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Volume 152

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Bengaluru, Thursday, August 24, 2017 (Bhadrapada 2, Shaka Varsha 1939)

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MINISTRY OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP

NOTIFICATION

New Delhi, the 4th January, 2017

G.S.R. 5(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution and in

Supersession of the Deputy Director General (Group ‘A’) Recruitment Rules, 2002 and the Directorate General of

Training (Group ‘A’ Posts) Recruitment Rules, 2011, except as respects things done or omitted to be done before such

supersession, the President hereby makes the following rules, namely:-

Short title and commencement:– (1) These rules may be called the Indian Skill Development Service Rules,

2017.

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

Definition.-In these rules, unless the context otherwise requires,

(a)“Commission” means the Union Public Service Commission;

(b)“Controlling Authority” means the Government of India in the Ministry of Skill Development and

Entrepreneurship;

(c)“departmental candidates” means all the existing officers holding Group ‘A’ posts appointed under–

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(i)

The Deputy Director General (Group ‘A’ Post), Recruitment Rules, 2002; or

(ii)

The Directorate of Training (Group ‘A’ Posts) Recruitment Rules, 2011;

and include officers appointed on regular basis to the posts under the said rules but are on deputation to

other Departments on the date of commencement of these rules;

(d)“Department Promotion Committee” means a Committee constituted to consider promotion and

confirmation of officers in any grade under these rules;

(e)“duty post” means any post included in the First Schedule;

(f) “Grade” means a Grade specified in column 2 of the First Schedule;

(g)“regular service” in relation to any Grade means the period or periods of service in that Grade rendered after

the commencement of these rules and includes any period or periods -

(i) taken into account for the purpose of seniority in case of those appointed at the initial constitution;

and

(ii) during which an officer would have held a duty post in that Grade but for being on leave or

otherwise not available to hold such post;

(h)“Schedule” means a Schedule appended to these rules;

(i) “Service” means the Indian Skill Development Service constituted under rule 3.

Constitution of Indian Skill Development Service. – (1) There shall be constituted a Service to be known as

the Indian Skill Development Service consisting of members specified in rule 5.

(2) All the posts included in the Service shall be classified as Group ‘A’ posts.

Grades, authorised strength and its review. – (1) The duty posts included in the various Grades of the

Service, their number and the scales of pay on the commencement of these rules, shall be as specified in the

First Schedule:

Provided that a duty post included in a particular Grade as mentioned in the First Schedule shall be

interchangeable with one another.

(2) After the commencement of these rules, the authorised strength of the duty posts in various grades shall be

such as may, from time to time, be determined by the Central Government.

(3) Central Government may, in consultation with the Commission, include in the Service such posts as can be

deemed to be equivalent in status, pay band and Grade pay or pay scale to the posts included in First

Schedule or exclude from the service a duty post included in the said Schedule.

(4) The Central Government may, from time to time and in consultation with the Commission, appoint an

officer to a duty post whose post is included in the Service under sub-rule (3), to the appropriate Grade of

the Service in a temporary capacity or in a substantive capacity as it thinks fit and fix his seniority in that

Grade after taking into account his continuous regular service in the analogous Grade.

Member of Service. – (1) The following persons shall be the members of the Service, namely:-

(a) persons appointed to duty posts under rule 6; and

(b) persons appointed to duty posts under sub-rule (4) of rule 4 and rule 7.

(2) A person appointed under clause (a) of sub-rule (1) shall on such appointment be deemed to be the member

of the Service in the corresponding Grade, applicable to as specified him in the First Schedule.

(3) A person appointed under clause (b) of sub-rule (1) shall be a member of the Service in the corresponding

Grade applicable to him as specified in the First Schedule from the date of such appointment.

Initial constitution of Service. – All the existing departmental candidates holding Group ‘A’ posts in various

Grades on regular basis on the date of commencement of these rules shall be deemed to be appointed to the

corresponding duty posts and the Grade of the Service in a substantive or officiating capacity, as the case may

be.

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be.

Future maintenance of Service.- Any vacancy in any of the Grades referred to in the First Schedule after the

commencement of these rules shall be filled in following manner namely:–

(a) appointments to various Grades of the Service shall be made in accordance with the method of

recruitment, the field of promotion, the minimum qualifying service in the next lower Grade and other

eligibility conditions for appointment by promotion or transfer on deputation, as the case may be, as

specified in the Second Schedule.

(b) The selection of officers for promotion shall be made on the recommendation of the Departmental

Promotion Committee constituted in accordance with the Third Schedule;

to Junior Time Scale (Assistant Director) of the Service shall as specified in the Fourth Schedule.

Probation.– (1) Every officer appointed to the Service either by direct recruitment or by promotion in Junior

Scale shall be on probation for a period of two years:

Provided that the Controlling Authority may extend the period of probation in accordance with the

instructions issued by the Central Government from time to time in this regard:

Provided further that any decision for extension of period of probation shall be taken ordinarily within eight

weeks after the expiry of the period of probation and communicated in writing to the concerned officer together

with the reasons for so doing within the said period.

(2) On completion of the period of probation or any extension thereof, the officer shall, if considered fit for

permanent appointment, be retained in his appointment on regular basis and be confirmed in due course

against the available substantive vacancy.

(3) If, during the period of probation or any extension thereof, as the case may be, the Central Government is of

the opinion that an officer is not fit for permanent appointment, the Central Government without any reason

being assigned, may –

(a) If he was appointed by direct recruitment discharge him from Service in that post;

(b) If he was appointed by promotion revert him to the post held by him immediately before such promotion.

(4) During the period of probation or any extension thereof, the officer may be required to undergo such

courses of training and instructions and pass such examinations and tests as the Central Government may

consider necessary as a condition to the satisfactory completion of probation.

(5) Subject to sub-rules (1) to (4), the other matters relating to probation of the members of the Service shall be

governed by the instructions issued by the Central Government from time to time in this regard.

Seniority. – The inter-se seniority of the officers appointed to the various Grades mentioned in the First

Schedule at the initial constitution of the Service under rule 6, shall be determined according to the length of

regular continuous service in the Grade subject to maintenance in the respective Grades of inter-se seniority of

officers recruited under the rules mentioned in clause 1 of rule 2;

(2) Officers appointed at the initial constitution shall be senior to those appointed subsequently.

(3) The seniority of the officers appointed to the Service after the initial constitution shall be determined in

accordance with the provisions contained in the Department of Personnel and Training

O.M. No. 22011/7/86/Estt., Dated the 3rd July, 1986 as amended from time to time.

(4) The seniority of officers appointed under sub-rule (4) of rule 4 shall be fixed in the manner provided in these

rules.

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(5) The seniority of officers not covered under this rule, shall be determined by Central Government in

consultation with the Commission.

(6) In case the fixation of the seniority under this rule results in difficulties or anomalies, the same shall be

determined by the Central Government in consultation with the Commission.

10. Appointment to Service. – All appointments to the Service shall be made by the Controlling Authority for all

the posts in various Grades of the Service and in case of ‘Deputation (ISTC)’, consultation with the Commission

shall be necessary.

11. Liability for service in any part of India and other conditions of service. – (1) The officers appointed to the

Service shall be liable to serve any where in India or outside.

(2) The conditions of service of the members of the Service, in respect of matters for which no provision is

made in these rules, shall be the same as are applicable, from time to time, to officers of Central Civil

Service in general.

12. Disqualification:– No person, –

(a)who has entered into or contracted a marriage with a person having a spouse living; or

(b)who, having a spouse living has entered into or contracted a marriage with any person,

shall be eligible for appointment to the Service:

Provided that the Central Government may, if satisfied, that such marriage is permissible under the personal

law applicable to such person and the other party to the marriage and that there are other grounds for so doing,

exempt any person from the operation of this rule.

13. Power to relax.– where the Central Government is of the opinion that it is necessary or expedient so to do, it

may by order, for reasons to be recorded in writing and in consultation with the Commission, relax any of the

provisions to these rules with respect to any class or category of persons.

14. Saving.– Nothing in these rules shall effect reservations, relaxation of age limit and other concessions required

to be provided for the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward

Classes, Ex-Servicemen and other special categories of persons in accordance with the orders issued by the

Government from time to time in this regard.

15. Residuary matters:– In regard to matters not specifically covered by these rules, the members of the Service

shall be governed by the rules, regulations and orders applicable to the Central Civil Services or equivalent

posts in general.

16. Interpretation:– If any question relating to interpretation of these rules arises, it shall be referred to the Central

Government who shall decide the same.

FIRST SCHEDULE

[See Rules 2 (g); 4 (1), (3); 7 (1) and 9 (1)]

Name, Number and scale of pay of duty posts included in the various grades of the

Indian Skill Development (Group ‘A’) Service

Sl.

No.

Grade

Name of the duty Posts included

in the Grade

Number of duty

posts

Pay Matrix

(As per 7th CPC)

Senior Administrative

Grade

Deputy Director General

Level-14

(Rs.1,44,200-

2,18,200)

Junior Administrative

Grade

Director

Level-13

(Rs.1,18,500-

2,14,200)

Senior Time Scale

(Non-Functional Selection

Grade)

Joint Director

23@

Level-12

(Rs.78,800-

2,09,200

Senior Time Scale

Deputy Director

Level-11

(Rs.67,700-

2,08,200)

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Junior Time Scale

Assistant Director

112

Level-10

(Rs. 56100-

1,77,500)

The number of posts in Senior Time Scale (Non Functional Selection Grade) shall be 15% of the Senior duty posts

i.e. at the level Senior Time Scale and above in the Cadre, limited to the number of posts in the Senior Time Scale.

However, there shall be no increase in the overall strength of the Cadre.

SECOND SCHEDULE

[ See Rule 7(1) (a)]

Method of recruitment, field of promotion, minimum qualifying service in the next lower grade and other eligibility

conditions for appointment of officers by promotion/transfer on deputation , as the case may be, to duty posts included

in the various grades of the Indian Skill Development (Group ‘A’) Service .

Sl.

Grade

Pay Matrix level

Method of

Recruitment

Field of Selection and minimum qualifying

service for promotion

(1)

(2)

(3)

(4)

Senior Administrative Grade

Pay Matrix Level-14

(Rs.1,44,200-2,18,200)

By Promotion

Junior Administrative Grade Officers of the

Indian Skill Service with three years

regular service rendered in the grade after

appointment thereto

Junior Administrative Grade

Pay Matrix Level-13

(Rs.1,18,500-2,14,200)

By Promotion

failing which by

Deputation (ISTC)

Promotion: Senior Time Scale Officers

(NFSG) with 5 years’ regular service

rendered in the grade.

Deputation(ISTC) : Officers under the

Central Government/State Governments/

Union

Territories/Public

Sector

Undertakings/Semi-Govt.

organisations/autonomous

and

statutory

organisations/recognized

universities/institutes:

(a)(i) Holding analogous posts, or

(ii) With 5 years’ service rendered in the

grade after appointment thereto on regular

basis in Pay matrix Level-12

(b) Possessing the following educational

qualifications and experience :

Essential:-

(i) A degree in the appropriate branch of

engineering of a recognized university or

institute (the exact discipline shall be

indicated at the time of each recruitment):

(ii)

Twelve

years’

experience

supervisory capacity in production or

maintenance or servicing or teaching in a

recognised technical institutes including

two years administrative experience.

Desirable :

(i) Master’s degree in engineering or

technology from a recognised university or

institute.

(ii) Knowledge of preparation of syllabi

teaching aida , training material.

Note 1: Promotion to the post carrying the

Pay Matrix Level -12 (7th CPC) upon

completion of 5 years regular service in the

grade, failing which the promotion shall be

made upon completion of 10 years regular

service in the Pay Matrix Level 11 and 12

(7th CPC), out of which 3 years of regular

service should have been rendered in Pay

Matrix Level-12 (7th CPC) This shall be

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applicable only to the incumbents who are

occupying the Service post(s) in the Pay

Matrix 11 and 12 (7th CPC) as on the date

of notification of these Service rules”

Note 2 The departmental officers in the

feeder grade who are in the direct line of

promotion shall not be eligible for

consideration

for

appointment

deputation. Similarly deputationist shall not

eligible

for

consideration

for

appointment of promotion.

Note 3: The period of deputation including

the period of deputation in another ex-cadre

post held immediately preceding this

appointment in the same organisation/

department of the Central Government

shall ordinarily not exceed five years. The

maximum age limit for appointment by

deputation shall be not exceeding 56 years

as on the closing date of receipt of

application.

Senior Time Grade (NFSG) Pay Matrix

Level-12

(Rs.67,700-2,08,200)

By Promotion

Senior Time Scale Officers with 5 years

regular service rendered in the grade after

appointment thereto

Senior Time Scale Pay Matrix

Level-11

(Rs.67,700-2,08,200)

66.7% by promotion

33.3 % by

Deputation (ISTC)

Promotion: Junior Time Scale Offices with

5 years’ regular service rendered in the

grade after appointment thereto.

Deputation (ISTC): Officers under the

Central

Government/State

Governments

/Union

Territories/Public

Sector

Undertakings/Semi-Govt.

organisations

/autonomous

and

statutory

organisations/recognized

universities/institutes:

(a)(i) Holding analogous posts or

(ii) With 5 years’ service rendered in the

grade after appointment there-to on regular

basis in Pay Matrix Level-10 (7th CPC)

(b) Possessing the following educational

qualification and experience

Essential:

(i) A degree in the appropriate branch,

engineering of a recognised university

or institute (the exact discipline shall be

indicated

the

time

each

recruitment).

(ii) Five years’ experience in a supervisory

capacity in production or maintenance

or servicing or teaching or training in a

recognised technical institute including

two year’s administrative experience.

Desirable:-

(a) Master’s degree in engineering or

technology from a recognised university

or institute.

(b) Knowledge of preparation of syllabi,

teaching aids, training material.

Note 1: The departmental officers in the

feeder grade who are in the direct line of

promotion

shall

not

eligible

for

consideration

for

appointment

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deputation. Similarly, deputationist shall not

eligible

for

consideration

for

appointment or promotion.

Note 2: The period of deputation including

the period of deputation in another ex-cadre

post held immediately preceding this

appointment

the

same

organisation/department of the Central

Government shall ordinarily not exceed four

years.

The

maximum

age

limit

for

appointment

deputation

shall

not

exceeding 56 years as on the closing date of

receipt of application.

Junior Time Scale Pay Matrix

Level-10

(Rs. 56100-1,77,500)

(i) 50% by

Promotion ( of

which 30 % ) from

candidates having

degree and 20%

from candidates

having Diploma

and other

qualifications

(ii) 50% by Direct

Recruitment

Promotion : Training Officer in Pay Matrix

with three years’ regular service rendered in

the grade after appointment thereto on

regular basis and possessing :-

(a)

National

Trade

Certificate

National Apprenticeship Certificate

in appropriate Trade with Craft

Instructor Certificate or National

Craft

Instructor

Certificate

equivalent certificate issued by the

National Council for Vocational

Training .Or

A degree from a recognised university

with National Certificate or National

Apprenticeship Certificate

NOTE : Where juniors who have completed their qualifying /or eligibility service are being considered for promotion ,

their seniors would also be considered, provided they are not short of the requisite qualifying or eligibility service by

more than half of such qualifying or eligibility service of two years, whichever is less and have successfully completed

their probation period for promotion to the next higher grade along with their juniors who have already completed such

qualifying or eligibility service.

THIRD SCHEDULE

[See rule 7 (1) (b)]

PART ‘A’

Composition of Group ‘A’ Departmental Promotion Committee for considering cases of promotion confirmation to

various grades of the Indian Skill Development (Group ‘A’) Service

Sl.

No.

Name of Duty Post

Group ‘A’ DPC (for considering promotion)

Group ‘A’ DPC (for

considering

confirmation)

Senior Administrative

Grade

Pay Matrix Level-14

(Rs.1,44,200-2,18,200)



Chairman/Member, Union Public Service

Commission - Chairman



Secretary (Ministry of Skill Development &

Entrepreneurship) – Member



Additional Secretary (Ministry of Skill Development

& Entrepreneurship) – Member

Not Applicable

Junior Administrative

Grade

Pay Matrix Level-13

(Rs.1,18,500-2,14,200)

1. Chairman/Member, Union Public Service Commission –

Chairman

2. Secretary,

Ministry

Skill

Development

Entrepreneurship – Member

3. Director General/Joint Secretary, Directorate General of

Training – Member

Not Applicable

Senior Time Scale

(NFSG)

Pay Matrix Level-12

(Rs.78,800-2,09,200)



Secretary, Ministry of Skill Development &

Entrepreneurship – Chairman



Director

General/Joint

Secretary,

Directorate

General of Training – Member



Deputy Director General of Training/Director of

Training, Directorate-General of Training –Member

Not Applicable

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¨sÁUÀ 4

Senior Time Scale

Pay Matrix Level-11

(Rs.67,700-2,08,200)

Special Secretary/Additional Secretary, Ministry

of Skill Development & Entrepreneurship –

Chairman

Director

General/Joint

Secretary,

Directorate

General of Training – Member

Deputy Director General (Training)/Director

of Training, Directorate General of Training –

Member

Deputy

Director

General

(Apprenticeship

Training)/Director

Apprenticeship

Training,

Directorate General of Training – Member

5. Director/Deputy

Secretary

(Admn.),

Directorate

General of Training – Member

Not Applicable

Junior Time Scale

Pay Matrix Level-10

(Rs. 56100-1,77,500)

Chairman/Member of Union Public Service

Commission – Chairman

Secretary , Ministry of Skill Development &

Entrepreneurship – Member

Director General/Joint Secretary, Directorate

General of Training –Member

Deputy Director General (Training)/Director of

Training, Directorate General of Training –

Member

Deputy

Director

General

(Apprenticeship

Training/Director of Apprenticeship Training,

Directorate General of Training) - Member

1.Joint

Secretary,

Ministry

Skill

Development

Entrepreneurship

Chairman

2.Director/Deputy

Secretary (Admn.),

Ministry of Skill

Development &

Entrepreneurship -

Member

3.Deputy Director

General

(Training)/Director of

Training, Directorate

General of Training –

Member

Deputy

Director

General

(Apprenticeship

Training/Director

Apprenticeship

Training, Directorate

General of Training) -

Member

FOURTH SCHEDULE

[See sub-rule (4) of rule 7]

Age and minimum educational and other qualification, experience and age limit for direct recruitment in the Junior

Time Scale of the Indian Skill Development Service.

(a) Age Limit – 21-30 years as on 1st January of the year of Examination.

( Relaxable for Schedule Castes and Schedule Tribes ,Other Backward Classes ,Physically Handicapped and

Government Servants as per instructions issued by DoPT from time to time)

Educational qualifications:

(i) A Degree in Engineering or Technology from a recognised university or institute.

[F. No. DGT-A-61012/1/2015-Adm.II]

ASHEESH SHARMA, Jt. Secy.

P.R. 43

SC - 20

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MINISTRY OF COMMERCE AND INDUSTRY

(The Marine Products Export Development Authority)

ORDER

Kochi, the 11th May, 2017

F. No. 1/7/2016-EP(MP).— In exercise of the powers conferred under Section 8 (1) of The Marine

Products Export Development Authority Act, (13 of 1972), The Marine Products Export Development

Authority (herein after referred as “MPEDA”) hereby constitutes an advisory committee of the MPEDA, to be

designated as “State Agency for Export Development of Aquaculture and Fisheries” (hereinafter referred as

“SAEDAF”) for various regions of the country as mentioned in annexure to this order.

1. Constitution of State Agency for Export Development of Aquaculture and Fisheries (SAEDAF). –

(1)

Each SAEDAF shall consist of the following members namely:-

(a)

Chief Secretary to the State Government where the SAEDAF is located

—Chairperson

(b)

A senior representative from MPEDA

—Member

(c)

Representative of the Government of India with the Department of Animal

Husbandry, Dairying and Fisheries

—Member

(d)

Chairman or nominee of Port Trust(s) of the concerned State

—Member

(e)

Representative of Coastal Aquaculture Authority

—Member

(f)

Representative of National Fisheries Development Board (NFDB) —Member

(g)

Principal Secretary/Commissioner of Fisheries of the State Government

—Member

(h)

Principal Secretary/Commissioner of Revenue of the State Government

—Member

(i)

The representative from State Nodal Agency for Biodiversity Act

—Member

(j)

A representative of Central Fisheries Research/Education Institute of the

State or Region

—Member

(k)

A representative of State Fisheries Research/Education Institute of the

State or Region

—Member

(l)

A representative of Hatchery operators in the concerned State or Region

—Member

(m) A representative of Aqua Farmers in the concerned State or Region

—Member

(n)

A representative of Fishers in the concerned State or Region —Member

(o)

A representative of Fishing vessel owners in the concerned State or Region

—Member

(p)

A representative of Processing Plant owners in the concerned State or Region

—Member

(q)

A representative of Ornamental fish breeders in the concerned State or Region

—Member

(r)

A representative of the exporters of seafood in the concerned State or Region —Member

(s)

Representative of NABARD

— Member

(t)

Representative of Lead Bank

— Member

(u)

Joint Director /Deputy Director of MPEDA in the concerned State —Member-Secretary

or Region

Special Invitees

Based on the agenda, the Member Secretary with the permission of Chairman, SAEDAF may invite the

District Collector, representatives from the State Departments which are not represented above, Societies of

MPEDA such as RGCA/NETFISH/NaCSA, or any other special invitees.

(2)

The members of SAEDAF will be nominated by the Government.

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(3) The Members of the SAEDAF shall hold office for such period not exceeding three years from the date of

appointment.

(4) All meetings of the SAEDAF shall be chaired by the Chairperson and in his/her absence, the meetings

shall be chaired by the next senior most representative of the Central Government or the State Government as

the case may be.

(5) The SAEDAF may devise, subject to any general or specific advice given by the MPEDA, its own

procedures for conduct of its meetings.

(6) The SAEDAF shall have one meeting in each quarter and not less than two meetings in a financial year.

2. Secretariat. - (1) The Headquarters of the SAEDAF shall be in a place designated by the MPEDA as its

Regional Division.

(2) The Regional Officer of the MPEDA shall act as the Member Secretary of the SAEDAF and

coordinate with relevant agencies to implement its decisions.

3. Functions: - (1) The SAEDAF shall advise and recommend MPEDA, concerned State Departments,

institutions like NFDB, CAA, NABARD and other Banking and financial institutions on the actions to be

taken including administrative and environmental clearances for the promotion of production, processing and

quality up gradation of fish and fishery products in the State or region as laid down in Chapter 2 Section 9(1)

of the MPEDA Act.

(2)

In particular, the SAEDAF may:-

(a) coordinate programmes, activities and projects of the concerned agencies of the Central and State

Governments relating to quality, production, development, promotion, marketing and export of marine

products;

(b) undertake programmes and projects, in particular, for promotion of export of marine products;

(d) carry out promotional programmes to increase production and consumption of marine products;

(e) assist and encourage creation of appropriate infrastructure for fishing, aquaculture, processing, storage

and quality assurance;

(f) undertake programmes and projects for research and development, promotion of innovative and

diversified aquaculture;

(g) disseminate information on market and price of fish and fishery products among all the stakeholders;

(h) promote co–operative efforts among aqua farmers, fishers and exporters for cluster based farming;

(i) assist and encourage capacity building on sustainable fishery, aquaculture, harvest, post harvest handling

and quality assurance of fish and fishery products;

(j) evolve suitable quality standards and introduce certification of quality for marine products;

(k) establish laboratories to undertake activities connected with aquaculture and quality of marine products

for export;

(l) advise the Central Government, State Governments of the region and MPEDA on matters related to

production, marketing, quality and export of marine products;

4. Powers:- (1) In discharging its functions, the SAEDAF, shall have the powers to sanction the expenditure

for undertaking programmes, activities and services and other administrative expenses as per the financial and

administrative powers delegated by the MPEDA.

(2)

In case, a specific approval of the SAEDAF cannot be obtained, the Member Secretary may perform

any of the function assigned to the SAEDAF, in consultation with the Chairman MPEDA, subject to the ex-

post facto approval in the next meeting, of the functions performed by him/her.

5. Finance.- (1) The SAEDAF shall submit an annual plan and budget of its activities which shall be

approved by the MPEDA for implementation by the concerned stakeholders and agencies.

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(2)

The Central Government may provide, through the MPEDA or otherwise, grant of such sums of

amount as may be necessary for the said SAEDAF to carry out its functions effectively.

6. Control.- The SAEDAF shall function under the overall authority, supervision and control of the MPEDA.

7. Each SAEDAF shall commence its operations from a date as may be notified by the MPEDA.

8. The MPEDA may setup and notify additional SAEDAF for other regions as may be necessary.

Annexure to notification of MPEDA issued under No. F. No. 1/7/2016 - EP (MP) dated 11th May, 2017.

State Agency for Export Development of Aquaculture and Fisheries (SAEDAF)

S. No.

State Covered

Name of SAEDAF

Gujarat

SAEDAF, Veraval

Maharashtra

SAEDAF, Mumbai

Goa

SAEDAF, Goa

Karnataka

SAEDAF, Mangalore

Kerala

SAEDAF, Kochi

Tamil Nadu

SAEDAF, Chennai

Andhra Pradesh

SAEDAF, Vijayawada

Odisha

SAEDAF, Bhubaneshwar

West Bengal

SAEDAF, Kolkata

Dr. A. JAYATHILAK, Chairman, MPEDA

[ADVT-III/4/Exty./74/17]

P.R. 59

SC - 20

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MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 19th January, 2017

S.O. 186(E).—Whereas the draft proposal to revise the minimum rates of wages per day payable to the

Schedule mentioned categories of employees engaged in the employment of Agriculture was published in the Gazette of

India, Extraordinary, Part II, Section 3, Sub-section (ii), as required by clause (b) of sub-section (1) of section 5 of the

Minimum Wages Act, 1948 (11 of 1948), vide notification number S.O. 2832(E), dated the 1^st September, 2016 of the

Government of India in the Ministry of Labour and Employment for information and inviting objections and

suggestions from all persons likely to be affected thereby, till the expiry of the period of two months from the date on

which the copies of the Gazette of India containing the said notification were made available to the public;

AND whereas the copies of the said Gazette were made available to the public on the 2^nd September, 2016;

AND whereas objections and suggestions received on the said proposal have been considered by the Central

Government;

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NOW, THEREFORE, in exercise of the powers conferred by clause (b) of sub-section (1) of section 3 read

with clause (i) of sub-section (1) of section 4 and sub-section (2) of section 5 of the said Act, and in supersession of the

notification of the Government of India in the Ministry of Labour and Employment, number S.O.1520(E), dated the

20^th October, 2005 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), relating to

revision of minimum rates of wages payable to the employees engaged in the employment of Agriculture, except as

respects things done or omitted to be done before such supersession, the Central Government after consulting the

Advisory Board hereby revises the minimum rates of wages per day, as specified in columns (2) to (4) of the Schedule

annexed hereto, payable to the categories of employees mentioned against them in column (1) thereof, in the

employment of Agriculture.

(1).

The revised minimum rates of wages shall be effective from the date of publication of this notification in the

Official Gazette.

(2).

The revised minimum rates of wages shall consist of,-

(a)

basic rates of wages as set out in columns (2), (3) and (4) of Part I of the Schedule mentioned hereunder and

payable to the categories of employees engaged in the employment of agriculture as specified in column (1)

thereof; and

(b) a special allowance (hereinafter referred to as Variable Dearness Allowance) at the rates as set out in columns

(2), (3) and (4) of Part II of the Schedule for the respective categories of employees mentioned in column (1)

thereof and the Variable Dearness Allowance shall be adjusted by the Chief Labour Commissioner (Central) at

an interval of every six months commencing on 1^st October and 1^st April of every year on the basis of the

average Consumer Price Index Number for Industrial Workers (Base 2001=100) for the preceding period of six

months ending on 30^th June and 31^st December every year respectively, at the rate of and in the manner specified

in the columns (2), (3) and (4) of Part II of the said Schedule.

SCHEDULE

PART I

Categories of employees

Basic Rates of Minimum Wages

Area-A

Area-B

Area-C

(1)

(2)

(3)

(4)

Unskilled

Rs.

Beldar, Calf boy, Cattleman, Cleaner (Motor shed, Tractor, Cattle

Yard, M.T), Collecting loose fodder, Dairy coolie, Dairyman,

Dismantling stocks, Dresser, Driver (Bullocks Mule), Grazler,

Helper,

(Store-Mazdoor),

Labourer

(Boiler,

Cattle

Yard,

Cultivation, General Loading and Unloading, Bunding, Carting-

Fertilizers,

Harvesting,

Miscellaneous

Seeding,

Sowing,

Thatching,

Transplanting,

Weeding)

Mali,

Mazdoor

(Arportculturist Compost, Dairy’s Haystaking, Irrigation, Manure,

Stacking, Milk-room, Ration room Store, Anti-Malaria, M.R.),

Messenger (Office), Peon, Syce, Tying and Carrying loose hay,

Sweeper, Weighing and Carrying bales, Weighman (Bales, pally),

Waterman, Stable man, Trolly man, and any other categories by

whatever name called which are of unskilled nature.

333.00

303.00

300.00

Semi-skilled/Unskilled Supervisory

Assistant (Chowdhary), Attendant (Bull-calving lines, Chowkidar,

Chaff cutter, Hostel, Dry Stock, Grain crusher, Pump, Siekline,

Stable, Yard Stock), Assistant-Plumber, Attendant, Bhisti,

Brander, Bullman, Butterman, Coachman, Cobbler, Cultivator,

Daftry,

Deliveryman,

Dhobi,

Dresser,

Fireman,

Gowala,

Hammerman, Helper (Blacksmith), Helper, Jamadar (stand),

Jamadar, Khalasi, Mali Senior, Mate/Mistry, Mazdoor (literate),

Nalband, Oilman, Ploughman, Vtackers, Supervisor, Thatcher,

Valveman, Valveman (Senior), Wireman fixing tin cables, and

any other categories by whatever name called which are of a

semi-skilled nature.

364.00

335.00

307.00

Skilled

Artificer (Class-II, III, IV), Blacksmith, Blacksmith (Class II),

Boilerman, Carpenter, Carpenter (Class II) Carpenter-cum-

395.00

364.00

334.00

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Blacksmith, Chowdhary, Driver, Driver (Engine Tractor, M.T.

Motor), Electrician, Fitter, Mason, Mason Class II, Machine hand

(Class II, III, IV), Machineman, Mate Gr. I (Senior), Mechanic,

Milk Writer, Mistry (Head), Moulder, Muster Writer, Operator

(Tube-well), Painter, Plumber, Welder, Upholsterer, Wireman,

and any other categories by whatever name called which are of a

skilled nature.

Highly Skilled

Artificier Class I, Blacksmith Class I Carpenter Class I, Machine

Hand Class I, Mason Class I, Mechanic (Senior), and any other

categories by whatever name called which are of highly skilled

nature.

438.00

407.00

364.00

Clerical

Assistant (Farm). Assistant (Cashier), Computer/Data Entry

Operator, Clerk, Munshi, Register Keeper, Storekeeper, Time

Keeper, Typist, and any other categories by whatever name

called which are of clerical nature.

395.00

364.00

334.00

PART II

Categories of Workers

Rate of Variable Dearness Allowance for every point rise or fall beyond 271,

which is the average monthly Consumer Price Index Number for industrial

workers (Base year 2001=100), for the period January-June, 2016.

Area ‘A’

Area ‘B’

Area ‘C’

(1)

(2)

(3)

(4)

Unskilled

1.22

1.11

1.10

Semi-skilled/

Unskilled-Supervisory

1.34

1.23

1.13

3. Skilled and Clerical

1.45

1.34

1.23

4. Highly Skilled

1.61

1.50

1.34

PART - III

Explanation : For the purposes of this notification, -

(a) Area “A” and Area “B” shall respectively comprise of all the places as specified in the Annexure to this notification

and include all places within a distance of fifteen kilometers from the periphery of Municipal Corporation or

Municipality or Cantonment Board or Notified Area Committee of a particular place, and Area “C” shall comprise of

all the other places not mentioned in the Annexure to which the Minimum Wages Act, 1948 (11 of 1948) extends.

The places added or upgraded from time to time by the Ministry of Finance for the purpose of payment of House

Rent Allowance to Central Government employees shall be taken to be added from such dates for the purpose of

classification specified in the Annexure to this notification;

(b) Where in any area the minimum rates of wages fixed by this notification are lower than the minimum rates of

wages fixed by the State Government for the employees of the aforesaid employments in relation to which the

State Government is the appropriate Government, the rates of wages fixed by the State Government shall in respect

of these areas, be deemed to be the minimum rates of wages payable under this notification;

(c)

(i)

“Unskilled Work” means work which involves simple operations requiring little or no skill or experience

on the job;

(ii)

“Semi-skilled Work” means work which involves some degree of skill or competence acquired through

experience on the job and which is capable of being performed under the supervision or guidance of a

skilled employee and include unskilled supervisory work;

(iii)

“Skilled Work” means work which involves skill or competence acquired through experience on the job

or through training as an apprentice in a technical or vocational institute and the performance of which

calls for initiative and judgement;

(iv)

“Highly Skilled Work” means work which calls for a degree of perfection and full competence in the

performance of certain tasks including clerical work acquired through intensive technical or professional

training or practical work experience for certain reasonable period and also requires of an worker to

assume full responsibility for the judgement or decision involved in the execution of the tasks;

(d)

The minimum rates of wages include the Wages for weekly day of rest;

(e)

The minimum rates of wages fixed by this notification are applicable to employees engaged by contractors also;

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(f)

The minimum rates of wages payable to disabled employees shall be the same as payable to workers of the

appropriate category;

(g)

The men, women and transgender employees shall get the same rates of wages for the same work or work of

similar nature; and

(h)

Minimum rates of wages and variable dearness allowance both constitute the minimum rates of wages to be

enforceable under the Minimum Wages Act, 1948 (11 of 1948).

[F. No. S-32017/1/2016-WC (MW)]

Dr. D. CHAUDHURI, Dy. Director General

ANNEXURE

CLASSIFICATION OF AREA

AREA – “A”

Ahmedabad

(UA)

Hyderabad

(UA)

Faridabad complex

(M.Corpn)

Bangaluru

(UA)

Kanpur

(UA)

Ghaziabad

(UA)

Delhi

(UA)

Chennai

(UA)

Noida

Greater Mumbai

(UA)

Nagpur

(UA)

Secunderabad

Kolkata

(UA)

Lucknow

(UA)

Gurgaon

(M. Corpn)

Navi Mumbai

(UA)

Pune

(UA)

AREA – “B”

Agra

(UA)

Gwalior

(UA)

Port Blair

(UA)

Ajmer

(UA)

Hubli-Dharwad

(M. Corpn)

Puducherry

(UA)

Aligarh

(UA)

Indore

(UA)

Raipur

(UA)

Allahabad

(UA)

Jabalpur

(UA)

Raurkela

(UA)

Amravati

(M.Corpn)

Jaipur

(M.Corpn)

Rajkot

(UA)

Amritsar

(UA)

Jalandhar

(UA)

Ranchi

(UA)

Asansol

(UA)

Jalandhar-Cantt.

(UA)

Saharanpur

(M.Corpn)

Aurangabad

(UA)

Jammu

(UA)

Salem

(UA)

Bareilly

(UA)

Jamnagar

(UA)

Sangli

(UA)

Belgaum

(UA)

Jamshedpur

(UA)

Shillong

Bhavnagar

(UA)

Jhansi

(UA)

Siliguri

(UA)

Bhiwandi

(UA)

Jodhpur

(UA)

Solapur

(M.Corpn)

Bhopal

(UA)

Kannur

(UA)

Srinagar

(UA)

Bhubaneshwar

(UA)

Kochi

(UA)

Surat

(UA)

Bikaner

(M.Corpn)

Kolhapur

(UA)

Thiruvanantapuram

(UA)

Bokaro Steel City

(UA)

Kollam

(UA)

Thrissur

(UA)

Chandigarh

(UA)

Kota

(M.Corpn)

Tiruchirappalli

(UA)

Coimbatore

(UA)

Kozhikode

(UA)

Tiruppur

(UA)

Cuttack

(UA)

Ludhiana

(M.Corpn)

Ujjain

(M.Corpn)

Dehradun

(UA)

Madurai

(UA)

Vadodara

(UA)

Dhanbad

(UA)

Malappuram

(UA)

Varanasi

(UA)

Durgapur

(UA)

Malegaon

(UA)

Vasai- Virar City

(M.Corpn)

Durg-Bhilai

Nagar

(UA)

Mangalore

(UA)

Vijayawada

(UA)

Erode

(UA)

Meerut

(UA)

Vishakhapatnam

(M.Corpn)

Firozabad

Moradabad

(M. Corpn)

Warangal

(UA)

Goa

Mysore

(UA)

Gorakhpur

(UA)

NandedWaghala

(M. Corpn)

Greater

Visakhapatnam

(M.Corpn)

Nasik

(UA)

Gulbarga

(UA)

Nellore

(UA)

Guntur

(UA)

Panchkula

(UA)

Guwahati

(UA)

Patna

(UA)

Note 1.-Area ‘C’shall comprise all areas not mentioned in this list but to which the Minimum Wages Act, 1948 (11

of 1948) extends.

Note 2.- U.A. means Urban Agglomeration.

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NOTIFICATION

New Delhi, the 19th January, 2017

S.O. 187(E).—Whereas the draft proposal to revise the minimum rates of wages per day payable to the

Schedule mentioned categories of employees engaged in the employment of “Gypsum Mines, Barytes Mines, Bauxite

Mines, Manganese Mines, China Clay Mines, Kyanite Mines, Copper Mines, Clay Mines, Magnesite Mines, White Clay

Mines, Stone Mines, Steatite Mines (including the mines producing Soap Stones and Talc), Ochre Mines, Asbestos

Mines, Fire Clay Mines, Chromite Mines, Quartzite Mines, Quartz Mines, Silica Mines, Graphite Mines, Felspar Mines,

Laterite Mines, Dolomite Mines, Red Oxide Mines, Wolfram Mines, Iron Ore Mines, Granite Mines, Rock Phosphate

Mines, Hematite Mines, Marble and Calcite Mines, Uranium Mines, Mica Mines, Lignite Mines, Gravel Mines, Slate

Mines and Magnetite Mines” was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), as

required by clause (b) of sub-section (1) of section 5 of the Minimum Wages Act, 1948 (11 of 1948) vide notification of

the Government of India in the Ministry of Labour and Employment number S.O. 2833(E), dated the 1^st September, 2016

for information and inviting objections and suggestions from all persons likely to be affected thereby, till the expiry of

the period of two months from the date on which copies of the Gazette of India containing the said notification were

made available to the public;

AND whereas the copies of the said Gazette were made available to the public on the 2^nd September, 2016;

AND whereas objections and suggestions received on the said proposal have been considered by the Central

Government;

NOW, THEREFORE, in exercise of the powers conferred by clause (b) of sub-section (1) of section 3 read with

clause (i) of sub-section (1) of section 4 and sub- section (2) of section 5 of the said Act, and in supersession of the

notification of the Government of India in the Ministry of Labour and Employment, published in the Gazette of India

Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O. 1286(E), dated the 20^th May, 2009, except as

respects things done or omitted to be done before such supersession, the Central Government after consulting the

Advisory Board hereby revises the minimum rates of wages per day, as specified in columns (3) and (4) of the schedule

annexed hereto, payable to the categories of employees mentioned against them in columns (2) thereof and engaged in

the employment of aforesaid mines.

(1)

The revised minimum rates of wages shall be effective from the date of publication of this notification in the

Official Gazette.

(2)

The revised minimum rates of wages shall consist of,-

(a) basic rates of wages as set out in columns (3) and (4) of Part – I of the Schedule mentioned hereunder and

payable to the categories of employees employed in the employment in the aforesaid mines as specified in column (2)

thereof; and

(b) a special allowance (hereinafter referred to as Variable Dearness Allowance) at the rate as set out in

columns (3) and (4) of Part – II of the said Schedule and payable to the categories of employees working in mines

mentioned in column (2) and the Variable Dearness Allowance shall be adjusted by the Chief Labour Commissioner

(Central) at an interval of every six months commencing on 1^st October and 1^st April of every year on the basis of the

average Consumer Price Index Number for Industrial Workers (Base 2001=100) for the preceding period of six months

ending on 30^th June and 31^st December every year respectively, at the rate of and in the manner specified in the columns

(3) and (4) of Part II of the Schedule.

SCHEDULE

PART – I

Serial

Number

Categories of employees

Minimum Rates of Basic Wages per Day (In

Rupees)

Above Ground

Below Ground

(1)

(2)

(3)

(4)

Unskilled

350.00

437.00

Semi-Skilled /Unskilled Supervisory

437.00

523.00

Skilled/Clerical

523.00

610.00

Highly Skilled

610.00

683.00

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PART – II

Serial

Number

Categories of employees

Rate of Variable Dearness Allowance for every point rise or fall

beyond 271, which is the average monthly Consumer Price Index

Number for industrial workers (Base year 2001=100), for the

period January-June, 2016.

Above Ground

Below Ground

(1)

(2)

(3)

(4)

Unskilled

1.29

1.13

Semi-skilled/Unskilled-

Supervisory

1.61

1.36

Skilled and Clerical

1.93

1.58

Highly Skilled

2.25

1.80

PART– III

CLASSIFICATION OF WORKERS

1. UNSKILLED WORKERS

1. Cleaner

2. Dresser / Dressing Mazdoor

3. Helper

4. Loader

5. Mazdoor (Male/Female)

6. Messanger (Male / Female)

7. Trammer

Caretaker (except in Copper,

Chromite and Graphite

mines where it is semi-

skilled)

9. Office Peon /Peon (except in Bauxite

Mines)

10.

Sweeper (Male / Female)

11. Carrier

12. Number Taker

13. TrollyTriper

14. Water Carrier

15. Hole cutter

16. Earth Cutter

17. Survey Khalasi

18. Khalasi not attending to

machines

19. Carrier (Stone)

20. Cartman

21 Concrete (Hand Mixer)

22. Driver (Mule, Bullock,

Camel, Donkey)

23. Lampman

24. Petrol man

25. Waterman

26. Beldar/Beldar (Canteen)

27. Coolie

28. Breaker (using manual

appliances)

29. Cook-helper

30 Office Boy

31. Quarry Worker

32. Jelly Maker

33. Over burden

Remover

34. Waste removing

mazdoor

35. Unloader

36. Excavating Labour

37. Digger

38. Butcher

39. Attender

40. Compressor Attendant

41. Lorry Helper

42. Surface loader

43. . Wood Cutter

44 Surface Mukar

45. Under Ground Mukar

and any other categories of workers by whatever name called, which are unskilled.

2. SEMI-SKILLED WORKERS/UNSKILLED SUPERVISORY

1. Bhisti

2. Assistant Driller

3. Miner

4. Butler/Cook

5. Breaker (using mechanical

appliances)

6. Crech Ayah/Ayah/

Untrained Crech Attendant

7. Untrained Mate/ Mining Mate/ Mate

without Competency certificate Under

Metalliferous Mines Regulations, 1961

8. Oilman/Oiler

9. Chowkidar/ Watchman

10. Helper (Mason, Carpenter,

Blacksmith)

11. Tindals

12. Muccadam (without

competency certificate under

Metalliferous Bulldozer Driver

Mines Regulations, 1961)

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13. Pump Attendant (except in Gypsum,

Barytes and Rock Phosphate)

14. Khalasi (bulldozer) Pump

Khalasi/Dumper Khalasi Compressor

Khalasi

15. Khalasi attending to

Machines

16. Quarry Man

17. Quarry Operator

18. Stocker

19. Storeman

20. Thatcher

21. Thoomba Man

22. Trolley Man

23. Jamadar

24. Bearer

25. White Washer

26. Breaks Man

27. Topaz

28. Topker

29. Helper (Loco, Crane, Truck)

30. Edge Runner

31. Pack Wallers

32. Rock Wallers

33. Jack Hammer

34. Pillarman

35. Banks Man

36. Cash Guard

37. Checker

38. Dhobi (Male/Female)

39. Fireman (except in Mica Mines

where it is skilled)

40. Hammer Man

41. Grinder

42. Greaser

43. Mali/Gardener

44. Points Man

45. Attendant

46. Telephone

Attendant

47. Boiler Man/without

certificate

48. Assistant Blaster

49. Crusher Operator

50. Lamp room Incharge/ Attendant

51. Sampler/Sampler Boy

52. Stone Cutter and Dresser

53. Dresser Grade-II

54. Sepoy

55. Meter Reader

56. Caretaker in Copper, Chromite

and Graphite Mines

57. Assistant Drill Operator

58. Canteen Boy

59. Butler-cum-Cook

60. Ventilation

Fan Attendant

61. Tool Sharpner

62. Picker (Male/Female)

63. Charge-room

Attendant

64. Assistant Mechanic

65. Assistant Fitter

66. Mechanical Helper

67. Mail Dak Runner

68. Attendant ‘C’

Category

69. Laboratory Attendant

70. Labour Sirdhar

71. Halwai

72. Canteen

Attendant

73. Signal Man

74. Dak Boy

75. Ward Boy

76. Laboratory Boy

77. Peon, only in Bauxite

Mines

78. Senior Sweeper

79. Shearer

80. Wast Cutter

81. Gun-Man

82. Explosive Carriers

83. Guage Workers

84. Disc Workers

85. Sorter

86. Mica Cutter

Grade-II

87. Chisleman

88. Fire Clay Press or drying and

refining except overburden requiring

earth cutting

89. Labour Dafadar

90. Mines Dafadar

91. Manual Chelly

Breaker

92. Manual Blast/

Metal Breaker

and any other categories of workers by whatever name called, which are Semi-skilled.

3. SKILLED WORKERS

1. Airwineh Haulage Operator

2. Auto-electrician

3. Painter

4. Blacksmith

5. Tailor

6. Compressor Operator

7. Blaster/Shot-firer

8. Driver

9. Head cook

10. Chargeman

11. Carpenter

12. Concrete Mixer Operator

13. Compressor

Attendant

14. Air Compressor

Attendant

15. Tractor Driver

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16. Vehicle Driver

17. Chemist and Assistant/

Chemist

18. Sub- overseer (unqualified)

19. Driller

20. Handhole Driller

21. Drill Mechanic

22. Driver Auto

23. Electrician

24. Wirelesss Operator Asstt. Foreman

25. Foreman

26. Fitter

27. Ferry Driver

28. Issuer Loco

29. Super Foreman

30. Hoist Operator

31. IMCE Driver

32. Driver

33. Loco Driver

34. Loader Operator

35. Linesman

36. Mechanic/ Machinist

37. Mason

38. Mid Wife

39. Tinsmith

40 Supervisory Mechanic

41. Pump Attendant only in

Gypsum, Barytes and Rock

Phosphates

42. Pump Operator/Driver

43. Mining Mate with competency

certificate under Metalliferous Mines

Regulations, 1961.

44. Mistry

45. Skilled Mazdoor

46. Turner

47. Senior Mechanic

48. Pipe Fitter

49. Supervisor

50. Drafts Man

51. Wireman

52. Timber Man/Timber Mistry Elect.

53. Stone Crusher Operator

54. Crusher Operator

55. Moulder

56. Welder

57. Operator

58. Work Mistry

59. Engine Driver

60. Mining Engine Driver Grade -II

61. Engineman

62. Valveman

63. Cutter

64. Winding Engine

Driver Grade - II

65. Security Guard (Unarmed) /

Head Chowkidar

66. Shovel Operator

67. Limco Loader Operator

68. Surface Supervisor

69. Dozer Operator

70. Compressor Driller

71. Dumper Tractor Operator

72. Boiler Man (with Certificate)

73. Machinery Attendant

74. Air-conditions Mechanic

75. Crech Attendant only in Magnesite,

Manganese and Mica Mines

76. Power Shovel Operator

77. Power and Pump

House Operator

78. Miner Grade - I

79. Tractor Operator

80. Tub Repairer

81. Lathe Mistry

82. Stationery Engine Attendant

83. Generator Operator

84. Loading Foreman

85. Diesel Mechanic

86. Ferro Printer

cum-chairman

87. Haulage Operator

88. Dispensary Attendant

89. Work Sakar

90. Mica Cutter Grade -I

91. Dresser Grade -I Mica

92. Supervisory Fireman

93. Fireman only in Mines

94. Compressor Driver

95. Pump Man Driver

96. Grinder in Mica Mines

97. Sirdhar Lathe Man

98. Muccatam (with Compentency

Certificate

under

Metalliferous

MinesRegulations, 1961).

99. Geologist

and any other categories of workers by whatever name they are called, which are Skilled.

4. CLERICAL WORKERS

1. Store clerk

2. Tally Clerk

3. Store Issuer

4. Tool Keeper

5. Computer/Date Entry Operator

6. Record Keeper

7. Tracer

8. File Clerk

9. Register Keeper

10. Time Keeper

11. Clerk

12. Munshi

13. Store Attendant

14. Teller Clerk

15. Typist

16. Magazine Clerk

17. Telex or Telephone Operator

18. Hindi Translator

19. Assistant

20. Librarian

21. Assistant Magazine Clerk

22. Store Keeper

and any other categories of workers by whatever name they are called, which are Clerical.

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5. HIGHLY SKILLED WORKERS

1. Compounder

2. Overseer

3. Surveyor

4. Winding Engine

Driver

5. Operator (Heavy Earth Moving

Shovel and Bulldozer)

6. Head Mistry

7. Staff Nurse with

Diploma

8. Drill Operator other than Jack

Hammer

9. Electrical Supervisor

with Competency

Certificate

10. Underground Shift

Boss

11. Head Mechanic

12. Qualified and Experienced

Welder

13. Machine Tool

Mechanic

14. Mechanical/Plant

Foreman

15. Mining Supervisor

16. Vocational Training

Instructor/Teacher

17. Head Electrician

18. Accountant

19. Steno with 7 years of service

20. Store Incharge

21. Shift Incharge

22. Supervisor

23. Incharge of Watch

and Ward

24. Security Guard (Armed)

and any other categories of workers by whatever name they are called, which are highly skilled.

Explanation: For the purposes of this notification, -

(a) the minimum rates of wages shall consist of all inclusive rates including the basic rates, the cost of living

allowance, namely, special allowance and the cash value of the concessional supply, if any, of essential

commodities;

(b) the minimum rates of wages includes the wages for weekly day of rest;

(d) the minimum rates of wages for disabled persons shall be the same as payable to the workers of the appropriate

category;

(e) (i) “unskilled work” means work which involves simple operations requiring little or no skill or experience on

the job;

(ii) “semi-skilled work” means work which involves some degree of skill or competence acquired through

experience on the job which is capable of being performed under the supervision or guidance of a skilled

employee and includes supervisory work;

(iii) “skilled work” means work which involves skill or competence acquired through experience on the job or

through training as an apprentice in a technical or vocational institute and the performance of which calls

for initiative and judgment;

(iv) “miner” means a worker who is directly involvedorengaged in excavation or extraction by way of digging,

picking, sorting, creasing, processing and loading and other incidental works thereto in a mine; and

(v) “highly skilled work” means work which calls for a high degree of perfection and full competence in the

performance of certain task acquired through intensive technical or professional training or practical work

experience for long years and also requires of a worker to assume full responsibility for his judgment or

decision involves in the execution of these tasks;

(f)

a person working or employed in or in connection with a mine is said to be working or employed “below ground”

if he is working or employed,-

(i)

in a shaft which has been or in the course of being sunk; or

(ii)

in any excavation which extends below superjacent ground; or

(iii)

in an open cast working in which the depth of the excavation measured from its highest to its lowest point

exceeds six metres;

(g)

where the existing rates of wages of any employee, based on contract or agreement or otherwise are higher than

the rates notified, the higher rates shall be protected and treated as the minimum rates of wages for purpose of this

notification;

(h)

where in any area the minimum rates of wages fixed by this notification are lower than the minimum rates of

wages fixed by the State Government for the employees of the aforesaid Employments in relation to which the

State Government is the appropriate Government, the rates of wages fixed by the State Government shall in

respect of these areas, be deemed to be the minimum rates of wages payable under this notification;

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(i)

men, women and transgender employees shall be entitled for the same rates of wages for the same work or works

of a similar nature; and

(j).

the minimum rates of wages and Variable Dearness Allowance both constitute the minimum rates of wages to be

enforceable under the Minimum Wages Act, 1948 (11 of 1948).

[F. No. S-32017/1/2016-WC (MW)]

Dr. D. CHAUDHURI, Dy. Director General



NOTIFICATION

New Delhi, the 19th January, 2017

S.O. 188(E).—Whereas the draft proposal to revise the minimum rates of wages per day payable to the

Schedule mentioned categories of employees engaged in the employment of “Construction or Maintenance of Roads or

Runways or in Building Operations including laying down Underground Electric, Wireless, Radio, Television,

Telephone, Telegraph and Overseas Communication Cables and similar other underground Cabling Work, Electric

Lines, Water Supply Lines and Sewerage Pipe Lines” was published in the Gazette of India, Extraordinary, Part II,

section 3, sub-section (ii) as required by clause (b) of sub-section (1) of section 5 of the Minimum Wages Act, 1948

(11 of 1948) vide notification of the Government of India in the Ministry of Labour and Employment number

S.O. 2834 (E), dated the 1^st September, 2016 for information and inviting objections and suggestions from all persons

likely to be affected thereby, till the expiry of the period of two months from the date on which copies of the Gazette of

India containing the said notification were made available to the public;

AND whereas the copies of the said Gazette were made available to the public on the 2^nd September, 2016;

AND whereas objections and suggestions received on the said proposal have been considered by the Central

Government;

NOW, THEREFORE, in exercise of the powers conferred by clause (b) of sub-section (1) of section 3 read with

clause (i) of sub-section (1) of section 4 and sub-section (2) of section 5 of the said Act, and in supersession of the

notification of the Government of India in the Ministry of Labour and Employment, published in the Gazette of India,

Part II, Section 3, Sub-section (ii), vide number S.O. 1285(E), dated the 20^th May, 2009, except as respects things done

or omitted to be done before such supersession, the Central Government after consulting the Advisory Board hereby

revises the minimum rates of wages per day, as specified in columns (2) to (4) of the Schedule annexed hereto, payable

to the categories of employees engaged in aforesaid employment.

(1).

The revised minimum rates of wages, shall be effective from the date of publication of this notification in the

Official Gazette.

(2)

The revised minimum rates of wages shall consist of,–

(a) basic rates of wages as set out in columns (2), (3) and (4) of Part I of the Schedule mentioned hereunder and

payable to the categories of employees in the aforesaid employment as specified in column (1) thereof; and

(b) a special allowance (hereinafter referred to as Variable Dearness Allowance) at the rate as set out in

columns (2), (3) and (4) of Part II of the said Schedule and payable to the employees mentioned in column (1) thereof

and the Variable Dearness Allowance shall be adjusted by the Chief Labour Commissioner (Central) at an interval of

every six months commencing on 1^st October and 1^st April of every year on the basis of the average Consumer Price

Index Number for Industrial Workers (Base 2001=100) for the preceding period of six months ending on 30^th June and

31^st December every year respectively, at the rate of and in the manner specified in the columns (2), (3) and (4) of Part II

of the said Schedule.

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SCHEDULE

Part –I: Basic Minimum Rates Wages

Category of Worker

Minimum Rates of Basic wages per day

(in Rupees)

(1)

(2)

(3)

(4)

Area (A)

Area (B)

Area (C)

Unskilled

Bajri Spreader, Beldar, Beater Women, Bell-Woman, Chain Man,

Boat Man, Bucket Man, Carrier (Stone), Carrier (Water), Cartman,

Caretaker (Bridge), Cleaner (Crane, Truck, Cinder for ash Pit),

Chowkidar, Concrete (Hand Mixer), Daffadar, Driver (Bullock,

Camel, Donkey, Mule), Flag Man, Flagman (Blast Train), Gate Man,

Gangmen,Gatingman (Permanent Way), Handle Man, Jumper Man,

Kamin (Female Work), Khalas, Bridge, Electrical, Marine, Moplah,

Store, Steam Road, Share, Roller Survey, labourer (Garden),

Mazdoor, Hole Cutter, Lorry Trainees, Petrolman, Peon, Searcher,

Signal man, Strikers, Striker (Moplah gang), Sweeper, Tall Boy, Tile

Turner, Trolly man, Vaks Controller, Valveman, Watchman, White

Washer, Wooderman, Wooder Woman, Borryman, Coalman,

Condenser, Attendant, Grass Cutter, Muchhers Jamadars, Condenser

Attendant, Shunters, and any other categories by whatever name

called, which are of an unskilled nature.

523.00

437.00

350.00

Semi-skilled / Unskilled Supervisory

Belchawala, Bhisti, Bhisti (with Mushk), Boatman (head), Breaker,

Breaker (Stone, Rock, Rock Stone, Stone Metal, Canweaver, Chain-

man (Head), Charpoy-Stringer, Checker, Cracker, Daftri, Dollyman,

Assistant, Driller, Driver (Skin), Excavator, Ferroman, Fireman,

Fireman (Brick Kiln, Steam Road Roller), Gate Keeper, Gharami

Thatcher,

Classman,

Grater,

Greaser-cum-Fireman,

Grinder

Hammerman, Helper (Artisan), Helper (Sawyer), Jamadar, Keyman,

Khalasi (Head Survey, Rivertters-Moplah Gang, Supervisory),

Labourer (Rock-Cutting), Lascar, Mali (Head), Mate, Mate

(Blacksmith, Road, Carpenter), Engine Driver and/or Feeder, Fitter,

Gang, Khalasi, Mazdoor Mason, Permanent Way, Pump-Driver,

Turner), Mazdoor (Heavy-weight), Charge-man, Mistri (Head,

Muccadam, Night-guard, Runner (Post dak), Oilman, Quarry man,

Quarry Operator, Stoneman, Stocker, Thatcher, Stockers and

Boilerman, Thoombaman (Spade worker), Tindals, Trollyman (Head

Motor), Fitter (Assistant Semi-Skilled), Jamadar, (Semi-skilled),

Mate (Stone), Pump Attendant, Bearer, Breakman, Crowlder Man,

Cook, Dandee, Frash, Hacksaw man, Helper (locco-Crane/Truck),

Kasab, Khalasi (Structural), Laboratory Boy, Manjhee (Boatman),

Masalchi P.M. Mates, PointsmanSencummy, Topas, Topkar (Big

Stone Breaker), TrollyJamadar, Winchman, Attendance-keeper,

Assistant Wireman and any other categories by whatever name

called, which are of semi-skilled nature

579.00

494.00

410.00

Skilled

Assistant Mistry, Armature Winder Grade-II and III, Bhandari,

Blacksmith, Blacksmith (Selection Grade, Grade II, III, Class II and

III) Boilerman, Boilerman Grade II and III, Boiler Foreman Grade II,

Work (Assistant), Brick Layer, Bricklayer (Selection Grade, Class

II), Blaster, Chowkidar (Head), Security Guard (without arms),

Carpenter, Carpenter (Selection Grade, Grade II and III, Class I and

III Assistant, B.I.M. Road, Cabinet Maker,Caneman, Celotex, Cutter

Maker Chargeman, Class II and Class III, Carpenter Ordinary),

Checkder (Junior), Chick Maker, Chickman (Junior) Concrete

Mixure Mixer, Concrete Mixure Operator, Cobbler, Coremaker,

Driver, Driver Motor Vehicle, Motor Vehicle Selection Grade, Motor

Lorry, Motor-Lorry Grade II, Lorry Grade II, Diesel Engine, Diesel

Engine Grade II, Mechanical Road Roller I.C. and Cement Mixer

637.00

579.00

494.00

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etc., Road Roller, Road Roller Driver Grade II, Driver (Engine Static,

Stone Crusher, Tractor/Bull Dozer, Steam Road Roller, Water Pump,

Mechanical Assistant, Road Roller, Mechanical, Steam Crane,

Tractor with Bull Dozer Mechanical, Transport, Engine Static and

Road Roller Boiler Attendant, Engine Operator (Stone Cursher

Mechanical) Distemprer, Electrician, Electrician (Grade II, Class II

and Class III), Fitter, Fitter (Selection Grade, Grade II and III) class

II and III Assistant, Pipe class II, Pipe Line ending Bars for

reinforcement Cum-mechanic, Mechanic and Plumber), Gharami

(Head), Glazier, Hole Drillar for Blasting, Joiner, Joiner (Cable,

Cable Grade II), Lineman (Grade II,III, High Tension/Low Tension),

Mason, Mason (Selection Grade, Grade II, III and Class B Mistry),

Stone (Stone Class II, Brick Work, Stone work), Brick-layer, Tile

Flooring, B.I.M., Muccadam (Head), Stone cutting, Ordinary

Machanis, Mechanic, Mechanic (Class II, Air conditioning, Air

conditioning Grade II, Diesel Grade II, Road Roller Grade II,

Assistant, Radio), Manson (Gharami), Mistry, Mistry Grade II, Air

conditioning Grade II, P. Way, Survey, Santras Works), Mason Class

A, Moulder, Moulder (Brick, Tile), Painter, Painter (Selection Grade,

Grade II and III, Class II, Assistant Lotter and Polisher, Polisher,

Rough), Plasterer, Plasterer (Mason Grade II), Plumber, Plumber

(Selection Grade, Class II, Assistant Lotter and Polisher, Rough),

Plasterer, Plasterer (Mason Grade II), Plumber (Selection Grade,

Class-II, Assistant Senior, Junior, Mistry Grade II), Plumbing Mistry,

Plumber-cum-Fitter, Polisher, Polisher (Floor), Pump Driver, Pump

Driver (Selection Grade), Grade II and III, Class II), Pump Driver

(Selection Grade, P.E., Driver, Pumpman, Pumpman (Assistant),

Plumber, Polisher (with spray) Grade II, Ratan Man, Rivet Cutter

(Assistant) Rivetter, Rivetter (Cutter), Road Inspector Grade II,

Railway Plate Layer, Rod Bender, Sawyer, Sawyer (Selection Grade

Class II) Serang, Serangpile Driving Pantooms with Boiler,

Shapesman, Shift-incharge, Sprayman, Sprayman (Roads), Stone

Cutter, Stone Cutter (Selection Grade, Grade II, Class II), Stone

Chisler, Stone Chisler (Class II), Stone Blasterer, Sub-Overseer

(Unqualified), Surveyors, Surveyors (Assistant), Tailor, Tailor

(Upholstry), Transprayer, Tar man, Line Man, Tiler Class II, Wall

(Floor, Roof), Tiler (Selection Grade), Tin-Smith, Tin Smith

(Selection Grade, Grade II and III, Class II) Tinker, Trailors, Turner,

Upholsterer, Upholsterer (Grade II and III), Painter Spray (Class II),

Wood Cutter, Wood Cutter Section Grade, Wood Cutter Class II,

Work Sircar, Welder, Welder gas, Welder (Class II, Bridge work),

Well Sinker, White Washer, White Washer (Selection Grade, Class

II), Wireman, Wireman (Grade II and III, Mechanic, Electrical),

White Washing and Colour Washing Man, Operator Pneumatic

Tools, Operator (Fitter), Boreman, Borer, Chipper, Chipper-Cum-

Grinder, Cook (Head), Driller, Driller (Well Boring), Driver

(Loco/Truck),

Electrician

(Assistant),

Mechanic

(Tube-Well),

MistryStell, Tube-Well, Telephone), Meter Reader, Meterorogical

Observer, Navghani, Operaor (Batching Plant, Cinema Project,

Clamp Shelf, Compressor, Grane, Dorrick, Diesel Engine, Doser,

Dragling Drill Dumber, Excavator, Fork Lift Generator, Grader,

JackHammer and Payment breaker Loader, Pump, Pile Driving,

Scrapper, Screening Plant, Shoval, Tractor, Vibrator, Weight

Batcher, Railway Guards, Repairer (Battery), Sharper/Slotter,

Sprayer (Ashalt) Station Master, Surveyor (Silt), Trades-Man, Train

Examiner, Turner/Miller, TyreVulcaniser and any other categories by

whatever name called, which are of a skilled nature.

Clerical

M. C. Clerk, Munshi (Matriculate, Non-matriculate), Store Clerk

(Matriculate Non-matriculate), Store Issuer, Store Keeper, Store

Keeper Grade I, Grade II, (Matriculate), Tally Clerk, Time Keeper,

Time Keeper (Matriculate Non-Matriculate), Book Keeper, Work

637.00

579.00

494.00

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Munshi, Work Munshi (Subordinate), Accounts Clerk, Clerks,

Computer/Data Entry Operator, Telephone Operator, Typist, and any

other categories by whatever name called which are of a clerical

nature.

Highly Skilled

Armature Winder Grade I, Blacksmith Grade I and Class I,

Boilerman Grade I, Boilerman Foreman Grade I, Brick Layer class I,

Cable Joiner Grade I, Carpenter grade I and Class I, Celo Cutter and

Decorator, Chargeman Class I, Checker (Sr) Driver Lorry Grade I,

Motor Lorry Grade I, Motor Vehicle Class I and Diesel Engine Grade

I, Road Roller Grade I, Pump Class Electrician Grade I and Class I/

Grade I, Fitter (Grade I, Class I), Pipe Class I (Head), Foreman

(Assistant) Line Man Grade I Mason (Skilled Grade I, Class I), Mast

Rig, Mechanic Class I and Class II, Mechanic (Diesel Grade I and

Road Roller Grade I, Airconditioning Grade I/Class I, Mistry Grade

I, Mistry (Airconditioning Grade I), Overseer, Overseer (Senior and

Junior), Painter (Grade I, Class I, Spray) Plasterer (Mason) Class I,

Plumber (Head, class I), Mistry Grade I, Polisher (with spray Grade I,

Road Inspector Grade I, Sawyer Class I, Stone Cutter Class I, Stone

Cutter Grade I, Stone Chisler Class I, Stone Mason Class I, Sub-

Overseer (Qualified), Tiler Class I, Tinsmith Grade I and Class I,

Upholsterer Grade I, Varnisher Class I, Welder-Cum-Fitter and Air

Conditioning Mechanic, Welder (Gas) Class I, White Washer Class I,

Wireman Grade I, Class I, Wood Cutter Class I, Grinder (Tool)

Grade I, Operator (Batching Plant Grade I), Clamp Shell Grade I,

Compressor Grade I, Crane Grade I, Diesel Engine Grade I, Dozer

Grade I, Dragline Grade I, Drill Grade I, Dumper Grade I, Excavator

Grade I, Fork Lift Grade I, Generator Grade I, Grader Grade I,

Leader Grade I, Pile Driving Grade I, Pump Grade, Scrapper Grade I,

Screening Plant Grade I, Pump Grade I, Scrapper Grade I, Screening

Plant Grade I, Shovel Grade I, Shovel and Dragline, Tractor Grade I,

Vibrator Grade I, Rigger Grade I, Rigger Grade II, Charper/Sletter

Grade I, Shovel and Dragline Tractor Grade I, Tradesman Class I,

Turner/Miller Grade I, Tyre vulcanser Grade I, Work (Assistant)

Grade I, Security Guards (with arms)and any other categories by

whatever name called, which are of a highly skilled nature.

693.00

637.00

579.00

PART-II

Categories of Workers

Rate of Variable Dearness Allowance for every point rise or fall beyond 271,

which is the average monthly Consumer Price Index Number for industrial

workers (Base year 2001=100), for the period January-June, 2016.

Area ‘A’

Area ‘B’

Area ‘C’

(1)

(2)

(3)

(4)

Unskilled

1.93

1.61

1.29

Semi-skilled/

Unskilled-Supervisory

2.14

1.82

1.51

3. Skilled and Clerical

2.35

2.14

1.82

4. Highly Skilled

2.56

2.35

2.14

Explanation: For the purposes of this notification,-

(a)

Area“A” and Area “B” shall respectively comprise of all the places as specified in the Annexure to this notification

and include all places within a distance of fifteen kilometres from the periphery of Municipal Corporation or

Municipality or Cantonment Board or Notified Area Committee of a particular place, and Area “C” shall comprise of

all the other places not mentioned in the Annexure to which the Minimum Wages Act, 1948 (11 of 1948) extends.

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(b)

the places added or upgraded from time to time by the Ministry of Finance for the purposes of payment of House

Rent Allowance to Central Government employees shall be taken to be added from such dates for the purposes of

classification specified in the Annexure to this notification;

operation including laying down underground Electric, Wireless, Radio, Television, Telephone, Telegraph and

over communication Cables and similar other under Cabling work, Electric lines, Water supply lines and sewerage

lines in ‘C’ class areas where the minimum rates of wages have been fixed on area-wise basis and where the

Central Government has sanctioned payment of winter allowance or hill allowance or any other special allowance

shall be paid in addition to the minimum rates of wages fixed by the notification, an amount equal to ten per cent.

of the minimum rates of wages so fixed;

Provided that ten per cent.extra wages shall be paid in places, which are at a height of over 6,000 feet, above sea

level.

(d)

workers employed on high rise structures, that is, on or above thirty feet height, even for one hour in a day shall

be paid twenty percent extra wages of the minimum wages so fixed for the appropriate category;

(e)

workers employed on tunnel working shall be paid twenty percent extra of the minimum wages fixed under this

notification for the appropriate category;

(f)

(i)

“unskilled work” means work which involves simple operations requiring little or no skill or experience

on the job;

(ii)

“semi-skilled work” means work which involves some degree of skill or competence acquired through

experience on the job and which is capable of being performed under the supervision or guidance of a

skilled employee and include unskilled supervisory work;

(iii)

“skilled work” means work which involves skill or competence acquired through experience on the job or

through training as an apprentice in a technical or vocational institute and the performance of which calls

for initiative and judgement;

(iv)

“highly skilled work” means work which calls for a degree of perfection and full competence in the

performance of certain tasks including clerical work acquired through intensive technical or professional

training or practical work experience for certain reasonable period and also requires of an worker to

assume full responsibility for the judgement or decision involved in the execution of the tasks;

(g)

where in any area the minimum rates of wages fixed by this notification are lower than the minimum rates of

wages fixed by the State Government for employees of the aforesaid employments in relation to which the State

Government is the appropriate Government, the rates of wages fixed by the State Government shall in respect of

these areas, be deemed to be the minimum rates of wages payable under this notification;

(h)

the minimum rates of wages include the wages for weekly day of rest;

(i)

the minimum rates of wages fixed by this notification are applicable to employees engaged by contractors also;

(j)

the minimum rates of wages payable to disabled employees shall be the same as payable to workers of the

appropriate category;

(k)

men, women and transgender employees shall be entitled for the same rates of wages for the same work or work

of similar nature; and

(l)

minimum rates of wages and special allowance both constitute the minimum rates of wages to be enforceable

under the Minimum Wages Act, 1948 (11 of 1948).

[F. No. S-32017/1/2016-WC (MW)]

Dr. D. CHAUDHURI, Dy. Director General

ANNEXURE

CLASSIFICATION OF AREA

AREA-“A”

Ahmedabad

(UA)

Hyderabad

(UA)

Faridabad complex

(M. Corpn)

Bangaluru

(UA)

Kanpur

(UA)

Ghaziabad

(UA)

Delhi

(UA)

Chennai

(UA)

Noida

Greater Mumbai

(UA)

Nagpur

(UA)

Secunderabad

Kolkata

(UA)

Lucknow

(UA)

Gurgaon

(M. Corpn)

Navi Mumbai

(UA)

Pune

(UA)

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AREA – “B”

Agra

(UA)

Gwalior

(UA)

Port Blair

(UA)

Ajmer

(UA)

Hubli-Dharwad

(M. Corpn)

Puducherry

(UA)

Aligarh

(UA)

Indore

(UA)

Raipur

(UA)

Allahabad

(UA)

Jabalpur

(UA)

Raurkela

(UA)

Amravati

(M. Corpn)

Jaipur

(M. Corpn)

Rajkot

(UA)

Amritsar

(UA)

Jalandhar

(UA)

Ranchi

(UA)

Asansol

(UA)

Jalandhar-Cantt.

(UA)

Saharanpur

(M. Corpn)

Aurangabad

(UA)

Jammu

(UA)

Salem

(UA)

Bareilly

(UA)

Jamnagar

(UA)

Sangli

(UA)

Belgaum

(UA)

Jamshedpur

(UA)

Shillong

Bhavnagar

(UA)

Jhansi

(UA)

Siliguri

(UA)

Bhiwandi

(UA)

Jodhpur

(UA)

Solapur

(M. Corpn)

Bhopal

(UA)

Kannur

(UA)

Srinagar

(UA)

Bhubaneshwar

(UA)

Kochi

(UA)

Surat

(UA)

Bikaner

(M. Corpn)

Kolhapur

(UA)

Thiruvanantapuram

(UA)

Bokaro

Steel

City

(UA)

Kollam

(UA)

Thrissur

(UA)

Chandigarh

(UA)

Kota

(M. Corpn)

Tiruchirappalli

(UA)

Coimbatore

(UA)

Kozhikode

(UA)

Tiruppur

(UA)

Cuttack

(UA)

Ludhiana

(M. Corpn)

Ujjain

(M. Corpn)

Dehradun

(UA)

Madurai

(UA)

Vadodara

(UA)

Dhanbad

(UA)

Malappuram

(UA)

Varanasi

(UA)

Durgapur

(UA)

Malegaon

(UA)

Vasai- Virar City

(M. Corpn)

Durg-Bhilai

Nagar

(UA)

Mangalore

(UA)

Vijayawada

(UA)

Erode

(UA)

Meerut

(UA)

Vishakhapatnam

(M. Corpn)

Firozabad

Moradabad

(M. Corpn)

Warangal

(UA)

Goa

Mysore

(UA)

Gorakhpur

(UA)

NandedWaghala

(M. Corpn)

Greater

Visakhapatnam

(M.Corpn)

Nasik

(UA)

Gulbarga

(UA)

Nellore

(UA)

Guntur

(UA)

Panchkula

(UA)

Guwahati

(UA)

Patna

(UA)

Note 1.-Area ‘C’ shall comprise all areas not mentioned in this list but to which the Minimum Wages Act, 1948 (11 of

1948) extends.

Note 2.- U.A. means Urban Agglomeration.

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NOTIFICATION

New Delhi, the 19th January, 2017

S.O. 189(E).—Whereas the draft proposal to revise the minimum piece-rate wages and minimum guaranteed

time-rate wages per day payable to the employees engaged in the employment of stone mines in the whole of India was

published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide notification of the Government

of India in the Ministry of Labour and Employment number S.O. 2835(E), dated the 1^st September, 2016 as required by

clause (b) of sub-section (1) of section 5 of the Minimum Wages Act, 1948 (11 of 1948), for information and inviting

objections and suggestions from all persons likely to be affected thereby, with in a period of two months from the date

on which copies of the Gazette of India containing the said notification were made available to the public;

AND whereas the copies of the said Gazette were made available to the public on the 2^nd September, 2016;

AND whereas objections and suggestions received on the said proposal have been considered by the Central

Government;

NOW, THEREFORE, in exercise of the powers conferred by clause (b) of sub-section (1) of section 3 read with

clause (i) of sub-section (1) of section 4 and sub-section (2) of section 5 of the said Act, and in supersession of the

notification of the Government of India in the Ministry of Labour and Employment, published in the Gazette of India,

Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O. 278(E), dated the 3^rd March, 2006, except as respects

things done or omitted to be done before such supersession, the Central Government after consulting the Advisory Board

hereby revises the minimum rates of wages per day, as specified in the Table below, payable to the employees engaged in

the employment of stone mines in the whole of India.

(1).

The revised minimum piece-rate wages and minimum guaranteed time-rate wages shall be effective from the date

of publication of this notification in the Official Gazette.

(2)

The said revised wages shall consist of basic rate of wages as set out in column (3) of the following Table, payable

to the employees engaged in the work mentioned in column (2) thereof, and a special allowance [hereinafter referred to as

Variable Dearness Allowance] at the rate set out in column (4) of the said Table for minimum piece rate of wages. The said

Variable Dearness Allowance shall be adjusted by the Chief Labour Commissioner (Central) at an interval of every six

months commencing on 1^st October and 1^st April of every year on the basis of the average Consumer Price Index Number for

Industrial Workers (Base 2001=100) for the preceding period of six months ending on 30^th June and 31^st December every

year respectively, at the rate of and in the manner specified in the column (4) of the said Table.

TABLE

Serial

Number

Nature of Piece Work done by an

employee

Proposed Basic Minimum

Wage (In Rs.)

Rate of Variable Dearness

Allowance for every point

rise or fall beyond 271,

which

the

average

monthly Consumer Price

Index

Number

for

industrial workers (Base

year 2001=100), for the

period

January-June,

2016

(1)

(2)

(3)

(4)

Excavation and removal of over burden

with 50 meters lead/1.5 meters lift*

(a) Soft Soil

351.00

1.30

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(b) Soft Soil with Rock

531.00

1.96

703.00

2.59

Removal and stacking of rejected stones

with 50 meters lead/ 1.5 meters lift*

283.00

1.04

Stone breaking or Stone crushing size of

category**

(a) 1.0 to 1.5 inches

2171.00

8.02

(b) Above 1.5 to 3.0 Inches

1857.00

6.86

1088.00

4.01

(d) Above 5.0 Inches

893.00

3.30

* Per 2.831 cubic meters or 100 cubic feet.

** Per truck load of 5.662 cubic meters or 200 cubic feet.

Explanation: For the purposes of this notification,-

The basic minimum piece-rate of wages are inclusive of wages payable for the weekly day of rest;

the minimum rates of wages are applicable to employees engaged by contractors also;

where the prevailing rates of wages of any employee, based on contract or agreement or otherwise are higher

than the rates notified under the said Act, the higher rates shall be protected and treated as the minimum rates of

wages for purpose of this notification;

the minimum guaranteed wage, i.e. the fall-back wage for all piece rated employees shall be as specified under

column (3) of the said Table against each category of work;

the employer shall not make any deductions whatsoever from the aforesaid piece-rate of wages on account of

the cost of explosives, detonator, removal of soil, dewatering charges and similar other costs and the employer

will supply material for blasting, drilling of holes and dewatering facilities;

the minimum rates of wages for disabled persons shall be the same as payable to the workers of the appropriate

category;

men, women and transgender employees shall get the same rates of wages for the same work or works of a

similar nature; and

the minimum rates of wages and Variable Dearness Allowance both constitute the minimum rates of wages to

be enforceable under the Minimum Wages Act, 1948.

[F. No. S-32017/1/2016-WC (MW)]

Dr. D. CHAUDHURI, Dy. Director General

NOTIFICATION

New Delhi, the 19th January , 2017.

S.O. 190(E).— Whereas the draft proposal to revise the minimum rates of wages per day payable to the

categories of employees mentioned in the Schedule annexed there to and engaged in the employment of “Sweeping and

Cleaning excluding activities prohibited under the Employment of Manual Scavengers and Construction of Dry Latrines

(Prohibition) Act, 1993” was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide

notification of the Government of India in the Ministry of Labour and Employment number S.O. 2836 (E), dated the

1^st September, 2016, as required by clause (b) of sub-section (1) of section 5 of the Minimum Wages Act, 1948 (11 of

1948), for information and inviting objections and suggestions from all persons likely to be affected thereby, within a

period of two months from the date on which copies of the Gazette of India containing the said notification were made

available to the public;

AND whereas the copies of the said Gazette were made available to the public on the 2^nd September, 2016;

AND whereas objections and suggestions received on the said proposal have been considered by the Central

Government;

NOW, THEREFORE, in exercise of the powers conferred by clause (b) of sub-section (1) of section 3 read with

clause (i) of sub-section (1) of section 4 and sub-section (2) of section 5 of the Minimum Wages Act, 1948 (11 of 1948),

and in supersession of the notification of the Government of India in the Ministry of Labour and Employment, published

in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O.1994(E), dated the

7^th August, 2008, except as respects things done or omitted to be done before such supersession, the Central

Government after consulting the Advisory Board hereby revises the minimum rates of wages payable to the employees

engaged in the employment of Sweeping and Cleaning excluding activities prohibited under the Employment of Manual

Scavenges and Construction of Dry Latrines ( Prohibition) Act, 1993.

(1)

The revised minimum rates of wages shall be effective from the date of publication of this notification in the

Official Gazette.

(2)

The said revised wages shall consist of, –

(a) basic rates of wages as set out in column (2) of Part I of the Schedule mentioned hereunder; and

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(b) a special allowance (hereinafter referred to as Variable Dearness Allowance) at the rate as set out in column

(2) of Part II of the said Schedule and payable to the employees working in areas mentioned in column (1) thereof. The

Variable Dearness Allowance shall be adjusted by the Chief Labour Commissioner (Central) at an interval of every six

months commencing on 1^st October and 1^st April of every year on the basis of the average Consumer Price Index

Number for Industrial Workers (Base2001=100) for the preceding period of six months ending on 30^th June and

31^stDecember every year respectively at the rate of and in the manner specified in the column (2) of Part II of the

Schedule as below:

SCHEDULE

Part – I Basic rates of minimum wages :

Area

Minimum Wages per day (In Rupees)

(1)

(2)

523.00

437.00

350.00

Part – II Rate of Variable Dearness Allowance :

Area

Rate of Variable Dearness Allowance for every point rise or fall

beyond 271, which is the average monthly Consumer Price Index

Numberfor Industrial Workers.(Base 2001=100) for the period

January-June, 2016.

Area

Variable Dearness Allowance (In Rupees)

(1)

(2)

1.93

1.61

1.29

Explanation: For the purposes of the notification,-

Area “A” and Area “B” as indicated in Annexure to this notification shall respectively comprise all the places

as specified in the said Annexure as such areas, and include all places within a distance of fifteen kilometers

from the periphery of a Municipal Corporation or Municipality or Cantonment Board or Notified Area

Committee of a particular place. Area “C” shall comprise of all the other places not mentioned in Area “A” and

“B” of the Annexure and to which the Minimum Wages Act, 1948 extends;

the places added or upgraded from time to time by the Ministry of Finance for the purpose of payment of House

Rent Allowance to Central Government employees shall be taken to be added from the date of such addition or

up-gradation for the purposes of classification specified in Annexure to this notification;

where the existing rates of wages of any employee based on contract or agreement or otherwise are higher than

the rates notified herein, the higher rates shall be protected and treated as minimum rates of wages, applicable

for the purpose of this notification to such employees;

the minimum rates of wages include the wages for weekly day of rest;

the minimum rates of wages are applicable to employees employed by contractors also;

the minimum rates of wages for disabled persons shall be same as payable to the workers of appropriate

category;

the men, women and transgender employees shall get the same rates of wages for the same work or work of

similar nature;

the minimum rates of wages and Variable Dearness Allowance both constitute the minimum rates of wages to

be enforceable under the Minimum Wages Act, 1948 (11 of 1948);

where in any area the minimum rates of wages fixed by this notification are lower than the minimum rates of

wages fixed by the State Government for employees of the aforesaid employments in relation to which the State

Government is the appropriate Government, the rates of wages fixed by the State Government shall, in respect

of such areas, be deemed to be the minimum rates of wages payable under this notification.

[F. No. S-32017/1/2016-WC (MW)]

Dr. D. CHAUDHURI, Dy. Director General

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ANNEXURE

CLASSIFICATION OF AREAS

AREA – “A”

Ahmedabad

(UA)

Hyderabad

(UA)

Faridabad complex

(M.Corpn)

Bangaluru

(UA)

Kanpur

(UA)

Ghaziabad

(UA)

Delhi

(UA)

Chennai

(UA)

Noida

Greater Mumbai

(UA)

Nagpur

(UA)

Secunderabad

Kolkata

(UA)

Lucknow

(UA)

Gurgaon

(M. Corpn)

Navi Mumbai

(UA)

Pune

(UA)

AREA – “B”

Agra

(UA)

Gwalior

(UA)

Port Blair

(UA)

Ajmer

(UA)

Hubli-Dharwad

(M. Corpn)

Puducherry

(UA)

Aligarh

(UA)

Indore

(UA)

Raipur

(UA)

Allahabad

(UA)

Jabalpur

(UA)

Raurkela

(UA)

Amravati

(M.Corpn)

Jaipur

(M.Corpn)

Rajkot

(UA)

Amritsar

(UA)

Jalandhar

(UA)

Ranchi

(UA)

Asansol

(UA)

Jalandhar-Cantt.

(UA)

Saharanpur

(M.Corpn)

Aurangabad

(UA)

Jammu

(UA)

Salem

(UA)

Bareilly

(UA)

Jamnagar

(UA)

Sangli

(UA)

Belgaum

(UA)

Jamshedpur

(UA)

Shillong

Bhavnagar

(UA)

Jhansi

(UA)

Siliguri

(UA)

Bhiwandi

(UA)

Jodhpur

(UA)

Solapur

(M.Corpn)

Bhopal

(UA)

Kannur

(UA)

Srinagar

(UA)

Bhubaneshwar

(UA)

Kochi

(UA)

Surat

(UA)

Bikaner

(M.Corpn)

Kolhapur

(UA)

Thiruvanantapuram

(UA)

Bokaro

Steel

City

(UA)

Kollam

(UA)

Thrissur

(UA)

Chandigarh

(UA)

Kota

(M.Corpn)

Tiruchirappalli

(UA)

Coimbatore

(UA)

Kozhikode

(UA)

Tiruppur

(UA)

Cuttack

(UA)

Ludhiana

(M.Corpn)

Ujjain

(M.Corpn)

Dehradun

(UA)

Madurai

(UA)

Vadodara

(UA)

Dhanbad

(UA)

Malappuram

(UA)

Varanasi

(UA)

Durgapur

(UA)

Malegaon

(UA)

Vasai- Virar City

(M.Corpn)

Durg-Bhilai

Nagar

(UA)

Mangalore

(UA)

Vijayawada

(UA)

Erode

(UA)

Meerut

(UA)

Vishakhapatnam

(M.Corpn)

Firozabad

Moradabad

(M. Corpn)

Warangal

(UA)

Goa

Mysore

(UA)

Gorakhpur

(UA)

NandedWaghala

(M. Corpn)

Greater

Visakhapatnam

(M.Corpn)

Nasik

(UA)

Gulbarga

(UA)

Nellore

(UA)

Guntur

(UA)

Panchkula

(UA)

Guwahati

(UA)

Patna

(UA)

Note 1.-Area ‘C’ shall comprise all areas not mentioned in this list but to which the Minimum Wages Act, 1948 (11 of

1948) extends.

Note 2.- U.A. means Urban Agglomeration.

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NOTIFICATION

New Delhi, the 19th January , 2017.

S.O. 191(E).— Whereas the draft proposal to revise the minimum rates of wages per day payable to the

categories of employees mentioned in the Schedule annexed thereto and engaged in the employment of “Watch and

Ward” was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification of the

Government of India in the Ministry of Labour and Employment number S.O. 2837 (E), dated the 1

st September, 2016

as required by clause (b) of sub-section (1) of section 5 of the Minimum Wages Act, 1948 (11 of 1948), for information

and inviting objections and suggestions from all persons likely to be affected thereby, within a period of two months

from the date on which copies of the Gazette of India containing the said notification were made available to the public;

AND whereas the copies of the said Gazette were made available to the public on the 2

nd September, 2016;

AND whereas objections and suggestions received on the said proposal have been considered by the Central

Government;

NOW, THEREFORE, in exercise of the powers conferred by clause (b) of sub-section (1) of section 3 read with

clause (i) of sub-section (1) of section 4 and sub-section (2) of section 5 of the said Act, and in supersession of the

notification of the Government of India in the Ministry of Labour and Employment, published in the Gazette of India,

Extraordinary, Part II, Section 3, Sub-section (ii), vide numbers S.O.2233(E), dated the 18

th September, 2008, except as

respects things done or omitted to be done before such supersession, the Central Government after consulting the

Advisory Board hereby revises the minimum rate of wages payable to the employees engaged in the employment of

‘Watch and Ward’.

(1)

The revised minimum rates of wages shall be effective from the date of publication of this notification in the

Official Gazette.

(2)

The revised minimum rates shall consist of, –

(a) basic rates of wages as set out in column (2) of Part I of the Schedule mentioned hereunder; and

(b) a special allowance (hereinafter referred to as Variable Dearness Allowance) at the rate as set out in column

(2) of Part II of the Schedule and payable to the employees working in areas mentioned in column (1) thereof. The

Variable Dearness Allowance shall be adjusted by the Chief Labour Commissioner (Central) at an interval of every six

months commencing on 1

st October and 1

st April of every year on the basis of the average Consumer Price Index

Number for Industrial Workers (Base2001=100) for the preceding period of six months ending on 30

th June and

st December every year respectively at the rate of and in the manner specified in the column (2) of Part II of the

Schedule as below:

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SCHEDULE

Part – I Basic rates of wages

Area

Daily wage (In Rupees)

(1)

(2)

Without arms(Skilled)

637.00

579.00

494.00

With arms (Highly Skilled)

693.00

637.00

579.00

Part – II Rate of Variable Dearness Allowance

Area

Rate of Variable Dearness Allowance for every point rise or fall

beyond 271, which is the average monthly Consumer Price Index

Numberfor Industrial Workers.(Base 2001=100) for the period

January-June, 2016.

Area

Variable Dearness Allowance (In Rupees)

(1)

(2)

Without arms (Skilled)

2.35

2.14

1.82

With arms (Highly Skilled)

2.56

2.35

2.14

Explanation: For the purposes of the notification,-

(a) Area “A” and Area “B” as indicated in Annexure to this notification shall respectively comprise all the

places as specified in the said annexure as such areas, and include all places within a distance of fifteen

kilometres from the periphery of a Municipal Corporation or Municipality or Cantonment Board or

Notified Area Committee of a particular place. Area “C” shall comprise of all the other places not

mentioned in Area “A” and “B” of the Annexure and to which the Minimum Wages Act, 1948 (11 of

1948) extends;

(b) the places added or upgraded from time to time by the Ministry of Finance for the purposes of payment

of House Rent Allowance to Central Government employees shall be taken to be added from the date of

such addition or up-gradation for the purposes of classification specified in Annexure to this notification;

higher than the rates notified herein, the higher rates shall be protected and treated as minimum rates of

wages, applicable for the purpose of this notification to such employees;

(d) (i) “skilled work” means work which involves skill or competence acquired through experience on the

job or through training as an apprentice in a technical or vocational institute and the performance of

which calls for initiative and judgement;

(ii) “highly skilled work” means work which calls for a degree of perfection and full competence in the

performance of certain tasks including clerical work acquired through intensive technical or professional

training or practical work experience for certain reasonable period and also requires an worker to

assume full responsibility for the judgement or decision involved in the execution of the tasks;

(e) the minimum rates of wages include the wages for weekly day of rest;

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(f) the minimum rates of wages are applicable to employees employed by contractors also;

(g) the minimum rates of wages for disabled persons shall be the same as payable to the workers of

appropriate category;

(h) the men, women and transgender employees shall be entitled for the same rates of wages for the same

work or work of similar nature;

(i)

the minimum rates of wages and Variable Dearness Allowance both constitute the minimum rates of

wages to be enforceable under the Minimum Wages Act, 1948(11 of 1948); and

(j)

where in any area the minimum rates of wages fixed by this notification are lower than the minimum

rates of wages fixed by the State Government for employees of the aforesaid Employments in relation to

which the State Government is the appropriate Government, the rates of wages fixed by the State

Government shall in respect of these areas, be deemed to be the minimum rates of wages payable under

this notification.

[F. No. S-32017/1/2016-WC (MW)]

Dr. D. CHAUDHURI, Dy. Director General

ANNEXURE

CLASSIFICATION OF AREAS

AREA – “A”

Ahmedabad

(UA)

Hyderabad

(UA)

Faridabad complex

(M.Corpn)

Bangaluru

(UA)

Kanpur

(UA)

Ghaziabad

(UA)

Delhi

(UA)

Chennai

(UA)

Noida

Greater Mumbai

(UA)

Nagpur

(UA)

Secunderabad

Kolkata

(UA)

Lucknow

(UA)

Gurgaon

(M. Corpn)

Navi Mumbai

(UA)

Pune

(UA)

AREA – “B”

Agra

(UA)

Gwalior

(UA)

Port Blair

(UA)

Ajmer

(UA)

Hubli-Dharwad

(M. Corpn)

Puducherry

(UA)

Aligarh

(UA)

Indore

(UA)

Raipur

(UA)

Allahabad

(UA)

Jabalpur

(UA)

Raurkela

(UA)

Amravati

(M.Corpn)

Jaipur

(M.Corpn)

Rajkot

(UA)

Amritsar

(UA)

Jalandhar

(UA)

Ranchi

(UA)

Asansol

(UA)

Jalandhar-Cantt.

(UA)

Saharanpur

(M.Corpn)

Aurangabad

(UA)

Jammu

(UA)

Salem

(UA)

Bareilly

(UA)

Jamnagar

(UA)

Sangli

(UA)

Belgaum

(UA)

Jamshedpur

(UA)

Shillong

Bhavnagar

(UA)

Jhansi

(UA)

Siliguri

(UA)

Bhiwandi

(UA)

Jodhpur

(UA)

Solapur

(M.Corpn)

Bhopal

(UA)

Kannur

(UA)

Srinagar

(UA)

Bhubaneshwar

(UA)

Kochi

(UA)

Surat

(UA)

Bikaner

(M.Corpn)

Kolhapur

(UA)

Thiruvanantapuram

(UA)

Bokaro

Steel

City

(UA)

Kollam

(UA)

Thrissur

(UA)

Chandigarh

(UA)

Kota

(M.Corpn)

Tiruchirappalli

(UA)

Coimbatore

(UA)

Kozhikode

(UA)

Tiruppur

(UA)

Cuttack

(UA)

Ludhiana

(M.Corpn)

Ujjain

(M.Corpn)

Dehradun

(UA)

Madurai

(UA)

Vadodara

(UA)

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¨sÁUÀ 4

Dhanbad

(UA)

Malappuram

(UA)

Varanasi

(UA)

Durgapur

(UA)

Malegaon

(UA)

Vasai- Virar City

(M.Corpn)

Durg-Bhilai

Nagar

(UA)

Mangalore

(UA)

Vijayawada

(UA)

Erode

(UA)

Meerut

(UA)

Vishakhapatnam

(M.Corpn)

Firozabad

Moradabad

(M. Corpn)

Warangal

(UA)

Goa

Mysore

(UA)

Gorakhpur

(UA)

NandedWaghala

(M. Corpn)

Greater

Visakhapatnam

(M.Corpn)

Nasik

(UA)

Gulbarga

(UA)

Nellore

(UA)

Guntur

(UA)

Panchkula

(UA)

Guwahati

(UA)

Patna

(UA)

Note 1.-Area ‘C’ shall comprise all areas not mentioned in this list but to which the Minimum Wages Act, 1948 (11 of

1948) extends.

Note 2.- U.A. means Urban Agglomeration.

NOTIFICATION

New Delhi, the 19th January , 2017.

S.O. 192(E).— Whereas the draft proposal to revise the minimum rates of wages per day payable to the

categories of employees mentioned in the Schedule annexed thereto and engaged in the employment of “Loading and

Unloading in (i) Goods-Sheds, Parcel Offices of Railways; (ii) Other Goods-sheds, Godowns, Warehouses and other

similar employments; (iii) Docks and Ports; and (iv) Passenger Goods and Cargo carried out at Airports (both

International and Domestic)” was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii)

vide notification of the Government of India in the Ministry of Labour and Employment number S.O. 2838 (E), dated

the 1^st September, 2016, as required by clause (b) of sub-section (1) of Section 5 of the Minimum Wages Act, 1948 (11

of 1948), for information and inviting objections and suggestions from all persons likely to be affected thereby, within

a period of two months from the date on which copies of the Gazette of India containing the said notification were made

available to the public;

AND whereas the copies of the said Gazette were made available to the public on the 2^nd September, 2016;

AND whereas objections and suggestions received on the said proposal have been considered by the Central

Government;

NOW, THEREFORE, in exercise of the powers conferred by clause (b) of sub-section (1) of Section 3 read

with clause (i) of sub-section (1) of Section 4 and sub-section (2) of section 5 of the said Act, and in supersession of the

notification of the Government of India in the Ministry of Labour and Employment, published in the Gazette of India,

Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O.1284(E), dated the 20^th May, 2009, except as respects

things done or omitted to be done before such supersession, the Central Government after consulting the Advisory Board

hereby revises the minimum rate of wages payable to the employees engaged in the aforesaid employment.

(1) The revised minimum rates of wages shall be effective from the date of publication of this notification in the

Official Gazette.

(2)

The revised minimum wages shall consist of, –

(a) basic rates of wages as set out in column (2) of Part I of the Schedule mentioned hereunder; and

(b) a special allowance (hereinafter referred to as Variable Dearness Allowance) at the rate as set out in column

(2) of Part II of the said Schedule and payable to the employees working in areas mentioned in column (1) thereof. The

Variable Dearness Allowance shall be adjusted by the Chief Labour Commissioner (Central) at an interval of every six

months commencing on 1^st October and 1^st April of every year on the basis of the average Consumer Price Index

Number for Industrial Workers (Base2001=100) for the preceding period of six months ending on 30^th June and

31^stDecember every year respectively at the rate of and in the manner specified in the column (2) of Part II of the said

Schedule as below:

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¨sÁUÀ 4

SCHEDULE

Part – I Basic rates of minimum wages :

Area

Minimum Wages per day (In Rupees)

(1)

(2)

523.00

437.00

350.00

Part – II Rate of Variable Dearness Allowance :

Area

Rate of Variable Dearness Allowance for every point rise or fall

beyond 271, which is the average monthly Consumer Price Index

Number for Industrial Workers.(Base 2001=100) for the period

January-June, 2016.

Area

Variable Dearness Allowance (In Rupees)

(1)

(2)

1.93

1.61

1.29

Explanation: For the purposes of the notification,-

(a) Area “A” and Area “B” as indicated in Annexure to this notification shall respectively comprise all the

places as specified in the said Annexure as such areas, and include all places within a distance of fifteen

kilometers from the periphery of a Municipal Corporation or Municipality or Cantonment Board or

Notified Area Committee of a particular place. Area “C” shall comprise of all the other places not

mentioned in Area “A” and “B” of the Annexure and to which the Minimum Wages Act, 1948 (11 of

1948) extends;

(b) the places added or upgraded from time to time by the Ministry of Finance for the purpose of payment of

House Rent Allowance to Central Government employees shall be taken to be added from the date of

such addition or up-gradation for the purposes of classification specified in Annexure to this notification;

higher than the rates notified herein, the higher rates shall be protected and treated as minimum rates of

wages, applicable for the purpose of this notification to such employees;

(d) the minimum rates of wages include the wages for weekly day of rest;

(e) the minimum rates of wages are applicable to employees employed by contractors also;

(f) the minimum rates of wages for disabled persons shall be the same as payable to the workers of

appropriate category;

(g) the men, women and transgender employees shall be entitled for the same rates of wages for the same

work or work of similar nature;

(h) the minimum rates of wages and Variable Dearness Allowance both constitute the minimum rates of

wages to be enforceable under the Minimum Wages Act, 1948(11 of 1948).

[F. No. S-32017/1/2016-WC (MW)]

Dr. D. CHAUDHURI, Dy. Director General

ANNEXURE

CLASSIFICATION OF AREAS

AREA – “A”

Ahmedabad

(UA)

Hyderabad

(UA)

Faridabad complex

(M.Corpn)

Bangaluru

(UA)

Kanpur

(UA)

Ghaziabad

(UA)

Delhi

(UA)

Chennai

(UA)

Noida

Greater Mumbai

(UA)

Nagpur

(UA)

Secunderabad

Kolkata

(UA)

Lucknow

(UA)

Gurgaon

(M. Corpn)

Navi Mumbai

(UA)

Pune

(UA)

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567

¨sÁUÀ 4

AREA – “B”

Agra

(UA)

Gwalior

(UA)

Port Blair

(UA)

Ajmer

(UA)

Hubli-Dharwad

(M. Corpn)

Puducherry

(UA)

Aligarh

(UA)

Indore

(UA)

Raipur

(UA)

Allahabad

(UA)

Jabalpur

(UA)

Raurkela

(UA)

Amravati

(M.Corpn)

Jaipur

(M.Corpn)

Rajkot

(UA)

Amritsar

(UA)

Jalandhar

(UA)

Ranchi

(UA)

Asansol

(UA)

Jalandhar-Cantt.

(UA)

Saharanpur

(M.Corpn)

Aurangabad

(UA)

Jammu

(UA)

Salem

(UA)

Bareilly

(UA)

Jamnagar

(UA)

Sangli

(UA)

Belgaum

(UA)

Jamshedpur

(UA)

Shillong

Bhavnagar

(UA)

Jhansi

(UA)

Siliguri

(UA)

Bhiwandi

(UA)

Jodhpur

(UA)

Solapur

(M.Corpn)

Bhopal

(UA)

Kannur

(UA)

Srinagar

(UA)

Bhubaneshwar

(UA)

Kochi

(UA)

Surat

(UA)

Bikaner

(M.Corpn)

Kolhapur

(UA)

Thiruvanantapuram

(UA)

Bokaro

Steel

(UA)

Kollam

(UA)

Thrissur

(UA)

City

Chandigarh

(UA)

Kota

(M.Corpn)

Tiruchirappalli

(UA)

Coimbatore

(UA)

Kozhikode

(UA)

Tiruppur

(UA)

Cuttack

(UA)

Ludhiana

(M.Corpn)

Ujjain

(M.Corpn)

Dehradun

(UA)

Madurai

(UA)

Vadodara

(UA)

Dhanbad

(UA)

Malappuram

(UA)

Varanasi

(UA)

Durgapur

(UA)

Malegaon

(UA)

Vasai- Virar City

(M.Corpn)

Durg-Bhilai

Nagar

(UA)

Mangalore

(UA)

Vijayawada

(UA)

Erode

(UA)

Meerut

(UA)

Vishakhapatnam

(M.Corpn)

Firozabad

Moradabad

(M. Corpn)

Warangal

(UA)

Goa

Mysore

(UA)

Gorakhpur

(UA)

NandedWaghala

(M. Corpn)

Greater

Visakhapatnam

(M.Corpn)

Nasik

(UA)

Gulbarga

(UA)

Nellore

(UA)

Guntur

(UA)

Panchkula

(UA)

Guwahati

(UA)

Patna

(UA)

Note 1.-Area ‘C’ shall comprise all areas not mentioned in this list but to which the Minimum Wages Act, 1948 (11 of

1948) extends.

Note 2.- U.A. means Urban Agglomeration.

NOTIFICATION

New Delhi, the 19th January , 2017.

S.O. 193(E).— Whereas the draft proposal to amend the notification of the Government of India in the

Ministry of Labour and Employment number S.O.2092 , dated the 23^rd April, 1983, was published in the Gazette of

India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification of the Government of India in the Ministry of

Labour and Employment number S.O. 2839(E), dated the 01^st September, 2016, as required by section 27 of the

Minimum Wages Act, 1948 (11 of 1948), for information and inviting objections and suggestions from all persons

likely to be affected thereby, within a period of three months from the date on which copies of the Gazette of India

containing the said notification were made available to the public;

AND whereas the copies of the said Gazette were made available to the public on the 2^nd September, 2016;

AND whereas no objections and suggestions have been received on the said proposal by the Central

Government;

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568

¨sÁUÀ 4

NOW, THEREFORE, in exercise of the powers conferred by section 27 of the said Act the Central Government

hereby makes the following amendment in the notification of Government of India in the Ministry of Labour and

Employment, S.O. 2092 , dated the 23^rd April, 1983, published in the Gazette of India, Part II, Section 3, Sub-section (ii),

namely:-

In the said notification, for the words “the employment in loading and unloading in Railways, goods sheds,

docks and ports”, the words “the employment in loading and unloading in Railways, goods-sheds, docks, ports and

airports (both International and Domestic terminals)” shall be substituted.

[F. No. S-32017/1/2016-WC (MW)]

Dr. D. CHAUDHURI, Dy. Director General

P.R. 34

SC - 20

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¸ÀASÉå: ¸ÀAªÀå±ÁE 05 PÉÃ±Á¥Àæ 2017, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 27-03-2017

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¥ÀæPÀn¸À¯ÁVzÉ.

Short title and

commencement.

THE SPECIFIED BANK NOTES (CESSATION OF LIABILITIES)

ACT, 2017

NO. 2 OF 2017

[27th February, 2017]

An Act to provide in the public interest for the cessation of liabilities on the specified

bank notes and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Specified Bank Notes (Cessation of Liabilities)

Act, 2017.

(2) It shall be deemed to have come into force on the 31st day of December, 2016.

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

(a) "appointed day" means the 31st day of December, 2016;

(b) "grace period" means the period to be specified by the Central Government,

by notification, during which the specified bank notes can be deposited in accordance

with this Act;

Definitions.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 28th February, 2017/Phalguna 9, 1938 (Saka)

The following Act of Parliament received the assent of the President on the

27th February, 2017, and is hereby published for general information:—

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¨sÁUÀ 4

(d) "Reserve Bank" means the Reserve Bank of India constituted by the Central

Government under section 3 of the Reserve Bank of India Act, 1934;

(e) "specified bank note" means a bank note of the denominational value of

five hundred rupees or one thousand rupees of the series existing on or before the

8th day of November, 2016.

(2) The words and expressions used and not defined in this Act but defined in the

Reserve Bank of India Act, 1934 or the Banking Regulation Act, 1949 shall have the

meanings respectively assigned to them in those Acts.

3. On and from the appointed day, notwithstanding anything contained in the Reserve

Bank of India Act, 1934 or any other law for the time being in force, the specified bank

notes which have ceased to be legal tender, in view of the notification of the Government of

India in the Ministry of Finance, number S.O. 3407(E), dated the 8th November, 2016, issued

under sub-section (2) of section 26 of the Reserve Bank of India Act, 1934, shall cease to be

liabilities of the Reserve Bank under section 34 and shall cease to have the guarantee of the

Central Government under sub-section (1) of section 26 of the said Act.

4. (1) Notwithstanding anything contained in section 3, the following persons holding

specified bank notes on or before the 8th day of November, 2016 shall be entitled to tender

within the grace period with such declarations or statements, at such offices of the Reserve

Bank or in such other manner as may be specified by it, namely:—

(i) a citizen of India who makes a declaration that he was outside India between

the 9th November, 2016 to 30th December, 2016, subject to such conditions as may

be specified, by notification, by the Central Government; or

(ii) such class of persons and for such reasons as may be specified by

notification, by the Central Government.

(2) The Reserve Bank may, if satisfied, after making such verifications as it may

consider necessary that the reasons for failure to deposit the notes within the period specified

in the notification referred to in section 3, are genuine, credit the value of the notes in his

Know Your Customer compliant bank account in such manner as may be specified by it.

(3) Any person, aggrieved by the refusal of the Reserve Bank to credit the value of

the notes under sub-section (2), may make a representation to the Central Board of the

Reserve Bank within fourteen days of the communication of such refusal to him.

Explanation.—For the purposes of this section, the expression "Know Your Customer

compliant bank account" means the account which complies with the conditions specified in

the regulations made by the Reserve Bank under the Banking Regulation Act, 1949.

5. On and from the appointed day, no person shall, knowingly or voluntarily, hold,

transfer or receive any specified bank note:

Provided that nothing contained in this section shall prohibit the holding of specified

bank notes—

(a) by any person—

(i) up to the expiry of the grace period; or

(ii) after the expiry of the grace period,—

(A) not more than ten notes in total, irrespective of the denomination;

(B) not more than twenty-five notes for the purposes of study,

research or numismatics;

2 of 1934.

10 of 1949.

2 of 1934.

Specified

bank notes to

cease to be

liability of

Reserve Bank

or Central

Government.

Exchange of

specified bank

notes.

Prohibition

on holding

transferring or

receiving

specified bank

notes.

10 of 1949.

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¨sÁUÀ 4

(b) by the Reserve Bank or its agencies, or any other person authorised by the

Reserve Bank;

the court.

6. Whoever knowingly and wilfully makes any declaration or statement specified

under sub-section (1) of section 4, which is false in material particulars, or omits to make a

material statement, or makes a statement which he does not believe to be true, shall be

punishable with fine which may extend to fifty thousand rupees or five times the amount of

the face value of the specified bank notes tendered, whichever is higher.

7. Whoever contravenes the provisions of section 5 shall be punishable with fine

which may extend to ten thousand rupees or five times the amount of the face value of the

specified bank notes involved in the contravention, whichever is higher.

8. (1) Where a person committing a contravention or default referred to in section 6

or section 7 is a company, every person who, at the time the contravention or default was

committed, was in charge of, and was responsible to, the company for the conduct of the

business of the company, as well as the company, shall be deemed to be guilty of the

contravention or default and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable

to punishment if he proves that the contravention or default was committed without his

knowledge or that he had exercised all due diligence to prevent the contravention or default.

(2) Notwithstanding anything contained in sub-section (1), where an offence under

this Act has been committed by a company and it is proved that the same was committed

with the consent or connivance of, or is attributable to any neglect on the part of, any

director, manager, secretary, or other officer or employee of the company, such director,

manager, secretary, other officer or employee shall also be deemed to be guilty of the

offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purpose of this section,—

(a) "a company" means any body corporate and includes a firm, a trust, a co-

operative society and other association of individuals;

(b) "director", in relation to a firm or trust, means a partner in the firm or a

beneficiary in the trust.

9. Notwithstanding anything contained in section 29 of the Code of Criminal

Procedure, 1973, the court of a Magistrate of the First Class or the court of a Metropolitan

Magistrate may impose a fine, for contravention of the provisions of this Act.

10. No suit, prosecution or other legal proceeding shall lie against the Government,

the Reserve Bank or any of their officers for anything done or intended to be done in good

faith under this Act.

11. (1) The Central Government may, by notification, make rules for carrying out

the provisions of this Act.

(2) Every rule 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 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.

Penalty for

contravention

of section 4.

Penalty for

contravention

of section 5.

Offences by

companies.

Special

provisions

relating to

offences.

2 of 1974.

Protection of

action taken in

good faith.

Power to

make rules.

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12. (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 or

expedient 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 date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be

laid before each House of Parliament.

13. (1) The Specified Bank Notes (Cessation of Liabilities) Ordinance, 2016 is hereby

repealed.

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

Ordinance shall be deemed to have been done or taken under the corresponding provisions

of this Act.

Power to

remove

difficulties.

Repeal and

savings.

Ord. 10 of

2016.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

P.R. 48

SC - 20

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MINISTRY OF RURAL DEVELOPMENT

NOTIFICATION

New Delhi, the 3rd January, 2017

S.O. 19(E).––Whereas, the use of Aadhaar as identity document for delivery of services or benefits or subsidies

simplifies the Government delivery processes, brings in transparency and efficiency, and enables beneficiaries to get

their entitlements directly in a convenient and seamless manner and Aadhaar obviates the need for producing multiple

documents to prove one’s identity;

And whereas, the Mahatma Gandhi National Rural Employment Guarantee Programme (hereinafter referred to

as the Mahatma Gandhi NREGA) launched under the provisions of the Mahatma Gandhi National Rural Employment

Guarantee Act, 2005 (42 of 2005) involves expenditure incurred from the Consolidated Fund of India;

Now, therefore, in pursuance of the provisions of section 7 of the Aadhaar (Targeted Delivery of Financial and

other Subsidies, Benefits and Services) Act, 2016 (18 of 2016) (hereinafter referred to as the said Act), the Central

Government in the Ministry of Rural Development hereby notifies the following, namely:––

1. (1) An individuals registered under the Mahatma Gandhi NREGA are hereby required to furnish proof of

possession of Aadhaar or undergo Aadhaar authentication.

(2) Any individual registered under the Mahatma Gandhi NREGA who is not yet enrolled for Aadhaar shall

have to apply for Aadhaar enrolment by 31^st March, 2017, and in case she or he is entitled to obtain Aadhaar as per the

provisions of section 3 of the said Act, such individuals may visit any Aadhaar enrolment centre (list available at

(www.uidai.gov.in) to get enrolled for Aadhaar.

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(2) Wide publicity through media and individual notices shall be given to applicants or beneficiaries to make

them aware of the requirement of Aadhaar to work under Mahatma Gandhi NREGA. They may be advised to get

themselves enrolled at the nearest enrolment centres available in their areas by 31^st March, 2017. The list of locally

available enrolment centres shall be made available to them.

(3) In case, the beneficiaries are not able to enrol due to non-availability of enrolment centres in the

vicinity, the Department of Rural Development or Panchayati Raj (In-charge MGNREGA) of States

Government or Union Territory Administrations is required to create enrolment facilities at the convenient

locations and the applicants or beneficiaries may be requested to register their request for enrolment by giving

their names with other details, such as, Job card number, address, Bank Account details, mobile number, etc., on

a portal and such requests may also be registered with the Gram Panchayat or Block Office.

3. This notification shall come into effect from the date of its publication in the States and Union

Territories except the States of Assam, Meghalaya, and the State of Jammu and Kashmir:

Provided that different dates may be notified for the States of Assam, Meghalaya, and the State of

Jammu and Kashmir.

[No. K-11011/1/2016-RE-I(350117)]

APARAJITA SARANGI, Jt. Secy.

(3) As per regulation 12 of the Aadhaar (Enrolment and Update) Regulations, 2016, the Department of Rural

Development or Panchayati Raj, (In-charge MGNREGA) under the State Government or Union Territory

Administrations is required to offer enrolment facilities for the beneficiaries who are not yet enrolled for Aadhaar and in

case there are no Aadhaar enrolment centers located within the respective Block or Taluk or Tehsil, the said Department

of Rural Development or Panchayati Raj (In-charge MGNREGA) may provide enrolment facilities at convenient

locations in coordination with the existing Registrars of UIDAI or may provide Aadhaar enrolment facilities by

becoming UIDAI Registrar:

Provided that till the time Aadhaar is assigned to the individual, she or he shall be allowed to work under the

said Act subject to the production of the following documents, namely:-

(a) job card issued under Mahatma Gandhi NREGA;

(b)(i) if he has enrolled, his Aadhaar Enrolment ID slip; or

(ii) a copy of his request made for Aadhaar enrolment, as specified in sub-paragraph (2) of paragraph 2;

license issued by the Licensing Authority under the Motor Vehicles Act, 1988; or (iv) the certificate of identity having

photo of such member issued by a Gazetted Officer or a Tehsildar on an official letter head; or (v) the Kisan passbook

with photo; or (vi) any other document specified by the State Government:

Provided further that the aforesaid documents shall be checked by an officer specifically designated by the State

Government.

2. (1) In order to provide convenient and hassle free entitlements to the registered workers under the provisions

of the said Act, the Department of Rural Development or Panchayati Raj (In-charge MGNREGA) shall make all the

required arrangements including the following, namely:––

P.R. 46

SC - 20

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Short title and

commencement.

34 of 1968.

THE ENEMY PROPERTY (AMENDMENT AND VALIDATION) ACT, 2017

NO. 3 OF 2017

[14th March, 2017.]

An Act further to amend the Enemy Property Act, 1968 and the Public

Premises (Eviction of Unauthorised Occupants) Act, 1971.

BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Enemy Property (Amendment and Validation) Act,

2017.

(2) Save as otherwise provided in this Act, it shall be deemed to have come into force

on the 7th day of January, 2016.

2. On and from the date of commencement of the Enemy Property Act, 1968 (hereinafter

referred to as the principal Act), in section 2,—

(i) in clause (b),—

(I) for the words "an enemy subject", the words "an enemy subject

including his legal heir and successor whether or not a citizen of India or the

citizen of a country which is not an enemy or the enemy, enemy subject or his

legal heir and successor who has changed his nationality" shall be substituted

and shall always be deemed to have been substituted;

Amendment

of section 2.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 14th March, 2017/Phalguna 23, 1938 (Saka)

The following Act of Parliament received the assent of the President on the

14th March, 2017 and is hereby published for general information:—

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(II) for the words "an enemy firm", the words "an enemy firm, including

its succeeding firm whether or not partners or members of such succeeding firm

are citizen of India or the citizen of a country which is not an enemy or such firm

which has changed its nationality" shall be substituted and shall always be

deemed to have been substituted;

(III) for the words "does not include a citizen of India", the words "does

not include a citizen of India other than those citizens of India, being the legal

heir and successor of the "enemy" or "enemy subject" or "enemy firm" shall be

substituted and shall always be deemed to have been substituted;

(IV) the following Explanations shall be inserted and shall always be

deemed to have been inserted at the end, namely:—

'Explanation 1.—For the purposes of this clause, the expression

"does not include a citizen of India" shall exclude and shall always be

deemed to have been excluded those citizens of India, who are or have

been the legal heir and successor of an "enemy" or an "enemy subject"

or an "enemy firm" which or who has ceased to be an enemy due to

death, extinction, winding up of business or change of nationality or that

the legal heir and successor is a citizen of India or the citizen of a country

which is not an enemy.

Explanation 2.—For the purposes of this clause, it is hereby clarified

that nothing contained in this Act shall affect any right of the legal heir

and successor referred to in this clause (not being inconsistent to the

provisions of this Act) which have been conferred upon him under any

other law for the time being in force.';

(ii) in clause (c), in the proviso,—

(I) after the words "dies in the territories to which this Act extends",

the words "or dies in any territory outside India" shall be inserted and

shall always be deemed to have been inserted;

(II) the following Explanations shall be inserted and shall always

be deemed to have been inserted at the end, namely:—

'Explanation 1.— For the purposes of this clause, it is

hereby clarified that "enemy property" shall, notwithstanding

that the enemy or the enemy subject or the enemy firm has

ceased to be an enemy due to death, extinction, winding up

of business or change of nationality or that the legal heir and

successor is a citizen of India or the citizen of a country

which is not an enemy, continue and always be deemed to be

continued as an enemy property.

Explanation 2.—For the purposes of this clause, the

expression "enemy property" shall mean and include and

shall be deemed to have always meant and included all rights,

titles and interest in, or any benefit arising out of, such

property.'.

3. On and from the date of commencement of the principal Act, in section 5, after

sub-section (2), the following shall be inserted, and shall always be deemed to have been

inserted, namely:—

'(3) The enemy property vested in the Custodian shall, notwithstanding that

the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to

death, extinction, winding up of business or change of nationality or that the legal

heir and successor is a citizen of India or the citizen of a country which is not an

enemy, continue to remain, save as otherwise provided in this Act, vested in the

Custodian.

Amendment of

section 5.

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Explanation.—For the purposes of this sub-section, "enemy property vested

in the Custodian" shall include and shall always be deemed to have been included all

rights, titles, and interest in, or any benefit arising out of, such property vested in him

under this Act.'.

4. After section 5 of the principal Act, the following section shall be inserted,

namely:—

"5A. The Custodian may, after making such inquiry as he deems necessary, by

order, declare that the property of the enemy or the enemy subject or the enemy firm

described in the order, vests in him under this Act and issue a certificate to this effect

and such certificate shall be the evidence of the facts stated therein.".

5. On and from the date of commencement of the principal Act, after section 5A (as so

inserted by section 4 of this Act), the following shall be inserted and shall always be

deemed to have been inserted, namely:—

'5B. Nothing contained in any law for the time being in force relating to

succession or any custom or usage governing succession of property shall apply in

relation to the enemy property under this Act and no person (including his legal heir

and successor) shall have any right and shall be deemed not to have any right

(including all rights, titles and interests or any benefit arising out of such property) in

relation to such enemy property.

Explanation.—For the purposes of this section, the expressions "custom" and

"usage" signify any rule which, having been continuously and uniformly observed

for a long time, has obtained the force of law in the matters of succession of property.'.

6. On and from the date of commencement of the principal Act, for section 6 of the

principal Act, the following section shall be substituted and shall always be deemed to have

been substituted, namely:—

"6. (1) No enemy or enemy subject or enemy firm shall have any right and shall

never be deemed to have any right to transfer any property vested in the Custodian

under this Act, whether before or after the commencement of this Act and any transfer

of such property shall be void and shall always be deemed to have been void.

(2) Where any property vested in the Custodian under this Act had been

transferred, before the commencement of the Enemy Property (Amendment and

Validation) Act, 2017, by an enemy or enemy subject or enemy firm and such transfer

has been declared, by an order, made by the Central Government, to be void, and the

property had been vested or deemed to have been vested in the Custodian [by virtue

of the said order made under section 6, as it stood before its substitution by section 6

of the Enemy Property (Amendment and Validation) Act, 2017] such property shall,

notwithstanding anything contained in any judgment, decree or order of any court,

tribunal or other authority, continue to vest or be deemed to have been vested in the

Custodian and no person (including an enemy or enemy subject or enemy firm) shall

have any right or deemed to have any right (including all rights, titles and interests or

any benefit arising out of such property) over the said property vested or deemed to

have been vested in the Custodian.".

7. In section 8 of the principal Act,—

(i) on and from the date of commencement of the principal Act, for sub-section (1),

the following sub-section shall be substituted and shall always be deemed to have

been substituted, namely:—

"(1) With respect to the property vested in the Custodian under this Act,

the Custodian may take or authorise the taking of such measures as he considers

necessary or expedient for preserving such property till it is disposed of in

accordance with the provisions of this Act.";

Insertion of

new section

5A.

Issue of

certificate by

Custodian.

Insertion of

new section

5B.

Law of

succession or

any custom or

usage not to

apply to

enemy

property.

Amendment

of section 6.

Prohibition to

transfer any

property

vested in

Custodian by

an enemy,

enemy subject

or enemy

firm.

Amendment

of section 8.

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(ii) in sub-section (2),—

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

“(ia) fix and collect the rent, standard rent, lease rent, licence fee or

usage charges, as the case may be, in respect of enemy property;’’;

(b) after clause (iv), the following clause shall be inserted, namely:—

"(iva) secure vacant possession of the enemy property by evicting

the unauthorised or illegal occupant or trespasser and remove

unauthorised or illegal constructions, if any.’’.

8. After section 8 of the principal Act, the following section shall be inserted,

namely:—

"8A. (1) Notwithstanding anything contained in any judgment, decree or order

of any court, tribunal or other authority or any law for the time being in force, the

Custodian may, within such time as may be specified by the Central Government in

this behalf, dispose of whether by sale or otherwise, as the case may be, with prior

approval of the Central Government, by general or special order, enemy properties

vested in him immediately before the date of commencement of the Enemy Property

(Amendment and Validation) Act, 2017 in accordance with the provisions of this Act,

as amended by the Enemy Property (Amendment and Validation) Act, 2017.

(2) The Custodian may, for the purpose of disposal of enemy property under

sub-section (1), make requisition of the services of any police officer to assist him

and it shall be the duty of such officer to comply with such requisition.

(3) The Custodian shall, on disposal of enemy property under sub-section (1)

immediately deposit the sale proceeds into the Consolidated Fund of India and intimate

details thereof to the Central Government.

(4) The Custodian shall send a report to the Central Government at such intervals,

as it may specify, for the enemy properties disposed of under sub-section (1),

containing such details, (including the price for which such property has been sold

and the particulars of the buyer to whom the properties have been sold or disposed of

and the details of the proceeds of sale or disposal deposited into the Consolidated

Fund of India) as it may specify.

(5) The Central Government may, by general or special order, issue such

directions to the Custodian on the matters relating to disposal of enemy property

under sub-section (1) and such directions shall be binding upon the Custodian and

the buyer of the enemy properties referred to in that sub-section and other persons

connected to such sale or disposal.

(6) The Central Government may, by general or special order, make such

guidelines for disposal of enemy property under sub-section (1).

(7) Notwithstanding anything contained in this section, the Central Government

may direct that disposal of enemy property under sub-section (1) shall be made by

any other authority or Ministry or Department instead of Custodian and in that case

all the provisions of this section shall apply to such authority or Ministry or

Department in respect of disposal of enemy property under sub-section (1).

(8) Notwithstanding anything contained in sub-sections (1) to (7), the Central

Government may deal with or utilise the enemy property in such manner as it may

deem fit.".

9. After section 10 of the principal Act, the following section shall be inserted,

namely:—

"10A. (1) Where the Custodian proposes to sell any enemy immovable property

vested in him, to any person, he may on receipt of the sale proceeds of such property,

issue a certificate of sale in favour of such person and such certificate of sale shall,

Sale of

property by

Custodian.

Insertion of

new section

8A.

Insertion of new

section 10A.

Power to issue

certificate of

sale.

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notwithstanding the fact that the original title deeds of the property have not been

handed over to the transferee, be valid and conclusive proof of ownership of such

property by such person.

(2) Notwithstanding anything contained in any law for the time being in force,

the certificate of sale, referred to in sub-section (1), issued by the Custodian shall be

a valid instrument for the registration of the property in favour of the transferee and

the registration in respect of enemy property for which such certificate of sale had

been issued by the Custodian, shall not be refused on the ground of lack of original

title deeds in respect of such property or for any such other reason.".

10. In section 11 of the principal Act, after sub-section (2), the following sub-section

shall be inserted, namely:—

“(3) The Custodian, Deputy Custodian or Assistant Custodian shall have, for

the purposes of exercising powers or discharging his functions under this Act, the

same powers as are vested in a civil court under the Code of Civil Procedure,1908,

while dealing with any case under this Act, in respect of the following matters,

namely:—

(a) requiring the discovery and inspection of documents;

(b) enforcing the attendance of any person, including any officer dealing

with land, revenue and registration matters, banking officer or officer of a

company and examining him on oath;

(d) issuing commissions for the examination of witnesses or documents.".

11. In section 17 of the principal Act, in sub-section (1), for the words "two per

centum", at both the places where they occur, the words "five per centum" shall be

substituted.

12. For section 18 of the principal Act, the following section shall be substituted,

namely:—

"18. The Central Government may, on receipt of a representation from a person,

aggrieved by an order vesting a property as enemy property in the Custodian within

a period of thirty days from the date of receipt of such order or from the date of its

publication in the Official Gazette, whichever is earlier and after giving a reasonable

opportunity of being heard, if it is of the opinion that any enemy property vested in

the Custodian under this Act and remaining with him was not an enemy property, it

may by general or special order, direct the Custodian that such property vested as

enemy property in the Custodian may be transferred to the person from whom such

property was acquired and vested in the Custodian.".

13. On and from the date of commencement of the principal Act, after section 18 (as

so substituted by section 12 of this Act), the following section shall be inserted and shall

always be deemed to have been inserted, namely:—

"18A. Any income received in respect of the enemy property by the Custodian

shall not, notwithstanding that such property had been transferred by way of sale

under section 8A or section 18, as the case may be, to any other person, be returned

or liable to be returned to such person or any other person.".

14. After section 18A of the principal Act, (as so inserted by section 13 of this Act),

the following sections shall be inserted, namely:—

"18B. Save as otherwise provided in this Act, no civil court or authority shall

have jurisdiction to entertain any suit or proceedings in respect of any property,

subject matter of this Act, as amended by the Enemy Property (Amendment and

Validation) Act, 2017", or any action taken by the Central Government or the Custodian

in this regard.

Amendment of

section 11.

5 of 1908.

Amendment

of section 17.

Substitution of

new section

for section 18.

Transfer of

property

vested as

enemy

property in

certain cases.

Insertion

of new

section 18A.

Insertion of

new sections

18B and 18C.

Income not

liable to be

returned.

Exclusion of

jurisdiction of

civil courts.

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Amendment of

section 23.

18C. Any person aggrieved by an order of the Central Government under

section 18 of this Act, may, within a period of sixty days from the date of communication

or receipt of the order, file an appeal to the High Court on any question of fact or law

arising out of such orders, and upon such appeal the High Court may, after hearing

the parties, pass such orders thereon as it thinks proper:

Provided that the High Court may, if it is satisfied that the appellant was prevented

by sufficient cause from filing an appeal within the said period, allow it is to be filed

within a further period not exceeding sixty days.

Explanation.—In this section, "High Court" means the High Court of a State or

Union territory in which the property referred to in section 18 is situated.".

15. In section 20 of the principal Act, for the words "five hundred rupees" at both the

places where they occur, the words ‘‘ten thousand rupees’’ shall be substituted.

16. On and from the date of commencement of the principal Act, in section 22 of the

principal Act, after the words "for the time being in force", the brackets and words "(including

any law of succession or any custom or usage in relation to succession of property)" shall

be inserted and shall always be deemed to have been inserted.

17. After section 22 of the principal Act, the following section shall be inserted and

shall always be deemed to have been inserted with effect from the 2nd July, 2010, namely:—

"22A. Notwithstanding anything contained in any judgment, decree or order of

any court, tribunal or other authority,—

(a) the provisions of this Act, as amended by the Enemy Property

(Amendment and Validation) Act, 2017, shall have and shall always be deemed

to have effect for all purposes as if the provisions of this Act, as amended by

the said Act, had been in force at all material times;

(b) any enemy property divested from the Custodian to any person under

the provisions of this Act, as it stood immediately before the commencement of

the Enemy Property (Amendment and Validation) Act, 2017, shall stand

transferred to and vest or continue to vest, free from all encumbrances, in the

Custodian in the same manner as it was vested in the Custodian before such

divesting of enemy property under the provisions of this Act, as if the provisions

of this Act, as amended by the aforesaid Act, were in force at all material times;

of the foregoing provisions, be maintained or continued in any court or tribunal

or authority for the enforcement of any decree or order or direction given by

such court or tribunal or authority directing divestment of enemy property from

the Custodian vested in him under section 5 of this Act, as it stood before the

commencement of the Enemy Property (Amendment and Validation) Act, 2017,

and such enemy property shall continue to vest in the Custodian under section 5

of this Act, as amended by the aforesaid Act, as the said section, as amended

by the aforesaid Act was in force at all material times;

(d) any transfer of any enemy property, vested in the Custodian, by

virtue of any order of attachment, seizure or sale in execution of decree of a civil

court or orders of any tribunal or other authority in respect of enemy property

vested in the Custodian which is contrary to the provisions of this Act, as

amended by the Enemy Property (Amendment and Validation) Act, 2017, shall

be deemed to be null and void and notwithstanding such transfer, continue to

vest in the Custodian under this Act.".

18. In section 23 of the principal Act, in sub-section (2), clause (d) shall be omitted.

19. (1) If any difficulty arises in giving effect to the provisions of the principal Act, as

amended by the Enemy Property (Amendment and Validation) Act, 2017, the Central

Government may, by order, published in the Official Gazette, make such provisions not

Amendment

of section 20.

Amendment of

section 22.

Insertion of

new section

22A.

Validation.

Power to

remove

difficulties.

Appeal to

High Court.

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inconsistent with the provisions of this Act, as amended by the Enemy Property (Amendment

and Validation) Act, 2017, or the Public Premises (Eviction of Unauthorised Occupants) Act,

1971, as amended by the Enemy Property (Amendment and Validation) Act, 2017, as may

appear to be necessary for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of two

years from the date on which the Enemy Property (Amendment and Validation) Bill, 2017,

replacing the Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, receives

the assent of the President.

(2) Every order made under this section shall be laid, as soon as may be after it is

made, before each House of Parliament.

20. In the Public Premises (Eviction of Unauthorised Occupants) Act,1971,—

(a) in section 2, in clause (e), after sub-clause (3), the following sub-clause shall

be inserted, namely:—

"(4) any premises of the enemy property as defined in clause (c) of section

2 of the Enemy Property Act, 1968.";

(b) in section 3, in clause (a),—

(i) in the second proviso, the word "and" shall be omitted;

(ii) after the second proviso, the following proviso shall be inserted,

namely:—

"Provided also that the Custodian, Deputy Custodian and

Assistant Custodian of the enemy property appointed under section 3

of the Enemy Property Act, 1968 shall be deemed to have been appointed

as the Estate Officer in respect of those enemy property, being the

public premises, referred to in sub-clause (4) of clause (e) of section 2

of this Act for which they had been appointed as the Custodian, Deputy

Custodian and Assistant Custodian under section 3 of the Enemy

Property Act, 1968.".

21. Notwithstanding the cessation of the operation of the Enemy Property

(Amendment and Validation) Ordinance, 2010, anything done or any action taken under the

Enemy Property Act, 1968, or the Public Premises (Eviction of Unauthorised Occupants)

Act, 1971, as amended by the Enemy Property (Amendment and Validation) Ordinance,

2010, shall be deemed to have been done or taken under the corresponding provisions of

those Acts, as amended by the Enemy Property (Amendment and Validation) Ordinance,

2010, as if the provisions of this Act, as amended by the said Ordinance had been in force

at all material times.

22. (1) The Enemy Property (Amendment and Validation) Fifth Ordinance, 2016 is

hereby repealed.

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

Property Act, 1968 as amended by the said Ordinance, shall be deemed to have been done

or taken under the corresponding provisions of the said Act, as amended by this Act.

Amendment

of sections 2

and 3 of Act

40 of 1971.

34 of 1968.

Savings.

Ord. 4 of 2010.

34 of 1968.

40 of 1971.

Ord. 8 of

2016.

34 of 1968.

Repeal and

savings.

40 of 1971.

Ord. 8 of

2016.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

P.R. 51

SC - 20

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THE TAXATION LAWS (AMENDMENT) ACT, 2017

NO. 18 OF 2017

[4th May, 2017.]

An Act further to amend the Customs Act, 1962, the Customs Tariff Act, 1975,

the Central Excise Act, 1944, the Central Sales Tax Act, 1956, the Finance

Act, 2001 and the Finance Act, 2005 and to repeal certain enactments.

BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—

1. (1) This Act may be called the Taxation Laws (Amendment) Act, 2017.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and

any reference in any such provision to the commencement of this Act shall be construed as

a reference to the commencement of that provision.

CHAPTER I

CUSTOMS

2. In the Customs Act, 1962 (hereinafter referred to as the Customs Act), in section 2,

in clause (11), after the words "the area of a Customs station", the words "or a warehouse"

shall be inserted.

Short title and

commence-

ment.

52 of 1962.

Amendment

of section 2.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 5th May, 2017/Vaisakha 15, 1939 (Saka)

The following Act of Parliament received the assent of the President on the

04th April, 2017, and is hereby published for general information:—

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C¢ü¸ÀÆZÀ£É

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¥ÀæPÀn¸À¯ÁVzÉ.

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3. In the Customs Act, after section 108, the following sections shall be inserted,

namely:—

"108A. (1) Any person, being—

(a) a local authority or other public body or association; or

(b) any authority of the State Government responsible for the collection of

value added tax or sales tax or any other tax relating to the goods or services; or

tax Act, 1961;

(d) a Banking company within the meaning of clause (a) of section 45A of

the Reserve Bank of India Act, 1934; or

(e) a co-operative bank within the meaning of clause (dd) of section 2 of

the Deposit Insurance and Credit Guarantee Corporation Act,1961; or

(f) a financial institution within the meaning of clause (c), or a non-banking

financial company within the meaning of clause (f), of section 45-I of the Reserve

Bank of India Act,1934; or

(g) a State Electricity Board; or an electricity distribution or transmission

licensee under the Electricity Act, 2003, or any other entity entrusted, as the case

may be, with such functions by the Central Government or the State

Government; or

(h) the Registrar or Sub-Registrar appointed under section 6 of the

Registration Act, 1908; or

(i) a Registrar within the meaning of the Companies Act, 2013; or

(j) the registering authority empowered to register motor vehicles under

Chapter IV of the Motor Vehicles Act, 1988; or

(k) the Collector referred to in clause (c) of section 3 of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013; or

(l) the recognised stock exchange referred to in clause (f) of section 2 of

the Securities Contracts (Regulation) Act, 1956; or

(m) a depository referred to in clause (e) of sub-section (1) of section 2 of

the Depositories Act, 1996; or

(n) the Post Master General within the meaning of clause ( j) of section 2 of

the Indian Post Office Act, 1898; or

(o) the Director General of Foreign Trade within the meaning of clause (d)

of section 2 of the Foreign Trade (Development and Regulation) Act,1992; or

(p) the General Manager of a Zonal Railway within the meaning of

clause (18) of section 2 of the Railways Act,1989; or

(q) an officer of the Reserve Bank of India constituted under section 3 of

the Reserve Bank of India Act, 1934,

who is responsible for maintaining record of registration or statement of accounts or

holding any other information under any of the Acts specified above or under any

other law for the time being in force, which is considered relevant for the purposes of

this Act, shall furnish such information to the proper officer in such manner as may be

prescribed by rules made under this Act.

(2) Where the proper officer considers that the information furnished under

sub-section (1) is defective, he may intimate the defect to the person who has furnished

43 of 1961.

2 of 1934.

47 of 1961.

2 of 1934.

36 of 2003.

16 of 1908.

18 of 2013.

59 of 1988.

30 of 2013.

42 of 1956.

22 of 1996.

6 of 1898.

22 of 1992.

24 of 1989.

2 of 1934.

Insertion of new

sections 108A

and 108B.

Obligation to

furnish

information.

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such information and give him an opportunity of rectifying the defect within a period

of seven days from the date of such intimation or within such further period which, on

an application made in this behalf, the proper officer may allow and if the defect is not

rectified within the said period of seven days or, further period, as the case may be, so

allowed, then, notwithstanding anything contained in any other provision of this Act,

such information shall be deemed as not furnished and the provisions of this Act shall

apply.

(3) Where a person who is required to furnish information has not furnished the

same within the time specified in sub-section (1) or sub-section (2), the proper officer

may serve upon him a notice requiring him to furnish such information within a period

not exceeding thirty days from the date of service of the notice and such person shall

furnish such information.

108B. Where the person who is required to furnish information under

section 108A fails to do so within the period specified in the notice issued under

sub-section (3) thereof, the proper officer may direct such person to pay, by way of

penalty, a sum of one hundred rupees for each day of the period during which the

failure to furnish such information continues.".

CHAPTER II

CUSTOMS TARIFF

4. In the Customs Tariff Act, 1975, in section 3,—

(a) in sub-section (2),—

(i) in clause (ii), for item (a), the following item shall be substituted,

namely:—

"(a) the duty referred to in sub-sections (1), (3), (5), (7) and (9);";

(ii) in the proviso, in sub-clause (b), item (ii) shall be omitted;

(b) in sub-section (6), in clause (ii), for item (a), the following item shall be

substituted, namely:—

"(a) the duty referred to in sub-sections (5), (7) and (9);";

namely:—

"(7) Any article which is imported into India shall, in addition, be liable to

integrated tax at such rate, not exceeding forty per cent. as is leviable under

section 5 of the Integrated Goods and Services Tax Act, 2017 on a like article on

its supply in India, on the value of the imported article as determined under

sub-section (8).

(8) For the purposes of calculating the integrated tax under

sub-section (7) on any imported article where such tax is leviable at any percentage

of its value, the value of the imported article shall, notwithstanding anything

contained in section 14 of the Customs Act, 1962, be the aggregate of—

(a) the value of the imported article determined under

sub-section (1) of section 14 of the Customs Act, 1962 or the tariff value

of such article fixed under sub-section (2) of that section, as the case may

be; and

(b) any duty of customs chargeable on that article under section 12

of the Customs Act, 1962, and any sum chargeable on that article under

any law for the time being in force as an addition to, and in the same

manner as, a duty of customs, but does not include the tax referred to in

sub-section (7) or the cess referred to in sub-section (9).

Penalty for

failure to

furnish

information

return.

Amendment

of section 3.

51 of 1975.

52 of 1962.

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(9) Any article which is imported into India shall, in addition, be liable to

the goods and services tax compensation cess at such rate, as is leviable under

section 8 of the Goods and Services Tax (Compensation to States) Cess Act,

2017 on a like article on its supply in India, on the value of the imported article as

determined under sub-section (10).

(10) For the purposes of calculating the goods and services tax

compensation cess under sub-section (9) on any imported article where such cess

is leviable at any percentage of its value, the value of the imported article shall,

notwithstanding anything contained in section 14 of the Customs Act, 1962, be

the aggregate of—

(a) the value of the imported article determined under

sub-section (1) of section 14 of the Customs Act, 1962 or the tariff value of

such article fixed under sub-section (2) of that section, as the case may

be; and

(b) any duty of customs chargeable on that article under section 12

of the Customs Act, 1962, and any sum chargeable on that article under

any law for the time being in force as an addition to, and in the same

manner as, a duty of customs, but does not include the tax referred to in

sub-section (7) or the cess referred to in sub-section (9).

(11) The duty or tax or cess, as the case may be, chargeable under this

section shall be in addition to any other duty or tax or cess, as the case may be,

imposed under this Act or under any other law for the time being in force.

(12) The provisions of the Customs Act, 1962 and the rules and regulations

made thereunder, including those relating to drawbacks, refunds and exemption

from duties shall, so far as may be, apply to the duty or tax or cess, as the case

may be, chargeable under this section as they apply in relation to the duties

leviable under that Act.".

CHAPTER III

CENTRAL EXCISE

5. In the Central Excise Act, 1944 (hereinafter referred to as the Central Excise Act), in

section 2,—

(a) in clause (d), for the words and figures "the First Schedule and the Second

Schedule to the Central Excise Tariff Act, 1985", the words "the Fourth Schedule" shall

be substituted;

(b) in clause (e) the words ''other than salt'' shall be omitted;

to the Central Excise Tariff Act, 1985", the words "the Fourth Schedule" shall be

substituted.

6. In the Central Excise Act, for section 3, the following section shall be substituted,

namely:—

"3. (1) There shall be levied and collected in such manner as may be prescribed

a duty of excise to be called the Central Value Added Tax (CENVAT) on all excisable

goods (excluding goods produced or manufactured in special economic zones) which

are produced or manufactured in India as, and at the rates, set forth in the Fourth

Schedule:

Provided that the duty of excise which shall be levied and collected on any

excisable goods which are produced or manufactured by a hundred per cent. export-

oriented undertaking and brought to any other place in India, shall be an amount equal

to the aggregate of the duties of customs which would be leviable under the Customs

52 of 1962.

1 of 1944.

Amendment

of section 2.

5 of 1986.

Substitution of

new

section

for section 3.

Duty specified

in the Fourth

Schedule to be

levied.

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Act, 1962 or any other law for the time being in force, on like goods produced or

manufactured outside India if imported into India, and where the said duties of customs

are chargeable by reference to their value, the value of such excisable goods shall,

notwithstanding anything contained in any other provision of this Act, be determined

in accordance with the provisions of the Customs Act, 1962 and the Customs Tariff

Act, 1975.

Explanation 1.—Where in respect of any such like goods, any duty of customs

leviable for the time being in force is leviable at different rates, then, such duty shall,

for the purposes of this proviso, be deemed to be leviable at the highest of those rates.

Explanation 2.—For the purposes of this sub-section,—

(i) "hundred per cent. export-oriented undertaking" means an undertaking

which has been approved as a hundred per cent. export-oriented undertaking by

the Board appointed in this behalf by the Central Government in exercise of the

powers conferred by section 14 of the Industries (Development and Regulation)

Act, 1951, and the rules made under that Act;

(ii) "Special Economic Zone" shall have the meaning assigned to it in

clause (za) of section 2 of the Special Economic Zones Act, 2005.

(2) The provisions of sub-section (1) shall apply in respect of all excisable

goods which are produced or manufactured in India by or on behalf of the Government,

as they apply in respect of goods which are not produced or manufactured by the

Government.

(3) The Central Government may, by notification in the Official Gazette, fix, for

the purposes of levying the said duty, tariff values of any articles enumerated, either

specifically or under general headings, in the Fourth Schedule as chargeable with duty

ad valorem and may alter any tariff values for the time being in force.

(4) The Central Government may fix different tariff values—

(a) for different classes or descriptions of the same excisable goods; or

(b) for excisable goods of the same class or description—

(i) produced or manufactured by different classes of producers or

manufacturers; or

(ii) sold to different classes of buyers:

Provided that in fixing different tariff values in respect of excisable

goods falling under sub-clause (i) or sub-clause (ii), regard shall be had to

the sale prices charged by the different classes of producers or

manufacturers or, as the case may be, the normal practice of the wholesale

trade in such goods.''.

7. In the Central Excise Act, in section 3A, in Explanation 1, for the words and figures,

"First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985", the words

''Fourth Schedule'' shall be substituted.

8. In the Central Excise Act, after section 3A, the following sections shall be inserted,

namely:—

''3B. (1) Where, in respect of any goods, the Central Government is satisfied that

the duty leviable thereon under section 3 should be increased and that circumstances

exist which render it necessary to take immediate action, the Central Government may,

by notification in the Official Gazette, amend the Fourth Schedule to substitute the rate

of duty specified therein in respect of such goods in the following manner, namely:—

(a) in a case where the rate of duty as specified in the Fourth Schedule as

in force immediately before the issue of such notification is nil, a rate of duty not

exceeding fifty per cent. ad valorem expressed in any form or method;

52 of 1962.

51 of 1975.

65 of 1951.

28 of 2005.

Amendment

of section

3A.

Insertion of

new sections

3B and 3C.

Emergency

power of

Central

Government

to increase

duty of

excise.

5 of 1986.

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(b) in any other case, a rate of duty which shall not be more than twice the

rate of duty specified in respect of such goods in the Fourth Schedule as in force

immediately before the issue of the said notification:

Provided that the Central Government shall not issue any notification

under this sub-section for substituting the rate of duty in respect of any goods

as specified by an earlier notification issued under this sub-section by that

Government before such earlier notification has been approved with or without

modifications under sub-section (2).

Explanation.—For the purposes of this sub-section, the term "form or

method", in relation to a rate of duty of excise, means the basis, including

valuation, weight, number, length, area, volume or any other measure, on which

the duty may be levied.

(2) Every notification under sub-section (1) shall be laid before each House of

Parliament, if it is in session, as soon as may be after the issue of the notification,

and, if it is not in session, within seven days of its re-assembly, and the Central

Government shall seek the approval of Parliament to the notification by a resolution

moved within a period of fifteen days beginning with the day on which the notification

is so laid before the House of the People and if Parliament makes any modification in

the notification or directs that the notification should cease to have effect, the

notification shall thereafter have effect only in such modified form or be of no effect,

as the case may be, but without prejudice to the validity of anything previously

done thereunder.

(3) Any notification issued under sub-section (1), including a notification

approved or modified under sub-section (2), may be rescinded by the Central

Government at any time by issuing notification in the Official Gazette.

3C. (1) Where the Central Government is satisfied that it is necessary so to do in

the public interest, it may, by notification in the Official Gazette, amend the Fourth

Schedule:

Provided that such amendment shall not alter or affect in any manner the rates

specified in the Fourth Schedule at which the duties of excise shall be leviable on the

goods specified therein.".

9. In the Central Excise Act, in section 38, after the word, figure and letter

"section 3A", the word, figure and letter "section 3C" shall be inserted.

10. In the Central Excise Act, after section 38A, the following section shall be inserted,

namely:—

"38B. Notwithstanding the repeal of the Central Excise Tariff Act, 1985 by

sub-section (1) of section 174 of the Central Goods and Services Tax Act, 2017, any

reference to the Chapter, heading, sub-heading or tariff item, as the case may be, in the

First Schedule to the said Act or in any rules or regulations made thereunder, or in any

notification, circular, order or instruction issued thereunder, shall mean a reference to

the Chapter, heading, sub-heading or tariff item, as the case may be, in the Fourth

Schedule.".

11. In the Central Excise Act, for the Third Schedule, the Schedule specified in the

First Schedule shall be substituted.

12. In the Central Excise Act, after the Third Schedule, the Schedule specified in the

Second Schedule shall be inserted.

Power of

Central

Government

to amend

Fourth

Schedule.

Amendment

of section 38.

Insertion of a

new section

38B.

Savings of

references to

Chapter,

heading, sub-

heading and

tariff item in

Central Excise

Tariff Act,

1985.

Substitution of

new Schedule

for Third

Schedule.

Insertion of

Fourth

Schedule.

5 of 1986.

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CHAPTER IV

CENTRAL SALES TAX

13. In the Central Sales Tax Act, 1956 (hereinafter referred to as the Central Sales Tax

Act), in section 2,—

(a) clause (c) shall be omitted;

(b) for clause (d), the following clause shall be substituted, namely:—

‘(d) “goods” means—

(i) petroleum crude;

(ii) high speed diesel;

(iii) motor spirit (commonly known as petrol);

(iv) natural gas;

(v) aviation turbine fuel; and

(vi) alcoholic liquor for human consumption;’.

14. In the Central Sales Tax Act, section 14 shall be omitted.

15. In the Central Sales Tax Act, section 15 shall be omitted.

CHAPTER V

MISCELLANEOUS

16. In the Finance Act, 2001, in the Seventh Schedule,—

(a) except tariff items 2402 20 10, 2402 20 20, 2402 20 30, 2402 20 40, 2402 20 50,

2402 20 90, 2402 90 10, 2403 11 10, 2403 19 10, 2403 19 21, 2403 19 29, 2403 19 90, 2403 91

00, 2403 99 10, 2403 99 20, 2403 99 30, 2403 99 40, 2403 99 50, 2403 99 60, 2403 99 90 and

2709 00 00 and the entries relating thereto, all other heading, sub-heading, tariff items

and entries relating thereto shall be omitted;

(b) for tariff item 2709 00 00 and the entries relating thereto, the following

tariff item and entries shall be substituted, namely:—

(1)

(2)

(3)

(4)

‘‘2709 20 00

Petroleum Crude

Kg.

Rs. 50 per tonne’’.

17. In the Finance Act, 2005, in the Seventh Schedule, tariff item 2106 90 20 and the

entries relating thereto shall be omitted.

18. (1) The enactments specified in the third column of the Third Schedule are hereby

repealed to the extent specified in the fourth column thereof.

(2) Notwithstanding the repeal under sub-section (1), such repeal shall not—

(a) affect any other law in which the repealed enactment has been applied,

incorporated or referred to;

(b) affect the validity, invalidity, effect or consequences of anything already

done or suffered or any right, title, obligation or liability already acquired, accrued or

incurred or any remedy or proceeding in respect thereof, or any release or discharge of

or from any debt, penalty, obligation, liability, claim or demand, or any indemnity

already granted, or the proof of any past act or thing under the repealed enactment;

Amendment

of Seventh

Schedule to

Act 14 of

2001.

Amendment

of Seventh

Schedule to

Act 18 of

2005.

Repeal and

savings of

certain

enactments.

Amendment

of section 2.

Omission of

section 14.

Omission of

section 15.

74 of 1956.

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of pleading, practice or procedure, or existing usage, custom, privilege, restriction,

exemption, office or appointment, notwithstanding that the same respectively may

have been in any manner affirmed or recognised or derived by, in or from any enactment

hereby repealed;

(d) revive or restore any jurisdiction, office, custom, liability, right, title, privilege,

restriction, exemption, usage, practice, procedure or other matter or thing not now

existing or in force.

(2) The mention of particular matters in sub-section (1) shall not be held to prejudice or

affect the general application of section 6 of the General Clauses Act, 1897, with regard to the

effect of repeals.

19. Notwithstanding the repeal of the enactments specified in the Third Schedule, the

proceeds of duties levied under the said enactments immediately preceding the date appointed

under sub-section (2) of section 1,—

(i) if collected by the collecting agencies but not paid into the Reserve Bank of

India; or

(ii) if not collected by the collecting agencies,

shall be paid or as the case may be, collected and paid into the Reserve Bank of India for

being credited to the Consolidated Fund of India.

Collection

and payment

of arrears of

duties.

10 of 1897.

THE FIRST SCHEDULE

(See section 11)

"THE THIRD SCHEDULE

[See section 2 (f) (iii)]

NOTES

1. In this Schedule, "heading", "sub-heading" and "tariff item" mean respectively, a

heading, sub-heading and tariff item in the Fourth Schedule.

2. The rules for the interpretation, the Section, Chapter Notes and the General

Explanatory Notes of the Fourth Schedule shall apply to the interpretation of this Schedule.

Sl.No.

Heading, Sub-heading or Tariff item

Description of goods

2402 20 10 to 2402 20 90

All Goods

2403 99 10, 2403 99 20, 2403 99 30

Chewing tobacco and preparations

containing chewing tabacco

2403 99 90

Pan masala containing tobacco".

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THE SECOND SCHEDULE

(See section 12)

“THE FOURTH SCHEDULE

[See section 2 (d) and 2 (f) (ii)]

General Rules for the interpretation of this Schedule

Classification of goods in this Schedule shall be governed by the following principles:

1. The titles of Sections, Chapters and Sub-Chapters are provided for ease of reference

only; for legal purposes, classification shall be determined according to the terms of the

headings and any relative Sections or Chapter Notes and, provided such headings or Notes

do not otherwise require, according to the following provisions.

2. Any reference in a heading—

(a) to an article shall be taken to include a reference to that article incomplete or

unfinished, provided that, as presented, the incomplete or unfinished article has the

essential character of the complete or finished article. It shall also be taken to include

a reference to that article complete or finished (or falling to be classified as complete or

finished by virtue of this rule), presented unassembled or disassembled;

(b) to a material or substance shall be taken to include a reference to mixtures or

combinations of that material or substance with other materials or substances. Any

reference to goods of a given material or substance shall be taken to include a reference

to goods consisting wholly or partly of such material or substance. The classification

of goods consisting of more than one material or substance shall be according to the

principles of rule 3.

3. When by application of clause (b) of rule 2 or for any other reason, goods are, prima

facie, classifiable under two or more headings, classification shall be effected as follows:—

(a) the heading which provides the most specific description shall be preferred

to headings providing a more general description. However, when two or more headings

each refer to part only of the materials or substances contained in mixed or composite

goods or to part only of the items in a set put up for retail sale, those headings are to

be regarded as equally specific in relation to those goods, even if one of them gives a

more complete or precise description of the goods;

(b) mixtures, composite goods consisting of different materials or made up of

different components, and goods put up in sets for retail sale, which cannot be classified

by reference to clause (a), shall be classified as if they consisted of the material or

component which gives them their essential character, insofar as this criterion is

applicable;

shall be classified under the heading which occurs last in numerical order among those

which equally merit consideration.

4. Goods which cannot be classified in accordance with the above rules shall be

classified under the heading appropriate to the goods to which they are most akin.

5. For legal purposes, the classification of goods in the sub-headings of a heading

shall be determined according to the terms of those sub-headings and any related sub-heading

Notes and, mutatis mutandis, to the above rules, on the understanding that only sub-headings

at the same level are comparable. For the purposes of this rule, the relative Chapter Notes

also apply, unless the context otherwise requires.

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General Explanatory Notes

1. Where in column (2) of this Schedule, the description of an article or group of

articles under a heading is preceded by "-", the said article or group of articles shall be taken

to be a sub-classification of the article or group of articles covered by the said heading.

Where, however, the description of an article or group of articles is preceded by "--", the said

article or group of articles shall be taken to be a sub-classification of the immediately preceding

description of the article or group of articles which has "-". Where the description of an

article or group of articles is preceded by "---" or "----", the said article or group of articles

shall be taken to be a sub-classification of the immediately preceding description of the

article or group of articles which has "-" or "--".

2. The abbreviation "%" in column (4) of this Schedule, in relation to the rate of duty,

indicates that the duty on the goods to which the entry relates shall be charged on the basis

of the value of the goods fixed, defined or deemed to be, as the case may be, under or in

sub-section (2), read with sub-section (3) of section 3 or section 4 or section 4A of the

Central Excise Act, 1944, the duty being equal to such percentage of the value as is indicated

in that column.

Additional Notes

In this Schedule,—

(1) The expression,—

(a) "heading", in respect of goods, means a description in list of tariff

provisions accompanied by a four-digit number and includes all sub-headings

of tariff items the first four-digits of which correspond to that number;

(b) "sub-heading", in respect of goods, means a description in the list of

tariff provisions accompanied by a six-digit number and includes all tariff items

the first six-digits of which correspond to that number;

accompanying either eight-digit number and the rate of the duty of excise, or

eight-digit number with blank in the column of the rate of duty;

(2) The list of tariff provisions is divided into Sections, Chapters and

Sub-Chapters;

(3) In column (3), the standard unit of quantity is specified for each tariff item to

facilitate the collection, comparison and analysis of trade statistics;

(4) "….." against any goods denotes that Central Excise duty under this Schedule

is not leviable on such goods.

List of Abbreviations used

Abbreviations For

1. kg. Kilogram

2. Tu Thousand in number

SECTION IV

TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES

NOTE

In this Section, the expression "unit container" means a container, whether large or

small (for example, tin, can, box, jar, bottle, bag or carton, drum, barrel or canister) designed to

hold a predetermined quantity or number.

1 of 1944.

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Chapter 24

TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES

NOTES

1. In this Chapter, "brand name" means a brand name, whether registered or not, that is

to say, a name or a mark, such as a symbol, monogram, label, signature invented words or any

writing which is used in relation to a product, for the purpose of indicating, or so as to

indicate, a connection in the course of trade between the product and some person using

such name or mark with or without any indication of the identity of that person.

2. In relation to products of heading 2401or 2402 or 2403, labelling or relabelling of

containers or repacking from bulk packs to retail packs or the adoption of any other treatment

to render the product marketable to the consumer, shall amount to ‘‘manufacture’’.

3. In this Chapter, "Pan masala containing tobacco", commonly known as ‘‘gutkha’’ or

by any other name, included in tariff item 2403 99 90, means any preparation containing betel-

nuts and tobacco and any one or more of the following ingredients, namely:—

(i) lime; and

(ii) kattha(catechu),

whether or not containing any other ingredients, such ascardamom, copra and menthol.

SUB-HEADING NOTE

For the purposes of sub-heading 2403 11, the expression "water pipe tobacco" means

tobacco intended for smoking in a water pipe and which consists of a mixture of tobacco and

glycerol, whether or not containing aromatic oils and extracts, molasses or sugar, and whether

or not flavoured with fruit. However, tobacco-free products intended for smoking in a water

pipe are excluded from this sub-heading.

SUPPLEMENTRY NOTES

For the purposes of this Chapter:

(1) "tobacco" means any form of tobacco, whether cured or uncured and whether

manufactured or not, and includes the leaf, stalks and stems of the tobacco plant, but does

not include any part of a tobacco plant while still attached to the earth.

(2) "cut-tobacco" means the prepared or processed cut-to-size tobacco which is

generally blended or moisturised to a desired extent for use in the manufacture of machine-

rolled cigarettes.

(3) "smoking mixtures for pipes and cigarettes" of sub-heading 2403 10 does not cover

" Gudaku".

Tariff item

Description of goods

Unit

Rate of Duty

(1)

(2)

(3)

(4)

2401

Unmanufactured Tobacco; Tobacco Refuse

2401 10

- Tobacco, not stemmed or stripped :

2401 10 10

--- Flue cured virginia tobacco

kg.

64%

2401 10 20

--- Sun cured country (natu) tobacco

kg.

64%

2401 10 30

--- Sun cured virginia tobacco

kg.

64%

2401 10 40

--- Burley tobacco

kg.

64%

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(1)

(2)

(3)

(4)

2401 10 50

--- Tobacco for manufacture of biris, not stemmed

kg.

64%

2401 10 60

--- Tobacco for manufacture of chewing tobacco

kg.

64%

2401 10 70

--- Tobacco for manufacture of cigar and cheroot

kg.

64%

2401 10 80

--- Tobacco for manufacture of hookah tobacco

kg.

64%

2401 10 90

--- Other

kg.

64%

2401 20

- Tobacco, partly or wholly stemmed or stripped :

2401 20 10

--- Flue cured virginia tobacco

kg.

64%

2401 20 20

--- Sun cured country (natu) tobacco

kg.

64%

2401 20 30

--- Sun cured virginia tobacco

kg.

64%

2401 20 40

--- Burley tobacco

kg.

64%

2401 20 50

--- Tobacco for manufacture of biris

kg.

64%

2401 20 60

--- Tobacco for manufacture of chewing tobacco

kg.

64%

2401 20 70

--- Tobacco for manufacture of cigar and cheroot

kg.

64%

2401 20 80

--- Tobacco for manufacture of hookah tobacco

kg.

64%

2401 20 90

--- Other

kg.

64%

2401 30 00

- Tobacco refuse

kg.

50%

2402

Cigars, cheroots, cigarillos and cigarettes, of

tobacco or of tobacco substitutes

2402 10

- Cigars, cheroots and cigarillos, containing tobacco:

2402 10 10

--- Cigar and cheroots

12.5% or

Rs. 4006 per

thousand,

whichever is

higher

2402 10 20

--- Cigarillos

12.5% or

Rs. 4006 per

thousand,

whichever is

higher

2402 20

- Cigarettes, containing tobacco:

2402 20 10

---

Other than filter cigarettes, of length not exceeding

65 millimetres

Rs. 1280 per

thousand

2402 20 20

---

Other than filter cigarettes, of length exceeding

65 millimetres but not exceeding 70 millimetres

Rs. 2335 per

thousand

2402 20 30

---

Filter cigarettes of length (including the length

of the filter, the length of filter being 11 millimetres

or its actual length, whichever is more) not

exceeding 65 millimetres

Rs. 1280 per

thousand

2402 20 40

---

Filter cigarettes of length (including the length

of the filter, the length of filter being 11 millimetres

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or its actual length, whichever is more)

exceeding 65 millimetres but not exceeding

70 millimetres

Rs. 1740 per

thousand

2402 20 50

---

Filter cigarettes of length (including the length

of the filter, the length of filter being 11 millimetres

or its actual length, whichever is more) exceeding

70 millimetres but not exceeding 75 millimetres

Rs. 2335 per

thousand

2402 20 90

--- Other

Rs. 3375 per

thousand

2402 90

- Other:

2402 90 10

--- Cigarettes of tobacco substitutes

Rs. 3375 per

thousand

2402 90 20

--- Cigarillos of tobacco substitutes

12.5 % or Rs.

4006 per

thousand

whichever is

higher

2402 90 90

--- Other

12.5% or Rs.

4006 per

thousand

whichever is

higher

2403

Other manufactured tobacco and manufactured

tobacco substitutes;"Homogenised" or

"Reconstituted" tobacco; Tobacco extracts and

essences

Smoking tobacco, whether or not containing

tobacco substitute in any proportion;

2403 11

-- Water pipe tobacco specified in Sub-heading

Note to this Chapter:

2403 11 10

--- Hukkah or gudaku tobacco

kg.

60%

2403 11 90

--- Other

kg.

60%

2403 19

-- Other

2403 19 10

--- Smoking mixtures for pipes and cigarettes

kg.

360%

--- Biris:

2403 19 21

---- Other than paper rolled biris, manufactured

Rs. 12 per

without the aid of machine

thousand

2403 19 29

---- Other

Rs. 80 per

thousand

2403 19 90

--- Other

kg.

40%

- Other:

2403 91 00

-- “Homogenised” or “reconstituted” tobacco

kg.

60%

2403 99

-- Other:

2403 99 10

--- Chewing tobacco

kg.

81%

2403 99 20

--- Preparations containing chewing tobacco

kg.

60%

(1)

(2)

(3)

(4)

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2403 99 30

--- Jarda scented tobacco

kg.

81%

2403 99 40

--- Snuff

kg.

60%

2403 99 50

--- Preparations containing snuff

kg.

60%

2403 99 60

--- Tobacco extracts and essence

kg.

60%

2403 99 70

--- Cut-tobacco

kg.

Rs. 70 per kg.

2403 99 90

--- Other

kg.

81%

SECTION V

MINERAL PRODUCTS

CHAPTER 27

MINERAL FUELS, MINERAL OILS AND PRODUCTS OF THEIR DISTILLATION;

BITUMINOUS SUBSTANCES; MINERAL WAXES

NOTES

1. References in heading 2710 to "petroleum oils and oils obtained from bituminous

minerals" include not only petroleum oils and oils obtained from bituminous minerals, but

also similar oils, as well as those consisting mainly of mixed unsaturated hydrocarbons,

obtained by any process, provided that the weight of the non-aromatic constituents exceeds

that of the aromatic constituents.

However, the references do not include liquid synthetic polyolefins of which less than

60% by volume distils at 300ºC, after conversion to 1,013 millibars when a reduced-pressure

distillation method is used.

2. In relation to lubricating oils and lubricating preparations of heading 2710, labelling

or relabelling of containers or repacking from bulk packs to retail packs or the adoption of

any other treatment to render the product marketable to the consumer, shall amount to

''manufacture''.

3. In relation to natural gas falling under heading 2711, the process of compression of

natural gas (even if it does not involve liquefaction), for the purpose of marketing it as

Compressed Natural Gas (CNG), for use as a fuel or for any other purpose, shall amount to

"manufacture".

SUB-HEADING NOTE

For the purposes of sub-heading 2710 12, "light oils and preparations" are those of

which 90% or more by volume (including losses) distil at 210ºC (ASTM D 86 method).

SUPPLEMENTARY NOTES

In this Chapter, the following expressions have the meanings hereby assigned to

them:—

(1) "motor spirit" means any hydrocarbon oil (excluding crude mineral oil) which

has its flash point below 25ºC and which either by itself or in admixture with any other

substance, is suitable for use as fuel in spark ignition engines. "Special boiling point

spirits (tariff items 2710 12 11, 2710 12 12 and 2710 12 13 )" means light oils, as defined

in sub-heading Note 4, not containing any anti-knock preparations, and with a difference

of not more than 60ºC between the temperatures at which 5% and 90% by volume

(including losses) distil;

(2) ''natural gasoline liquid (NGL)'' is a low-boiling liquid petroleum product

extracted from Natural Gas;

(1)

(2)

(3)

(4)

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(3) "aviation turbine fuel (ATF)" means any hydrocarbon oil conforming to the

Indian Standards Specification of Bureau of Indian Standards IS : 1571:1992:2000;

(4) "high speed diesel (HSD)" means any hydrocarbon oil conforming to the

Indian Standards Specification of Bureau of Indian Standards IS: 1460:2000;

(5) for the purposes of these additional notes, the tests prescribed have the

meaning hereby assigned to them:—

(a) "Flash Point" shall be determined in accordance with the test prescribed

in this behalf in the rules made under the Petroleum Act, 1934;

(b) "Smoke Point" shall be determined in the apparatus known as the

Smoke Point Lamp in the manner indicated in the Indian Standards Institution

Specification IS: 1448 (p. 31)-1967 for the time being in force;

Indian Standards Institution Specification IS: 1448 (p.18)-1967 for the time being

in force;

(d) "Carbon Residue" shall be determined in the apparatus known as

Ramsbottom Carbon Residue Apparatus in the manner indicated in the Indian

Standards Institution Specification IS: 1448 (p. 8)-1967 for the time being in force;

(e) "Colour Comparison Test" shall be done in the following manner,

namely:—

(i) first prepare a five per cent. weight by volume solution of

Potassium Iodine (analytical reagent quality) in distilled water;

(ii) to this, add Iodine (analytical reagent quality) in requisite amount

to prepare an exactly 0.04 normal Iodine solution;

(iii) thereafter, compare the colour of the mineral oil under test with

the Iodine solution so prepared.

Tariff item

Description of goods

Unit

Rate of Duty

(1)

(2)

(3)

(4)

2709

Petroleum oils and oils obtained from bituminous

Kg.

…..

minerals, crude.

2709 10 00

Petroleum oils and oils obtained from bituminous

Kg.

…..

minerals

2709 20 00

- Petroleum crude

Nil

2710

Petroleum oils and oils obtained from bituminous

minerals, other than crude; preparations not

elsewhere specified or included, containing by

weight 70% or more of petroleum oils or of oils

obtained from bituminous minerals, these oils

being the basic constituents of the preparations;

waste oils

- Petroleum oils and oils obtained from bituminous

minerals (other than crude) and preparations not

elsewhere specified or included, containing by

weight 70% or more of petroleum oils or of oils

obtained from bituminous minerals, these oils

being the basic constituents of the preparations,

other than those containing biodiesel and other

than waste oil

30 of 1934.

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2710 12

-- Light oils and preparations:

--- Motor spirit (Commonly known as petrol):

2710 12 11

---- Special boiling point spirits (other than benzene,

Kg.

14%+Rs.

toluol) with nominal boiling point range 55-115 °C

15.00 per litre

2710 12 12

---- Special boiling point spirits (other than benzene,

Kg.

14%+Rs.

toluene and toluol) with nominal boiling point

15.00 per litre

range 63-70 °C

2710 12 13

---- Other Special boiling points spirits (other than

Kg.

14%+Rs.

benzene, benzol, toluene and toluol)

15.00 per litre

2710 12 19

---- Other

Kg.

14%+Rs.

15.00 per litre

2710 12 20

--- Natural gasoline Liquid

Kg.

14%+Rs.

15.00 per litre

2710 12 90

--- Other

Kg.

14%+Rs.

15.00 per litre

2710 19

-- Other:

2710 19 10

--- Superior Kerosene oil (SKO)

Kg.

…..

2710 19 20

--- Aviation turbine Fuel (ATF)

Kg.

14%

2710 19 30

--- High speed diesel (HSD)

Kg.

14%+Rs.

15.00 per litre

2710 19 40

--- Light Diesel oil (LDO)

Kg.

…..

2710 19 50

--- Fuel oil

Kg.

…..

2710 19 60

--- Base oil

Kg.

…..

2710 19 70

--- Jute batching oil and textile oil

Kg.

…..

2710 19 80

--- Lubricating oil

Kg.

…..

2710 19 90

--- Other

Kg.

…..

- Waste oil:

…..

2710 20 00

Petroleum oils and oils obtained from bituminous

Kg.

…..

minerals (other than crude) and preparations not

elsewhere specified or included, containing by

weight 70% or more of petroleum oils or of oil

obtained from bituminous minerals, these oils being

the basic constituents of the preparations,

containing biodiesel, other than waste oils

2710 91 00

Containing Polychlorinated biphenyls (PCBs),

Kg.

…..

polychlorinated terphenyls (PCTs) or

polybrominated biphenyls (PBBs)

2710 99 00

-- Other

Kg.

…..

2711

Petroleum gases and other gaseous hydrocarbons

- Liquefied:

2711 11 00

-- Natural gas

Kg.

14%

(1)

(2)

(3)

(4)

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2711 12 00

Propane

Kg.

…..

2711 13 00

Butane

Kg.

…..

2711 14 00

Ethylene, propylene, butylene and butadiene

Kg.

…..

2711 19 00

Other

Kg.

…..

In gaseous state:

2711 21 00

Natural gas

Kg.

14%

2711 29 00

Other

Kg.

…..

(1)

(2)

(3)

(4)

THE THIRD SCHEDULE

(See section 15)

Year

No.

Short title of enactments

Extent of repeal

(1)

(2)

(3)

(4)

1947

The Rubber Act, 1947

Clause (b) of sub-section (1)

of section 9 and section 12

1951

The Industries (Development and

Section 9

Regulation) Act, 1951

1953

The Tea Act, 1953

Clause (c) of section 3,

sections 25 and 26 and clause

(a) of sub-section (1) of

section 27

1974

The Coal Mines (Conservation and

Sections 6, 7 and 8

Development) Act, 1974

1976

The Beedi Workers Welfare Cess

The Whole

Act, 1976

1977

The Water (Prevention and Control of

The Whole

Pollution) Cess Act, 1977

1982

The Sugar Cess Act, 1982

The Whole

1982

The Sugar Development Fund Act, 1982

Sub-section (2) of section 3

1983

The Jute Manufacturers Cess Act, 1983

The Whole

2004

The Finance (No. 2) Act, 2004

Section 93

2007

The Finance Act, 2007

Section 138

2010

The Finance Act, 2010

Chapter VII

2015

The Finance Act, 2015

Chapter VI

2016

The Finance Act, 2016

Chapters VI and VII

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

P.R. 57

SC - 20

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ºÉZï. gÁeïPÀÄªÀiÁgï

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THE MENTAL HEALTHCARE ACT, 2017

NO. 10 OF 2017

An Act to provide for mental healthcare and services for persons with mental

illness and to protect, promote and fulfil the rights of such persons during

delivery of mental healthcare and services and for matters connected therewith

or incidental thereto.

WHEREAS the Convention on Rights of Persons with Disabilities and its Optional

Protocol was adopted on the 13th December, 2006 at United Nations Headquarters in

New York and came into force on the 3rd May, 2008;

AND WHEREAS India has signed and ratified the said Convention on the 1st day of

October, 2007;

AND WHEREAS it is necessary to align and harmonise the existing laws with the said

Convention.

BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Mental Healthcare Act, 2017.

(2) It shall extend to the whole of India.

Short title,

extent and

commence-

ment.

[7th April, 2017.]

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 7th April, 2017/Chaitra 17, 1939 (Saka)

The following Act of Parliament received the assent of the President on the

7th April, 2017, and is hereby published for general information:—

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C¢ü¸ÀÆZÀ£É

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The Mental Healthcare Act, 2017 (No. 10 of 2017) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

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(3) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint; or on the date of completion of the period of nine months

from the date on which the Mental Healthcare Act, 2017 receives the assent of the President.

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

(a) “advance directive” means an advance directive made by a person under

section 5;

(b) “appropriate Government” means,––

(i) in relation to a mental health establishment established, owned or

controlled by the Central Government or the Administrator of a Union territory

having no legislature, the Central Government;

(ii) in relation to a mental health establishment, other than an

establishment referred to in sub-clause (i), established, owned or controlled

within the territory of—

(A) a State, the State Government;

(B) a Union territory having legislature, the Government of that

Union territory;

Health Authority, as the case may be;

(d) “Board” means the Mental Health Review Board constituted by the State

Authority under sub-section (1) of section 80 in such manner as may be prescribed;

(e) “care-giver” means a person who resides with a person with mental illness

and is responsible for providing care to that person and includes a relative or any other

person who performs this function, either free or with remuneration;

(f) “Central Authority” means the Central Mental Health Authority constituted

under section 33;

(g) “clinical psychologist” means a person––

(i) having a recognised qualification in Clinical Psychology from an

institution approved and recognised, by the Rehabilitation Council of India,

constituted under section 3 of the Rehabilitation Council of India Act, 1992; or

(ii) having a Post-Graduate degree in Psychology or Clinical Psychology

or Applied Psychology and a Master of Philosophy in Clinical Psychology or

Medical and Social Psychology obtained after completion of a full time course of

two years which includes supervised clinical training from any University

recognised by the University Grants Commission established under the

University Grants Commission Act, 1956 and approved and recognised by the

Rehabilitation Council of India Act, 1992 or such recognised qualifications as

may be prescribed;

(h) “family” means a group of persons related by blood, adoption or marriage;

(i) “informed consent” means consent given for a specific intervention, without

any force, undue influence, fraud, threat, mistake or misrepresentation, and obtained

after disclosing to a person adequate information including risks and benefits of, and

alternatives to, the specific intervention in a language and manner understood by the

person;

(j) “least restrictive alternative” or “least restrictive environment” or “less

Definitions.

3 of 1956.

34 of 1992.

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¨sÁUÀ 4

restrictive option” means offering an option for treatment or a setting for treatment

which––

(i) meets the person’s treatment needs; and

(ii) imposes the least restriction on the person’s rights;

(k) “local authority” means a Municipal Corporation or Municipal Council, or

Zilla Parishad, or Nagar Panchayat, or Panchayat, by whatever name called, and includes

such other authority or body having administrative control over the mental health

establishment or empowered under any law for the time being in force, to function as

a local authority in any city or town or village;

(l) “Magistrate” means––

(i) in relation to a metropolitan area within the meaning of clause (k) of

section 2 of the Code of Criminal Procedure, 1973, a Metropolitan Magistrate;

(ii) in relation to any other area, the Chief Judicial Magistrate, Sub-

divisional Judicial Magistrate or such other Judicial Magistrate of the first class

as the State Government may, by notification, empower to perform the functions

of a Magistrate under this Act;

(m) “medical officer in charge” in relation to any mental health establishment

means the psychiatrist or medical practitioner who, for the time being, is in charge of

that mental health establishment;

(n) “medical practitioner” means a person who possesses a recognised medical

qualification––

(i) as defined in clause (h) of section 2 of the Indian Medical Council Act,

1956, and whose name has been entered in the State Medical Register, as defined

in clause (k) of that section; or

(ii) as defined in clause (h) of sub-section (1) of section 2 of the Indian

Medicine Central Council Act, 1970, and whose name has been entered in a State

section; or

(iii) as defined in clause (g) of sub-section (1) of section 2 of the

Homoeopathy Central Council Act, 1973, and whose name has been entered in a

State Register of Homoeopathy, as defined in clause (i) of sub-section (1) of that

section;

(o) "Mental healthcare" includes analysis and diagnosis of a person's mental

condition and treatment as well as care and rehabilitation of such person for his mental

illness or suspected mental illness;

(p) “mental health establishment” means any health establishment, including

Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy establishment,

by whatever name called, either wholly or partly, meant for the care of persons with

mental illness, established, owned, controlled or maintained by the appropriate

Government, local authority, trust, whether private or public, corporation, co-operative

society, organisation or any other entity or person, where persons with mental illness

are admitted and reside at, or kept in, for care, treatment, convalescence and

rehabilitation, either temporarily or otherwise; and includes any general hospital or

general nursing home established or maintained by the appropriate Government, local

authority, trust, whether private or public, corporation, co-operative society, organisation

or any other entity or person; but does not include a family residential place where a

person with mental illness resides with his relatives or friends;

2 of 1974.

102 of 1956.

48 of 1970.

59 of 1973.

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(q) “mental health nurse” means a person with a diploma or degree in general

nursing or diploma or degree in psychiatric nursing recognised by the Nursing Council

of India established under the Nursing Council of India Act, 1947 and registered as

such with the relevant nursing council in the State;

(r) “mental health professional” means—

(i) a psychiatrist as defined in clause (x); or

(ii) a professional registered with the concerned State Authority under

section 55; or

(iii) a professional having a post-graduate degree (Ayurveda) in Mano

Vigyan Avum Manas Roga or a post-graduate degree (Homoeopathy) in Psychiatry

or a post-graduate degree (Unani) in Moalijat (Nafasiyatt) or a post-graduate

degree (Siddha) in Sirappu Maruthuvam;

(s) “mental illness” means a substantial disorder of thinking, mood, perception,

orientation or memory that grossly impairs judgment, behaviour, capacity to recognise

reality or ability to meet the ordinary demands of life, mental conditions associated

with the abuse of alcohol and drugs, but does not include mental retardation which is

a condition of arrested or incomplete development of mind of a person, specially

characterised by subnormality of intelligence;

(t) “minor” means a person who has not completed the age of eighteen years;

(u) “notification” means a notification published in the Official Gazette and the

expression “notify” shall be construed accordingly;

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

(w) “prisoner with mental illness” means a person with mental illness who is an

under-trial or convicted of an offence and detained in a jail or prison;

(x) "psychiatric social worker" means a person having a post-graduate degree in

Social Work and a Master of Philosophy in Psychiatric Social Work obtained after

completion of a full time course of two years which includes supervised clinical training

from any University recognised by the University Grants Commission established

under the University Grants Commission Act, 1956 or such recognised qualifications,

as may be prescribed;

(y) “psychiatrist” means a medical practitioner possessing a post-graduate

degree or diploma in psychiatry awarded by an university recognised by the University

Grants Commission established under the University Grants Commission Act, 1956, or

awarded or recognised by the National Board of Examinations and included in the First

Schedule to the Indian Medical Council Act, 1956, or recognised by the Medical

Council of India, constituted under the Indian Medical Council Act, 1956, and includes,

in relation to any State, any medical officer who having regard to his knowledge and

experience in psychiatry, has been declared by the Government of that State to be a

psychiatrist for the purposes of this Act;

(z) “regulations” means regulations made under this Act;

(za) “relative” means any person related to the person with mental illness by

blood, marriage or adoption;

(zb) “State Authority” means the State Mental Health Authority established

under section 45.

(2) The words and expressions used and not defined in this Act but defined in the

Indian Medical Council Act, 1956 or the Indian Medicine Central Council Act, 1970 and not

inconsistent with this Act shall have the meanings respectively assigned to them in those

Acts.

38 of 1947.

3 of 1956.

102 of 1956.

48 of 1970.

3 of 1956.

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CHAPTER II

MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DECISIONS

3. (1) Mental illness shall be determined in accordance with such nationally or

internationally accepted medical standards (including the latest edition of the International

Classification of Disease of the World Health Organisation) as may be notified by the Central

Government.

(2) No person or authority shall classify a person as a person with mental illness,

except for purposes directly relating to the treatment of the mental illness or in other matters

as covered under this Act or any other law for the time being in force.

(3) Mental illness of a person shall not be determined on the basis of,––

(a) political, economic or social status or membership of a cultural, racial or

religious group, or for any other reason not directly relevant to mental health status of

the person;

(b) non-conformity with moral, social, cultural, work or political values or religious

beliefs prevailing in a person’s community.

(4) Past treatment or hospitalisation in a mental health establishment though relevant,

shall not by itself justify any present or future determination of the person’s mental illness.

(5) The determination of a person’s mental illness shall alone not imply or be taken to

mean that the person is of unsound mind unless he has been declared as such by a competent

court.

4. (1) Every person, including a person with mental illness shall be deemed to have

capacity to make decisions regarding his mental healthcare or treatment if such person has

ability to—

(a) understand the information that is relevant to take a decision on the treatment

or admission or personal assistance; or

(b) appreciate any reasonably foreseeable consequence of a decision or lack of

decision on the treatment or admission or personal assistance; or

expression, gesture or any other means.

(2) The information referred to in sub-section (1) shall be given to a person using

simple language, which such person understands or in sign language or visual aids or any

other means to enable him to understand the information.

(3) Where a person makes a decision regarding his mental healthcare or treatment

which is perceived by others as inappropriate or wrong, that by itself, shall not mean that the

person does not have the capacity to make mental healthcare or treatment decision, so long

as the person has the capacity to make mental healthcare or treatment decision under

sub-section (1).

CHAPTER III

ADVANCE DIRECTIVE

5. (1) Every person, who is not a minor, shall have a right to make an advance directive

in writing, specifying any or all of the following, namely:––

(a) the way the person wishes to be cared for and treated for a mental illness;

(b) the way the person wishes not to be cared for and treated for a mental illness;

Capacity to

make mental

healthcare

and treatment

decisions.

Advance

directive.

Determination

of mental

illness.

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his nominated representative as provided under section 14.

(2) An advance directive under sub-section (1) may be made by a person irrespective

of his past mental illness or treatment for the same.

(3) An advance directive made under sub-section (1), shall be invoked only when such

person ceases to have capacity to make mental healthcare or treatment decisions and shall

remain effective until such person regains capacity to make mental healthcare or treatment

decisions.

(4) Any decision made by a person while he has the capacity to make mental healthcare

and treatment decisions shall over-ride any previously written advance directive by such

person.

(5) Any advance directive made contrary to any law for the time being in force shall be

ab initio void.

6. An advance directive shall be made in the manner as may be specified by the

regulations made by the Central Authority.

7. Subject to the provisions contained in clause (a) of sub-section (1) of section 91,

every Board shall maintain an online register of all advance directives registered with it

and make them available to the concerned mental health professionals as and when

required.

8. (1) An advance directive made under section 6 may be revoked, amended or cancelled

by the person who made it at any time.

(2) The procedure for revoking, amending or cancelling an advance directive shall be

the same as for making an advance directive under section 6.

9. The advance directive shall not apply to the emergency treatment given under

section 103 to a person who made the advance directive.

10. It shall be the duty of every medical officer in charge of a mental health establishment

and the psychiatrist in charge of a person’s treatment to propose or give treatment to a

person with mental illness, in accordance with his valid advance directive, subject to

section 11.

11. (1) Where a mental health professional or a relative or a care-giver of a person

desires not to follow an advance directive while treating a person with mental illness, such

mental health professional or the relative or the care-giver of the person shall make an

application to the concerned Board to review, alter, modify or cancel the advance directive.

(2) Upon receipt of the application under sub-section (1), the Board shall, after giving

an opportunity of hearing to all concerned parties (including the person whose advance

directive is in question), either uphold, modify, alter or cancel the advance directive after

taking into consideration the following, namely:––

(a) whether the advance directive was made by the person out of his own free

will and free from force, undue influence or coercion; or

(b) whether the person intended the advance directive to apply to the present

circumstances, which may be different from those anticipated; or

(d) whether the person had capacity to make decisions relating to his mental

healthcare or treatment when such advanced directive was made; or

Manner of

making

advance

directive.

Maintenance

of online

Revocation,

amendment

or cancella-

tion of

advance

directive.

Advance

directive not

to apply to

emergency

treatment.

Duty to

advance

directive.

Power to

review, alter,

modify or

cancel

advance

directive.

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(e) whether the content of the advance directive is contrary to other laws or

constitutional provisions.

(3) The person writing the advance directive and his nominated representative shall

have a duty to ensure that the medical officer in charge of a mental health establishment or a

medical practitioner or a mental health professional, as the case may be, has access to the

advance directive when required.

(4) The legal guardian shall have right to make an advance directive in writing in

respect of a minor and all the provisions relating to advance directive, mutatis mutandis,

shall apply to such minor till such time he attains majority.

12. (1) The Central Authority shall regularly and periodically review the use of advance

directives and make recommendations in respect thereof.

(2) The Central Authority in its review under sub-section (1) shall give specific

consideration to the procedure for making an advance directive and also examine whether

the existing procedure protects the rights of persons with mental illness.

(3) The Central Authority may modify the procedure for making an advance directive

or make additional regulations regarding the procedure for advance directive to protect the

rights of persons with mental illness.

13. (1) A medical practitioner or a mental health professional shall not be held liable for

any unforeseen consequences on following a valid advance directive.

(2) The medical practitioner or mental health professional shall not be held liable for

not following a valid advance directive, if he has not been given a copy of the valid advance

directive.

CHAPTER IV

NOMINATED REPRESENTATIVE

14. (1) Notwithstanding anything contained in clause (c) of sub-section (1) of section 5,

every person who is not a minor, shall have a right to appoint a nominated representative.

(2) The nomination under sub-section (1) shall be made in writing on plain paper with the

person’s signature or thumb impression of the person referred to in that sub-section.

(3) The person appointed as the nominated representative shall not be a minor, be

competent to discharge the duties or perform the functions assigned to him under this Act,

and give his consent in writing to the mental health professional to discharge his duties and

perform the functions assigned to him under this Act.

(4) Where no nominated representative is appointed by a person under sub-section (1),

the following persons for the purposes of this Act in the order of precedence shall be deemed

to be the nominated representative of a person with mental illness, namely:––

(a) the individual appointed as the nominated representative in the advance

directive under clause (c) of sub-section (1) of section 5; or

(b) a relative, or if not available or not willing to be the nominated representative

of such person; or

(d) a suitable person appointed as such by the concerned Board; or

(e) if no such person is available to be appointed as a nominated representative,

the Board shall appoint the Director, Department of Social Welfare, or his designated

representative, as the nominated representative of the person with mental illness:

Review of

advance

directives.

Liability of

medical

health

professional

in relation to

advance

directive.

Appoint-

ment and

revocation

of nominated

representa-

tive.

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Provided that a person representing an organisation registered under the Societies

Registration Act, 1860 or any other law for the time being in force, working for persons with

mental illness, may temporarily be engaged by the mental health professional to discharge

the duties of a nominated representative pending appointment of a nominated representative

by the concerned Board.

(5) The representative of the organisation, referred to in the proviso to sub-section (4),

may make a written application to the medical officer in-charge of the mental health

establishment or the psychiatrist in-charge of the person’s treatment, and such medical

officer or psychiatrist, as the case may be, shall accept him as the temporary nominated

representative, pending appointment of a nominated representative by the concerned

Board.

(6) A person who has appointed any person as his nominated representative under

this section may revoke or alter such appointment at any time in accordance with the

procedure laid down for making an appointment of nominated representative under

sub-section (1).

(7) The Board may, if it is of the opinion that it is in the interest of the person with

mental illness to do so, revoke an appointment made by it under this section, and appoint a

different representative under this section.

(8) The appointment of a nominated representative, or the inability of a person with

mental illness to appoint a nominated representative, shall not be construed as the lack of

capacity of the person to take decisions about his mental healthcare or treatment.

(9) All persons with mental illness shall have capacity to make mental healthcare or

treatment decisions but may require varying levels of support from their nominated

representative to make decisions.

15. (1) Notwithstanding anything contained in section 14, in case of minors, the legal

guardian shall be their nominated representative, unless the concerned Board orders

otherwise under sub-section (2).

(2) Where on an application made to the concerned Board, by a mental health

professional or any other person acting in the best interest of the minor, and on evidence

presented before it, the concerned Board is of the opinion that,––

(a) the legal guardian is not acting in the best interests of the minor; or

(b) the legal guardian is otherwise not fit to act as the nominated representative

of the minor,

it may appoint, any suitable individual who is willing to act as such, the nominated

representative of the minor with mental illness:

Provided that in case no individual is available for appointment as a nominated

representative, the Board shall appoint the Director in the Department of Social Welfare of

the State in which such Board is located, or his nominee, as the nominated representative of

the minor with mental illness.

16. The Board, on an application made to it by the person with mental illness, or by a

relative of such person, or by the psychiatrist responsible for the care of such person, or by

the medical officer in-charge of the mental health establishment where the individual is

admitted or proposed to be admitted, may revoke, alter or modify the order made under

clause (e) of sub-section (4) of section 14 or under sub-section (2) of section 15.

17. While fulfilling his duties under this Act, the nominated representative shall––

(a) consider the current and past wishes, the life history, values, cultural

background and the best interests of the person with mental illness;

21 of 1860.

Nominated

representative

of minor.

Revocation,

alteration, etc.,

of nominated

representative

by Board.

Duties of

nominated

representative.

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(b) give particular credence to the views of the person with mental illness to the

extent that the person understands the nature of the decisions under consideration;

under section 89 or section 90;

(d) have right to seek information on diagnosis and treatment to provide adequate

support to the person with mental illness;

(e) have access to the family or home based rehabilitation services as provided

under clause (c) of sub-section (4) of section 18 on behalf of and for the benefit of the

person with mental illness;

(f) be involved in discharge planning under section 98;

(g) apply to the mental health establishment for admission under section 87

or section 89 or section 90;

(h) apply to the concerned Board on behalf of the person with mental illness for

discharge under section 87 or section 89 or section 90;

(i) apply to the concerned Board against violation of rights of the person with

mental illness in a mental health establishment;

(j) appoint a suitable attendant under sub-section (5) or sub-section (6) of

section 87;

(k) have the right to give or withhold consent for research under circumstances

mentioned under sub-section (3) of section 99.

CHAPTER V

RIGHTS OF PERSONS WITH MENTAL ILLNESS

18. (1) Every person shall have a right to access mental healthcare and treatment from

mental health services run or funded by the appropriate Government.

(2) The right to access mental healthcare and treatment shall mean mental health

services of affordable cost, of good quality, available in sufficient quantity, accessible

geographically, without discrimination on the basis of gender, sex, sexual orientation, religion,

culture, caste, social or political beliefs, class, disability or any other basis and provided in a

manner that is acceptable to persons with mental illness and their families and care-givers.

(3) The appropriate Government shall make sufficient provision as may be necessary,

for a range of services required by persons with mental illness.

(4) Without prejudice to the generality of range of services under sub-section (3),

such services shall include––

(a) provision of acute mental healthcare services such as outpatient and inpatient

services;

(b) provision of half-way homes, sheltered accommodation, supported

accommodation as may be prescribed;

illness or home based rehabilitation;

(d) hospital and community based rehabilitation establishments and services as

may be prescribed;

(e) provision for child mental health services and old age mental health services.

(5) The appropriate Government shall,—

(a) integrate mental health services into general healthcare services at all levels

Right to

access mental-

health care.

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of healthcare including primary, secondary and tertiary healthcare and in all health

programmes run by the appropriate Government;

(b) provide treatment in a manner, which supports persons with mental illness to

live in the community and with their families;

of mental illness shall be used only in exceptional circumstances, for as short a duration

as possible, and only as a last resort when appropriate community based treatment has

been tried and shown to have failed;

(d) ensure that no person with mental illness (including children and older

persons) shall be required to travel long distances to access mental health services

and such services shall be available close to a place where a person with mental illness

resides;

(e) ensure that as a minimum, mental health services run or funded by Government

shall be available in each district;

(f) ensure, if minimum mental health services specified under sub-clause (e) of

sub-section (4) are not available in the district where a person with mental illness

resides, that the person with mental illness is entitled to access any other mental health

service in the district and the costs of treatment at such establishments in that district

will be borne by the appropriate Government:

Provided that till such time the services under this sub-section are made available in a

health establishment run or funded by the appropriate Government, the appropriate

Government shall make rules regarding reimbursement of costs of treatment at such mental

health establishment.

(6) The appropriate Government shall make available a range of appropriate mental

health services specified under sub-section (4) of section 18 at all general hospitals run or

funded by such Government and basic and emergency mental healthcare services shall be

available at all community health centres and upwards in the public health system run or

funded by such Government.

(7) Persons with mental illness living below the poverty line whether or not in

possession of a below poverty line card, or who are destitute or homeless shall be entitled to

mental health treatment and services free of any charge and at no financial cost at all mental

health establishments run or funded by the appropriate Government and at other mental

health establishments designated by it.

(8) The appropriate Government shall ensure that the mental health services shall be of

equal quality to other general health services and no discrimination be made in quality of

services provided to persons with mental illness.

(9) The minimum quality standards of mental health services shall be as specified by

regulations made by the State Authority.

(10) Without prejudice to the generality of range of services under sub-section (3) of

section 18, the appropriate Government shall notify Essential Drug List and all medicines on

the Essential Drug List shall be made available free of cost to all persons with mental illness

at all times at health establishments run or funded by the appropriate Government starting

from Community Health Centres and upwards in the public health system:

Provided that where the health professional of ayurveda, yoga, unani, siddha,

homoeopathy or naturopathy systems recognised by the Central Government are available

in any health establishment, the essential medicines from any similar list relating to the

appropriate ayurvada, yoga, unani, siddha, homoeopathy or naturopathy systems shall also

be made available free of cost to all persons with mental illness.

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(11) The appropriate Government shall take measures to ensure that necessary

budgetary provisions in terms of adequacy, priority, progress and equity are made for

effective implementation of the provisions of this section.

Explanation.—For the purposes of sub-section (11), the expressions––

(i) “adequacy” means in terms of how much is enough to offset inflation;

(ii) “priority” means in terms of compared to other budget heads;

(iii) “equity” means in terms of fair allocation of resources taking into account

the health, social and economic burden of mental illness on individuals, their families

and care-givers;

(iv) “progress” means in terms of indicating an improvement in the State’s

response.

19. (1) Every person with mental illness shall,––

(a) have a right to live in, be part of and not be segregated from society; and

(b) not continue to remain in a mental health establishment merely because he

does not have a family or is not accepted by his family or is homeless or due to absence

of community based facilities.

(2) Where it is not possible for a mentally ill person to live with his family or relatives,

or where a mentally ill person has been abandoned by his family or relatives, the appropriate

Government shall provide support as appropriate including legal aid and to facilitate exercising

his right to family home and living in the family home.

(3) The appropriate Government shall, within a reasonable period, provide for or support

the establishment of less restrictive community based establishments including half-way

homes, group homes and the like for persons who no longer require treatment in more

restrictive mental health establishments such as long stay mental hospitals.

20. (1) Every person with mental illness shall have a right to live with dignity.

(2) Every person with mental illness shall be protected from cruel, inhuman or degrading

treatment in any mental health establishment and shall have the following rights, namely:—

(a) to live in safe and hygienic environment;

(b) to have adequate sanitary conditions;

practices;

(d) to privacy;

(e) for proper clothing so as to protect such person from exposure of his body to

maintain his dignity;

(f) to not be forced to undertake work in a mental health establishment and to

receive appropriate remuneration for work when undertaken;

(g) to have adequate provision for preparing for living in the community;

(h) to have adequate provision for wholesome food, sanitation, space and access

to articles of personal hygiene, in particular, women’s personal hygiene be adequately

addressed by providing access to items that may be required during menstruation;

(i) to not be subject to compulsory tonsuring (shaving of head hair);

(j) to wear own personal clothes if so wished and to not be forced to wear

uniforms provided by the establishment; and

Right to com-

munity living.

Right to

protection

from cruel,

inhuman and

degrading

treatment.

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(k) to be protected from all forms of physical, verbal, emotional and sexual

abuse.

21. (1) Every person with mental illness shall be treated as equal to persons with

physical illness in the provision of all healthcare which shall include the following, namely:–

(a) there shall be no discrimination on any basis including gender, sex, sexual

orientation, religion, culture, caste, social or political beliefs, class or disability;

(b) emergency facilities and emergency services for mental illness shall be of the

same quality and availability as those provided to persons with physical illness;

in the same manner, extent and quality as provided to persons with physical illness;

(d) living conditions in health establishments shall be of the same manner, extent

and quality as provided to persons with physical illness; and

(e) any other health services provided to persons with physical illness shall be

provided in same manner, extent and quality to persons with mental illness.

(2) A child under the age of three years of a woman receiving care, treatment or

rehabilitation at a mental health establishment shall ordinarily not be separated from her

during her stay in such establishment:

Provided that where the treating Psychiatrist, based on his examination of the woman,

and if appropriate, on information provided by others, is of the opinion that there is risk of

harm to the child from the woman due to her mental illness or it is in the interest and safety of

the child, the child shall be temporarily separated from the woman during her stay at the

mental health establishment:

Provided further that the woman shall continue to have access to the child under such

supervision of the staff of the establishment or her family, as may be appropriate, during the

period of separation.

(3) The decision to separate the woman from her child shall be reviewed every fifteen

days during the woman's stay in the mental health establishment and separation shall be

terminated as soon as conditions which required the separation no longer exist:

Provided that any separation permitted as per the assessment of a mental health

professional, if it exceeds thirty days at a stretch, shall be required to be approved by the

respective Authority.

(4) Every insurer shall make provision for medical insurance for treatment of mental

illness on the same basis as is available for treatment of physical illness.

22. (1) A person with mental illness and his nominated representative shall have the

rights to the following information, namely:––

(a) the provision of this Act or any other law for the time being in force under

which he has been admitted, if he is being admitted, and the criteria for admission

under that provision;

(b) of his right to make an application to the concerned Board for a review of the

admission;

which includes information about treatment proposed and the known side effects of

the proposed treatment;

(d) receive the information in a language and form that such person receiving the

information can understand.

Right to

equality and

non- discrimi-

nation.

Right to

information.

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(2) In case complete information cannot be given to the person with mental illness at

the time of the admission or the start of treatment, it shall be the duty of the medical officer or

psychiatrist in-charge of the person’s care to ensure that full information is provided promptly

when the individual is in a position to receive it:

Provided that where the information has not been given to the person with mental

illness at the time of the admission or the start of treatment, the medical officer or psychiatrist

in charge of the person’s care shall give the information to the nominated representative

immediately.

23. (1) A person with mental illness shall have the right to confidentiality in respect of

his mental health, mental healthcare, treatment and physical healthcare.

(2) All health professionals providing care or treatment to a person with mental illness

shall have a duty to keep all such information confidential which has been obtained during

care or treatment with the following exceptions, namely:––

(a) release of information to the nominated representative to enable him to fulfil

his duties under this Act;

(b) release of information to other mental health professionals and other health

professionals to enable them to provide care and treatment to the person with mental

illness;

or violence;

(d) only such information that is necessary to protect against the harm identified

shall be released;

(e) release only such information as is necessary to prevent threat to life;

(f) release of information upon an order by concerned Board or the Central

Authority or High Court or Supreme Court or any other statutory authority competent

to do so; and

(g) release of information in the interests of public safety and security.

24. (1) No photograph or any other information relating to a person with mental illness

undergoing treatment at a mental health establishment shall be released to the media without

the consent of the person with mental illness.

(2) The right to confidentiality of person with mental illness shall also apply to all

information stored in electronic or digital format in real or virtual space.

25. (1) All persons with mental illness shall have the right to access their basic medical

records as may be prescribed.

(2) The mental health professional in charge of such records may withhold specific

information in the medical records if disclosure would result in,––

(a) serious mental harm to the person with mental illness; or

(b) likelihood of harm to other persons.

(3) When any information in the medical records is withheld from the person, the

mental health professional shall inform the person with mental illness of his right to apply to

the concerned Board for an order to release such information.

Right to

confiden-

tiality.

Restriction on

release of

information

in respect of

mental illness.

Right to

access

medical

records.

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26. (1) A person with mental illness admitted to a mental health establishment shall

have the right to refuse or receive visitors and to refuse or receive and make telephone or

mobile phone calls at reasonable times subject to the norms of such mental health

establishment.

(2) A person with mental illness admitted in a mental health establishment may send

and receive mail through electronic mode including through e-mail.

(3) Where a person with mental illness informs the medical officer or mental health

professional in charge of the mental health establishment that he does not want to receive

mail or email from any named person in the community, the medical officer or mental health

professional in charge may restrict such communication by the named person with the

person with mental illness.

(4) Nothing contained in sub-sections (1) to (3) shall apply to visits from, telephone

calls to, and from mail or e-mail to, and from individuals, specified under clauses (a) to (f)

under any circumstances, namely:––

(a) any Judge or officer authorised by a competent court;

(b) members of the concerned Board or the Central Authority or the State Authority;

(d) nominated representative, lawyer or legal representative of the person;

(e) medical practitioner in charge of the person’s treatment;

(f) any other person authorised by the appropriate Government.

27. (1) A person with mental illness shall be entitled to receive free legal services to

exercise any of his rights given under this Act.

(2) It shall be the duty of magistrate, police officer, person in charge of such custodial

institution as may be prescribed or medical officer or mental health professional in charge of

a mental health establishment to inform the person with mental illness that he is entitled to

free legal services under the Legal Services Authorities Act, 1987 or other relevant laws or

under any order of the court if so ordered and provide the contact details of the availability

of services.

28. (1) Any person with mental illness or his nominated representative, shall have the

right to complain regarding deficiencies in provision of care, treatment and services in a

mental health establishment to,—

(a) the medical officer or mental health professional in charge of the establishment

and if not satisfied with the response;

(b) the concerned Board and if not satisfied with the response;

(2) The provisions for making complaint in sub-section (1), is without prejudice to the

rights of the person to seek any judicial remedy for violation of his rights in a mental health

establishment or by any mental health professional either under this Act or any other law for

the time being in force.

CHAPTER VI

DUTIES OF APPROPRIATE GOVERNMENT

29. (1) The appropriate Government shall have a duty to plan, design and implement

programmes for the promotion of mental health and prevention of mental illness in the

country.

Right to

personal

contacts and

communica-

tion.

Right to legal

aid.

39 of 1987.

Right to

make

complaints

about

deficiencies in

provision of

services.

Promotion of

mental health

and preventive

programmes.

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(2) Without prejudice to the generality of the provisions contained in sub-section (1),

the appropriate Government shall, in particular, plan, design and implement public health

programmes to reduce suicides and attempted suicides in the country.

30. The appropriate Government shall take all measures to ensure that,—

(a) the provisions of this Act are given wide publicity through public media,

including television, radio, print and online media at regular intervals;

(b) the programmes to reduce stigma associated with mental illness are planned,

designed, funded and implemented in an effective manner;

of the appropriate Government are given periodic sensitisation and awareness training

on the issues under this Act.

31. (1) The appropriate Government shall take measures to address the human resource

requirements of mental health services in the country by planning, developing and

implementing educational and training programmes in collaboration with institutions of higher

education and training, to increase the human resources available to deliver mental health

interventions and to improve the skills of the available human resources to better address

the needs of persons with mental illness.

(2) The appropriate Government shall, at the minimum, train all medical officers in

public healthcare establishments and all medical officers in the prisons or jails to provide

basic and emergency mental healthcare.

(3) The appropriate Government shall make efforts to meet internationally accepted

guidelines for number of mental health professionals on the basis of population, within ten

years from the commencement of this Act.

32. The appropriate Government shall take all measures to ensure effective co-ordination

between services provided by concerned Ministries and Departments such as those dealing

with health, law, home affairs, human resources, social justice, employment, education, women

and child development, medical education to address issues of mental health care.

CHAPTER VII

CENTRAL MENTAL HEALTH AUTHORITY

33. The Central Government shall, within a period of nine months from the date on

which this Act receives the assent of the President, by notification, establish, for the purposes

of this Act, an Authority to be known as the Central Mental Health Authority.

34. (1) The Central Authority shall consist of the following, namely:––

(a) Secretary or Additional Secretary to the Government of India in the Department

of Health and Family Welfare––chairperson ex officio;

(b) Joint Secretary to the Government of India in the Department of Health and

Family Welfare, in charge of mental health––member ex officio;

Yoga and Naturopathy, Unani, Siddha and Homeopathy— member ex officio;

(d) Director General of Health Services––member ex officio;

Creating

awareness

about mental

health and

illness and

reducing

stigma

associated

with mental

illness.

Appropriate

Government

to take

measures as

regard to

human

resource

development

and training,

etc.

Co-ordination

within

appropriate

Government.

Establishment

Central

Authority.

Composition

of Central

Authority.

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(e) Joint Secretary to the Government of India in the Department of Disability

Affairs of the Ministry of Social Justice and Empowerment–– member ex officio;

(f) Joint Secretary to the Government of India in the Ministry of Women and

Child Development–– member ex officio;

(g) Directors of the Central Institutions for Mental Health––members ex officio;

(h) such other ex officio representatives from the relevant Central Government

Ministries or Departments;

(i) one mental health professional as defined in item (iii) of clause (r) of

sub-section (1) of section 2 having at least fifteen years experience in the field, to be

nominated by the Central Government—member;

(j) one psychiatric social worker having at least fifteen years experience in the

field, to be nominated by the Central Government––member;

(k) one clinical psychologist having at least fifteen years experience in the field,

to be nominated by the Central Government––member;

(l) one mental health nurse having at least fifteen years experience in the field of

mental health, to be nominated by the Central Government––member;

(m) two persons representing persons who have or have had mental illness, to

be nominated by the Central Government––members;

(n) two persons representing care-givers of persons with mental illness or

organisations representing care-givers, to be nominated by the Central

Government—members;

(o) two persons representing non-governmental organisations which provide

services to persons with mental illness, to be nominated by the Central

Government––members;

(p) two persons representing areas relevant to mental health, if considered

necessary.

(2) The members referred to in clauses (h) to (p) of sub-section (1), shall be nominated

by the Central Government in such manner as may be prescribed.

35. (1) The members of the Central Authority referred to in clauses (h) to (p) of

sub-section (1) of section 34 shall hold office as such for a term of three years from the date

of nomination and shall be eligible for reappointment:

Provided that a member shall not hold office as such after he has attained the age of

seventy years.

(2) The chairperson and other ex officio members of the Authority shall hold office as

such chairperson or member, as the case may be, so long as he holds the office by virtue of

which he is nominated.

(3) The salaries and allowances payable to, and the other terms and conditions of

service of, the chairperson and other members shall be such as may be prescribed.

36. A member of the Central Authority may, by notice in writing under his hand

addressed to the Central Government, resign his office:

Term of

office, salaries

and

allowances of

chairperson

and members.

Resignation.

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Provided that a member shall, unless he is permitted by the Central Government to

relinquish his office sooner, continue to hold office until the expiry of three months from the

date of receipt of such notice or until a person duly appointed as his successor enters upon

the office or until the expiry of his term of office, whichever is the earliest.

37. The Central Government shall, within two months from the date of occurrence of

any vacancy by reason of death, resignation or removal of a member of the Authority and

three months before the superannuation or completion of the term of office of any member of

that Authority, make nomination for filling up of the vacancy.

38. No act or proceeding of the Central Authority shall be invalid merely by reason of—

(a) any vacancy in, or any defect in the constitution of, the Authority; or

(b) any defect in the appointment of a person as a member of the Authority; or

the case.

39. Any member having any direct or indirect interest, whether pecuniary or otherwise,

in any matter coming up for consideration at a meeting of the Central Authority, shall, as

soon as possible after the relevant circumstances have come to his knowledge, disclose the

nature of his interest at such meeting and such disclosure shall be recorded in the proceedings

of the Central Authority, and the member shall not take any part in any deliberation or

decision of the Authority with respect to that matter.

40. (1) There shall be a chief executive officer of the Authority, not below the rank of

the Director to the Government of India, to be appointed by the Central Government.

(2) The Authority may, with the approval of the Central Government, determine the

number, nature and categories of other officers and employees required by the Central

Authority in the discharge of its functions.

(3) The salaries and allowances payable to, and the other terms and conditions of

service (including the qualifications, experience and manner of appointment) of, the chief

executive officer and other officers and employees of the Central Authority shall be such as

may be specified by regulations with the approval of the Central Government.

41. (1) The chief executive officer shall be the legal representative of the Central

Authority and shall be responsible for—

(a) the day-to-day administration of the Central Authority;

(b) implementing the work programmes and decisions adopted by the Central

Authority;

(d) the preparation of the statement of revenue and expenditure and the execution

of the budget of the Central Authority.

(2) Every year, the chief executive officer shall submit to the Central Authority for

approval—

(a) a general report covering all the activities of the Central Authority in the

previous year;

Vacancies,

etc., not to

invalidate

proceedings

Central

Authority.

Member not

to participate

in meetings in

certain cases.

Officers and

other employ-

ees of Central

Authority.

Functions of

chief

executive

officer of

Central

Authority.

Filling of

vacancies.

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¨sÁUÀ 4

(b) programmes of work;

(d) the budget for the coming year.

(3) The chief executive officer shall have administrative control over the officers and

other employees of the Central Authority.

42. On the establishment of the Central Authority—

(a) all the assets and liabilities of the Central Authority for Mental Health Services

constituted under sub-section (1) of section 3 of the Mental Health Act, 1987 shall

stand transferred to, and vested in, the Central Authority.

Explanation.—The assets of such Central Authority for Mental Health Services

shall be deemed to include all rights and powers, and all properties, whether movable

or immovable, including, in particular, cash balances, deposits and all other interests

and rights in, or arising out of, such properties as may be in the possession of such

Unique Identification Authority of India and all books of account and other documents

relating to the same; and liabilities shall be deemed to include all debts, liabilities and

obligations of whatever kind;

(b) without prejudice to the provisions of clause (a), all data and information

collected during enrolment, all details of authentication performed, debts, obligations

and liabilities incurred, all contracts entered into and all matters and things engaged to

be done by, with or for such Central Authority for Mental Health Services immediately

before that day, for or in connection with the purpose of the said Central Authority for

Mental Health Services, shall be deemed to have been incurred, entered into or engaged

to be done by, with or for, the Central Authority;

immediately before that day shall be deemed to be due to the Central Authority; and

(d) all suits and other legal proceedings instituted or which could have been

instituted by or against such Central Authority for Mental Health Services immediately

before that day may be continued or may be instituted by or against the Central

Authority.

43. (1) The Central Authority shall––

(a) register all mental health establishments under the control of the Central

Government and maintain a register of all mental health establishments in the country

based on information provided by all State Mental Health Authorities of registered

establishments and compile update and publish (including online on the internet) a

(b) develop quality and service provision norms for different types of mental

health establishments under the Central Government;

and receive complaints about deficiencies in provision of services;

(d) maintain a national register of clinical psychologists, mental health nurses

and psychiatric social workers based on information provided by all State Authorities

of persons registered to work as mental health professionals for the purpose of this

Act and publish the list (including online on the internet) of such registered mental

health professionals;

Functions of

Central

Authority.

Transfer of

assets,

liabilities of

Central

Authority.

14 of 1987.

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(e) train all persons including law enforcement officials, mental health

professionals and other health professionals about the provisions and

implementation of this Act;

(f) advise the Central Government on all matters relating to mental

healthcare and services;

(g) discharge such other functions with respect to matters relating to

mental health as the Central Government may decide:

Provided that the mental health establishments under the control of the Central

Government, before the commencement of this Act, registered under the Mental Health

Act, 1987 or any other law for the time being in force, shall be deemed to have been registered

under the provisions of this Act and copy of such registration shall be furnished to the

Central Authority.

(2) The procedure for registration (including the fees to be levied for such registration)

of the mental health establishments under this section shall be such as may be prescribed by

the Central Government.

44. (1) The Central Authority shall meet at such times (not less than twice in a year)

and places and shall observe such rules of procedure in regard to the transaction of business

at its meetings (including quorum at such meetings) as may be specified by regulations made

by the Central Authority.

(2) If the chairperson, for any reason, is unable to attend a meeting of the Central

Authority, the senior-most member shall preside over the meeting of the Authority.

(3) All questions which come up before any meeting of the Authority shall be decided

by a majority of votes by the members present and voting and in the event of an equality of

votes, the chairperson or in his absence the member presiding over shall have a second or

casting vote.

(4) All decisions of the Central Authority shall be authenticated by the signature of the

chairperson or any other member authorised by the Central Authority in this behalf.

(5) If any member, who is a director of a company and who as such director, has any

direct or indirect pecuniary interest in any manner coming up for consideration at a meeting

of the Central Authority, he shall, as soon as possible after relevant circumstances have

come to his knowledge, disclose the nature of his interest at such meeting and such disclosure

shall be recorded in the proceedings of the Authority, and the member shall not take part in

any deliberation or decision of the Authority with respect to that matter.

CHAPTER VIII

STATE MENTAL HEALTH AUTHORITY

45. Every State Government shall, within a period of nine months from the

date on which this Act receives the assent of the President, by notification, establish,

for the purposes of this Act, an Authority to be known as the State Mental Health

Authority.

46. (1) The State Authority shall consist of the following chairperson and members:—

(a) Secretary or Principal Secretary in the Department of Health of State

Government––chairperson ex officio;

(b) Joint Secretary in the Department of Health of the State Government, in

charge of mental health––member ex officio;

Meetings of

Central

Authority.

14 of 1987.

Establishment

of State

Authority.

Composition

of State

Authority.

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(d) Joint Secretary in the Department of Social Welfare of the State Government—

member ex officio;

(e) such other ex officio representatives from the relevant State Government

Ministries or Departments;

(f) Head of any of the Mental Hospitals in the State or Head of Department of

Psychiatry at any Government Medical College, to be nominated by the State

Government––member;

(g) one eminent psychiatrist from the State not in Government service to be

nominated by the State Government––member;

(h) one mental health professional as defined in item (iii) of clause (q) of

sub-section (1) of section 2 having at least fifteen years experience in the field, to be

nominated by the State Government—member;

(i) one psychiatric social worker having at least fifteen years experience in the

field, to be nominated by the State Government––member;

(j) one clinical psychologist having at least fifteen years experience in the field,

to be nominated by the State Government––member;

(k) one mental health nurse having at least fifteen years experience in the field of

mental health, to be nominated by the State Government––member;

(l) two persons representing persons who have or have had mental illness, to be

nominated by the State Government––member;

(m) two persons representing care-givers of persons with mental illness or

organisations representing care-givers, to be nominated by the State

Government––members;

(n) two persons representing non-governmental organisations which provide

services to persons with mental illness, to be nominated by the State Government—

members.

(2) The members referred to in clauses (e) to (n) of sub-section (1), shall be nominated

by the State Government in such manner as may be prescribed.

47. (1) The members of the State Authority referred to in clauses (e) to (n) of

sub-section (1) of section 46 shall hold office as such for a term of three years from the date

of nomination and shall be eligible for reappointment:

Provided that a member shall not hold office as such after he has attained the age of

seventy years.

(2) The chairperson and other ex officio members of the State Authority shall hold

office as such chairperson or member, as the case may be, so long as he holds the office by

virtue of which he is nominated.

(3) The salaries and allowances payable to, and the other terms and conditions of

service of, the chairperson and other members shall be such as may be prescribed.

48. A member of the State Authority may, by notice in writing under his hand addressed

to the State Government, resign his office:

Provided that a member shall, unless he is permitted by the State Government to

relinquish his office sooner, continue to hold office until the expiry of three months from the

date of receipt of such notice or until a person duly appointed as his successor enters upon

office or until the expiry of his term of office, whichever is the earliest.

49. The State Government shall, within two months from the date of occurrence of any

vacancy by reason of death, resignation or removal of a member of the Authority and three

months before the superannuation or completion of the term of office of any member of that

Authority, make nomination for filling up of the vacancy.

Term of

office,

salaries and

allowances of

chairperson

and other

members.

Resignation.

Filling of

vacancies.

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50. No act or proceeding of the State Authority shall be invalid merely by reason of—

(a) any vacancy in, or any defect in the constitution of, the State Authority; or

(b) any defect in the appointment of a person as a member of the State

Authority; or

the case.

51. Any member having any direct or indirect interest, whether pecuniary or otherwise,

in any matter coming up for consideration at a meeting of the State Authority, shall, as soon

as possible after the relevant circumstances have come to his knowledge, disclose the nature

of his interest at such meeting and such disclosure shall be recorded in the proceedings of

the State Authority, and the member shall not take any part in any deliberation or decision of

the State Authority with respect to that matter.

52. (1) There shall be a chief executive officer of the State Authority, not below the rank

of the Deputy Secretary to the State Government, to be appointed by the State Government.

(2) The State Authority may, with the approval of the State Government, determine the

number, nature and categories of other officers and employees required by the State Authority

in the discharge of its functions.

(3) The salaries and allowances payable to, and the other terms and conditions of

service (including the qualifications, experience and manner of appointment) of, the chief

executive officer and other officers and employees of the State Authority shall be such as

may be specified by regulations with the approval of the State Government.

53. (1) The chief executive officer shall be the legal representative of the State Authority

and shall be responsible for—

(a) the day-to-day administration of the State Authority;

(b) implementing the work programmes and decisions adopted by the State

Authority;

(d) the preparation of the statement of revenue and expenditure and the execution

of the budget of the State Authority.

(2) Every year, the chief executive officer shall submit to the State Authority for

approval—

(a) a general report covering all the activities of the Authority in the previous

year;

(b) programmes of work;

(d) the budget for the coming year.

(3) The chief executive officer shall have administrative control over the officers and

other employees of the State Authority.

54. On and from the establishment of the State Authority—

(a) all the assets and liabilities of the State Authority for Mental Health Services

constituted under sub-section (1) of section 4 of the Mental Health Act, 1987 shall

stand transferred to, and vested in, the State Authority.

Vacancies,

etc., not to

invalidate

proceedings

of State

Authority.

Member not to

participate in

meetings

certain cases.

Officers and

other employ-

ees of State

Authority.

Functions of

chief

executive

officer of

State

Authority.

Transfer of

assets,

liabilities of

State

Authority.

14 of 1987.

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Explanation.—The assets of such State Authority for Mental Health Services

shall be deemed to include all rights and powers, and all properties, whether movable

or immovable, including, in particular, cash balances, deposits and all other interests

and rights in, or arising out of, such properties as may be in the possession of such

State Authority for Mental Health Services and all books of account and other

documents relating to the same; and liabilities shall be deemed to include all debts,

liabilities and obligations of whatever kind;

(b) without prejudice to the provisions of clause (a), all data and information

collected during enrolment, all details of authentication performed, debts, obligations

and liabilities incurred, all contracts entered into and all matters and things engaged to

be done by, with or for such State Authority for Mental Health Services immediately

before that day, for or in connection with the purpose of the said State Authority for

Mental Health Services, shall be deemed to have been incurred, entered into or engaged

to be done by, with or for, the State Authority;

immediately before that day shall be deemed to be due to the State Authority; and

(d) all suits and other legal proceedings instituted or which could have been

instituted by or against such State Authority for Mental Health Services immediately

before that day may be continued or may be instituted by or against the State Authority.

55. (1) The State Authority shall––

(a) register all mental health establishments in the State except those referred to

in section 43 and maintain and publish (including online on the internet) a register of

such establishments;

(b) develop quality and service provision norms for different types of mental

health establishments in the State;

about deficiencies in provision of services;

(d) register clinical psychologists, mental health nurses and psychiatric social

workers in the State to work as mental health professionals, and publish the list of

such registered mental health professionals in such manner as may be specified by

regulations by the State Authority;

(e) train all relevant persons including law enforcement officials, mental health

professionals and other health professionals about the provisions and implementation

of this Act;

(f) discharge such other functions with respect to matters relating to mental

health as the State Government may decide:

Provided that the mental health establishments in the State (except those referred to in

section 43), registered, before the commencement of this Act, under the Mental Health Act,

1987 or any other law for the time being in force, shall be deemed to have been registered

under the provisions of this Act and copy of such registration shall be furnished to the State

Authority.

(2) The procedure for registration (including the fees to be levied for such registration)

of the mental health establishments under this section shall be such as may be prescribed by

the State Government.

56. (1) The State Authority shall meet at such times (not less than four times in a

year) and places and shall observe such rules of procedure in regard to the transaction of

business at its meetings (including quorum at such meetings) as may be specified by

regulations made by the State Authority.

Functions of

State

Authority.

Meetings

State Authority.

14 of 1987.

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(2) If the chairperson, for any reason, is unable to attend a meeting of the State

Authority, the senior- most member shall preside over the meetings of the Authority.

(3) All questions which come up before any meeting of the State Authority shall be

decided by a majority of votes by the members present and voting and in the event of an

equality of votes, the chairperson or in his absence the member presiding over shall have a

second or casting vote.

(4) All decisions of the State Authority shall be authenticated by the signature of the

chairperson or any other member authorised by the State Authority in this behalf.

(5) If any member, who is a director of a company and who as such director, has any

direct or indirect pecuniary interest in any manner coming up for consideration at a meeting

of the State Authority, he shall, as soon as possible after relevant circumstances have come

to his knowledge, disclose the nature of his interest at such meeting and such disclosure

shall be recorded in the proceedings of the Authority, and the member shall not take part in

any deliberation or decision of the State Authority with respect to that matter.

CHAPTER IX

FINANCE, ACCOUNTS AND AUDIT

57. The Central Government may, after due appropriation made by Parliament by law in

this behalf, make to the Central Authority grants of such sums of money as the Central

Government may think fit for being utilised for the purposes of this Act.

58. (1) There shall be constituted a Fund to be called the Central Mental Health

Authority Fund and there shall be credited thereto—

(i) any grants and loans made to the Authority by the Central Government;

(ii) all fees and charges received by the Authority under this Act; and

(iii) all sums received by the Authority from such other sources as may be

decided upon by the Central Government.

(2) The Fund referred to in sub-section (1) shall be applied for meeting the salary,

allowances and other remuneration of the chairperson, other members, chief executive officer,

other officers and employees of the Authority and the expenses of the Authority incurred in

the discharge of its functions and for purposes of this Act.

59. (1) The Central Authority shall maintain proper accounts and other relevant records

and prepare an annual statement of accounts in such form as may be prescribed by the

Central Government, in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Authority shall be audited by the Comptroller and

Auditor-General of India at such intervals as may be specified by him and any expenditure

incurred in connection with such audit shall be payable by the Authority to the Comptroller

and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any other person appointed by

him in connection with the audit of the accounts of the Authority shall have the same rights

and privileges and authority in connection with such audit as the Comptroller and Auditor-

General generally has in connection with the audit of the Government accounts and, in

particular, shall have the right to demand the production of books, accounts, connected

vouchers and other documents and papers and to inspect any of the office of the Authority.

(4) The accounts of the Authority as certified by the Comptroller and Auditor-General

of India or any other person appointed by him in this behalf together with the audit report

thereon, shall be forwarded annually to the Central Government by the Authority and the

Central Government shall cause the same to be laid before each House of Parliament.

Grants by

Central

Government

to Central

Authority.

Central

Mental Health

Authority

Fund.

Accounts and

audit of Central

Authority.

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60. The Central Authority shall prepare in every year, in such form and at such time as

may be prescribed by the Central Government, an annual report giving a full account of its

activities during the previous year, and copies thereof along with copies of its annual accounts

and auditor’s report shall be forwarded to the Central Government and the Central Government

shall cause the same to be laid before both Houses of Parliament.

61. The State Government may, after due appropriation made by State Legislature by

law in this behalf, make to the State Authority grants of such sums of money as the State

Government may think fit for being utilised for the purposes of this Act.

62. (1) There shall be constituted a Fund to be called the State Mental Health Authority

Fund and there shall be credited thereto—

(i) any grants and loans made to the State Authority by the State Government;

(ii) all fees and charges received by the Authority under this Act; and

(iii) all sums received by the State Authority from such other sources as may be

decided upon by the State Government.

(2) The Fund referred to in sub-section (1) shall be applied for meeting the salary,

allowances and other remuneration of the chairperson, other members, chief executive officer,

other officers and employees of the State Authority and the expenses of the State Authority

incurred in the discharge of its functions and for purposes of this Act.

63. (1) The State Authority shall maintain proper accounts and other relevant records

and prepare an annual statement of accounts in such form as may be prescribed by the State

Government, in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the State Authority shall be audited by the Comptroller and

Auditor-General of India at such intervals as may be specified by him and any expenditure

incurred in connection with such audit shall be payable by the State Authority to the

Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any other person appointed by

him in connection with the audit of the accounts of the State Authority shall have the same

rights and privileges and authority in connection with such audit as the Comptroller and

Auditor-General generally has in connection with the audit of the Government accounts and,

in particular, shall have the right to demand the production of books, accounts, connected

vouchers and other documents and papers and to inspect any of the office of the State

Authority.

64. The State Authority shall prepare in every year, in such form and at such time as

may be prescribed by the State Government, an annual report giving a full account of its

activities during the previous year, and copies thereof along with copies of its annual accounts

and auditor’s report shall be forwarded to the State Government and the Government shall

cause the same to be laid before the State Legislature.

CHAPTER X

MENTAL HEALTH ESTABLISHMENTS

65. (1) No person or organisation shall establish or run a mental health establishment

unless it has been registered with the Authority under the provisions of this Act.

Explanation.––For the purposes of this Chapter, the expression “Authority” means—

(a) in respect of the mental health establishments under the control of the Central

Government, the Central Authority;

(b) in respect of the mental health establishments in the State [not being the

health establishments referred to in clause (a)], the State Authority.

Annual report

Central

Authority.

Grants by

State

Government.

State Mental

Health

Authority

Fund.

Accounts and

audit of State

Authority.

Annual report

of State

Authority.

Registration of

mental health

establishment.

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(2) Every person or organisation who proposes to establish or run a mental health

establishment shall register the said establishment with the Authority under the provisions

of this Act:

Provided that the Central Government, may, by notification, exempt any category or

class of existing mental health establishments from the requirement of registration under this

Act.

Explanation.––In case a mental health establishment has been registered under the

Clinical Establishments (Registration and Regulation) Act, 2010 or any other law for the time

being in force in a State, such mental health establishment shall submit a copy of the said

registration along with an application in such form as may be prescribed to the Authority

with an undertaking that the mental health establishment fulfils the minimum standards, if

any, specified by the Authority for the specific category of mental health establishment.

(3) The Authority shall, on receipt of application under sub-section (2), on being

satisfied that such mental health establishment fulfils the standards specified by the Authority,

issue a certificate of registration in such form as may be prescribed:

Provided that till the period the Authority specifies the minimum standards for different

categories of mental health establishments, it shall issue a provisional certificate of registration

to the mental health establishment:

Provided further that on specifying the minimum standards for different categories of

mental health establishments, the mental health establishment referred to in the first proviso

shall, within a period of six months from the date such standards are specified, submit to the

Authority an undertaking stating therein that such establishment fulfils the specified minimum

standards and on being satisfied that such establishment fulfils the minimum standards, the

Authority shall issue a certificate of registration to such mental health establishment.

(4) Every mental health establishment shall, for the purpose of registration and

continuation of registration, fulfil––

(a) the minimum standards of facilities and services as may be specified by

regulations made by the Authority;

(b) the minimum qualifications for the personnel engaged in such establishment

as may be specified by regulations made by the Authority;

regulations made by the Authority; and

(d) any other conditions as may be specified by regulations made by the

Authority.

(5) The Authority may––

(a) classify mental health establishments into such different categories, as may

be specified by regulations made by the Central Authority;

(b) specify different standards for different categories of mental health

establishments;

have regard to local conditions.

(6) Notwithstanding anything in this section, the Authority shall, within a period of

eighteen months from the commencement of this Act, by notification, specify the minimum

standards for different categories of mental health establishments.

23 of 2010.

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66. (1) The mental health establishment shall, for the purpose of registration, submit

an application, in such form, accompanied with such details and fees, as may be prescribed,

to the Authority.

(2) The mental health establishment may submit the application in person or by post or

online.

(3) Every mental health establishment, existing on the date of commencement of this

Act, shall, within a period of six months from the date of constitution of the Authority, submit

an application for its provisional registration to the Authority.

(4) The Authority shall, within a period of ten days from the date of receipt of such

application, issue to the mental health establishment a certificate of provisional registration

in such form and containing such particulars and information as may be prescribed.

(5) The Authority shall not be required to conduct any inquiry prior to issue of

provisional registration.

(6) The Authority shall, within a period of forty-five days from the date of provisional

registration, publish in print and in digital form online, all particulars of the mental health

establishment.

(7) A provisional registration shall be valid for a period of twelve months from the date

of its issue and be renewable.

(8) Where standards for particular categories of mental health establishments have

been specified under this Act, the mental health establishments in that category shall, within

a period of six months from date of notifying such standards, apply for that category and

obtain permanent registration.

(9) The Authority shall publish the standards in print and online in digital format.

(10) Until standards for particular categories of mental health establishments are

specified under this Act, every mental health establishment shall, within thirty days before

the expiry of the validity of certificate of provisional registration, apply for a renewal of

provisional registration.

(11) If the application is made after the expiry of provisional registration, the Authority

shall allow renewal of registration on payment of such fees, as may be prescribed.

(12) A mental health establishment shall make an application for permanent registration

to the Authority in such form and accompanied with such fees as may be specified by

regulations.

(13) The mental health establishment shall submit evidence that the establishment has

complied with the specified minimum standards in such manner as may be specified by

regulations by the Authority.

(14) As soon as the mental health establishment submits the required evidence of the

mental health establishment having complied with the specified minimum standards, the

Authority shall give public notice and display the same on its website for a period of thirty

days, for filing objections, if any, in such manner as may be specified by regulations.

(15) The Authority shall, communicate the objections, if any, received within the

period referred to in sub-section (14), to the mental health establishment for response within

such period as the Authority may determine.

(16) The mental health establishment shall submit evidence of compliance with the

standards with reference to the objections communicated to such establishment under

sub-section (15), to the Authority within the specified period.

Procedure for

registration,

inspection

and inquiry of

mental health

establish-

ments.

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(17) The Authority shall on being satisfied that the mental health establishment fulfils

the specified minimum standards for registration, grant permanent certificate of registration

to such establishment.

(18) The Authority shall, within a period of forty-five days after the expiry of the period

specified under this section, pass an order, either––

(a) grant permanent certificate of registration; or

(b) reject the application after recording the reasons thereof:

Provided that in case the Authority rejects the application under clause (b), it shall

grant such period not exceeding six months, to the mental health establishment for rectification

of the deficiencies which have led to rejection of the application and such establishment may

apply afresh for registration.

(19) Notwithstanding anything contained in this section, if the Authority has neither

communicated any objections received by it to the mental health establishment under

sub-section (15), nor has passed an order under sub-section (18), the registration shall be

deemed to have been granted by the Authority and the Authority shall provide a permanent

certificate of registration.

67. (1) The Authority shall cause to be conducted an audit of all registered mental

health establishments by such person or persons (including representatives of the local

community) as may be prescribed, every three years, so as to ensure that such mental health

establishments comply with the requirements of minimum standards for registration as a

mental health establishment.

(2) The Authority may charge the mental health establishment such fee as may be

prescribed, for conducting the audit under this section.

(3) The Authority may issue a show cause notice to a mental health establishment as

to why its registration under this Act not be cancelled, if the Authority is satisfied that––

(a) the mental health establishment has failed to maintain the minimum standards

specified by the Authority; or

(b) the person or persons or entities entrusted with the management of the

mental health establishment have been convicted of an offence under this Act; or

illness.

(4) The Authority may, after giving a reasonable opportunity to the mental health

establishment, if satisfied that the mental health establishment falls under clause (a) or

clause (b) or clause (c) of sub-section (3), without prejudice to any other action which it may

take against the mental health establishment, cancel its registration.

(5) Every order made under sub-section (4) shall take effect––

(a) where no appeal has been preferred against such order, immediately on the

expiry of the period specified for preferring of appeal; and

(b) where the appeal has been preferred against such an order and the appeal

has been dismissed, from the date of the order of dismissal.

(6) The Authority shall, on cancellation of the registration for reasons to be recorded

in writing, restrain immediately the mental health establishment from carrying on its operations,

if there is imminent danger to the health and safety of the persons admitted in the mental

health establishment.

(7) The Authority may cancel the registration of a mental health establishment if

recommended by the Board to do so.

Audit of mental

health

establishment.

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68. (1) The Authority may, suo motu or on a complaint received from any person with

respect to non-adherence of minimum standards specified by or under this Act or

contravention of any provision thereof, order an inspection or inquiry of any mental health

establishment, to be made by such person as may be prescribed.

(2) The mental health establishment shall be entitled to be represented at such

inspection or inquiry.

(3) The Authority shall communicate to the mental health establishment the results of

such inspection or inquiry and may after ascertaining the opinion of the mental health

establishment, order the establishment to make necessary changes within such period as

may be specified by it.

(4) The mental health establishment shall comply with the order of the Authority made

under sub-section (3).

(5) If the mental health establishment fails to comply with the order of the Authority

made under sub-section (3), the Authority may cancel the registration of the mental health

establishment.

(6) The Authority or any person authorised by it may, if there is any reason to suspect

that any person is operating a mental health establishment without registration, enter and

search in such manner as may be prescribed, and the mental health establishment shall

co-operate with such inspection or inquiry and be entitled to be represented at such inspection

or inquiry.

69. Any mental health establishment aggrieved by an order of the Authority refusing

to grant registration or renewal of registration or cancellation of registration, may, within a

period of thirty days from such order, prefer an appeal to the High Court in the State:

Provided that the High Court may entertain an appeal after the expiry of the said period

of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the

appeal within the period of thirty days.

70. (1) Every mental health establishment shall display the certificate of registration in

a conspicuous place in the mental health establishment in such manner so as to be visible to

everyone visiting the mental health establishment.

(2) In case the certificate is destroyed or lost or mutilated or damaged, the Authority

may issue a duplicate certificate on the request of the mental health establishment and on the

payment of such fees as may be prescribed.

(3) The certificate of registration shall be non-transferable and valid in case of change

of ownership of the establishment.

(4) Any change of ownership of the mental health establishment shall be intimated to

the Authority by the new owner within one month from the date of change of ownership.

(5) In the event of change of category of the mental health establishment, such

establishment shall surrender the certificate of registration to the Authority and the mental

health establishment shall apply afresh for grant of certificate of registration in that category.

71. The Authority shall maintain in digital format a register of mental health

establishments, registered by the Authority, to be called the Register of Mental Health

Establishments and shall enter the particulars of the certificate of registration so granted in

a separate register to be maintained in such form and manner as may be prescribed.

72. (1) Every mental health establishment shall display within the establishment at

conspicuous place (including on its website), the contact details including address and

telephone numbers of the concerned Board.

(2) Every mental health establishment shall provide the person with necessary forms

to apply to the concerned Board and also give free access to make telephone calls to the

Board to apply for a review of the admission.

Inspection and

inquiry.

Appeal to

High Court

against order

of Authority.

Certificates,

fees and

mental health

establish-

ments.

Maintenance

of register of

mental health

establishment

in digital

format.

Duty of mental

health

establishment

display

information.

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CHAPTER XI

MENTAL HEALTH REVIEW BOARDS

73. (1) The State Authority shall, by notification, constitute Boards to be called the

Mental Health Review Boards, for the purposes of this Act.

(2) The requisite number, location and the jurisdiction of the Boards shall be specified

by the State Authority in consultation with the State Governments concerned.

(3) The constitution of the Boards by the State Authority for a district or group of

districts in a State under this section shall be such as may be prescribed by the Central

Government.

(4) While making rules under sub-section (3), the Central Government shall have

regard to the following, namely:—

(a) the expected or actual workload of the Board in the State in which such Board

is to be constituted;

(b) number of mental health establishments existing in the State;

(d) population in the district in which the Board is to be constituted;

(e) geographical and climatic conditions of the district in which the Board is to

be constituted.

74. (1) Each Board shall consist of––

(a) a District Judge, or an officer of the State judicial services who is qualified to

be appointed as District Judge or a retired District Judge who shall be chairperson of

the Board;

(b) representative of the District Collector or District Magistrate or Deputy

Commissioner of the districts in which the Board is to be constituted;

medical practitioner.

(d) two members who shall be persons with mental illness or care-givers or

persons representing organisations of persons with mental illness or care-givers or

non-governmental organisations working in the field of mental health.

(2) A person shall be disqualified to be appointed as the chairperson or a member of a

Board or be removed by the State Authority, if he––

(a) has been convicted and sentenced to imprisonment for an offence which

involves moral turpitude; or

(b) is adjudged as an insolvent; or

corporate owned or controlled by the Government; or

(d) has such financial or other interest as is likely to prejudice the discharge of

his functions as a member; or

(e) has such other disqualifications as may be prescribed by the Central

Government.

(3) A chairperson or member of a Board may resign his office by notice in writing under

his hand addressed to the Chairperson of the State Authority and on such resignation being

accepted, the vacancy shall be filled by appointment of a person, belonging to the category

under sub-section (1) of section 74.

Composition

of Board.

Constitution

of Mental

Health Review

Boards.

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75. (1) The chairperson and members of the Board shall hold office for a term of five

years or up to the age of seventy years, whichever is earlier and shall be eligible for

reappointment for another term of five years or up to the age of seventy years whichever is earlier.

(2) The appointment of chairperson and members of every Board shall be made by the

Chairperson of the State Authority.

(3) The honorarium and other allowances payable to, and the other terms and conditions

of service of, the chairperson and members of the Board shall be such as may be prescribed

by the Central Government.

76. (1) The decisions of the Authority or the Board, as the case may be, shall be by

consensus, failing which by a majority of votes of members present and voting and in the

event of equality of votes, the president or the chairperson, as the case may be, shall have a

second or casting vote.

(2) The quorum of a meeting of the Authority or the Board, as the case may be, shall be

three members.

77. (1) Any person with mental illness or his nominated representative or a

representative of a registered non-governmental organisation, with the consent of such a

person, being aggrieved by the decision of any of the mental health establishment or whose

rights under this Act have been violated, may make an application to the Board seeking

redressal or appropriate relief.

(2) There shall be no fee or charge levied for making such an application.

(3) Every application referred to in sub-section (1) shall contain the name of applicant,

his contact details, the details of the violation of his rights, the mental health establishment

or any other place where such violation took place and the redressal sought from the Board.

(4) In exceptional circumstances, the Board may accept an application made orally or

over telephone from a person admitted to a mental health establishment.

78. All proceedings before the Board shall be deemed to be judicial proceedings

within the meaning of sections 193, 219 and 228 of the Indian Penal Code.

79. The Board shall meet at such times and places and shall observe such rules of

procedure in regard to the transaction of business at its meetings as may be specified by

regulations made by the Central Authority.

80. (1) The Board, on receipt of an application under sub-section (1) of section 85,

shall, subject to the provisions of this section, endeavour to hear and dispose of the same

within a period of ninety days.

(2) The Board shall dispose of an application––

(a) for appointment of nominated representative under clause (d) of sub-section (4)

of section 14;

(b) challenging admission of a minor under section 87;

of section 89,

within a period of seven days from the date of receipt of such applications.

(3) The Board shall dispose of an application challenging supported admission under

section 90 within a period of twenty-one days from the date of receipt of the application.

Proceedings

before Board.

Terms and

conditions of

service of

chairperson

and members

of Board.

Decisions of

Authority and

Board.

Applications

to Board.

Proceedings

before Board

to be judicial

proceedings.

Meetings.

45 of 1860.

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(4) The Board shall dispose of an application, other than an application referred to in

sub-section (3), within a period of ninety days from the date of filing of the application.

(5) The proceeding of the Board shall be held in camera.

(6) The Board shall not ordinarily grant an adjournment for the hearing.

(7) The parties to an application may appear in person or be represented by a counsel

or a representative of their choice.

(8) In respect of any application concerning a person with mental illness, the Board

shall hold the hearings and conduct the proceedings at the mental health establishment

where such person is admitted.

(9) The Board may allow any persons other than those directly interested with the

application, with the permission of the person with mental illness and the chairperson of the

Board, to attend the hearing.

(10) The person with mental illness whose matter is being heard shall have the right to

give oral evidence to the Board, if such person desires to do so.

(11) The Board shall have the power to require the attendance and testimony of such

other witnesses as it deems appropriate.

(12) The parties to a matter shall have the right to inspect any document relied upon

by any other party in its submissions to the Board and may obtain copies of the same.

(13) The Board shall, within five days of the completion of the hearing, communicate

its decision to the parties in writing.

(14) Any member who is directly or indirectly involved in a particular case, shall not sit

on the Board during the hearings with respect to that case.

81. (1) The Central Authority shall appoint an Expert Committee to prepare a guidance

document for medical practitioners and mental health professionals, containing procedures

for assessing, when necessary or the capacity of persons to make mental health care or

treatment decisions.

(2) Every medical practitioner and mental health professional shall, while assessing

capacity of a person to make mental healthcare or treatment decisions, comply with the

guidance document referred to in sub-section (1) and follow the procedure specified therein.

82. (1) Subject to the provisions of this Act, the powers and functions of the Board

shall, include all or any of the following matters, namely:––

(a) to register, review, alter, modify or cancel an advance directive;

(b) to appoint a nominated representative;

nominated representative or any other interested person against the decision of medical

officer or mental health professional in charge of mental health establishment or mental

health establishment under section 87 or section 89 or section 90;

(d) to receive and decide applications in respect non-disclosure of information

specified under sub-section (3) of section 25;

(e) to adjudicate complaints regarding deficiencies in care and services specified

under section 28;

(f) to visit and inspect prison or jails and seek clarifications from the medical

officer in-charge of health services in such prison or jail.

Central

Authority to

appoint

Expert

Committee to

prepare

guidance

document.

Powers and

functions of

Board.

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(2) Where it is brought to the notice of a Board or the Central Authority or State

Authority, that a mental health establishment violates the rights of persons with mental

illness, the Board or the Authority may conduct an inspection and inquiry and take action to

protect their rights.

(3) Notwithstanding anything contained in this Act, the Board, in consultation with

the Authority, may take measures to protect the rights of persons with mental illness as it

considers appropriate.

(4) If the mental health establishment does not comply with the orders or directions of

the Authority or the Board or wilfully neglects such order or direction, the Authority or the

Board, as the case may be, may impose penalty which may extend up to five lakh rupees on

such mental health establishment and the Authority on its own or on the recommendations

of the Board may also cancel the registration of such mental health establishment after

giving an opportunity of being heard.

83. Any person or establishment aggrieved by the decision of the Authority or a Board

may, within a period of thirty days from such decision, prefer an appeal to the High Court of

the State in which the Board is situated:

Provided that the High Court may entertain an appeal after the expiry of the said period

of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the

appeal within the period of thirty days.

84. (1) The Central Government may, make to the Central Authority grants of such

sums of money as the Central Government may think fit for being utilised for the purposes of

this Act.

(2) The grants referred to in sub-section (1) shall be applied for,—

(a) meeting the salary, allowances and other remuneration of the chairperson,

members, officers and other employees of the Central Authority;

(b) meeting the salary, allowances and other remuneration of the chairperson,

members, officers and other employees of the Boards; and

of their functions and for the purposes of this Act.

CHAPTER XII

ADMISSION, TREATMENT AND DISCHARGE

85. (1) For the purposes of this Act, “independent patient or an independent admission”

refers to the admission of person with mental illness, to a mental health establishment, who

has the capacity to make mental healthcare and treatment decisions or requires minimal

support in making decisions.

(2) All admissions in the mental health establishment shall, as far as possible, be

independent admissions except when such conditions exist as make supported admission

unavoidable.

86. (1) Any person, who is not a minor and who considers himself to have a mental

illness and desires to be admitted to any mental health establishment for treatment may

request the medical officer or mental health professional in charge of the establishment to be

admitted as an independent patient.

Appeal to

High Court

against order

of Authority

or Board.

Grants by

Central

Government.

Admission of

person

with

mental illness

as independent

patient

mental health

establishment.

Independent

admission and

treatment.

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(2) On receipt of such request under sub-section (1), the medical officer or mental

health professional in charge of the establishment shall admit the person to the establishment

if the medical officer or mental health professional is satisfied that––

(a) the person has a mental illness of a severity requiring admission to a mental

health establishment;

(b) the person with mental illness is likely to benefit from admission and treatment

to the mental health establishment;

mental health establishment, and has made the request for admission of his own free

will, without any duress or undue influence and has the capacity to make mental

healthcare and treatment decisions without support or requires minimal support from

others in making such decisions.

(3) If a person is unable to understand the purpose, nature, likely effects of proposed

treatment and of the probable result of not accepting the treatment or requires a very high

level of support approaching hundred per cent. support in making decisions, he or she shall

be deemed unable to understand the purpose of the admission and therefore shall not be

admitted as independent patient under this section.

(4) A person admitted as an independent patient to a mental health establishment shall

be bound to abide by order and instructions or bye-laws of the mental health establishment.

(5) An independent patient shall not be given treatment without his informed consent.

(6) The mental health establishment shall admit an independent patient on his own

request, and shall not require the consent or presence of a nominated representative or a

relative or care-giver for admitting the person to the mental health establishment.

(7) Subject to the provisions contained in section 88 an independent patient may get

himself discharged from the mental health establishment without the consent of the medical

officer or mental health professional in charge of such establishment.

87. (1) A minor may be admitted to a mental health establishment only after following

the procedure laid down in this section.

(2) The nominated representative of the minor shall apply to the medical officer in

charge of a mental health establishment for admission of the minor to the establishment.

(3) Upon receipt of such an application, the medical officer or mental health professional

in charge of the mental health establishment may admit such a minor to the establishment, if

two psychiatrists, or one psychiatrist and one mental health professional or one psychiatrist

and one medical practitioner, have independently examined the minor on the day of admission

or in the preceding seven days and both independently conclude based on the examination

and, if appropriate, on information provided by others, that,—

(a) the minor has a mental illness of a severity requiring admission to a mental

health establishment;

(b) admission shall be in the best interests of the minor, with regard to his health,

well-being or safety, taking into account the wishes of the minor if ascertainable and

the reasons for reaching this decision;

admitted; and

(d) all community based alternatives to admission have been shown to have

failed or are demonstrably unsuitable for the needs of the minor.

(4) A minor so admitted shall be accommodated separately from adults, in an

environment that takes into account his age and developmental needs and is at least of the

same quality as is provided to other minors admitted to hospitals for other medical treatments.

(5) The nominated representative or an attendant appointed by the nominated

representative shall under all circumstances stay with the minor in the mental health

establishment for the entire duration of the admission of the minor to the mental health

establishment.

Admission of

minor.

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(6) In the case of minor girls, where the nominated representative is male, a female

attendant shall be appointed by the nominated representative and under all circumstances

shall stay with the minor girl in the mental health establishment for the entire duration of her

admission.

(7) A minor shall be given treatment with the informed consent of his nominated

representative.

(8) If the nominated representative no longer supports admission of the minor under

this section or requests discharge of the minor from the mental health establishment, the

minor shall be discharged by the mental health establishment.

(9) Any admission of a minor to a mental health establishment shall be informed by the

medical officer or mental health professional in charge of the mental health establishment to

the concerned Board within a period of seventy-two hours.

(10) The concerned Board shall have the right to visit and interview the minor or

review the medical records if the Board desires to do so.

(11) Any admission of a minor which continues for a period of thirty days shall be

immediately informed to the concerned Board.

(12) The concerned Board shall carry out a mandatory review within a period of seven

days of being informed, of all admissions of minors continuing beyond thirty days and every

subsequent thirty days.

(13) The concerned Board shall at minimum, review the clinical records of the minor

and may interview the minor if necessary.

88. (1) The medical officer or mental health professional in charge of a mental health

establishment shall discharge from the mental health establishment any person admitted

under section 86 as an independent patient immediately on request made by such person or

if the person disagrees with his admission under section 86 subject to the provisions of

sub-section (3).

(2) Where a minor has been admitted to a mental health establishment under section 87

and attains the age of eighteen years during his stay in the mental health establishment, the

medical officer in charge of the mental health establishment shall classify him as an independent

patient under section 86 and all provisions of this Act as applicable to independent patient

who is not minor, shall apply to such person.

(3) Notwithstanding anything contained in this Act, a mental health professional may

prevent discharge of a person admitted as an independent person under section 86 for a

period of twenty-four hours so as to allow his assessment necessary for admission under

section 89 if the mental health professional is of the opinion that––

(a) such person is unable to understand the nature and purpose of his decisions

and requires substantial or very high support from his nominated representative; or

(b) has recently threatened or attempted or is threatening or attempting to cause

bodily harm to himself; or

caused or is causing another person to fear bodily harm from him; or

(d) has recently shown or is showing an inability to care for himself to a degree

that places the individual at risk of harm to himself.

(4) The person referred to in sub-section (3) shall be either admitted as a supported

patient under section 89, or discharged from the establishment within a period of twenty-four

hours or on completion of assessments for admission for a supported patient under

section 89, whichever is earlier.

89. (1) The medical officer or mental health professional in charge of a mental health

establishment shall admit every such person to the establishment, upon application by the

nominated representative of the person, under this section, if––

(a) the person has been independently examined on the day of admission or in

the preceding seven days, by one psychiatrist and the other being a mental health

professional or a medical practitioner, and both independently conclude based on the

examination and, if appropriate, on information provided by others, that the person

has a mental illness of such severity that the person,––

Discharge of

independent

patients.

Admission and

treatment of

persons with

mental illness,

with high

support needs,

in mental

health

establishment,

up to thirty

days (supported

admission).

Ser3/f/Bill, 2017/GI/116GI/116GI-1(E)

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(i) has recently threatened or attempted or is threatening or attempting to

cause bodily harm to himself; or

(ii) has recently behaved or is behaving violently towards another person

or has caused or is causing another person to fear bodily harm from him; or

(iii) has recently shown or is showing an inability to care for himself to a

degree that places the individual at risk of harm to himself;

(b) the psychiatrist or the mental health professionals or the medical practitioner,

as the case may be, certify, after taking into account an advance directive, if any, that

admission to the mental health establishment is the least restrictive care option possible

in the circumstances; and

patient because the person is unable to make mental healthcare and treatment decisions

independently and needs very high support from his nominated representative in

making decisions.

(2) The admission of a person with mental illness to a mental health establishment

under this section shall be limited to a period of thirty days.

(3) At the end of the period mentioned under sub-section (2), or earlier, if the person no

longer meets the criteria for admission as stated in sub-section (1), the patient shall no longer

remain in the establishment under this section.

(4) On the expiry of the period of thirty days referred to in sub-section (2), the person

may continue to remain admitted in the mental health establishment in accordance with the

provisions of section 90.

(5) If the conditions under section 90 are not met, the person may continue to remain

in the mental health establishment as an independent patient under section 86 and the

medical officer or mental health professional in charge of the mental health establishment

shall inform the person of his admission status under this Act, including his right to leave the

mental health establishment.

(6) Every person with mental illness admitted under this section shall be provided

treatment after taking into account,––

(a) an advance directive if any; or

(b) informed consent of the patient with the support of his nominated

representative subject to the provisions of sub-section (7).

(7) If a person with the mental illness admitted under this section requires nearly

hundred per cent. support from his nominated representative in making a decision in respect

of his treatment, the nominated representative may temporarily consent to the treatment plan

of such person on his behalf.

(8) In case where consent has been given under sub-section (7), the medical officer or

mental health professional in charge of the mental health establishment shall record such

consent in the medical records and review the capacity of the patient to give consent every

seven days.

(9) The medical officer or mental health professional in charge of the mental health

establishment shall report the concerned Board,––

(a) within three days the admissions of a woman or a minor;

(b) within seven days the admission of any person not being a woman or minor.

(10) A person admitted under this section or his nominated representative or a

representative of a registered non-governmental organisation with the consent of the person,

may apply to the concerned Board for review of the decision of the medical officer or mental

health professional in charge of the mental health establishment to admit the person to the

mental health establishment under this section.

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(11) The concerned Board shall review the decision of the medical officer or mental

health professional in charge of the mental health establishment and give its findings thereon

within seven days of receipt of request for such review which shall be binding on all the

concerned parties.

(12) Notwithstanding anything contained in this Act, it shall be the duty of the medical

officer or mental health professional in charge of the mental health establishment to keep the

condition of the person with mental illness admitted under this section on going review.

(13) If the medical officer or mental health professional in charge of the mental health

establishment is of the opinion that the conditions specified under sub-section (1) are no

longer applicable, he shall terminate the admission under this section, and inform the person

and his nominated representative accordingly.

(14) Non applicability of conditions referred to in sub-section (13) shall not preclude

the person with mental illness remaining as an independent patient.

(15) In a case, a person with the mental illness admitted under this section has been

discharged, such person shall not be readmitted under this section within a period of seven

days from the date of his discharge.

(16) In case a person referred to in sub-section (15) requires readmission within a

period of seven days referred to in that sub-section, such person shall be considered for

readmission in accordance with the provisions of section 90.

(17) If the medical officer or mental health professional in charge of the mental health

establishment is of the opinion that the person with mental illness admitted under this

section in the mental health establishment requires or is likely to require further treatment

beyond the period of thirty days, then such medical officer or mental health professional

shall be duty bound to refer the matter to be examined by two psychiatrists for his admission

beyond thirty days.

90. (1) If a person with mental illness admitted under section 89 requires continuous

admission and treatment beyond thirty days or a person with mental illness discharged

under sub-section (15) of that section requires readmission within seven days of such

discharge, he shall be admitted in accordance with the provisions of this section.

(2) The medical officer or mental health professional in charge of a mental health

establishment, upon application by the nominated representative of a person with mental

illness, shall continue admission of such person with mental illness, if—

(a) two psychiatrists have independently examined the person with mental

illness in the preceding seven days and both independently conclude based on the

examination and, on information provided by others that the person has a mental

illness of a severity that the person––

(i) has consistently over time threatened or attempted to cause bodily

harm to himself; or

(ii) has consistently over time behaved violently towards another person

or has consistently over time caused another person to fear bodily harm from

him; or

(iii) has consistently over time shown an inability to care for himself to a

degree that places the individual at risk of harm to himself;

(b) both psychiatrists, after taking into account an advance directive, if any,

certify that admission to a mental health establishment is the least restrictive care

option possible under the circumstances; and

independent patient as the person cannot make mental healthcare and treatment

decisions independently and needs very high support from his nominated representa-

tive, in making decisions.

Admission

and

treatment of

persons with

mental

illness, with

high support

needs, in

mental

health

establishment,

beyond

thirty days

(supported

admission

beyond

thirty days).

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(3) The medical officer or mental health professional in charge of the mental health

establishment shall report all admissions or readmission under this section, within a period

of seven days of such admission or readmission, to the concerned Board.

(4) The Board shall, within a period of twenty-one days from the date of last admission

or readmission of person with mental illness under this section, permit such admission or

readmission or order discharge of such person.

(5) While permitting admission or readmission or ordering discharge of such person

under sub-section (4), the Board shall examine––

(a) the need for institutional care to such person;

(b) whether such care cannot be provided in less restrictive settings based in the

community.

(6) In all cases of application for readmission or continuance of admission of a person

with mental illness in the mental health establishment under this section, the Board may

require the medical officer or psychiatrist in charge of treatment of such person with mental

illness to submit a plan for community based treatment and the progress made, or likely to be

made, towards realising this plan.

(7) The person referred to in sub-section (4) shall not be permitted to continue in the

mental health establishment in which he had been admitted or his readmission in such

establishment merely on the ground of non-existence of community based services at the

place where such person ordinarily resides.

(8) The admission of a person with mental illness to a mental health establishment

under this section shall be limited to a period up to ninety days in the first instance.

(9) The admission of a person with mental illness to a mental health establishment

under this section beyond the period of ninety days may be extended for a period of one

hundred and twenty days at the first instance and thereafter for a period of one hundred and

eighty days each time after complying with the provisions of sub-sections (1) to (7).

(10) If the Board refuses to permit admission or continuation thereof or readmission

under sub-section (9), or on the expiry of the periods referred to in sub-section (9) or earlier

if such person no longer falls within the criteria for admission under sub-section (1), such

person shall be discharged from such mental health establishment.

(11) Every person with mental illness admitted under this section shall be provided

treatment, after taking into account—

(a) an advance directive; or

(b) informed consent of the person with the support from his nominated

representative subject to the provision of sub-section (12).

(12) If a person with mental illness admitted under this section, requires nearly

hundred per cent. support from his nominated representative, in making decision in respect

of his treatment, the nominated representative may temporarily consent to the treatment plan

of such person on his behalf.

(13) In a case where consent has been given under sub-section (12), the medical

officer or mental health professional in charge of the mental health establishment shall record

such consent in the medical records of such person with mental illness and review on the

expiry of every fortnight, the capacity of such person to give consent.

(14) A person with mental illness admitted under this section, or his nominated

representative or a representative of a registered non-governmental organisation with the

consent of the person, may apply to the concerned Board for review of the decision of the

medical officer or mental health professional in charge of medical health establishment to

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admit such person in such establishment and the decision of the Board thereon shall be

binding on all parties.

(15) Notwithstanding anything contained in this Act, if the medical officer or mental

health professional in charge of the mental health establishment is of the opinion that the

conditions under sub-section (1) are no longer applicable, such medical officer or mental

health professional shall discharge such person from such establishment and inform such

person and his nominated representative accordingly.

(16) The person with mental illness referred to in sub-section (15) may continue to

remain in the mental health establishment as an independent patient.

91. The medical officer or mental health professional in charge of the mental health

establishment may grant leave to any person with mental illness admitted under section 87 or

section 89 or section 90, to be absent from the establishment subject to such conditions, if

any, and for such duration as such medical officer or psychiatrist may consider necessary.

92. If any person to whom section 103 applies absents himself without leave or without

discharge from the mental health establishment, he shall be taken into protection by any

Police Officer at the request of the medical officer or mental health professional in-charge of

the mental health establishment and shall be sent back to the mental health establishment

immediately.

93. (1) A person with mental illness admitted to a mental health establishment under

section 87 or section 89 or section 90 or section 103, as the case may be, may subject to any

general or special order of the Board be removed from such mental health establishment and

admitted to another mental health establishment within the State or with the consent of the

Central Authority to any mental health establishment in any other State:

Provided that no person with mental illness admitted to a mental health establishment

under an order made in pursuance of an application made under this Act shall be so removed

unless intimation and reasons for the transfer have been given to the person with mental

illness and his nominated representative.

(2) The State Government may make such general or special order as it thinks fit

directing the removal of any prisoner with mental illness from the place where he is for the

time being detained, to any mental health establishment or other place of safe custody in the

State or to any mental health establishment or other place of safe custody in any other State

with the consent of the Government of that other State.

94. (1) Notwithstanding anything contained in this Act, any medical treatment, including

treatment for mental illness, may be provided by any registered medical practitioner to a

person with mental illness either at a health establishment or in the community, subject to the

informed consent of the nominated representative, where the nominated representative is

available, and where it is immediately necessary to prevent—

(a) death or irreversible harm to the health of the person; or

(b) the person inflicting serious harm to himself or to others; or

others where such behaviour is believed to flow directly from the person’s mental

illness.

Explanation.—For the purposes of this section, “emergency treatment”

includes transportation of the person with mental illness to a nearest mental health

establishment for assessment.

Leave of

absence.

Absence with-

out leave or

discharge.

Transfer of

persons with

mental

illness from

one mental

health

establish-

ment to

another

mental

health

establish-

ment.

Emergency

treatment.

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(2) Nothing in this section shall allow any medical officer or psychiatrist to give to the

person with mental illness medical treatment which is not directly related to the emergency

treatment specified under sub-section (1).

(3) Nothing in this section shall allow any medical officer or psychiatrist to use electro-

convulsive therapy as a form of treatment.

(4) The emergency treatment referred to in this section shall be limited to seventy-two

hours or till the person with mental illness has been assessed at a mental health establish-

ment, whichever is earlier:

Provided that during a disaster or emergency declared by the appropriate Government,

the period of emergency treatment referred to in this sub-section may extend up to seven

days.

95. (1) Notwithstanding anything contained in this Act, the following treatments shall

not be performed on any person with mental illness—

(a) electro-convulsive therapy without the use of muscle relaxants and

anaesthesia;

(b) electro-convulsive therapy for minors;

for mental illness;

(d) chained in any manner or form whatsoever.

(2) Notwithstanding anything contained in sub-section (1), if, in the opinion of

psychiatrist in charge of a minor’s treatment, electro-convulsive therapy is required, then,

such treatment shall be done with the informed consent of the guardian and prior permission

of the concerned Board.

96. (1) Notwithstanding anything contained in this Act, psychosurgery shall not be

performed as a treatment for mental illness unless—

(a) the informed consent of the person on whom the surgery is being performed;

and

(b) approval from the concerned Board to perform the surgery,

has been obtained.

(2) The Central Authority may make regulations for the purpose of carrying out the

provisions of this section.

97. (1) A person with mental illness shall not be subjected to seclusion or solitary

confinement, and, where necessary, physical restraint may only be used when,—

(a) it is the only means available to prevent imminent and immediate harm to

person concerned or to others;

(b) it is authorised by the psychiatrist in charge of the person’s treatment at the

mental health establishment.

(2) Physical restraint shall not be used for a period longer than it is absolutely

necessary to prevent the immediate risk of significant harm.

(3) The medical officer or mental health professional in charge of the mental health

establishment shall be responsible for ensuring that the method, nature of restraint justifica-

tion for its imposition and the duration of the restraint are immediately recorded in the

person’s medical notes.

Restriction on

psychosurgery

for

persons

with

mental

illness.

Prohibited

procedures.

Restraints and

seclusion.

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(4) The restraint shall not be used as a form of punishment or deterrent in any circum-

stance and the mental health establishment shall not use restraint merely on the ground of

shortage of staff in such establishment.

(5) The nominated representative of the person with mental illness shall be informed

about every instance of restraint within a period of twenty-four hours.

(6) A person who is placed under restraint shall be kept in a place where he can cause

no harm to himself or others and under regular ongoing supervision of the medical personnel

at the mental health establishment.

(7) The mental health establishment shall include all instances of restraint in the report

to be sent to the concerned Board on a monthly basis.

(8) The Central Authority may make regulations for the purpose of carrying out the

provisions of this section.

(9) The Board may order a mental health establishment to desist from applying restraint

if the Board is of the opinion that the mental health establishment is persistently and wilfully

ignoring the provisions of this section.

98. (1) Whenever a person undergoing treatment for mental illness in a mental health

establishment is to be discharged into the community or to a different mental health estab-

lishment or where a new psychiatrist is to take responsibility of the person’s care and

treatment, the psychiatrist who has been responsible for the person’s care and treatment

shall consult with the person with mental illness, the nominated representative, the family

member or care-giver with whom the person with mental illness shall reside on discharge

from the hospital, the psychiatrist expected to be responsible for the person’s care and

treatment in the future, and such other persons as may be appropriate, as to what treatment

or services would be appropriate for the person.

(2) The psychiatrist responsible for the person’s care shall in consultation with the

persons referred to in sub-section (1) ensure that a plan is developed as to how treatment or

services shall be provided to the person with mental illness.

(3) The discharge planning under this section shall apply to all discharges from a

mental health establishment.

99. (1) The professionals conducting research shall obtain free and informed

consent from all persons with mental illness for participation in any research involving

interviewing the person or psychological, physical, chemical or medicinal interventions.

(2) In case of research involving any psychological, physical, chemical or medicinal

interventions to be conducted on person who is unable to give free and informed consent

but does not resist participation in such research, permission to conduct such research shall

be obtained from concerned State Authority.

(3) The State Authority may allow the research to proceed based on informed consent

being obtained from the nominated representative of persons with mental illness, if the State

Authority is satisfied that––

(a) the proposed research cannot be performed on persons who are capable of

giving free and informed consent;

(b) the proposed research is necessary to promote the mental health of the

population represented by the person;

particular mental health needs of persons with mental illness;

(d) a full disclosure of the interests of persons and organisations conducting

the proposed research is made and there is no conflict of interest involved; and

Discharge plan-

ning.

Research.

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(e) the proposed research follows all the national and international guidelines

and regulations concerning the conduct of such research and ethical approval has

been obtained from the institutional ethics committee where such research is to be

conducted.

(4) The provisions of this section shall not restrict research based study of the case

notes of a person who is unable to give informed consent, so long as the anonymity of the

persons is secured.

(5) The person with mental illness or the nominated representative who gives informed

consent for participation in any research under this Act may withdraw the consent at any

time during the period of research.

CHAPTER XIII

RESPONSIBILITIES OF OTHER AGENCIES

100. (1) Every officer in-charge of a police station shall have a duty––

(a) to take under protection any person found wandering at large within the

limits of the police station whom the officer has reason to believe has mental illness

and is incapable of taking care of himself; or

(b) to take under protection any person within the limits of the police station

whom the officer has reason to believe to be a risk to himself or others by reason of

mental illness.

(2) The officer in-charge of a police station shall inform the person who has been taken

into protection under sub-section (1), the grounds for taking him into such protection or his

nominated representative, if in the opinion of the officer such person has difficulty in under-

standing those grounds.

(3) Every person taken into protection under sub-section (1) shall be taken to the

nearest public health establishment as soon as possible but not later than twenty-four hours

from the time of being taken into protection, for assessment of the person’s healthcare

needs.

(4) No person taken into protection under sub-section (1) shall be detained in the

police lock up or prison in any circumstances.

(5) The medical officer in-charge of the public health establishment shall be respon-

sible for arranging the assessment of the person and the needs of the person with mental

illness will be addressed as per other provisions of this Act as applicable in the particular

circumstances.

(6) The medical officer or mental health professional in-charge of the public mental

health establishment if on assessment of the person finds that such person does not have a

mental illness of a nature or degree requiring admission to the mental health establishment,

he shall inform his assessment to the police officer who had taken the person into protection

and the police officer shall take the person to the person’s residence or in case of homeless

persons, to a Government establishment for homeless persons.

(7) In case of a person with mental illness who is homeless or found wandering in the

community, a First Information Report of a missing person shall be lodged at the concerned

police station and the station house officer shall have a duty to trace the family of such

person and inform the family about the whereabouts of the person.

101. (1) Every officer in-charge of a police station, who has reason to believe that any

person residing within the limits of the police station has a mental illness and is being ill-

treated or neglected, shall forthwith report the fact to the Magistrate within the local limits of

whose jurisdiction the person with mental illness resides.

Duties of

police officers

in respect of

persons with

mental illness.

Report to

Magistrate of

person with

mental illness

in private

residence who

is ill-treated

or neglected.

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(2) Any person who has reason to believe that a person has mental illness and is being

ill-treated or neglected by any person having responsibility for care of such person, shall

report the fact to the police officer in-charge of the police station within whose jurisdiction

the person with mental illness resides.

(3) If the Magistrate has reason to believe based on the report of a police officer or

otherwise, that any person with mental illness within the local limits of his jurisdiction is

being ill-treated or neglected, the Magistrate may cause the person with mental illness to be

produced before him and pass an order in accordance with the provisions of section 102.

102. (1) When any person with mental illness or who may have a mental illness

appears or is brought before a Magistrate, the Magistrate may, order in writing––

(a) that the person is conveyed to a public mental health establishment for

assessment and treatment, if necessary and the mental health establishment shall deal

with such person in accordance with the provisions of the Act; or

(b) to authorise the admission of the person with mental illness in a mental health

establishment for such period not exceeding ten days to enable the medical officer or

mental health professional in charge of the mental health establishment to carry out an

assessment of the person and to plan for necessary treatment, if any.

(2) On completion of the period of assessment referred to in sub-section (1), the

medical officer or mental health professional in charge of the mental health establishment

shall submit a report to the Magistrate and the person shall be dealt with in accordance with

the provisions of this Act.

103. (1) An order under section 30 of the Prisoners Act, 1900 or under section 144 of

the Air Force Act, 1950, or under section 145 of the Army Act, 1950, or under section 143 or

section 144 of the Navy Act, 1957, or under section 330 or section 335 of the Code of Criminal

Procedure, 1973, directing the admission of a prisoner with mental illness into any suitable

mental health establishment, shall be sufficient authority for the admission of such person in

such establishment to which such person may be lawfully transferred for care and treatment

therein:

Provided that transfer of a prisoner with mental illness to the psychiatric ward in the

medical wing of the prison shall be sufficient to meet the requirements under this section:

Provided further that where there is no provision for a psychiatric ward in the medical

wing, the prisoner may be transferred to a mental health establishment with prior permission

of the Board.

(2) The method, modalities and procedure by which the transfer of a prisoner under

this section is to be effected shall be such as may be prescribed.

(3) The medical officer of a prison or jail shall send a quarterly report to the concerned

Board certifying therein that there are no prisoners with mental illness in the prison or jail.

(4) The Board may visit the prison or jail and ask the medical officer as to why the

prisoner with mental illness, if any, has been kept in the prison or jail and not transferred for

treatment to a mental health establishment.

(5) The medical officer in-charge of a mental health establishment wherein any person

referred to in sub-section (1) is detained, shall once in every six months, make a special report

regarding the mental and physical condition of such person to the authority under whose

order such person is detained.

Conveying or

admitting

person with

mental illness

to mental

health

establishment

by Magistrate.

Prisoners with

mental illness.

3 of 1900.

45 of 1950.

46 of 1950.

62 of 1957.

2 of 1974.

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(6) The appropriate Government shall setup mental health establishment in the medical

wing of at least one prison in each State and Union territory and prisoners with mental illness

may ordinarily be referred to and cared for in the said mental health establishment.

(7) The mental health establishment setup under sub-section (5) shall be registered

under this Act with the Central or State Mental Health Authority, as the case may be, and

shall conform to such standards and procedures as may be prescribed.

104. (1) If it appears to the person in-charge of a State run custodial institution

(including beggars homes, orphanages, women’s protection homes and children homes)

that any resident of the institution has, or is likely to have, a mental illness, then, he shall take

such resident of the institution to the nearest mental health establishment run or funded by

the appropriate Government for assessment and treatment, as necessary.

(2) The medical officer in-charge of a mental health establishment shall be responsible

for assessment of the person with mental illness, and the treatment required by such persons

shall be decided in accordance with the provisions of this Act.

105. If during any judicial process before any competent court, proof of mental illness

is produced and is challenged by the other party, the court shall refer the same for further

scrutiny to the concerned Board and the Board shall, after examination of the person alleged

to have a mental illness either by itself or through a committee of experts, submit its opinion

to the court.

CHAPTER XIV

RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONALS NOT COVERED BY PROFESSION

106. No mental health professional or medical practitioner shall discharge any duty or

perform any function not authorised by this Act or specify or recommend any medicine or

treatment not authorised by the field of his profession.

CHAPTER XV

OFFENCES AND PENALTIES

107. (1) Whoever carries on a mental health establishment without registration shall

be liable to a penalty which shall not be less than five thousand rupees but which may

extend to fifty thousand rupees for first contravention or a penalty which shall not be less

than fifty thousand rupees but which may extend to two lakh rupees for a second contraven-

tion or a penalty which shall not be less than two lakh rupees but which may extend to five

lakh rupees for every subsequent contravention.

(2) Whoever knowingly serves in the capacity as a mental health professional in a

mental health establishment which is not registered under this Act, shall be liable to a penalty

which may extend to twenty-five thousand rupees.

(3) Save as otherwise provided in this Act, the penalty under this section shall be

adjudicated by the State Authority.

(4) Whoever fails to pay the amount of penalty, the State Authority may forward the

order to the Collector of the district in which such person owns any property or resides or

carries on his business or profession or where the mental health establishment is situated,

and the Collector shall recover from such persons or mental health establishment the

amount specified thereunder, as if it were an arrear of land revenue.

(5) All sums realised by way of penalties under this Chapter shall be credited to the

Consolidated Fund of India.

108. Any person who contravenes any of the provisions of this Act, or of any rule or

regulation made thereunder shall for first contravention be punishable with imprisonment for

a term which may extend to six months, or with a fine which may extend to ten thousand

rupees or with both, and for any subsequent contravention with imprisonment for a term

which may extend to two years or with fine which shall not be less than fifty thousand rupees

but which may extend to five lakh rupees or with both.

Persons in

custodial

institutions.

Question of

mental illness

in judicial

process.

Restriction to

discharge

functions by

professionals

not covered

by profession.

Penalties for

establishing

or maintain-

ing mental

health

establish-

ment in

contraven-

tion of

provisions of

this Act.

Punishment

for contra-

vention of

provisions of

the Act or

rules or

regulations

made

thereunder.

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109. (1) Where an offence under this Act has been committed by a company, every

person who at the time the offence was committed was in-charge of, and was responsible to,

the company for the conduct of the business of the company, as well as the company, shall

be deemed to be guilty of the offence and shall be liable to be proceeded against and

punished accordingly:

Provided that nothing contained in this sub-section shall render any such person

liable to any punishment provided in this Act, if he proves that the offence was committed

without his knowledge or that he has exercised all due diligence to prevent the commission

of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under

this Act has been committed by a company and it is proved that the offence has been

committed with the consent or connivance of, or is attributable to, any neglect on the part of

any director, manager, secretary or other officer of the company, such director, manager,

secretary or other officer shall also be deemed to be guilty of the offence and shall be liable

to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) “company” means any body corporate and includes a firm or other association

of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

CHAPTER XVI

MISCELLANEOUS

110. (1) The Central Government may, by a general or special order, call upon the

Authority or the Board to furnish, periodically or as and when required any information

concerning the activities carried on by the Authority or the Board, as the case may be, in

such form as may be prescribed, to enable that Government, to carry out the purposes of this

Act.

(2) The State Government may, by a general or special order, call upon the State

Authority or the Board to furnish, periodically or as and when required any information

concerning the activities carried on by the State Authority or the Board in such form as may

be prescribed, to enable that Government, to carry out the purposes of this Act.

111. (1) Without prejudice to the foregoing provisions of this Act, the Authority shall,

in exercise of its powers or the performance of its functions under this Act, be bound by such

directions on questions of policy, other than those relating to technical and administrative

matters, as the Central Government may give in writing to it from time to time:

Provided that the Authority shall, as far as practicable, be given an opportunity to

express its views before any direction is given under this sub-section.

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

shall be final.

112. (1) If at any time the Central Government is of the opinion—

(a) that on account of circumstances beyond the control of the Central Authority,

it is unable to discharge the functions or perform the duties imposed on it by or under

the provisions of this Act; or

(b) that the Central Authority has persistently defaulted in complying with any

direction given by the Central Government under this Act or in the discharge of the

functions or performance of the duties imposed on it by or under the provisions of this

Act; or

do,

Offences by

companies.

Power to call

for

informa-

tion.

Power of

Central

Government

to issue

directions.

Power of

Central

Government

to supersede

Central

Authority.

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the Central Government may, by notification and for reasons to be specified therein,

supersede the Central Authority for such period, not exceeding six months, as may be

specified in the notification:

Provided that before issuing any such notification, the Central Government shall give

a reasonable opportunity to the Central Authority to make representations against the

proposed supersession and shall consider representations, if any, of the Central Authority.

(2) Upon the publication of a notification under sub-section (1), superseding the

Central Authority,—

(a) the chairperson and other members shall, as from the date of supersession,

vacate their offices as such;

(b) all the powers, functions and duties which may, by or under the provisions of

this Act, be exercised or discharged by or on behalf of the Central Authority shall, until

the Central Authority is reconstituted under sub-section (3), be exercised and

discharged by the Central Government or such authority as the Central Government

may specify in this behalf;

Central Authority is reconstituted under sub-section (3), vest in the Central

Government.

(3) On or before the expiration of the period of supersession specified in the notification

issued under sub-section (1), the Central Government shall reconstitute the Central Authority

by a fresh appointment of its chairperson and other members and in such case any person

who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be

disqualified for re-appointment.

(4) The Central Government shall cause a notification issued under sub-section (1)

and a full report of any action taken under this section and the circumstances leading to such

action to be laid before each House of Parliament at the earliest.

113. (1) If at any time the State Government is of the opinion—

(a) that on account of circumstances beyond the control of the State Authority,

it is unable to discharge the functions or perform the duties imposed on it by or under

the provisions of this Act; or

(b) that the State Authority has persistently defaulted in complying with any

direction given by the State Government under this Act or in the discharge of the

functions or performance of the duties imposed on it by or under the provisions of this

Act; or

do,

the State Government may, by notification and for reasons to be specified therein, supersede

the State Authority for such period, not exceeding six months, as may be specified in the

notification:

Provided that before issuing any such notification, the State Government shall give a

reasonable opportunity to the State Authority to make representations against the proposed

supersession and shall consider representations, if any, of the State Authority.

(2) Upon the publication of a notification under sub-section (1) superseding the State

Authority,—

(a) the chairperson and other members shall, as from the date of supersession,

vacate their offices as such;

Power of

State

Government

to supersede

State

Authority.

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(b) all the powers, functions and duties which may, by or under the provisions of

this Act, be exercised or discharged by or on behalf of the State Authority shall, until

the State Authority is reconstituted under sub-section (3), be exercised and discharged

by the State Government or such authority as the State Government may specify in

this behalf;

Authority is reconstituted under sub-section (3), vest in the State Government.

(3) On or before the expiration of the period of supersession specified in the notification

issued under sub-section (1), the State Government shall reconstitute the State

Authority by a fresh appointment of its chairperson and other members and in such case any

person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to

be disqualified for re-appointment.

(4) The State Government shall cause a notification issued under sub-section (1) and

a full report of any action taken under this section and the circumstances leading to such

action to be laid before the State Legislature at the earliest.

114. (1) Notwithstanding anything contained in this Act, the provisions of this Act

shall, taking into consideration the communication, travel and transportation difficulties,

apply to the States of Assam, Meghalaya, Tripura, Mizoram, Manipur, Nagaland, Arunachal

Pradesh and Sikkim, with following modifications, namely:—

(a) under sub-section (3) of section 73, the chairperson of the Central Authority

may constitute one or more Boards for all the States;

(b) in sub-section (2) of section 80, reference to the period of “seven days”, and

in sub-section (3) of that section, reference to the period of “twenty-one days” shall

be construed as “ten days” and “thirty days”, respectively;

hours” shall be construed as “one hundred twenty hours”, and in sub-sections (3)

and (12) of that section, reference to a period of “seven days” shall be construed as

“ten days”;

(d) in sub-section (3) of section 88, reference to the period of “twenty-four

hours” shall be construed as “seventy-two hours”;

(e) in clauses (a) and (b) of sub-section (9) of section 89, reference to the period

of “three days” and “seven days” shall be construed as “seven days” and “ten days”

respectively;

(f) in sub-section (3) of section 90, reference to the period of “seven days” and

in sub-section (4) of that section, reference to the period of “twenty-one days” shall

be construed as “ten days” and “thirty days” respectively;

(g) in sub-section (4) of section 94, reference to the period of “seventy-two

hours” shall be construed as “one hundred twenty hours”.

(2) The provisions of clauses (b) to (g) of sub-section (1) shall also apply to the States

of Uttarakhand, Himachal Pradesh and Jammu and Kashmir and the Union territories of

Lakshadweep and Andaman and Nicobar Islands.

(3) The provisions of this section shall cease to have effect on the expiry of a period of

ten years from the commencement of this Act, except as respects things done or omitted to

be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897,

shall apply as if this Act had then been repealed by a Central Act.

115. (1) Notwithstanding anything contained in section 309 of the Indian Penal Code

any person who attempts to commit suicide shall be presumed, unless proved otherwise, to

have severe stress and shall not be tried and punished under the said Code.

Special

provisions for

States in

north-east

and hill

States.

Presumption of

severe stress in

case of attempt

to commit

suicide.

45 of 1860.

10 of 1897.

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(2) The appropriate Government shall have a duty to provide care, treatment and

rehabilitation to a person, having severe stress and who attempted to commit suicide, to

reduce the risk of recurrence of attempt to commit suicide.

116. No civil court shall have jurisdiction to entertain any suit or proceeding in

respect of any matter which the Authority or the Board is empowered by or under this Act to

determine, and no injunction shall be granted by any court or other authority in respect of

any action taken or to be taken in pursuance of any power conferred by or under this Act.

117. The Central Government may, if it considers so necessary in the interest of

persons with mental illness being governed by the Mental Health Act, 1987, take appropriate

interim measures by making necessary transitory schemes.

118. The chairperson, and other members and the officers and other employees of the

Authority and Board shall be deemed to be public servants within the meaning of section 21

of the Indian Penal Code.

119. No suit, prosecution or other legal proceeding shall lie against the appropriate

Government or against the chairperson or any other member of the Authority or the Board, as

the case may be, for anything which is in good faith done or intended to be done in pursu-

ance of this Act or any rule or regulation made thereunder in the discharge of official duties.

120. The provisions of this Act shall have overriding effect notwithstanding anything

inconsistent therewith contained in any other law for the time being in force or in any

instrument having effect by virtue of any law other than this Act.

121. (1) The Central Government may, by notification, make rules for carrying out the

provisions of this Act.

(2) Subject to the provisions of sub-section (1), the State Government may, with the

previous approval of the Central Government, by notification, make rules for carrying out the

provisions of this Act:

Provided that the first rules shall be made by the Central Government, by notification.

(3) In particular, and without prejudice to the generality of the foregoing power, rules

made under sub-section (1) may provide for all or any of the following matters, namely:—

(a) qualifications relating to clinical psychologist under sub-clause (ii) of clause

(f) of sub-section (1) of section 2;

(b) qualifications relating to psychiatric social worker under clause (w) of

sub-section (1) of section 2;

sub-section (2) of section 34;

(d) the salaries and allowances payable to, and the other terms and conditions of

service of, the chairperson and other members of the Central Authority under

sub-section (3) of section 35;

(e) the procedure for registration (including the fees to be levied for such

registration) of the mental health establishments under sub-section (2) of section 43;

(f) the manner of nomination of members of the State Authority under

sub-section (2) of section 46;

Bar of jurisdic-

tion.

Transitory

provisions.

Chairperson,

members and

staff of

Authority

and Board to

be public

servants.

Protection of

action taken

in good faith.

Act to have

overriding

effect.

Power of

Central

Government

and State

Governments

to make

rules.

45 of 1860.

14 of 1987.

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(g) the salaries and allowances payable to, and the other terms and conditions of

service of, the chairperson and other members of the State Authority under

sub-section (3) of section 47;

(h) the procedure for registration (including the fees to be levied for such

registration) of the mental health establishments under sub-section (2) of section 55;

(i) the form of accounts and other relevant records and annual statement of

accounts under sub-section (1) of section 59;

(j) the form in, and the time within which, an annual report shall be prepared

under section 60;

(k) the form of accounts and other relevant records and annual statement of

accounts under sub-section (1) of section 63;

(l) the form in, and the time within which, an annual report shall be prepared

under section 64;

(m) manner of constitution of the Board by the State Authority for a district or

groups of districts in a State;

(n) other disqualifications of chairperson or members of the Board under clause (e)

of sub-section (2) of section 82;

(o) any other matter which is required to be, or may be, specified by rules or in

respect for which provision is to be made by rules.

(4) In particular, and without prejudice to the generality of the foregoing power, rules

made under sub-section (2) may provide for all or any of the following matters, namely:—

(a) the manner of proof of mental healthcare and treatment under

sub-section (1) of section 4;

(b) provision of half-way homes, sheltered accommodation and supported

accommodation under clause (b) of sub-section (4) of section 18;

under clause (d) of sub-section (4) of section 18;

(d) basic medical records of which access is to be given to a person with mental

illness under sub-section (1) of section 25;

(e) custodial institutions under sub-section (2) of section 27;

(f) the form of application to be submitted by the mental health establishment

with the undertaking that the mental health establishment fulfils the minimum standards,

if any, specified by the Authority, under the Explanation to sub-section (2) of

section 65;

(g) the form of certificate of registration under sub-section (3) of section 65;

(h) the form of application, the details, the fees to be accompanied with it under

sub-section (1) of section 66;

(i) the form of certificate of provisional registration containing particulars and

information under sub-section (4) of section 66;

(j) the fees for renewal of registration under sub-section (11) of section 66;

(k) the person or persons (including representatives of the local community) for

the purpose of conducting an audit of the registered mental health establishments

under sub-section (1) and fees to be charged by the Authority for conducting such

audit under sub-section (2) of section 67;

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(l) the person or persons for the purpose of conducting and inspection or

inquiry of the mental health establishments under sub-section (1) of section 68;

(m) the manner to enter and search of a mental health establishment operating

without registration under sub-section (6) of section 68;

(n) the fees for issuing a duplicate certificate under sub-section (2) of section 70;

(o) the form and manner in which the Authority shall maintain in digital format a

so granted in a separate register to be maintained under section 71;

(p) constitution of the Boards under sub-section (3) of section 73;

(q) the honorarium and other allowances payable to, and the other terms and

conditions of service of, the chairperson and members of the Board under sub-section (3)

of section 75;

(r) method, modalities and procedure for transfer of prisoners under sub-section (2)

of section 103;

(s) the standard and procedure to which the Central or State Health Authority

shall confirm under sub-section (6) of section 103;

(t) the form for furnishing periodical information under section 110; and

(u) any other matter which is required to be, or may be, specified by rules or in

respect for which provision is to be made by rules.

122. (1) The Central Authority may, by notification, make regulations, consistent with

the provisions of this Act and the rules made thereunder, to carry out the provisions

of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such

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

(a) manner of making an advance directive under section 6;

(b) additional regulations, regarding the procedure of advance directive to protect

the rights of persons with mental illness under sub-section (3) of section 12;

service (including the qualifications, experience and manner of appointment) of, the

chief executive officer and other officers and employees of the Central Authority under

sub-section (3) of section 40;

(d) the times and places of meetings of the Central Authority and rules of

procedure in regard to the transaction of business at its meetings (including quorum at

such meetings) under sub-section (1) of section 44;

(e) the minimum standards of facilities and services under clause (a) of

sub-section (4) of section 65;

(f) the minimum qualifications for the personnel engaged in mental health

establishment under clause (b) of sub-section (4) of section 65;

(g) provisions for maintenance of records and reporting under clause (c) of

sub-section (4) of section 65;

(h) any other conditions under clause (d) of sub-section (4) of section 65;

(i) categories of different mental health establishment under clause (a) of

sub-section (5) of section 65;

(j) the form of application to be made by the mental health establishment and the

fees to be accompanied with it under sub-section (12) of section 66;

Power of

Central

Authority to

make

regulations.

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(k) manner of submitting evidence under sub-section (13) of section 66;

(l) the manner of filing objections under sub-section (14) of section 66;

(m) the time and places and rules of procedure in regard to the transaction of

business at its meetings to be observed by the Central Authority and the Board under

section 87;

(n) regulations under sub-section (2) of section 96 and under sub-section (8) of

section 97;

(o) any other matter which is required to be, or may be, specified by regulations

or in respect of which provision is to be made by regulations.

123. (1) The State Authority may, by notification, make regulations, consistent with

the provision of this Act and the rules made thereunder, to carry out the provisions of

this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such

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

(a) the minimum quality standards of mental health services under sub-section (9)

of section 18;

(b) the salaries and allowances payable to, and the other terms and conditions of

service (including the qualifications, experience and manner of appointment) of the

chief executive officer and other officers and employees of the State Authority under

sub-section (3) of section 52;

mental health professionals under clause (d) of sub-section (1) of section 55;

(d) the times and places of meetings of the State Authority and rules of procedure

in regard to the transaction of business at its meetings (including quorum at such

meetings) under sub-section (1) of section 56;

(e) the form of application to be made by the mental health establishment and

the fees to be accompanied with it under sub-section (12) of section 66;

(f) the manner of filing objections under sub-section (14) of section 66;

(g) any other matter which is required to be, or may be, specified by regulations

or in respect of which provision is to be made by regulations.

124. (1) Every rule made by the Central Government and every regulation made by the

Central Authority 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 regulation, as the case may be, or

both Houses agree that the rule or regulation, as the case may be, should not be made, the

rule or regulation, as the case may be, 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, as the case may be.

(2) Every rule made by the State Government and every regulation made by the State

Authority under this Act 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.

125. (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 be necessary or expedient for

removing the difficulty:

Power of

State

Authority to

make

regulations.

Laying of

rules and

regulations.

Power to

remove

difficulties.

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Provided that no order shall be made under this section after the expiry of two years

from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid

before each House of Parliament.

126. (1) The Mental Health Act, 1987 is hereby repealed.

(2) Notwithstanding such repeal,––

(a) anything done or any action taken or purported to have been done or taken

(including any rule, notification, inspection, order or declaration made or any document

or instrument executed or any direction given or any proceedings taken or any penalty

or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the

provisions of this Act, be deemed to have been done or taken under the corresponding

provisions of this Act;

(b) the Central Authority for Mental Health Services, and the State Authority for

Mental Health Services established under the repealed Act shall, continue to function

under the corresponding provisions of this Act, unless and until the Central

Authority and the State Authority are constituted under this Act;

the State Authority for Mental Health Services or any person appointed as the visitor

under the repealed Act and holding office as such immediately before the

commencement of this Act, shall, on such commencement continue to hold their

respective offices under the corresponding provisions of this Act, unless they are

removed or until superannuated;

(d) any person appointed under the provisions of the repealed Act and holding

office as such immediately before the commencement of this Act, shall, on such

commencement continue to hold his office under the corresponding provisions of this

Act, unless they are removed or until superannuated;

(e) any licence granted under the provisions of the repealed Act, shall be deemed

to have been granted under the corresponding provisions of this Act unless the same

are cancelled or modified under this Act;

(f) any proceeding pending in any court under the repealed Act on the

commencement of this Act may be continued in that court as if this Act had not been

enacted;

(g) any appeal preferred from the order of a Magistrate under the repealed Act

but not disposed of before the commencement of this Act may be disposed of by the

court as if this Act had not been enacted.

(3) The mention of the particular matters in sub-section (2) shall not be held to prejudice

or affect the general application of section 6 of the General Clauses Act, 1897 with regard to

the effect of repeal.

Repeal and

saving.

10 of 1897.

14 of 1897.

P.R. 52

SC - 20

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DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

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MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 26th May, 2017

S.O. 1701(E).—WHEREAS, a draft notification was published in the Gazette of India, Extraordinary, vide

notification of the Government of the India in the Ministry of Environment, Forest and Climate Change number S.O. 3226(E),

dated the 1

st December, 2015, inviting objections and suggestions from all persons likely to be affected thereby within

the period of sixty days from date on which copies of the Gazette containing the said notification were made available to

the public;

And Whereas, copies of the Gazette were made available to the public on the dated the 1

st December, 2015;

And Whereas, objections and suggestions received from persons and stakeholders in response to the draft

notification duly considered by the Central government.;

And Whereas, the Brahmagiri Wildlife Sanctuary was formed by including the entire forest areas of

Brahmagiri Ghat and Urti reserve forests in the year 1974. The State Government vide its Notification No. AFD.50 FWL;74

Dated 05-06-1974 notified an area of 181.29 square kilometres as Brahmagiri Wildlife Sanctuary under the provisions

of the Sub-Section (1) of Section 18 of the Wildlife (Protection) Act, 1972.

And Whereas, Brahmagiri Wildlife Sanctuary is situated in Southern side of Kodagu district in the State of

Karnataka and lies between North latitude 11

 55

 to 12

 19

 and East longitude 75

 44

 to 76

 04

;

And Whereas, the Brahmagiri Wildlife Sanctuary lies in the core of Western Ghats and is characterized by

rugged terrain with slopes varying from 1% to more than 35% slope and it is a high rain fall ranging between 2500 mm

to 6000 mm per year;

And Whereas, the Sanctuary supports rich biodiversity with high rate of endemism and is also home for

critically endangered species. The important animals found in the sanctuary include Tiger (Panthera tigris), Leopard

(Leopard Panthera pardus), Wild Dog (Cuon alpines), Asiatic Elephant (Elephas maximus), Gaur or Indian Bison (Bos

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gaurus), Sambar (Rusa unicolor), Barking deer (Muntiacus muntjak), Lion Tailed Macaque (Macaque silenus), Nilgiri

Langur (Trachypithecus johnii), Nilgiri Marten (Martes gwatkinsii), Brown Palm Civet (Paradoxurus jerdoni), Leopard

Cat (Prionailurus bengalensis), Slender Loris (Loris lydekkerianus), Travancore Flying Squirrel (Petinomys

fuscocapillus), King Cobra (Ophiophagus Hannah), Indian Rock Python (Python molurus molurus), and Malabar Pied

Hornbill (Anthracoceros coronatus), Malabar Grey Hornbill (Ocyceros griseus), Malabar Trogon (Harpactes fasciatus),

Malabar Whistling Thrush (Myophonus horsfieldii), Wayanad Laughing Thrush (Garrulax delesserti), White-bellied

Tree-pie (Dendrocitta leucogastra), Hill Myna (Gracula religiosa), etc. The Sanctuary is catchment for River Cauvery

which is an important River of Karnataka and Lakshmanthirtha and Ramathirtha are the tributaries of River Cauvery that

originates from Brahmagiri Wildlife Sanctuary and many perennial streams also originate from the Sanctuary;

And Whereas, the Sanctuary forms an important corridor for large mammals like Asiatic Elephant (Elephas

maximus) and Tiger (Panthera tigris) to move between Nagarahole National Park and Talacauvery Wildlife Sanctuary in

Karnataka and Wynad and Aralam Wildlife Sanctuaries in KeralaState and also forms part of the Mysore Elephant

Reserve declared under the Project Elephant;

And Whereas, the sanctuary has a very high Floral and Faunal diversity, the sanctuary consists of evergreen

and semi-evergreen forests interspersed with shola grasslands and the vegetation comprises of very important species like

Dipterocarpus indicus, Antiaris toxicaria, Kingiodendron pinnatum, Diospyrous ebenum, Bischofia javanica,

Calophyllum apetalum, Cinnamomum zeylanicum, Dalbergia latifolia, Pterocarpus marsupium, Elaeocarpus sp.,

Myrstica sp., Garcinia sp., Machilus macarantha, Mesua ferrea, Hopea parviflora, Dysoxylum malabaricum, Cannarium

strictum, Gnetum ula, etc.

And Whereas, it is necessary to conserve and protect the area, the extent and boundaries of which are specified

in paragraph 1 of this notification around the protected area of Brahmagiri Wildlife Sanctuary as Eco-sensitive Zone

from ecological and environmental point of view and to prohibit industries or class of industries and their operations and

processes in the said Eco-sensitive Zone.

Now Therefore, in exercise of the powers conferred by sub section (1) and clauses (v) and (xiv) of sub-section

(2) and sub-section (3) of section 3 of the Environment (Protection) Act 1986 (29 of 1986) read with sub-rule (3) of rule

5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies an area of Brahmagiri Wildlife

Sanctuary in the State of Karnataka as the Brahmagiri Wildlife Sanctuary Eco-sensitive Zone (herein after referred to as

the Eco-sensitive Zone) details of which are as under, namely:-

1. Extent and Boundaries of Eco-sensitive Zone.— (1) The total geographical area of Eco-sensitive Zone is 136.60

square kilometers (excluding enclosures) with an extentvarying from 1 to 15 kilometres around the boundary of

Brahmagiri Wildlife Sanctuary. The boundary description of the Eco-sensitive Zone is given in Annexure– I.

(2) The map of Eco-sensitive Zone boundary together with latitudes longitudes is appended as Annexure II;

(3) The Geo Coordinates of major points on the boundary of Brahmagiri Wildlife Sanctuary and on the boundary of Eco-

sensitive Zone boundary is appended as Annexure-III.

(4) The list of villages and the details of reserved forest areas falling within the Eco-sensitive Zone is given at Annexure-

IV.

Zonal Master Plan for the Eco-sensitive Zone.—(1) The State Government shall, for the purpose of the Eco-

sensitive Zone prepare, a Zonal Master Plan, within a period of two years from the date of publication of final

notification in the Official Gazette, in consultation with local people and adhering to the stipulations given in

this notification for approval of Competent Authority in the State Government.

(2) The Zonal Master Plan for the Eco-sensitive Zone shall be prepared by the State Government in such manner

as is specified in this notification and also in consonance with the relevant Central and State laws and the

guidelines issued by the Central Government, if any.

(3) The Zonal Master Plan shall be prepared in consultation with the following State Departments, for

integrating the ecological and environmental considerations into the said plan; namely:-

Environment;

ii.

Forest and Wildlife;

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iii.

Agriculture;

iv.

Revenue;

Urban Development;

vi.

Tourism;

vii.

Rural Development;

viii.

Irrigation and Flood Control;

ix.

Municipal;

Panchayati Raj;

xi.

Public Works Department.

(4) The Zonal Master Plan shall not impose any restriction on the approved existing land use, infrastructure and

activities, unless so specified in this notification and the Zonal Master Plan shall factor in improvement of all

infrastructure and activities to be more efficient and eco-friendly.

(5) The Zonal Master Plan shall provide for restoration of denuded areas, conservation of existing water bodies,

management of catchment areas, watershed management, groundwater management, soil and moisture

conservation, needs of local community and such other aspects of the ecology and environment that need

attention.

(6) The Zonal Master Plan shall demarcate all the existing worshipping places, villages and urban settlements,

types and kinds of forests, agricultural areas, fertile lands, green area, such as, parks and like places,

horticultural areas, orchards, lakes and other water bodies and also with supporting maps. The Plan shall be

supported by Maps giving details of existing and proposed land use features.

(7) The Zonal Master Plan shall regulate development in Eco-sensitive Zone and adhere to prohibited, regulated

activities listed in Table and also ensure and promote eco-friendly development for livelihood security of local

communities.

(8) The Zonal Master Plan shall be co-terminus with the Regional Development Plan.

(9) The Zonal Master Plan so approved shall be the reference document for the Monitoring Committee for

carrying out its functions of monitoring in accordance with the provisions of this notification.

Measures to be taken by State Government.—The State Government shall take the following measures for

giving effect to the provisions of this notification, namely:-

(1) Landuse.—(a) Forests, horticulture areas, agricultural areas, parks and open spaces earmarked for recreational

purposes in the Eco-sensitive Zone shall not be used or converted into areas for major commercial or major

residential complex or industrial activities:

Provided that the conversion of agricultural and other lands, for the purpose other than that specified at part (a),

within the Eco-sensitive Zone may be permitted on the recommendation of the Monitoring Committee, and with the

prior approval of the competent authority under Regional Town Planning Act and other rules and regulations of

Central/State Government as applicable and vide provisions of this Notification, to meet the residential needs of the

local residents such as:

(i) Widening and strengthening of existing roads and construction of new roads;

(ii) Construction and renovation of infrastructure and civic amenities;

(iii) Small scale industries not causing pollution;

(iv) Cottage industries including village industries; convenience stores and local amenities supporting eco-tourism

including home stay; and

(v) Promoted activities and given under para 4:

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Provided further that no use of tribal land shall be permitted for commercial and industrial development

activities without the prior approval of the competent authority under Regional Town Planning Act and other rules

and regulations of State Government and without compliance of the provisions of article 244 of the Constitution or

the law for the time being in force, including the Scheduled Tribes and other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006 (2 of 2007):

Provided also that any error appearing in the land records within the Eco-sensitive Zone shall be corrected by

the State Government, after obtaining the views of Monitoring Committee, once in each case and the correction of

said error shall be intimated to the Central Government in the Ministry of Environment, Forest and Climate Change:

Provided also that the above correction of error shall not include change of land use in any case except as

provided under this sub-paragraph.

(b) Efforts shall be made to reforest the unused or unproductive agricultural areas with afforestation and habitat

restoration activities.

(2) Natural water bodies.—The catchment areas of all natural springs or rivers or channels shall be identified and plans

for their conservation and rejuvenation shall be incorporated in the Zonal Master Plan.

(3) Tourism/ Eco-tourism.—(a) All new eco-tourism activities or expansion of existing tourism activities within the

Eco-Sensitive Zone shall be as per the Tourism Master Plan for the Eco-sensitive Zone.

(b) The Eco-Tourism Master Plan shall be prepared by Department of Tourism in consultation with State Departments of

Environment and Forests.

(d) The activities of eco-tourism shall be regulated as under, namely:—

(i) No new construction of hotels and resorts shall be allowed within 1 km from the boundary of the Wildlife Sanctuary

or upto the extent of the ESZ whichever is nearer. However, beyond the distance of 1 km from the boundary of the

Wildlife Sanctuary till the extent of the Eco-sensitive Zone, the establishment of new hotels and resorts shall be

allowed only in pre-defined and designated areas for Eco-tourism facilities as per Tourism Master Plan.

(ii) all new tourism activities or expansion of existing tourism activities within the Eco-sensitive Zone shall be in

accordance with the guidelines issued by the Central Government in the Ministry of Environment, Forest and Climate

Change and the eco-tourism guidelines issued by National Tiger Conservation Authority (as amended from time to time)

with emphasis on eco-tourism;

(iii) Until the Zonal Master Plan is approved, development for tourism and expansion of existing tourism activities shall

be permitted by the concerned regulatory authorities based on the actual site specific scrutiny and recommendation of the

Monitoring Committee and no new hotel /resort or commercial establishment construction is permitted within ESZ area.

(4) Natural Heritage.—All sites of valuable natural heritage in the Eco-sensitive Zone, such as the gene pool reserve

areas, rock formations, waterfalls, springs, gorges, groves, caves, points, walks, rides, cliffs, etc. shall be identified and a

heritage conservation plan shall be drawn up for their preservation and conservation as a part of the Zonal Master Plan.

(5) Man-made heritage sites.—Buildings, structures, artefacts, areas and precincts of historical, architectural, aesthetic,

and cultural significance shall be indentified in the Eco-sensitive Zone and heritage conservation plan for their

conservation shall be prepared as part Zonal Master Plan.

(6) Noise pollution.—Prevention and Control of noise pollution in the Eco-sensitive Zone shall be complied with in

accordance with Noise Pollution (Regulation And Control) Rules, 2000 under the Environment (Protection) Act, 1986

and amendments thereto.

(7) Air pollution.—Prevention and control of air pollution in the Eco-sensitive Zone shall be complied with in

accordance with the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and rules made

thereunder and amendments thereto.

(8) Discharge of effluents.—Discharge of treated effluent in Eco-sensitive Zone shall be in accordance with the

provisions of the General Standards for Discharge of Environmental Pollutants covered under the Environmental

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(Protection) Act, 1986 and rules made thereunder or standards stipulated by State Government whichever is more

stringent.

(9) Solid wastes.—Disposal and Management of solid wastes shall be as under:-

(a) the solid waste disposal and management in Eco-sensitive Zone shall be carried out in accordance with the Solid

Waste Management Rules, 2016 and published by the Government of India in the Ministry of Environment, Forests and

Climate Change vide notification number S.O. 1357(E), dated 8th April, 2016 as amended from time to time;

the inorganic material may be disposed in an environmental acceptable manner at site identified outside the Eco-sensitive

Zone;

(b) No burning or incineration of solid wastes and establishment of landfills shall be permitted in the Eco-sensitive Zone.

(10) Bio-medical waste.—Bio medical waste management shall be as under:

(a) The bio-medical waste disposal in the Eco-sensitive Zone shall be carried out in accordance with the Bio-

Medical Waste Management Rules, 2016 published by the Government of India in the Ministry of Environment, Forest

and Climate Change vide Notification number GSR 343 (E), dated the 28th March, 2016 as amended from time to time.

(b) No common treatment facility or incineration shall be permitted within the Eco Sensitive Zone.

(11) Plastic Waste Management.—The Plastic Waste Management in the Eco-sensitive Zone shall be carried out as per

the provisions of the Plastic Waste Management Rules, 2016 published by the Government of India in the Ministry of

Environment, Forest and Climate Change vide notification number G.S.R. 340(E), dated the 18th March, 2016, as

amended from time to time.

(12) Construction and Demolition Waste Management.—The Construction and Demolition Waste Management in

the Eco-sensitive Zone shall be carried out as per the provisions of the Construction and Demolition Waste Management

Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and Climate Change vide

notification number G.S.R. 317(E), dated the 29th March, 2016, as amended from time to time.

(13) E-waste.—The E- Waste Management in the Eco-sensitive Zone shall be carried out as per the provisions of the E-

Waste Management Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and

Climate Change and as amended from time to time.

(14) Vehicular traffic.—The vehicular movement of traffic shall be regulated in a habitat friendly manner and specific

provisions in this regard shall be incorporated in the Zonal Master Plan and till such time as the Zonal Master plan is

prepared and approved by the Competent Authority in the State Government, the Monitoring Committee shall monitor

compliance of vehicular movement under the relevant Acts and the rules and regulations made thereunder.

(15) Vehicular Pollution.—Prevention and control of Vehicular Pollution shall be complied with in accordance with

applicable laws. Efforts to be made for use of cleaner fuel for example CNG, LPG, etc.

(16) Industrial Units.—(i) On or after the publication of this notification in the Official Gazette, no new polluting

industries shall be allowed to be set up within the Eco-sensitive Zone.

(ii) Only non-polluting industries shall be allowed within ESZ as per classification of Industries in the Guidelines issued

by Central Pollution Control Board in February 2016, unless so specified in this notification. In addition, non-polluting

cottage industries shall be promoted.

(17) Protection of Hill Slopes.—The protection of hill slopes shall be as under:

(a)

The Zonal Master Plan shall indicate areas on hill slopes where no construction shall be permitted.

(b)

No construction on existing steep hill slopes or slopes with a high degree of erosion shall be permitted.

(18) The Central Government and the State Government shall specify other additional measures, if it considers necessary,

in giving effect to the provisions of this notification.

List of activities prohibited or to be regulated within the Eco-sensitive Zone.—All activities in the Eco

sensitive Zone shall be governed by the provisions of the Environment (Protection) Act, 1986 (29 of 1986) and the rules

made there under including the Coastal Regulation Zone 2011 and the Environmental Impact Assessment (EIA)

Notification, 2006 and other applicable laws including the Forest (Conservation) Act, 1980 (69 of 1980), the Indian

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Forest Act, 1927 (16 of 1927), the Wildlife (Protection) Act 1972 (53 of 1972), and amendments made thereto and be

regulated in the manner specified in the Table below, namely:—

TABLE

Sl. No.

Activity

Remark

(1)

(2)

(3)

A. Prohibited Activities

Commercial Mining.

(a) All new and existing (minor and major minerals), stone quarrying and

crushing units are prohibited with immediate effect except for meeting

the domestic needs of bona fide local residents including digging of earth

for construction or repair of houses and for manufacture of country tiles

or bricks for housing and for other activities.

(b) The mining operations shall be carried out in accordance with the

order of the Hon’ble Supreme Court dated the 4^th August, 2006 in the

matter of T.N. Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of

1995 and dated the 21^st April, 2014 in the matter of Goa Foundation Vs.

UOI in W.P.(C) No.435 of 2012.

Setting of industries causing

pollution (Water, Air, Soil,

Noise, etc.).

No new industries and expansion of existing polluting industries in the

Eco-sensitive zone shall be permitted.

Only non-polluting industries shall be allowed within Eco-sensitive Zone

as per classification of Industries in the Guidelines issued by Central

Pollution Control Board in February 2016, unless so specified in this

notification. In addition, non-polluting cottage industries shall be

promoted.

Establishment of major

hydroelectric project.

Prohibited (except as otherwise provided) as per applicable laws.

Use or production or processing

of any hazardous substances.

Prohibited (except as otherwise provided) as per applicable laws.

Discharge of untreated effluents

in natural water bodies or land

area.

Prohibited (except as otherwise provided) as per applicable laws.

Establishment of solid waste

disposal

site

and

common

incineration facility for solid and

bio medical waste.

No new solid waste disposal site and waste treatment/processing facility

of solid waste is permitted within Eco sensitive zone. Further installation

of common or individual incineration facility for treatment of any form of

solid

waste

generated

from

industrial

process

and

health

establishment/hospitals etc. is Prohibited.

Establishment of large-scale

commercial livestock and poultry

farms by firms, corporate,

companies.

Prohibited (except as otherwise provided) as per applicable laws except

for meeting local needs.

Setting of new saw mills.

No new or expansion of existing saw mills shall be permitted within the

Eco-sensitive Zone.

Setting up of brick kilns.

Prohibited (except as otherwise provided) as per applicable laws.

10.

Commercial use of fire wood.

Prohibited (except as otherwise provided) as per applicable laws.

B. Regulated Activities

11.

Commercial establishment of hotels

and resorts.

No new commercial hotels and resorts shall be permitted within one

kilometre of the boundary of the Protected Area or upto the extent of

Eco-sensitive zone, whichever is nearer, except for small temporary

structures for Eco-tourism activities.

Provided that, beyond one kilometre from the boundary of the

protected Area or upto the extent of Eco-sensitive zone whichever is

nearer, all new tourist activities or expansion of existing activities

shall be in conformity with the Tourism Master Plan and guidelines as

applicable.

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12.

Construction activities

(a) No new commercial construction of any kind shall be permitted

within one Kilometre from the boundary of the Protected Area or upto

extent of the Eco-sensitive Zone whichever is nearer:

Provided that, local people shall be permitted to undertake

construction in their land for their use including the activities

listed in sub paragraph (1) of paragraph 3 as per building byelaws

to meet the residential needs of the local residents such as:

(i) Widening and strengthening of existing roads and

construction of new roads;

(ii) Construction and renovation of infrastructure and civic

amenities;

(iii) Small scale industries not causing pollution termed as per

Classification done by Central Pollution Control Board of

February 2016;

(iv) Cottage industries including village industries; convenience

stores and local amenities supporting eco-tourism including

home stays; and

(v) Promoted activities listed in this Notification.

Provided that the construction activity related to small scale

industries not causing pollution shall be regulated and kept at the

minimum, with the prior permission from the competent authority as

per applicable rules and regulations, if any.

(b) Beyond one kilometre it shall be regulated as per the Zonal

Master Plan.

13.

Small scale non polluting industries.

Non polluting industries as per classification of industries issued by

the Central Pollution Control Board in February 2016 and non-

hazardous, small-scale and service industry, agriculture, floriculture,

horticulture or agro-based industry producing products from

indigenous materials from the Eco-sensitive Zone shall be permitted

by the competent Authority.

14.

Felling of Trees.

(a) There shall be no felling of trees on the forest or Government or

revenue or private lands without prior permission of the competent

authority in the State Government.

(b) The felling of trees shall be regulated in accordance with the

provisions of the concerned Central or State Act and the rules made

thereunder.

15.

Collection of Forest produce or Non-

Timber Forest Produce (NTFP).

Regulated under applicable laws.

16.

Erection

electrical

and

communication towers and laying of

cables and other infrastructures.

Regulated under applicable law. Underground cabling may be

promoted.

17.

Infrastructure

including

civic

amenities.

Shall be done with mitigation measures, as per applicable laws, rules

and regulation and available guidelines.

18.

Widening

and

strengthening

existing roads and construction of

new roads.

Shall be done with mitigation measures, as per applicable laws, rules

and regulation and available guidelines.

19.

Under taking other activities related

to tourism like over flying the ESZ

area by hot air balloon, helicopter,

drones, Microlites, etc.

Regulated under applicable law.

20.

Protection of Hill Slopes and river

banks.

Regulated under applicable laws.

21.

Movement of vehicular traffic at

night.

Regulated for commercial purpose under applicable laws.

22.

Ongoing agriculture and horticulture

practices by local communities along

with

dairies,

dairy

farming,

aquaculture and fisheries.

Permitted under applicable laws for use of locals.

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5. Monitoring Committee.—In exercise of the powers conferred by sub-section (3) of section 3 of the Environment

(Protection) Act, 1986 (29 of 1986), the Central Government hereby constitutes a Monitoring Committee for a period of

three years, for effective monitoring of the Eco-sensitive Zone, which shall comprise of, namely:-

(i) Regional Commissioner, Mysore – Chairman

(ii) Hon’ble Member of Legislative Assembly, Virajpet Constituency, Kodagu District – Member

(Subject to the State Government of Karnataka obtaining relevant approvals inter alia including permission

from the Speaker of Legislative Assembly, Karnataka, if required)

(iii) Representative of the Department of Environment, Government of Karnataka – Member;

(iv) Representative of the Department of Urban Development, Government of Karnataka –Member;

(v) Representative of Non-governmental Organizations working in the field of nature conservation (including

heritage conservation) to be nominated by the Govt. of Karnataka for three years– Member;

(vi) The Regional Officer, Karnataka State Pollution Control Board, Mysore – Member;

(vii) One expert in Ecology from reputed Institution or University of the State of Karnataka to be nominated by the

Govt. of Karnataka for three years – Member.

23.

Discharge

treated

waste

water/effluents

natural

water

bodies or land area.

The discharge of treated waste water/effluents shall be avoided to

enter into the water bodies. Efforts to be made for recycle and reuse

of treated waste water. Otherwise the discharge of treated waste

water/effluent shall be regulated as per applicable laws.

24.

Commercial extraction of surface

and ground water.

Regulated under applicable law.

25.

Open Well, Bore Well etc. for

agriculture or other usage.

Regulated and the activity should be strictly monitored by the

appropriate authority.

26.

Solid Waste Management.

Regulated under applicable laws.

27.

Introduction of Exotic species.

Regulated under applicable laws.

28.

Eco-tourism.

Regulated under applicable laws.

29.

Use of polythene bags.

Regulated under applicable laws.

30.

Commercial

Sign

boards

and

hoardings.

Regulated under applicable laws.

C. Promoted Activities

31.

Rain water harvesting.

Shall be actively promoted.

32.

Organic farming.

Shall be actively promoted.

33.

Adoption of green technology for all

activities.

Shall be actively promoted.

34.

Cottage industries including village

artisans, etc.

Shall be actively promoted.

35.

Use of renewable energy and fuels.

Bio gas, solar light etc. to be actively promoted.

36.

Agro-Forestry.

Shall be actively promoted.

37.

Use of eco-friendly transport.

Shall be actively promoted.

38.

Skill Development.

Shall be actively promoted.

39.

Restoration of Degraded Land/ Forests/

Habitat.

Shall be actively promoted.

40.

Environmental Awareness.

Shall be actively promoted.

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(viii) Member-Secretary/Member of the State Biodiversity Board - Member

(ix) Deputy Commissioner or his representative, Kodagu District, Madikeri – Member

(x) The Deputy Conservator of Forests, Madikeri Wildlife Division, Madikeri – Member Secretary.

6. Terms of Reference.—(1) The Monitoring Committee shall monitor the compliance of the provisions of this

notification.

(2) The activities that are covered in the schedule to the notification of the Government of India in the erstwhile

Ministry of Environment and Forest number S.O. 1533 (E), dated the 14^th September, 2006, and are falling in

the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof,

shall be scrutinized by the Monitoring Committee based on the actual site-specific conditions and referred to the

Central Government in the Ministry of Environment, Forest and Climate Change for prior environmental

clearances under the provisions of the said notification.

(3) The activities that are not covered in the schedule to the notification of the Government of India in the erstwhile

Ministry of Environment and Forest number S.O. 1533 (E), dated the 14^th September, 2006 and are falling in the

Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall

be scrutinized by the Monitoring Committee based on the actual site-specific conditions and referred to the

concerned regulatory authorities.

(4) The Member-Secretary of the Monitoring Committee or the concerned Collector(s) or the concerned park

Deputy Conservator of Forests shall be competent to file complaints under section 19 of the Environment

(Protection) Act, 1986 against any person who contravenes the provisions of this notification.

(5) The Monitoring Committee may invite representatives or experts from concerned Departments, representatives

from industry associations or concerned stakeholders to assist in its deliberations depending on the requirements

on issue to issue basis.

(6) The Monitoring Committee shall submit the annual action taken report of its activities as on 31^stMarch of every

year by 30^th June of that year to the Chief Wildlife Warden of the State as per pro- forma appended at

Annexure-V.

(7) The Central Government in the Ministry of Environment, Forest and Climate Change may give such directions,

as it deems fit, to the Monitoring Committee for effective discharge of its functions.

7. The Central Government and State Government may specify additional measures, if any, for giving effect to

provisions of this notification.

8. The provisions of this notification shall be subject to the orders, if any, passed, or to be passed, by the Hon’ble

Supreme Court of India or the High Court or National Green Tribunal.

[F. No. 25/168/2015-ESZ]

LALIT KAPUR, Scientist ’G’

ANNEXURE - I

Boundary description of the Eco-sensitive Zone around Brahmagiri Wildlife Sanctuary.

North: Theboundary lineof Eco-sensitive Zone starts at Soma Male on the “D” line of Kerti reserve forest boundary and

runs in South-Eastern direction and all along the northern boundary of Kerti reserve forest till it reaches a point where the

“D”-line of Urti reserve forest and Kerti reserve forest meets i.e. common point at Perambadi tank.

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ANNEXURE-III

Table showing Geo Coordinates of major points on the boundary of Brahmagiri Wildlife Sanctuary.

Map

Longitude

Latitude

Degree

Minutes

Seconds

Degree

Minutes

Seconds

39.19

20.27

53.75

48.27

38.08

20.14

58.11

3.83

32.39

7.39

25.41

20.37

39.28

33.47

16.23

59.75

30.76

1.48

44.19

51.36

33.02

31.55

28.53

23.72

32.57

49.59

16.41

51.86

29.45

11.50

10.82

14.60

19.16

26.75

31.05

20.80

56.10

2.94

30.59

3.38

27.64

44.65

15.23

57.57

47.88

59.02

15.17

20.53

40.55

24.05

20.68

12.93

13.20

48.59

53.55

18.61

50.54

50.24

39.29

15.89

8.53

40.20

13.20

43.79

18.84

46.08

31.15

55.40

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Table showing Geo Coordinates of major points on the boundary of Eco-sensitive Zone around Brahmagiri

Wildlife Sanctuary.

Map

Longitude

Latitude

Degree Minutes

Seconds

Degree

Minutes

Seconds

24.17

32.90

42.45

24.72

11.04

37.40

47.99

40.68

59.11

44.92

37.12

33.56

19.39

27.75

31.84

25.59

37.42

47.71

39.34

52.59

7.45

28.94

39.41

31.79

10.53

34.00

28.34

22.22

1.15

23.59

46.80

32.12

55.20

8.70

10.42

29.64

29.88

48.72

43.88

28.68

ANNEXURE-IV

List of villages falling within the Eco-sensitive Zone around Brahmagiri Wildlife Sanctuary

Map Id Name of the Village Name of the Taluk Extent in ha.

Latitude

Longitude

Remarks

Degrees Minutes Seconds

Degrees

Minutes

Seconds

Arji

Virajpet

33.75

37.42

23.79

1 Kilometer

Nangala

Virajpet

281.72

55.30

50.68

1 Kilometer

Rudraguppe

Virajpet

546.18

12.17

40.48

1 Kilometer

Kuttandi

Virajpet

613.11

5.94

18.00

1 Kilometer

Badaga & Forest

Virajpet

500.52

25.77

32.96

1 Kilometer

Begur

Virajpet

98.65

9.02

48.68

1 Kilometer

Hysodlur

Virajpet

350.80

21.87

26.01

1 Kilometer

Badagarakeri

Virajpet

536.40

53.95

30.50

1 Kilometer

Parakatakeri

Virajpet

1508.63

12.87

11.89

1 Kilometer

West Nemmale

Virajpet

151.26

17.27

38.36

1 Kilometer

Theralu & Forest

Virajpet

781.58

37.23

49.57

1 Kilometer

Kurchi

Virajpet

941.23

9.01

39.10

1 Kilometer

Manchalli & Forest

Virajpet

457.29

33.00

14.76

1 Kilometer

Kutta

Virajpet

640.02

25.23

10.37

1 Kilometer

7441.14

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Details of Reserved Forests areas within the Eco-sensitive Zone of Brahmagiri Wildlife Sanctuary.

Sl.

No.

Name of the Forest

District

Taluk

Area in Sq.

GO. No./ Notification No. & Date

Kerti Reserve Forest

Kodagu

Virajpet

62.79

Commissioner of Coorg Province

Notification No: 58 Dated:

24.06.1908

Total

62.79

ANNEXURE – V

Performa of Action Taken Report:- Eco-sensitive Zone Monitoring Committee.-

1. Number and date of meetings.

2. Minutes of the meetings: Mention main noteworthy points. Attach minutes of the meeting on separate

Annexure.

3. Status of preparation of Zonal Master Plan including Tourism Master Plan.

4. Summary of cases dealt for rectification of error apparent on face of land record. [Details may be attached as

Annexure]

5. Summary of cases scrutinised for activities covered under Environment Impact Assessment Notification, 2006.

[Details may be attached as separate Annexure]

6. Summary of cases scrutinised for activities not covered under Environment Impact Assessment Notification,

2006.

[Details may be attached as separate Annexure]

7. Summary of complaints lodged under Section 19 of Environment (Protection) Act, 1986.

8. Any other matter of importance.

P.R. 62

SC - 20

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MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 6th June, 2017

S.O. 1857(E).—WHEREAS, a draft notification was published in the Gazette of India, Extraordinary, vide

notification of the Government of the India in the Ministry of Environment, Forest and Climate Change number S.O.

3329(E), dated the 07^thDecember 2015, inviting objections and suggestions from all persons likely to be affected thereby

within the period of sixty days from date on which copies of the Gazette containing the said notification were made

available to the public;

AND WHEREAS, no objections and suggestions received from persons and stakeholders in response to the

draft notification;

AND WHEREAS, the Arabithittu Wildlife Sanctuary is situated in Hunsur taluk of Mysore district, in the state

of Karnataka and lies between the Latitudes 12⁰17’ 16’’ to 12⁰20’ 41’’ North and longitudes 76⁰22’ 43’’ to 76⁰28’ 51’’

East and in spread over an area of 13.5 Square kilometers;

AND WHEREAS, the Sanctuary harbors varied fauna including Panther, Spotted Deer, Wild Boar, Indian

Porcupine, Indian hare, Common Mangoose, Fox, Partridges, Cobra, Rat Snakes, Viper etc.;

AND WHEREAS, the Sanctuary has dry deciduous scrub forests which have Santalum album, Anogeissus

latiflolia, Emblica officinails, Ficus species,Hardwikia binata, Mitragyna parviflora, Terminalia tomentosa, Zizypus spp,

Cassia fistula, Dodonea viscose, Diospyros melanoxylon, Syzygium cumini, Chloroxylon swietenia, Acacia sundra etc,.

od which Santalum album (Sandal) is endangered species;

AND WHEREAS, the Ministry of Defence, Government of India, has set up a Defence Research and

Development Organisation establishment at Arabhithittu Wildlife Sanctuary by acquiring 718.39 acre revenue lands

adjacent to the said Sanctuary during the year 1992-93 and the defense authorities have fenced the boundary of

Arabithittu Wildlife Sanctuary for protection;

AND WHEREAS, the pressure of grazing on the said Sanctuary is high as it is surrounded by many villages

and an extent of 4.45 Sq. km. of forest land (includes deemed and notified forests) lies adjacent to the said Sanctuary;

AND WHEREAS, it is necessary to conserve and protect the area the extent and boundaries of which is

specified in paragraph 1 of this notification around the Arabithittu Wildlife Sanctuary as Eco-sensitive Zone from

ecological and environmental point of view and to prohibit industries or class of industry and their operations and

processes in the said Eco-sensitive Zone;

NOW THEREFORE, in exercise of the powers conferred by sub-section (1) read with clause (v) and clause

(xiv) of sub-section (2) of section 3 of the Environment (Protection) Act,1986 (29 of 1986) read with sub-rule (3) of rule

5 of the Environment (Protection) Rules, 1986 the Central Government hereby notifies an area to an extent varying from

1.0 kilometer to 3.25 kilometers from the boundary of Arabithittu Wildlife Sanctuary in the State of Karnataka, as the

Arabithittu Wildlife Sanctuary Eco-sensitive Zone (hereinafter referred to as the Eco–sensitive Zone) details of which are

as under, namely:-

1. Extent and Boundary of Eco-sensitive Zone.-

(1) The total geographical area of the Eco-sensitive Zone is 44.82 square kilometers (excluding Defence Research

Development Organisation areas) with an extent varying from 1.0 kilometer to 3.25 kilometers from the

boundary of the Arabhithittu Wildlife Sanctuary and the description of boundaries is given in Annexure-I.

(2) The map of Eco-sensitive Zone boundary together with latitudes longitudes is appended as Annexure II.

(3) The Geo Coordinates of major points on the boundary of Arabithittu Wildlife Sanctuary and on the boundary of

Eco-sensitive Zone is appended as Annexure-III.

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(4) The list of 20 villages falling within the Eco-sensitive Zone is given at Annexure-IV.

Zonal Master Plan for Eco-sensitive Zone.-

(1) The State Government shall, for the purpose of the Eco-sensitive Zone prepare, a Zonal Master Plan, within

a period of two years from the date of publication of this notification in the Official Gazette, in consultation with

local people and adhering to the stipulations given in this notification for approval of Competent Authority in

the State Government.

(2) The Zonal Master Plan for the Eco-sensitive Zone shall be prepared by the State Government in such manner

as is specified in this notification and also in consonance with the relevant Central and State laws and the

guidelines issued by the Central Government, if any.

(3) The Zonal Master Plan shall be prepared in consultation with the following State Departments, for

integrating the ecological and environmental considerations into the said plan:-

(i)

Environment;

(ii)

Forest and Wildlife;

(iii)

Agriculture;

(iv)

Revenue;

(v)

Urban Development;

(vi)

Tourism;

(vii)

Rural Development;

(viii) Irrigation and Flood Control;

(ix)

Municipal;

(x)

Panchayati Raj;

(xi)

Public Works Department.

(4) The Zonal Master Plan shall not impose any restriction on the approved existing land use, infrastructure and

activities, unless so specified in this notification and the Zonal Master Plan shall factor in improvement of all

infrastructure and activities to be more efficient and eco-friendly.

(5) The Zonal Master Plan shall provide for restoration of denuded areas, conservation of existing water bodies,

management of catchment areas, watershed management, groundwater management, soil and moisture

conservation, needs of local community and such other aspects of the ecology and environment that need

attention.

(6) The Zonal Master Plan shall demarcate all the existing worshipping places, villages and urban settlements,

types and kinds of forests, agricultural areas, fertile lands, green area, such as, parks and like places,

horticultural areas, orchards, lakes and other water bodies and also with supporting maps and the Plan shall be

supported by Maps giving details of existing and proposed land use features.

(7) The Zonal Master Plan shall regulate development in Eco-sensitive Zone and adhere to prohibited, regulated

activities listed in Table and also ensure and promote eco-friendly development for livelihood security of local

communities.

(8) The Zonal Master Plan shall be co-terminus with the Regional Development Plan.

(9) The Zonal Master Plan so approved shall be the reference document for the Monitoring Committee for

carrying out its functions of monitoring in accordance with the provisions of this notification.

Measures to be taken by State Government.-

The State Government shall take the following measures for giving effect to the provisions of this notification, namely:-

(1) Landuse.-

(a) Forests, horticulture areas, agricultural areas, parks and open spaces earmarked for recreational purposes in the Eco-

sensitive Zone shall not be used or converted into areas for major commercial or major residential complex or

industrial activities:

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Provided that the conversion of agricultural and other lands, for the purpose other than that specified at part (a),

within the Eco-sensitive Zone may be permitted on the recommendation of the Monitoring Committee, and with the

prior approval of the competent authority under the relevant State laws and other rules and regulations of Central or

State Government as applicable and vide provisions of this Notification, to meet the residential needs of the local

residents such as:-

(i)

widening and strengthening of existing roads and construction of new roads;

(ii) construction and renovation of infrastructure and civic amenities;

(iii) small scale industries not causing pollution;

(iv) cottage industries including village industries; convenience stores and local amenities supporting eco-tourism

including home stay; and

(v) promoted activities and given under para 4:

Provided further that no use of tribal land shall be permitted for commercial and industrial development activities

without the prior approval of the competent authority under the relevant State laws and other rules and regulations of

State Government and without compliance of the provisions of article 244 of the Constitution or the law for the time

being in force, including the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights)

Act, 2006 (2 of 2007):

Provided also that any error appearing in the land records within the Eco-sensitive Zone shall be corrected by the

State Government, after obtaining the views of Monitoring Committee, once in each case and the correction of said

error shall be intimated to the Central Government in the Ministry of Environment, Forest and Climate Change:

Provided also that the above correction of error shall not include change of land use in any case except as provided

under this sub-paragraph.

(b) Efforts shall be made to reforest the unused or unproductive agricultural areas with afforestation and habitat

restoration activities.

(2) Natural water bodies.- The catchment areas of all natural springs or rivers or channels shall be identified and plans

for their conservation and rejuvenation shall be incorporated in the Zonal Master Plan.

(3) Tourism/ Eco-tourism.-

(a) All new Eco-tourism activities or expansion of existing tourism activities within the Eco-sensitive Zone shall be as

per the Tourism Master Plan for the Eco-sensitive Zone.

(b) The Eco-tourism Master Plan shall be prepared by Department of Tourism in consultation with State Departments of

Environment and Forests.

(d) The activities of Eco-tourism shall be regulated as under, namely:—

(i) No new construction of hotels and resorts shall be allowed within 1 km. from the boundary of the Wildlife Sanctuary

or upto the extent of the Eco-sensitive Zone whichever is nearer. However, beyond the distance of 1 km. from the

boundary of the Wildlife Sanctuary till the extent of the Eco-sensitive Zone, the establishment of new hotels and

resorts shall be allowed only in pre-defined and designated areas for Eco-tourism facilities as per Tourism Master

Plan.

(ii) All new tourism activities or expansion of existing tourism activities within the Eco-sensitive Zone shall be in

accordance with the guidelines issued by the Central Government in the Ministry of Environment, Forest and Climate

Change and the eco-tourism guidelines issued by National Tiger Conservation Authority with emphasis on Eco-tourism.

(iii) Until the Zonal Master Plan is approved, development for tourism and expansion of existing tourism activities shall

be permitted by the concerned regulatory authorities based on the actual site specific scrutiny and recommendation of the

Monitoring Committee and no new hotel or resort or commercial establishment construction is permitted within Eco-

sensitive Zone area.

(4) Natural Heritage.- All sites of valuable natural heritage in the Eco-sensitive Zone, such as the gene pool reserve

areas, rock formations, waterfalls, springs, gorges, groves, caves, points, walks, rides, cliffs, etc. shall be identified and a

heritage conservation plan shall be drawn up for their preservation and conservation as a part of the Zonal Master Plan.

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(5) Man-made heritage sites.- Buildings, structures, artefacts, areas and precincts of historical, architectural, aesthetic,

and cultural significance shall be indentified in the Eco-sensitive Zone and heritage conservation plan for their

conservation shall be prepared as part Zonal Master Plan.

(6) Noise pollution.- Prevention and Control of noise pollution in the Eco-sensitive Zone shall be complied with in

accordance with Noise Pollution (Regulation And Control) Rules, 2000 under the Environment (Protection) Act, 1986 .

(7) Air pollution.- Prevention and control of air pollution in the Eco-sensitive Zone shall be complied with in accordance

with the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and rules made thereunder .

(8) Discharge of effluents.- Discharge of treated effluent in Eco-sensitive Zone shall be in accordance with the

provisions of the General Standards for Discharge of Environmental Pollutants covered under the Environmental

(Protection) Act, 1986 and rules made thereunder or standards stipulated by State Government .

(9) Solid wastes.- Disposal and Management of solid wastes shall be as under:—

(a) The solid waste disposal and management in Eco-sensitive Zone shall be carried out in accordance with the Solid

Waste Management Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and

Climate Change vide notification number S.O. 1357 (E), dated the 8th April, 2016 and the inorganic material may be

disposed in an environmental acceptable manner at site identified outside the Eco-sensitive Zone.

(b) No burning or incineration of solid wastes and establishment of landfills shall be permitted in the Eco-sensitive Zone.

(10) Bio-medical waste.- Bio medical waste management shall be as under:—

(a) The bio-medical waste disposal in the Eco-sensitive Zone shall be carried out in accordance with the Bio-Medical

Waste Management Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and

Climate Change vide notification number G.S.R. 343 (E), dated the 28th March, 2016 .

(b) No common treatment facility or incineration shall be permitted within the Eco- sensitive Zone.

(11) Plastic Waste Management.- The Plastic Waste Management in the Eco-sensitive Zone shall be carried out as per

the provisions of the Plastic Waste Management Rules, 2016 published by the Government of India in the Ministry of

Environment, Forest and Climate Change vide notification number G.S.R. 340(E), dated the 18th March, 2016.

(12) Construction and Demolition Waste Management.-The Construction and Demolition Waste Management in the

Eco-sensitive Zone shall be carried out as per the provisions of the Construction and Demolition Waste Management

Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and Climate Change vide

notification number G.S.R. 317(E), dated the 29th March, 2016.

(13) E-waste.- The E- Waste Management in the Eco-sensitive Zone shall be carried out as per the provisions of the

E-Waste Management Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and

Climate Change .

(14) Vehicular traffic.- The vehicular movement of traffic shall be regulated in a habitat friendly manner and specific

provisions in this regard shall be incorporated in the Zonal Master Plan and till such time as the Zonal Master plan is

prepared and approved by the Competent Authority in the State Government, the Monitoring Committee shall monitor

compliance of vehicular movement under the relevant Acts and the rules and regulations made thereunder.

(15) Vehicular Pollution.- Prevention and control of Vehicular Pollution shall be complied with in accordance with

applicable laws and efforts to be made for use of cleaner fuel for example CNG, LPG, etc.

(16) Industrial Units.- (i) On or after the publication of this notification in the Official Gazette, no new polluting

industries shall be allowed to be set up within the Eco-sensitive Zone.

(ii) Only non-polluting industries shall be allowed within Eco-sensitive Zone as per classification of Industries in the

Guidelines issued by Central Pollution Control Board in February 2016, unless so specified in this notification and in

addition, non-polluting cottage industries shall be promoted.

(17) Protection of Hill Slopes.- The protection of hill slopes shall be as under: —

(a)

The Zonal Master Plan shall indicate areas on hill slopes where no construction shall be permitted.

(b)

No construction on existing steep hill slopes or slopes with a high degree of erosion shall be permitted.

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(18)

The Central Government and the State Government shall specify other additional measures, if it considers

necessary, in giving effect to the provisions of this notification.

List of activities prohibited or to be regulated within Eco-sensitive Zone.-

All activities in the Eco-sensitive Zone shall be governed by the provisions of the Environment (Protection) Act,

1986 (29 of 1986) and the rules made there under including the Coastal Regulation Zone (CRZ), 2011 and the

Environmental Impact Assessment (EIA) Notification, 2006 and other applicable laws including the Forest

(Conservation) Act, 1980 (69 of 1980), the Indian Forest Act, 1927 (16 of 1927), the Wildlife (Protection) Act 1972 (53

of 1972), and amendments made thereto and be regulated in the manner specified in the Table below, namely:-

TABLE

S. No.

Activity

Description

Prohibited Activities

Commercial Mining.

(a) All new and existing (minor and major minerals), stone quarrying and

crushing units are prohibited with immediate effect except for meeting

the domestic needs of bona fide local residents including digging of earth

for construction or repair of houses and for manufacture of country tiles

or bricks for housing and for other activities.

(b) The mining operations shall be carried out in accordance with the

order of the Hon’ble Supreme Court dated 04.08.2006 in the matter of

T.N. Godavarman Thirumulpad Vs. UOI in W.P.(C) No. 202 of 1995 and

dated 21.04.2014 in the matter of Goa Foundation Vs. UOI in W.P.(C)

No. 435 of 2012.

Setting of new industries causing

pollution (Water, Air, Soil,

Noise, etc.).

No new or expansion of polluting industries in the Eco-sensitive Zone

shall be permitted.

Industries categorised as Green or White in the Central Pollution Control

Board Classification including agro-based small scale industries, will be

regulated as per regulations.

Establishment of major

hydroelectric project.

Prohibited (except as otherwise provided) as per applicable laws.

Use or production of any

hazardous substances.

Prohibited (except as otherwise provided) as per applicable laws.

Discharge of untreated effluents

in natural water bodies or land

area.

Prohibited (except as otherwise provided) as per applicable laws.

Establishment of large-scale

commercial livestock and poultry

farms by firms, corporate,

companies.

Prohibited (except as otherwise provided) as per applicable laws except

for meeting local needs.

Setting of new saw mills.

No new or expansion of existing saw mills shall be permitted within the

Eco-sensitive Zone.

B. Regulated Activities

Commercial establishment of

hotels and resorts.

No new commercial hotels and resorts shall be permitted within one

kilometre of the boundary of the Protected Area or upto the extent of

Eco-sensitive Zone, whichever is nearer, except for small temporary

structures for Eco-tourism activities:

Provided that, beyond one kilometre from the boundary of the protected

Area or upto the extent of Eco-sensitive Zone whichever is nearer, all

new tourist activities or expansion of existing activities shall be in

conformity with the Tourism Master Plan and guidelines as applicable.

Construction activities.

(a) No new commercial construction of any kind shall be permitted

within one kilometre from the boundary of the Protected Area or upto

extent of the Eco-sensitive Zone whichever is nearer:

Provided that, local people shall be permitted to undertake

construction in their land for their use including the activities listed in

sub-paragraph (1) of paragraph 4 as per building byelaws to meet the

residential needs of the local residents such as:-

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(i)

widening and strengthening of existing roads and construction

of new roads;

(ii) construction and renovation of infrastructure and civic

amenities;

(iii) small scale industries not causing pollution;

(iv) cottage industries including village industries; convenience

stores and local amenities supporting eco-tourism including

homestays; and

(v) promoted activities listed in this Notification.

Provided that the construction activity related to small scale industries

not causing pollution shall be regulated and kept at the minimum, with

the prior permission from the competent authority as per applicable rules

and regulations, if any.

(b) Beyond one kilometre it shall be regulated as per the Zonal Master

Plan.

10.

Small scale industries not causing

pollution.

Non polluting, non-hazardous, small-scale and service industry,

agriculture, floriculture, horticulture or agro-based industry producing

products from indigenous materials from the Eco-sensitive Zone shall be

permitted by the competent Authority.

11.

New wood based industry.

Establishment of new wood based industry shall not be permitted within

the limits of Eco-sensitive Zone:

Provided that new wood based industry may be set up in the Eco-

sensitive Zone using 100 percent imported wood stock

12.

Micro and Mini Hydel projects.

Regulated under applicable laws.

13.

Setting up of brick kilns.

Regulated (except as otherwise provided) as per applicable laws.

14.

Felling of Trees.

(a) There shall be no felling of trees on the forest or Government or

revenue or private lands without prior permission of the competent

authority in the State Government.

(b) The felling of trees shall be regulated in accordance with the

provisions of the concerned Central or State Act and the rules made

thereunder.

15.

Collection of Forest produce or

Non-Timber Forest Produce

(NTFP).

Regulated under applicable laws.

16.

Erection of electrical and

communication towers and laying

of cables and other

infrastructures.

Regulated under applicable law. Underground cabling may be promoted.

17.

Infrastructure including civic

amenities.

Shall be done with mitigation measures, as per applicable laws, rules and

regulation and available guidelines.

18.

Widening and strengthening of

existing roads and construction of

new roads.

Shall be done with mitigation measures, as per applicable laws, rules and

regulation and available guidelines.

19.

Under taking other activities

related to tourism like over flying

the Eco-sensitive Zone area by

hot air balloon, helicopter,

drones, Microlites, etc.

Regulated under applicable law.

20.

Protection of Hill Slopes and

river banks.

Regulated under applicable laws.

21.

Movement of vehicular traffic at

night.

Regulated for commercial purpose under applicable laws.

22.

Ongoing agriculture and

horticulture practices by local

communities along with dairies,

dairy farming, aquaculture and

fisheries.

Permitted under applicable laws for use of locals.

23.

Discharge of treated effluents in

natural water bodies or land area.

The discharge of treated effluent shall be regulated as per applicable

laws.

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5. Monitoring Committee:- The Central Government hereby constitutes a Monitoring Committee, for effective

monitoring of the provisions of this notification under sub-section (3) of section 3 of the Environment (Protection)

Act, 1986 comprising of the following, namely:—

(i)

The Regional Commissioner, Mysore Region, Mysore

- Chairman;

(ii)

Representative of the Department of Environment, government of Karnataka

- Member;

(iii)

Representative of the Department of Urban Development, Government of Karnataka

- Member;

(iv)

One representative of Non Government Organisation working in the field of

environment to be nominated by the Government of Karnataka for a term of three year

in each case

- Member ;

(v)

The Regional Officer, Mysore, Karnataka State Pollution Control Board

- Member ;

(vi)

One expert in Ecology from reputed institution or university of the State to be

nominated by the Government of Karnataka for a term of three year in each case

- Member;

(vii)

Deputy Commissioner Mysore District

- Member;

(viii)

The Chief Executive Officer, Zilla Panchayath , Mysore

- Member;

(ix)

Member of Legislative Assembly-Hunsuru-Member

(Subject to the State Government of Karnataka obtaining relevant approvals inter alia

including permission from the Speaker of Legislative Assembly, Karnataka, if

required)

- Member;

(x)

The Deputy Conservator of Forests, Wildlife Division, Mysore

-Member-Secretary.

6. Terms of Reference.—

(1) The Monitoring Committee shall monitor the compliance of the provisions of this notifications.

(2) The tenure of the Committee shall be three years.

(3) The activities that are covered in the Schedule to the notification of the Government of India in the erstwhile

Ministry of Environment and forests number S.O. 1533(E) dated the 14^thSeptember, 2006 and are falling in the Eco-

24.

Commercial extraction of surface

and ground water.

Regulated under applicable law.

25.

Open Well, Bore Well etc. for

agriculture or other usage.

Regulated and the activity should be strictly monitored by the appropriate

authority.

26.

Solid Waste Management.

Regulated under applicable laws.

27.

Introduction of Exotic species.

Regulated under applicable laws.

28.

Eco-tourism.

Regulated under applicable laws.

29.

Use of polythene bags.

Regulated under applicable laws.

30.

Commercial Sign Boards and

hoardings.

Regulated under applicable laws.

C. Promoted Activities

31.

Rain water harvesting.

Shall be actively promoted.

32.

Organic farming.

Shall be actively promoted.

33.

Adoption of green technology for

all activities.

Shall be actively promoted.

34.

Cottage industries including

village artisans, etc.

Shall be actively promoted.

35.

Use of renewable energy.

Bio gas, solar light etc. to be actively promoted .

36.

Agro-Forestry.

Shall be actively promoted.

37.

Skill Development.

Shall be actively promoted.

38.

Restoration of Degraded Land/

Forests/ Habitat.

Shall be actively promoted.

39.

Environmental Awareness.

Shall be actively promoted.

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sensitive Zone, except for the prohibited activities as specified in the table under paragraph 4 thereof, shall be

scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the Central

Government in the Ministry of Environment, Forest and Climate Change for prior environmental clearance under the

provisions of the said notifications.

(4) The activities that are covered in the Schedule to the notification of the Government of India in the erstwhile

Ministry of Environment and forests number S.O. 1533 (E) dated the 14^thSeptember, 2006 and are falling in the

Eco-sensitive zone, except for the prohibited activities as specified in the table under paragraph 4 thereof, shall be

scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the concerned

Regulatory Authorities.

(5) The Member Secretary of the Monitoring Committee or the Concerned District Magistrate/Collector (s) or the Park

Deputy Conservator of Forests, shall be competent of file complaints under section 19 of the Environment

(protection) Act 1986 against any person who contravenes the provisions of the notification.

(6) The Monitoring Committee may invite representatives or experts from concerned Departments, representatives from

Industry Associations or concerned stakeholders to assist in its deliberations depending on the requirements on issue

to issue basis .

(7) The Monitoring committee shall submit the annual action taken report of its activities as on the 31^stMarch of Every

year by the 30^thJune of that year to the chief Wildlife Warden of the state as per pro forma appended at

Annexure-V.

(8) The Central Government in the Ministry of Environment, Forests and Climate change may give such directions, as it

deems fit, to the Monitoring committee for effective discharge of its functions.

7. The Central Government and State Government may specify additional measures, if any for giving effect to

provisions of this notification.

8. The provisions of this notification shall be subject to the orders, if any passed or to be passed, by the Hon’ble

Supreme Court of India or the High Court or the National Green Tribunal.

[F. No. 25/135/2015-ESZ-RE]

LALIT KAPUR, Scientist ‘G’

ANNEXURE –I

Boundary description of the Eco-sensitive Zone around Arabithittu Wildlife Sanctuary.

North :

The boundary of Eco-sensitive Zone to Arabithittu Wildlife Sanctuary begins from Hagarnahalli-Manti

Koppalu village road tri-junction point. The line runs east direction along the road and reaches the

Sravanahalli village gate and reaches the Shanubhoganahalli village and line moves towards north and

then turns to east and touches the Rangayyana Koppalu village and passes along the road and reach the

Yammekoppalu village. Then the line runs towards north direction along the Yammekoppalu- Bolanahalli

road and touches the Mysore – Hassan Road near Bolanahalli village. In addition the Eco-sensitive Zone

boundaries are extended to 1 Km. from the extreme points of the Sanctuary with respect to Hosahalli

kaval village of Hunsur Taluk.

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East:

The Eastern boundary of Eco -Sensitive Zone of Arabithittu wildlife Sanctuary starting from Mysore –

Hassan Road near Bolanahalli village. Then the line runs towards south passes along the Mysore- Hassan

road and touches the Tri-junction point near Petrol Bunk on the State Highway. Then line turns towards

east and passes through the old Mysore-Hunsur road and turns to south and touches the Mysore-Bantwal

State highway road near Mallinathpura village. Then the line runs towards north east along the state

highway road and reaches the point of extension area of Bilikere village. Then the line runs towards

south direction along the road and reaches the Jeenahalli village and moving towards east direction and

reaches the Bilikere-Gaddige road at Dallalu village Then the line runs towards south along the road and

touches Dallalukoppalu village. Then the line moving towards south and reaches the tri-junction point

near Dallalukoppalu village on Bilikere- Gaddige Road. In addition the Eco-sensitive Zone boundaries

are extended to 1 Km. from the extreme points of the Sanctuary with respect to Mallinathapura & Bilikal

villages of Hunsur Taluk.

South:

The Southern boundary of Eco-sensitive Zone of Arabithittu wildlife Sanctuary begins from tri-junction

point of near Dallalukoppalu village on Bilikere- Gaddige road. Then the line turns towards west

direction and touches the Gagenahalli gate near Govt. High school and then moving towards south west

upto Halepura kere and turns to south direction and touches the Halepura village. Then the line moving

towards road reach the Tri-junction point of Halpura, Hosapura Challahalli villages. Then line runs

towards west direction along the road to touches the Hosapura village and moves upto Hosapura Kere

Point.

West:

The Western boundary of Eco Sensitive zone of Arabithittu wildlife Sanctuary begins from Hosapura

kere point. Then the line turns towards north direction to reaches the Mudalukoppalu village, along the

road. Then the line turns towards west direction and reaches the Maralayyana koppalu village and moves

towards south west along the road and reaches the Doddegowdanakoppalu village. Then the line runs

towards west and reaches the tri-junction point of Udduru-Bannikuppe road. Then the line runs towards

north along the road and reaches the Bannikuppe village. Then the line touches the Mysore-Bantwal state

highway (S.H.-88) road near Bannikuppe Govt. Hospital. Then the line turns towards east direction all

along the state highway road and touches the reserved forest Stone No. 223 of Kuppekolagatta section 4

declared area. Then the line turns towards north direction all along this forest boundary. Then the line

turns towards west direction, then the line turns towards north direction along the forest boundary. Then

the line turns towards west and north direction, passes along the footpath and cart track and reach the

starting point. In addition the Eco-sensitive Zone boundaries are extended to 1 Km. from the extreme

points of the Sanctuary with respect to Bannikuppe and Maraduru villages of Hunsur Taluk.

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ANNEXURE-III

Table showing Geo Coordinates of major points on the boundary of Arabithittu Wildlife Sanctuary.

Map ID

Latitude (Decimal Minutes Seconds )

Longitude (Decimal Minutes Seconds )

12⁰19’50.21

76⁰22’45.62

12⁰19’59.31

76⁰22’59.31

12⁰19’36.38

76⁰23’23.53

12⁰20’5.05

76⁰23’57.57

12⁰20’15.16

76⁰24’33.10

12⁰20’3.40

76⁰24’58.74

12⁰19’20.79

76⁰25’20.34

12⁰20’30.85

76⁰25’7.76

12⁰20’45.42

76⁰25’45.36

12⁰20’13.37

76⁰25’58.61

12⁰18’50.12

76⁰26’9.99

12⁰18’34.62

76⁰26’23.77

12⁰18’44.07

76⁰25’29.70

12⁰18’18.42

76⁰24’33.39

12⁰18’29.46

76⁰23’33.86

12⁰18’42.67

76⁰23’30.29

Table showing Geo Coordinates of major points on the on the Eco-sensitive Zone boundary around Arabithittu

Wildlife Sanctuary.

Map ID

Latitude (Decimal Minutes

Seconds )

Longitude (Decimal Minutes

Seconds )

12⁰21’25.92

76⁰22’31.77

12⁰21’34.06

76⁰24’38.49

12⁰21’3.16

76⁰25’2.55

12⁰20’47.96

76⁰26’21.87

12⁰19’1.70

76⁰26’43.78

12⁰18’31.30

76⁰27’1.05

12⁰17’55.63

76⁰25’25.01

12⁰16’45.74

76⁰23’35.66

12⁰16’45.75

76⁰22’52.28

10.

12⁰18’37.14

76⁰22’28.69

11.

12⁰18’23.67

76⁰22’34.81

12.

12⁰19’30.78

76⁰22’22.98

13.

12⁰20’25.39

76⁰22’19.71

ANNEXURE-IV

Details of the list of Villages falling within the Eco-sensitive Zone around Arabithittu Wildlife Sanctuary.

Map ID

Name of the Village

Name of the Taluk

Area in ha

Latitude

Longitude

Degree

Minute

Second

Degree

Minute

Second

Bolanahalli

Hunsur

9.43

16.40

38.80

Shravanahalli

Hunsur

231.16

4.17

4.78

Lakkur

Hunsur

12.93

28.56

33.96

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Map ID

Name of the Village

Name of the Taluk

Area in ha

Latitude

Longitude

Degree

Minute

Second

Degree

Minute

Second

Rayanahalli

Hunsur

33.86

17.32

39.02

Hagaranahalli

Hunsur

11.46

12.54

23.28

Shanubhoganahalli

Hunsur

78.68

17.48

51.43

Maraduru

Hunsur

66.07

35.42

28.15

Rangaiahnakoppalu

Hunsur

199.40

58.53

51.34

Kuppekolaghatta

Hunsur

583.71

29.24

50.48

Hosahalli Kaval

Hunsur

105.75

0.79

59.66

Mallinathapura

Hunsur

285.18

23.06

5.61

Bilikere

Hunsur

39.83

52.99

39.08

Banni Kuppe

Hunsur

632.95

8.19

18.10

Jeenahalli

Hunsur

195.47

19.84

29.78

Dallalu

Hunsur

229.44

24.87

32.64

Madahalli

Hunsur

197.32

13.40

55.72

Madahalli Kaval

Hunsur

13.70

14.95

53.06

Thippur

Hunsur

21.33

53.67

28.22

Gagenahalli

Hunsur

417.08

7.30

10.66

Halepura

Hunsur

354.50

25.58

27.56

Total:

3719.342

Details of the DRDO Lands, Notified Reserved Forest and Deemed Forest Areas within the Eco-sensitive Zone around

Arabithittu Wildlife Sanctuary.

Sl.

No.

Name of the Forest

District

Taluk

Area (Sq. Km.)

Notification No. & Date

Arabhithittu State

Forest

Mysuru

Hunsur

1.45

Notification No. R-11453-ft.138-04-7 dated:

16-05-1905

Deemed forest

Mysuru

Hunsur

3.00

Nil

DRDO area

Mysuru

Hunsur

2.91

(718.39 Acres)

The

Defence

Research

and

Development

Organisation has acquired 718.39 acres of revenue

lands adjacent to the Sanctuary in the year 1992-93.

Hence, the said area does not form a part of

Eco-sensitive Zone.

Total

7.63 Sq. Kms.

ANNEXURE-V

Performa of Action taken report:- Eco-sensitive Zone Monitoring Committee:—

Number and date of meetings;

Minutes of the meetings: Mention main noteworthy points. Attach Minutes of the meeting as separate Annexure.

Status of preparation of Zonal Master Plan including Tourism Master Plan;

Summary of cases dealt for rectification of error apparent on face of land record: Details may be attached as

Annexure;

Summary of cases scrutinised for activities covered under Environment Impact Assessment Notification, 2006:

Details may be attached as separate Annexure;

Summary of case scrutinised for activities not covered under Environment Impact Assessment Notification.

2006: Details may be attached as separate Annexure;

Summary of complaints lodge under Section 19 of Environment (protection) Act, 1986;

Any other matter of importance.

P.R. 63

SC - 20

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