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F PɼÀPÀAqÀ The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (No. 1 of 2016) ¢£ÁAPÀ:
31-12-2015 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 1
st January, 2016/Pausha 11, 1937 (Saka)
The following Act of Parliament received the assent of the President on the 31
st December, 2015, and is hereby published for
general information:-
THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES)
AMENDMENT ACT, 2015
No. 1 OF 2016
[31
st December, 2015.]
An Act to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:-
1. Short title and commencement. (1) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Amendment of long title. In the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
(33 of 1989) (hereinafter referred to as the principal Act), in the long title, for the words "Special Courts", the words "Special Courts and
the Exclusive Special Courts" shall be substituted.
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Bengaluru, Thursday, October 27, 2016 ( Karthika 5, Shaka Varsha 1938)
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Issue 42
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3. Amendment of section 2. In section 2 of the principal Act, in sub-section (1),-
(i)
after clause (b), the following clauses shall be inserted, namely:-
'(bb) "dependent" means the spouse, children, parents, brother and sister of the victim, who are dependent
wholly or mainly on such victim for his support and maintenance;
(bc) "economic boycott" means-
(i)
a refusal to deal with, work for hire or do business with other person; or
(ii)
to deny opportunities including access to services or contractual opportunities for rendering service for
consideration; or
(iii)
to refuse to do anything on the terms on which things would be commonly done in the ordinary course of business;
or
(iv)
to abstain from the professional or business relations that one would maintain with other person;
(bd)
"Exclusive Special Court" means the Exclusive Special Court established under sub-section (1) of section
14 exclusively to try the offences under this Act;
(be)
"forest rights" shall have the meaning assigned to it in sub-section (1) of section 3 of the Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; (2 of 2007) .
(bf)
"manual scavenger" shall have the meaning assigned to it in clause (g) of sub-section (1) of section 2 of the
Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013; (25 of 2013)
(bg)
"public servant" means a public servant as defined under section 21 of the Indian Penal Code, (45 of 1860)
as well as any other person deemed to be a public servant under any other law for the time being in force
and includes any person acting in his official capacity under the Central Government or the State
Government, as the case may be;';
(ii)
after clause (e), the following clauses shall be inserted, namely:¬'
(ea) "Schedule" means the Schedule appended to this Act;
(eb) "social boycott" means a refusal to permit a person to render to other person or receive from him any
customary service or to abstain from social relations that one would maintain with other person or to isolate
him from others;
(ec) "victim" means any individual who falls within the definition of the "Scheduled Castes and Scheduled Tribes"
under clause (c) of sub-section (1) of section 2, and who has suffered or experienced physical, mental,
psychological, emotional or monetary harm or harm to his property as a result of the commission of any
offence under this Act and includes his relatives, legal guardian and legal heirs;
(ed) "witness" means any person who is acquainted with the facts and circumstances, or is in possession of any
information or has knowledge necessary for the purpose of investigation, inquiry or trial of any crime involving
an offence under this Act, and who is or may be required to give information or make a statement or produce
any document during investigation, inquiry or trial of such case and includes a victim of such offence;';
(iii) for clause (f), the following clause shall be substituted, namely:-
"(f)
the words and expressions used but not defined in this Act and defined in the Indian Penal Code, (45 of 1860) the
Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure, 1973, (2 of 1974) as the case may be,
shall be deemed to have the meanings respectively assigned to them in those enactments.".
4. Amendment of section 3. In section 3 of the principal Act,-
(i) for sub-section (1), the following sub-section shall be substituted, namely:-
(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,-
(a)
puts any inedible or obnoxious substance into the mouth of a member of a Scheduled Caste or a Scheduled
Tribe or forces such member to drink or eat such inedible or obnoxious substance;
(b)
dumps excreta, sewage, carcasses or any other obnoxious substance in premises, or at the entrance of the
premises, occupied by a member of a Scheduled Caste or a Scheduled Tribe;
(c)
with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe,
dumps excreta, waste matter, carcasses or any other obnoxious substance in his neighbourhood;
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(d)
garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or a Scheduled Tribe;
(e)
forcibly commits on a member of a Scheduled Caste or a Scheduled Tribe any act, such as removing clothes
from the person, forcible tonsuring of head, removing moustaches, painting face or body or any other similar
act, which is derogatory to human dignity;
(f)
wrongfully occupies or cultivates any land, owned by, or in the possession of or allotted to, or notified by any
competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe, or gets such land
transferred;
(g)
wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or
interferes with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation
facilities or destroys the crops or takes away the produce therefrom.
Explanation.-For the purposes of clause (f) and this clause, the expression "wrongfully" includes-
(A)
against the person's will;
(B)
without the person's consent;
(C)
with the person's consent, where such consent has been obtained by putting the person, or any other person
in whom the person is interested in fear of death or of hurt; or
(D)
fabricating records of such land;
(h)
makes a member of a Scheduled Caste or a Scheduled Tribe to do "begar" or other forms of forced or bonded
labour other than any compulsory service for public purposes imposed by the Government;
(i)
compels a member of a Scheduled Caste or a Scheduled Tribe to dispose or carry human or animal carcasses, or
to dig graves;
(j)
makes a member of a Scheduled Caste or a Scheduled Tribe to do manual scavenging or employs or permits the
employment of such member for such purpose;
(k)
performs, or promotes dedicating a Scheduled Caste or a Scheduled Tribe woman to a deity, idol, object of
worship, temple, or other religious institution as a devadasi or any other similar practice or permits aforementioned
acts;
(l)
forces or intimidates or prevents a member of a Scheduled Caste or a Scheduled Tribe-
(A) not to vote or to vote for a particular candidate or to vote in a manner other than that provided by law;
(B) not to file a nomination as a candidate or to withdraw such nomination; or
(C) not to propose or second the nomination of a member of a Scheduled Caste or a Scheduled Tribe as a
candidate in any election;
(m) forces or intimidates or obstructs a member of a Scheduled Caste or a Scheduled Tribe, who is a member or a
Chairperson or a holder of any other office of a Panchayat under Part IX of the Constitution or a Municipality under
Part IXA of the Constitution, from performing their normal duties and functions;
(n)
after the poll, causes hurt or grievous hurt or assault or imposes or threatens to impose social or economic boycott
upon a member of a Scheduled Caste or a Scheduled Tribe or prevents from availing benefits of any public service
which is due to him;
(o)
commits any offence under this Act against a member of a Scheduled Caste or a Scheduled Tribe for having voted
or not having voted for a particular candidate or for having voted in a manner provided by law;
(P)
institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled
Caste or a Scheduled Tribe;
(q)
gives any false or frivolous information to any public servant and thereby causes such public servant to use his
lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;
(r)
intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in
any place within public view;
(s)
abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view;
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(t)
destroys, damages or defiles any object generally known to be held sacred or in high esteem by members of the
Scheduled Castes or the Scheduled Tribes.
Explanation.-For the purposes of this clause, the expression "object" means and includes statue, photograph and
portrait;
(u)
by words either written or spoken or by signs or by visible representation or otherwise promotes or attempts to
promote feelings of enmity, hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes;
(v)
by words either written or spoken or by any other means disrespects any late person held in high esteem by
members of the Scheduled Castes or the Scheduled Tribes;
(w)
(i) intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs
to a Scheduled Caste or a Scheduled Tribe, when such act of touching is of a sexual nature and is without the
recipient's consent;
(ii) uses words, acts or gestures of a sexual nature towards a woman belonging to a Scheduled Caste or a
Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe.
Explanation.-For the purposes of sub-clause (i), the expression "consent" means an unequivocal voluntary
agreement when the person by words, gestures, or any form of non-verbal communication, communicates
willingness to participate in the specific act:
Provided that a woman belonging to a Scheduled Caste or a Scheduled Tribe who does not offer physical
resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded as consenting to the
sexual activity:
Provided further that a woman's sexual history, including with the offender shall not imply consent or mitigate the
offence;
(x)
corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the
Scheduled Castes or the Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily
used;
(y)
denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public
resort or obstructs such member so as to prevent him from using or having access to a place of public resort to
which other members of public or any other section thereof have a right to use or access to;
(z)
forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of
residence:
Provided that nothing contained in this clause shall apply to any action taken in discharge of a public duty;
(za)
obstructs or prevents a member of a Scheduled Caste or a Scheduled Tribe in any manner with regard to-
(A)
using common property resources of an area, or burial or cremation ground equally with others or using any
river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, any public
conveyance, any road, or passage;
(B)
mounting or riding bicycles or motor cycles or wearing footwear or new clothes in public places or taking out
wedding procession, or mounting a horse or any other vehicle during wedding processions;
(C)
entering any place of worship which is open to the public or other persons professing the same religion or
taking part in, or taking out, any religious, social or cultural processions including jatras;
(D)
entering any educational institution, hospital, dispensary, primary health centre, shop or place of public
entertainment or any other public place; or using any utensils or articles meant for public use in any place
open to the public; or
(E)
practicing any profession or the carrying on of any occupation, trade or business or employment in any job
which other members of the public, or any section thereof, have a right to use or have access to;
(zb) causes physical harm or mental agony of a member of a Scheduled Caste or a Scheduled Tribe on the allegation of
practicing witchcraft or being a witch; or
(zc) imposes or threatens a social or economic boycott of any person or a family or a group belonging to a Scheduled
Caste or a Scheduled Tribe,
shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with
fine.';
(ii) in sub-section (2),-
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(a)
in clause (v), for the words "on the ground that such person is a member of a Scheduled Caste or a Scheduled
Tribe or such property belongs to such member", the words "knowing that such person is a member of a Scheduled
Caste or a Scheduled Tribe or such property belongs to such member" shall be substituted;
(b)
after clause (v), the following clause shall be inserted, namely:-
"(va) commits any offence specified in the Schedule, against a person or property, knowing that such person is a
member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be
punishable with such punishment as specified under the Indian Penal Code (45 of 1860) for such offences
and shall also be liable to fine."
5. Substitution of new section for section 4. For section 4 of the principal Act, the following section shall be substituted,
namely:-
"4. Punishment for neglect of duties. (1) Whoever, being a public servant but not being a member of a Scheduled Caste or a
Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act and the rules made thereunder, shall be
punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.
(2) The duties of public servant referred to in sub-section (1) shall include¬
(a)
to read out to an informant the information given orally, and reduced to writing by the officer in charge of the police
station, before taking the signature of the informant;
(b)
to register a complaint or a First Information Report under this Act and other relevant provisions and to register it
under appropriate sections of this Act;
(c)
to furnish a copy of the information so recorded forthwith to the informant;
(d)
to record the statement of the victims or witnesses;
(e)
to conduct the investigation and file charge sheet in the Special Court or the Exclusive Special Court within a period
of sixty days, and to explain the delay if any, in writing;
(f)
to correctly prepare, frame and translate any document or electronic record;
(g)
to perform any other duty specified in this Act or the rules made thereunder:
Provided that the charges in this regard against the public servant shall be booked on the recommendation of an
administrative enquiry.
(3) The cognizance in respect of any dereliction of duty referred to in sub-section (2) by a public servant shall be taken by the
Special Court or the Exclusive Special Court and shall give direction for penal proceedings against such public servant.".
6. Amendment of section 8. In section 8 of the principal Act,-
(i)
in clause (a), for the words "any financial assistance to a person accused of', the words "any financial assistance in
relation to the offences committed by a person accused of' shall be substituted;
(ii)
after clause (b), the following clause shall be inserted, namely:-
"(c) the accused was having personal knowledge of the victim or his family, the Court shall presume that the
accused was aware of the caste or tribal identity of the victim, unless the contrary is proved.".
7. Amendment of section 10. In section 10 of the principal Act, in sub-section (1),-
(a)
after the words and figures "article 244 of the Constitution", the words, brackets and figures "or any area identified
under the provisions of clause (vii) of sub-section (2) of section 21" shall be inserted;
(b)
for the words "two years", the words "three years" shall be substituted.
8. Substitution of new section for section 14. For section 14 of the principal Act, the following section shall be substituted,
namely:-
"14. Special Court and Exclusive Special Court. (1) For the purpose of providing for speedy trial, the State
Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette,
establish an Exclusive Special Court for one or more Districts:
Provided that in Districts where less number of cases under this Act is recorded, the State Government shall, with
the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for such
Districts, the Court of Session to be a Special Court to try the offences under this Act:
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Provided further that the Courts so established or specified shall have power to directly take cognizance of offences
under this Act.
(2) It shall be the duty of the State Government to establish adequate number of Courts to ensure that cases under this Act are
disposed of within a period of two months, as far as possible.
(3) In every trial in the Special Court or the Exclusive Special Court, the proceedings shall be continued from day-to-day until all
the witnesses in attendance have been examined, unless the Special Court or the Exclusive Special Court finds the adjournment of the
same beyond the following day to be necessary for reasons to be recorded in writing:
Provided that when the trial relates to an offence under this Act, the trial shall, as far as possible, be completed
within a period of two months from the date of filing of the charge sheet.".
9. Insertion of new section 14A. After section 14 of the principal Act, the following section shall be inserted, namely:-
"14A. Appeals. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) an appeal shall lie,
from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High
Court both on facts and on law.
(2) Notwithstanding anything contained in sub-section (3) of section 378 of the Code of Criminal Procedure, 1973, an appeal
shall lie to the High Court against an order 2 of 1974. of the Special Court or the Exclusive Special Court granting or refusing bail.
(3) Notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be
preferred within a period of ninety days from the date of the judgment, sentence or order appealed from:
Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the
appellant had sufficient cause for not preferring the appeal within the period of ninety days:
Provided further that no appeal shall be entertained after the expiry of the period of one hundred and eighty days.
(4) Every appeal preferred under sub-section (1) shall, as far as possible, be disposed of within a period of three months from
the date of admission of the appeal.".
10. Substitution of new section for section 15. For section 15 of the principal Act, the following section shall be substituted,
namely:-
"15. Special Public Prosecutor and Exclusive Public Prosecutor. (1) For every Special Court, the State
Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who
has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of
conducting cases in that Court.
(2) For every Exclusive Special Court, the State Government shall, by notification in the Official Gazette, specify
an Exclusive Special Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less
than seven years, as an Exclusive Special Public Prosecutor for the purpose of conducting cases in that Court.".
11. Insertion of new Chapter IVA. After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:-
"CHAPTER IVA
RIGHTS OF VICTIMS AND WITNESSES
15A. Rights of victims and witnesses. (1) It shall be the duty and responsibility of the State to make arrangements for the
protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats
of violence.
(2) A victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the
victim's age or gender or educational disadvantage or poverty.
(3) A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any Court proceeding including
any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this
Act.
(4) A victim or his dependent shall have the right to apply to the Special Court or the Exclusive Special Court, as the case may
be, to summon parties for production of any documents or material, witnesses or examine the persons present.
(5) A victim or his dependent shall be entitled to be heard at any proceeding under this Act in respect of bail, discharge, release,
parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction,
acquittal or sentencing.
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(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) the Special Court or the Exclusive
Special Court trying a case under this Act shall provide to a victim, his dependent, informant or witnesses-
(a)
the complete protection to secure the ends of justice;
(b)
the travelling and maintenance expenses during investigation, inquiry and trial;
(c)
the social-economic rehabilitation during investigation, inquiry and trial; and
(d)
relocation.
(7) The State shall inform the concerned Special Court or the Exclusive Special Court about the protection provided to any
victim or his dependent, informant or witnesses and such Court shall periodically review the protection being offered and pass
appropriate orders.
(8) Without prejudice to the generality of the provisions of sub-section (6), the concerned Special Court or the Exclusive Special
Court may, on an application made by a victim or his dependent, informant or witness in any proceedings before it or by the Special
Public Prosecutor in relation to such victim, informant or witness or on its own motion, take such measures including-
(a)
concealing the names and addresses of the witnesses in its orders or judgments or in any records of the case
accessible to the public;
(b)
issuing directions for non-disclosure of the identity and addresses of the witnesses;
(c)
take immediate action in respect of any complaint relating to harassment of a victim, informant or witness and on
the same day, if necessary, pass appropriate orders for protection:
Provided that inquiry or investigation into the complaint received under clause (c) shall be tried separately from
the main case by such Court and concluded within a period of two months from the date of receipt of the complaint:
Provided further that where the complaint under clause (c) is against any public servant, the Court shall restrain
such public servant from interfering with the victim, informant or witness, as the case may be, in any matter related
or unrelated to the pending case, except with the permission of the Court.
(9) It shall be the duty of the Investigating Officer and the Station House Officer to record the complaint of victim, informant or
witnesses against any kind of intimidation, coercion or inducement or violence or threats of violence, whether given orally or in writing,
and a photocopy of the First Information Report shall be immediately given to them at free of cost.
(10) All proceedings relating to offences under this Act shall be video recorded.
(11) It shall be the duty of the concerned State to specify an appropriate scheme to ensure implementation of the following rights
and entitlements of victims and witnesses in accessing justice so as-
(a)
to provide a copy of the recorded First Information Report at free of cost;
(b)
to provide immediate relief in cash or in kind to atrocity victims or their dependents;
(c)
to provide necessary protection to the atrocity victims or their dependents, and witnesses;
(d)
to provide relief in respect of death or injury or damage to property;
(e)
to arrange food or water or clothing or shelter or medical aid or transport facilities or daily allowances to victims;
(j)
to provide the maintenance expenses to the atrocity victims and their dependents;
(g)
to provide the information about the rights of atrocity victims at the time of making complaints and registering the
First Information Report;
(h)
to provide the protection to atrocity victims or their dependents and witnesses from intimidation and harassment;
(i)
to provide the information to atrocity victims or their dependents or associated organisations or individuals, on the
status of investigation and charge sheet and to provide copy of the charge sheet at free of cost;
(j)
to take necessary precautions at the time of medical examination;
(k)
to provide information to atrocity victims or their dependents or associated organisations or individuals, regarding
the relief amount;
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(l)
to provide information to atrocity victims or their dependents or associated organisations or individuals, in advance
about the dates and place of investigation and trial;
(m) to give adequate briefing on the case and preparation for trial to atrocity victims or their dependents or associated
organisations or individuals and to provide the legal aid for the said purpose;
(n)
to execute the rights of atrocity victims or their dependents or associated organisations or individuals at every stage
of the proceedings under this Act and to provide the necessary assistance for the execution of the rights.
(12) It shall be the right of the atrocity victims or their dependents, to take assistance from the Non-Government Organisations,
social workers or advocates.".
12. Insertion of new Schedule. After section 23 of the principal Act, the following Schedule shall be inserted, namely:-
"THE SCHEDULE
[See section 3(2) (va)]
Section under the Indian
Penal Code
Name of offence and punishment
120A
120B
141
142
143
144
145
146
147
148
217
319
320
323
324
325
326B
332
341
354
354A
354B
354C
354D
359
363
365
Definition of criminal conspiracy.
Punishment of criminal conspiracy.
Unlawful assembly.
Being member of unlawful assembly.
Punishment for unlawful assembly.
Joining unlawful assembly armed with deadly weapon.
Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.
Rioting.
Punishment for rioting.
Rioting, armed with deadly weapon.
Public servant disobeying direction of law with intent to save person from punishment or property
from forfeiture.
Hurt.
Grievous hurt.
Punishment for voluntarily causing hurt.
Voluntarily causing hurt by dangerous weapons or means.
Punishment for voluntarily causing grievous hurt.
Voluntarily throwing or attempting to throw acid.
Voluntarily causing hurt to deter public servant from his duty.
Punishment for wrongful restraint.
Assault or criminal force to woman with intent to outrage her modesty.
Sexual harassment and punishment for sexual harassment.
Assault or use of criminal force to woman with intent to disrobe.
Voyeurism.
Stalking.
Kidnapping.
Punishment for kidnapping.
Kidnapping or abducting with intent secretly and wrongfully to confine person.
¨sÁUÀ 4
PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀĪÁgÀ, CPÉÆÖçgï 27, 2016
129
Section under the Indian
Penal Code
Name of offence and punishment
376B
376C
447
506
509
Sexual intercourse by husband upon his wife during separation.
Sexual intercourse by a person in authority.
Punishment for criminal trespass.
Punishment for criminal intimidation.
Word, gesture or act intended to insult the modesty of a woman.".
13. Repeal and saving. (1) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance,
2014 (Ord. 1 of 2014) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance,
shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.
DR. G. NARAYANARAJU,
Secretary to the Govt. of India.
P.R. 11
SC - 20
PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,
ºÉZï. gÁeïPÀĪÀiÁgï
¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ
¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð (¥Àæ)
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É E¯ÁSÉ.
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ
C¢ü¸ÀÆZÀ£É
¸ÀASÉå: ¸ÀAªÀåE 21 PÉä¥Àæ 2016, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 12£Éà K¦æ¯ï 2016
2016£Éà ¸Á°£À 18-01-2016£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï 3 (ii)(1) gÀ°è ¥ÀæPÀlªÁzÀ
F PɼÀPÀAqÀ S.O. 152(E) ¢£ÁAPÀ: 18-01-2016C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
(Department of Social Justice and Empowerment)
NOTIFICATION
New Delhi, the 18th January, 2016
S.O. 152(E).-In exercise of the powers conferred by sub-section (2) of section 1 of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Amendment Act, 2015 (l of 2016), the Central Government hereby appoints the 26th day of January,
2016 as the date on which the provisions of the said Act shall come into force.
[No. 11012/1/2002-PCR (Desk)]
AINDRI ANURAG,
Jt. Secy.
P.R. 12
SC - 20
PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,
ºÉZï. gÁeïPÀĪÀiÁgï
¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ
¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð (¥Àæ)
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ªÀÄvÀÄÛ ±Á¸À£À gÀZÀ£É E¯ÁSÉ.
130
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¨sÁUÀ 4
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C¢ü¸ÀÆZÀ£É
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2016£Éà ¸Á°£À 01-01-2016£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï (1) gÀ°è ¥ÀæPÀlªÁzÀ
F PɼÀPÀAqÀ The Atomic Energy (Amendment) Act, 2015 (No. 05 of 2016) ¢£ÁAPÀ: 31-12-2015 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 1
st January, 2016/Pausha 11, 1937 (Saka)
The following Act of Parliament received the assent of the President on the 31
st December, 2015, and is hereby published for
general information:-
THE ATOMIC ENERGY (AMENDMENT) ACT, 2015
No. 5 OF 2016
[31
st December, 2015.]
An Act further to amend the Atomic Energy Act, 1962.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:-
1. Short title and commencement. (1) This Act may be called the Atomic Energy (Amendment) Act, 2015.
(2) It shall come into force on such date as the Central Government may, by notification mencement. in the Official Gazette,
appoint.
2. Amendment of section 2. In section 2 of the Atomic Energy Act, 1962 (33 of 1962) (hereinafter referred to as the principal
Act), in sub-section (1), for clause (bb), the following clause shall be substituted, namely:-
'(bb) "Government company" means a company in which-
(i)
not less than fifty-one per cent. of the paid-up share capital is held by the Central Government; or
(ii)
the whole of the paid-up share capital is held by one or more of the companies specified in sub-clause (i) and
which, by its articles of association, empowers the Central Government to constitute and reconstitute its Board
of Directors;' .
3. Amendment of section 14. In the principal Act, in section 14, after sub-section (1), the following sub-sections shall be
inserted, namely:-
"(1A) No licence under sub-clause (c) of clause (ii) of sub-section (1) shall be granted to a person other than a
Department of the Central Government or any authority or an institution or a corporation established by the Central
Government, or a Government company.
(1B)
Any licence granted to a Government company under sub-section (1) shall stand cancelled in case the licensee
ceases to be a Government company and, notwithstanding anything contained in any other law for the time being in
force, all assets thereof shall vest in the Central Government free from any liability and the Central Government
shall take such measures for safe operation of the plant and disposal of nuclear material so vested in it, as may be
necessary in accordance with the provisions of section 3.".
DR. G. NARAYANARAJU,
Secretary to the Govt. of India.
P.R. 15
SC - 20
PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,
²æÃ¤ªÁ¸ï Dgï. eÉÆÃ¶,
¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ
¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð (¥Àæ),
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.
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131
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C¢ü¸ÀÆZÀ£É
¸ÀASÉå: ¸ÀAªÀå±ÁE 15 PÉñÁ¥Àæ 2016, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 22/27£Éà dÆ£ï 2016
2016£Éà ¸Á°£À 09-05-2016£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï (1) gÀ°è ¥ÀæPÀlªÁzÀ
F PɼÀPÀAqÀ The Mines And Minerals (Development And Regulation) Amendment Act, 2016 (No. 25 of 2016) ¢£ÁAPÀ: 06-05-2016
C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 9
th May, 2016/Vaisakha 19, 1938 (Saka)
The following Act of Parliament received the assent of the President on the 6
th May, 2016, and is hereby published for general
information:-
THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 2016
No. 25 OF 2016
[6
th May, 2016.]
An Act further to amend the Mines and Minerals (Development and Regulation) Act, 1957.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:—
1. Short title. This Act may be called the Mines and Minerals (Development and Regulation)
2. Amendment Act, 2016. In section 3 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957)
(hereinafter referred to as the principal Act), for clause (a), the following clauses shall be substituted, namely:—
(a)
‘‘leased area” means the area specified in the mining lease within which mining operations can be undertaken and
includes the non-mineralised area required and approved for the activities falling under the definition of mine as
referred to in clause (i);
(aa) ‘‘minerals” includes all minerals except mineral oils;’.
3. Amendment of section. In section 12A of the principal Act, in sub-section (6), the following shall be inserted, namely:—
‘Provided that where a mining lease has been granted otherwise than through auction and where mineral from such
mining lease is being used for captive purpose, such mining lease may be permitted to be transferred subject to
compliance of such terms and conditions and payment of such amount or transfer charges as may be prescribed.
Explanation.—For the purposes of this proviso, the expression “used for captive purpose” shall mean the use of the
entire quantity of mineral extracted from the mining lease in a manufacturing unit owned by the lessee.’.
4. Amendment of section 13. In section 13 of the principal Act, in sub-section (2), after clause (qqj), the following
clause shall be inserted, namely:—
“(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of
section 12A;”.
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
P.R. 16
SC - 20
PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,
²æÃ¤ªÁ¸ï Dgï. eÉÆÃ¶,
¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ
¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð (¥Àæ),
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.
132
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C¢ü¸ÀÆZÀ£É
¸ÀASÉå: ¸ÀAªÀå±ÁE 14 PÉñÁ¥Àæ 2016, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 22/27£Éà dÆ£ï 2016
2016£Éà ¸Á°£À 14-05-2016£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï (1) gÀ°è ¥ÀæPÀlªÁzÀ
F PɼÀPÀAqÀ The Industries (Development And Regulation) Amendment Act, 2016 (No. 27 of 2016) ¢£ÁAPÀ: 14-5-2016 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 14
th May, 2016/ Vaisakha 24, 1938 (Saka)
The following Act of Parliament received the assent of the President on the 14
th May, 2016, and is hereby published for general
information:-
THE INDUSTRIES (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 2016
No. 27 OF 2016
[14
th May, 2016.]
An Act further to amend the Industries (Development and Regulation) Act, 1951.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:-
1. Short title. This Act may be called the Industries (Development and Regulation) Amendment Act, 2016.
2. Insertion of new section 29E. In the Industries (Development and Regulation) Act, 1951 (65 of 1951) (hereinafter referred to
as the principal Act), after section 29D, the following section shall be inserted, namely:-
"29E. Validation. Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or
other authority, any power exercised, or action taken or done or purported to have been taken or done, by the Central
Government or, as the case may be, the State Government, shall be deemed to be, and shall always deemed to have
been, for all purposes, as validly taken or done or omitted to be done, as if the amendment made to the First Schedule by
the Industries (Development and Regulation) Amendment Act, 2016 had been in force at all material times and no suit or
claim or other proceedings shall be instituted, maintained or continued in any court, tribunal or other authority as such.".
3. Amendment of First Schedule. On and from the date of commencement of the principal Act, in the First Schedule, for the
heading "26. FERMENTATION INDUSTRIES:", the heading "26. FERMENTATION INDUSTRIES (OTHER THAN POTABLE
ALCOHOL):" shall be substituted.
DR. G NARAYANARAJU,
Secretary to the Govt. of India.
RAM DAYAL
Digitally signed by RAM DAYAL
Date: 2016.05.19
13:47:39 +05'30'
P.R. 17
SC - 20
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²æÃ¤ªÁ¸ï Dgï. eÉÆÃ¶,
¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ
¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð (¥Àæ),
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.
¨sÁUÀ 4
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133
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¸ÀASÉå: ¸ÀAªÀå±ÁE 19 PÉñÁ¥Àæ 2016, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 22/27£Éà dÆ£ï 2016
2016£Éà ¸Á°£À 26-03-2016£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï (1) gÀ°è ¥ÀæPÀlªÁzÀ
F PɼÀPÀAqÀ The Sugar Cess (Amendment) Act, 2016 (No. 9 of 2016) ¢£ÁAPÀ: 08-01-2016 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 11
th January, 2016/Pausha 21, 1937 (Saka)
The following Act of Parliament received the assent of the President on the 8
th January, 2015, and is hereby published for
general information:-
THE SUGAR CESS (AMENDMENT) ACT, 2015
No. 9 OF 2016
[8
th January, 2015.]
An Act further to amend the Sugar Cess Act, 1982.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:-
1. Short title and commencement. (1) This Act may be called the Sugar Cess (Amendment) Act, 2015.
(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 3 of Act 3 of 1982. In the Sugar Cess Act, 1982, in section 3, in sub-section (1), for the words
"twenty-five rupees", the words "two hundred rupees" shall be substituted.
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
CORRIGENDA
In the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 20I6), as published in a Gazette of India, Extraodinary,
Part II, Section 1, issue No.2, dated the 1st January, 2016,-
(a) at page 13, line 20,/or "applealable", read "appealable";
(b) at page 22,-
(i)
in line 39, for "protection of children", read "protection or children";
(ii)
in line 44, for "fulfill", read "fulfil";
(c) at page 40, line 29, for "clause (18)", read "clause (17)".
P.R. 18
SC - 20
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²æÃ¤ªÁ¸ï Dgï. eÉÆÃ¶,
¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ
¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð (¥Àæ),
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.
134
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C¢ü¸ÀÆZÀ£É
¸ÀASÉå: ¸ÀAªÀå±ÁE 20 PÉñÁ¥Àæ 2016, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 22£Éà dÆ£ï 2016
2016£Éà ¸Á°£À 01-01-2016£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï (1) gÀ°è ¥ÀæPÀlªÁzÀ
F PɼÀPÀAqÀ The Payment of Bonus (Amendment) Act (No. 6 of 2016) ¢£ÁAPÀ: 08-01-2016 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 1
st January, 2016/Pausha 11, 1937 (Saka)
The following Act of Parliament received the assent of the President on the 31
st December, 2015, and is hereby published for
general information:-
THE PAYMENT OF BONUS (AMENDMENT) ACT, 2015
No. 6 OF 2016
[31
st December, 2015.]
An Act further to amend the Payment of Bonus Act, 1965.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:-
(1) Short title and commencement. (1) This Act may be called the Payment of Bonus (Amendment) Act, 2015.
(2) It shall be deemed to have come into force on the 1st day of April, 2014.
2. Amendment of section 2. In section 2 of the Payment of Bonus Act, 1965 (21 of 1965) (hereinafter referred to as the
principal Act). in clause (13), for the words "ten thousand rupees" , the words "twenty-one thousand rupees" shall be substituted.
3. Amendment of section 12. In section 12 of the principal Act,-
(i)
for the words "three thousand and five hundred rupees" at both the places where they occur, the words "seven
thousand rupees or the minimum wage for the scheduled employment, as fixed by the appropriate Government,
whichever is higher" shall respectively be substituted;
(ii)
the following Explanation shall be inserted at the end. namely:-
'Explanation.--For the purposes of this section, the expression "scheduled employment" shall have the same
meaning as assigned to it in clause (g) of section 2 of the Minimum Wages Act, 1948.'.
4. Amendment of section 38. In section 38 of the principal Act (11of 1948) for sub-section (1), the following sub-section shall
be substituted, namely:-
"(1) The Central Government may. subject to the condition of previous publication, by notification in the Official
Gazette. make rules to carry out the provisions of this Act." .
DR. G NARAYANARAJU,
Secretary to the Govt. of India.
P.R. 29
SC - 20
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²æÃ¤ªÁ¸ï Dgï. eÉÆÃ¶,
¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ
¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð (¥Àæ),
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.
¨sÁUÀ 4
PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀĪÁgÀ, CPÉÆÖçgï 27, 2016
135
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 3
rd March, 2016/Phalguna 13, 1937 (Saka)
The following Act of Parliament received the assent of the President on the 3
rd March, 2016, and is hereby published for general
information:-
THE ELECTION LAWS (AMENDMENT) ACT, 2016
No. 10 OF 2016
[3
rd March, 2016.]
An Act further to amend the Representation of the People Act, 1950 and the Delimitation Act, 2002.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:-
CHAPTER I
PRELlMINARY
1. Short title and commencement. (1) This Act may be called the Election Laws (Amendment) Act, 2016.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
CHAPTER II
AMENDMENT TO THE REPRESENTATION OF THE PEOPLE ACT, 1950
2. Amendment of section 9. In section 9 of the Representation of the People Act, 1950 (43 of 1950) in sub-section (1), after
clause (b), the following clause shall be inserted, namely:-
"(c) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as
appear to it to be necessary or expedient for bringing the Order up-to-date by including therein and excluding
therefrom the relevant areas, consequent upon the exchange of one hundred and eleven enclaves of India and fifty-
one enclaves of Bangladesh with effect from 31st July, 2015, in pursuance of the Constitution (One Hundredth
Amendment) Act, 2015.".
CHAPTER lll
AMENDMENT TO THE DELIMITATION ACT, 2002
3. Amendment of section 11. In section 11 of the Delimitation Act, 2002, (33 of 2002) in sub-section (1), in clause (b), the
following proviso shall be inserted, namely:-
136
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"Provided that the Election Commission may make such amendments, as appear to it to be necessary or expedient,
for bringing the said orders up-to-date by including therein and excluding therefrom the relevant areas, consequent
upon the exchange of one hundred and eleven enclaves of India and fifty-one enclaves of Bangladesh with effect
from 31st July, 2015, in pursuance of the Constitution (One Hundredth Amendment) Act, 2015.".
DR. G. NARAYANARAJU,
Secretary to the Govt. of India.
P.R. 30
SC - 20
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R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2014-16
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