Panaji, 4th April, 2019 (Chaitra 14, 1941)

SERIES I No. 1

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

NOTE

There are two Extraordinary issues to Official Gazette, Series I No. 52 dated 28-3-2019, as follows:–

(1) Extraordinary dated 29-3-2019 from pages 3481 to 3510, Notifications from Department of Finance (Revenue and

Control Division) regarding the Goa Goods and Services Tax.

(2) Extraordinary (No. 2) dated 1-4-2019 from pages 3511 to 3528 Notification No. 38/1/2017-Fin(R&C)(98)/2647 from

Department of Finance(R&C) regarding Goa GST (Second Amendment) Rules, 2019.

INDEX

Department

Notification/Order/Corri.

Subject

Pages

1. Labour

Corri.- 24/43/2018-LAB/240

—

Under Secretary

2.a. Law & Judiciary

Not.- 10/6/2018-LA-32

The Constitution (One Hundred and Second

Joint Secretary

Amendment) Act, 2018.

b. —do—

Not.- 10/6/2018-LA-33

The Requisitioning and Acquisition of Immovable 16

(Amendment) Act, 2018.

c. —do—

Not.- 10/6/2018-LA-55

The Specific Relief (Amendment) Act, 2018.

3. Public Health

Not.- 23/20/2014-I/PHD/861

Giving effect to the Goa Public Health

Under Secretary

(Amendment) Act, 2019.

GOVERNMENT OF GOA

Department of Labour

—

Corrigendum

24/43/2018-LAB/240

Read:- Order No. 24/43/2018-LAB/98 dated

28-01-2019.

In partial modification of the Order No. 24/

/43/2018-LAB/98 dated 28-01-2019, published

in the Official Gazette of the Government

of Goa, for the Department of Labour &

Employment, the following changing are to be

read as stated:

1. Paragraph 5 to now read as:

“Now therefore, all the employers,

contractors, users and other concerned

persons are hereby directed to use format

annexed as Annexure A for filing the return

in respect of Acts and Rules shown in

Annexure B via online system only”.

2. Previous Annexure A to be replaced with

the updated Annexure A as enclosed.

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SERIES I No. 1

4TH APRIL, 2019

3. Annexure B to include the following:

Sr. No.

Acts and Rules Single Integrated/Consolidated Return Maintenance of Registers in Electronic Format

The Employees State Insurance Act, 1948

Not Applicable

The Building and Other Construction

Not Applicable presently (The Department shall

Not Applicable

Workers Welfare Cess Act, 1996

notify when form has been finalized and included

in the online filing system.)

By order and in the name of the Governor of Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 29th March, 2019.

—————

ANNEXURE A

INTEGRATED/CONSOLIDATED RETURNS

(I) Returns for the year: ................

General Part:

(1)

Name and address of the Establishment/Factory/Motor Transport Undertaking:

(2)

Telephone No:

Fax No:

Mobile No:

Email ID:

(3)

Category of Establishment:

(4)

Factory Identification Number:

(5)

Name and Address of the Employer/Principal Employer/Contractor:

(6)

Name and Address of the manager or person responsible for the supervision and control of the Establishment:

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B. Employers Registration/License number under the Acts mentioned in Column (5) of the table below:–

Sr. No.

Name of the Act

Registration

If Yes (Regsitration/Licence No.)

Goa, Daman and Diu Shops and Establishment Act,

1973 and the Rules, 1975

Minimum Wages Act, 1948 and the Rules, 1975

Payment of Wages Act, 1936 and the Rules, 1964

Payment of Bonus Act, 1965 and the Rules, 1965

Contract Labour (Regulation & Abolition) Act, 1970

and the Rules, 1972.

Inter-State Migrant Workmen (Regulation of

Employment and Condition of Service) Act, 1979 and the Rules, 1982

Building and other Construction Workers (Regulation

of Employment & Conditions of Service) Act, 1996

and the Rules, 2008

Motor Transport Workers Act, 1961 and the Rules, 1966

Maternity Benefit Act, 1961 and the Rules, 1967

10.

Industrial Disputes Act, 1947 and the Rules, 1957

C. Details of Workmen Employed:

1. Normal Working Hours: From________ to:________

2. Rest Interval Hours: From___________ to:________

3. Day of weekly holiday (Tick ✓

): (Monday/Tuesday/Wednesday/Thursday/Friday/Saturday/Sunday).

Direct Contract Contract

Inter-

BOCWA

Male

Female

Adolescent Total

(Roll of

(Through

State

Establishment) contractor)

1. Total Number of

days worked

during the year

2. Total Number of

Man-days

worked during

the year

3. Maximum number of

workers employed in

any day during the

year

4. Average number of

workers employed

daily

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5. Number of workers

entitled for

annual leave

6. Number of works

who were granted

annual leave

D. Wages paid during the year (Category Wise):

Category

Rates of

Number of Workers Employed

Wages

Regular/Direct Workers

Contract

Male

Female

Adolescent

Total

Male

Female

Adolescent Total

Highly

Skilled

Clerical

Semi-skilled

Un-skilled

Total

E. Details of Wage Payments:

Gross Wages Paid

Deductions

Net Wages Paid

Overtime

Any other

Total

Fines

Deductions

Other

Total

In cash

Total

cash

Bank

emoluments

for damage

deductions

Bank

paid

or loss

(if, any)

F. Details of Various Welfare Amenities provided to workers under the statutory scheme:

Sr.

Details of Welfare Amenities

If Yes

If Not

Number of

Standards

No.

provide (If the answer is “Yes”

Provided

Workers

Provided

state briefly standards provided)

(Tick ✓)

(Tick x )

Casual Leave Granted

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Leave with wages or

paid in lieu of leave

Canteen Facility

Rest Rooms

Drinking Water

Creches

First Aid

Ambulance Facility

Residential Accommodation

10.

Toilet

11.

Clothing

12.

Safety Measures/Equipments/

/Personnel Protective’s

13.

Any other facility provided

(Please specify)

(II)

A. Contract Labour (Regulation & Abolition) Act, 1970 and the Rules, 1972

Nature of work on which contract labour

was employed

Duration of contract (specify period From & To)

Rate of overtime wages.

Number of man hours of overtime worked during

the year

Amount of Security Deposits made by the

contractors (give contract-wise)

Amount of security deposit forfeited together

with the names of contractor if any.

Whether there is any change in the management

of the establishment, its location, or any other

particulars furnished to registering officer, in the

form of Application for Registration at the time of

Registration, if so, from what date.

B. The Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979 and the Rules, 1982.

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SERIES I No. 1

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Sr. No.

Particulars

Specify Details

Male

Female

Adolescent

Total

Nature of work/operations on which

Migrant Workmen was employed

Duration of contract (specify period From & To)

Number of contractors who worked in

the establishment during the year

Number of man-hours of overtime worked

Amount of deductions from wages if any

Amount of displacement allowance paid

Amount of outwards journey

allowance paid

Amount of wages for outward

journeys period paid

Amount of return journeys

allowance paid

10. Amount of wages for return

journeys period paid

11. Whether there is any change in

the management of the

establishment, its location, or any

other particulars furnished to

registering officer, in the form of

Application for Registration at the

time of Registration, if so, from

what date.

C. The Building and other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 and the Rules, 2008.

Nature of building and other construction work carried on

Number of building workers ordinarily employed.

The number of accident that took place during the year as under:

(i) The total number of accidents.

(ii) The number of accidents resulting in disablement.

of building workers for less than 48 hours, the number of

building workers involved and the number of man-days lost

(iii) The number of accidents resulting in disablement of building

workers beyond 48 hours, but not resulting in any permanent

partial or permanent total disablement, the number of building

workers involved, and the number of man-days lost on account

of such accidents.

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(iv)

The number of accidents resulting in permanent

partial or total disablement the number of building

workers involved and the number, of man-days

lost on account of such accidents.

(v)

The number of accidents resulting in deaths of

building workers and the number of resultant

death.

Change, if any in the management of the

establishment, its location, or any other particular

furnished to the Registering officer in the

application for Registration indicating also the dates.

D. Payment of Bonus Act, 1965 and the Rules, 1975

Sr. No.

Details

If Yes Provided (Tick ✓)

If Not Provided (Tick x)

Specify Details

Number of employees benefited by bonus

Payments

Total amount payable as bonus (fig. in Rs.)

Rs.

Settlement if any, reached

Percentage of bonus declared to be paid

Total amount of bonus actually paid

Rs.

Date on which payment made

Whether bonus has been paid to all the

employees, if not, reasons for non-payment

Remarks

E. Maternity Benefit Act, 1961 and the Rules, 1967

Sr. No.

Details

If Yes Provided (Tick ✓)

If Not Provided (Tick x)

Specify Details

A. 1.

Date of opening of establishment

Date of Closing, if Closed

Name of the Medical Officer

Qualification of the Medical Officer

Is he a resident at

If a part-time employee, how often does

he pay visit to the establishment?

Is there any hospital

If so, how many beds are provided for

women employees?

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Is there a lady doctor?

10.

If so, what are her qualification?

11.

Is there a qualified midwife?

12.

Has any creche been provide?

Employment, dismissal, payment of

bonus, etc. for women

Name of the Employment

Aggregate number of women

permanently or temporarily employed

during the year

Number of women who worked for a

period of not less than one hundred and

sixty days in the twelve months

immediately preceding the date of delivery.

Number of women who gave notice

under section 6

Number of women who were granted

permission to absent on receipt of notice

of confinement

Number of claims for maternity benefit paid

Number of claims for maternity benefit

rejected

Number of cases where prenatal confinement

and postnatal care was provided by the

management free of charge (section 8)

Number of claims for medical bonus

Paid (section 8)

10.

Number of claims for medical bonus

rejected.

11.

Number of cases in which leave for

miscarriage was granted.

12.

Number of cases in which leave for

miscarriage was applied for but was

rejected.

13.

Number of cases in which leave for

tubectomy operation under Section 9-A

was granted.

14.

Number of cases in which leave for

tubectomy operation was applied for but

was rejected.

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15.

Number of cases in which additional

leave for illness under section 10 was

granted.

16.

Number of cases in which additional

leave for illness under section 10 was

applied for but was rejected.

17.

Number of women who died

(a) Before delivery

(b) After delivery

18.

Number of cases in which payment was

made to persons other than the women

concerned.

19.

Number of women discharged or

dismissed while working

20.

Number of women deprived of maternity

benefit and/or medical bonus under

proviso to sub-section (2) of section 12.

21.

Number of cases in which payment was

made on the order of the Competent

Authority or Inspector.

Details of payment

Name of the person to whom paid

Amount paid

Date of payment

Woman employee

Nominee of the woman

Legal representative of the woman

Amount for the period preceding date of

expected delivery

Amount for the subsequent period

Under section 8 of the Act

10.

Under section 9 of the Act

11.

Under section 9-A of the Act

12.

Under section 10 of the Act

13.

Number of women workers who

absconded after receiving the first

installment of maternity benefit

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14.

Cases where claims were contested in a

court of law

15.

Results of such cases

Prosecution for the year

Total number of prosecutions for the

year

Place of employment of the woman

employee

Number of cases instituted

Number of cases which resulted in

conviction

Remarks, if any please specify details

F. Industrial Disputes Act, 1947 and the (Central) Rules, 1957

Sr. No. Details

If Yes

If Not

Specify Details

Provided

(Tick ✓)

(Tick x)

A. 1

Names of Union, if any?

Affiliations of the union(s) to the

Central Organization of workers

If the works committee has been

functioning

(a) Date of its constitution

(b) Number of workmen’s

representative (elected members).

representative (nominated members)

(d) Number of meetings held during

the year with dates.

If the Works Committee had not

been functioning, the difficulties

encountered in its constitution/

functioning.

Number of workers

(a) Discharge

(b) Dismissed

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(d) Terminated/Removed

Man-days lost during the year on

account of:

Strike

(a) No. of man-days lost:

(b) Loss in term of money:

Lockout

(a) No. of man-days lost:

(b) Loss in term of money:

Fatal Accidents:

(a) No. of man-days lost:

(b) Loss in term of money:

Non-Fatal accidents/serious accidents in Mines:

(a) No. of man-days lost:

(b) Loss in term of money:

G. Motor Transport Workers Act, 1961 and the Rules, 1966

Sr. No.

Details

Adults

Adolescents

Total

Specify Details

The number of workers exempted

from the provisions of sections

Number of workers who are entitled

to annual leave with wages during

the calendar year to which this return

relates.

Number of workers who were granted

leave during the year.

Number of workers discharge or

dismissed from service during the

year.

Number of discharged workers paid

wages in lieu of leave

Total amount of wages paid in lieu of

leave

Number of workers exempted from

section 19

Number of workers who received

holidays in the

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(a) Same month

(b) Following month

Number of dispensaries and situations

10.

Number of doctors

11.

Number of nurses

12.

Approximately average daily

attendance of workers

H. Details of contribution to Labour Welfare Fund

No. of Employees

Contribution paid to Labour Welfare Board (Rs.)

Unpaid

Amount

Employees Contribution

Employer Contribution

Total Contribution

(if any)

Half Yearly

(1)

(2) (3) (4) (5)

DECLARATION

This is to certify that the above information is true and correct and also I certify that I have complied with all the provisions of Labour Laws

applicable to my establishment.

Place:________, North/South, Goa.

Digital Signature of the Employer/Manager:

Date: / /

Name of the Signatory:

Time: : hrs/am/pm.

Designation in the Establishment:

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Additional Fields to be added to Annexure A

Details of workmen employed:—

1. Whether weekly holiday was paid for?–––––––––––

Goa, Daman and Diu Shops and Establishment Act, 1973

Additional details as applicable under this Act:

Emoluments Paid in Money Value of

Ex-gratia Cash Payment,

Contributions by Employer to

No. of Unpaid Helpers

cash before Deduction

Concession in kind Adhoc Payement, Bonus, etc.

Social Security Funds

Payment of Wages Act, 1936 and Minimum Wages Act, 1948

Additional details as applicable under these Acts:

Disbursement from the fine fund

Disbursment from the Fine Fund

Purpose

Amount

(a)

(b)

(c)

(d)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

4TH APRIL, 2019

ANNEXURE B

Sr.

Acts and Rules

Single Integrated/

Maintenance of

No.

/Consolidated Return

Electronic Format

The Goa, Daman and Diu Shops and

Applicable

Establishment Act, 1973 and the Rules,

1975

The Minimum Wages Act, 1948 and the

Applicable

Rules, 1975

The Payment of Wages Act, 1936 and

Applicable

the Rules, 1964

The Payment of Bonus Act, 1965, and

Applicable

the Rules, 1975

The Contract Labour (Regulation and

Applicable

Abolition) Act, 1970 and the Rules, 1972

The Inter-State Migrant Workmen

Applicable

(Regulation of Employment and

Condition of Service) Act, 1979 and the

Rules, 1982

The Building and Other Construction

Applicable

Workers (Regulation of Employment

and Condition of Service) Act, 1996 and

the Rules, 2008

The Motor Transport Workers Act, 1961

Applicable

and the Rules, 1966

The Maternity Benefit Act, 1961 and the

Applicable

Rules, 1967

10.

The Industrial Disputes Act, 1947 and

Applicable

Not Applicable

the Rules, 1957

11.

The Child & Adolescent Labour

Not Applicable

Applicable

(Prohibition and Regulation) Act, 1986

and the Rules, 1994

12.

The Equal Remuneration Act, 1976 and

Not Applicable

Applicable

the Rules, 1976

13.

The Payment of Gratuity, 1972 and the

Not Applicable

Applicable

Rules, 1973

14.

The Working Journalist and Other

Not Applicable

Applicable

Newspaper Employees (Condition of

Services) and Miscellaneous Provisions

Act, 1955 and the Rules, 1957

15.

The Employees State Insurance Acts 1948

Not Applicable

16.

The Building and Other Construction

Not Applicable presently (the

Not Applicable

Workers Welfare Cess Act, 1996

Department shall notify

when form has been

finalised and included

in the online filing

system)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

4TH APRIL, 2019

Department of Law & Judiciary

Legal Affairs Division

—

Notification

10/6/2018-LA-32

The Constitution (One Hundred and Second

Amendment) Act, 2018 which has been

passed by Parliament and assented to by the

President on 11-08-2018 and published in the

Gazette of India, Extraordinary, Part II, Section

1, dated 11-08-2018, is hereby published for

the general information of the public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 29th January, 2019.

————

THE CONSTITUTION (ONE HUNDRED AND

SECOND AMENDMENT) ACT, 2018

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. Short title and commencement.— (1) This

Act may be called the Constitution (One

Hundred and Second Amendment) Act, 2018.

(2) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint.

2. Amendment of article 338.— In article 338

of the Constitution, in clause (10), the words,

brackets and figures “to such other backward

classes as the President may, on receipt of the

report of a Commission appointed under

clause (1) of article 340, by order specify and

also” shall be omitted.

3. Insertion of new article 338B.— After

article 338A of the Constitution, the following

article shall be inserted, namely:—

“338B. (1) National Commission for

Backward Classes.— There shall be a

Commission

for

the

socially

and

educationally backward classes to be

known as the National Commission for

Backward Classes.

(2) Subject to the provisions of any law

made in this behalf by Parliament, the

Commission shall consist of a Chairperson,

Vice-Chairperson and three other Members

and the conditions of service and tenure of

office of the Chairperson, Vice-Chairperson

and other Members so appointed shall be

such as the President may by rule

determine.

(3) The Chairperson, Vice-Chairperson

and other Members of the Commission shall

be appointed by the President by warrant

under his hand and seal.

(4) The Commission shall have the power

to regulate its own procedure.

(5) It shall be the duty of the

Commission—

(a) to investigate and monitor all

matters relating to the safeguards

provided

for

the

socially

and

educationally backward classes under

this Constitution or under any other law

for the time being in force or under any

order of the Government and to evaluate

the working of such safeguards;

(b) to inquire into specific complaints

with respect to the deprivation of rights

and safeguards of the socially and

educationally backward classes;

socio-economic development of the

socially and educationally backward

classes and to evaluate the progress of

their development under the Union and

any State;

(d) to present to the President, annually

and at such other times as the

Commission may deem fit, reports upon

the working of those safeguards;

(e) to make in such reports the

recommendations as to the measures that

should be taken by the Union or any State

for the effective implementation of those

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

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safeguards and other measures for the

protection, welfare and socio-economic

development of the socially and

educationally backward classes; and

(f) to discharge such other functions in

relation to the protection, welfare and

development and advancement of the

socially and educationally backward

classes as the President may, subject to

the provisions of any law made by

Parliament, by rule specify.

(6) The President shall cause all such

reports to be laid before each House of

Parliament along with a memorandum

explaining the action taken or proposed to be

taken on the recommendations relating to the

Union and the reasons for the non-acceptance,

if any, of any of such recommendations.

(7) Where any such report, or any part

thereof, relates to any matter with which any

State Government is concerned, a copy of

such report shall be forwarded to the State

Government which shall cause it to be laid

before the Legislature of the State along

with a memorandum explaining the action

taken or proposed to be taken on the

recommendations relating to the State and the

reasons for the non-acceptance, if any, of any

of such recommendations.

(8)

The

Commission

shall,

while

investigating any matter referred to in sub-

clause (a) or inquiring into any complaint

referred to in sub-clause (b) of clause (5), have

all the powers of a civil court trying a suit and

in particular in respect of the following

matters, namely:—

(a) summoning and enforcing the

attendance of any person from any part of

India and examining him on oath;

(b) requiring the discovery and

production of any document;

(d) requisitioning any public record or

copy thereof from any court or office;

(e) issuing commissions for the

examination of witnesses and documents;

(f) any other matter which the President

may, by rule, determine.

(9) The Union and every State Government

shall consult the Commission on all major

policy matters affecting the socially and

educationally backward classes.”.

4. Insertion of new article 342 A.— After

article 342 of the Constitution, the following

article shall be inserted, namely:—

“342A. Socially and educationally

backward classes.— (1) The President may

with respect to any State or Union territory,

and where it is a State, after consultation

with the Governor thereof, by public

notification, specify the socially and

educationally backward classes which shall

for the purposes of this Constitution be

deemed to be socially and educationally

backward classes in relation to that State

or Union territory, as the case may be.

(2) Parliament may by law include in or

exclude from the Central List of socially and

educationally backward classes specified in

a notification issued under clause (1) any

socially and educationally backward class,

but save as aforesaid a notification issued

under the said clause shall not be varied by

any subsequent notification.”.

5. Amendment of article 366.— In article 366

of the Constitution, after clause (26B), the

following clause shall be inserted, namely:—

‘(26C) “socially and educationally

backward classes” means such backward

classes as are so deemed under article 342A

for the purposes of this Constitution;’.

_____

Notification

10/6/2018-LA-33

The Requisitioning and Acquisition of

Immovable Property (Amendment) Act, 2018

(Central Act No. 21 of 2018), which has been

passed by Parliament and assented to by the

President on 09-08-2018 and published in the

Gazette of India, Extraordinary, Part II, Section

1, dated 09-08-2018, is hereby published for

the general information of the public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 29th January, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 1

4TH APRIL, 2019

THE REQUISITIONING AND ACQUISITION OF

IMMOVABLE PROPERTY (AMENDMENT)

ACT, 2018

ACT

further to amend the Requisitioning and

Acquisition of Immovable Property Act,

1952.

Be it enacted by Parliament in the Sixty-

-ninth Year of the Republic of India as

follows:—

1. Short title and commencement.— (1) This

Act may be called the Requisitioning

and Acquisition of Immovable Property

(Amendment) Act, 2018.

(2) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint.

2. Amendment of section 7.— In

the Requisitioning and Acquisition of

Immovable Property Act, 1952, in

section 7, after sub-section (1), the

following sub-section shall be

inserted and shall be deemed to have

been inserted with effect from the

14th March, 1952, namely:—

“(1A) Notwithstanding any judgment or

order by a court or any other authority,

setting aside a notice under sub-section (1)

on the ground that the owner or any other

person who may be interested in the

property was not given adequate

opportunity to show cause or personal

hearing, the Central Government may re-

issue the notice to the owner or such other

person interested in the property, for the

purpose of giving opportunity of being

heard:

Provided that where a notice is

re-issued, the owner or such other

person interested in the property

shall be entitled to the same

annual rate of interest, prevalent

at any relevant time on the

domestic fixed deposit offered by

the State Bank of India, as defined

under clause (g) of section 2 of the

State Bank of India Act, 1955, on

the compensation payable under

this Act, from the date of

publication of the first notice, till

the

final

payment

the

compensation under this Act:

Provided further that any enhanced

compensation with or without interest

awarded by the court or other authority,

before the date of commencement of

the Requisitioning and Acquisition of

Immovable Property (Amendment) Act,

2018, shall be subject to the re-issuance of

a notice under this sub-section and shall be

applicable only to the cases of land being

acquired for national security and defence

purpose:

Provided also that in the cases, where the

final award under this Act has been made

and compensation thereof has been

accepted by the owner or such other person

interested in the property, before the

commencement of the Requisitioning and

Acquisition of the Immovable Property

(Amendment) Act, 2018, shall not be

reopened.”.

_____

Notification

10/6/2018-LA-55

The Specific Relief (Amendment) Act, 2018

(Central Act No. 18 of 2018), which has been

passed by Parliament and assented to by the

President on 01-08-2018 and published in the

Gazette of India, Extraordinary, Part II,

Section 1, dated 01-08-2018, is hereby

published for the general information of the

public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 29th January, 2019.

————

THE SPECIFIC RELIEF (AMENDMENT)

ACT, 2018

ACT

30 of 1952.

23 of 1955.

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4TH APRIL, 2019

further to amend the Specific Relief Act, 1963.

Be it enacted by Parliament in the Sixty-

-ninth Year of the Republic of India as

follows:—

1. Short title and commencement.— (1) This

Act may be called the Specific Relief

(Amendment) Act, 2018.

(2) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint and different

dates may be appointed for different

provisions of this Act and any reference in any

such provision to the commencement of this

Act shall be construed as a reference to the

coming into force of that provision.

2. Amendment of section 6.— In

section 6 of the Specific Relief Act,

1963 (hereinafter referred to as the

principal Act), in sub-section (1),

after the words “he or any person”,

the words “through whom he has

been in possession or any person”

shall be inserted.

3. Substitution of new section for section

10.— For section 10 of the principal Act, the

following section shall be substituted,

namely:—

“10. Specific performance in respect of

contracts.— The specific performance of a

contract shall be enforced by the court

subject to the provisions contained in

sub-section (2) of section 11, section 14 and

section 16.”.

4. Amendment of section 11.— In section 11

of the principal Act, in sub-section (1), for the

words “contract may, in the discretion of the

court”, the words “contract shall” shall be

substituted.

5. Substitution of new sections for section

14.— For section 14 of the principal Act, the

following sections shall be substituted,

namely:—

“14.

Contracts

not

specifically

enforceable.— The following contracts

cannot be specifically enforced, namely:—

(a) where a party to the contract has

obtained substituted performance of

contract in accordance with the

provisions of section 20;

(b) a contract, the performance of

which involves the performance of a

continuous duty which the court cannot

supervise;

on the personal qualifications of the

parties that the court cannot enforce

specific performance of its material terms;

and

(d) a contract which is in its nature

determinable.

14A. Power of court to engage experts.—

(1) Without prejudice to the generality of the

provisions contained in the Code of Civil

Procedure, 1908, in any suit under this Act,

where the court considers it necessary to

get expert opinion to assist it on any specific

issue involved in the suit, it may engage one

or more experts and direct to report to it on

such issue and may secure attendance of

the expert for providing evidence, including

production of documents on the issue.

(2) The court may require or direct any

person to give relevant information to the

expert or to produce, or to provide access

to, any relevant documents, goods or other

property for his inspection.

(3) The opinion or report given by the

expert shall form part of the record of the

suit; and the court, or with the permission

of the court any of the parties to the suit,

may examine the expert personally in open

court on any of the matters referred to him

or mentioned in his opinion or report, or as

to his opinion or report, or as to the manner

in which he has made the inspection.

(4) The expert shall be entitled to such

fee, cost or expense as the court may fix,

which shall be payable by the parties in

such proportion, and at such time, as the

court may direct.”.

47 of 1963.

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6. Amendment of section 15.— In section 15

of the principal Act, after clause (f), the

following clause shall be inserted, namely:—

“(fa) when a limited liability partnership

has

entered

into

contract

and

subsequently becomes amalgamated with

another limited liability partnership, the

new limited liability partnership which

arises out of the amalgamation.”.

7. Amendment of section 16.— In section 16

of the principal Act,—

(i) for clause (a), the following clause shall

be substituted, namely:—

“(a) who has obtained substituted

performance of contract under section 20;

or”;

(ii) in clause (c),—

(I) for the words “who fails to aver and

prove”, the words “who fails to prove”

shall be substituted;

(II) in the Explanation, in clause (ii), for

the words “must aver”, the words “must

prove” shall be substituted.

8. Amendment of section 19.— In section 19

of the principal Act, after clause (c), the

following clause shall be inserted, namely:—

“(ca) when a limited liability partnership

has

entered

into

contract

and

subsequently becomes amalgamated with

another limited liability partnership, the

new limited liability partnership which

arises out of the amalgamation.”.

9. Amendment of sub-heading under

Chapter II.— For sub-heading “Discretion and

powers of Court” occurring after section 19,

the sub-heading “Substituted performance of

contracts, etc.” shall be substituted.

10. Substitution of new sections for section

20.— For section 20 of the principal Act, the

following sections shall be substituted,

namely:—

“20. Substituted performance of

contract.— (1) Without prejudice

to the generality of the provisions

contained in the Indian Contract

Act, 1872, and, except as

otherwise agreed upon by the

parties, where the contract is

broken due to non-performance of

promise by any party, the party

who suffers by such breach shall

have the option of substituted

performance through a third party

or by his own agency, and, recover

the expenses and other costs

actually incurred, spent or

suffered by him, from the party

committing such breach.

(2) No substituted performance of

contract under sub-section (1) shall be

undertaken unless the party who suffers

such breach has given a notice in writing,

of not less than thirty days, to the party in

breach calling upon him to perform the

contract within such time as specified in the

notice, and on his refusal or failure to do so,

he may get the same performed by a third

party or by his own agency:

Provided that the party who suffers such

breach shall not be entitled to recover the

expenses and costs under sub-section (1)

unless he has got the contract performed

through a third party or by his own agency.

(3) Where the party suffering breach of

contract has got the contract performed

through a third party or by his own agency

after giving notice under sub-section (1),

he shall not be entitled to claim relief of

specific performance against the party in

breach.

(4) Nothing in this section shall prevent

the party who has suffered breach of

contract from claiming compensation from

the party in breach.

20A. Special provisions for contract

relating to infrastructure project.— (1) No

9 of 1872.

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injunction shall be granted by a court in a

suit under this Act involving a contract

relating to an infrastructure project

specified in the Schedule, where granting

injunction would cause impediment or

delay in the progress or completion of such

infrastructure project.

Explanation.— For the purposes of this

section, section 20B and clause (ha) of

section 41, the expression “infrastructure

project” means the category of projects and

infrastructure Sub-Sectors specified in the

Schedule.

(2) The Central Government may,

depending upon the requirement for

development of infrastructure projects, and

if it considers necessary or expedient to do

so, by notification in the Official Gazette,

amend the Schedule relating to any

Category of projects or Infrastructure Sub-

Sectors.

(3) Every notification issued under this Act

by the Central Government shall be laid, as

soon as may be after it is issued, before each

House of Parliament, while it is in session, for

a total period of thirty days which may be

comprised in one session or in two or more

successive sessions, and if, before the expiry

of the session immediately following the

session or the successive sessions aforesaid,

both Houses agree in making any modification

in the notification or both Houses agree that

the notification should not be made, the

notification shall thereafter have effect only in

such modified form or be of no effect, as the

case may be; so, however, that any such

modification or annulment shall be without

prejudice to the validity of anything previously

done under that notification.

20B. Special Courts.— The State

Government, in consultation with the Chief

Justice of the High Court, shall designate,

by notification published in the Official

Gazette, one or more Civil Courts as Special

Courts, within the local limits of the area to

exercise jurisdiction and to try a suit under

this Act in respect of contracts relating to

infrastructure projects.

20C. Expeditious disposal of

suits.— Notwithstanding any-

thing contained in the Code of

Civil Procedure, 1908, a suit filed

under the provisions of this Act

shall be disposed of by the court

within a period of twelve months

from the date of service of

summons to the defendant:

Provided that the said period may be

extended for a further period not exceeding

six months in aggregate after recording

reasons in writing for such extension by the

court.”.

11. Amendment of section 21.— In section

21 of the principal Act, in sub-section (1), for

the words “, either in addition to, or in

substitution of,” the words “in addition to”

shall be substituted.

12. Amendment of section 25.— In

section 25 of the principal Act, for

the words and figures “the

Arbitration Act, 1940”, the words

and figures “the Arbitration and

Conciliation Act, 1996” shall be

substituted.

13. Amendment of section 41.— In section

41 of the principal Act, after clause (h),

the following clause shall be inserted,

namely:—

“(ha) if it would impede or delay the

progress or completion of any infrastructure

project or interfere with the continued

provision of relevant facility related thereto

or services being the subject matter of such

project.”.

14. Insertion of Schedule.— After Part III of

the principal Act, the following Schedule shall

be inserted, namely:—

5 of 1908.

10 of 1940.

26 of 1996.

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‘THE SCHEDULE

[See sections 20A and 41 (ha)]

Category of projects and Infrastructure Sub-Sectors

Sl. No.