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741
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Volume 153
¨ÉAUÀ¼ÀÆgÀÄ, UÀÄgÀĪÁgÀ, CPÉÆÖçgï 11, 2018 (D±ÀéAiÀÄÄd 19, ±ÀPÀ ªÀµÀð 1940)
Bengaluru, Thursday, October 11, 2018 (Aashwayuja 19, Shaka Varsha 1940)
¸ÀAaPÉ 41
Issue 41
¨sÁUÀ 4
PÉÃAzÀæzÀ «zsÉÃAiÀÄPÀUÀ¼ÀÄ ªÀÄvÀÄÛ CªÀÅUÀ¼À ªÉÄÃ¯É ¥Àj²Ã®£Á ¸À«ÄwAiÀÄ ªÀgÀ¢UÀ¼ÀÄ,
PÉÃAzÀæzÀ C¢ü¤AiÀĪÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ CzsÁåzÉñÀUÀ¼ÀÄ, PÉÃAzÀæ ¸ÀPÁðgÀzÀªÀgÀÄ ºÉÆgÀr¹zÀ
¸ÁªÀiÁ£Àå ±Á¸À£À§zÀÞ ¤AiÀĪÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ ±Á¸À£À§zÀÞ DzÉñÀUÀ¼ÀÄ ªÀÄvÀÄÛ
gÁµÀÖç¥ÀwAiÀĪÀjAzÀ gÀavÀªÁV gÁdå ¸ÀPÁðgÀzÀªÀjAzÀ
¥ÀÄ£ÀB ¥ÀæPÀlªÁzÀ DzÉñÀUÀ¼ÀÄ
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ
C¢ü¸ÀÆZÀ£É
¸ÀASÉå: ¸ÀAªÀå±ÁE 21 PÉñÁ¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 28-08-2018.
¢£ÁAPÀ: 01-08-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The Specific Relief
(Amendment) Act, 2018 (No. 18 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
THE SPECIFIC RELIEF (AMENDMENT) ACT, 2018
NO. 18 OF 2018
[1st August, 2018.]
An Act further to amend the Specific Relief Act, 1963.
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 Specific Relief (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 and any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
2. In section 6 of the Specific Relief Act, 1963 (hereinafter referred to as the principal
Act), in sub-section (1), after the words “he or any person”, the words “through whom he
has been in possession or any person” shall be inserted.
3. For section 10 of the principal Act, the following section shall be substituted,
namely:—
“10. The specific performance of a contract shall be enforced by the court
subject to the provisions contained in sub-section (2) of section 11, section 14 and
section 16.”.
Short title and
commencement.
Amendment
of section 6.
47 of 1963.
Substitution of
new section for
section 10.
Specific
performance in
respect of
contracts.
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
1st August, 2018, and is hereby published for general information:—
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Amendment of
section 11.
5 of 1908.
4. In section 11 of the principal Act, in sub-section (1), for the words “contract may, in
the discretion of the court”, the words “contract shall” shall be substituted.
5. For section 14 of the principal Act, the following sections shall be substituted,
namely:—
“14. The following contracts cannot be specifically enforced, namely:—
(a) where a party to the contract has obtained substituted performance of
contract in accordance with the provisions of section 20;
(b) a contract, the performance of which involves the performance of a
continuous duty which the court cannot supervise;
(c) a contract which is so dependent on the personal qualifications of the
parties that the court cannot enforce specific performance of its material terms;
and
(d) a contract which is in its nature determinable.
14A. (1) Without prejudice to the generality of the provisions contained in the
Code of Civil Procedure, 1908, in any suit under this Act, where the court considers it
necessary to get expert opinion to assist it on any specific issue involved in the suit, it
may engage one or more experts and direct to report to it on such issue and may secure
attendance of the expert for providing evidence, including production of documents
on the issue.
(2) The court may require or direct any person to give relevant information to
the expert or to produce, or to provide access to, any relevant documents, goods or
other property for his inspection.
(3) The opinion or report given by the expert shall form part of the record of the
suit; and the court, or with the permission of the court any of the parties to the suit,
may examine the expert personally in open court on any of the matters referred to him
or mentioned in his opinion or report, or as to his opinion or report, or as to the manner
in which he has made the inspection.
(4) The expert shall be entitled to such fee, cost or expense as the court may fix,
which shall be payable by the parties in such proportion, and at such time, as the court
may direct.”.
6. In section 15 of the principal Act, after clause (f), the following clause shall be
inserted, namely:—
“(fa) when a limited liability partnership has entered into a contract and
subsequently becomes amalgamated with another limited liability partnership, the new
limited liability partnership which arises out of the amalgamation.”.
7. In section 16 of the principal Act,—
(i) for clause (a), the following clause shall be substituted, namely:—
“(a) who has obtained substituted performance of contract under
section 20; or”;
(ii) in clause (c),—
(I) for the words “who fails to aver and prove”, the words “who fails to
prove” shall be substituted;
(II) in the Explanation, in clause (ii), for the words “must aver”, the words
“must prove” shall be substituted.
Substitution of
new sections for
section 14.
Contracts not
specifically
enforceable.
Power of
court to
engage
experts.
Amendment of
section 15.
Amendment
of section 16.
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8. In section 19 of the principal Act, after clause (c), the following clause shall be
inserted, namely:—
“(ca) when a limited liability partnership has entered into a contract and
subsequently becomes amalgamated with another limited liability partnership, the new
limited liability partnership which arises out of the amalgamation.”.
9. For sub-heading “Discretion and powers of Court” occurring after section 19, the
sub-heading “Substituted performance of contracts, etc.” shall be substituted.
10. For section 20 of the principal Act, the following sections shall be substituted,
namely:—
“20. (1) Without prejudice to the generality of the provisions contained in the
Indian Contract Act, 1872, and, except as otherwise agreed upon by the parties, where
the contract is broken due to non-performance of promise by any party, the party who
suffers by such breach shall have the option of substituted performance through a
third party or by his own agency, and, recover the expenses and other costs actually
incurred, spent or suffered by him, from the party committing such breach.
(2) No substituted performance of contract under sub-section (1) shall be
undertaken unless the party who suffers such breach has given a notice in writing, of
not less than thirty days, to the party in breach calling upon him to perform the contract
within such time as specified in the notice, and on his refusal or failure to do so, he
may get the same performed by a third party or by his own agency:
Provided that the party who suffers such breach shall not be entitled to recover
the expenses and costs under sub-section (1) unless he has got the contract performed
through a third party or by his own agency.
(3) Where the party suffering breach of contract has got the contract performed
through a third party or by his own agency after giving notice under sub-section (1),
he shall not be entitled to claim relief of specific performance against the party in
breach.
(4) Nothing in this section shall prevent the party who has suffered breach of
contract from claiming compensation from the party in breach.
20A. (1) No injunction shall be granted by a court in a suit under this Act involving
a contract relating to an infrastructure project specified in the Schedule, where granting
injunction would cause impediment or delay in the progress or completion of such
infrastructure project.
Explanation.—For the purposes of this section, section 20B and clause (ha) of
section 41, the expression “infrastructure project” means the category of projects and
infrastructure Sub-Sectors specified in the Schedule.
(2) The Central Government may, depending upon the requirement for
development of infrastructure projects, and if it considers necessary or expedient to
do so, by notification in the Official Gazette, amend the Schedule relating to any
Category of projects or Infrastructure Sub-Sectors.
(3) Every notification issued under this Act by the Central Government shall be
laid, as soon as may be after it is issued, 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 notification or both Houses agree that the notification should
not be made, the 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
notification.
Amendment
of section
19.
Amendment of
sub-heading
under Chapter
II.
Substitution of
new sections for
section 20.
9 of 1872.
Special
provisions for
contract relating
to infrastructure
project.
Substituted
performance of
contract.
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20B. The State Government, in consultation with the Chief Justice of the
High Court, shall designate, by notification published in the Official Gazette, one or
more Civil Courts as Special Courts, within the local limits of the area to exercise
jurisdiction and to try a suit under this Act in respect of contracts relating to
infrastructure projects.
20C. Notwithstanding anything contained in the Code of Civil Procedure, 1908,
a suit filed under the provisions of this Act shall be disposed of by the court
within a period of twelve months from the date of service of summons to the
defendant:
Provided that the said period may be extended for a further period not exceeding
six months in aggregate after recording reasons in writing for such extension by the
court.”.
11. In section 21 of the principal Act, in sub-section (1), for the words “, either in
addition to, or in substitution of,” the words “in addition to” shall be substituted.
12. In section 25 of the principal Act, for the words and figures “the Arbitration
Act, 1940”, the words and figures “the Arbitration and Conciliation Act, 1996” shall be
substituted.
13. In section 41 of the principal Act, after clause (h), the following clause shall be
inserted, namely:—
“(ha) if it would impede or delay the progress or completion of any infrastructure
project or interfere with the continued provision of relevant facility related thereto or
services being the subject matter of such project.”.
14. After Part III of the principal Act, the following Schedule shall be inserted,
namely:—
‘THE SCHEDULE
[See sections 20A and 41 (ha)]
Category of projects and Infrastructure Sub-Sectors
Sl. No. Category
Infrastructure Sub-Sectors
1
2
3
1.
Transport
(a)
Road and bridges
(b)
Ports (including Capital Dredging)
(c)
Shipyards (including a floating or land-based facility
with the essential features of waterfront, turning
basin, berthing and docking facility, slipways or ship
lifts, and which is self-sufficient for carrying on
shipbuilding/repair/breaking activities)
(d)
Inland Waterways
(e)
Airports
(f)
Railway Track, tunnels, viaducts, bridges, terminal
infrastructure including stations and adjoining
commercial infrastructure
(g)
Urban Public Transport (except rolling stock in case
of urban road transport)
Special Courts.
Expeditious
disposal of
suits.
Amendment of
section 21.
Amendment of
section 25.
5 of 1908.
10 of 1940.
26 of 1996.
Insertion of
Schedule.
Amendment of
section 41.
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745
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2.
Energy
(a)
Electricity Generation
(b)
Electricity Transmission
(c)
Electricity Distribution
(d)
Oil pipelines
(e)
Oil/Gas/Liquefied Natural Gas (LNG) storage facility
(including strategic storage of crude oil)
(f)
Gas pipelines (including city gas distribution network)
3.
Water and
(a)
Solid Waste Management
Sanitation
(b)
Water supply pipelines
(c)
Water treatment plants
(d)
Sewage collection, treatment and disposal system
(e)
Irrigation (dams, channels, embankments, etc.)
(f)
Storm Water Drainage System
(g)
Slurry pipelines
4.
Communication
(a)
Telecommunication (Fixed network including optic
fibre/wire/cable networks which provide broadband/
internet)
(b)
Telecommunication towers
(c)
Telecommunications and Telecom Services
5.
Social and
(a)
Education Institutions (capital stock)
Commercial
Infrastructure
(b)
Sports infrastructure (including provision of
Sports Stadia and Infrastructure for Academies for
Training/Research in Sports and Sports-relating
activities)
(c)
Hospitals (capital stock including Medical Colleges,
Para Medical Training Institutes and Diagnostic
Centres)
(d)
Tourism infrastructure viz. (i) three-star or higher
category classified hotels located outside cities with
population of more than one million; (ii) ropeways
and cable cars
(e)
Common infrastructure for industrial parks and other
parks with industrial activity such as food parks,
textile parks, Special Economic Zones, tourism
facilities and agriculture markets
(f)
Post-harvest storage infrastructure for agriculture and
horticulture produce including cold storage
(g)
Terminal markets
(h)
Soil-testing laboratories
(i)
Cold chain (including cold room facility for farm level
pre-cooling, for preservation or storage of agriculture
and allied produce, marine products and meat)
1
2
3
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746
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(j)
Affordable Housing (including a housing project
using at least 50% of the Floor Area Ratio (FAR)/
Floor Space Index (FSI) for dwelling units with carpet
area of not more than 60 square meters
Explanation.—For the purposes of this sub-clause,
the term “carpet area” shall have the same meaning
as assigned to it in clause (k) of section 2 of the Real
Estate (Regulation and Development) Act, 2016
(16 of 2016).'.
1
2
3
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À ¸ÀaªÁ®AiÀÄ
C¢ü¸ÀÆZÀ£É
¸ÀASÉå: ¸ÀAªÀå±ÁE 28 PÉñÁ¥Àæ 2018, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 3-09-2018.
¢£ÁAPÀ: 27-01-2018 gÀAzÀÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ Part-II Section-1 gÀ°è ¥ÀæPÀlªÁzÀ The High Court
and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2018 (No. 10 of 2018) C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV
PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
THE HIGH COURT AND SUPREME COURT JUDGES
(SALARIES AND CONDITIONS OF SERVICE)
AMENDMENT ACT, 2018
NO. 10 OF 2018
[25th January, 2018.]
An Act further to amend the High Court Judges (Salaries and Conditions of
Service) Act, 1954 and the Supreme Court Judges (Salaries and
Conditions of Service) Act, 1958.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the High Court and Supreme Court Judges (Salaries and
Conditions of Service) Amendment Act, 2018.
(2) Sections 2, 5, 6 and 9 shall be deemed to have come into force on the 1st day of
January, 2016. Sections 3 and 7 shall be deemed to have come into force on the 1st day of
July, 2017. Sections 4 and 8 shall be deemed to have come into force on the 22nd day of
September, 2017.
Short title and
commencement.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 27th January, 2018/Magha 7, 1939 (Saka)
The following Act of Parliament received the assent of the President on the
25th January, 2018, and is hereby published for general information:—
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
MANOJ
KUMAR
Digitally signed
by MANOJ
KUMAR
Date: 2018.08.01
22:34:25 +05'30'
P.R. 54
SC - 20
PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,
Dgï. ²æäªÁ¸À,
¸ÀºÁAiÀÄPÀ ¥ÁægÀÆ¥ÀPÁgÀ ªÀÄvÀÄÛ ¥ÀzÀ¤«ÄvÀÛ
¸ÀPÁðgÀzÀ C¢üãÀ PÁAiÀÄðzÀ²ð,
¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.
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747
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CHAPTER II
AMENDMENTS OF THE HIGH COURT JUDGES (SALARIES AND
CONDITIONS OF SERVICE) ACT, 1954
2. In the High Court Judges (Salaries and Conditions of Service) Act, 1954 (hereinafter
referred to as the High Court Judges Act), in section 13A,—
(a) in sub-section (1), for the words "ninety thousand rupees per mensem", the
words "two lakh fifty thousand rupees per mensem" shall be substituted;
(b) in sub-section (2), for the words "eighty thousand rupees per mensem", the
words "two lakh twenty-five thousand rupees per mensem" shall be substituted.
3. In section 22A of the High Court Judges Act, for sub-section (2), the following
sub-section shall be substituted, namely:—
"(2) Where a Judge does not avail himself of the use of an official residence, he
may be paid every month an allowance equivalent to an amount of twenty-four per
centum of the salary which shall be increased at the rate of—
(a) twenty-seven per centum, when Dearness Allowance crosses twenty-
five per centum; and
(b) thirty per centum, when Dearness Allowance crosses fifty per centum.
4. In the High Court Judges Act, in section 22C, for the words "fifteen thousand" and
"twelve thousand", the words "thirty-four thousand" and "twenty-seven thousand" shall
respectively be substituted.
5. In the First Schedule to the High Court Judges Act,—
(a) in Part I, in paragraph 2,—
(A) in clause (a), for the letters and figures "Rs. 43,890", the letters and
figures "Rs. 1,21,575" shall be substituted;
(B) in clause (b), for the letters and figures "Rs. 34,350", the letters and
figures "Rs. 96,524" shall be substituted;
(C) in the proviso, for the letters and figures "Rs. 5,40,000" and
"Rs. 4,80,000", the letters and figures "Rs. 15,00,000" and "Rs. 13,50,000" shall
respectively be substituted;
(b) In Part III, in paragraph 2,—
(A) in clause (b), for the letters and figures "Rs. 16,020", the letters and
figures "Rs. 45,016" shall be substituted;
(B) in the proviso, for the letters and figures "Rs. 5,40,000" and "Rs. 4,80,000",
the letters and figures "Rs. 15,00,000" and "Rs. 13,50,000" shall respectively be
substituted.
CHAPTER III
AMENDMENTS OF THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE)
ACT, 1958
6. In the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
(hereinafter referred to as the Supreme Court Judges Act), in section 12A,—
(a) in sub-section (1), for the words "one lakh rupees per mensem", the words
"two lakh eighty thousand rupees per mensem" shall be substituted;
Amendment
of section
22A.
Amendment
of section
13A.
Amendment
of section
22C.
Amendment
of First
Schedule.
Amendment
of section
12A.
41 of 1958.
28 of 1954.
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748
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(b) in sub-section (2), for the words "ninety thousand rupees per mensem", the
words "two lakh fifty thousand rupees per mensem" shall be substituted.
7. In section 23 of the Supreme Court Judges Act, for sub-section (1A), the following
sub-section shall be substituted, namely:—
"(1A) Where a Judge does not avail himself of the use of an official residence, he
may be paid every month an allowance equivalent to an amount of twenty-four per
centum of the salary which shall be increased at the rate of—
(a) twenty-seven per centum, when Dearness Allowance crosses
twenty-five per centum; and
(b) thirty per centum, when Dearness Allowance crosses fifty per centum.".
8. In section 23B of the Supreme Court Judges Act, for the words "twenty thousand"
and "fifteen thousand", the words "forty-five thousand" and "thirty-four thousand" shall
respectively be substituted.
9. In the Schedule to the Supreme Court Judges Act,—
(a) in Part I,—
(i) in paragraph 2—
(A) in clause (b), for the letters and figures "Rs. 12,180", "Rs. 3,69,300",
and "Rs. 31,030", the letters and figures "Rs. 34,104", "Rs. 10,34,040", and
"Rs. 86,884" shall respectively be substituted;
(B) in the proviso, for the letters and figures "Rs. 6,00,000", the letters and
figures "Rs. 16,80,000" shall be substituted;
(ii) in paragraph 3, in the proviso, for the letters and figures "Rs. 5,40,000",
the letters and figures "Rs. 15,00,000" shall be substituted;
(b) in Part III, in paragraph 2,—
(A) in clause (b), for the letters and figures "Rs. 16,020", the letters and
figures "Rs. 45,016" shall be substituted;
(B) in the proviso, for the letters and figures "Rs. 6,00,000" and
"Rs. 5,40,000", the letters and figures "Rs. 16,80,000" and "Rs. 15,00,000" shall
respectively be substituted.
Amendment
of section 23.
Amendment
of section
23B.
Amendment
of the
Schedule.
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
P.R. 55
SC - 20
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R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
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