CENTRAL ACTS AND ORDINANCES

© GOVERNMENT OF TAMIL NADU 2018

[Regd. No. TN/CCN/467/2012-14.

[R. Dis. No. 197/2009.

[Price: Rs. 1.60 Paise.

No. 42] CHENNAI, WEDNESDAY, OCTOBER 17, 2018 Purattasi 31, Vilambi, Thiruvalluvar Aandu – 2049

Part IV—Section 4

CENTRAL ACTS AND ORDINANCES

CONTENTS

Pages.

Ordinance:—

No. 7 of 2018—The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 .. 376-377 No. 8 of 2018—The Indian Medical Council (Amendment) Ordinance, 2018 .. .. 378

[ 375 ]

42-IV-4-1TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 376

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 19th September, 2018 / Bhadra 28, 1940 (Saka) .

The following Central Ordinance promulgated by the President of India is hereby

re-published for General Information:—

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE)

ORDINANCE, 2018

No. 7 of 2018

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

An Ordinance to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and for matters connected therewith or incidental thereto;

WHEREAS the Muslim Women (Protection of Rights on Marriage) Bill, 2017 has been passed by the House of the People and is pending in the Council of States;

AND WHEREAS inspite of the fact that the Supreme Court has held in the matter of Shayara Bano Versus Union of India and others [Writ Petition (Civil) No. 118 of 2016] and other connected matters that the practice of triple talaq (talaq-e-biddat) as unconstitutional, the said practice is still continuing unabated;

AND WHEREAS Parliament is not in session and the President is satisfied that circum- stances exist which render it necessary for him to take 'immediate action to give effect to the provisions of the said Bill with certain modifications;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—

CHAPTER I

P(cid:3482)(cid:3469)(cid:3476)(cid:3473)(cid:3477)(cid:3473)(cid:3478)(cid:3465)(cid:3482)(cid:3489)

Short title,

1. (1) This Ordinance may be called the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018.

extent and commence- ment.

(2) It shall extend to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force at once.

Defi nitions.

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

(a) "electronic form" shall have the same meaning as assigned to it in clause (r) of 21 of 2000 sub-section (1) of Section 2 of the Information Technology Act, 2000;

(b) "talaq" means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband; and

2 of 1974

(c) "Magistrate" means a Judicial Magistrate of the First Class exercising jurisdiction under the Code of Criminal Procedure, 1973, in the area where the married Muslim woman resides.

CHAPTER II

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

Talaq to be void and illegal.

3. Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

Punishment for pronouncing talaq.

4. Any Muslim husband who pronounces talaq referred to in Section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

CHAPTER III

PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN

Subsistence allowance.

5. Without prejudice to the generality of the provisions contained in any other law for the time being in force, a married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children as may be determined by the Magistrate.

Custody of minor children.

6. Notwithstanding anything contained in any other law for the time being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.

2 of 1974

7. Notwithstanding anything contained in the Code of Criminal Procedure, 1973,—

Offence to be congnizable, compoundable, etc. (a) an offence punishable under this Ordinance shall be cognizable, if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim Woman upon Whom talaq is pronounced or any person related to her by blood or marriage;

(b) an offence punishable under this Ordinance shall be compoundable, at the instance of the married Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine;

(c) no person accused of an offence punishable under this Ordinance shall be released on bail unless the Magistrate, on an application fi led by the accused and after hearing the married Muslim woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such person.

RAM NATH KOVIND, President.

D(cid:3482) G. NARAYANA RAJU, Secretary to the Government of India.

(Re-published by Order of the Governor)

K. RAVIKUMAR, Additional Secretary to Government, Law Department.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 26th September, 2018/Asvina 4, 1940 (Saka) .

The following Central Ordinance promulgated by the President of India is hereby

re-published for General Information:—

THE INDIAN MEDICAL COUNCIL (AMENDMENT) ORDINANCE, 2018 No. 8 of 2018

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

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

WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take 'immediate action

NOW, THEREFORE, in exercise of the powers conferred by clause (I) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—

1. (1) This Ordinance may be called the Indian Medical Council (Amendment) Ordinance, 2018.

Short title and commence- ment.

(2) It shall come into force at once.

2. In Section 3 A of the Indian Medical Council Act, 1956,—

102 of 1956 Amendment of Section 3A.

(a) in sub-section (1), for the words, brackets and fi gures ''Indian Medical Council (Amendment) Act, 2010", the words, brackets and fi gures "Indian Medical Council (Amendment) Ordinance, 2018" shall be substituted;

(b) in sub-section (2), for the words "three years", the words "one year" shall be substituted;

(c) in sub-section (4), for the words "and medical education", the words "and medical education or proven administrative capacity and experience" shall be substituted;

(d) after sub-section (7), the following sub-section shall be inserted, namely:—

"(7A) The Board of Governors shall be assisted by a Secretary General who shall be appointed by the Central Government on deputation or contract basis and he shall be head of the secretariat in the Council".

RAM NATH KOVIND, President.

D(cid:3482) (cid:3471). (cid:3478)(cid:3465)(cid:3482)(cid:3465)(cid:3489)(cid:3465)(cid:3478)(cid:3465) (cid:3482)(cid:3465)(cid:3474)(cid:3485), Secretary to the Government of India.

(Re-published by Order of the Governor)

K. RAVIKUMAR, Additional Secretary to Government, Law Department.

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