Central Acts and Ordinance

© GOVeRNmeNT OF TamiL NaDU 2019

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No. 22] cheNNai, WeDNeSDay, may 29, 2019 Vaikasi 15, Vikari, Thiruvalluvar aandu – 2050

Part IV—Section 4

CENTRAL ACTS AND ORDINANCES

CONTENTS

Pages.

acTS:

No. 35 of 2018—The National Trust for Welfare of Persons With autism, cerebral Palsy, mental Retardation and multiple Disabilities (amendment) act, 2018 .. ..

254 No. 1 of 2019— The Right of children to Free and compulsory education (amendment) act, 2019 255-256 No. 2 of 2019—The National council for Teacher education (amendment) act, 2019 .. 257-258 The constitution (One hundred and Third amendment) act, 2019 .. 259-260 No. 3 of 2019 —The appropriation (No. 6) act, 2018 .. .. .. ,, 261-264 No. 4 of 2019 —The appropriation act, 2019 .. .. .. .. .. 265-268 No. 5 of 2019 — The appropriation (Vote on account) act, 2019 .. .. .. 269-274 No. 6 of 2019 —The Personal Laws (amendment) act, 2019 .. .. .. .. 275-276 No. 7 of 2019 —The Finance act, 2019 .. .. .. .. .. 277-292

[ 253]

22-iV-4—1सं॰ ⁵²] नई दिल्ली, शनिवार, दिसम्बर 29, 2018/ पौष 8, 1940 (शक) No. 52] NEW DELHI, SATURDAY, DECEMBER 29, 2018/PAUSHA 8, 1940 (SAKA) 254 TamiL NaDU GOVeRNmeNT GazeTTe [Part iV—Sec. 4

इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके।

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY Of LAw AND JUSTICE

(Legislative Department)

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 29th December, 2018 / Pausha 8, 1940 (Saka)

New Delhi, the 29th December, 2018/Pausha 8, 1940 (Saka)

29th December, 2018 and is hereby re-published for general information:—

The following act of Parliament received the assent of the President on the The following Act of Parliament received the assent of the President on the 29th December, 2018 and is hereby published for general information:—

THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES (AMENDMENT) ACT, 2018

NO. 35 OF 2018

[29th December 2018.] An Act to amend the National Trust for Welfare of Persons with Autism, Cerebral Palsy,

Mental Retardation and Multiple Disabilities Act, 1999.

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

Short title.

1. This Act may be called the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities (Amendment) Act, 2018.

Amendment of section 4.

44 of 1999.

2. In the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (hereinafter referred to as the principal Act), in section 4,—

(a) in sub-section (1), the words "or until his successor shall have been 2 THE GAZETTE OF INDIA EXTRA ORDINARY [PART II— SEC. 1]

duly appointed, whichever is longer" shall be omitted;

(b) after sub-section (1), the following sub-section shall be inserted,

namely:—

"(1A) The Central Government shall initiate the process for appointment of the Chairperson or Member, as the case may be, at least six months prior to the expiry of the term of office of such Chairperson or Member.";

(c) in sub-section (3), the following proviso shall be inserted, namely:—

"Provided that the Central Government may, in case of a casual vacancy in the office of the Chairperson, by order in writing, direct an officer of appropriate level, to perform the functions of the Chairperson until such vacancy is filled in.".

Amendment of Amendment of section 5.

section 5 3. In section 5 of the principal Act, in sub-section (1), in the proviso, for the words "until the appointment of his successor is made by the Central Government", the words "until his resignation is accepted by the Central Government" shall be substituted.

————

Dr. G. Narayana Raju,

Secretary to the Government of India.

(Re-published by Order of the Governor)

DR. G. NARAYANA RAJU, Secretary to the Govt. of India.

k. RaVikUmaR , Additional Secretary to Government, Law Department.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 11th January, 2019 / Pausha 21, 1940 (Saka)

New Delhi, the 11th January, 2019/Pausha 21, 1940 (Saka)

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

10th January 2019 and is hereby re-published for general information:— 10th January, 2019, and is hereby published for general information:—

THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION (AMENDMENT) ACT, 2019

NO. 1 OF 2019

[10th January, 2019.]

An Act further to amend the Right of Children to Free and Compulsory Education Act, 2009.

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 Right of Children to Free and Compulsory Education Short title and commencement.

(Amendment) Act, 2019.

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

in the Official Gazette, appoint.

35 of 2009.

2. In the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the principal Act), for section 16, the following section shall be substituted, namely:—

Substitution of new section for section 16.

"16. (1) There shall be a regular examination in the fifth class and in the eighth

class at the end of every academic year.

Examination and holding back in certain cases.

(2) If a child fails in the examination referred to in sub-section (1), he shall be given additional instruction and granted opportunity for re-examination within a period of two months from the date of declaration of the result.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

(3) The appropriate Government may allow schools to hold back a child in the fifth class or in the eighth class or in both classes, in such manner and subject to such conditions as may be prescribed, if he fails in the re-examination referred to in sub-section (2):

Provided that the appropriate Government may decide not to hold back a child in

any class till the completion of elementary education.

(4) No child shall be expelled from a school till the completion of elementary

education.".

3. In section 38 of the principal Act, in sub-section (2), after clause (f), the following

Amendment of section 38. clause shall be inserted, namely:—

Amendment of section 38 "(fa) the manner and the conditions subject to which a child may be held back

under sub-section (3) of section 16;".

Dr. G. Narayana Raju,

————

Secretary to the Government of India.

(Re-published by Order of the Governor)

DR . G. NARAYANA RAJU, Secretary to the Govt. of India.

k. RaVikUmaR , Additional Secretary to Government, Law Department.

New Delhi, the 11th January, 2019/Pausha 21, 1940 (Saka)

New Delhi, the 11th January, 2019 / Pausha 21, 1940 (Saka)

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

10th January, 2019, and is hereby published for general information:— The following act of Parliament received the assent of the President on the 10th January, 2019 and is hereby re-published for general information:—

THE NATIONAL COUNCIL FOR TEACHER EDUCATION (AMENDMENT) ACT, 2019

NO. 2 OF 2019

[10th January, 2019.]

An Act further to amend the National Council for Teacher Education Act, 1993.

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 National Council for Teacher Education (Amendment) Short title and commencement.

Act, 2019.

(2) It shall be deemed to have come into force on the 17th day of August, 1995.

73 of 1993.

Amendment of section 14.

2. In the National Council for Teacher Education Act, 1993 (hereinafter referred to as the principal Act), in section 14, in sub-section (1), after the proviso, the following proviso 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1] shall be inserted, namely:—

"Provided further that such institutions, as may be specified by the Central

Government by notification in the Official Gazette, which—

(i) are funded by the Central Government or the State Government or the

Union territory Administration;

(ii) have offered a course or training in teacher education on or after the

appointed day till the academic year 2017-2018; and

(iii) fulfil the conditions specified under clause (a) of sub-section (3),

shall be deemed to have been recognised by the Regional Committee.".

3. In section 15 of the principal Act, in sub-section (1), the following proviso shall be Amendment of section 15 Amendment of section 15. inserted, namely:—

"Provided that the course or training in teacher education offered on or after the appointed day till the academic year 2017-2018 by such institutions, as may be specified by the Central Government by notification in the Official Gazette, which—

(i) are funded by the Central Government or the State Government or the

Union territory Administration; and

(ii) fulfil the conditions specified under clause (a) of sub-section (3),

shall be deemed to have been granted permission by the Regional Committee.".

Dr. G. Narayana Raju,

Secretary to the Government of India.

————

(Re-published by Order of the Governor)

DR . G. NARAYANA RAJU, Secretary to the Govt. of India.

k. RaVikUmaR , Additional Secretary to Government, Law Department.

इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके।

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 12th January, 2019 / Pausha 22, 1940 (Saka)

New Delhi, the 12th January, 2019/Pausha 22, 1940 (Saka) The following act of Parliament received the assent of the President on the The following Act of Parliament received the assent of the President on the 12th January, 2019 and is hereby re-published for general information:— 12th January, 2019, and is hereby published for general information:—

THE CONSTITUTION (ONE HUNDRED AND THIRD AMENDMENT) ACT, 2019

[12th January, 2019.] An Act further to amend the Constitution of India.

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 Constitution (One Hundred and Third Amendment) Short title and commencement.

Act, 2019.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. In article 15 of the Constitution, after clause (5), the following clause shall be Amendment of article 15.

inserted, namely:—

'(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,—

(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1] (b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.

Explanation.—For the purposes of this article and article 16, "economically weaker sections" shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.'.

3. In article 16 of the Constitution, after clause (5), the following clause shall be

Amendment of article 16.

Amendment of article 16.

inserted, namely:—

"(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category.".

————

Dr. G. Narayana Raju,

Secretary to the Government of India. DR . G. NARAYANA RAJU, Secretary to the Govt. of India.

(Re-published by Order of the Governor)

k. RaVikUmaR , Additional Secretary to Government, Law Department.

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

New Delhi, the 16th January, 2019/Pausha 26, 1940 (Saka) 16th January, 2019 and is hereby published for general information:—

New Delhi, the 16th January, 2019/Pausha 26, 1940 (Saka)

16th January, 2019 and is hereby published for general information:—

The following Act of Parliament received the assent of the President on the New Delhi, the 16th January, 2019/Pausha 26, 1940 (Saka) New Delhi, the 16th January, 2019/Pausha 26, 1940 (Saka) The following Act of Parliament received the assent of the President on the The following Act of Parliament received the assent of the President on the New Delhi, the 16th January, 2019/Pausha 26, 1940 (Saka) The following Act of Parliament received the assent of the President on the New Delhi, the 16th January, 2019/Pausha 26, 1940 (Saka) [16th January, 2019.] The following Act of Parliament received the assent of the President on the

[16th January, 2019.]

Short title.

Short title.

Short title. Issue of Rs. 85948,86,00,000 Issue of out of the Rs. 85948,86,00,000 Consolidated Short title. out of the Issue of Fund of India Short title. Consolidated Rs. 85948,86,00,000 for the Issue of Fund of India out of the Short title. financial year Issue of Rs. 85948,86,00,000 for the Consolidated 2018-19. Rs. 85948,86,00,000 out of the Short title. financial year Fund of India Issue of out of the Consolidated 2018-19. for the Rs. 85948,86,00,000 Appropriation. Consolidated Fund of India Issue of financial year out of the Fund of India for the Appropriation. Rs. 85948,86,00,000 2018-19. Consolidated for the financial year out of the Fund of India Appropriation. financial year 2018-19. Consolidated for the 2018-19. Fund of India financial year Appropriation. for the 2018-19. Appropriation. financial year 2018-19. Appropriation.

Appropriation.

NO. 3 OF 2019 16th January, 2019 and is hereby published for general information:— THE APPROPRIATION (No. 6) ACT, 2018 [16th January, 2019.] The following Act of Parliament received the assent of the President on the An Act to authorise payment and appropriation of certain further sums from and THE APPROPRIATION (No. 6) ACT, 2018 THE APPROPRIATION (No. 6) ACT, 2018 16th January, 2019 and is hereby published for general information:— NO. 3 OF 2019 An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year NO. 3 OF 2019 THE APPROPRIATION (No. 6) ACT, 2018 NO. 3 OF 2019 out of the Consolidated Fund of India for the services of the financial year 2018-19. [16th January, 2019.] THE APPROPRIATION (No. 6) ACT, 2018 An Act to authorise payment and appropriation of certain further sums from and [16th January, 2019.] 2018-19. NO. 3 OF 2019 BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year An Act to authorise payment and appropriation of certain further sums from and [16th January, 2019.] NO. 3 OF 2019 BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— out of the Consolidated Fund of India for the services of the financial year 1. This Act may be called the Appropriation (No. 6) Act, 2018. 2018-19. out of the Consolidated Fund of India for the services of the financial year [16th January, 2019.] An Act to authorise payment and appropriation of certain further sums from and 2018-19. 1. This Act may be called the Appropriation (No. 6) Act, 2018. 2. From and out of the Consolidated Fund of India there may be paid and applied sums 2018-19. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— out of the Consolidated Fund of India for the services of the financial year An Act to authorise payment and appropriation of certain further sums from and not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 2. From and out of the Consolidated Fund of India there may be paid and applied sums 2018-19. out of the Consolidated Fund of India for the services of the financial year 1. This Act may be called the Appropriation (No. 6) Act, 2018. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— sum of eighty-five thousand nine hundred forty-eight crore and eighty-six lakh rupees towards not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the 1. This Act may be called the Appropriation (No. 6) Act, 2018. 2018-19. defraying the several charges which will come in course of payment during the financial year 2. From and out of the Consolidated Fund of India there may be paid and applied sums sum of eighty-five thousand nine hundred forty-eight crore and eighty-six lakh rupees towards BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. This Act may be called the Appropriation (No. 6) Act, 2018. not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the 2018-19 in respect of the services specified in column 2 of the Schedule. 2. From and out of the Consolidated Fund of India there may be paid and applied sums defraying the several charges which will come in course of payment during the financial year BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. This Act may be called the Appropriation (No. 6) Act, 2018. 2. From and out of the Consolidated Fund of India there may be paid and applied sums sum of eighty-five thousand nine hundred forty-eight crore and eighty-six lakh rupees towards not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the 2018-19 in respect of the services specified in column 2 of the Schedule. not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the defraying the several charges which will come in course of payment during the financial year 1. This Act may be called the Appropriation (No. 6) Act, 2018. sum of eighty-five thousand nine hundred forty-eight crore and eighty-six lakh rupees towards 2. From and out of the Consolidated Fund of India there may be paid and applied sums 2018-19 in respect of the services specified in column 2 of the Schedule. sum of eighty-five thousand nine hundred forty-eight crore and eighty-six lakh rupees towards 3. The sums authorised to be paid and applied from and out of the Consolidated Fund defraying the several charges which will come in course of payment during the financial year not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the 2. From and out of the Consolidated Fund of India there may be paid and applied sums defraying the several charges which will come in course of payment during the financial year of India by this Act shall be appropriate for the services and purposes expressed in the 2018-19 in respect of the services specified in column 2 of the Schedule. 3. The sums authorised to be paid and applied from and out of the Consolidated Fund sum of eighty-five thousand nine hundred forty-eight crore and eighty-six lakh rupees towards not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the 2018-19 in respect of the services specified in column 2 of the Schedule. Schedule in relation to the said year. of India by this Act shall be appropriate for the services and purposes expressed in the defraying the several charges which will come in course of payment during the financial year sum of eighty-five thousand nine hundred forty-eight crore and eighty-six lakh rupees towards 3. The sums authorised to be paid and applied from and out of the Consolidated Fund Schedule in relation to the said year. 2018-19 in respect of the services specified in column 2 of the Schedule. defraying the several charges which will come in course of payment during the financial year of India by this Act shall be appropriate for the services and purposes expressed in the 3. The sums authorised to be paid and applied from and out of the Consolidated Fund 2018-19 in respect of the services specified in column 2 of the Schedule. Schedule in relation to the said year. 3. The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriate for the services and purposes expressed in the of India by this Act shall be appropriate for the services and purposes expressed in the Schedule in relation to the said year. 3. The sums authorised to be paid and applied from and out of the Consolidated Fund Schedule in relation to the said year. of India by this Act shall be appropriate for the services and purposes expressed in the 3. The sums authorised to be paid and applied from and out of the Consolidated Fund Schedule in relation to the said year. of India by this Act shall be appropriate for the services and purposes expressed in the Schedule in relation to the said year.

THE SCHEDULE

(See sections 2 and 3)

Dr. G. Narayana Raju,

Secretary to the Government of India.

(Re-published by Order of the Governor)

————

k. RaVikUmaR , Additional Secretary to Government, Law Department.

DR . G. NARAYANA RAJU, Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

MANOJ KUMAR mGiPmRND—3249Gi(S3)—16-01-2019.

Digitally signed by MANOJ KUMAR Date: 2019.01.16 22:42:26 +05'30'May 29, 2019] TaMil nadu governMenT gazeTTe 265 The following act of Parliament received the assent of the President on the

New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka) 15th February, 2019 and is hereby re-published for general information:—

New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka) The following Act of Parliament received the assent of the President on the 15th February, 2019 and is hereby published for general information:—

15th February, 2019 and is hereby published for general information:—

15th February, 2019 and is hereby published for general information:—

15th February, 2019 and is hereby published for general information:—

New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka) The following Act of Parliament received the assent of the President on the New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka) The following Act of Parliament received the assent of the President on the New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka) The following Act of Parliament received the assent of the President on the New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka) The following Act of Parliament received the assent of the President on the [15th February, 2019.] The following Act of Parliament received the assent of the President on the

Short title.

Short title. Issue of Rs. 198831,36,00,000 Short title. out of the Issue of Rs. Consolidated 198831,36,00,000 Short title. Issue of Rs. Fund of India for out of the Short title. 198831,36,00,000 the financial Consolidated Issue of Rs. out of the year 2018-19. Fund of India for Short title. 198831,36,00,000 Consolidated Issue of Rs. the financial out of the Fund of India for 198831,36,00,000 year 2018-19. Issue of Rs. Consolidated Appropriation. the financial out of the 198831,36,00,000 Fund of India for year 2018-19. Consolidated out of the the financial Appropriation. Fund of India for Consolidated year 2018-19. the financial Fund of India for Appropriation. year 2018-19. the financial Appropriation. year 2018-19.

Appropriation.

Appropriation.

THE SCHEDULE

(See sections 2 and 3)

Dr. G. Narayana Raju,

————

Secretary to the Government of India.

(Re-published by Order of the Governor)

DR . G. NARAYANA RAJU, Secretary to the Govt. of India.

k. RaVikUmaR , Additional Secretary to Government, Law Department.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

BANSHI DHAR DUBEY

Digitally signed by BANSHI DHAR DUBEY Date: 2019.02.15 22:45:27 +05'30' mGiPmRND—3934LS(S3)—15-02-2019.

New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka)

New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka) 15th February, 2019 and is hereby re-published for general information:—

The following act of Parliament received the assent of the President on the New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka) The following Act of Parliament received the assent of the President on the 15th February, 2019 and is hereby published for general information:—

The following Act of Parliament received the assent of the President on the New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka) 15th February, 2019 and is hereby published for general information:—

THE APPROPRIATION (VOTE ON ACCOUNT) ACT, 2019 NO. 5 OF 2019

15th February, 2019 and is hereby published for general information:—

New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka) The following Act of Parliament received the assent of the President on the New Delhi, the 15th February, 2019/Magha 26, 1940 (Saka) The following Act of Parliament received the assent of the President on the The following Act of Parliament received the assent of the President on the [15th February, 2019.]

Short title. Short title. Withdrawal of Rs . 3417295,38,00,000 Withdrawal of from and out Short title. Rs . 3417295,38,00,000 of the from and out Short title. Consolidated Withdrawal of of the Fund of India for Short title. Rs . 3417295,38,00,000 Withdrawal of Consolidated the financial from and out Rs . 3417295,38,00,000 Fund of India for year 2019-20. Withdrawal of of the from and out the financial Rs . 3417295,38,00,000 Consolidated of the year 2019-20. Appropriation. from and out Fund of India for Consolidated of the the financial Appropriation. Fund of India for Consolidated year 2019-20. the financial Fund of India for year 2019-20. the financial Appropriation. year 2019-20. Appropriation.

Appropriation.

[PART II—

Construction of references to Ministries or Departments in the Schedule.

Construction of references to Ministries or Departments in the Schedule.

THE SCHEDULE

(See sections 2, 3 and 4)

Dr. G. Narayana Raju,

————

Secretary to the Government of India.

(Re-published by Order of the Governor)

DR . G. NARAYANA RAJU, Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. BANSHI

DHAR DUBEY

Digitally signed by BANSHI DHAR DUBEY Date: 2019.02.15 22:47:52 +05'30' mGiPmRND—3935LS(S3)—15-02-2019.

k. RaVikUmaR , Additional Secretary to Government, Law Department.

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 21st February, 2019/Phalguna 2, 1940 (Saka)

New Delhi, the 21st February, 2019/Phalguna 2, 1940 (Saka) The following Act of Parliament received the assent of the President on the The following act of Parliament received the assent of the President on the 21st February, 2019, and is hereby published for general information:—

21st February, 2019, and is hereby re-published for general information:—

THE PERSONAL LAWS (AMENDMENT) ACT, 2019

NO. 6 OF 2019

[21st February, 2019.] An Act further to amend the Divorce Act, 1869, the Dissolution of Muslim Marriages Act, 1939, the Special Marriage Act, 1954, the Hindu Marriage Act, 1955 and the Hindu Adoptions and Maintenance Act, 1956.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Personal Laws (Amendment) Act, 2019.

Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

CHAPTER II

AMENDMENT TO THE DIVORCE ACT, 1869

2. In the Divorce Act, 1869, in section 10, in sub-section (1), clause (iv) shall be omitted. 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]

Amendment of section 10 of Act No. 4 of 1869.

CHAPTER III

AMENDMENT TO THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939

3. In the Dissolution of Muslim Marriages Act, 1939, in section 2, in ground (vi), the words "leprosy or" shall be omitted.

Amendment of section 2 of Act No. 8 of 1939.

Amendment of section 2 of Act No. 8 of 1939.

CHAPTER IV

AMENDMENT TO THE SPECIAL MARRIAGE ACT, 1954

4. In the Special Marriage Act, 1954, in section 27, in sub-section (1), clause (g) shall

be omitted.

be omitted.

Amendment of section 27 of Act No. 43 of 1954.

Amendment of section 27 of Act No. 43 of 1954.

CHAPTER V

AMENDMENT TO THE HINDU MARRIAGE ACT, 1955

5. In the Hindu Marriage Act, 1955, in section 13, in sub-section (1), clause (iv) shall be

omitted. omitted.

Amendment of section 13 of Act No. 25 of 1955.

Amendment of section 13 of Act No. 25 of 1955.

CHAPTER VI

AMENDMENT TO THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

6. In the Hindu Adoptions and Maintenance Act, 1956 in section 18, in sub-section (2), clause (c) shall be omitted.

Amendment of section 18 of Act No. 78 of 1956.

Amendment of section 18 of Act No. 78 of 1956.

————

Dr. G. Narayana Raju,

Secretary to the Government of India.

(Re-published by Order of the Governor)

DR. G. NARAYANA RAJU, Secretary to the Govt. of India. k. RaVikUmaR ,

Additional Secretary to the Government,

Law Department.

New Delhi, the 21st February, 2019/Phalguna 2, 1940 (Saka) 21st February, 2019, and is hereby re-published for general information:—

21st February, 2019, and is hereby published for general information:—

21st February, 2019, and is hereby published for general information:—

21st February, 2019, and is hereby published for general information:— 21st February, 2019, and is hereby published for general information:—

New Delhi, the 21st February, 2019/Phalguna 2, 1940 (Saka) The following Act of Parliament received the assent of the President on the New Delhi, the 21st February, 2019/Phalguna 2, 1940 (Saka) The following Act of Parliament received the assent of the President on the The following Act of Parliament received the assent of the President on the New Delhi, the 21st February, 2019/Phalguna 2, 1940 (Saka) [21st February, 2019.]

Short title and commencement.

on the 1st day of April, 2019. follows:—

PRELIMINARY CHAPTER I CHAPTER I PRELIMINARY PRELIMINARY CHAPTER II CHAPTER I

follows:— on the 1st day of April, 2019.

Short title and commencement. Short title and commencement. Short title and commencement.

13 of 2018.

13 of 2018.

Income-tax. Short title and commencement. Short title and Income-tax. commencement.

13 of 2018.

Income-tax.

13 of 2018.

Income-tax.

13 of 2018.

Income-tax.

13 of 2018.

Income-tax.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as 1. (1) This Act may be called the Finance Act, 2019. (2) Save as otherwise provided in this Act, sections 2 to 10 shall come into force 1. (1) This Act may be called the Finance Act, 2019. (2) Save as otherwise provided in this Act, sections 2 to 10 shall come into force RATES OF INCOME-TAX PRELIMINARY CHAPTER I CHAPTER II (2) Save as otherwise provided in this Act, sections 2 to 10 shall come into force on the 1st day of April, 2019. 2. The provisions of section 2 of, and the First Schedule to, the Finance Act, 2018, 1. (1) This Act may be called the Finance Act, 2019. PRELIMINARY on the 1st day of April, 2019. RATES OF INCOME-TAX CHAPTER II shall apply in relation to income-tax for the assessment year or, as the case may be, the 1. (1) This Act may be called the Finance Act, 2019. (2) Save as otherwise provided in this Act, sections 2 to 10 shall come into force CHAPTER II financial year commencing on the 1st day of April, 2019, as they apply in relation to 2. The provisions of section 2 of, and the First Schedule to, the Finance Act, 2018, RATES OF INCOME-TAX on the 1st day of April, 2019. shall apply in relation to income-tax for the assessment year or, as the case may be, the (2) Save as otherwise provided in this Act, sections 2 to 10 shall come into force RATES OF INCOME-TAX 2. The provisions of section 2 of, and the First Schedule to, the Finance Act, 2018, CHAPTER II financial year commencing on the 1st day of April, 2019, as they apply in relation to on the 1st day of April, 2019. 2. The provisions of section 2 of, and the First Schedule to, the Finance Act, 2018, shall apply in relation to income-tax for the assessment year or, as the case may be, the RATES OF INCOME-TAX CHAPTER II shall apply in relation to income-tax for the assessment year or, as the case may be, the financial year commencing on the 1st day of April, 2019, as they apply in relation to financial year commencing on the 1st day of April, 2019, as they apply in relation to 2. The provisions of section 2 of, and the First Schedule to, the Finance Act, 2018, RATES OF INCOME-TAX shall apply in relation to income-tax for the assessment year or, as the case may be, the 2. The provisions of section 2 of, and the First Schedule to, the Finance Act, 2018, financial year commencing on the 1st day of April, 2019, as they apply in relation to 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— shall apply in relation to income-tax for the assessment year or, as the case may be, the financial year commencing on the 1st day of April, 2019, as they apply in relation to 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— income-tax for the assessment year, or as the case may be, the financial year commencing 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— on the 1st day of April, 2018, with the following modifications, namely:—

(a) in section 2,—

income-tax for the assessment year, or as the case may be, the financial year commencing income-tax for the assessment year, or as the case may be, the financial year commencing on the 1st day of April, 2018, with the following modifications, namely:— (i) in sub-section (1), for the figures "2018", the figures "2019" shall on the 1st day of April, 2018, with the following modifications, namely:—

(a) in section 2,— be substituted; (a) in section 2,—

(i) in sub-section (1), for the figures "2018", the figures "2019" shall (ii) in sub-section (3), for the first proviso, the following proviso shall (i) in sub-section (1), for the figures "2018", the figures "2019" shall be substituted; be substituted, namely:— be substituted;

(ii) in sub-section (3), for the first proviso, the following proviso shall "Provided that the amount of income-tax computed in accordance (ii) in sub-section (3), for the first proviso, the following proviso shall be substituted, namely:— with the provisions of section 111A or section 112 or section 112A of the be substituted, namely:— Income-tax Act shall be increased by a surcharge, for the purposes of the "Provided that the amount of income-tax computed in accordance Union, as provided in Paragraph A, B, C, D or E, as the case may be, of Part I "Provided that the amount of income-tax computed in accordance with the provisions of section 111A or section 112 or section 112A of the of the First Schedule:"; with the provisions of section 111A or section 112 or section 112A of the Income-tax Act shall be increased by a surcharge, for the purposes of the Income-tax Act shall be increased by a surcharge, for the purposes of the Union, as provided in Paragraph A, B, C, D or E, as the case may be, of Part I (iii) for sub-section (11) and sub-section (12), the following Union, as provided in Paragraph A, B, C, D or E, as the case may be, of Part I of the First Schedule:"; sub-section shall be substituted, namely:— of the First Schedule:";

sub-section shall be substituted, namely:— sub-section shall be substituted, namely:—

sub-section shall be substituted, namely:—

sub-section (12) and sub-section (13), respectively; sub-section (12) and sub-section (13), respectively;

(iv) sub-section (13) and sub-section (14) shall be renumbered as (i) for Part I, the following Part I shall be substituted, namely:— (v) in sub-section (13) as so renumbered, in clause (a), for the figures (i) for Part I, the following Part I shall be substituted, namely:— (v) in sub-section (13) as so renumbered, in clause (a), for the figures (i) for Part I, the following Part I shall be substituted, namely:— (v) in sub-section (13) as so renumbered, in clause (a), for the figures

sub-section (12) and sub-section (13), respectively; "2018", the figures "2019" shall be substituted; "2018", the figures "2019" shall be substituted; (b) in the First Schedule,— sub-section (12) and sub-section (13), respectively; "2018", the figures "2019" shall be substituted; (b) in the First Schedule,— sub-section (12) and sub-section (13), respectively; (b) in the First Schedule,— sub-section (12) and sub-section (13), respectively; "2018", the figures "2019" shall be substituted; "2018", the figures "2019" shall be substituted; (b) in the First Schedule,— "2018", the figures "2019" shall be substituted; (b) in the First Schedule,—

(b) in the First Schedule,—

(i) for Part I, the following Part I shall be substituted, namely:— (i) for Part I, the following Part I shall be substituted, namely:—

(i) for Part I, the following Part I shall be substituted, namely:—

exceed Rs. 2,50,000 exceed Rs. 2,50,000

Rates of income-tax

"PART I "PART I INCOME-TAX INCOME-TAX "PART I Paragraph A INCOME-TAX Paragraph A "PART I (I) In the case of every individual other than the individual referred to in items (ii) Paragraph A (I) In the case of every individual other than the individual referred to in items (ii) "PART I and (iii) of this Paragraph or Hindu undivided family or association of persons or body of INCOME-TAX and (iii) of this Paragraph or Hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in (I) In the case of every individual other than the individual referred to in items (ii) INCOME-TAX "PART I Paragraph A individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which and (iii) of this Paragraph or Hindu undivided family or association of persons or body of INCOME-TAX Paragraph A sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which (I) In the case of every individual other than the individual referred to in items (ii) any other Paragraph of this Part applies,— individuals, whether incorporated or not, or every artificial juridical person referred to in Paragraph A any other Paragraph of this Part applies,— and (iii) of this Paragraph or Hindu undivided family or association of persons or body of (I) In the case of every individual other than the individual referred to in items (ii) sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which Rates of income-tax individuals, whether incorporated or not, or every artificial juridical person referred to in and (iii) of this Paragraph or Hindu undivided family or association of persons or body of any other Paragraph of this Part applies,— (I) In the case of every individual other than the individual referred to in items (ii) Rates of income-tax (1) where the total income does not Nil; sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which individuals, whether incorporated or not, or every artificial juridical person referred to in and (iii) of this Paragraph or Hindu undivided family or association of persons or body of Rates of income-tax (1) where the total income does not Nil; any other Paragraph of this Part applies,— sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which individuals, whether incorporated or not, or every artificial juridical person referred to in (1) where the total income does not Nil; any other Paragraph of this Part applies,— sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which (2) where the total income exceeds 5 per cent. of the amount by which the total Rates of income-tax (2) where the total income exceeds 5 per cent. of the amount by which the total any other Paragraph of this Part applies,— Rates of income-tax (1) where the total income does not Nil; (2) where the total income exceeds 5 per cent. of the amount by which the total (1) where the total income does not Nil; (3) where the total income exceeds Rs. 12,500 plus 20 per cent. of the amount (1) where the total income does not Nil; (2) where the total income exceeds 5 per cent. of the amount by which the total (3) where the total income exceeds Rs. 12,500 plus 20 per cent. of the amount (2) where the total income exceeds 5 per cent. of the amount by which the total (3) where the total income exceeds Rs. 12,500 plus 20 per cent. of the amount (2) where the total income exceeds 5 per cent. of the amount by which the total (4) where the total income exceeds Rs. 1,12,500 plus 30 per cent. of the amount (3) where the total income exceeds Rs. 12,500 plus 20 per cent. of the amount (4) where the total income exceeds Rs. 1,12,500 plus 30 per cent. of the amount (3) where the total income exceeds Rs. 12,500 plus 20 per cent. of the amount (4) where the total income exceeds Rs. 1,12,500 plus 30 per cent. of the amount (3) where the total income exceeds Rs. 12,500 plus 20 per cent. of the amount

Rs. 10,00,000. Rs. 10,00,000.

Rs. 10,00,000.

(4) where the total income exceeds Rs. 1,12,500 plus 30 per cent. of the amount (4) where the total income exceeds Rs. 1,12,500 plus 30 per cent. of the amount exceed Rs. 2,50,000 Rs. 2,50,000 but does not exceed income exceeds Rs. 2,50,000; Rs. 2,50,000 but does not exceed income exceeds Rs. 2,50,000; Rs. 5,00,000 exceed Rs. 2,50,000 Rs. 5,00,000 Rs. 2,50,000 but does not exceed income exceeds Rs. 2,50,000; exceed Rs. 2,50,000 Rs. 5,00,000 Rs. 5,00,000 but does not exceed by which the total income exceeds exceed Rs. 2,50,000 Rs. 2,50,000 but does not exceed income exceeds Rs. 2,50,000; Rs. 5,00,000 but does not exceed by which the total income exceeds Rs. 10,00,000 Rs. 5,00,000; Rs. 5,00,000 Rs. 2,50,000 but does not exceed income exceeds Rs. 2,50,000; Rs. 10,00,000 Rs. 5,00,000; Rs. 5,00,000 but does not exceed by which the total income exceeds Rs. 5,00,000 Rs. 2,50,000 but does not exceed income exceeds Rs. 2,50,000; Rs. 10,00,000 Rs. 5,00,000; Rs. 10,00,000 by which the total income exceeds Rs. 5,00,000 Rs. 5,00,000 but does not exceed by which the total income exceeds Rs. 10,00,000 by which the total income exceeds Rs. 10,00,000 Rs. 5,00,000; Rs. 5,00,000 but does not exceed by which the total income exceeds Rs. 10,00,000 by which the total income exceeds Rs. 10,00,000 Rs. 5,00,000; Rs. 5,00,000 but does not exceed by which the total income exceeds Rs. 10,00,000 Rs. 5,00,000; Rs. 10,00,000 by which the total income exceeds Rs. 10,00,000 by which the total income exceeds

(4) where the total income exceeds Rs. 1,12,500 plus 30 per cent. of the amount

Rs. 10,00,000. Rs. 10,00,000.

Rs. 10,00,000 by which the total income exceeds

Rs. 10,00,000.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 (II) In the case of every individual, being a resident in India, who is of the age of sixty

years or more but less than eighty years at any time during the previous year,—

Rates of income-tax

(1) where the total income does not Nil;

exceed Rs. 3,00,000

(2) where the total income exceeds 5 per cent. of the amount by which the total Rs. 3,00,000 but does not exceed income exceeds Rs. 3,00,000; Rs. 5,00,000

(3) where the total income exceeds Rs. 10,000 plus 20 per cent. of the amount

Rs. 5,00,000 but does not exceed by which the total income exceeds Rs. 10,00,000 Rs. 5,00,000;

(1) where the total income does not Nil; (1) where the total income does not Nil;

Rates of income-tax

years or more but less than eighty years at any time during the previous year,— years or more but less than eighty years at any time during the previous year,—

exceed Rs. 3,00,000 exceed Rs. 3,00,000

(1) where the total income does not Nil; (2) where the total income exceeds 5 per cent. of the amount by which the total (2) where the total income exceeds 5 per cent. of the amount by which the total

(1) where the total income does not Nil; (1) where the total income does not Nil;

exceed Rs. 3,00,000 exceed Rs. 3,00,000

(2) where the total income exceeds 5 per cent. of the amount by which the total (3) where the total income exceeds Rs. 10,000 plus 20 per cent. of the amount (2) where the total income exceeds 5 per cent. of the amount by which the total (2) where the total income exceeds 5 per cent. of the amount by which the total (3) where the total income exceeds Rs. 10,000 plus 20 per cent. of the amount

Rs. 3,00,000 but does not exceed income exceeds Rs. 3,00,000; Rs. 3,00,000 but does not exceed income exceeds Rs. 3,00,000; Rs. 5,00,000 Rs. 5,00,000

(3) where the total income exceeds Rs. 10,000 plus 20 per cent. of the amount (4) where the total income exceeds Rs. 1,10,000 plus 30 per cent. of the amount (4) where the total income exceeds Rs. 1,10,000 plus 30 per cent. of the amount

Rates of income-tax Rates of income-tax exceed Rs. 3,00,000 Rs. 3,00,000 but does not exceed income exceeds Rs. 3,00,000; Rs. 3,00,000 but does not exceed income exceeds Rs. 3,00,000; Rs. 5,00,000 Rs. 5,00,000 Rs. 3,00,000 but does not exceed income exceeds Rs. 3,00,000; Rs. 5,00,000 Rs. 5,00,000 but does not exceed by which the total income exceeds Rs. 5,00,000 but does not exceed by which the total income exceeds Rs. 10,00,000 Rs. 5,00,000; Rs. 10,00,000 Rs. 5,00,000; Rs. 5,00,000 but does not exceed by which the total income exceeds (3) where the total income exceeds Rs. 10,000 plus 20 per cent. of the amount (3) where the total income exceeds Rs. 10,000 plus 20 per cent. of the amount Rs. 10,00,000 Rs. 5,00,000; Rs. 10,00,000 by which the total income exceeds Rs. 10,00,000 by which the total income exceeds

Rs. 5,00,000 but does not exceed by which the total income exceeds Rs. 5,00,000 but does not exceed by which the total income exceeds Rs. 10,00,000 Rs. 5,00,000; Rs. 10,00,000 Rs. 5,00,000;

Rs. 10,00,000. Rs. 10,00,000.

Rs. 10,00,000 by which the total income exceeds

(4) where the total income exceeds Rs. 1,10,000 plus 30 per cent. of the amount (4) where the total income exceeds Rs. 1,10,000 plus 30 per cent. of the amount

(4) where the total income exceeds Rs. 1,10,000 plus 30 per cent. of the amount (III) In the case of every individual, being a resident in India, who is of the age of eighty (III) In the case of every individual, being a resident in India, who is of the age of eighty

Rs. 10,00,000.

years or more at any time during the previous year,— years or more at any time during the previous year,—

(III) In the case of every individual, being a resident in India, who is of the age of eighty

Rs. 10,00,000. Rs. 10,00,000.

Rs. 10,00,000 by which the total income exceeds Rs. 10,00,000 by which the total income exceeds Rates of income-tax Rates of income-tax

years or more at any time during the previous year,—

(III) In the case of every individual, being a resident in India, who is of the age of eighty (III) In the case of every individual, being a resident in India, who is of the age of eighty

Rates of income-tax

(1) where the total income does not Nil; years or more at any time during the previous year,— (1) where the total income does not Nil; years or more at any time during the previous year,—

exceed Rs. 5,00,000 exceed Rs. 5,00,000

Rates of income-tax

Rates of income-tax

(1) where the total income does not Nil; (1) where the total income does not Nil;

exceed Rs. 5,00,000 exceed Rs. 5,00,000

(3) where the total income exceeds Rs. 1,00,000 plus 30 per cent. of the amount

(1) where the total income does not Nil; (2) where the total income exceeds 20 per cent. of the amount by which the (2) where the total income exceeds 20 per cent. of the amount by which the exceed Rs. 5,00,000 Rs. 5,00,000 but does not exceed total income exceeds Rs. 5,00,000; Rs. 5,00,000 but does not exceed total income exceeds Rs. 5,00,000; Rs. 10,00,000 (2) where the total income exceeds 20 per cent. of the amount by which the Rs. 10,00,000 Rs. 5,00,000 but does not exceed total income exceeds Rs. 5,00,000; (3) where the total income exceeds Rs. 1,00,000 plus 30 per cent. of the amount (2) where the total income exceeds 20 per cent. of the amount by which the (2) where the total income exceeds 20 per cent. of the amount by which the (3) where the total income exceeds Rs. 1,00,000 plus 30 per cent. of the amount Rs. 10,00,000 Rs. 10,00,000 by which the total income exceeds Rs. 5,00,000 but does not exceed total income exceeds Rs. 5,00,000; Rs. 5,00,000 but does not exceed total income exceeds Rs. 5,00,000; Rs. 10,00,000 by which the total income exceeds Rs. 10,00,000 Rs. 10,00,000

Rs. 10,00,000. Rs. 10,00,000.

Rs. 10,00,000 by which the total income exceeds

(3) where the total income exceeds Rs. 1,00,000 plus 30 per cent. of the amount (3) where the total income exceeds Rs. 1,00,000 plus 30 per cent. of the amount

Rs. 10,00,000.

Rs. 10,00,000. Rs. 10,00,000.

Surcharge on income-tax

Surcharge on income-tax

Surcharge on income-tax Surcharge on income-tax Rs. 10,00,000 by which the total income exceeds Rs. 10,00,000 by which the total income exceeds The amount of income-tax computed in accordance with the preceding provisions of Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions of section 111A or section 112 or section 112A of the this Paragraph, or the provisions of section 111A or section 112 or section 112A of the Income-tax Act, shall be increased by a surcharge for the purposes of the Union, calculated, The amount of income-tax computed in accordance with the preceding provisions of Income-tax Act, shall be increased by a surcharge for the purposes of the Union, calculated, in the case of every individual or Hindu undivided family or association of persons or body this Paragraph, or the provisions of section 111A or section 112 or section 112A of the in the case of every individual or Hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in Income-tax Act, shall be increased by a surcharge for the purposes of the Union, calculated, of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,— in the case of every individual or Hindu undivided family or association of persons or body sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,— of individuals, whether incorporated or not, or every artificial juridical person referred to in (a) having a total income exceeding fifty lakh rupees but not exceeding one crore sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,— (a) having a total income exceeding fifty lakh rupees but not exceeding one crore

rupees, at the rate of ten per cent. of such income-tax; and rupees, at the rate of ten per cent. of such income-tax; and

The amount of income-tax computed in accordance with the preceding provisions of The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions of section 111A or section 112 or section 112A of the this Paragraph, or the provisions of section 111A or section 112 or section 112A of the Income-tax Act, shall be increased by a surcharge for the purposes of the Union, calculated, Income-tax Act, shall be increased by a surcharge for the purposes of the Union, calculated, in the case of every individual or Hindu undivided family or association of persons or body in the case of every individual or Hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,— sub-clause (vii) of clause (31) of section 2 of the Income-tax Act,—

(a) having a total income exceeding fifty lakh rupees but not exceeding one crore (b) having a total income exceeding one crore rupees, at the rate of fifteen (b) having a total income exceeding one crore rupees, at the rate of fifteen

(a) having a total income exceeding fifty lakh rupees but not exceeding one crore (a) having a total income exceeding fifty lakh rupees but not exceeding one crore

rupees, at the rate of ten per cent. of such income-tax; and per cent. of such income-tax: per cent. of such income-tax:

rupees, at the rate of ten per cent. of such income-tax; and rupees, at the rate of ten per cent. of such income-tax; and

(b) having a total income exceeding one crore rupees, at the rate of fifteen Provided that in the case of persons mentioned above having total income Provided that in the case of persons mentioned above having total income

(b) having a total income exceeding one crore rupees, at the rate of fifteen (b) having a total income exceeding one crore rupees, at the rate of fifteen

per cent. of such income-tax: exceeding,— exceeding,—

per cent. of such income-tax: per cent. of such income-tax:

exceeding,—

Provided that in the case of persons mentioned above having total income Provided that in the case of persons mentioned above having total income

exceeding,— exceeding,—

Provided that in the case of persons mentioned above having total income (a) fifty lakh rupees but not exceeding one crore rupees, the total amount (a) fifty lakh rupees but not exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of fifty lakh rupees by more than (a) fifty lakh rupees but not exceeding one crore rupees, the total amount amount payable as income-tax on a total income of fifty lakh rupees by more than the amount of income that exceeds fifty lakh rupees; payable as income-tax and surcharge on such income shall not exceed the total (a) fifty lakh rupees but not exceeding one crore rupees, the total amount the amount of income that exceeds fifty lakh rupees; (a) fifty lakh rupees but not exceeding one crore rupees, the total amount amount payable as income-tax on a total income of fifty lakh rupees by more than payable as income-tax and surcharge on such income shall not exceed the total (b) one crore rupees, the total amount payable as income-tax and surcharge payable as income-tax and surcharge on such income shall not exceed the total the amount of income that exceeds fifty lakh rupees; (b) one crore rupees, the total amount payable as income-tax and surcharge amount payable as income-tax on a total income of fifty lakh rupees by more than on such income shall not exceed the total amount payable as income-tax and amount payable as income-tax on a total income of fifty lakh rupees by more than on such income shall not exceed the total amount payable as income-tax and the amount of income that exceeds fifty lakh rupees; surcharge on a total income of one crore rupees by more than the amount of (b) one crore rupees, the total amount payable as income-tax and surcharge the amount of income that exceeds fifty lakh rupees; surcharge on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees. on such income shall not exceed the total amount payable as income-tax and income that exceeds one crore rupees. surcharge on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.

(b) one crore rupees, the total amount payable as income-tax and surcharge (b) one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of one crore rupees by more than the amount of surcharge on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees. income that exceeds one crore rupees.

Paragraph B

In the case of every co-operative society,—

Rates of income-tax

(1) where the total income does not 10 per cent. of the total income;

exceed Rs. 10,000

(2) where the total income exceeds Rs. 1,000 plus 20 per cent. of the amount by Rs. 10,000 but does not exceed which the total income exceeds Rs. 10,000; Rs. 20,000

(3) where the total income exceeds Rs. 3,000 plus 30 per cent. of the amount by Rs. 20,000 which the total income exceeds Rs. 20,000.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions of section 111A or section 112 or section 112A of the Income-tax Act, shall, in the case of every co-operative society, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated at the rate of twelve per cent. of such income-tax:

Provided that in the case of every co-operative society mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.

Paragraph C

In the case of every firm,—

Rate of income-tax

On the whole of the total income 30 per cent.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions of section 111A or section 112 or section 112A of the Income-tax Act, shall, in the case of every firm, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated at the rate of twelve per cent. of such income-tax:

Provided that in the case of every firm mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.

Paragraph D

In the case of every local authority,—

Rate of income-tax

On the whole of the total income 30 per cent.

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions of section 111A or section 112 or section 112A of the Income-tax Act, shall, in the case of every local authority, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated at the rate of twelve per cent. of such income-tax:

Provided that in the case of every local authority mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on suchMay 29, 2019] TaMil nadu governMenT gazeTTe 281 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.

Paragraph E

In the case of a company,—

Rates of income-tax

I. In the case of a domestic company,—

(i) where its total turnover or the 25 per cent. of the total income;

gross receipt in the previous year 2016-2017 does not exceed two hundred and fifty crore rupees

(ii) other than that referred to in 30 per cent. of the total income.

item (i)

II. In the case of a company other than a domestic company,—

(i) on so much of the total income as consists of,—

(a) royalties received from Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern after the 31st day of March, 1961 but before the 1st day of April, 1976; or

(b) fees for rendering technical services received from Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern after the 29th day of February, 1964 but before the 1st day of April, 1976,

and where such agreement has, in either 50 per cent.; case, been approved by the Central Government

(ii) on the balance, if any, of the 40 per cent.

total income

Surcharge on income-tax

The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or the provisions of section 111A or section 112 or section 112A of the Income-tax Act, shall be increased by a surcharge for the purposes of the Union calculated,—

(i) in the case of every domestic company,—

(a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of seven per cent. of such income-tax; and

(b) having a total income exceeding ten crore rupees, at the rate of twelve per cent. of such Income-tax;

(ii) in the case of every company other than a domestic company,—

(a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of two per cent. of such income-tax; and

(b) having a total income exceeding ten crore rupees, at the rate of five per cent. of such income-tax:

Provided that in the case of every company having a total income exceeding one crore rupees but not exceeding ten crore rupees, the total amount payable as income- tax and surcharge on such income shall not exceed the total amount payable as income- tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees:

Provided further that in the case of every company having a total income exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees.";

(ii) in Part III, in Paragraph E, in sub-paragraph 1, in clause (i), for the words and figures "previous year 2016-2017", the words and figures "previous year 2017-2018" shall be substituted;

(iii) in Part IV, in Rule 8,—

(A) for sub-rules (1) and (2), the following sub-rules shall be substituted, namely:—

"(1) Where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of April, 2019, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years commencing on the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018, is a loss, then, for the purposes of sub-section (2) of section 2 of this Act,—

(i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2011, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018,

(ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2012, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018,

(iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2013, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018,

(iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2014, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018,

(v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2015, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018,May 29, 2019] TaMil nadu governMenT gazeTTe 283 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 (vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2016, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2017 or the 1st day of April, 2018,

(vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2017, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2018,

(viii) the loss so computed for the previous year relevant to the assessment

year commencing on the 1st day of April, 2018,

shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of April, 2019.

(2) Where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of April, 2020, or, if by virtue of any provision of the Income-tax Act, income-tax is to be charged in respect of the income of a period other than the previous year, in such other period, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years commencing on the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019, is a loss, then, for the purposes of sub-section (10) of section 2 of this Act,—

(i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2012, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019,

(ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2013, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019,

(iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2014, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019,

(iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2015, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2016 or the 1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019,

(v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2016, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2017 or the 1st day of April, 2018 or the 1st day of April, 2019,Tamil nadu governmenT gazeTTe [Part iv—Sec. 4 284 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2017, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2018 or the 1st day of April, 2019,

(vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2018, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2019,

(viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2019,

shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of April, 2020.";

(B) for sub-rule (4), the following sub-rule shall be substituted, namely:—

"(4) Notwithstanding anything contained in this rule, no loss which has not been determined by the assessing officer under the provisions of these rules or the rules contained in the First Schedule to the Finance Act, 2011 (8 of 2011) or the First Schedule to the Finance Act, 2012 (23 of 2012) or the First Schedule to the Finance Act, 2013 (17 of 2013) or the First Schedule to the Finance (No. 2) Act, 2014 (25 of 2014) or the First Schedule to the Finance Act, 2015 (20 of 2015) or the First Schedule to the Finance Act, 2016 (28 of 2016) or the First Schedule to the Finance Act, 2017 (7 of 2017) or the First Schedule to the Finance Act, 2018 (13 of 2018) shall be set off under sub-rule (1) or, as the case may be, sub-rule (2).".

CHAPTER III

DIRECT TAXES

Income-tax

Amendment of section 16.

43 of 1961. 13 of 2018.

3. In section 16 of the Income-tax Act, 1961 (hereafter in this Chapter referred to as the Income-tax Act), in clause (ia) [as inserted by section 7 of the Finance Act, 2018], for the words "forty thousand", the words "fifty thousand" shall be substituted with effect from the 1st day of April, 2020.

4. In section 23 of the Income-tax Act, with effect from the 1st day of April, 2020,—

Amendment of section 23.

(a) in sub-section (4),—

(i) in the opening portion, for the words "one house", the words "two houses" shall be substituted;

(ii) in clause (a), for the word "one", the word "two" shall be substituted;

(iii) in clause (b), for the words "other than the house", the words "other than the house or houses" shall be substituted;

(b) in sub-section (5), for the words "one year", the words "two years" shall be substituted.

5. In section 24 of the Income-tax Act, with effect from the 1st day of April, 2020,—

Amendment of section 24.

(a) in the first proviso, after the words "the amounts of deduction", the words "or, as the case may be, the aggregate of the amount of deduction" shall be inserted;

(b) in the second proviso, after the words "the amount of deduction", the words "or, as the case may be, the aggregate of the amounts of deduction" shall be inserted;

(c) after the Explanation to the third proviso, the following proviso shall be inserted, namely:—

"Provided also that the aggregate of the amounts of deduction under the

first and second provisos shall not exceed two lakh rupees.".

6. In section 54 of the Income-tax Act, in sub-section (1), after clause (ii), the following Amendment of section 54.

provisos shall be inserted with effect from the 1st day of April, 2020, namely:—

'Provided that where the amount of the capital gain does not exceed two crore rupees, the assessee may, at his option, purchase or construct two residential houses in India, and where such option has been exercised,—

(a) the provisions of this sub-section shall have effect as if for the words "one residential house in India", the words "two residential houses in India" had been substituted;

(b) any reference in this sub-section and sub-section (2) to "new asset"

shall be construed as a reference to the two residential houses in India:

Provided further that where during any assessment year, the assessee has exercised the option referred to in the first proviso, he shall not be subsequently entitled to exercise the option for the same or any other assessment year.'.

Amendment of section 80-IBA.

7. In section 80-IBA of the Income-tax Act, in sub-section (2), in clause (a), for the figures "2019", the figures "2020" shall be substituted with effect from the 1st day of April, 2020.

8. In section 87A of the Income-tax Act, with effect from the 1st day of April, 2020,—

(a) for the words "three hundred fifty thousand", the words "five hundred

Amendment of section 87A.

thousand" shall be substituted;

(b) for the words, "two thousand and five hundred", the words "twelve thousand

and five hundred" shall be substituted.

9. In section 194A of the Income-tax Act, in sub-section (3), in clause (i), for the words

"ten thousand" wherever they occur, the words "forty thousand" shall be substituted.

Amendment of section 194A.

Amendment of section 194-I..

10. In section 194-I of the Income-tax Act, in the first proviso, for the words "one hundred and eighty thousand rupees", the words "two hundred and forty thousand rupees" shall be substituted.

CHAPTER IV

MISCELLANEOUS

PART I

AMENDMENTS TO THE INDIAN STAMP ACT, 1899

11. The provisions of this Part shall come into force on such date as the Central Commencement of this Part.

Government may, by notification in the Official Gazette, appoint.

2 of 1899.

12. In section 2 of the Indain Stamp Act, 1899 (hereafter in this Part referred to as the Amendment of section 2.

principal Act),—

(a) for clause (1), the following clauses shall be substituted, namely:—

'(1) "allotment list" means a list containing details of allotment of the securities intimated by the issuer to the depository under sub-section (2) of section 8 of the Depositories, Act, 1996;

22 of 1996.

(1A) "banker" includes a bank and any person acting as a banker;';

(b) in clause (5), the following long line shall be added at the end, namely:—

"but does not include a debenture;";

(c) after clause (7), the following clauses shall be inserted, namely:—

'(7A) "clearance list" means a list of transactions of sale and purchase relating to contracts traded on the stock exchanges submitted to a clearingTamil nadu governmenT gazeTTe [Part iv—Sec. 4 286 1 0 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— corporation in accordance with the law for the time being in force in this behalf;

(7B) "clearing corporation" means an entity established to undertake the activity of clearing and settlement of transactions in securities or other instruments and includes a clearing house of a recognised stock exchange;';

(d) after clause (10), the following clauses shall be inserted, namely:—

'(10A) "debenture" includes—

(i) debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not;

(ii) bonds in the nature of debenture issued by any incorporated

company or body corporate;

(iii) certificate of deposit, commercial usance bill, commercial paper and such other debt instrument of original or initial maturity upto one year as the Reserve Bank of India may specify from time to time;

(iv) securitised debt instruments; and

(v) any other debt instuments specified by the Securities and

Exchange Board of India from time to time;

(10B) "depository" includes—

(a) a depository as defined in clause (e) of sub-section (1) of section 2 of

the Depositories Act, 1996; and

22 of 1996.

(b) any other entity declared by the Central Government, by notification in

the Official Gazette, to be a depository for the purposes of this Act;';

21 of 2000.

(e) in clause (12), the words and figures "and includes attribution of electronic record within the meaning of section 11 of the Information Technology Act, 2000" shall be inserted at the end.

(f) for clause (14), the following clause shall be substituted, namely:—

'(14) "instrument" includes—

(a) every document, by which any right or liability is, or purports to

be, created, transferred, limited, extended, extinguished or recorded;

(b) a document, electronic or otherwise, created for a transaction in a stock exchange or depository by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded; and

(c) any other document mentioned in Schedule I,

but does not include such instruments as may be specified by the Government, by notification in the Official Gazette;';

(g) after clause (15), the following clause shall be inserted, namely:—

'(15A) "issuer" means any person making an issue of securities;';

(h) for clause (16A), the following clauses shall be substituted, namely:—

'(16A) "marketable security" means a security capable of being traded in

any stock exchange in India;

(16B) "market value", in relation to an instrument through which—

(a) any security is traded in a stock exchange, means the price at

which it is so traded;

(b) any security which is transferred through a depository but not traded in the stock exchange, means the price or the consideration mentioned in such instrument;

(c) any security is dealt otherwise than in the stock exchange or depository, means the price or consideration mentioned in such instrument;';

(i) after clause (23), the following clause shall be inserted, namely:—

'(23A) "securities" includes—

(i) securities as defined in clause (h) of section 2 of the Securities 42 of 1956.

Contracts (Regulation) Act, 1956;

(ii) a "derivative" as defined in clause (a) of section 45U of the 2 of 1934.

Reserve Bank of India Act, 1934;

(iii) a certificate of deposit, commercial usance bill, commercial paper, repo on corporate bonds and such other debt instrument of original or initial maturity upto one year as the Reserve Bank of India may specify from time to time; and

(iv) any other instrument declared by the Central Government, by notification in the Official Gazette, to be securities for the purposes of this Act;';

(j) after clause (26), the following clause shall be inserted, namely:—

'(27) "stock exchange" includes—

(i) a recognised stock exchange as defined in clause (f) of section 2 42 of 1956.

of the Securities Contracts (Regulation) Act, 1956; and

(ii) such other platform for trading or reporting a deal in securities, as may be specified by the Central Government, by notification in the Official Gazette, for the purposes of this Act.'.

13. In section 4 of the principal Act, after sub-section (2), the following sub-section Amendment of section 4.

shall be inserted, namely:—

"(3) Notwithstanding anything contained in sub-sections (1) and (2), in the case of any issue, sale or transfer of securities, the instrument on which stamp-duty is chargeable under section 9A shall be the principal instrument for the purpose of this section and no stamp-duty shall be charged on any other instruments relating to any such transaction.".

14. For section 8A of the principal Act, the following section shall be substituted, namely:—

Substitution of new section for section 8A.

'8A. Notwithstanding anything contained in this Act or any other law for the time being in force,—

Securities dealt in depository not liable to stamp-duty.

(a) an issuer, by the issue of securities to one or more depositories, shall, in respect of such issue, be chargeable with duty on the total amount of securities issued by it and such securities need not be stamped;

(b) the transfer of registered ownership of securities from a person to a depository or from a depository to a beneficial owner shall not be liable to duty.

22 of 1996.

Explanation.—For the purposes of this section, the expression "beneficial ownership" shall have the same meaning as assigned to it in clause (a) of sub-section (1) of section 2 of the Depositories Act, 1996.'.

15. In Chapter II of the principal Act, after Part A relating to 'Of the liability of instruments Insertion of new Part AA.

to duty', the following Part shall be inserted, namely:—

'AA.—Of the liability of instruments of transaction in stock exchanges and

depositories to duty

9A. (1) Notwithstanding anything contained in this Act,—

Instruments chargeable with duty for transactions in stock exchanges and depositories.

(a) when the sale of any securities, whether delivery based or otherwise, is made through a stock exchange, the stamp-duty on each such sale in the clearance list shall be collected on behalf of the State Government by the stock exchange or a clearing corporation authorised by it, from its buyer on the market value of such securities at the time of settlement of transactions in securities of such buyer, in such manner as the Central Government may, by rules, provide;

(b) when any transfer of securities for a consideration, whether delivery based or otherwise, is made by a depository otherwise than on the basis of any transaction referred to in clause (a), the stamp-duty on such transfer shall be collected on behalf of the State Government by the depository from the transferor of such securities on the consideration amount specified therein, in such manner as the Central Government may, by rules, provide;

(c) when pursuant to issue of securities, any creation or change in the records of a depository is made, the stamp-duty on the allotment list shall be collected on behalf of the State Government by the depository from the issuer of securities on the total market value of the securities as contained in such list, in such manner as the Central Government may, by rules, provide.

(2) Notwithstanding anything contained in this Act, the instruments referred to in sub-section (1) shall be chargeable with duty as provided therein at the rate specified in Schedule I and such instruments need not be stamped.

(3) From the date of commencement of this Part, no stamp-duty shall be charged or collected by the State Government on any note or memorandum or any other document, electronic or otherwise, associated with the transactions mentioned in sub-section (1).

(4) The stock exchange or a clearing corporation authorised by it or the depository, as the case may be, shall, within three weeks of the end of each month and in accordance with the rules made in this behalf by the Central Government, in consultation with the State Government, transfer the stamp-duty collected under this section to the State Government where the residence of the buyer is located and in case the buyer is located outside India, to the State Government having the registered office of the trading member or broker of such buyer and in case where there is no such trading member of the buyer, to the State Government having the registered office of the participant:

Provided that before such transfer, the stock exchange or the clearing corporation authorised by it or the depository shall be entitled to deduct such percentage of stamp-duty towards facilitation charges as may be specified in such rules.

Explanation.—The term "participant" shall have the same meaning as

22 of 1996.

assigned to it in clause (g) of section 2 of the Depositories Act, 1996.

(5) Every stock exchange or the clearing corporation authorised by it and depository shall submit to the Government details of the transactions referred to in sub-section (1) in such manner as the Central Government may, by rules, provide.

9B. Notwithstanding anything contained in this Act,—

(a) when any issue of securities is made by an issuer otherwise than through a stock exchange or depository, the stamp-duty on each such issue shall be payable by the issuer, at the place where its registered office is located, on the total market value of the securities so issued at the rate specified in Schedule I;

Instruments chargeable with duty for transactions otherwise than through stock exchanges and depositories.

(b) when any sale or transfer or reissue of securities for consideration is made otherwise than through a stock exchange or depository, the stamp- duty on each such sale or transfer or reissue shall be payable by the seller or transferor or issuer, as the case may be, on the consideration amount specified in such instrument at the rate specified in Schedule I.'.

16. In section 21 of the principal Act,—

Amendment of section 21.

(a) for the words "the value of such stock or security according to the average price or the value thereof on the day of the date of the instrument.", the words "the market value of such stock or security:" shall be substituted;

(b) the following proviso shall be inserted, namely:—

"Provided that the market value for calculating the stamp-duty shall be, in

the case of—

(i) options in any securities, the premium paid by the buyer;

(ii) repo on corporate bonds, interest paid by the borrower; and

(iii) swap, only the first leg of the cash flow.".

17. In section 29 of the principal Act,—

Amendment of section 29.

(i) in clause (a),—

(a) the words, figures and brackets "No. 27 (Debenture)" shall be omitted;

(b) the words, figures, brackets and letter "No. 62 (a) (Transfer of shares in

an incorporated Company or other body corporate)" shall be omitted;

(c) the words, figures, brackets and letter "No. 62 (b) (Transfer of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8)" shall be omitted;

(ii) in clause (e), after the word "exchange", the words "including swap" shall be

inserted;

(iii) in clause (f), the word "and" shall be omitted;

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

"(h) in the case of sale of security through stock exchange, by the buyer of

such security;

(i) in the case of sale of security otherwise than through a stock exchange,

by the seller of such security;

(j) in the case of transfer of security through a depository, by the transferor

of such security;

(k) in the case of transfer of security otherwise than through a stock

exchange or depositiory, by the transferor of such security;

(l) in the case of issue of security, whether through a stock exchange or a

depository or otherwise, by the issuer of such security; and

(m) in the case of any other instrument not specified herein, by the person

making, drawing or executing such instrument.".

18. After section 62 of the principal Act, the following section shall be inserted, namely:—

Insertion of new section 62A.

"62A. (1) Any person who,—

(a) being required under sub-section (1) of section 9A to collect duty, fails to collect the same; or

Penalty for failure to comply with provisions of section 9A.

(b) being required under sub-section (4) of section 9A to transfer the duty to the State Government within fifteen days of the expiry of the time specified therein, fails to transfer within such time,

shall be punishable with fine which shall not be less than one lakh rupees, but which may extend upto one per cent. of the collection or transfer so defaulted.

(2) Any person who,—

(a) being required under sub-section (5) of section 9A to submit details of transactions to the Government, fails to submit the same; or

(b) submits a document or makes a declaration which is false or which such person knows or believes to be false,

shall be punishable with fine of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less.".

19. After section 73 of the principal Act, the following section shall be inserted, namely:—

Insertion of new section 73A.

"73A. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of Part AA of Chapter II.

Power of Central Government to make rules.

(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the following matters, namely:—

(a) the manner of collection of stamp-duty on behalf of the State Government by the stock exchange or the clearing corporation authorised by it, from its buyer under clause (a) of sub-section (1) of section 9A;

(b) the manner of collection of stamp-duty on behalf of the State Government by the depository from the transferor under clause (b) of sub-section (1) of section 9A;

(c) the manner of collection of stamp-duty on behalf of the State Government by the depository from the issuer under clause (c) of sub-section (1) of section 9A;

(d) the manner of transfer of stamp-duty to the State Government under sub-section (4) of section 9A;

(e) any other matter which has to be, or may be, provided by rules.".

20. In section 76 of the principal Act, after sub-section (2), the following sub-section Amendment of section 76. shall be inserted, namely:—

"(2A) Every rule made by the Central Government 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.".

21. In Schedule I of the principal Act,—

Amendment of Schedule I. (i) in Article 19, in column (1),—

(a) after the words "CERTIFICATE OR OTHER DOCUMENT", the brackets, words, figures and letter "(except the certificate or other document covered under Articles 27 and 56A)" shall be inserted;

(b) the words, brackets and figures "See also LETTER OF ALLOTMENT

OF SHARES (No. 36)" shall be omitted;

(ii) for Article 27 and the entries relating thereto, the following Article and entries

shall be subsitituted, namely:—

(1)

(2)

"27. DEBENTURE—[as defined by section 2 (10A)]

(see sections 9A and 9B)

(a) in case of issue of debenture;

0.005%

(b) in case of transfer and re-issue of debenture. 0.0001%";

(iii) in Article 28, for the entry in column (1), after the words "DELIVERY ORDER IN RESPECT OF GOODS,", the brackets and words "(excluding delivery order in respect of settlement of transactions in securities in stock exchange)" shall be inserted;

(iv) in Article 36, for the entry in column (1), the following entry shall be

substituted, namely:—

"36. LETTER OF ALLOTMENT in respect of any loan to be raised by any

company or proposed company.";

(v) after Article 56 and the entry relating thereto, the following Article and entries

shall be inserted, namely:—

(1)

(2)

"56A. SECURITY OTHER THAN DEBENTURES

(see sections 9A and 9B)—

(a) issue of security other than debenture; 0.005%

(b) transfer of security other than debenture on delivery basis; 0.015%

(c) transfer of security other than debenture on non-delivery basis; 0.003%

(d) derivatives—

(i) futures (equity and commodity) 0.002%

(ii) options (equity and commodity) 0.003%

(iii) currency and interest rate derivatives 0.0001%

(iv) other derivatives

0.002%

(e) Government securities

0%

(f) repo on corporate bonds

0.00001%";

(vi) in Article 62, items (a) and (b) and the entries relating thereto shall be omitted.

PART II

AMENDMENT TO THE PREVENTION OF MONEY-LAUNDERING ACT, 2002

22. In section 8 of the Prevention of Money-laundering Act, 2002, in sub-section (3), with effect from such date as the Central Government may, by notification in the Official Gazette, appoint,—

Amendment of section 8 of Act 15 of 2003.

(i) in clause (a), for the words "ninety days", the words "three hundred and

sixty-five days" shall be substituted;

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

"Explanation.—For the purposes of computing the period of three hundred and sixty-five days under clause (a), the period during which the investigation is stayed by any court under any law for the time being in force shall be excluded.".

Dr. G. Narayana Raju,

Secretary to the Government of India.

————

(Re-published by Order of the Governor)

k. RaVikUmaR ,

Additional Secretary to the Government,

Law Department.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

Digitally signed by BANSHI DHAR DUBEY Date: 2019.02.22 12:33:48 +05'30'

BANSHI DHAR DUBEY PRiNTeD aND PUbLiSheD by The DiRecTOR OF STaTiONeR y aND PRiNTiNG , cheNNai ON behaLF OF The GOVeRNmeNT OF TamiL NaDU

MGIPMRND—3954GI—21.02.2019.