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(597)

¸ÀA¥ÀÄl 153

Volume 153

¨ÉAUÀ¼ÀÆgÀÄ, UÀÄgÀÄªÁgÀ, ¸É¥ÉÖA§gï 27, 2018 (D±ÀéAiÀÄÄd 5, ±ÀPÀ ªÀµÀð 1940)

Bengaluru, Thursday, Sepetember 27, 2018 (Aashwayuja 5, Shaka Varsha 1940)

¸ÀAaPÉ 39

Issue 39

¨sÁUÀ 4

PÉÃAzÀæzÀ «zsÉÃAiÀÄPÀUÀ¼ÀÄ ªÀÄvÀÄÛ CªÀÅUÀ¼À ªÉÄÃ¯É ¥Àj²Ã®£Á ¸À«ÄwAiÀÄ ªÀgÀ¢UÀ¼ÀÄ,

PÉÃAzÀæzÀ C¢ü¤AiÀÄªÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ CzsÁåzÉÃ±ÀUÀ¼ÀÄ, PÉÃAzÀæ ¸ÀPÁðgÀzÀªÀgÀÄ ºÉÆgÀr¹zÀ

¸ÁªÀiÁ£Àå ±Á¸À£À§zÀÞ ¤AiÀÄªÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À§zÀÞ DzÉÃ±ÀUÀ¼ÀÄ ªÀÄvÀÄÛ

gÁµÀÖç¥ÀwAiÀÄªÀjAzÀ gÀavÀªÁV gÁdå ¸ÀPÁðgÀzÀªÀjAzÀ

¥ÀÄ£ÀB ¥ÀæPÀlªÁzÀ DzÉÃ±ÀUÀ¼ÀÄ

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 11 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 13-08-2018.

¢£ÁAPÀ: 26-07-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The Prevention

of Corruption (Amendment) Act, 2018 (No. 16 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

Short title and

commencement.

THE PREVENTION OF CORRUPTION (AMENDMENT) ACT, 2018

NO. 16 OF 2018

[26th July, 2018.]

An Act further to amend the Prevention of Corruption Act, 1988.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—

1. (1) This Act may be called the Prevention of Corruption (Amendment) Act, 2018.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In the Prevention of Corruption Act, 1988 (hereinafter referred to as the principal

Act), in section 2,—

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

‘(aa) ‘‘prescribed’’ means prescribed by rules made under this Act and the

expression ‘‘prescribe’’ shall be construed accordingly;’;

(ii) after clause (c), the following clause shall be inserted, namely:—

‘(d) “undue advantage” means any gratification whatever, other than legal

remuneration.

Explanation.—For the purposes of this clause,—

(a) the word “gratification” is not limited to pecuniary gratifications or to

gratifications estimable in money;

Amendment of

section 2.

49 of 1988.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 26th July, 2018/Shravana 4, 1940 (Saka)

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

26th July, 2018, and is hereby published for general information:—

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(b) the expression “legal remuneration” is not restricted to remuneration

paid to a public servant, but includes all remuneration which he is permitted by

the Government or the organisation, which he serves, to receive.’.

3. In section 4 of the principal Act, for sub-section (4), the following sub-section shall

be substituted, namely:—

“(4) Notwithstanding anything contained in the Code of Criminal Procedure,

1973, the trial of an offence shall be held, as far as practicable, on day-to-day basis and

an endeavour shall be made to ensure that the said trial is concluded within a period of

two years:

Provided that where the trial is not concluded within the said period, the special

Judge shall record the reasons for not having done so:

Provided further that the said period may be extended by such further period, for

reasons to be recorded in writing but not exceeding six months at a time; so, however,

that the said period together with such extended period shall not exceed ordinarily four

years in aggregate.’’.

4. For sections 7, 8, 9 and 10 of the principal Act, the following sections shall be

substituted, namely:—

‘‘7. Any public servant who,—

(a) obtains or accepts or attempts to obtain from any person, an undue

advantage, with the intention to perform or cause performance of public duty

improperly or dishonestly or to forbear or cause forbearance to perform such

duty either by himself or by another public servant; or

(b) obtains or accepts or attempts to obtain, an undue advantage from any

person as a reward for the improper or dishonest performance of a public duty or

for forbearing to perform such duty either by himself or another public servant; or

dishonestly a public duty or to forbear performance of such duty in anticipation

of or in consequence of accepting an undue advantage from any person,

shall be punishable with imprisonment for a term which shall not be less than three

years but which may extend to seven years and shall also be liable to fine.

Explanation 1.—For the purpose of this section, the obtaining, accepting, or

the attempting to obtain an undue advantage shall itself constitute an offence even if

the performance of a public duty by public servant, is not or has not been improper.

Illustration.—A public servant, ‘S’ asks a person, ‘P’ to give him an amount of

five thousand rupees to process his routine ration card application on time. 'S' is guilty

of an offence under this section.

Explanation 2.—For the purpose of this section,—

(i) the expressions “obtains” or “accepts” or “attempts to obtain” shall

cover cases where a person being a public servant, obtains or “accepts” or

attempts to obtain, any undue advantage for himself or for another person, by

abusing his position as a public servant or by using his personal influence over

another public servant; or by any other corrupt or illegal means;

(ii) it shall be immaterial whether such person being a public servant

obtains or accepts, or attempts to obtain the undue advantage directly or through

a third party.

Amendment

of section 4.

Substitution of

new sections

for sections 7,

8, 9 and 10.

Offence

relating to

public servant

being bribed.

2 of 1974.

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‘‘7A. Whoever accepts or obtains or attempts to obtain from another person for

himself or for any other person any undue advantage as a motive or reward to induce a

public servant, by corrupt or illegal means or by exercise of his personal influence to

perform or to cause performance of a public duty improperly or dishonestly or to forbear

or to cause to forbear such public duty by such public servant or by another public

servant, shall be punishable with imprisonment for a term which shall not be less than

three years but which may extend to seven years and shall also be liable to fine.

8. (1) Any person who gives or promises to give an undue advantage to another

person or persons, with intention—

(i) to induce a public servant to perform improperly a public duty; or

(ii) to reward such public servant for the improper performance of public

duty;

shall be punishable with imprisonment for a term which may extend to seven years

or with fine or with both:

Provided that the provisions of this section shall not apply where a person is

compelled to give such undue advantage:

Provided further that the person so compelled shall report the matter to the law

enforcement authority or investigating agency within a period of seven days from the

date of giving such undue advantage:

Provided also that when the offence under this section has been committeed by

commercial organisation, such commercial organisation shall be punishable with fine.

Illustration.—A person, ‘P’ gives a public servant, ‘S’ an amount of ten thousand

rupees to ensure that he is granted a license, over all the other bidders. ‘P’ is guilty of an

offence under this sub-section.

Explanation.—It shall be immaterial whether the person to whom an undue advantage

is given or promised to be given is the same person as the person who is to perform, or has

performed, the public duty concerned, and, it shall also be immaterial whether such undue

advantage is given or promised to be given by the person directly or through a third party.

(2) Nothing in sub-section (1) shall apply to a person, if that person, after informing a

law enforcement authority or investigating agency, gives or promises to give any undue

advantage to another person in order to assist such law enforcement authority or investigating

agency in its investigation of the offence alleged against the later.

9.(1) Where an offence under this Act has been committed by a commercial organisation,

such organisation shall be punishable with fine, if any person associated with such commercial

organisation gives or promises to give any undue advantage to a public servant intending—

(a) to obtain or retain business for such commercial organisation; or

(b) to obtain or retain an advantage in the conduct of business for such

commercial organisation:

Provided that it shall be a defence for the commercial organisation to prove that it had

in place adequate procedures in compliance of such guidelines as may be prescribed to

prevent persons associated with it from undertaking such conduct.

(2) For the purposes of this section, a person is said to give or promise to give any

undue advantage to a public servant, if he is alleged to have committed the offence under

section 8, whether or not such person has been prosecuted for such offence.

(3) For the purposes of section 8 and this section,—

(a) “commercial organisation” means—

(i) a body which is incorporated in India and which carries on a

business, whether in India or outside India;

Offence

relating to

bribing a

public servant

by a

commercial

organisation.

Taking undue

advantage to

influence

public servant

by corrupt or

illegal means

or by exercise

of personal

influence.

Offence

relating to

bribing of a

public

servant.

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(ii) any other body which is incorporated outside India and which

carries on a business, or part of a business, in any part of India;

(iii) a partnership firm or any association of persons formed in India

and which carries on a business whether in India or outside India; or

(iv) any other partnership or association of persons which is formed

outside India and which carries on a business, or part of a business, in any

part of India;

(b) “business” includes a trade or profession or providing service;

such person performs services for or on behalf of the commercial organisation

irrespective of any promise to give or giving of any undue advantage which

constitutes an offence under sub-section (1).

Explanation 1.—The capacity in which the person performs services for or on

behalf of the commercial organisation shall not matter irrespective of whether such

person is employee or agent or subsidiary of such commercial organisation.

Explanation 2.—Whether or not the person is a person who performs services

for or on behalf of the commercial organisation is to be determined by reference to all

the relevant circumstances and not merely by reference to the nature of the relationship

between such person and the commercial organisation.

Explanation 3.—If the person is an employee of the commercial organisation, it

shall be presumed unless the contrary is proved that such person is a person who has

performed services for or on behalf of the commercial organisation.

(4) Notwithstanding anything contained in the Code of Criminal Procedure,

1973, the offence under sections 7A, 8 and this section shall be cognizable.

(5) The Central Government shall, in consultation with the concerned

stakeholders including departments and with a view to preventing persons associated

with commercial organisations from bribing any person, being a public servant, prescribe

such guidelines as may be considered necessary which can be put in place for

compliance by such organisations.

10. Where an offence under section 9 is committed by a commercial organisation,

and such offence is proved in the court to have been committed with the consent or

connivance of any director, manager, secretary or other officer shall be of the commercial

organisation, such director, manager, secretary or other officer shall be guilty of the

offence and shall be liable to be proceeded against and shall be punishable with

imprisonment for a term which shall not be less than three years but which may extend

to seven years and shall also be liable to fine.

Explanation.—For the purposes of this section, ‘‘director’’, in relation to a firm

means a partner in the firm.’’.

5. In section 11 of the principal Act,—

(i) in the marginal heading, for the words ‘‘valuable thing’’, the words ‘‘undue

advantage’’ shall be substituted;

(ii) the words ‘‘or agrees to accept’’ shall be omitted;

(iii) for the words ‘‘valuable thing’’, the words ‘‘undue advantage’’ shall be

substituted;

(iv) for the words ‘‘official functions’’, the words ‘‘official functions or public

duty’’ shall be substituted.

6. For section 12 of the principal Act, the following section shall be substituted,

namely:—

Person in

charge of

commercial

organisation

to be guilty of

offence.

Amendment

of section 11.

Substitution of

new section

for section 12.

2 of 1974.

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“12. Whoever abets any offence punishable under this Act, whether or not that

offence is committed in consequence of that abetment, shall be punishable with

imprisonment for a term which shall be not less than three years, but which may extend

to seven years and shall also be liable to fine.”.

7. In section 13 of the principal Act, for sub-section (1), the following shall be

substituted, namely:—

“(1) A public servant is said to commit the offence of criminal misconduct,—

(a) if he dishonestly or fraudulently misappropriates or otherwise converts

for his own use any property entrusted to him or any property under his control

as a public servant or allows any other person so to do; or

(b) if he intentionally enriches himself illicitly during the period of his

office.

Explanation 1.—A person shall be presumed to have intentionally enriched himself

illicitly if he or any person on his behalf, is in possession of or has, at any time during the

period of his office, been in possession of pecuniary resources or property disproportionate

to his known sources of income which the public servant cannot satisfactorily account for.

Explanation 2.—The expression ‘‘known sources of income’’ means income received

from any lawful sources.”.

8. For section 14 of the principal Act, the following section shall be substituted,

namely:—

“14. Whoever convicted of an offence under this Act subsequently commits an

offence punishable under this Act, shall be punishable with imprisonment for a term

which shall be not less than five years but which may extend to ten years and shall also

be liable to fine.”.

9. In section 15 of the principal Act, for the words, brackets and letters “clause (c) or

clause (d)”, the word, brackets, and letter “clause (a)” shall be substituted.

10. In section 16 of the principal Act,—

(a) for the words, brackets and figures, “sub-section (2) of section 13 or

section 14”, the words, figures and brackets “section 7 or section 8 or section 9 or

section 10 or section 11 or sub-section (2) of section 13 or section 14 or section 15”

shall be substituted;

(b) for the word, brackets and letter “clause (e)”, the word, brackets and letter

“clause (b)” shall be substituted.

11. In section 17 of the principal Act, in the second proviso, for the words, brackets,

letter and figure “clause (e) of sub-section (1)”, the words, brackets, letter and figure

“clause (b) of sub-section (1)” shall be substituted.

12. After section 17 of the principal Act, the following section shall be inserted,

namely:—

“17A. (1) No police officer shall conduct any enquiry or inquiry or investigation

into any offence alleged to have been committed by a public servant under this Act,

where the alleged offence is relatable to any recommendation made or decision taken

by such public servant in discharge of his official functions or duties, without the

previous approval—

(a) in the case of a person who is or was employed, at the time when the

offence was alleged to have been committed, in connection with the affairs of

the Union, of that Government;

(b) in the case of a person who is or was employed, at the time when the

offence was alleged to have been committed, in connection with the affairs of a

State, of that Government;

Substitution of

new

section

for section 14.

Amendment

of section 15.

Punishment

for habitual

offender.

Amendment of

section 16.

Amendment of

section 17.

Insertion

new

section

17A.

Enquiry or

Inquiry or

investigation

of offences

relatable to

recommendations

made or

decision taken

by public

servant in

discharge of

official

functions or

duties.

Punishment

for abetment

of offences.

Amendment

of section 13.

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him from his office, at the time when the offence was alleged to have been

committed:

Provided that no such approval shall be necessary for cases involving arrest of a

person on the spot on the charge of accepting or attempting to accept any undue advantage

for himself or for any other person:

Provided further that the concerned authority shall convey its decision under this

section within a period of three months, which may, for reasons to be recorded in writing by

such authority, be extended by a further period of one month.’’.

13. After Chapter IV of the principal Act, the following Chapter shall be inserted,

namely:—

‘CHAPTER IV A

ATTACHMENT AND FORFEITURE OF PROPERTY

18A. (1) Save as otherwise provided under the Prevention of Money Laundering

Act, 2002, the provisions of the Criminal Law Amendment Ordinance, 1944 shall, as far

as may be, apply to the attachment, administration of attached property and execution

of order of attachment or confiscation of money or property procured by means of an

offence under this Act.

(2) For the purposes of this Act, the provisions of the Criminal Law Amendment

Ordinance, 1944 shall have effect, subject to the modification that the references to

“District Judge” shall be construed as references to “Special Judge”.’.

14. In section 19 of the principal Act, in sub-section (1),—

(i) for the words and figures “sections 7, 10, 11, 13 and 15”, the words and figures

"sections 7, 11, 13 and 15" shall be substituted;

(ii) in clause (a), for the words "who is employed", the words “who is employed,

or as the case may be, was at the time of commission of the alleged offence employed”

shall be substituted;

(iii) in clause (b), for the words “who is employed”, the words “who is employed,

or as the case may be, was at the time of commission of the alleged offence employed”

shall be substituted;

(iv) after clause (c), the following shall be inserted, namely:—

“Provided that no request can be made, by a person other than a police

officer or an officer of an investigation agency or other law enforcement authority,

to the appropriate Government or competent authority, as the case may be, for

the previous sanction of such Government or authority for taking cognizance by

the court of any of the offences specified in this sub-section, unless—

(i) such person has filed a complaint in a competent court about the

alleged offences for which the public servant is sought to be prosecuted; and

(ii) the court has not dismissed the complaint under section 203 of

the Code of Criminal Procedure, 1973 and directed the complainant to

obtain the sanction for prosecution against the public servant for further

proceeding:

Provided further that in the case of request from the person other than a police

officer or an officer of an investigation agency or other law enforcement authority, the

appropriate Government or competent authority shall not accord sanction to prosecute

a public servant without providing an opportunity of being heard to the concerned

public servant:

Provided also that the appropriate Government or any competent authority shall,

after the receipt of the proposal requiring sanction for prosecution of a public servant

under this sub-section, endeavour to convey the decision on such proposal within a

period of three months from the date of its receipt:

Insertion

new Chapter

IVA.

15 of 2003.

Ord. 38 of

1944.

Ord. 38 of

1944.

Amendment of

section 19.

Provisions of

Criminal Law

A m e n d m e n t

O r d i n a n c e ,

1944 to apply

to attachment

under this Act.

2 of 1974.

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Provided also that in case where, for the purpose of grant of sanction for prosecution,

legal consultation is required, such period may, for the reasons to be recorded in writing, be

extended by a further period of one month:

Provided also that the Central Government may, for the purpose of sanction for

prosecution of a public servant, presecribe such guidelines as it considers necessary.

Explanation.—For the purposes of sub-section (1), the expression "public servant"

includes such person—

(a) who has ceased to hold the office during which the offence is alleged to have been

committed; or

(b) who has ceased to hold the office during which the offence is alleged to have been

committed and is holding an office other than the office during which the offence is alleged

to have been committed.".

15. For section 20 of the principal Act, the following section shall be substituted,

namely:—

‘‘20. Where, in any trial of an offence punishable under section 7 or under

section 11, it is proved that a public servant accused of an offence has accepted or

obtained or attempted to obtain for himself, or for any other person, any undue

advantage from any person, it shall be presumed, unless the contrary is proved, that

he accepted or obtained or attempted to obtain that undue advantage, as a motive or

reward under section 7 for performing or to cause performance of a public duty

improperly or dishonestly either by himself or by another public servant or, as the case

may be, any undue advantage without consideration or for a consideration which he

knows to be inadequate under section 11.".

16. In section 23 of the principal Act,—

(a) in the marginal heading, for the word, figures, brackets and letter

“section 13 (1) (c)”, the word, figures, brackets and letter “section 13 (1) (A)” shall be

substituted;

(b) for the word, brackets and letter “clause (c)”, the word, brackets and letter

“clause (a)” shall be substituted.

17. Section 24 of the principal Act shall be omitted.

18. After section 29 of the principal Act, the following section shall be inserted,

namely:—

"29A. (1) The Central Government may, by notification in the Official Gazette,

make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power,

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

(a) guidelines which can be put in place by commercial organisation under

section 9;".

(b) guidelines for sanction of prosecution under sub-section (1) of

section 19;".

(3) 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

Substitution of

new section for

section 20.

Presumption

where public

servant

accepts any

undue

advantage.

A m e n d m e n t

of section 23.

Omission

section 24.

Insertion

new

section

29A.

Power to make

rules.

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¨sÁUÀ 4

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.”.

19. In the Prevention of Money Laundering Act, 2002, in Part A of the Schedule, for

Paragraph 8, the following Paragraph shall be substituted, namely:—

“PARAGRAPH 8

OFFENCES UNDER THE PREVENTION OF CORRUPTION ACT, 1988

(49 OF 1988)

Section Description of offence.

Offence relating to public servant being bribed.

7A.

Taking undue advantage to influence public servant by corrupt or illegal

means or by exercise of personal influence.

Offence relating to bribing a public servant.

Offence relating to bribing a public servant by a commercial organisation.

10.

Person in charge of commercial organisation to be guilty of offence.

11.

Public servant obtaining undue advantage, without consideration from person

concerned in proceeding or business transacted by such public servant.

12.

Punishment for abetment of offences.

13.

Criminal misconduct by a public servant.

14.

Punishment for habitual offender.”.

A m e n d m e n t

of Act 15 of

2003.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2018.07.26

21:22:06 +05'30'

P.R. 39

SC - 20

PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉÃ±Á£ÀÄ¸ÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,

Dgï. ²æÃ¤ªÁ¸À,

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

¸ÀPÁðgÀzÀ C¢üÃ£À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

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609

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 13 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 21-08-2018.

¢£ÁAPÀ: 19-01-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The National Bank

Agriculture and Rural Development (Amendment) Act, 2017 (No. 7 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ

¥ÀæPÀn¸À¯ÁVzÉ.

Short title and

commencement.

THE NATIONAL BANK FOR AGRICULTURE AND RURAL

DEVELOPMENT (AMENDMENT) ACT, 2017

NO. 7 OF 2018

[18th January, 2018.]

An Act further to amend the National Bank for Agriculture and

Rural Development Act, 1981.

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 National Bank for Agriculture and Rural Development

(Amendment) Act, 2018.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint, and different dates may be appointed for different provisions

of this Act.

2. In the National Bank for Agriculture and Rural Development Act, 1981 (hereinafter

referred to as the principal Act), in the long title, for the words “small-scale industries,

cottage and village industries”, the words “micro-enterprises, small enterprises and medium

enterprises, cottage and village industries, handlooms” shall be substituted.

Amendment

of long title.

61 of 1981.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 19th January, 2018/Pausha 29, 1939 (Saka)

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

18th January, 2018, and is hereby published for general information:—

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3. In section 2 of the principal Act,––

(a) clause (i) shall be omitted;

(b) after clause (k), the following clause shall be inserted, namely:––

‘(ka) “micro enterprise”, “small enterprise” and “medium enterprise”, shall

have the same meanings as are respectively assigned to them in the Micro, Small

and Medium Enterprises Development Act, 2006;’;

tiny and decentralised sector and small-scale industry and handicrafts”, the words

“micro-enterprises, small enterprises and medium enterprises, handicrafts, handlooms”

shall be substituted;

(d) clause (t) shall be omitted.

4. In section 3 of the principal Act, in sub-section (3), for the word “Bombay”, the word

“Mumbai” shall be substituted.

5. In section 4 of the principal Act,––

(a) in sub-section (1), for the proviso, the following provisos shall be substituted,

namely:––

“Provided that the Central Government may, by notification, increase the

said capital up to thirty thousand crore rupees:

Provided further that the Central Government may, in consultation with

the Reserve Bank and by notification, further increase the said capital to such

amount as it may deem necessary from time to time.”;

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

“(2) The capital of the National Bank which has been subscribed to by the

Reserve Bank valued at twenty crore rupees as on the date immediately preceding

the commencement of the National Bank for Agriculture and Rural Development

(Amendment) Act, 2017 shall, on such commencement, stand transferred to, and

vested in, the Central Government:

Provided that the National Bank may issue capital to such institutions and

persons in such manner as may be notified by the Central Government:

Provided further that the shareholding of the Central Government shall

not at any time be less than fifty-one per cent. of the total subscribed capital.

(3) The Central Government shall give to the Reserve Bank an amount

equal to the face value of the subscribed capital, valued at twenty crores of

rupees, referred to in sub-section (2), in cash, for transfer to, and vesting in the

Central Government of the capital of the National Bank which has been so

subscribed to by the said Bank.”.

6. In section 6 of the principal Act, in sub-section (1), in clause (b), for the words

“small-scale industries”, the words “micro-enterprises, small enterprises and medium

enterprises” shall be substituted.

7. In section 14 of the principal Act, in sub-section (1), for the words “small-scale

industries”, the words “micro-enterprises, small enterprises and medium enterprises” shall

be substituted.

8. In section 21 of the principal Act, in sub-section (1), in clause (v), for the words

“small-scale industries, industries in the tiny and decentralised sector, village and cottage

industries or of those engaged in the field of handicrafts,”, the words “village and cottage

industries, micro-enterprises, small enterprises and medium enterprises or of those engaged

in the field of handicrafts, handlooms” shall be substituted.

Amendment

of section 2.

Amendment

of section 3.

27 of 2006.

Amendment

of section 4.

Amendment

of section 6.

Amendment

of section 14.

Amendment

of section 21.

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¨sÁUÀ 4

9. In section 23 of the principal Act, for the words “small-scale industries, industries in

the tiny and decentralised sector, village and cottage industries and those engaged in the

field of handicrafts and other rural crafts,”, the words “village and cottage industries, micro

enterprises, small enterprises and medium enterprises and those engaged in the field of

handicrafts, handlooms and other rural crafts” shall be substituted.

10. In section 25 of the principal Act, in sub-section (1), in clause (c), for the words

“small-scale industries, industries in the tiny and decentralised sector, village and cottage

industries and those engaged in the field of handicrafts”, the words “village and cottage

industries, micro-enterprises, small enterprises and medium enterprises and those engaged

in the field of handicrafts, handlooms” shall be substituted.

11. In section 37A of the principal Act, in sub-section (1),––

(a) in the proviso, in clauses (a) and (b), for the words and figures “in section 617

of the Companies Act, 1956”, the words, brackets and figures “in clause (45) of section

2 of the Companies Act, 2013” shall be substituted;

(b) in the Explanation, for the words, brackets and figures “in clause (41) of

section 2 of the Companies Act, 1956”, the words, brackets and figures “in clause (77)

of section 2 of the Companies Act, 2013” shall be substituted.

12. In section 48 of the principal Act, in sub-section (1), for the words and figures

“section 226 of the Companies Act, 1956”, the words and figures “section 141 of the

Companies Act, 2013” shall be substituted.

13. In section 52A of the principal Act, in sub-section (1), for the words and figures

“the Companies Act, 1956”, the words and figures “the Companies Act, 2013” shall be

substituted.

Amendment

of section 23.

Amendment

of section 25.

Amendment

of section

37A.

Amendment

of section 48.

Amendment

of section

52A.

1 of 1956.

18 of 2013.

1 of 1956.

18 of 2013.

1 of 1956.

18 of 2013.

1 of 1956.

18 of 2013.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2018.01.19

22:14:10 +05'30'

P.R. 42

SC - 20

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Dgï. ²æÃ¤ªÁ¸À,

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¸ÀPÁðgÀzÀ C¢üÃ£À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 22 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 21-08-2018.

¢£ÁAPÀ: 16-02-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ Corrigenda in the

The National Bank Agriculture and Rural Development (Amendment) Act, 2017 (No. 7 of 2018) and Corrigendum in the Insolvency and

Bankruptcy Code (Amendment) Act, 2017 (No. 8 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 16th February, 2018/Magha 27, 1939 (Saka)

CORRIGENDA

IN THE NATIONAL BANK FOR AGRICULTURE AND RURAL

DEVELOPMENT (AMENDMENT) ACT, 2017

NO. 7 OF 2018

In the NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT

(AMENDMENT) ACT, 2017 (NO. 7 OF 2018) as published in the Gazette of India, Extraordinary, Part II,

Section 1, Issue No. 7, dated 19th January, 2018,—

(i) at page 1, in main title, for ‘‘Act, 2017’’, read ‘‘Act, 2018”;

(ii) at Page 2, in line 26, for ‘‘Act, 2017’’, read ‘‘Act, 2018”.

————

CORRIGENDUM

THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ACT, 2017

NO. 8 OF 2018

In the INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ACT, 2017 (NO. 8 OF 2018)

as published in the Gazette of India, Extraordinary, Part II, Section 1, Issue No. 8, dated the 19th January,

2018, at page No. 1, in main title, for ‘‘Act, 2017’’, read ‘‘Act, 2018”.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

P.R. 43

SC - 20

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Dgï. ²æÃ¤ªÁ¸À,

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¸ÀPÁðgÀzÀ C¢üÃ£À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

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¢£ÁAPÀ: 19-01-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The Goods and

Services Tax (Compensation to States) Amendment Act, 2017 (No. 9 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ

¥ÀæPÀn¸À¯ÁVzÉ.

THE GOODS AND SERVICES TAX (COMPENSATION TO STATES)

AMENDMENT ACT, 2017

NO. 9 OF 2018

[19th January, 2018.]

An Act to amend the Goods and Services Tax (Compensation to States)

Act, 2017.

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 Goods and Services Tax (Compensation to States)

Amendment Act, 2017.

(2) It shall be deemed to have come into force on the 2nd day of September, 2017.

2. In the Goods and Services Tax (Compensation to States) Act, 2017, in the Schedule,—

(i) after serial number 4 and the entries relating thereto, the following serial

number and entries shall be inserted, namely:—

Short title and

commencement.

Amendment

to Schedule.

15 of 2017.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 19th January, 2018/Pausha 29, 1939 (Saka)

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

19th January, 2018, and is hereby published for general information:—

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(1)

(2)

(3)

(4)

"4A

Motor vehicles for

8702 10,

Twenty-five

the transport of not

8702 20,

per cent. ad

more than thirteen

8702 30 or

valorem.";

persons, including

8702 90

the driver.

(ii) against serial number 5, for the entry in column (4), the entry "Twenty-five

per cent. ad valorem" shall be substituted.

3. (1) The Goods and Services Tax (Compensation to States) Amendment

Ordinance, 2017 is hereby repealed.

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

and Services Tax (Compensation to States) Act, 2017, as amended by the said Ordinance,

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

Repeal and

savings.

Ord. 5 of

2017.

15 of 2017.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2018.01.20

00:47:39 +05'30'

P.R. 44

SC - 20

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Dgï. ²æÃ¤ªÁ¸À,

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¸ÀPÁðgÀzÀ C¢üÃ£À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

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¢£ÁAPÀ: 08-01-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The Indian Institute

of Petroleum and Energy Act, 2017 (No. 3 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

THE INDIAN INSTITUTE OF PETROLEUM AND ENERGY ACT, 2017

NO. 3 OF 2018

[5th January, 2018.]

An Act to declare the institution known as the Indian Institute of Petroleum and

Energy to be an institution of national importance and to provide for its

incorporation 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 Indian Institute of Petroleum and Energy Act, 2017.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint, and different dates may be appointed for different provisions

of this Act.

2. Whereas the objects of the institution known as the Indian Institute of Petroleum

and Energy, Vishakhapatnam, Andhra Pradesh are such as to make the institution one of

national importance, it is hereby declared that the institution known as the Indian Institute of

Petroleum and Energy is an institution of national importance.

Short title and

commence-

ment.

Declaration

of Indian

Institute of

Petroleum

and Energy as

an institution

of national

importance.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 8th January, 2018/Pausha 18, 1939 (Saka)

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

5th January, 2018, and is hereby published for general information:—

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3. In this Act, unless the context otherwise requires,—

(a) "appointed day" means the date appointed under sub-section (2) of section 1

for coming into force of this Act;

(b) "Board" means the Board of Governors of the Institute constituted under

sub-section (1) of section 5;

(d) "Director" means the Director of the Institute appointed under section 20;

(e) "fund" means the fund of the Institute to be maintained under section 24;

(f) "General Council" means the General Council constituted under sub-section (1)

of section 15;

(g) "Institute" means the Indian Institute of Petroleum and Energy incorporated

under section 4;

(h) "President" means the President of the Board appointed under clause (a) of

sub-section (1) of section 5;

(i) "Registrar" means the Registrar of the Institute referred to in section 21;

(j) "Senate" means the Senate of the Institute referred to in section 17;

(k) "Society" means the Indian Institute of Petroleum and Energy Society,

Vishakhapatnam, Andhra Pradesh registered under the Andhra Pradesh Societies

Registration Act, 2001; and

(l) "Statutes" and "Ordinances" mean, respectively, the Statutes and the

Ordinances of the Institute made under this Act.

4. The Indian Institute of Petroleum and Energy, Vishakhapatnam, Andhra Pradesh,

an institution registered under the Andhra Pradesh Societies Registration Act, 2001, shall be

a body corporate having perpetual succession and a common seal with power, subject to the

provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by

that name, sue and be sued.

5. (1) With effect from such date as the Central Government may, by notification in the

Official Gazette, appoint, there shall be constituted by the Central Government for the purposes

of this Act, a Board to be known as the Board of Governors consisting of the following

members, namely:—

(a) the President to be appointed by the Central Government in such manner as

may be provided by the Statutes:

Provided that the first President shall be appointed by the Central Government on

such terms and conditions as it deems fit, for a period not exceeding six months from the date

the first Statutes comes into force;

(b) the Director of the Institute, ex officio;

nominated by the Central Government.

Explanation.—For the purposes of this clause, promoting companies mean

those companies contributing to the endowment fund referred to in section 25;

(d) one Professor of the Indian Institute of Science, Bangalore to be nominated

by the Director of that Institute;

(e) five eminent experts in the field of petroleum technology, renewable and

non-renewable energy covering the entire hydrocarbon value chain having specialised

knowledge or operational experience in respect of education, research, engineering

Definitions.

Andhra

Pradesh Act

35 of 2001.

Incorporation

of Institute.

Constitution

of Board of

Governors.

Andhra

Pradesh Act

35 of 2001.

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617

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and technology to be nominated by the General Council, in consultation with the

Director of the Institute;

( f ) two Professors of the Institute to be nominated by the Senate of the

Institute; and

(g) one representative of the graduates of the Institute to be nominated by the

Executive Committee of the Alumni Association.

(2) The Registrar of the Institute shall act as the Secretary of the Board.

(3) The Board shall ordinarily meet four times during a calendar year.

6. (1) Save as otherwise provided in this section, the term of office of the President or

any other member of the Board, other than ex officio members, shall be three years from the

date of his appointment or nomination thereto.

(2) An ex officio member shall cease to be a member of the Board as soon as he vacates

the office by virtue of which he is a member of the Board.

(3) The term of a member nominated to fill a casual vacancy shall continue for the

remainder of the term of the member in whose place he has been nominated.

(4) Notwithstanding anything contained in this section, an outgoing member shall,

unless the Central Government otherwise directs, continue in office until another person is

nominated as a member in his place.

(5) The members of the Board shall be entitled to such allowances, if any, from the

Institute, as may be provided for in the Statutes, but no member other than the member

referred to in clause (f) of section 5 shall be entitled to any salary.

7. On and from the appointed day and subject to the other provisions of this Act, all

properties which had vested in the Society immediately before that day, shall, on and from

that day, vest in the Institute.

8. On and from the appointed day,—

(a) any reference to the Society in any contract or other instrument shall be

deemed as a reference to the Institute;

(b) all the rights and liabilities of the Society shall be transferred to, and be the

rights and liabilities of, the Institute.

9. The Institute shall perform the following functions, namely:—

(i) nurture and promote quality and excellence in education and research in the

area of petroleum and hydrocarbons and energy;

(ii) provide for programmes and courses of instruction and research leading to

the award of the Bachelors, Masters and Doctoral degrees in engineering and

technology, management, sciences and arts in the area of petroleum and hydrocarbons

and energy;

(iii) grant, subject to such conditions as the Institute may determine, degrees,

diplomas, certificates or other academic distinctions or titles at various academic levels

to candidates who have attained the prescribed standard of proficiency as judged on

the basis of examination or on any other basis of testing and evaluation and to withdraw

any such degrees, diplomas, certificates or other academic distinctions or titles for

good and sufficient reasons;

(iv) confer honorary degrees or other distinctions and to institute and award

fellowships, scholarships, exhibitions, prizes and medals;

(v) lay down standards of admission to the Institute through an examination or

any other method of testing and evaluation;

Term of

office of,

vacancies

among, and

allowances

payable to,

members of

Board.

Vesting of

properties.

Effect of

incorporation

of Institute.

Functions of

Institute.

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(vi) manage the content, quality, design and continuous evaluation of its academic

and research programmes in a manner that earns accreditation of an international

stature;

(vii) promote research and development for the benefit of oil, gas and

petrochemical industry and the energy sector through the integration of teaching and

research;

(viii) foster close educational and research interaction through networking with

national, regional and international players in the oil, gas and petrochemical industry

and the energy sector;

(ix) co-operate with educational and research institutions in any part of the

world having objects wholly or partly similar to those of the Institute by exchange of

teachers and scholars, conduct of joint research, undertaking sponsored research and

consultancy projects, etc;

(x) organise national and international symposia, seminars and conferences in

the area of petroleum and hydrocarbons and energy;

(xi) establish, maintain and manage halls, residences and hostels for students

and to lay down conditions for residing in the halls and hostels;

(xii) supervise, control and regulate the discipline of all categories of employees

of the Institute and to make arrangements for promoting their health and general

welfare;

(xiii) supervise and regulate the discipline of students and to make arrangements

for promoting their health, general welfare and cultural and corporate life;

(xiv) frame Statutes and to alter, modify or rescind the same;

(xv) deal with any property belonging to or vested in the Institute in such

manner as the Institute may deem fit for advancing its objects;

(xvi) receive gifts, grants, donations or benefactions from the Central Government

and the State Governments and to receive bequests, donations, grants and transfers

of movable or immovable properties from testators, donors, transferors, alumni, industry

or any other person;

(xvii) borrow money for the purposes of the Institute with or without security

of the property of the Institute;

(xviii) integrate new technology in the classroom to encourage student-centric

learning strategies and the development of an attitude for learning;

(xix) develop and maintain an information resource centre of print and non-print

knowledge resources in the field of petroleum sector covering the entire hydrocarbon

value chain as well as other related areas of energy, science and technology;

(xx) provide for further education to the working professionals and other

employees of the Institute in the advanced areas of technology relating to oil, gas,

complete hydrocarbon value chain and energy;

(xxi) offering customised programmes that serve the current and ongoing needs

of working professionals for continuing education at the cutting-edge of petroleum

and energy sector at the campus of the Institute or at company site;

(xxii) encouraging industry to sponsor their staff to join the Institute for higher

degrees and work on problems that interest the sponsoring industry thus helping

develop deeper interactions and a research environment in the industry;

(xxiii) fostering the creation of new basic knowledge and applied technology

and its active transmission to companies for the benefit of the nation and for this

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purpose establishing an Intellectual Property Rights cell to patent the new

developments made at the Institute and to license them nationally and internationally;

(xxiv) being proactive in supporting the skill development programmes of the

Government of India by training people in various related areas by way of certificate

and diploma courses at the campus of the Institute or at other locations and involving

industry in design and conduct of curricula;

(xxv) giving broad focus to the functioning of the Institute in the area of petroleum

and petroleum related technologies under the wide umbrella of energy; and

(xxvi) doing all such things, not specifically covered above, as may be necessary,

incidental or conducive to the attainment of all or any of the objects of the Institute.

10. (1) Subject to the provisions of this Act, the Board shall be responsible for the

general superintendence, direction and control of the affairs of the Institute and shall

exercise all the powers not otherwise provided for by this Act, the Statutes and the Ordinances,

and shall have the power to review the acts of the Senate.

(2) Without prejudice to the provisions of sub-section (1), the Board shall—

(a) take decisions on questions of policy relating to the administration and

working of the Institute;

(b) lay down policy regarding the duration of the courses, nomenclature of the

degrees and other distinctions to be conferred by the Institute;

other academic distinctions in respect of the courses offered by the Institute;

(d) lay down policy regarding the cadre structure, qualification, the method of

recruitment and conditions of service of the teaching and research faculty as well as

other employees of the Institute;

(e) guide resource mobilisation of the Institute and to lay down policies for

investment;

(f) consider and approve proposals for taking loans for purposes of the Institute

with or without security of the property of the Institute;

(g) frame Statutes and to alter, modify or rescind the same;

(h) consider and pass resolutions on the annual report, the annual accounts and

the budget estimates of the Institute for the next financial year as it thinks fit together

with a statement of its development plans;

(i) create academic, administrative, technical and other posts and to make

appointments thereto and to provide avenues for their growth and development;

(j) examine and approve the development plans of the Institute and the financial

implications of such plans;

(k) examine and approve the annual operation and capital budget estimates of

Institute for the next financial year and to sanction expenditure within the limits of the

approved budget;

(l) receive gifts, grants, bequests, donations or benefactions and transfer of

movable or immovable properties from the Central Government and the State

Governments and from testators, donors, or transferors, as the case may be, and to

have custody of the funds of the Institute;

(m) fix, demand and receive fees and other charges;

(n) to sue and defend all legal proceedings on behalf of the Institute; and

Powers of

Board.

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(o) do all such things as may be necessary, incidental or conducive to the

attainment of all or any of the aforesaid powers.

(3) The Board shall have the power to appoint such committees as it considers necessary

for the exercise of its powers and the performance of its duties under this Act.

(4) The Board shall have the power to establish campus and academic centres at any

place within or outside India:

Provided that no campus or academic centre shall be established outside India without

the prior approval of the Central Government.

(5) Notwithstanding anything contained in section 4, the Board shall not dispose of in

any manner, any immovable property of the Institute without prior approval of the Central

Government.

(6)The Board may, through a specific resolution to this effect, delegate any of its

powers and duties to the President, Director, any officer or any authority of the Institute

subject to reserving the right to review the action that may be taken under such delegated

authority.

11. (1) The Institute shall be open to persons of either sex and of whatever race, creed,

caste or class, and no test or condition shall be imposed as to religious belief or profession

in admitting students, appointing teachers or employees or in any other connection

whatsoever.

(2) No bequest, donation or transfer of any property shall be accepted by the Institute

which in the opinion of the Board involves conditions or obligations opposed to the spirit

and object of this section.

12. All teaching and other academic activities at the Institute shall be conducted by

or in the name of the Institute in accordance with the Statutes and the Ordinances made in

this behalf.

13. (1) The President of India shall be the Visitor of the Institute.

(2) The Visitor may appoint one or more persons to review the work and progress of

the Institute and to hold inquiries into the affairs thereof and to report thereon in such

manner as the Visitor may direct.

(3) Upon receipt of any such report, the Visitor may take such action and issue such

directions as he considers necessary in respect of any of the matters dealt with in the report

and the Institute shall be bound to comply with such directions.

14. The following shall be the authorities of the Institute, namely:—

(a) the General Council;

(b) the Board of Governors;

(c ) the Senate; and

(d) such other authorities as may be declared by the Statutes to be the authorities

of the Institute.

15. (1) With effect from such date as the Central Government may, by notification in

the Official Gazette, appoint, there shall be constituted, for the purposes of this Act, a body

to be known as the General Council.

(2) The General Council shall consist of the following members, namely:—

(a) the Secretary, Ministry of Petroleum and Natural Gas in the Central

Government, ex officio, who shall be the Chairperson;

(b) the Chairman, Indian Oil Corporation Limited, ex officio;

Institute to be

open to all

races, creeds

and classes.

Teaching at

the Institute.

Visitor.

Authorities of

Institute.

Constitution

of General

Council.

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Limited, ex officio;

(d) the Chairman and Managing Director, Oil and Natural Gas Corporation,

ex officio;

(e) the Chairman and Managing Director, Gas Authority of India Limited,

ex officio;

(f) the Director General of Hydrocarbons, ex officio;

(g) the Principal Advisor (Energy), NITI Aayog, ex officio;

(h) the Executive Director, Oil Industry Safety Directorate, ex officio;

(i) the Director, Indian Institute of Science, Bangalore, ex officio;

(j) the Director, Indian Institute of Chemical Technology, Hyderabad, ex officio;

(k) the Secretary, Oil Industry Development Board, ex officio;

(l) the President of the Board, ex officio;

(m) the Director of the Institute , ex officio; and

(n) persons, not less than two but not exceeding four, representing the private

entities in the field of petroleum sector operating in the country, to be nominated by

the Chairperson.

(3) The Registrar of the Institute shall be the ex officio Secretary of the General

Council.

(4) The Chairperson shall have the power to invite any person who is not a member of

the General Council to attend its meeting but such invitee shall not be entitled to vote.

16. Subject to the provisions of this Act, the General Council shall have the following

powers and functions, namely:—

(a) review from time to time the broad policies and programmes of the Institute

and to suggest measures for the improvement, development and expansion of the

Institute thereof;

(b) consider the annual statement of accounts including a balance-sheet together

with the audit report thereto and the observations of the Board of Governors thereon

and to suggest improvements in fiscal management of the Institute;

advise measures for improvement of performance and for confidence-building between

the Institute and its stakeholders;

(d) provide credibility, aura, connectivity and contacts for the Institute especially

with regard to student placement and resource mobilisation;

(e) advise the Institute and its Board in respect to new cutting edge areas of

technology in the domain of energy and hydrocarbon development including oil, gas,

renewable and non-renewable energy, etc., that the Institute needs to pursue, as well

as in respect of any other matter referred to it by the Board for advice; and

(f) advise the Institute and its Board in respect of the advanced areas of

technology in the field of petroleum sector covering the entire hydrocarbon value

chain as well as in respect of any other matter that may be referred to it for advice by

the Board.

17. The Senate of the Institute shall be the principal academic body and its composition

shall be such as may be provided by the Statutes.

Powers and

functions of

General

Council.

Senate.

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18. Subject to the provisions of this Act, the Statutes and the Ordinances, the Senate

shall have the control and general regulation, and be responsible for the maintenance of

standards of instruction, education and examination in the Institute and shall exercise such

other powers and perform such other duties as may be conferred or imposed upon it by the

Statutes.

19. (1) The President shall ordinarily preside at the meetings of the Board and at the

Convocations of the Institute.

(2) It shall be the duty of the President to ensure that the decisions taken by the Board

are implemented.

(3) The President shall exercise such other powers and perform such other duties as

may be assigned to him by this Act or the Statutes.

20. (1) The Director of the Institute shall be appointed by the Central Government in

such manner and on such terms and conditions as may be provided by the Statutes:

Provided that the first Director shall be appointed by the Central Government on such

terms and conditions as it deems fit, for a period not exceeding one year from the date the first

Statutes come into force.

(2) The Director shall be the principal academic and executive officer of the Institute

and shall be responsible for the proper administration and academic performance of the

Institute and for imparting of instruction and maintenance of discipline therein.

(3) The Director shall submit annual reports and accounts to the Board.

(4) The Director shall exercise such other powers and perform such other duties as

may be assigned to him by this Act, the Statutes or the Ordinances.

21. (1) The Registrar of the Institute shall be appointed in such manner and on such

terms and conditions as may be provided by the Statutes and shall be the custodian of

records, the common seal, the funds of the Institute and such other property of the Institute

as the Board shall commit to his charge.

(2) The Registrar shall act as the Secretary of the General Council, the Board, the

Senate and such committees as may be provided by the Statutes.

(3) The Registrar shall be responsible to the Director for the proper discharge of his

functions.

(4) The Registrar shall exercise such other powers and perform such other duties as

may be assigned to him by this Act, the Statutes or by the Director.

22. The powers and duties of authorities and officers, other than those hereinbefore

mentioned, shall be determined by the Statutes.

23. For the purpose of enabling the Institute to discharge its functions efficiently

under this Act, the Central Government may, after due appropriation made by Parliament by

law in this behalf, pay to the Institute such sums of money and in such manner as it may

think fit.

24. (1) The Institute shall maintain a fund to which shall be credited—

(a) all moneys provided by the Central Government;

(b) all fees and other charges;

benefactions, bequests or transfers; and

Functions of

Senate.

President of

Board.

Director.

Registrar.

Powers and

duties of

other

authorities

and officers.

Grants by

Central

Government.

Fund of

Institute.

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(d) all moneys received by the Institute in any other manner or from any other

source.

(2) All moneys credited to the fund shall be deposited in such banks or invested in

such manner as may be decided by the Board.

(3) The fund shall be applied towards meeting the expenses of the Institute including

expenses incurred in the exercise of its powers and discharge of its duties under this Act.

25. Notwithstanding anything contained in section 24, the Institute may,—

(a) set-up an endowment fund and any other fund for a specified purpose; and

(b) transfer money from its fund to the endowment fund or any other fund.

26. The Institute shall prepare, in such form and at such time every year, a budget in

respect of the financial year next ensuing, showing the estimated receipts and expenditure of

the Institute and shall forward to the Central Government such number of copies thereof as

may be provided by the Statutes.

27. (1) The Institute shall maintain proper accounts and other relevant records and

prepare an annual statement of accounts, including the balance-sheet, 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 Institute shall be audited by the Comptroller and Auditor-General

of India and any expenditure incurred by him in connection with such audit shall be payable

by the Institute to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by him in

connection with the audit of the accounts of the Institute shall have the same rights,

privileges and authority in connection with such audit as the Comptroller and Auditor-General

of India 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 the offices of the Institute.

(4)The accounts of the Institute 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 and that Government shall

cause the same to be laid before each House of Parliament.

28. The Institute shall prepare for every year a report of its activities during that year

and submit the report to the Central Government in such form and on or before such date as

may be provided by the Statutes and a copy of this report shall be laid before both Houses

of Parliament within one month of its receipt.

29. (1) The Institute shall constitute for the benefit of its employees, including the

Director, such pension, insurance and provident fund scheme as it deems fit, in such manner

and subject to such conditions as may be provided by the Statutes.

(2) Where any such provident fund has been so constituted, the Central Government

may declare that the provisions of the Provident Funds Act, 1925 shall apply to such fund as

if it were a Government provident fund.

30. All orders and decisions of the Institute shall be authenticated by the Director or

any other member authorised by the Institute in this behalf and all other instruments shall be

authenticated by the signature of the Director or such officers as may be authorised by the

Institute.

31. All appointments of the staff of the Institute, except that of the Director shall be

made in accordance with the procedure laid down in the Statutes,—

(a) by the Board, if the appointment is made on the academic staff in the post of

Assistant Professor or above or if the appointment is made on the non-academic staff

Setting-up of

endowment

fund.

Budget of

Institute.

Accounts and

audit.

Annual

report.

Pension,

provident

fund, etc.

Authentication

of orders and

instruments of

Institute.

Appointments.

19 of 1925.

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¨sÁUÀ 4

in any cadre, the maximum of the pay scale for which is the same or higher than that of

Assistant Professor; and

(b) by the Director, in any other case.

32. Subject to the provisions of this Act, the Statutes may provide for all or any of the

following matters, namely:—

(a) the formation of departments of teaching and other academic units;

(b) the institution of fellowships, scholarships, exhibitions, medals and prizes;

duties and other terms and conditions of service of the officers of the Institute including

the President, the Director, the Registrar, and such other officers as may be declared as

officers of the Institute by the Statutes;

(d) the classification, the method of appointment and the determination of the

terms and conditions of service of officers, teachers and other staff of the Institute;

(e) the reservation of posts for the Scheduled Castes, the Scheduled Tribes and

other categories of persons as may be determined by the Central Government;

(f) the form in which and the time at which the budget and reports shall be

prepared by the Institute;

(g) the form of annual report;

(h) the constitution of pension, insurance and provident funds for the benefit of

the officers, teachers and other staff of the Institute;

(i) the constitution, powers and duties of the other authorities of the Institute

referred to in clause (d) of section 14;

(j) the delegation of powers;

(k) the code of conduct, disciplinary actions thereto for misconduct including

removal from service of employees on account of misconduct and the procedure for

appeal against the actions of an officer or authority of the Institute;

(l) the conferment of honorary degrees;

(m) the establishment and maintenance of halls, residences and hostels;

(n) the authentication of the orders and decisions of the Board; and

(o) any other matter which by this Act is to be, or may be, provided by the

Statutes.

33. (1) The first Statutes of the Institute shall be framed by the Central Government

and a copy of the same shall be laid, as soon as may be after it is made, before each House of

Parliament.

(2)The Board may, from time to time, make new or additional Statutes or may amend or

repeal the Statutes in the manner hereafter in this section provided.

(3) A new Statute or addition to the Statutes or any amendment or repeal of a Statute

shall require the previous approval of the General Council who may assent thereto or withhold

assent or remit it to the Board for consideration.

(4) A new Statute or a Statute amending or repealing an existing Statute shall have no

validity unless it has been assented to by the General Council.

34. Subject to the provisions of this Act and the Statutes, the Ordinances may provide

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

(a) the admission of the students to the Institute;

Statutes.

Statutes how

made.

Ordinances.

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(b) the reservation for the Scheduled Castes, the Scheduled Tribes and other

categories of persons;

of the Institute;

(d) the conditions under which students shall be admitted to the degree, diploma

and certificate courses and to the examinations of the Institute and the eligibility

conditions for awarding the same;

(e) the conditions of award of the fellowships, scholarships, exhibitions, medals

and prizes;

(f) the conditions and manner of appointment and duties of examining bodies,

examiners and moderators;

(g) the conduct of examinations;

(h) the maintenance of discipline among the students of the Institute;

(i) the fees to be charged for courses of study at the Institute and for admission

to the examinations;

(j) the conditions of residence of students of the Institute and the levying of the

fees for residence in the halls and hostels and of other charges; and

(k) any other matter which by this Act or the Statutes is to be, or may be,

provided for by the Ordinances.

35. (1) The First Ordinance of the Institute shall be framed by the Central Government.

(2) Save as otherwise provided in this section, Ordinances shall be made by the

Senate.

(3) All Ordinances made by the Senate shall have effect from such date as it may direct,

but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall

be considered by the Board at its next succeeding meeting.

(4) The Board shall have power by resolution to modify or cancel any such Ordinance

and such Ordinance shall from the date of such resolution stand modified accordingly or

cancelled, as the case may be.

36. The authorities of the Institute may have their own rules of procedure, consistent

with the provisions of this Act, the Statutes and the Ordinances for the conduct of their own

business and that of the committees, if any, appointed by them and not provided for by this

Act, the Statutes or the Ordinances.

37. (1) Any dispute arising out of a contract between the Institute and any of its

employees shall, at the request of the employee concerned or at the instance of the Institute,

be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute,

one member nominated by the employee, and an umpire appointed by the Visitor.

(2) The decision of the Tribunal of Arbitration shall be final.

(3) No suit or proceeding shall lie in any court in respect of any matter which is

required by sub-section (1) to be referred to the Tribunal of Arbitration.

(4) The Tribunal of Arbitration shall have power to regulate its own procedure.

(5) Nothing in any law for the time being in force relating to arbitration shall apply to

arbitrations under this section.

Ordinances

how made.

Conduct of

business by

authorities of

Institute.

Tribunal of

Arbitration.

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38. No act of the Institute or the General Council or Board or Senate or any other body

set-up under this Act or the Statutes, shall be invalid merely by reasons of—

(a) any vacancy in, or defect in the constitution thereof, or

(b) any defect in the election, nomination or appointment of a person acting as a

member thereof, or

39. Notwithstanding anything in the University Grants Commission Act, 1956 or in

any other law for the time being in force, the Institute shall have power to grant degrees and

other academic distinctions and titles under this Act.

40. Notwithstanding anything in this Act, whenever the Institute receives funds from

any Government, the University Grants Commission or any other agency including industry

sponsoring a research scheme, a consultancy assignment, a teaching programme or a chaired

professorship or a scholarship, to be executed or endowed at the Institute,—

(a) the amount received shall be kept by the Institute separately from the fund

of the Institute and utilised only for the purpose of the scheme; and

(b) the staff required to execute the same shall be recruited in accordance with

the terms and conditions stipulated by the sponsoring organisation:

Provided that any money remaining unutilised under clause (a) shall be transferred to

the endowment fund created under section 25.

41. The Institute shall carry out such directions as may be issued to it from time to time

by the Central Government for the efficient administration of this Act.

42. If in, or in connection with, the exercise of its powers and discharge of its

functions by the Institute under this Act, any dispute or difference arises between the

Institute and the Central Government, the decision of the Central Government thereon shall

be final.

43. (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 or give

such directions not inconsistent with the provisions of this Act, as appears to it to be

necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of two years from the

appointed day.

(2) Every order made under this section shall be laid, as soon as may be after it is made,

before each House of Parliament.

44. Notwithstanding anything contained in this Act,—

(a) the Board of Governors of the Society functioning as such immediately

before the commencement of this Act shall continue to so function until a new Board

is constituted for the Institute under this Act, but on the constitution of a new Board

under this Act, the members of the Board holding office before such constitution shall

cease to hold office; and

(b) until the first Statutes and the Ordinances are made under this Act, the

Statutes and the Ordinances of the Indian Institute of Petroleum and Energy Society,

as in force, immediately before the commencement of this Act, shall continue to

apply to the Institute insofar as they are not inconsistent with the provisions of

this Act.

Acts and

proceedings

not to be

invalidated by

vacancies.

Grant of

degrees, etc.,

by Institute.

Sponsored

schemes.

Control by

Central

Government.

Resolution of

differences.

Power to

remove

difficulties.

Transitional

provisions.

3 of 1956.

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45. (1) Every Statute and every Ordinance made or notification issued under this Act

shall be published in the Official Gazette.

(2) Every Statute and every Ordinance made or notification issued 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 Statute, Ordinance or notification or both Houses agree that the Statute, Ordinance or

notification should not be made or issued, the Statute, Ordinance or notification 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 Statute, Ordinance or notification.

(3) The power to make the Statutes, Ordinances or notifications shall include the

power to give retrospective effect from a date not earlier than the date of commencement of

this Act, to the Statutes, Ordinances, notifications or any of them but no retrospective effect

shall be given to any Statute, Ordinance or notification so as to prejudicially affect the

interests of any person to whom such Statute, Ordinance or notification may be applicable.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

Statutes,

Ordinances

and

notifications

to be

published in

the Official

Gazette and

to be laid

before

Parliament.

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2018.01.08

21:51:27 +05'30'

P.R. 45

SC - 20

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and Amending Act, 2017 (No. 2 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

THE REPEALING AND AMENDING ACT, 2017

NO. 2 OF 2018

[5th January, 2018.]

An Act to repeal certain enactments and to amend certain other enactments.

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

follows:—

1. This Act may be called the Repealing and Amending Act, 2017.

2. The enactments specified in the First Schedule are hereby repealed to the extent

mentioned in the fourth column thereof.

3. The enactments specified in the Second Schedule are hereby amended to the extent

and in the manner mentioned in the fourth column thereof.

4.The repeal by this Act of any enactment shall not affect any other enactment in

which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not 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;

Short title.

Repeal of

certain

enactments.

Amendment

of certain

enactments.

Savings.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 8th January, 2018/Pausha 18, 1939 (Saka)

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

5th January, 2018, and is hereby published for general information:—

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or

course 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;

nor shall the repeal by this Act of any enactment 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.

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THE FIRST SCHEDULE

(See section 2)

REPEALS

Year

No.

Short title

Extent of repeal

1850

XXXVII

The Public Servants (Inquiries) Act, 1850

The whole.

1852

VIII

The Sheriffs' Fees Act, 1852

The whole.

1866

XXI

The Converts' Marriage Dissolution Act, 1866

The whole.

1867

The Ganges Tolls Act, 1867

The whole.

1892

The Marriages' Validation Act, 1892

The whole.

1897

The Public Servants (Inquiries) Amendment Act, 1897

The whole.

1897

The Repealing and Amending Act, 1897

The whole.

1897

XIV

The Indian Short Titles Act, 1897

The whole.

1899

XXIII

The Church of Scotland Kirk Sessions Act, 1899

The whole.

1901

The Amending Act, 1901

The whole.

1903

The Amending Act, 1903

The whole.

1928

XII

The Hindu Inheritance (Removal of Disabilities) Act, 1928

The whole.

1929

XXI

The Transfer of Property (Amendment) Supplementary Act, 1929

So much as is not

repealed.

1934

XXVII

The Assam Criminal Law Amendment (Supplementary) Act, 1934

The whole.

1935

XIII

The Jubbulpore and Chhattisgarh Divisions (Divorce Proceedings Validation) Act, 1935

The whole.

1936

The Decrees and Orders Validating Act, 1936

The whole.

1936

XVI

The Bangalore Marriages Validating Act, 1936

The whole.

1938

The Hindu Women's Right to Property (Amendment) Act, 1938

The whole.

1939

XXIX

The Indian Tariff (Fourth Amendment) Act, 1939

The whole.

1946

XXII

The Mica Mines Labour Welfare Fund Act, 1946

The whole.

1948

The Indian Matrimonial Causes (War Marriages) Act, 1948

The whole.

1948

The Imperial Library (Change of Name) Act, 1948

The whole.

1950

XXXIII

The Opium and Revenue Laws (Extension of Application) Act, 1950

The whole.

1951

The Code of Criminal Procedure (Amendment) Act, 1951

So much as is not

repealed.

1951

The Code of Civil Procedure (Amendment) Act, 1951

So much as is not

repealed.

1953

The Administration of Evacuee Property (Amendment) Act, 1953

The whole.

1954

The Ancient and Historical Monuments and Archaeological Sites and Remains

(Declaration of National Importance) Amendment Act, 1953

The whole.

1954

The Administration of Evacuee Property (Amendment) Act, 1954

The whole.

1955

The Code of Criminal Procedure (Amendment) Act, 1955

So much as is not

repealed.

1956

The Sales-Tax Laws Validation Act, 1956

The whole.

1956

The Representation of the People (Second Amendment) Act, 1956

The whole.

1956

The Code of Civil Procedure (Amendment) Act, 1956

So much as is not

repealed.

1956

The Ancient and Historical Monuments and Archaeological Sites and Remains

The whole.

(Declaration of National Importance) Amendment Act, 1956

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¨sÁUÀ 4

1956

The Administration of Evacuee Property (Amendment) Act, 1956

The whole.

1956

The Young Persons (Harmful Publications) Act, 1956

The whole.

1956

100

The Motor Vehicles (Amendment) Act, 1956

The whole.

1959

The Central Excises and Salt (Amendment) Act, 1959

So much as is not

repealed.

1959

The Criminal Law (Amendment) Act, 1959

So much as is not

repealed.

1959

The Miscellaneous Personal Laws (Extension) Act, 1959

The whole.

1959

The Mineral Oils (Additional Duties of Excise and Customs) Amendment Act, 1959

So much as is not

repealed.

1959

The Married Women's Property (Extension) Act, 1959

The whole.

1960

The Displaced Persons (Compensation and Rehabilitation) Amendment Act, 1960

So much as is not

repealed.

1960

The Motor Vehicles (Amendment) Act, 1960

So much as is not

repealed.

1960

The Hindu Marriages (Validation of Proceedings) Act, 1960

The whole.

1960

The Central Excises (Conversion to Metric Units) Act, 1960

So much as is not

repealed.

1960

The Customs Duties and Cesses (Conversion to Metric Units) Act, 1960

So much as is not

repealed.

1960

The British Statutes (Application to India) Repeal Act, 1960

The whole.

1966

The Representation of the People (Amendment) Act, 1966

So much as is not

repealed.

1969

The Punjab Legislative Council (Abolition) Act, 1969

The whole.

1971

The Bengal Finance (Sales Tax) (Delhi Validation of Appointments and

The whole.

Proceedings) Act, 1971

1971

The Coal Bearing Areas (Acquisition and Development) Amendment and

The whole.

Validation Act, 1971

1972

The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972

The whole.

1976

The Delhi Sales Tax (Amendment and Validation) Act, 1976

The whole.

1980

The Code of Criminal Procedure (Amendment) Act, 1980

So much as is not

repealed.

1981

The Cine-workers Welfare Cess Act, 1981

The whole.

1983

The Delegated Legislation Provisions (Amendment) Act, 1983

The whole.

1984

The Government of Union Territories (Amendment) Act, 1984

So much as is not

repealed.

1985

The Tea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985

The whole.

1985

The Banking Laws (Amendment) Act, 1985

So much as is not

repealed.

1986

The Additional Duties of Excise (Textiles and Textile Articles) Amendment Act, 1985

The whole.

1986

The Additional Duties of Excise (Goods of Special Importance) Second Amendment

The whole.

Act, 1985

1986

The Customs Tariff (Amendment) Act, 1985

The whole.

1986

The Administrative Tribunals (Amendment) Act, 1986

So much as is not

repealed.

1986

The Taxation Laws (Amendment and Miscellaneous Provisions) Act, 1986

The whole.

1999

The Contingency Fund of India (Amendment) Act, 1999

The whole.

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631

¨sÁUÀ 4

1999

The Securities Laws (Amendment) Act, 1999

The whole.

1999

The Securities Laws (Second Amendment) Act, 1999

The whole.

1999

The Vice-President's Pension (Amendment) Act, 1999

The whole.

2000

The President's Emoluments and Pension (Amendment) Act, 2000

The whole.

2000

The Protection of Human Rights (Amendment) Act, 2000

The whole.

2001

The Colonial Prisoners Removal (Repeal) Act, 2001

The whole.

2001

The Industrial Disputes (Banking Companies) Decision (Repeal) Act, 2001

The whole.

2001

The Judicial Administration Laws (Repeal) Act, 2001

The whole.

2001

The Indian Railway Companies (Repeal) Act, 2001

The whole.

2001

The Railway Companies (Substitution of Parties in Civil Proceedings) Repeal Act, 2001

The whole.

2001

The Hyderabad Export Duties (Validation) Repeal Act, 2001

The whole.

2001

The Code of Criminal Procedure (Amendment) Act, 2001

The whole.

2002

The St. John Ambulance Association (India) Transfer of Funds (Repeal) Act, 2002

The whole.

2002

The Code of Civil Procedure (Amendment) Act, 2002

The whole.

2002

The Vice-President's Pension (Amendment) Act, 2002

The whole.

2002

The National Institute of Pharmaceutical Education and Research (Amendment) Act, 2002

The whole.

2002

The Securities and Exchange Board of India (Amendment) Act, 2002

The whole.

2002

The North-Eastern Council (Amendment) Act, 2002

The whole.

2003

The Customs Tariff (Amendment) Act, 2003

The whole.

2003

The Prevention of Insults to National Honour (Amendment) Act, 2003

The whole.

2004

The Uttar Pradesh Reorganisation (Amendment) Act, 2003

The whole.

2004

The Special Tribunals (Supplementary Provisions) Repeal Act, 2004

The whole.

2004

The Unlawful Activities (Prevention) Amendment Act, 2004

The whole.

2005

The Securities Laws (Amendment) Act, 2004

The whole.

2005

The Central Excise Tariff (Amendment) Act, 2004

The whole.

2005

The Hire-purchase (Repeal) Act, 2005

The whole.

2005

The Prevention of Insults to National Honour (Amendment) Act, 2005

The whole.

2006

The Khadi and Village Industries Commission (Amendment) Act, 2006

The whole.

2006

The Delhi Special Police Establishment (Amendment) Act, 2006

The whole.

2006

The Union Duties of Excise (Electricity) Distribution Repeal Act, 2006

The whole.

2006

The Protection of Human Rights (Amendment) Act, 2006

The whole.

2006

The Jallianwala Bagh National Memorial (Amendment) Act, 2006

The whole.

2007

The Administrative Tribunals (Amendment) Act, 2007

The whole.

2007

The Taxation Laws (Amendment) Act, 2007

Sections 9 to 11.

2007

The National Institute of Pharmaceutical Education and Research (Amendment) Act, 2007

The whole.

2007

The Securities Contracts (Regulation) Amendment Act, 2007

The whole.

2008

The President's Emoluments and Pension (Amendment) Act, 2008

The whole.

2008

The Vice-President's Pension (Amendment) Act, 2008

The whole.

2008

The Unlawful Activities (Prevention) Amendment Act, 2008

The whole.

2009

The Governors (Emoluments, Allowances and Privileges) Amendment Act, 2008

The whole.

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THE SECOND SCHEDULE

(See section 3)

AMENDMENTS

Year

No.

Short title

Amendments

2007

The National Institutes of Technology, Science

In clause (d) of section 3, the words "as the

Education and Research Act, 2007

case may be" shall be omitted.

2009

The Prevention and Control of Infectious and

In sub-section (1) of section 1, for the word

Contagious Diseases in Animals Act, 2009

and figures "Bill, 2009", the word and figures

"Act, 2009" shall be substituted.

2009

The Right of Children to Free and Compulsory

In section 1, for the marginal heading, the

Education Act, 2009

marginal heading "Short title, extent,

application and commencement" shall be

substituted.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

MANOJ

KUMAR

Digitally signed

by MANOJ

KUMAR

Date: 2018.01.08

21:47:39 +05'30'

P.R. 46

SC - 20

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¸ÀASÉå: ¸ÀAªÀå±ÁE 12 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 21-08-2018.

¢£ÁAPÀ: 01-08-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The Fugitive

Economic Offenders Act, 2018 (No. 17 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

THE FUGITIVE ECONOMIC OFFENDERS ACT, 2018

NO. 17 OF 2018

[31st July, 2018.]

An Act to provide for measures to deter fugitive economic offenders from evading

the process of law in India by staying outside the jurisdiction of Indian courts,

to preserve the sanctity of the rule of law in India and for matters connected

therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Fugitive Economic Offenders Act, 2018.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 21st day of April, 2018.

Short title,

extent and

commencement.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 1st August, 2018/Shravana 10, 1940 (Saka)

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

31st July, 2018, and is hereby published for general information:—

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

(a) “Administrator” means an Administrator appointed under sub-section (1) of

section 15;

(b) “benami property” and “benami transaction” shall have the same meanings

as assigned to them under clauses (8) and (9) respectively of section 2 of the Prohibition

of Benami Property Transactions Act, 1988;

which arrangements have been made by the Central Government with the Government

of such country through a treaty or otherwise;

(d) “Deputy Director” means the Deputy Director appointed under

sub-section (1) of section 49 of the Prevention of Money-laundering Act, 2002;

(e) “Director” means the Director appointed under sub-section (1) of section 49

of the Prevention of Money-laundering Act, 2002;

(f) “fugitive economic offender” means any individual against whom a warrant

for arrest in relation to a Scheduled Offence has been issued by any Court in India,

who—

(i) has left India so as to avoid criminal prosecution; or

(ii) being abroad, refuses to return to India to face criminal prosecution;

(g) “key managerial personnel” shall have the same meaning as assigned to it in

clause (51) of section 2 of the Companies Act, 2013;

(h) “notification” means a notification published in the Official Gazette and the

expression “notify” shall be construed accordingly;

(i) “person” includes—

(i) an individual;

(ii)a Hindu Undivided Family;

(iii) a company;

(iv) a trust;

(v) a partnership;

(vi) a limited liability partnership;

(vii) an association of persons or a body of individuals, whether

incorporated or not;

(viii) every artificial juridical person not falling within any of the preceding

sub-clauses; and

(ix) any agency, office or branch owned or controlled by any of the above

persons mentioned in the preceding sub-clauses;

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

(k) “proceeds of crime” means any property derived or obtained, directly or

indirectly, by any person as a result of criminal activity relating to a Scheduled Offence,

or the value of any such property, or where such property is taken or held outside the

country, then the property equivalent in value held within the country or abroad;

(l) “Schedule” means the Schedule appended to this Act;

(m) “Scheduled Offence” means an offence specified in the Schedule, if the total

value involved in such offence or offences is one hundred crore rupees or more;

(n) “Special Court” means a Court of Session designated as a Special Court

under sub-section (1) of section 43 of the Prevention of Money-laundering Act, 2002.

Definitions.

15 of 2003.

18 of 2013.

15 of 2003.

45 of 1988.

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

Prevention of Money-laundering Act, 2002 shall have the meanings respectively assigned to

them in that Act.

3. The provisions of this Act shall apply to any individual who is, or becomes, a

fugitive economic offender on or after the date of coming into force of this Act.

CHAPTER II

DECLARATION OF FUGITIVE ECONOMIC OFFENDERS AND CONFISCATION OF PROPERTY

4. (1) Where the Director or any other officer not below the rank of Deputy Director

authorised by the Director for the purposes of this section, has reason to believe (the

reasons for such belief to be recorded in writing), on the basis of material in his possession,

that any individual is a fugitive economic offender, he may file an application in such form

and manner as may be prescribed in the Special Court that such individual may be declared

as a fugitive economic offender.

(2) The application referred to in sub-section (1) shall contain—

(a) reasons for the belief that an individual is a fugitive economic offender;

(b) any information available as to the whereabouts of the fugitive economic

offender;

of crime, including any such property outside India for which confiscation is sought;

(d) a list of properties or benami properties owned by the individual in India or

abroad for which confiscation is sought; and

(e) a list of persons who may have an interest in any of the properties listed

under clauses (c) and (d).

(3) The Authorities appointed for the purposes of the Prevention of Money-laundering

Act, 2002 shall be the Authorities for the purposes of this Act.

5. (1) The Director or any other officer authorised by the Director, not below the rank

of Deputy Director, may, with the permission of the Special Court, attach any property

mentioned in the application under section 4 by an order in writing in such manner as may be

prescribed.

(2) Notwithstanding anything contained in sub-section (1) or section 4, the Director

or any other officer, not below the rank of Deputy Director, authorised by the Director, may,

by an order in writing, at any time prior to the filing of the application under section 4, attach

any property—

(a) for which there is a reason to believe that the property is proceeds of crime,

or is a property or benami property owned by an individual who is a fugitive economic

offender; and

(b) which is being or is likely to be dealt with in a manner which may result in the

property being unavailable for confiscation:

Provided that the Director or any other officer who provisionally attaches any property

under this sub-section shall, within a period of thirty days from the date of such attachment,

file an application under section 4 before the Special Court.

(3) The attachment of any property under this section shall continue for a period of

one hundred and eighty days from the date of order of attachment or such other period as

may be extended by the Special Court before the expiry of such period.

(4) Nothing in this section shall prevent the person interested in the enjoyment of the

immovable property attached under sub-section (1) from such enjoyment.

Application

for

declaration of

fugitive

economic

offender and

procedure

therefor.

15 of 2003.

Attachment of

property.

Application of

Act.

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Explanation.—For the purposes of this sub-section, the expression “person

interested”, in relation to any immovable property includes all persons claiming or entitled to

claim any interest in the property.

6. The Director or any other officer shall, for the purposes of section 4, have the same

powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a

suit in respect of the following matters, namely:—

(a) discovery and inspection;

(b) enforcing the attendance of any person, including any officer of a reporting

entity and examining him on oath;

(d) receiving evidence on affidavits;

(e) issuing commissions for examination of witnesses and documents; and

(f) any other matter which may be prescribed.

7. (1) Notwithstanding anything contained in any other provisions of this Act, where

a Director or any other officer authorised by the Director, on the basis of material in his

possession, has reason to believe (the reasons for such belief to be recorded in writing), that

an individual may be a fugitive economic offender, he may enter any place—

(i) within the limits of the area assigned to him; or

(ii) in respect of which he is authorised for the purposes of this section, by such

other authority, who is assigned the area within which such place is situated.

(2) Where the Director or any other officer authorised by him, on the basis of material

in his possession, has reason to believe (the reasons for such belief to be recorded in

writing) that an individual may be a fugitive economic offender and it is necessary to enter

any place as mentioned in sub-section (1), he may request any proprietor, employee or any

other person who may be present at that time, to—

(a) afford him the necessary facility to inspect such records as he may require

and which may be available at such place;

(b) afford him the necessary facility to check or verify the proceeds of crime or

any transaction related to proceeds of crime which may be found therein; and

useful for, or relevant to any proceedings under this Act.

(3) The Director, or any other officer acting under this section may—

(i) place marks of identification on the records inspected by him and make or

cause to be made extracts or copies therefrom;

(ii) make an inventory of any property checked or verified by him; and

(iii) record the statement of any person present at the property which may be

useful for, or relevant to, any proceeding under this Act.

8. (1) Notwithstanding anything contained in any other law for the time being in force,

where the Director or any other officer not below the rank of Deputy Director authorised by

him for the purposes of this section, on the basis of information in his possession, has

reason to believe (the reason for such belief to be recorded in writing) that any person—

(i) may be declared as a fugitive economic offender;

(ii) is in possession of any proceeds of crime;

(iii) is in possession of any records which may relate to proceeds of crime; or

5 of 1908.

Powers of

Director and

other officers.

Power of

survey.

Search and

seizure.

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(iv) is in possession of any property related to proceeds of crime,

then, subject to any rules made in this behalf, he may authorise any officer subordinate to

him to—

(a) enter and search any building, place, vessel, vehicle or aircraft where he has

reason to suspect that such records or proceeds of crime are kept;

(b) break open the lock of any door, box, locker, safe, almirah or other receptacle

for exercising the powers conferred by clause (a) where the keys thereof are not

available;

(d) place marks of identification on such record or property, if required or make or

cause to be made extracts or copies therefrom;

(e) make a note or an inventory of such record or property; and

(f) examine on oath any person, who is found to be in possession or control of

any record or property, in respect of all matters relevant for the purposes of any

investigation under this Act.

(2) Where an authority, upon information obtained during survey under section 7, is

satisfied that any evidence shall be or is likely to be concealed or tampered with, he may, for

reasons to be recorded in writing, enter and search the building or place where such evidence

is located and seize that evidence.

9. Notwithstanding anything contained in any other law for the time being in force—

(a) if an authority, authorised in this behalf by the Central Government by general

or special order, has reason to believe (the reason for such belief to be recorded in

writing) that any person has secreted about his person or anything under his possession,

ownership or control, any record or proceeds of crime which may be useful for or

relevant to any proceedings under this Act, he may search that person and seize such

record or property which may be useful for or relevant to any proceedings under this

Act;

(b) where an authority is about to search any person, he shall, if such person so

requires, take such person within twenty-four hours to the nearest Gazetted Officer,

superior in rank to him, or a Magistrate:

Provided that the period of twenty-four hours shall exclude the time necessary

for the journey undertaken to take such person to the nearest Gazetted Officer, superior

in rank to him, or the Magistrate’s Court;

person for more than twenty-four hours prior to taking him before the Gazetted Officer,

superior in rank to him, or the Magistrate referred to in that clause:

Provided that the period of twenty-four hours shall exclude the time necessary

for the journey from the place of detention to the office of the Gazetted Officer, superior

in rank to him, or the Magistrate’s Court;

(d) the Gazetted Officer or the Magistrate before whom any such person is

brought shall, if he sees no reasonable ground for search, forthwith discharge such

person but otherwise shall direct that search be made;

(e) before making the search under clause (a) or clause (d), the authority shall

call upon two or more persons to attend and witness the search and the search shall be

made in the presence of such persons;

(f) the authority shall prepare a list of record or property seized in the course of

the search and obtain the signatures of the witnesses on the list;

Search of

persons.

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(g) no female shall be searched by anyone except a female; and

(h) the authority shall record the statement of the person searched under

clause (a) or clause (d) in respect of the records or proceeds of crime found or seized

in the course of the search.

10. (1) Where an application under section 4 has been duly filed, the Special Court

shall issue a notice to an individual who is alleged to be a fugitive economic offender.

(2) The notice referred to in sub-section (1), shall also be issued to any other person

who has any interest in the property mentioned in the application under sub-section (2) of

section 4.

(3) A notice under sub-section (1) shall—

(a) require the individual to appear at a specified place and time not less than six

weeks from the date of issue of such notice; and

(b) state that failure to appear on the specified place and time shall result in a

declaration of the individual as a fugitive economic offender and confiscation of

property under this Act.

(4) A notice under sub-section (1) shall be forwarded to such authority, as the Central

Government may notify, for effecting service in a contracting State.

(5) The authority referred to in sub-section (4) shall make efforts to serve the notice

within a period of two weeks in such manner as may be prescribed.

(6) A notice under sub-section (1) may also be served to the individual alleged to be a

fugitive economic offender by electronic means to—

(a) his electronic mail address submitted in connection with an application for

allotment of Permanent Account Number under section 139A of the Income-tax

Act, 1961;

(b) his electronic mail address submitted in connection with an application for

enrolment under section 3 of the Aadhaar (Targeted Delivery of Financial and Other

Subsidies, Benefits and Services) Act, 2016; or

which is accessed by him over the internet, subject to the satisfaction of the Special

Court that such account has been recently accessed by the individual and constitutes

a reasonable method for communication of the notice to the individual.

11. (1) Where any individual to whom notice has been issued under sub-section (1) of

section 10 appears in person at the place and time specified in the notice, the Special Court

may terminate the proceedings under this Act.

(2) Where any individual to whom notice has been issued under sub-section (1) of

section 10 fails to appear at the place and time specified in the notice, but enters appearance

through counsel, the Special Court may in its discretion give a period of one week to file a

reply to the application under section 4.

(3) Where any individual to whom notice has been issued under sub-section (1) of

section 10 fails to enter appearance either in person or through counsel, and the Special

Court is satisfied—

(a) that service of notice has been effected on such party; or

(b) that notice could not be served in spite of best efforts because such individual

has evaded service of notice,

it may, after recording reasons in writing, proceed to hear the application.

Notice.

Procedure for

hearing

application.

43 of 1961.

18 of 2016.

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(4) The Special Court may also give any person to whom notice has been issued under

sub-section (2) of section 10 a period of one week to file a reply to the application under

section 4.

12. (1) After hearing the application under section 4, if the Special Court is satisfied

that an individual is a fugitive economic offender, it may, by an order, declare the individual

as a fugitive economic offender for reasons to be recorded in writing.

(2) On a declaration under sub-section (1), the Special Court may order that any of the

following properties stand confiscated to the Central Government—

(a) the proceeds of crime in India or abroad, whether or not such property is

owned by the fugitive economic offender; and

(b) any other property or benami property in India or abroad, owned by the

fugitive economic offender.

(3) The confiscation order of the Special Court shall, to the extent possible, identify the

properties in India or abroad that constitute proceeds of crime which are to be confiscated

and in case such properties cannot be identified, quantify the value of the proceeds of crime.

(4) The confiscation order of the Special Court shall separately list any other property

owned by the fugitive economic offender in India which is to be confiscated.

(5) Where the Special Court has made an order for confiscation of any property under

sub-section (2), and such property is in a contracting State, the Special Court may issue a

letter of request to a Court or authority in the contracting State for execution of such order.

(6) Every letter of request to be transmitted to a contracting State under sub-section (5)

shall be transmitted in such form and manner as the Central Government may, by notification,

specify in this behalf.

(7) The Special Court may, while making the confiscation order, exempt from confiscation

any property which is a proceed of crime in which any other person, other than the fugitive

economic offender, has an interest if it is satisfied that such interest was acquired bona fide

and without knowledge of the fact that the property was proceeds of crime.

(8) All the rights and title in the confiscated property shall, from the date of the

confiscation order, vest in the Central Government, free from all encumbrances.

(9) Where on the conclusion of the proceedings, the Special Court finds that the

individual is not a fugitive economic offender, the Special Court shall order release of property

or record attached or seized under this Act to the person entitled to receive it.

(10) Where an order releasing the property has been made by the Special Court under

sub-section (9), the Director or any other officer authorised by him in this behalf may withhold

the release of any such property or record for a period of ninety days from the date of receipt

of such order, if he is of the opinion that such property is relevant for the appeal proceedings

under this Act.

13. (1) Where at any time after the institution of the application under section 4, any

other property is discovered or identified which constitutes proceeds of crime or is property

or benami property owned by the individual in India or abroad who is a fugitive economic

offender liable to be confiscated under this Act, the Director or any other officer not below

the rank of Deputy Director authorised by the Director for the purposes of this section, may

file a supplementary application in the Special Court seeking confiscation of such properties.

(2) The provisions of sections 4 to 12 shall, as far as may be, apply in relation to such

application as they apply in relation to an application under section 4.

14. Notwithstanding anything contained in any other law for the time being in force,—

(a) on a declaration of an individual as a fugitive economic offender, any Court

or tribunal in India, in any civil proceeding before it, may, disallow such individual from

putting forward or defending any civil claim; and

Declaration

of fugitive

economic

offender.

Supplementary

application.

Power to

disallow civil

claims.

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(b) any Court or tribunal in India in any civil proceeding before it, may, disallow

any company or limited liability partnership from putting forward or defending any

civil claim, if an individual filing the claim on behalf of the company or the limited

liability partnership, or any promoter or key managerial personnel or majority

shareholder of the company or an individual having a controlling interest in the limited

liability partnership has been declared as a fugitive economic offender.

Explanation.—For the purposes of this section, the expressions—

(a) “company” means any body corporate and includes a firm, or other

association of persons; and

(b) “limited liability partnership” shall have the same meaning as assigned

to it in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership

Act, 2008.

15. (1) The Central Government may, by order published in the Official Gazette, appoint

as many of its officers (not below the rank of a Joint Secretary to the Government of India) as

it thinks fit, to perform the functions of an Administrator.

(2) The Administrator appointed under sub-section (1) shall receive and manage the

property in relation to which an order has been made under sub-section (2) of section 12 in

such manner and subject to such conditions as may be prescribed.

(3) The Administrator shall also take such measures, as the Central Government may

direct, to dispose of the property which is vested in the Central Government under

section 12:

Provided that the Central Government or the Administrator shall not dispose of any

property for a period of ninety days from the date of the order under sub-section (2) of

section 12.

CHAPTER III

MISCELLANEOUS

16. (1) The burden of proof for establishing—

(a) that an individual is a fugitive economic offender; or

(b) that a property is the proceeds of crime or any other property in which the

individual alleged to be a fugitive economic offender has an interest,

shall be on the Director or the person authorised by the Director to file the application under

section 4.

(2) Notwithstanding anything contained in any other law for the time being in force,

where any person referred to in sub-section (2) of section 10 claims that any interest in any

property was acquired bona fide and without knowledge of the fact that, such property

constitutes proceeds of crime, the burden of proving such fact shall lie upon him.

(3) The standard of proof applicable to the determination of facts by the Special Court

under this Act shall be preponderance of probabilities.

17. (1) An appeal shall lie from any judgment or order, not being an interlocutory order,

of a Special Court to the High Court both on facts and on law.

(2) Every appeal under this section shall be preferred within a period of thirty days

from the date of the judgment or order appealed from:

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:

Provided further that no appeal shall be entertained after the expiry of period of ninety

days.

Management

of properties

confiscated

under this

Act.

Rules of

evidence.

Appeal.

6 of 2009.

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18. No civil court shall have jurisdiction to entertain any suit or proceeding in respect

of any matter which the Special Court 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.

19. No suit, prosecution or other legal proceeding shall lie against the Central

Government or Presiding Officer of the Special Court or Director or Deputy Director or any

other officer authorised by the Director for anything which is in good faith done or intended

to be done under this Act or any rule made thereunder.

20. (1) The Central Government may, having regard to the objects of this Act, and if it

considers necessary or expedient so to do, by notification add to, or as the case may be, omit

from the Schedule any offences specified therein.

(2) Every such notification shall, as soon as after it is issued, be laid before each

House of Parliament.

21. The provisions of this Act shall have effect, notwithstanding anything inconsistent

therewith contained in any other law for the time being in force.

22. The provisions of this Act shall be in addition to and not in derogation of any other

law for the time being in force.

23. (1) The Central Government may, by notification in the Official Gazette, make rules

for carrying out the provisions of this Act.

(2) In particular, and without prejudice to generality of the foregoing power, such rules

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

(a) the form and manner of filing application under sub-section (1) of section 4;

(b) the manner of attachment of property under sub-section (1) of section 5;

(d) the procedure for conducting search and seizure under section 8;

(e) the manner in which the notice shall be served under sub-section (5) of

section 10;

(f) any other electronic account under clause (c) of sub-section (6) of section 10;

(g) the manner and conditions subject to which the Administrator shall receive

and manage the property confiscated under sub-section (2) of section 15; and

(h) any other matter which is required to be, or may be, prescribed or in respect

of which provision is to be made by rules.

24. 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.

25. (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 for removing the

difficulty:

Provided that no order shall be made under this section after the expiry of five years

from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made,

before each House of Parliament.

26. (1) The Fugitive Economic Offenders Ordinance, 2018, 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 this Act.

Protection of

action taken

in good faith.

Power of

Central

Government

to amend

Schedule.

Overriding

effect.

Application

of other laws

not barred.

Power to

make rules.

Laying of

rules before

Parliament.

Power to

remove

difficulties.

Bar of

jurisdiction.

Repeal and

saving.

Ord. 1 of 2018

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THE SCHEDULE

[See section 2(l) and (m)]

Section

Description of offence

I. Offences under the Indian Penal Code, 1860 (45 of 1860)

120B read with

Punishment of criminal conspiracy.

any offence in

this Schedule

255

Counterfeiting Government stamp.

257

Making or selling instrument for counterfeiting Government stamp.

258

Sale of counterfeit Government stamp.

259

Having possession of counterfeit Government stamp.

260

Using as genuine a Government stamp known to be counterfeit.

417

Punishment for cheating.

418

Cheating with knowledge that wrongful loss may ensue to person whose

interest offender is bound to protect.

420

Cheating and dishonestly inducing delivery of property.

421

Dishonest or fraudulent removal or concealment of property to prevent

distribution among creditors.

422

Dishonestly or fraudulently preventing debt being available for creditors.

423

Dishonest or fraudulent execution of deed of transfer containing false

statement of consideration.

424

Dishonest or fraudulent removal or concealment of property.

467

Forgery of valuable security, will, etc.

471

Using as genuine a forged [document or electronic record].

472

Making or possessing counterfeit seal, etc., with intent to commit forgery

punishable under section 467.

473

Making or possessing counterfeit seal, etc., intent to commit forgery

punishable otherwise.

475

Counterfeiting device or mark used for authenticating documents described

in section 467, or possessing counterfeit marked material.

476

Counterfeiting device or mark used for authenticating documents other

than those described in section 467, or possessing counterfeit marked

material.

481

Using a false property mark.

482

Punishment for using a false property mark.

483

Counterfeiting a property mark used by another.

484

Counterfeiting a mark used by a public servant.

485

Making or possession of any instrument for counterfeiting a property

mark.

486

Selling goods marked with a counterfeit property mark.

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487

Making a false mark upon any receptacle containing goods.

488

Punishment for making use of any such false mark.

489A

Counterfeiting currency notes or bank notes.

489B

Using as genuine, forged or counterfeit currency notes or bank notes.

II. Offences under the Negotiable Instruments Act, 1881 (26 of 1881)

138

Dishonour of cheque for insufficiency, etc., of funds in the account.

III. Offences under the Reserve Bank of India Act, 1934 (2 of 1934)

58B

Penalties.

IV. Offences under the Central Excise Act, 1944 (1 of 1944)

Section 9

Offences and Penalties.

V. Offences under the Customs Act, 1962 (52 of 1962)

135

Evasion of duty or prohibitions.

VI. Offences under the Prohibition of Benami Property Transactions Act, 1988

(45 of 1988)

Prohibition of benami transactions.

VII. Offences under the Prevention of Corruption Act, 1988 (49 of 1988)

Public servant taking gratification other than legal remuneration in

respect of an official act.

Taking gratification in order, by corrupt or illegal means, to influence

public servant.

Taking gratification for exercise of personal influence with public

servant.

Punishment for abetment by public servant of offences defined in

section 8 or section 9 of the Prevention of Corruption Act, 1988.

Criminal misconduct by a public servant.

VIII. Offences under the Securities and Exchange Board of India Act, 1992

(15 of 1992)

12A read with

Prohibition of manipulative and deceptive devices, insider trading and

section 24

substantial acquisition of securities or control.

Offences for contravention of the provisions of the Act.

IX. Offences under the Prevention of Money Laundering Act, 2002 (15 of 2003)

Offence of money-laundering.

Punishment for money-laundering.

X. Offences under the Limited Liability Partnership Act, 2008 (6 of 2009)

Sub-section (2)

Carrying on business with intent or purpose to defraud creditors of the

of section 30

Limited Liability Partnership or any other person or for any other fraudulent

purpose.

Section

Description of offence

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XI. Offences under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010)

Penalty for article or currency or security obtained in contravention of

section 10.

Punishment for contravention of any provision of the Act.

XII. Offences under the Companies Act, 2013 (18 of 2013)

Sub-section (4)

Offer or invitation for subscription of securities on private placement.

of section 42 of

the Companies

Act, 2013 read

with section 24

of the Securities

and Exchange

Board of India

Act, 1992

(15 of 1992)

Repayment of deposits, etc., accepted before commencement of the

Companies Act, 2013.

76A

Punishment for contravention of section 73 or section 76 of the

Companies Act, 2013.

Second

Carrying on business of a company for a fraudulent or unlawful purpose.

proviso to sub-

section (4) of

section 206

Clause (b) of

Conducting the business of a company with intent to defraud its creditors,

section 213

members or any other persons or otherwise for a fraudulent or unlawful

purpose, or in a manner oppressive to any of its members or that the

company was formed for any fraudulent or unlawful purpose.

447

Punishment for fraud.

452

Punishment for wrongful withholding of property.

XIII. Offences under the Black Money (Undisclosed Foreign Income and Assets) and

Imposition of Tax Act, 2015 (22 of 2015)

Punishment for wilful attempt to evade tax.

XIV. Offences under the Insolvency and Bankruptcy Code, 2016 (31 of 2016)

Punishment for transactions defrauding creditors.

Section

Description of offence

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Section

Description of offence

XV. Offences under the Central Goods and Services Tax Act, 2017 (12 of 2017)

Sub-section (5)

Punishment for certain offences.

of section 132

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

————

CORRIGENDA

IN THE PREVENTION OF CORRUPTION (AMENDMENT) ACT, 2018 (16 of 2018)

as published in the Gazette of India, Extraordinary, Part II, Section 1, Issue No. 28, dated

the 16th July, 2018—

Page No.

Line(s) No.

For

Read

“later”

“latter”

“shall be not”

“shall not be”

“shall be not”

“shall not be”

“17A.(1)”

“17A.”

“presecribe”

“prescribe”

“section 13(1) (A)”

“section 13(1) (a)”

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2018.08.01

18:50:44 +05'30'

P.R. 47

SC - 20

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Dgï. ²æÃ¤ªÁ¸À,

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

¸ÀPÁðgÀzÀ C¢üÃ£À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 20 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 21-08-2018.

¢£ÁAPÀ: 08-01-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The Indian Forest

(Amendment) Act, 2017 (No. 5 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

THE INDIAN FOREST (AMENDMENT) ACT, 2017

NO. 5 OF 2018

[5th January, 2018.]

An Act further to amend the Indian Forest Act, 1927.

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 Indian Forest (Amendment) Act, 2017.

(2) It shall be deemed to have come into force on the 23rd day of November, 2017.

2. In the Indian Forest Act, 1927, in section 2, in clause (7), the word “bamboos” shall

be omitted.

Short title and

commencement.

Amendment of

section 2 of Act

16 of 1927.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 8th January, 2018/Pausha 18, 1939 (Saka)

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

5th January, 2018, and is hereby published for general information:—

3. (1) The Indian Forest (Amendment) Ordinance, 2017 is hereby repealed.

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

Forest Act, 1927, 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.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

Ord. 6 of 2017.

16 of 1927.

Repeal and

savings.

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CORRIGENDA

In the MENTAL HEALTHCARE ACT, 2017 (10 OF 2017) as published in the Gazette

of India, Extraordinary, Part II, Section 1, Issue No. 10, dated the 7th April, 2017,—

Page No.

Line(s)

For

Read

"sub-section (1) of section 80"

"sub-section (1) of section 73"

"clause (x)"

"clause (y)"

"clause (a) of sub-section (1)

"clause (a) of sub-section (1) of

of section 91"

section 82"

"section 103"

"section 94"

15 and 16

"clause (e) of sub-section (4)"

"cloause (e) of this sub-section"

":clause (q)"

"clause (r)"

"section 85"

"section 77"

"sub-section (5)"

"sub-section (6)"

29 and 30

"sub-clause (ii) of clause (f) of

"sub-clause (ii) of clause (g) of

sub-section (1) of section 2"

31 and 32

"clause (w) of sub-section (1)

"clause (x) of sub-section (1)

of section 2"

"manner"

"the manner"

"a State"

a State under sub-section (3) of

section 73"

16 and 17

"clause (e) of sub-section (2)

"clause (e) of sub-section (2) of

of section 82"

section 74"

"confirm under sub-section (6)

"conform under sub-section (7)

of section 103"

"manner"

"the manner"

"provisions"

"the provisions"

"manner"

"the manner"

3 to 5

Omitted.

"clause (n)"

"clause (m)"

"clause (o)"

"clause (n)"

"14 of 1897."

"14 of 1987."

MANOJ

KUMAR

Digitally signed

by MANOJ

KUMAR

Date: 2018.01.08

21:56:06 +05'30'

P.R. 48

SC - 20

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Dgï. ²æÃ¤ªÁ¸À,

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

¸ÀPÁðgÀzÀ C¢üÃ£À PÁAiÀÄðzÀ²ð,

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 15 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 21-08-2018.

¢£ÁAPÀ: 19-01-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The Insolvency and

Bankruptcy Code (Amendment) Act, 2017 (No. 8 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

Short title and

commencement.

THE INSOLVENCY AND BANKRUPTCY CODE

(AMENDMENT) ACT, 2017

NO. 8 OF 2018

[18th January, 2018.]

An Act to amend the Insolvency and Bankruptcy Code, 2016.

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 Insolvency and Bankruptcy Code (Amendment)

Act, 2018.

(2) It shall be deemed to have come into force on the 23rd day of November, 2017.

2. In the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the principal

Act), in section 2,—

(i) in clause (d), the word "and" shall be omitted;

(ii) for clause (e), the following clauses shall be substituted, namely:—

"(e) personal guarantors to corporate debtors;

(f) partnership firms and proprietorship firms; and

(g) individuals, other than persons referred to in clause (e),".

31 of 2016.

Amendment

of section 2.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 19th January, 2018/Pausha 29, 1939 (Saka)

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

18th January, 2018, and is hereby published for general information:—

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, ¸É¥ÉÖA§gï 27, 2018

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3. In section 5 of the principal Act,—

(a) for clause (25), the following clause shall be substituted, namely:—

'(25) "resolution applicant" means a person, who individually or jointly

with any other person, submits a resolution plan to the resolution professional

pursuant to the invitation made under clause (h) of sub-section (2) of

section 25;';

(b) in clause (26), for the words "any person", the words "resolution applicant"

shall be substituted.

4. In section 25 of the principal Act, in sub-section (2), for clause (h), the following

clause shall be substituted, namely:—

"(h) invite prospective resolution applicants, who fulfil such criteria as may be

laid down by him with the approval of committee of creditors, having regard to the

complexity and scale of operations of the business of the corporate debtor and such

other conditions as may be specified by the Board, to submit a resolution plan or

plans.".

5. After section 29 of the principal Act, the following section shall be inserted, namely:—

"29A. A person shall not be eligible to submit a resolution plan, if such person,

or any other person acting jointly or in concert with such person—

(a) is an undischarged insolvent;

(b) is a wilful defaulter in accordance with the guidelines of the Reserve

Bank of India issued under the Banking Regulation Act, 1949;

management or control of such person or of whom such person is a promoter,

classified as non-performing asset in accordance with the guidelines of the

Reserve Bank of India issued under the Banking Regulation Act, 1949 and at

least a period of one year has lapsed from the date of such classification till the

date of commencement of the corporate insolvency resolution process of the

corporate debtor:

Provided that the person shall be eligible to submit a resolution plan if such

person makes payment of all overdue amounts with interest thereon and charges relating

to non-performing asset accounts before submission of resolution plan;

(d) has been convicted for any offence punishable with imprisonment

for two years or more;

(e) is disqualified to act as a director under the Companies

Act, 2013;

(f) is prohibited by the Securities and Exchange Board of India from trading

in securities or accessing the securities markets;

(g) has been a promoter or in the management or control of a corporate

debtor in which a preferential transaction, undervalued transaction, extortionate

credit transaction or fraudulent transaction has taken place and in respect of

which an order has been made by the Adjudicating Authority under this Code;

(h) has executed an enforceable guarantee in favour of a creditor in respect

of a corporate debtor against which an application for insolvency resolution

made by such creditor has been admitted under this Code;

(i) has been subject to any disability, corresponding to clauses (a) to (h),

under any law in a jurisdiction outside India; or

(j) has a connected person not eligible under clauses (a) to (i).

Amendment

of section 5.

Amendment

of section 25.

Insertion

new

section

29A.

Persons not

eligible to be

resolution

applicant.

10 of 1949.

18 of 2013.

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Explanation.— For the purposes of this clause, the expression "connected

person" means—

(i) any person who is the promoter or in the management or control

of the resolution applicant; or

(ii) any person who shall be the promoter or in management or

control of the business of the corporate debtor during the implementation

of the resolution plan; or

(iii) the holding company, subsidiary company, associate company

or related party of a person referred to in clauses (i) and (ii):

Provided that nothing in clause (iii) of this Explanation shall apply to—

(A) a scheduled bank; or

(B) an asset reconstruction company registered with the Reserve Bank of India

under section 3 of the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002; or

Board of India.".

6. In section 30 of the principal Act, for sub-section (4), the following sub-section shall

be substituted, namely:—

"(4) The committee of creditors may approve a resolution plan by a vote of not

less than seventy-five per cent. of voting share of the financial creditors, after

considering its feasibility and viability, and such other requirements as may be specified

by the Board:

Provided that the committee of creditors shall not approve a resolution plan,

submitted before the commencement of the Insolvency and Bankruptcy Code

(Amendment) Ordinance, 2017, where the resolution applicant is ineligible under

section 29A and may require the resolution professional to invite a fresh resolution

plan where no other resolution plan is available with it:

Provided further that where the resolution applicant referred to in the first proviso

is ineligible under clause (c) of section 29A, the resolution applicant shall be allowed

by the committee of creditors such period, not exceeding thirty days, to make payment

of overdue amounts in accordance with the proviso to clause (c) of section 29A:

Provided also that nothing in the second proviso shall be construed as extension

of period for the purposes of the proviso to sub-section (3) of section 12, and the

corporate insolvency resolution process shall be completed within the period specified

in that sub-section.”.

7. In section 35 of the principal Act, in sub-section (1), in clause (f), the following

proviso shall be inserted, namely:—

"Provided that the liquidator shall not sell the immovable and movable property

or actionable claims of the corporate debtor in liquidation to any person who is not

eligible to be a resolution applicant.".

8. After section 235 of the principal Act, the following section shall be inserted, namely:—

"235A. If any person contravenes any of the provisions of this Code or the rules

or regulations made thereunder for which no penalty or punishment is provided in this

Code, such person shall be punishable with fine which shall not be less than one lakh

rupees but which may extend to two crore rupees.".

Amendment

of section 30.

Amendment

of section 35.

Insertion of

new section

235A.

Punishment

where no

specific

penalty or

punishment

is provided.

Ord. 7 of

2017.

54 of 2002.

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9. In section 240 of the principal Act, in sub-section (2),—

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

"(sa) other conditions under clause (h) of sub-secton (2) of section 25;";

(ii) after clause (w), the following clause shall be inserted, namely:—

"(wa) other requirements under sub-section (4) of section 30;".

10. (1) The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017 is hereby

repealed.

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

and Bankruptcy Code, 2016, as amended by the said Ordinance, shall be deemed to have

been done or taken under the corresponding provisions of the said Code, as amended by

this Act.

Amendment

of section

240.

Repeal and

savings.

Ord. 7 of

2017.

31 of 2016.

————

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2018.01.19

22:16:40 +05'30'

P.R. 49

SC - 20

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C¢ü¸ÀÆZÀ£É

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¢£ÁAPÀ: 08-01-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The Repealing

and Amending (Second) Act, 2017 (No. 4 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

THE REPEALING AND AMENDING (SECOND) ACT, 2017

NO. 4 OF 2018

[5th January, 2018.]

An Act to repeal certain enactments and to amend certain other enactments.

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

follows:—

1. This Act may be called the Repealing and Amending (Second) Act, 2017.

2. The enactments specified in the First Schedule are hereby repealed.

3. The enactments specified in the Second Schedule are hereby amended to the

extent and in the manner mentioned in the fourth column thereof.

4.The repeal by this Act of any enactment shall not affect any other enactment in

which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not 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;

Short title.

Repeal of

certain

enactments.

Amendment

of certain

enactments.

Savings.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 8th January, 2018/Pausha 18, 1939 (Saka)

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

5th January, 2018, and is hereby published for general information:—

nor shall this Act affect any principle or rule of law, or established jurisdiction,

form or course 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;

nor shall the repeal by this Act of any enactment 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.

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THE FIRST SCHEDULE

(See section 2)

REPEALS

Year

Act No.

Short title

Central Acts

1850

XXI

The Caste Disabilities Removal Act, 1850.

1857

VII

The Madras Uncovenanted Officers Act, 1857.

1857

XXI

The Howrah Offences Act, 1857.

1859

XII

The Calcutta Pilots Act, 1859.

1862

III

The Government Seal Act, 1862.

1873

XVI

The North-Western Provinces Village and Road Police Act, 1873.

1875

The Central Provinces Laws Act, 1875.

1876

XIX

The Dramatic Performances Act, 1876.

1879

XIV

The Hackney-carriage Act, 1879.

1879

XIX

The Raipur and Khattra Laws Act, 1879.

1881

XIII

The Fort William Act, 1881.

1882

XXI

The Madras Forest (Validation) Act, 1882.

1883

The Bikrama Singh's Estates Act, 1883.

1886

XXI

The Oudh Wasikas Act, 1886.

1888

III

The Police Act, 1888.

1888

VIII

The Indian Tolls Act, 1888.

1893

The Porahat Estate Act, 1893.

1895

The Government Grants Act, 1895.

1897

VIII

The Reformatory Schools Act, 1897.

1911

The Prevention of Seditious Meetings Act, 1911.

1912

VII

The Bengal, Bihar and Orissa and Assam Laws Act, 1912.

1917

XXV

The Sir Currimbhoy Ebrahim Baronetcy (Amendment) Act, 1917.

1921

XVII

The Cattle-trespass (Amendment) Act, 1921.

1931

The Sheriff of Calcutta (Powers of Custody) Act, 1931.

1932

The Public Suits Validation Act, 1932.

1932

XXIV

The Bengal Suppression of Terrorist Outrages (Supplementary) Act, 1932.

1938

The Criminal Law Amendment Act, 1938.

1941

The Berar Laws Act, 1941.

1942

XVIII

The Weekly Holidays Act, 1942.

1943

XXIII

The War Injuries (Compensation Insurance) Act, 1943.

1947

XVI

The Trading with the Enemy (Continuance of Emergency Provisions) Act, 1947.

1948

The Junagadh Administration (Property) Act, 1948.

1949

The Requisitioned Land (Apportionment of Compensation) Act, 1949.

1949

The Professions Tax Limitation (Amendment and Validation) Act, 1949.

1950

The Preventive Detention Act, 1950.

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, ¸É¥ÉÖA§gï 27, 2018

654

¨sÁUÀ 4

1950

The Preventive Detention (Amendment) Act, 1950.

1950

The Cooch-Behar (Assimilation of Laws) Act, 1950.

1951

The Part B States (Laws) Act, 1951.

1951

The Preventive Detention (Amendment) Act, 1951.

1951

The Railway Companies (Emergency Provisions) Act, 1951.

1951

The Part C States (Miscellaneous Laws) Repealing Act, 1951.

1951

The Displaced Persons (Debts Adjustment) Act, 1951.

1952

The Part B States Marriages Validating Act, 1952.

1952

XXXIV

The Preventive Detention (Amendment) Act, 1952.

1952

LXI

The Preventive Detention (Second Amendment) Act, 1952.

1954

The Abducted Persons (Recovery and Restoration) Amendment Act, 1954.

1954

The Government of Part C States (Amendment) Act, 1954.

1954

The Transfer of Evacuee Deposits Act, 1954.

1954

The Absorbed Areas (Laws) Act, 1954.

1954

The Chandernagore (Merger) Act, 1954.

1954

The Preventive Detention (Amendment) Act, 1954.

1955

The Commanders-in-Chief (Change in Designation) Act, 1955.

1955

The Abducted Persons (Recovery and Restoration) Continuance Act, 1955.

1956

The Bar Councils (Validation of State Laws) Act, 1956.

1956

The Indian Cotton Cess (Amendment) Act, 1956.

1956

The Abducted Persons (Recovery and Restoration) Continuance Act, 1956.

1956

The Representation of the People (Miscellaneous Provisions) Act, 1956.

1956

The Delhi Tenants (Temporary Protection) Act, 1956.

1957

The Forward Contracts (Regulation) Amendment Act, 1957.

1957

The Legislative Councils Act, 1957.

1957

The Preventive Detention (Continuance) Act, 1957.

1959

The Pharmacy (Amendment) Act, 1959.

1960

The Tripura Municipal Law (Repeal) Act, 1960.

1960

The Bilaspur Commercial Corporation (Repeal) Act, 1960.

1960

The Mahendra Pratab Singh Estates (Repeal) Act, 1960.

1960

The Tripura Excise Law (Repeal) Act, 1960.

1962

The Emergency Risks (Goods) Insurance Act, 1962.

1962

The Emergency Risks (Factories) Insurance Act, 1962.

1963

The Institutes of Technology (Amendment) Act, 1963.

1963

The Delhi Development (Amendment) Act, 1963.

1964

The Delhi (Delegation of Powers) Act, 1964.

1965

The Goa, Daman and Diu (Absorbed Employees) Act, 1965.

1967

The Anti-Corruption Laws (Amendment) Act, 1967.

1969

The International Monetary Fund and Bank (Amendment) Act, 1969.

1971

The Asian Refractories Limited (Acquisition of Undertaking) Act, 1971.

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655

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1971

The Uttar Pradesh Cantonments (Control of Rent and Eviction) (Repeal) Act, 1971.

1972

The Coking Coal Mines (Nationalisation) Act, 1972.

1973

The Coal Mines (Nationalisation) Act, 1973.

1975

The All-India Services Regulations (Indemnity) Act, 1975.

1976

The Assam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act, 1976.

1976

The Parliamentary Proceedings (Protection of Publication) Repeal Act, 1976.

1976

The National Library of India Act, 1976.

1976

The Indian Iron and Steel Company (Acquisition of Shares) Act, 1976.

1976

The Braithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings)

Act, 1976.

1977

The Disputed Elections (Prime Minister and Speaker) Act, 1977.

1977

The Smith, Stainstreet and Company Limited (Acquisition and Transfer of Undertakings)

Act, 1977.

1977

The Gresham and Craven of India (Private) Limited (Acquisition and Transfer of

Undertakings) Act, 1977.

1978

The Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978.

1978

The Bolani Ores Limited (Acquisition of Shares) and Miscellaneous Provisions Act, 1978.

1979

The Punjab Excise (Delhi Amendment) Act, 1979.

1980

The Bengal Chemical and Pharmaceutical Works Limited (Acquisition and Transfer of

Undertakings) Act, 1980.

1983

The Dangerous Machines (Regulation) Act, 1983.

1984

The Punjab Municipal (New Delhi Amendment) Act, 1984.

1984

The Aluminium Corporation of India Limited (Acquisition and Transfer of Aluminium

Undertaking) Act, 1984.

1984

The Bengal Immunity Company Limited (Acquisition and Transfer of Undertakings)

Act, 1984.

1985

The Customs (Amendment) Act, 1985.

1987

The Brentford Electric (India) Limited (Acquisition and Transfer of Undertakings)

Act, 1987.

1993

The National Thermal Power Corporation Limited, the National Hydroelectric Power

Corporation Limited and the North-Eastern Electric Power Corporation Limited

(Acquisition and Transfer of Power Transmission Systems) Act, 1993.

1994

The Neyveli Lignite Corporation Limited (Acquisition and Transfer of Power Transmission

System) Act, 1994.

1999

The Delhi Development Authority (Validation of Disciplinary Powers) Act, 1998.

1999

The Customs (Amendment) Act, 1998.

1999

2000

The Direct-tax Laws (Miscellaneous) Repeal Act, 2000.

2000

The Forfeiture (Repeal) Act, 2000.

2001

The Influx from Pakistan (Control) Repealing (Repeal) Act, 2001.

2001

The Indian Universities (Repeal) Act, 2001.

2001

The Auroville (Emergency Provisions) Repeal Act, 2001.

2001

The Central Sales Tax (Amendment) Act, 2001.

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, ¸É¥ÉÖA§gï 27, 2018

656

¨sÁUÀ 4

2001

The Two-Member Constituencies (Abolition) and other Laws Repeal Act, 2001.

2002

The Mysore State Legislature (Delegation of Powers) Repeal Act, 2002.

2002

The Countess of Dufferin's Fund (Repeal) Act, 2002.

2002

The Prevention of Food Adulteration (Extension to Kohima and Mokokchung Districts)

Repeal Act, 2002.

2002

The Refugee Relief Taxes (Abolition) Repeal Act, 2002.

2003

The Cable Television Networks (Regulation) Amendment Act, 2002.

2005

The Displaced Persons Claims and other Laws Repeal Act, 2005.

2005

The Immigration (Carriers' Liability) Amendment Act, 2005.

2006

The Central Sales Tax (Amendment) Act, 2005.

2006

The National Commission for Minority Educational Institutions (Amendment) Act, 2006.

2006

The Cess Laws (Repealing and Amending) Act, 2006.

2006

The Taxation Laws (Amendment) Act, 2006.

2006

The Spirituous Preparations (Inter-State Trade and Commerce) Control (Repeal) Act, 2006.

2006

The Produce Cess Laws (Abolition) Act, 2006.

2006

The Indian Rifles (Repeal) Act, 2006.

2007

The Mizoram University (Amendment) Act, 2007.

2007

The Competition (Amendment) Act, 2007.

2008

The Central Universities Laws (Amendment) Act, 2008.

2009

The Competition (Amendment) Act, 2009.

2010

The National Commission for Minority Educational Institutions (Amendment) Act, 2010.

2010

The Jharkhand Panchayat Raj (Amendment) Act, 2010.

2012

The Central Educational Institutions (Reservation in Admission) Amendment Act, 2012.

Ordinances made by the Governor-General

1941

VII

The War Injuries Ordinance, 1941.

1942

The Collective Fines Ordinance, 1942.

1942

XLI

The Armed Forces (Special Powers) Ordinance, 1942.

1944

XXI

The Public Health (Emergency Provisions) Ordinance, 1944.

1945

XXIV

The War Gratuities (Income-tax Exemption) Ordinance, 1945.

1945

XXX

The Secunderabad Marriage Validating Ordinance, 1945.

1946

The Bank Notes (Declaration of Holdings) Ordinance, 1946.

1946

The Criminal Law Amendment Ordinance, 1946.

1946

The Termination of War (Definition) Ordinance, 1946.

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657

¨sÁUÀ 4

THE SECOND SCHEDULE

(See section 3)

AMENDMENTS

Year

Act No.

Short title

Amendments

1951

The Plantations Labour Act, 1951

In section 43, sub-section (4) shall be

omitted.

2016

The Juvenile Justice (Care and Protection of

In section 69, in sub-section (2), for the

Children) Act, 2015

words, brackets and letters "mentioned at

(d) to (f)", the words, brackets, letters and

figure "mentioned at clauses (d) to (f) of

sub-section (1)" shall be substituted.

2016

The Rights of Persons with Disabilities Act, 2016

In section 76, after the word, brackets and

letter, "clause (b)", the words, brackets and

figure "of sub-section (1)" shall be inserted.

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2018.01.08

21:54:03 +05'30'

P.R. 50

SC - 20

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Dgï. ²æÃ¤ªÁ¸À,

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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ

C¢ü¸ÀÆZÀ£É

¸ÀASÉå: ¸ÀAªÀå±ÁE 26 PÉÃ±Á¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 27-08-2018.

¢£ÁAPÀ: 02-08-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The Negotiable

Instruments (Amendment) Act, 2018 (No. 20 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

THE NEGOTIABLE INSTRUMENTS (AMENDMENT) ACT, 2018

NO. 20 OF 2018

[2nd August, 2018.]

An Act further to amend the Negotiable Instruments Act, 1881.

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

follows:—

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 2nd August, 2018/Shravana 11, 1940 (Saka)

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

2nd August, 2018, and is hereby published for general information:—

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1. (1) This Act may be called the Negotiable Instruments (Amendment) Act, 2018.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.

2. In the Negotiable Instruments Act, 1881 (hereinafter referred to as the principal

Act), after section 143, the following section shall be inserted, namely:—

‘‘143A. (1) Notwithstanding anything contained in the Code of Criminal

Procedure, 1973, the Court trying an offence under section 138 may order the drawer

of the cheque to pay interim compensation to the complainant—

(a) in a summary trial or a summons case, where he pleads not guilty to

the accusation made in the complaint; and

Short title and

commencement.

Insertion of

new section

143A.

2 of 1974.

26 of 1881.

Power to direct

interim

compensation.

(b) in any other case, upon framing of charge.

(2) The interim compensation under sub-section (1) shall not exceed twenty

per cent. of the amount of the cheque.

(3) The interim compensation shall be paid within sixty days from the date of the

order under sub-section (1), or within such further period not exceeding thirty days as

may be directed by the Court on sufficient cause being shown by the drawer of the

cheque.

(4) If the drawer of the cheque is acquitted, the Court shall direct the complainant

to repay to the drawer the amount of interim compensation, with interest at the bank

rate as published by the Reserve Bank of India, prevalent at the beginning of the

relevant financial year, within sixty days from the date of the order, or within such

further period not exceeding thirty days as may be directed by the Court on sufficient

cause being shown by the complainant.

(5) The interim compensation payable under this section may be recovered as if

it were a fine under section 421 of the Code of Criminal Procedure, 1973.

(6) The amount of fine imposed under section 138 or the amount of compensation

awarded under section 357 of the Code of Criminal Procedure, 1973, shall be reduced

by the amount paid or recovered as interim compensation under this section.’’.

3. In the principal Act, after section 147, the following section shall be inserted,

namely:—

‘‘148. (1) Notwithstanding anything contained in the Code of Criminal

Procedure, 1973, in an appeal by the drawer against conviction under section 138, the

Appellate Court may order the appellant to deposit such sum which shall be a minimum

of twenty per cent. of the fine or compensation awarded by the trial Court:

Provided that the amount payable under this sub-section shall be in addition to

any interim compensation paid by the appellant under section 143A.

(2) The amount referred to in sub-section (1) shall be deposited within sixty

days from the date of the order, or within such further period not exceeding thirty days

as may be directed by the Court on sufficient cause being shown by the appellant.

(3) The Appellate Court may direct the release of the amount deposited by the

appellant to the complainant at any time during the pendency of the appeal:

Provided that if the appellant is acquitted, the Court shall direct the complainant

to repay to the appellant the amount so released, with interest at the bank rate as

published by the Reserve Bank of India, prevalent at the beginning of the relevant

financial year, within sixty days from the date of the order, or within such further period

not exceeding thirty days as may be directed by the Court on sufficient cause being

shown by the complainant.’’.

2 of 1974.

Insertion of new

section 148.

Power of

Appellate Court

to order payment

pending appeal

against

conviction.

2 of 1974.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

MANOJ

KUMAR

Digitally signed

by MANOJ

KUMAR

Date: 2018.08.02

22:20:27 +05'30'

P.R. 51

SC - 20

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¢£ÁAPÀ: 02-08-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉÃµÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The State Banks

(Repeal and Amendment) Act, 2018 (No. 19 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

THE STATE BANKS (REPEAL AND AMENDMENT) ACT, 2018

NO. 19 OF 2018

[2nd August, 2018.]

An Act to repeal the State Bank of India (Subsidiary Banks) Act, 1959, the State

Bank of Hyderabad Act, 1956 and further to amend the State Bank of India

Act, 1955.

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

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the State Banks (Repeal and Amendment) Act, 2018.

(2) It shall be deemed to have come into force on the 1st day of April, 2017.

Short title and

commencement.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 2nd August, 2018/Shravana 11, 1940 (Saka)

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

2nd August, 2018, and is hereby published for general information:—

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Repeal and

savings.

38 of 1959.

79 of 1956.

10 of 1897.

38 of 1959.

79 of 1956.

Amendment

of section 2.

CHAPTER II

REPEAL OF THE STATE BANK OF INDIA (SUBSIDIARY BANKS) ACT, 1959 AND THE STATE BANK OF

HYDERABAD ACT, 1956

2. (1) The State Bank of India (Subsidiary Banks) Act, 1959 and the State Bank of

Hyderabad Act, 1956 are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken, including any

agreement entered into under the provisions of the State Bank of India (Subsidiary Banks)

Act, 1959 by the State Bank of Hyderabad, the State Bank of Bikaner and Jaipur, the State

Bank of Mysore, the State Bank of Patiala and the State Bank of Travancore, or under the

provisions of the State Bank of Hyderabad Act, 1956 by the State Bank of Hyderabad, shall

continue to be in force and have effect as if this Act has not been enacted.

(3) The mention of particulars 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.

CHAPTER III

AMENDMENTS TO THE STATE BANK OF INDIA ACT, 1955

3. In section 2 of the State Bank of India Act, 1955 (hereinafter in this Chapter referred

to as the principal Act), clause (h) shall be omitted.

4. In section 18 of the principal Act, in sub-section (1), the words “including those

relating to a subsidiary bank” shall be omitted.

5. In section 31 of the principal Act, in sub-section (3), in the proviso, in clause (ii), the

words “or a director of a subsidiary bank” shall be omitted.

6. In section 31A of the principal Act, in sub-section (3), in the proviso, in clause (ii),

the words “or a director of a subsidiary bank” shall be omitted.

7. In section 32 of the principal Act,—

(a) in sub-section (1), the words “or where there is a branch of a subsidiary

bank” shall be omitted;

(b) in sub-section (4), the words “or through a subsidiary bank” shall be

omitted.

8. In section 36 of the principal Act, in sub-section (2), clause (aa) shall be omitted.

Amendment

of section 18.

Amendment

of section 31.

Amendment

of section

31A.

Amendment

of section 32.

Amendment

of section 36.

23 of 1955.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

MANOJ

KUMAR

Digitally signed

by MANOJ

KUMAR

Date: 2018.08.02

22:17:52 +05'30'

P.R. 52

SC - 20

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R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19

Licensed to post without prepayment WPP No. 297

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