and the

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523

First Schedule and the Second Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to have been

amended accordingly.

(2) In making any amendments in the Delimitation Order under subsection (1), the Commission shall, as far as may be

necessary, have regard to the provisions of clauses (c) and (d) of sub-section (1) of section 9 of the Delimitation Act.

(3) The Commission shall—

(a)

publish its proposals for the amendments in the Gazette of India and the Official Gazette of the State concerned

and also in such other manner as it thinks fit;

(b)

specify a date on or after which such proposals will be further considered by it;

(c)

consider all objections and suggestions which may have been received by it before the date so specified and for

such consideration hold one or more public sittings at such place or places in each State as it thinks fit; and

(d)

thereafter make necessary amendments in the Delimitation Order.

5. Procedure and Powers of Commission.—(1) In the discharge of its functions under this Ordinance, the Commission shall

determine its own procedure and shal1 have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while

trying a suit, in respect of the following matters, namely:—

(a)

summoning and enforcing the attendance of witnesses;

(b)

requiring the production of any document; and

(c)

requisitioning any public record from any court or office.

(2) The Commission shall have the power to require any person to furnish any information on such points or matters as, in the

opinion of the Commission, may be useful for, or relevant to, any matter under the consideration of the Commission.

(3) The Commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal

Procedure, 1973 (2 of 1974.)

Explanation.—For the purposes of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Commission

shall be the limits of the territory of India.

6. Publication of amendments and their dates of operation.—(1) The Commission shall cause the amendments made by it

in the Delimitation Order to be published in the Gazette of India and in the Official Gazettes of the States concerned.

(2) Upon publication in the Gazette of India, every such amendment shall have the force of law and shall not

called

question in any court.

(3) As soon as may be after such publication in the Gazette of India, every such amendment shall be laid before the House of

the People and the Legislative Assembly of the State concerned.

(4) Subject to the provisions of sub-section (5), the readjustment of seats and territorial constituencies in the House of the

People or in the Legislative Assembly of a State necessitated by any amendments made by the Commission in the Delimitation Order

and provided for in that Order as so amended shall apply in relation to every election to the House or, as the case may be, to the

Assembly, held after the publication of such amendments in the Gazette of India and shall so apply in supersession of the provisions

relating to representation contained in the Representation of the People Act, 1950 (43 of 1950).

(5) Nothing contained in the foregoing sub-sections shall affect the representation in the House of the People or in the

Legislative Assembly of a State until the dissolution of the House or of the Assembly, as the case may be, existing on the date of

publication of the amendments made by the Commission in the Gazette of India.

7. Certain other Powers of Commission.—(1) The Commission may, from time to time, by notification in the Gazette of India

and in the Official Gazette of the State concerned,—

(a)

correct any printing mistake in the Delimitation Order as amended under this Ordinance, or any error occurring

therein from any inadvertent slip or ommission; and

(b)

where the boundaries or the name of any district or any territorial division mentioned in the said Order are or is

altered, make such amendments as appear to it to be necessary or expedient for bringing the Order up-to-date.

(2) Every notification under this section shall be laid, as soon as may be after it is issued, before the House of the People and

the Legislative Assembly of the State concerned.

8. Validation of acts done previous to the commencement of Ordinance.— All things done, and all steps taken, before the

commencement of this Ordinance by the Census Commissioner for the ascertainment or estimation of population of the Scheduled

Castes and the Scheduled Tribes, or by the Commission for the purpose of readjustment of seats and territorial constituencies shall, in

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so far as they are in conformity with the provisions of this Ordinance, be deemed to have been done or taken under these provisions as

if such provisions were in force at the time such things were done or such steps were taken.

9. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Ordinance, the Central

Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this

Ordinance, as appear to it to be necessary or expedient for removing the difficulty.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of Parliament.

10. Validation of action taken under the lapsed Ordinance 2 of 2013.— Not withstanding the lapse of the Readjustment of

Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies Ordinance, 2013, anything

done or any action taken under the said Ordinance so lapsed shall always be deemed to have been done or taken under the

corresponding provisions of this Ordinance as if such provisions had been in force at all material time.

PRANAB MUKHERJEE,

President.

N.L. MEENA,

Additional Secretary to the Government of India.

P.R. 78

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F PÉ¼ÀPÀAqÀ The Sexual Harassment of Women At Workplace (Prevention, Prohibition and Redressal) Act, 2013 (No. 14 of 2013) C£ÀÄß

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 23^rd April, 2013

The following Act of Parliament received the assent of the President on the 22^nd April, 2013, and is hereby published for

general information:-

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

[No. 14 of 2013]

(22^nd April 2013)

An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of

complaints of sexual harassment and for matters connected therewith or incidental thereto.

WHEREAS sexual harassment results in violation of the fundamental rights of a women to equality under articles 14 and 15 of

the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any

profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment;

AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognised human

rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against

Women, which has been ratified on the 25th June, 1993 by the Government of India:

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AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against

sexual harassment at workplace.

BE it enacted by parliament in the Sixty- fourth Year of the Republic of India as follows:-

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.- (1) This Act may be called the Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Act, 2013.

(2) It extends to whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.- In this Act, unless the context otherwise required,---

(a) “ aggrieved woman” means-

(i) in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of

sexual harassment by the respondent;

(ii) in relation to a dwelling place or house, a woman of any age who is employed in such a dwelling place or house;

(b) “appropriate Government” means-

(i) in relation to a workplace which is established, owned, controlled or wholly or substantially financed by funds provided directly

or indirectly-

(A) by the Central Government or the Union territory administration, the Central Government;

(B) by the State Government, the State Government;

(ii) in relation to any workplace not covered under sub-clause (i) and falling within its territory, the State Government;

(d) “District Officer” means an officer notified under section 5;

(e) “ domestic worker” means a woman who is employed to do the household work in any household for remuneration whether

in cash or kind, either directly or through any agency on a temporary, permanent, part time or full time basis, but does not include any

member of the family of the employer,

(f) “employee” means a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either

directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration

or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker,

a contract worker, probationer, trainee, apprentice or called by any other such name;

(g) “employer” means-

i) In relation to any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the

appropriate Government or a local authority, the head of that department, organisation, undertaking, establishment, enterprise,

institution, office, branch or unit or such other officer as the appropriate Government or the local authority, as the case may be, may by

an order specify in this behalf;

ii) in any workplace not covered under sub-clause (i), any person responsible for the management, supervision and control of

the workplace.

Explanation.—For the purposes of this sub-clause “management” includes the person or board or committee responsible for

formulation and administration of polices for such organisation;

iii) in relation to workplace covered under sub-clauses (i) and (ii), the person discharging contractual obligations with respect to

his or her employees;

iv) in relation to a dwelling place or house, a person or a household who employes or benefits from the employment of domestic

worker, irrespective of the number, time period or type of such worker employed, or the nature of the employment or activities

performed by the domestic worker;

(h) “Internal Committee” means an Internal Complaints Committee constituted under section 4;

i) “Local Committee” means the Local Complaints Committee constituted under section 6;

(j) “Member” means a Member of the Internal Committee or the Local Committee, as the case may be;

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(k) “prescribed” means prescribed by rules made under this Act;

(l) “Presiding Officer” means the Presiding Officer of the Internal Complaints Committee nominated under sub-section (2) of

section 4;

(m) “respondent” means a person against whom the aggrieved woman has made a complaint under section 9;

(n) “sexual harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by

implication) namely:-

i) physical contact and advances ; or

ii) a demand or request for sexual favours ; or

iii) making sexually coloured remarks; or

iv) showing pornography; or

v) any other unwelcome physical, verbal or non- verbal conduct of sexual nature;

(o) “workplace” includes—

i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is

established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government

or the local authority or a Government company or a corporation or a co-operative society;

ii) any private sector organization or a private venture, undertaking, enterprise, institution establishment, society, trust,

non- governmental organization, unit or service provider carrying on commercial. professional, vocational, educational, entertainmental,

industrial, health services or financial activities including production, supply, sale, distribution or service;

iii) hospitals or nursing homes;

iv) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training,

sports or other activities relating thereto;

v) any place visited by the employee arising out of or during the course of employment including transportation provided by the

employer for undertaking such journey;

vi) a dwelling place or a house;

(p) “unorganised sector” in relation to a workplace means an enterprise owned by individuals or self- employed workers and

engaged in the production or sale of goods or providing service of any kind whatsoever and where the enterprise employs workers, the

number of such workers is less than ten.

3. Prevention of sexual harassment.- (1) No woman shall be subjected to sexual harassment at any workplace.

(2) The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or

behaviour of sexual harassment may amount to sexual harassment:--

i) implied or explicit promise of preferential treatment in her employment ; or

ii) implied or explicit threat of detrimental treatment in her employment ; or

iii) implied or explicit threat about her present or future employment status; or

iv) interference with her work or creating an intimidating or offensive or hostile work environment for her ; or

v) humiliating treatment likely to affect her health or safety.

CHAPTER II

CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE

4. Constitution of Internal Complaints Committee.- (1) Every employer of a workplace shall, by an order in writing, constitute

a Committee to be known as the “Internal Complaints Committee”.

Provided that where the offices or administrative units of the workplace are located at different places or divisional or

sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.

(2) The Internal committee shall consist of the following members to be nominated by the employer, namely:-

a) a Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees:

Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other

offices or administrative units of the workplace referred to in sub- section (1):

Provided further that in case the other offices or administrative units of the workplace do not have a senior level

woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department

or organisation;

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b) not less than two Members from amongst employees preferably committed to the cause of women or who have had

experience in social work or have legal knowledge;

c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person

familiar with the issues relating to sexual harassment:

Provided that at least one-half of the total Members so nominated shall be women.

(3) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three

years, from the date of their nomination as may be specified by the employer.

(4) The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees

or allowances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed.

(5) Where the Presiding Officer or any Member of the Internal Committee,-

a) contravenes the provisions of section 16; or

b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against

him; or

c) he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or

d) has so abused his position as to render his continuance in office prejudicial to the public interest,

such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual

vacancy shall be filled by fresh nomination in accordance with the provisions of this section.

CHAPTER III

CONSTITUTION OR LOCAL COMPLAINTS COMMITTEE

5. Notification of District Officer.-The appropriate Government may notify a District Magistrate or Additional District Magistrate

or the Collector or Deputy Collector as a District Officer for every District to exercise powers or discharge functions under this Act.

6. Constitution and jurisdiction of Local Complaints Committee.- (1) Every District Officer shall constitute in the district

concerned, a committee to be known as the “Local Complaints Committee“ to receive complaints of sexual harassment from

establishments where the Internal Complaints Committee has not been constituted due to having less than ten workers or if the

complaint is against the employer himself.

(2) The District Officer shall designate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or

municipality in the urban area, to receive complaints and forward the same to the concerned Local Complaints Committee within a

period of seven days.

(3) The jurisdiction of the Local Complaints Committee shall extend to the areas of the district where it is constituted.

7. Composition, tenure and other terms and conditions of Local Complaints Committee.- (1) The Local Complaints

Committee shall consist of the following members to be nominated by the District Officer, namely:-—

(a) a Chairperson to be nominated from amongst the eminent women in the field of social work and committed to the cause of

women;

(b) one Member to be nominated from amongst the women working in block, taluka or tehsil or ward or municipality in the

district;

or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment, which may be

prescribed:

Provided that at least one of the nominees should, preferably, have a background in law or legal knowledge:

Provided further that at least one of the nominees shall be a woman belonging to the Scheduled Castes or the

Scheduled Tribes or the Other Backward Classes or minority community notified by the Central Government, from time

to time;

(d) the concerned officer dealing with the social welfare or women and child development in the district, shall be a member

ex-officio.

(2) The Chairperson and every Member of the Local Committee shall hold office for such period, not exceeding three years,

from the date of their appointment as may be speciﬁed by the District Officer.

(3) Where the Chairperson or any Member of the Local Complaints Committee –

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(a) contravenes the provisions of section 16; or

(b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against

him; or

(d) has so abused his position as to render his continuance in office prejudicial to the public interest,

such Chairperson or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual

vacancy shall be ﬁlled by fresh nomination in accordance with the provisions of this section.

(4) The Chairperson and Members of the Local Committee other than the Members nominated under clauses (b) and (d) of

sub-section (I) shall be entitled to such fees or allowances for holding the proceedings of the Local Committee as may be prescribed.

8. Grants and audit.- (1) The Central Government may, after due appropriation made by Parliament by law in this behalf, make

to the State Government grants of such sums of money as the Central Government may think fit, for being utilised for the payment of

fees or allowances referred to in sub-section (4) of section 7.

(2) The State Government may set up an agency and transfer the grants made under sub-section (I) to that agency.

(3) The agency shall pay to the District Officer, such sums as may be required for the payment of fees or allowances referred to

in sub-section (4) of section 7.

(4) The accounts of the agency referred to in sub-section (2) shall be maintained and audited in such manner as may, in

consultation with the Accountant General of the State, be prescribed and the person holding the custody of the accounts of the agency

shall furnish, to the State Government, before such date, as may be prescribed, its audited copy of accounts together with auditors’

report thereon.

CHAPTER IV

COMPLAINT

9. Complaint of sexual harassment.- (1) Any aggrieved woman may make, in writing, a complaint of sexual harassment at

workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three

months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident:

Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee

or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for

making the complaint in writing:

Provided further that the Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded

in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the

woman from filing a complaint within the said period.

2. Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or

otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.

10. Conciliation.- (1) The Internal Committee or, as the case may be, the Local Committee, may, before initiating an inquiry

under section 11 and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through

conciliation:

Provided that no monetary settlement shall be made as a basis of conciliation.

2. Where a settlement has been arrived at under sub-section (I), the Internal Committee or the Local Committee, as the case

may be, shall record the settlement so arrived and forward the same to the employer or the District Officer to take action as specified in

the recommendation.

3. The Internal Committee or the Local Committee, as the case may be, shall provide the copies of the settlement as

recorded under sub-section (2) to the aggrieved woman and the respondent.

4. Where a settlement is arrived at under sub-section (1), no further inquiry shall be conducted by the Internal Committee or

the Local Committee, as the case may be.

11. Inquiry Into complaint.- (1) Subject to the provisions of section 10, the Internal Committee or the Local Committee, as the

case may be, shall, where the respondent is an employee, proceed to make inquiry into the complaint in accordance with the provisions

of the service rules applicable to the respondent and where no such rules exist, in such manner as may be prescribed or in case of a

domestic worker, the Local Committee shall, if prima facie case exist, forward the complaint to the police, within a period of seven days

for registering the case under section 509 (45 of 1860) of the Indian Penal Code, and any other relevant provisions of the said Code

where applicable:

Provided that where the aggrieved woman informs the Internal Committee or the Local Committee, as the case may be, that

any term or condition of the settlement arrived at under sub-section (2) of section 10 has not been complied with by the respondent,

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the Internal Committee or the Local Committee shall proceed to make an inquiry into the complaint or, as the case may be, forward the

complaint to the police:

Provided further that where both the parties are employees, the parties shall, during the course of inquiry, be given an

opportunity of being heard and a copy of the findings shall be made available to both the parties enabling them to make representation

against the findings before the Committee.

2. Notwithstanding anything contained in section 509 (45 of 1860) of the Indian Penal Code, the court may, when the

respondent is convicted of the offence, order payment of such sums as it may consider appropriate, to the aggrieved woman by the

respondent, having regard to the provisions of section 15.

3. For the purpose of making an inquiry under sub-section (I), the Internal Committee or the Local Committee, as the case

may be, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit

in respect of the following matters, namely:-—

a. summoning and enforcing the attendance of any person and examining him on oath;

b. requiring the discovery and production of documents; and

c. any other matter which may be prescribed.

4. The inquiry under sub-section (I) shall be completed within a period of ninety days.

CHAPTER V

INQUIRY INTO COMPLAINT

12. Action during pendency of inquiry.- (1). During the pendency of an inquiry, on a written request made by the aggrieved

woman, the Internal Committee or the Local Committee, as the case may be, may recommend to the employer to—

a. transfer the aggrieved woman or the respondent to any other workplace; or

b. grant leave to the aggrieved woman up to a period of three months; or

c. grant such other relief to the aggrieved woman as may be prescribed.

2. The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise

entitled.

3. On the recommendation of the Internal Committee or the Local Committee, as the case may be, under sub-section (1), the

employer shall implement the recommendations made under sub-section (1) and send the report of such implementation to the Internal

Committee or the Local Committee, as the case may be.

13. Inquiry report.- (1) On the completion of an inquiry under this Act, the Internal Committee or the Local Committee, as the

case may be, shall provide a report of its findings to the employer, or as the case may be, the District Officer within a period of ten days

from the date of completion of the inquiry and such report be made available to the concerned parties.

2. Where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation

against the respondent has not been proved, it shall recommend to the employer and the District Officer that no action is required to be

taken in the matter.

3. Where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation

against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be.-

i. to take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to

the respondent or where no such service rules have been made, in such manner as may be prescribed;

ii. to deduct, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the

respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs, as it may determine, in

accordance with the provisions of section 15:

Provided that in case the employer is unable to make such deduction from the salary of the respondent due to his being absent

from duty or cessation of employment it may direct to the respondent to pay such sum to the aggrieved woman:

Provided further that in case the respondent fails to pay the sum referred to in clause (ii), the Internal Committee or, as the case

may be, the Local Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned District

Officer.

4. The employer or the District Officer shall act upon the recommendation within sixty days of its receipt by him.

14. Punishment for false or malicious complaint and false evidence.- (1). Where the Internal Committee or the Local

Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman

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or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person

making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer, as

the case may be, to take action against the woman or the person who has made the complaint under sub-section (1) or sub-section (2)

of section 9, as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such

service rules exist, in such manner as may be prescribed:

Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the

complainant under this section:

Provided further that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the

procedure prescribed, before any action is recommended.

2. Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that during the inquiry

any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the

witness or the District Officer, as the case may be, to take action in accordance with the provisions of the service rules applicable to the

said witness or where no such service rules exist, in such manner as may be prescribed.

15. Determination of compensation.- For the purpose of determining the sums to be paid to the aggrieved woman under

clause (ii) of sub-section (3) of section 13, the Internal Committee or the Local Committee, as the case may be, shall have regard to.

a. the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman;

b. the loss in the career opportunity due to the incident of sexual harassment;

c. medical expenses incurred by the victim for physical or psychiatric treatment;

d. the income and financial status of the respondent;

e. feasibility of such payment in lump sum or in instalments.

16. Prohibition of publication or making known contents of complaint and inquiry proceedings.- Notwithstanding

anything contained in the Right to Information Act, 2005 (22 of 2005) the contents of the complaint made under section 9, the identity

and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings,

recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the

District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in

any manner:

Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act

without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman

and witnesses.

17. Penalty for publication or making known contents of complaint and inquiry proceedings.- Where any person

entrusted with the duty to handle or deal with the complaint, inquiry or any recommendations or action to be taken under the provisions

of this Act, contravenes the provisions of section 16, he shall be liable for penalty in accordance with the provisions of the service rules

applicable to the said person or where no such service rules exist, in such manner as may be prescribed.

18. Appeal.- (1) Any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i)

or clause (ii) of sub-section (3) of section 13 or subsection (1) or sub-section (2) of section 14 or section 17 or non-implementation of

such recommendations may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to

the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in

force, the person aggrieved may prefer an appeal in such manner as may be prescribed.

2. The appeal under sub-section (1) shall be preferred within a period of ninety days of the recommendations.

CHAPTER VI

DUTIES OF EMPLOYER

19. Duties of employer.- Every employer shall—

a. provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the

workplace;

b. display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order

constituting, the Internal Committee under sub-section (1) of section 4;

c. organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of

the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed;

d. provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the

complaint and conducting an inquiry;

e. assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as

the case may be;

f. make available such information to the Internal Committee or the Local Committee, as the case may be, as it may require

having regard to the complaint made under sub-section (1) of section 9;

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g. provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal

Code 1860 in force or any other law for the time being 45 of;

h. cause to initiate action, under the Indian Penal Code (45 of 1860) or any other law for the. time being in force, against the

perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of

sexual harassment took place;

i. treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;

j. monitor the timely submission of reports by the Internal Committee.

CHAPTER VII

DUTIES AND POWERS OF DISTRICT OFFICER

20. Duties and powers of District Officer.- The District Officer shall,—

a. monitor the timely submission of reports furnished by the Local Committee;

b. take such measures as may be necessary for engaging non-governmental organisations for creation of awareness on

sexual harassment and the rights of the women.

CHAPTER VIII

MISCELLANEOUS

21. Committee to submit annual report.- (1) The Internal Committee or the Local Committee, as the case may be, shall in

each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the

employer and the District Officer.

2. The District Officer shall forward a brief report on the annual reports received under sub-section (1) to the State

Government.

22. Employer to include information In annual report.- The employer shall include in its report the number of cases filed, if

any, and their disposal under this Act in the annual report of his organisation or where no such report is required to be prepared,

intimate such number of cases, if any, to the District Officer.

23. Appropriate Government to monitor implementation and maintain data.- The appropriate Government shall monitor

the implementation of this Act and maintain data on the number of cases filed and disposed of in respect of all cases of sexual

harassment at workplace.

24. Appropriate Government to take measures to publicise the Act.- The appropriate Government may, subject to the

availability of financial and other resources, —

(a) develop relevant information, education, communication and training materials, and organise awareness programmes, to

advance the understanding of the public of the provisions of this Act providing for protection against sexual harassment of woman at

workplace,

(b) formulate orientation and training programmes for the members of the Local Complaints Committee.

25. Power to call for information and inspection of records.- (1) The appropriate Government, on being satisfied that it is

necessary in the public interest or in the interest of women employees at a workplace to do so, by order in writing,—

(a) call upon any employer or District Officer to furnish in writing such information relating to sexual harassment as it may

require;

(b) authorise any officer to make inspection of the records and workplace in relation to sexual harassment, who shall submit a

report of such inspection to it within such period as may be specified in the order.

2. Every employer and District Officer shall produce on demand before the officer making the inspection all information,

records and other documents in his custody having a bearing on the subject matter of such inspection.

26. Penalty for non-compliance with provisions of Act.- (1) Where the employer fails to—

(a) constitute an Internal Committee under sub-section (1) of section 4;

(b) take action under sections 13, 14 and 22; and

(c) contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made there under,

he shall be punishable with fine which may extend to fifty thousand rupees.

2. If any employer, after having been previously convicted of an offence punishable under this Act subsequently commits and

is convicted of the same offence, he shall be liable to-

(i) twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum

provided for the same offence:

Provided that in case a higher punishment is prescribed under any other law for the time being in force, for the offence for which

the accused is being prosecuted, the court shall take due cognizance of the same while awarding the punishment;

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(ii) cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may

be, by the Government or local authority required for carrying on his business or activity.

27. Cognizance of offence by courts.- (1) No court shall take cognizance of any offence punishable under this Act or any

rules made thereunder, save on a complaint made by the aggrieved woman or any person authorised by the Internal Committee or

Local Committee in this behalf.

2. No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence

punishable under this Act.

3. Every offence under this Act shall be non-cognizable.

28. Act not in derogation of any other law.- The provisions of this Act shall be in addition to and not in derogation of the

provisions of any other law for the time being in force.

29. Power of appropriate Government to make rules.- (1) The Central Government may, by notification in the Official

Gazette, make rules for carrying out the provisions of this Act.

2. In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the

following matters, namely:-

(a) the fees or allowances to be paid to the Members under sub-section (4) of section 4;

(b) nomination of members under clause (c) of sub-section (1) of section 7;

(d) the person who may make complaint under sub-section (2) of section 9;

(e) the manner of inquiry under sub-section (1) of section 11;

(f) the powers for making an inquiry under clause (c) of sub-section (2) of section 11;

(g) the relief to be recommended under clause (c) of sub-section (1) of section 12;

(h) the manner of action to be taken under clause (i) of sub-section (3) of section 13;

(i) the manner of action to be taken under sub-sections (1) and (2) of section 14;

(j) the manner of action to be taken under section 17;

(k) the manner of appeal under sub-section (1) of section 18;

(l) the manner of organising workshops, awareness programmes for sensitising the employees and orientation programmes

for the members of the Internal Committee under clause (c) of section 19; and

(m) The form and time for preparation of annual report by Internal Committee and the Local Committee under sub-section (I) of

section 21.

3. Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each

House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more

successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall

thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or

annulment shall be without prejudice to the validity of anything previously done under that rule.

4. Any rule made under sub-section (4) of section 8 by the State Government shall be laid, as soon as may be after it is

made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House,

before that House.

30. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central

Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as

may appear to it to be necessary for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement

of this Act.

2. Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

P.K. MALHOTRA,

Secretary to the Government of India.

P.R. 79

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 21^st May, 2013

THE INDIAN MEDICAL COUNCIL (AMENDMENT)

ORDINANCE, 2013

[No. 4 of 2013]

Promulgated by the President in the Sixty-fourth Year of the Republic of India.

An Ordinance further to amend the Indian Medical Council Act, 1956.

WHEREAS the Indian Medical Council (Amendment) Bill, 2013 further to amend the Indian Medical Council Act, 1956 (102 of

1956) was introduced in the Council of States on the 19th day of March, 2013 and is pending in that House;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary

for him to take immediate action to give effect to the provisions of the said Bill with certain modifications;

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 Indian Medical Council (Amendment)

Ordinance, 2013.

(2) It shall be deemed to have come into force on the 15th day of May, 2013.

2. Amendment of long title.—In the Indian Medical Council Act, 1956 (hereinafter referred to as the principal Act), for the long

title, the following long title shall be substituted, namely:—

“An Act to provide for the constitution of the Medical Council of India and for the determination, co-ordination, maintenance and

regulation of standards of medical education, the practice of medicine, maintenance of Indian Medical Register and to make endeavour

in making available doctors in all States and for matters connected therewith or incidental thereto.”.

3. Amendment of section 3.—In section 3 of the principal Act,—

(a) in sub-section (1),—

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

“(aa) one member, to represent the Union territories by rotation, to be nominated by the Central Government;”;

(ii) in clause (b), the following provisos shall be inserted, namely:—

“Provided that where there is a Health University in a State, that University shall elect, in such manner as may be provided by

the rules made by the Central Government, one representative for every ten medical colleges affiliated to it to represent such medical

colleges:

Provided further that a Health University with less than ten medical colleges affiliated to it, shall also be eligible to elect one

representative to represent such medical colleges:

Provided also that such number of representatives shall be reviewed by the Central Government after every four years;”;

(iii) clause (d) shall be omitted;

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

“Provided that no person shall hold office as the President or, as the case may be, the Vice-President for more than two terms.”.

4. Insertion of new section 3AA.—After section 3A of the principal Act, the following section shall be inserted, namely:—

“3AA.—Reconstitution of Council.—The Central Government shall, after the commencement of the Indian Medical Council

(Amendment) Ordinance, 2013, reconstitute the Council, by notification in the Official Gazette, and publish the names of the members

nominated or elected to the Council under sub-section (1) of section 3 within a period not exceeding one hundred and eighty days:

Provided that the Board of Governors constituted under sub-section (4) of section 3A shall continue to exercise the powers and

perform the functions of the Council till the new Council is reconstituted or for such period not exceeding one hundred and eighty days,

whichever is earlier.”.

5. Amendment of section 4.—In section 4 of the principal Act, in sub-section (1),—

(a) the words, brackets and letter “or clause (d)” shall be omitted;

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(b) the words, brackets, letter and figures “and any rules so made may provide that pending the preparation of the Indian

Medical Register in accordance with the provisions of this Act, the members referred in clause (d) of sub-section (1) of section 3 may be

nominated by the Central Government instead of elected as provided therein.” shall be omitted.

6. Amendment of section 7.—In section (7) of the principal Act,—

(a) in sub-section (1), for the words “five years”, the words “four years” shall be substituted;

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

“(2) Subject to the provisions of the Act, a member, whether nominated or elected, shall hold office for a term of four years.”;

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

“9A. Functions of Council.—(1) The Council shall, subject to the provisions of the Act and rules made thereunder, take

measures to determine, coordinate and maintain the standards of medical education and practice in medicine, the Indian Medical

(2) Without prejudice to the generality of the foregoing provisions, the measures referred to in sub-section (1), may, inter alia,

provide for all or any of the following matters, namely:—

(a) lay down the standards of professional ethics in the practice of medicine;

(b) grant or withdraw permission for establishment of medical college and course of study in medical education and ensure

compliance of its terms and conditions for such permission;

(d) render advice to the Central Government or the State Government on matters relating to the medical education and practice

in medicine;

(e) facilitate medical education in the institutions situated outside the country;

(f) undertake and recommend to the Central Government or the State Government such measures as may be necessary to

regulate medical education in or outside the country;

(g) organise seminars, symposiums and workshops in order to promote continuous medical education and practice in medicine;

and

(h) perform such other functions as may be laid down in the rules made by the Central Government.”.

8. Amendment of section 13.—In section 13 of the principal Act,—

(a) in sub-sections (2) and (3), for the words “a citizen of India”, the words “a citizen of India or an overseas citizen of India” shall

respectively be substituted;

(b) in sub-section (4A), for the words “a citizen of India”, the words “a citizen of India or an overseas citizen of India” shall be

substituted;

‘Explanation.—For the purposes of this section, the expression “overseas citizen of India” shall have the meaning assigned to it

in clause (ee) of sub-section (1) of section 2 of the Citizenship Act, 1955 (57 of 1955).’.

9. Amendment of section 14.—In section 14 of the principal Act, in the proviso to sub-section (1), the words “for the time being

for the purposes of teaching, research or charitable work” shall be omitted.

10. Amendment of section 21.—In section 21 of the principal Act,—

(a) in sub-section (1), for the words “the names”, the words “the names and biometric details” shall be substituted;

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

‘(2A) The Council shall, in addition to the Indian Medical Register referred to in sub-section (1), maintain the Medical Register in

electronic form containing the particulars included in the Indian Medical Register.

Explanation.—For the purpose of this sub-section, the expression, “electronic form” shall have the meaning assigned to it in

clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).’.

11. Insertion of new section 30A.—After section 30 of the principal Act, the following section shall be inserted, namely:—

“30A. Resignation, removal and suspension of President, Vice-President or members of Council.—(1) The President,

Vice-President or any member of the Council may, by notice in writing under his hand addressed to the Central Government, resign

from his office:

Provided that the President, Vice-President or any member of the Council shall, unless he is permitted by the Central

Government to relinquish his office sooner, continue to hold office until the expirey of a period of three months from the date of receipt

of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever

is the earliest.

(2) Notwithstanding anything contained in sub-section (1), the Central Government may remove from office the President,

Vice-President, or any member of the Council, who—

(a) has been adjudged as an insolvent; or

(b) has become physically or mentally incapable of acting as such President, Vice-President, or other member; or

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(d) has been convicted of an offence involving moral turpitude; or

(e) has acquired such financial or any other interest in any medical institution falling within the purview of the Council, which is

likely to affect prejudicially the exercise of his functions as the President, the Vice-President, or a member; or

(f) is unable to perform or has made persistent defaults—

(i) in the performance of the duties imposed on him under this Act or has exceeded or abused his position; or

(ii) either wilfully or without sufficient cause neglects to comply with the directions issued by the Central Government under

sections 33A and 33B;

(g) has been guilty of proved misbehaviour or his continuance in office would be detrimental in public interest;

(3) No person shall be removed from his office on the grounds specified in clause (e) or clause (f) or clause (g) of sub-section

(2), unless he has been given a reasonable opportunity of being heard in the matter.”.

12. Amendment of section 32.—In section 32 of the principal Act, for subsection

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

“(2) In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters,

namely:—

(a) the manner of electing the representative of the medical colleges under the first proviso to clause (b) of sub-section (1) of

section 3;

(b) the manner of election of the Council under sub-section (1) of section 4;

Central Government;

(d) the conditions, the manner and payment of fees for filing an appeal before the Central Government under sub-section (2) of

section 24;

(e) any other matter which is required to be, or may be, provided by rules or in respect of which provision is to be made by

rules.”.

13. Insertion of new sections 33A, 33B and 33C.—After section 33 of the principal Act, the following sections shall be

inserted, namely:—

“33A. Power of Central Government to give directions.— (1) Without prejudice to the foregoing provisions of this Act, the

Council shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the

Central Government may give in writing to it from time to time.

(2) The decision of the Central Government whether a question is one of policy or not shall be final.

33B. Powers of Central Government to direct regulations to be made or to make or amend regulations.—(1) Where the

Central Government considers it expedient so to do, it may, by order in writing, direct the Council to make any regulation or to amend or

revoke any regulations already made by it, within such period as the Central Government may specify in this behalf.

(2) If the Council fails or neglects to comply with such order within the specified period, the Central Government may make the

regulations or amend or revoke the regulations made by the Council, as the case may be, in such manner as the Central Government

thinks fit.

33C. Laying of rules and regulations.—Every rule and every regulation made under this Act shall be laid, as soon as may be

after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one

session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree in making any modification in the rule, regulation or both Houses agree that the rule

and regulation should not be made, the rule and regulation shall, thereafter have effect only in such modified form or be of no effect, as

the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously

done under that rule or regulation.”.

PRANAB MUKHERJEE,

President.

P.K. MALHOTRA,

Secretary to the Government of India.

P.R. 82

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 29^th May, 2013

THE SECURITIES AND EXCHANGE BOARD OF INDIA (AMENDMENT)

SECOND ORDINANCE, 2013

[No. 5 of 2013]

Promulgated by the President in the Sixty-fourth Year of the Republic of India;

ORDINANCE

further to amend the Securities and Exchange Board of India Act, 1992;

WHEREAS the Securities and Exchange Board of India (Amendment) Ordinance, 2013 further to amend the Securities and

Exchange Board of India Act, 1992 was promulgated by the President on 21st January, 2013;

AND WHEREAS the Securities and Exchange Board of India (Amendment) Bill, 2013 to replace the said Ordinance has been

passed by the Council of States and is pending in the House of the People;

AND WHEREAS the Securities and Exchange Board of India (Amendment) Ordinance, 2013 has ceased to operate on the 4th

day of April, 2013;

AND WHEREAS it is considered necessary to give continued effect to the provisions of Securities and Exchange Board of India

(Amendment) Ordinance, 2013 and to validate the actions taken under the said Ordinance;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary

for him to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is

pleased to promulgate the following Ordinance:—

1. Short title and commencement.—(1) This Ordinance may be called the Securities and Exchange Board of India

(Amendment) Second Ordinance, 2013.

(2) It shall be deemed to have come into force on the 21st day of January, 2013.

2. Amendment of section 15M.— In section 15M of the Securities and Exchange Board of India Act, 1992 (15 of 1992), for

sub-section (1) the following sub-section shall be substituted, namely:—

“(1) A person shall not be qualified for appointment as the Presiding Officer of the Securities Appellate Tribunal unless he—

(a) is a sitting or retired Judge of the Supreme Court or a sitting or retired Chief Justice of a High Court; or

(b) is a sitting or retired Judge of a High Court who has completed not less than seven years of service as a Judge in

a High Court.

(1A) The Presiding Officer of the Securities Appellate Tribunal shall be appointed by the Central Government in consultation

with the Chief Justice of India or his nominee.”.

3. Validation and savings.—Notwithstanding the fact that the Securities and Exchange Board of India (Amendment)

Ordinance, 2013 (ord. 1 of 2013) has ceased to operate, anything done or any action taken or purported to have been done or taken or

any permission or any direction given under the said Ordinance shall be deemed to have been done or taken under the corresponding

provisions of this Ordinance.

PRANAB MUKHERJEE,

President.

P.K. MALHOTRA,

Secretary to the Government of India.

P.R. 84

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