TAMIL NADU
GOVERNMENT GAZETTE
PUBLISHED BY AUTHORITY
No. 42]
CHENNAI, WEDNESDAY, OCTOBER 17, 2018
Purattasi 31, Vilambi, Thiruvalluvar Aandu – 2049
Part IV—Section 4
CENTRAL ACTS AND ORDINANCES
CONTENTS
[ 375 ]
42-IV-4-1
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2018
[Price: Rs. 1.60 Paise.
Ordinance:—
Pages.
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
TAMIL 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 eff ect 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
Pකඍඔඑඕඑඖඉකඡ
1.
(1) This Ordinance may be called the Muslim Women (Protection of Rights on
Marriage) Ordinance, 2018.
(2) It shall extend to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force at once.
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
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 eff ect
of instantaneous and irrevocable divorce pronounced by a Muslim husband; and
(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
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.
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.
Short title,
extent and
commence-
ment.
Defi nitions.
21 of 2000
2 of 1974
Talaq to be void
and illegal.
Punishment for
pronouncing
talaq.
Oct. 17, 2018]
TAMIL NADU GOVERNMENT GAZETTE
377
CHAPTER III
PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN
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.
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.
7. Notwithstanding anything contained in the Code of Criminal Procedure, 1973,—
(a) an off ence punishable under this Ordinance shall be cognizable, if information
relating to the commission of the off ence 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 off ence 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 off ence 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.
Dක G. NARAYANA RAJU,
Secretary to the Government of India.
(Re-published by Order of the Governor)
K. RAVIKUMAR,
Additional Secretary to Government,
Law Department.
Subsistence
allowance.
Custody of
minor children.
2 of 1974
Off ence to be
congnizable,
compoundable,
etc.
TAMIL NADU GOVERNMENT GAZETTE
[Part IV—Sec. 4
378
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.
(2) It shall come into force at once.
2. In Section 3 A of the Indian Medical Council Act, 1956,—
(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.
Dක ඏ. ඖඉකඉඡඉඖඉ කඉඒඝ,
Secretary to the Government of India.
(Re-published by Order of the Governor)
K. RAVIKUMAR,
Additional Secretary to Government,
Law Department.
Short title and
commence-
ment.
102 of 1956
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU
Amendment of
Section 3A.