Panaji, 11th April, 2019 (Chaitra 21, 1941)

SERIES I No. 2

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]

GOVERNMENT OF GOA

Department of Law & Judiciary

Legal Affairs Division

Notification

10/4/2019-LA/98

The Indian Medical Council (Amendment)

Ordinance, 2019 (Ordinance No. 2 of 2019),

which has been promulgated by the President

in the Sixty-ninth Year of the Republic of India

and published in the Gazette of India,

INDEX

Department

Notification/Order

Subject

Pages

1.a. Law & Judiciary

Not.- 10/4/2019-LA-98

The Indian Medical Council (Amendment)

Joint Secretary

Ordinance, 2019.

b. —do—

Not.- 10/4/2019-LA-99

The Muslim Women (Protection of Rights on

Marriage) Ordinance, 2019.

c. —do—

Not.- 10/4/2019-LA-97

The Companies (Amendment) Ordinance, 2019.

d. —do—

Not.- 10/6/2018-LA-47

The Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Amendment Act, 2018.

e. —do—

Not.- 10/6/2018-LA-46

The Commercial Courts, Commercial Division and 34

Commercial Appellate Division of High Courts

(Amendment) Act, 2018.

f. —do—

Not.- 10/6/2018-LA-48

The Insolvency and Bankruptcy Code (Second

Amendment) Act, 2018.

g. —do—

Not.- 10/6/2018-LA-29

The National Commission for Backward

Classes (Repeal) Act, 2018.

h. —do—

Not.- 10/6/2018-LA-43

The Goods and Services Tax (Compensation to

States) Amendment Act, 2018.

i. —do—

Not.- 10/6/2018-LA-31

The Criminal Law (Amendment) Act, 2018.

j. —do—

Not.- 10/6/2018-LA-30

The Homoeopathy Central Council (Amendment)

Act, 2018.

k. —do—

Not.- 10/6/2018-LA-53

The Negotiable Instruments (Amendment)

Act, 2018.

Extraordinary, Part II, Section I, dated

12-1-2019, is hereby published for the general

information of the public.

Julio B. Noronha, Joint Secretary (Law).

Porvorim, 29th March, 2019.

————

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 12th January, 2019/Pausha

22,1940 (Saka)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

THE INDIAN MEDICAL COUNCIL

(AMENDMENT) ORDINANCE, 2019

No. 2 of 2019

Promulgated by the President in the Sixty-

ninth Year of the Republic of India.

An Ordinance further to amend the Indian

Medical Council Act, 1956.

Whereas the Indian Medical Council

(Amendment)

Ordinance,

2018

was

promulgated by the President on the 26th day

of September, 2018;

And whereas the Indian Medical Council

(Amendment) Bill, 2018, to replace the Indian

Medical Council (Amendment) Ordinance,

2018, has been passed by the House of

the People and is pending in the Council of

States;

And whereas Parliament is not in session

and the President is satisfied that

circumstances exist which render it necessary

for him to take immediate action:

Now, therefore, in exercise of the powers

conferred by clause (1) of article 123 of the

Constitution, the President is pleased to

promulgate the following Ordinance:—

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

Ordinance may be called the Indian Medical

Council (Amendment) Ordinance, 2019.

(2) (A) The provisions of this Ordinance

shall, except sub-clause (i) or clause (c) of

section 2, be deemed to have come into force

on the 26th day of September, 2018; and

(B) sub-clause (i) of clause (c) of section

2 shall come into force at once.

2. Amendment of section 3A.— In

section 3A of the Indian Medical

Council Act, 1956,—

(a) in sub-section (1), for the words,

brackets and figures “Indian/Medical Council

(Amendment) Act, 2010”, the words, brackets

and figures “Indian Medical Council

(Amendment) Ordinance, 2019” shall be

substituted;

(b) in sub-section (2), for the words “three

years”, the words “one year” shall be

substituted;

(i) for the words “seven persons”, the

words

“twelve

persons”

shall

substituted;

(ii) for the words “and medical

education”, the words “and medical

education or proven administrative capacity

and experience” shall be substituted;

(d) after sub-section (7) the following

sub-section shall be inserted, namely:—

“(7A) The Board of Governors shall be

assisted by a Secretary General who shall

be appointed by the Central Government on

deputation or contract basis and he shall

be the head of the secretariat in the

Council.”.

3. Repeal and saving.— (1) The

Indian Medical Council (Amend-

ment) Ordinance, 2018 is hereby

repealed.

(2) Notwithstanding such repeal,

anything done or any action taken

under the Indian Medical Council

Act, 1956 as amended by the said

Ordinance, shall be deemed to have

been done or taken under the

corresponding provisions of the said

Act, as amended by this Ordinance.

RAM NATH KOVIND

President

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

102 of 1956.

Ord. 8 of

2018.

102 of 1956.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

Notification

10/4/2019-LA/99

The Muslim Women (Protection of Rights on

Marriage) Ordinance, 2019 (Ordinance No. 1

of 2019), which has been promulgated by the

President in the Sixty-ninth Year of the

Republic of India and published in the Gazette

of India, Extraordinary, Part II, Section I, dated

12-1-2019, is hereby published for the general

information of the public.

Julio B. Noronha, Joint Secretary (Law).

Porvorim, 29th March, 2019.

————

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 12th January, 2019/Pausha

22, 1940 (Saka)

THE MUSLIM WOMEN (PROTECTION

OF RIGHTS ON MARRIAGE)

ORDINANCE, 2019

No. 1 of 2019

Promulgated by the President in the Sixty-

ninth Year of the Republic of India.

An Ordinance to protect the rights of

married Muslim women and to prohibit

divorce by pronouncing talaq by their

husbands and for matters connected

therewith or incidental thereto;

Whereas the Muslim Women (Protection of

Rights on Marriage) Ordinance, 2018 was

promulgated by the President on the 19th day

of September, 2018.

And

whereas

the

Muslim

Women

(Protection of Rights on Marriage) Bill, 2018

replacing the said Ordinance was passed by

the House of the People on the 27th day of

December, 2018 and is pending in the Council

of States;

And whereas Parliament is not in session

and the President is satisfied that

circumstances exist which render it necessary

for him to take immediate action;

Now, therefore, in exercise of the powers

conferred by clause (1) of article 123 of the

Constitution, the President is pleased to

promulgate the following Ordinance:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.—

(1) This Ordinance may be called the Muslim

Women (Protection of Rights on Marriage)

Ordinance, 2019.

(2) It shall extend to the whole of India

except the State of Jammu and Kashmir.

(3) It shall be deemed to have come into force

on the 19th day of September, 2018.

2. Definations.— In this Ordinance, unless

the context otherwise requires,—

(a) “electronic form” shall have

the same meaning as assigned to it

in clause (r) of sub-section (1) of

section 2 of the Information

Technology Act, 2000;

(b) “talaq” means talaq-e-biddat or any

other similar form of talaq having the effect of

instantaneous and irrevocable divorce

pronounced by a Muslim husband; and

(e) “Magistrate” means a Judicial

Magistrate of the first class

exercising jurisdiction under the

Code of Criminal Procedure, 1973, in

the area where the married Muslim

woman resides.

CHAPTER II

Declaration of Talaq to be Void and Illegal

3. Talaq to be void and illegal.— Any

pronouncement of talaq by a Muslim husband

upon his wife, by words, either spoken or

written or in electronic form or in any other

manner whatsoever, shall be void and illegal.

21 of 2000.

2 of 1974.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

4. Punishment for pronouncing talaq.— Any

Muslim husband who pronounces talaq

referred to in section 3 upon his wife shall be

punished with imprisonment for a term which

may extend to three years, and shall also be

liable to fine.

CHAPTER III

Protection of Rights of Married

Muslim Women

5. Subsistence allowance.— Without

prejudice to the generality of the provisions

contained in any other law for the time being

in force, a married Muslim woman upon

whom talaq is pronounced shall be entitled to

receive from her husband such amount of

subsistence allowance for her and dependent

children as may be determined by the

Magistrate.

Custody

minor

children.—

Notwithstanding anything contained in any

other law for the time being in force, a married

Muslim woman shall be entitled to custody of

her minor children in the event of

pronouncement of talaq by her husband, in

such manner as may be determined by the

Magistrate.

7. Offence to be cognizable,

compoundable, etc.— Notwith-

standing anything contained in the

Code of Criminal Procedure, 1973,—

(a) an offence punishable under this

Ordinance shall be cognizable, if information

relating to the commission of the offence is

given to an officer in charge of a police

station by the married Muslim woman upon

whom talaq is pronounced or any person

related to her by blood or marriage;

(b) an offence punishable under this

Ordinance shall be compoundable, at the

instance of the married Muslim women

upon whom talaq is pronounced with the

permission of the Magistrate, on such terms

and conditions as he may determine;

punishable under this Ordinance shall be

released on bail unless the Magistrate, on

an application filed by the accused and after

hearing the married Muslim woman upon

whom talaq is pronounced, is satisfied that

there are reasonable grounds for granting

bail to such person.

8. Repeal and savings.— (1) The

Muslim Women (Protection of

Rights on Marriage) Ordinance,

2018 is hereby repealed.

(2) Notwithstanding such repeal,

anything done or any action taken

under

the

Muslim

Women

(Protection of Rights on Marriage)

Ordinance, 2018 shall be deemed to

have been done or taken under the

provisions of this Ordinance.

RAM NATH KOVIND

President

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

————

Notification

10/4/2019-LA/297

The Companies (Amendment) Ordinance,

2019 (Ordinance No. 3 of 2019), which has

been promulgated by the President in

the Sixty-ninth Year of the Republic of

India and published in the Gazette of

India, Extraordinary, Part II, Section I,

dated 12-1-2019, is hereby published for

the general information of the public.

Julio B. Noronha, Joint Secretary

(Law).

Porvorim, 29th March, 2019.

————

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 12th January, 2019/Pausha

22, 1940 (Saka)

2 of 1974.

Ord. 7 of

2018.

Ord. 7 of

2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

THE COMPANIES (AMENDMENT)

ORDINANCE, 2019

No. 3 of 2019

Promulgated by the President in the sixty-

-ninth Year of the Republic of India.

An Ordinance further to amend the

Companies Act, 2013.

Whereas the Companies (Amendment)

Ordinance, 2018 was promulgated by the

President on the 2nd day of November, 2018;

And whereas the Companies (Amendment)

Bill, 2019 to replace the Companies

(Amendment) Ordinance, 2018 has been

passed by the House of People on the 4th

day of January, 2019 and is pending in the

Council of States;

And whereas the Companies (Amendment)

Bill, 2019 could not be taken up for

consideration and passing in the Council of

States;

And whereas the Companies (Amendment)

Ordinance, 2018 will cease to operate on the

21st day of January, 2019;

And whereas it is considered necessary to

give continued effect to the provisions of the

Companies (Amendment) Ordinance, 2018;

And whereas Parliament is not in session

and the President is satisfied that

circumstances exist which render it

necessary for him to take immediate

action;

Now, therefore, in exercise of the powers

conferred by clause (1) of article 123 of the

Constitution, the President is pleased to

promulgate the following Ordinance:—

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

Ordinance may be called the Companies

(Amendment) Ordinance, 2019.

(2) It shall be deemed to have come into

force on the 2nd day of November, 2018.

2. Amendment of section 2.— In section 2

of the Companies Act, 2013 (hereinafter

referred to as the principal Act), in clause

(41),—

(a) for the first proviso, the following

provisos shall be substituted, namely:—

“Provided that where a company or

body corporate, which is a holding

company or a subsidiary or associate

company of a company incorporated

outside India and is required to follow a

different financial year for consolidation

of its accounts outside India, the Central

Government may, on an application made

by that company or body corporate in

such form and manner as may be

prescribed, allow any period as its

financial year, whether or not that period

is a year:

Provided further that any application

pending before the Tribunal as on the

date of commencement of the Companies

(Amendment) Ordinance, 2019, shall be

disposed of by the Tribunal in accor-

dance with the provisions applicable to

it before such commencement.”;

(b) in the second proviso, for the words

“Provided further that”, the words

“Provided also that” shall be substituted.

3. Insertion of new section 10A.— After

section 10 of the principal Act, the following

section shall be inserted, namely:—

“10A. Commencement of business, etc.—

(1) A company incorporated after the

commencement

the

Companies

(Amendment) Ordinance, 2019 and having

a share capital shall not commence any

business or exercise any borrowing powers

unless—

(a) a declaration is filed by a director

within a period of one hundred and

eighty days of the date of incorporation

of the company in such form and verified

in such manner as may be prescribed,

with the Registrar that every subscriber

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

to the memorandum has paid the value

of the shares agreed to be taken by him

on the date of making of such

declaration; and

(b) the company has filed with the

Registrar a verification of its registered

office as provided in sub-section (2) of

section 12.

(2) If any default is made in complying

with the requirements of this section, the

company shall be liable to a penalty of fifty

thousand rupees and every officer who is

in default shall be liable to a penalty of one

thousand rupees for each day during which

such default continues but not exceeding

an amount of one lakh rupees.

(3) Where no declaration has been filed

with the Registrar under clause (a) of sub-

section (1) within a period of one hundred

and eighty days of the date of incorporation

of the company and the Registrar has

reasonable cause to believe that the

company is not carrying on any business

or operations, he may, without prejudice

to the provisions of sub-section (2), initiate

action for the removal of the name of the

company from the register of companies

under Chapter XVIII.

4. Amendment of section 12.— In section

12 of the principal Act, after sub-section (8),

the following sub-section shall be inserted,

namely:—

“(9) If the Registrar has reasonable cause

to believe that the company is not carrying

on any business or operations, he may

cause a physical verification of the

registered office of the company in such

manner as may be prescribed and if any

default is found to be made in complying

with the requirements of sub-section (1),

he may without prejudice to the provisions

of sub-section (8), initiate action for the

removal of the name of the company from

the register of companies under Chapter

XVIII.”.

5. Amendment of section 14.— In section

14 of the principal Act,—

(i) in sub-section (1), for the second

proviso, the following provisos shall be

substituted, namely:—

“Provided further that any alteration

having, the effect of conversion of a

public company into a private company

shall not be valid unless it is approved

by an order of the Central Government

on an application made in such form and

manner as may be prescribed:

Provided also that any application

pending before the Tribunal, as on the

date of commencement of the Companies

(Amendment) Ordinance, 2019, shall be

disposed of by the Tribunal in accor-

dance with the provisions applicable to

it before such commencement.”;

(ii) in sub-section (2), for the word

“Tribunal”,

the

words

“Central

Government” shall be substituted.

6. Amendment of section 53.— In section

53 of the principal Act, for sub-section (3),

the following sub-section shall be substituted,

namely:—

“(3) Where any company fails to comply

with the provisions of this section, such

company and every officer who is in

default shall be liable to a penalty which

may extend to an amount equal to the

amount raised through the issue of shares

at a discount or five lakh rupees, whichever

is less, and the company shall also be liable

to refund all monies received with interest

at the rate of twelve per cent. per annum

from the date of issue of such shares to the

persons to whom such shares have been

issued.”.

7. Amendment of section 64.— In section

64 of the principal Act, for sub-section (2),

the following sub-section shall be substituted,

namely:—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

“(2) Where any company fails to comply

with the provisions of sub-section (1), such

company and every officer who is in

default shall be liable to a penalty of one

thousand rupees for each day during which

such default continues, or five lakh rupees

whichever is less.”.

8. Amendment of section 77.— In section

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

the first and second provisos, the following

provisos shall be substituted, namely:—

“Provided that the Registrar may, on an

application by the company, allow such

registration to be made—

(a) in case of charges created before

the commencement of the Companies

(Amendment) Ordinance, 2019, within a

period of three hundred days of such

creation; or

(b) in case of charges created on or

after the commencement of the Com-

panies (Amendment) Ordinance, 2019,

within a period of sixty days of such

creation,

on payment of such additional fees as

may be prescribed:

Provided further that if the registration

is not made within the period specified—

(a) in clause (a) to the first proviso,

the registration of the charge shall be

made within six months from the date of

commencement of the Companies

(Amendment) Ordinance, 2019, on

payment of such additional fees as may

be prescribed and different fees may be

prescribed for different classes of

companies;

(b) in clause (b) to the first proviso,

the Registrar may, on an application,

allow such registration to be made within

a further period of sixty days after

payment of such advalorem fees as may

be prescribed.”.

9. Amendment of section 86.— Section 86

of the principal Act shall be numbered as

sub-section (1) thereof and after sub-section

(1) as so numbered, the following sub-section

shall be inserted, namely:—

“(2) if any person wilfully furnishes any

false or incorrect information or knowingly

suppresses any material information,

required to be registered in accordance

with the provisions of section 77, he shall

be liable for action under section 447.”.

10. Substitution of new section for section

87.— For section 87 of the principal Act, the

following section shall be substituted,

namely:—

“87. Rectification by Central Government

in Register of charges.— The Central

Government on being satisfied that—

(a) the omission to give intimation to

the Registrar of the payment or

satisfaction of a charge, within the time

required under this Chapter; or

(b) the omission or misstatement of

any particulars, in any tiling previously

made to the Registrar with respect to

any charge or modification thereof or

with respect to any memorandum of

satisfaction or other entry made in

pursuance of section 82 or section 83,

was accidental or due to inadvertence

or some other sufficient cause or it is not

of a nature to prejudice the position of

creditors or shareholders of the

company, it may, on the application of

the company or any person interested

and on such terms and conditions as it

deems just and expedient, direct that the

time for the giving of intimation of

payment or satisfaction shall be

extended or, as the case may require,

that the omission or misstatement shall

be rectified.”.

11. Amendment of section 90.— In section

90 of the principal Act,—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

(i) for sub-section (9), the following sub-

-section shall be substituted, namely:—

“(9) The company or the person

aggrieved by the order of the Tribunal

may make an application to the Tribunal

for relaxation or lifting of the restrictions

placed under sub-section (8), within a

period of one year from the date of such

order:

Provided that if no such application

has been filed within a period of one year

from the date of the order under sub-

section (8), such shares shall be

transferred without any restrictions, to

the authority constituted under sub-

section (5) of section 125, in such

manner as may be prescribed;

(ii) in sub-section (10),—

(a) after the word “punishable”, the

words “with imprisonment for a term

which may extend to one year or” shall

be inserted;

(b) after the words “ten lakh rupees”,

the words “or with both” shall be

inserted;

12. Amendment of section 92.— In section

92 of the principal Act, for sub-section (5),

the following sub-section shall be substituted,

namely:—

“(5) If any company fails to file its annual

return under sub-section (4), before the

expiry of the period specified therein, such

company and its every officer who is in

default shall be liable to a penalty of fifty

thousand rupees and in case of continuing

failure, with a further penalty of one

hundred rupees for each day during which

such failure continues, subject to a

maximum of five lakh rupees.”.

13. Amendment of section 102.— In section

102 of the principal Act, for sub-section (5),

the following sub-section shall be substituted,

namely:—

“(5) Without prejudice to the provisions

of sub-section (4), if any default is made in

complying with the provisions of this

section, every promoter, director, manager

or other key managerial personnel of the

company who is in default shall be liable

to a penalty of fifty thousand rupees or five

times the amount of benefit accruing to the

promoter, director, manager or other key

managerial personnel or any of his

relatives, whichever is higher.”.

14. Amendment of section 105.— In section

105 of the principal Act, in sub-section (3),

for the words “punishable with fine which

may extend to five thousand rupees”, the

words “liable to a penalty of five thousand

rupees” shall be substituted.

15. Amendment of section 117.— In section

117 of the principal Act, for sub-section (2),

the following sub-section shall be substituted,

namely:—

“(2) If any company fails to file the

resolution or the agreement under sub-

section (1) before the expiry of the period

specified therein, such company shall be

liable to a penalty of one lakh rupees and

in case of continuing failure, with a further

penalty of five hundred rupees for each day

after the first during which such failure

continues, subject to a maximum of twenty-

five lakh rupees and every officer of the

company who is ill default including

liquidator of the company, if any, shall be

liable to a penalty of fifty thousand rupees

and in case of continuing failure, with a

further penalty of five hundred rupees for

each day after the first during which such

failure continues, subject to a maximum of

five lakh rupees.”.

16. Amendment of section 121.— In section

121 of the principal Act, for sub-section (3),

the following sub-section shall be substituted,

namely:—

“(3) If the company fails to file the report

under sub-section (2) before the expiry of

the period specified therein, such company

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

shall be liable to a penalty of one lakh

rupees and in case of continuing failure,

with a further penalty of five hundred

rupees for each day after the first during

which such failure continues, subject to a

maximum of five lakh rupees and every

officer of the company who is in default

shall be liable to a penalty which shall not

be less than twenty-five thousand rupees

and in case of continuing failure, with a

further penalty of five hundred rupees for

each day after the first during which such

failure continues, subject to a maximum of

one lakh rupees.”.

17. Amendment of section 137.— In section

137 of the principal Act, in sub-section (3),—

(a) for the words “punishable with fine”,

the words “liable to a penalty” shall he

substituted;

(b) for the portion beginning with

“punishable with imprisonment”, and

ending with “five lakh rupees or with both”,

the words “shall be liable to a penalty of one

lakh rupees and in case of continuing failure,

with a further penalty of one hundred

rupees for each day after the first during

which such failure continues, subject to a

maximum of five lakh rupees” shall be

substituted.

18. Amendment of section 140.— In section

140 of the principal Act, for sub-section (3),

the following sub-section shall be substituted,

namely:—

“(3) If the auditor does not comply with

the provisions of sub-section (2), he or it

shall be liable to a penalty of fifty thousand

rupees or an amount equal to the

remuneration of the auditor, whichever is

less, and in case of continuing failure, with

a further penalty of five hundred rupees

for each day after the first during which

such failure continues, subject to a

maximum of five lakh rupees.”.

19. Amendment of section 157.— In section

157 of the principal Act, for sub-section (2),

the following sub-section shall be substituted,

namely:—

“(2) If any company fails to furnish the

Director Identification Number under sub-

-section (1), such company shall be liable

to a penalty of twenty-five thousand rupees

and in case of continuing failure, with a

further penalty of one hundred rupees for

each day after the first during which such

failure continues, subject to a maximum of

one lakh rupees, and every officer of the

company who is in default shall be liable

to a penalty of not less than twenty-five

thousand rupees and in case of continuing

failure, with a further penalty of one

hundred rupees for each day after the first

during which such failure continues,

subject to a maximum of one lakh rupees.”.

20. Substitution of new section for section

159.— For section 159 of the principal Act,

the following section shall be substituted,

namely:—

“159. Penalty for default of certain

provisions.— If any individual or director

of a company makes any default in

complying with any of the provisions of

section 152, section 155 and section 156,

such individual or director of the company

shall be liable to a penalty which may

extend to fifty thousand rupees and where

the default is a continuing one, with a

further penalty which may extend to five

hundred rupees for each day after the first

during which such default continues.”.

21. Amendment of section 164.— In section

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

after clause (h), the following clause shall be

inserted, namely:—

“(i) he has not complied with the

provisions of sub-section (1) of section

165.”.

22. Amendment of section 165.— In section

165 of the principal Act, in sub-section (6),

for the portion beginning with “punishable

with fine” and ending with “contravention

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

continues”, the words “liable to a penalty of

five thousand rupees for each day after the

first during which such contravention

continues” shall be substituted.

23. Amendment of section 191.— In section

191 of the principal Act, for sub-section (5),

the following sub-section shall be substituted,

namely:—

“(5) If a director of the company makes

any default in complying with the

provisions of this section, such director

shall be liable to a penalty of one lakh

rupees.”.

24. Amendment of section 197.— In section

197 of the principal Act,—

(a) sub-section (7) shall be omitted;

(b) for sub-section (15), the following

sub-section shall be substituted, namely:—

“(15) If any person makes any default

in complying with the provisions of this

section, he shall be liable to a penalty of

one lakh rupees and where any default

has been made by a company, the

company shall be liable to a penalty of

five lakh rupees.”.

25. Amendment of section 203.— In section

203 of the principal Act, for sub-section (5),

the following sub-section shall be substituted,

namely:—

“(5) If any company makes any default in

complying with the provisions of this

section, such company shall be liable to a

penalty of five lakh rupees and every

director and key managerial personnel of

the company who is in default shall be liable

to a penalty of fifty thousand rupees and

where the default is a continuing one, with

a further penalty of one thousand rupees for

each day after the first during which such

default continues but not exceeding five

lakh rupees.”.

26. Amendment of section 238.— In section

238 of the principal Act, in sub-section (3),

for the words “punishable with fine which

shall not be less than twenty five thousand

rupees but which may extend to five lakh

rupees”, the words “liable to a penalty of

one lakh rupees” shall be substituted.

27. Amendment of section 248.— In section

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

(a) in clause (c), for the word and figures

“section 455,”, the words and figures

“section 455; or” shall be substituted;

(b) after clause (c) and before the long

line, the following clauses shall be inserted,

namely:—

“(d)

the

subscribers

the

memorandum have not paid the

subscription which they had undertaken

to pay at the time of incorporation of a

company and a declaration to this effect

has not been filed within one hundred

and eighty days of its incorporation

under sub-section (1) of section 10A; or

(e) the company is not carrying on any

business or operations, as revealed after

the physical verification carried out

under sub-section (9) of section 12.”.

28. Amendment of section 441.— In section

441 of the principal Act,—

(a) in sub-section (1), in clause (b), for

the words “does not exceed five lakh

rupees”, the words “does not exceed

twenty-five lakh rupees” shall be

substituted;

(b) for sub-section (6), the following sub-

-section shall be substituted, namely:—

“(6) Notwithstanding any-

thing contained in the Code of

Criminal Procedure, 1973, any

offence which is punishable

under this Act with imprison-

ment only or with imprison-

ment and also with fine shall

not be compoundable.”.

2 of 1974.

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SERIES I No. 2

11TH APRIL, 2019

29. Amendment of section 446B.— In

section 446B of the principal Act, for the

portion beginning with “punishable with

fine” and ending with “specified in such

sections”, the words “liable to a penalty

which shall not be more than one half of the

penalty specified in such sections” shall be

substituted.

30. Amendment of section 447.— In section

447 of the principal Act, in the second proviso,

for the words “twenty lakh rupees”, the words

“fifty lakh rupees” shall be substituted.

31. Amendment of section 454.— In section

454 of the principal Act,—

(i) for sub-section (3), the following sub-

-section shall be substituted, namely:—

“(3) The adjudicating officer may, by

an order—

(a) impose the penalty on the

company, the officer who is in default,

or any other person, as the case may

be, stating therein any non-compliance

default

under

the

relevant

provisions of this Act; and

(b) direct such company, or officer

who is in default, or any other person,

as the case may be, to rectify the

default, wherever he considers fit.”;

(ii) in sub-section (4), for the words

“such company and the officer who is in

default”, the words “such company, the

officer who is in default or any other

person” shall be substituted;

(iii) in sub-section (8),—

(a) in clause (i), for the words “does

not pay the penalty imposed by the

adjudicating officer, or the Regional

Director”, the words, brackets and

figures “fails to comply with the order

made under sub-section (3) or sub-

-section (7), as the case may be,” shall

be substituted;

(b) in clause (ii)—

(i) for the words “Where an officer

of a company” the words “Where an

officer of a company or any other

person” shall be substituted;

(ii) for the words “does not pay the

penalty”, the words, brackets and

figures “fails to comply with the order

made under sub-section (3) or sub-

section (7), as the case may be,” shall

be substituted.

32. Insertion of new section 454A.— After

section 454 of the principal Act, the following

section shall be inserted, namely:—

“454A. Penalty for repeated default.—

Where a company or an officer of a

company or any other person having

already been subjected to penalty for

default under any provisions of this Act,

again commits such default within a period

of three years from the date of order

imposing such penalty passed by the

adjudicating officer or the Regional

Director, as the case may be, it or he shall

be liable for the second or subsequent

defaults for an amount equal to twice

the amount of penalty provided for such

default under the relevant provisions of

this Act.”.

33. Repeal and Saving.— (1) The

Companies (Amendment) Ordi-

nance, 2018 is hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the said

Ordinance shall be deemed to have been done

or taken under the corresponding provisions

of this Ordinance.

RAM NATH KOVIND

President

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

Ord. 9 of

2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

Notification

10/6/2018-LA-47

The Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Amendment

Act, 2018 (Central Act No. 27 of 2018), which

has been passed by Parliament and assented

to by the President on 17-08-2018 and

published in the Gazette of India,

Extraordinary, Part II, Section 1, dated

17-08-2018, is hereby published for the general

information of the public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 29th January, 2019.

————

THE SCHEDULED CASTES AND THE

SCHEDULED TRIBES (PREVENTION OF

ATROCITIES) AMENDMENT ACT, 2018

ACT

further to amend the Scheduled Castes and the

Schedules Tribes (Prevention of Atrocities)

Act, 1989.

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 Scheduled Castes and

the Scheduled Tribes (Prevention of Atrocities)

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. Insertion of new section 18A.—

After section 18 of the Scheduled

Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989,

the following section shall be

inserted, namely:—

“18A. No enquiry or approval required.—

(1) For the purposes of this Act,—

(a) preliminary enquiry shall not be

required for registration of a First

Information Report against any person;

(b) the investigating officer shall not

require approval for the arrest, if

necessary, of any person,

against whom an accusation of having

committed an offence under this Act has

been made and no procedure other than

that provided under this Act or the Code

shall apply.

(2) The provisions of section 438 of the

Code shall not apply to a case under this

Act, notwithstanding any judgment or order

or direction of any Court.”.

————

Notification

10/6/2018-LA-46

The Commercial Courts, Commercial

Division and Commercial Appellate Division of

High Courts (Amendment) Act, 2018 (Central

Act No. 28 of 2018), which has been passed

by Parliament and assented to by the

President on 20-08-2018 and published in the

Gazette of India, Extraordinary, Part II, Section

1, dated 21-08-2018, is hereby published for

the general information of the public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 29th January, 2019.

————

THE COMMERCIAL COURTS, COMMERCIAL

DIVISION AND COMMERCIAL APPELLATE

DIVISION OF HIGH COURTS (AMENDMENT)

ACT, 2018

ACT

to amend the Commercial Courts, Commercial

Division and Commercial Appellate Division

of High Courts Act, 2015.

Be it enacted by Parliament in the Sixty-

-ninth Year of the Republic of India as

follows:—

33 of 1989.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

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

Act may be called the Commercial Courts,

Commercial Division and Commercial

Appellate

Division

High

Courts

(Amendment) Act, 2018.

(2) Save as otherwise provided, it shall be

deemed to have come into force on the 3rd

day of May, 2018.

2. Amendment of long title.— In

the Commercial Courts, Commercial

Division and Commercial Appellate

Division of High Courts Act, 2015

(hereinafter referred to as the

principal Act), in the long title, after

the words “Commercial Courts”, the

words “Commercial Appellate

Courts,” shall be inserted.

3. Amendment of section 1.— In section 1

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

following sub-section shall be substituted,

namely:—

“(1) This Act may be called the

Commercial Courts Act, 2015.”.

4. Amendment of section 2.— In section 2

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

(I) clause (a) shall be renumbered as

clause (aa) thereof, and before clause (aa)

as so renumbered, the following clause shall

be inserted, namely:—

‘(a) “Commercial Appellate Courts”

means the Commercial Appellate Courts

designated under section 3A;’;

(II) in clause (i), for the words “which

shall not be less than one crore rupees”, the

words “which shall not be less than three

lakh rupees” shall be substituted.

5. Substitution of Chapter heading.— In the

principal Act, in Chapter II, for the Chapter

heading, the following Chapter heading shall

be substituted, namely:—

“Commercial

Courts,

Commercial

Appellate Courts, Commercial Divisions and

Commercial Appellate Divisions”.

6. Amendment of section 3.— In section 3

of the principal Act,—

(a) in sub-section (1), for the proviso, the

following provisos shall be substituted,

namely:—

“Provided that with respect to the High

Courts having ordinary original civil

jurisdiction, the State Government may,

after consultation with the concerned

High Court, by notification, constitute

Commercial Courts at the District Judge

level:

Provided further that with respect to a

territory over which the High Courts have

ordinary original civil jurisdiction, the

State Government may, by notification,

specify such pecuniary value which shall

not be less than three lakh rupees and

not more than the pecuniary jurisdiction

exercisable by the District Courts, as it

may consider necessary.”;

(b) after sub-section (1), the following

sub-section shall be inserted, namely:—

“(1A) Notwithstanding anything

contained in this Act, the State

Government may, after consultation with

the concerned High Court, by notification,

specify such pecuniary value which shall

not be less than three lakh rupees or such

higher value, for whole or part of the State,

as it may consider necessary.”;

(i) for the words “State Government

shall”, the words “State Government

may” shall be substituted;

(ii) for the words “Commercial Court,

from amongst the cadre of Higher

Judicial Service in the State”, the

following words shall be substituted,

namely:—

“Commercial Court either at the level

of District Judge or a court below the

level of a District Judge”.

7. Insertion of new section 3A.— After

section 3 of the principal Act, the following

section shall be inserted, namely:—

“3A.

Designation

Commercial

Appellate Courts.— Except the territories

4 of 2016.

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SERIES I No. 2

11TH APRIL, 2019

over which the High Courts have ordinary

original civil jurisdiction, the State

Government may, after consultation with

the concerned High Court, by notification,

designate such number of Commercial

Appellate Courts at District Judge level, as

it may deem necessary, for the purposes of

exercising the jurisdiction and powers

conferred on those Courts under this Act.”.

8. Amendment of section 4.— In section 4

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

words “ordinary civil jurisdiction”, the words

“ordinary original civil jurisdiction” shall be

substituted.

9. Omission of section 9.— Section 9 of the

principal Act shall be omitted.

10. Amendment of section 12.— In section

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

(i) in clause (c), after the words “Specified

Value;”, the word “and” shall be inserted;

(ii) in clause (d), the word “and”,

occurring at the end, shall be omitted;

(iii) clause (e) shall be omitted.

11. Insertion of new Chapter IIIA.— After

Chapter III of the principal Act, the following

Chapter shall be inserted, namely:—

“CHAPTER IIIA

Pre-Institution Mediation and Settlement

12A. Pre-Institution Mediation and

Settlement.— (1) A suit, which does not

contemplate any urgent interim relief under

this Act, shall not be instituted unless

the plaintiff exhausts the remedy of

pre-institution mediation in accordance

with such manner and procedure as may

be prescribed by rules made by the Central

Government.

(2) The Central Government

may, by notification, authorise the

Authorities constituted under the

Legal Services Authorities Act,

1987, for the purposes of pre-

institution mediation.

(3) Notwithstanding anything

contained in the Legal Services

Authorities

Act,

1987,

the

Authority authorised by the

Central Government under sub-

section (2) shall complete the

process of mediation within a

period of three months from the

date of application made by the

plaintiff under sub-section (1).

Provided that the period of mediation may

be extended for a further period of two

months with the consent of the parties:

Provided further that, the period

during

which

the

parties

remained occupied with the pre-

institution mediation, such period

shall not be computed for the

purpose of limitation under the

Limitation Act, 1963.

(4) If the parties to the commercial dispute

arrive at a settlement, the same shall be

reduced into writing and shall be signed by

the parties to the dispute and the mediator.

(5) The settlement arrived at

under this section shall have the

same status and effect as if it is an

arbitral award on agreed terms

under sub-section (4) of section 30

of the Arbitration and Conciliation

Act, 1996.”.

12. Amendment of section 13.— In section

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

following shall be substituted, namely:—

“(1) Any person aggrieved by the

judgment or order of a Commercial Court

below the level of a District Judge may

appeal to the Commercial Appellate Court

within a period of sixty days from the date

of judgment or order.

(1A) Any person aggrieved by the

judgment or order of a Commercial Court

at the level of District Judge exercising

original civil jurisdiction or, as the case may

be, Commercial Division of a High Court

may appeal to the Commercial Appellate

Division of that High Court within a period

of sixty days from the date of the judgment

or order:

39 of 1987.

36 of 1963.

26 of 1996.

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SERIES I No. 2

11TH APRIL, 2019

Provided that an appeal shall lie

from such orders passed by a

Commercial

Division

Commercial Court that are

specifically enumerated under

Order XLIII of the Code of Civil

Procedure, 1908 as amended by

this Act and section 37 of the

Arbitration and Conciliation Act,

1996.”.

13. Amendment of section 14.— In section

14 of the principal Act, for the words

“Commercial Appellate Division”, the words

“Commercial Appellate Court and the

Commercial Appellate Division” shall be

substituted.

14. Amendment of section 15.— In section

15 of the principal Act, in sub-section (4), for

the words, figures and letter “with Order XIV-

A”, the words, figures and letter “with Order

XV-A” shall be substituted.

15. Amendment of section 17.— In section

17 of the principal Act, for the words

“Commercial Courts” and “Commercial

Court”, wherever they occur, the words

“Commercial Courts, Commercial Appellate

Courts” shall be substituted.

16. Amendment of section 20.— In section

20 of the principal Act, for the words

“Commercial Court”, the words “Commercial

Courts, Commercial Appellate Courts” shall

be substituted.

17. Insertion of new section 21A.— After

section 21 of the principal Act, the following

section shall be inserted, namely:—

“21A. Power of Central Government to

make rules.— (1) The Central Government

may, by notification, make rules for carrying

out the provisions of this Act.

(2) In particular, and without prejudice

to the generality of the foregoing power,

such rules may provide for or any of the

following matters, namely:—

(a) the manner and procedure of pre-

institution mediation under sub-section

(1) of section 12A;

(b) any other matter which is required

to be, or may be, prescribed or in respect

of which provision is to be made by rules

made by the Central Government.

(3) 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.”.

18. Amendment of Schedule.— In the

Schedule to the principal Act,—

(i) in Paragraph 4, in sub-paragraph (D),

in item (iv),—

(a) in the opening portion, the words

“after the first proviso,”shall be omitted;

(b) for the words “Provided further

that”, the words “Provided that” shall be

substituted;

(ii) in Paragraph 11, for the words

“Commercial

Court”,

the

words

“Commercial Court, Commercial Appellate

Court” shall be substituted;

(iii) after Paragraph 11, the following shall

be inserted and shall be deemed to have

been inserted with effect from the 23rd

October, 2015, namely:—

‘12. After Appendix H, the following

Appendix shall be inserted, namely:—

“APPENDIX-I

Statement of Truth

(Under First Schedule, Order VI-Rule 15A

and Order XI-Rule 3)

5 of 1908.

26 of 1996.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

I ........................ the deponent do hereby

solemnly affirm and declare as under:

1. I am the party in the above suit and

competent to swear this affidavit.

2. I am sufficiently conversant with the facts

of the case and have also examined all relevant

documents and records in relation thereto.

3. I say that the statements made in ................

paragraphs are true to my knowledge and

statements made in .................. paragraphs are

based on information received which I believe

to be correct and statements made in

................... paragraphs are based on legal

advice.

4. I say that there is no false statement or

concealment of any material fact, document

or record and I have included information that

is according to me, relevant for the present suit.

5. I say that all documents in my power,

possession, control or custody, pertaining

to the facts and circumstances of the

proceedings initiated by me have been

disclosed and copies thereof annexed with the

plaint, and that I do not have any other

documents in my power, possession, control

or custody.

6. I say that the above-mentioned pleading

comprises of a total of ...................... pages,

each of which has been duly signed by me.

7. I state that the Annexures hereto are true

copies of the documents referred to and relied

upon by me.

8. I say that I am aware that for any false

statement or concealment, I shall be liable for

action taken against me under the law for the

time being in force.

Place:

Date:

DEPONENT

VERIFICATION

I, ………………………. do hereby declare

that the statements made above are true to

my knowledge.

Verified at [place] on this [date]

DEPONENT.”.’.

19. Application of provisions of this Act on

cases filed on or after its commencement.—

Save as otherwise provided, the provisions of

this Act shall apply only to cases relating to

commercial disputes filed on or after the date

of commencement of this Act.

20. Repeal and savings.— (1) The

Commercial Courts, Commercial

Division and Commercial Appellate

Division of High Courts (Amend-

ment) Ordinance, 2018 is hereby

repealed.

(2) Notwithstanding the repeal of the said

Ordinance, anything done or any action taken

under the said Ordinance shall deemed

to have been done or taken under the

corresponding provisions of this Act.

————

Notification

10/6/2018-LA-48

The Insolvency and Bankruptcy Code

(Second Amendment) Act, 2018 (Central Act

No. 26 of 2018), which has been passed by

Parliament and assented to by the President

on 17-08-2018 and published in the Gazette of

India, Extraordinary, Part II, Section 1, dated

17-08-2018, is hereby published for the general

information of the public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 29th January, 2019.

————

THE INSOLVENCY AND BANKRUPTCY

CODE (SECOND AMENDMENT)

ACT, 2018

ACT

further to amend the Insolvency and

Bankruptcy Code, 2016.

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 Insolvency and

Bankruptcy Code (Second Amendment) Act,

2018.

Ord 3 of

2018.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

(2) It shall be deemed to have come into

force on the 6th day of June, 2018.

2. Amendment of section 3.— In

the Insolvency and Bankruptcy

Code, 2016 (hereinafter referred to

as the principal Act), in section 3, in

clause (12), for the word “repaid”,

the word “paid” shall be substituted.

3. Amendment of section 5.— In section 5

of the principal Act,—

(i) after clause (5), the following clause

shall be inserted, namely:—

‘(5A) “corporate guarantor” means a

corporate person who is the surety in a

contract of guarantee to a corporate

debtor;’;

(ii) in clause (8), in sub-clause (f), the

following Explanation shall be inserted,

namely:—

‘Explanation.— For the purposes of this

sub-clause,—

(i) any amount raised from an

allottee under a real estate project shall

be deemed to be an amount having

the commercial effect of a borrowing;

and

(ii)

the

expressions,

“allottee” and “real estate

project” shall have the

meanings

respectively

assigned to them in clauses

(d) and (zn) of section 2 of the

Real Estate (Regulation and

Development) Act, 2016;’;

(iii) in clause (12), the following

proviso

shall

inserted,

namely:—

“Provided that where the interim

resolution professional is not appointed

in the order admitting application under

section 7, 9 or section 10, the insolvency

commencement date shall be the date

on which such interim resolution

professional is appointed by the

Adjudicating Authority;”;

(iv) in clause (21), for the word

“repayment”, the word “payment” shall be

substituted;

(v) after clause (24), the following clause

shall be inserted, namely:—

‘(24A) “related party”, in relation to an

individual, means—

(a) a person who is a relative of the

individual or a relative of the spouse of

the individual;

(b) a partner of a limited liability

partnership, or a limited liability

partnership or a partnership firm, in

which the individual is a partner;

in which the beneficiary of the trust

includes the individual, or the terms of

the trust confers a power on the trustee

which may be exercised for the benefit

of the individual;

(d) a private company in which the

individual is a director and holds along

with his relatives, more than two per

cent. of its share capital;

(e) a public company in which the

individual is a director and holds along

with relatives, more than two per cent.

of its paid-up share capital;

(f) a body corporate whose board of

directors, managing director or

manager, in the ordinary course of

business, acts on the advice, directions

or instructions of the individual;

(g) a limited liability partnership or

a partnership firm whose partners or

employees in the ordinary course of

business, act on the advice, directions

or instructions of the individual;

(h) a person on whose advice,

directions

instructions,

the

individual is accustomed to act;

(i) a company, where the individual

or the individual along with its related

party, own more than fifty per cent. of

the share capital of the company or

31 of 2016.

16 of 2016.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

controls the appointment of the board

of directors of the company.

Explanation.— For the purposes of this

clause,—

(a) “relative”, with reference to any

person, means anyone who is related to

another, in the following manner, namely:—

(i)

members of a Hindu Undivided

Family,

(ii)

husband,

(iii)

wife,

(iv)

father,

(v)

mother,

(vi)

son,

(vii)

daughter,

(viii) son’s daughter and son,

(ix)

daughter’s daughter and son,

(x)

grandson’s daughter and son,

(xi)

granddaughter’s daughter and

son,

(xii)

brother,

(xiii) sister,

(xiv) brother’s son and daughter,

(xv)

sister’s son and daughter,

(xvi) father’s father and mother,

(xvii) mother’s father and mother,

(xviii)father’s brother and sister,

(xix) mother’s brother and sister, and

(b) wherever the relation is that of a son,

daughter, sister or brother, their spouses

shall also be included;’.

4. Amendment of section 7.— In section 7

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

words “other financial creditors”, the words

“other financial creditors, or any other person

on behalf of the financial creditor, as may be

notified by the Central Government,” shall be

substituted.

5. Amendment of section 8.— In section 8

of the principal Act,—

(a) in sub-section (2),—

(i) in clause (a), for the words “if any,

and”, the words “if any, or” shall be

substituted;

(ii) in clause (b), for the word

“repayment”, the word “payment” shall

be substituted;

(b) in the Explanation, for the word

“repayment”, the word “payment” shall be

substituted.

6. Amendment of section 9.— In section 9

of the principal Act,—

(a) in sub-section (3),—

(i) in clause (c), for the words “by the

corporate debtor; and”, the words “by

the corporate debtor, if available;” shall

be substituted;

(ii) for clause (d), the following clauses

shall be substituted, namely:—

“(d) a copy of any record with

information utility confirming that there

is no payment of an unpaid operational

debt by the corporate debtor, if

available; and

(e) any other proof confirming that

there is no payment of an unpaid

operational debt by the corporate

debtor or such other information, as

may be prescribed.”;

(b) in sub-section (5),—

(A) in clause (i), in sub-clause (b), for

the word “repayment”, the word

“payment” shall be substituted;

(B) in clause (ii), in sub-clause (b),

for the word “repayment”, the word

“payment” shall be substituted.

7. Amendment of section 10.— In section 10

of the principal Act,—

(a) for sub-section (3), the following sub-

section shall be substituted, namely:—

“(3) The corporate applicant shall,

along with the application, furnish—

(a) the information relating to its

books of account and such other

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documents for such period as may be

specified;

(b) the information relating to the

resolution professional proposed to be

appointed as an interim resolution

professional; and

shareholders of the corporate debtor or

the resolution passed by at least three-

fourth of the total number of partners

of the corporate debtor, as the case

may be, approving filing of the

application.”;

(b) in sub-section (4),—

(i) in clause (a), after the words “if it

is complete”, the words “and no

disciplinary proceeding is pending

against

the

proposed

resolution

professional” shall be inserted;

(ii) in clause (b), after the words “if it is

incomplete”, the words “or any

disciplinary proceeding is pending

against

the

proposed

resolution

professional” shall be inserted.

8. Amendment of section 12.— In section 12

of the principal Act, in sub-section (2), for the

word “seventy-five”, the word “sixty-six” shall

be substituted.

9. Insertion of new section 12A.— After

section 12 of the principal Act, the following

section shall be inserted, namely:—

“12A. Withdrawal of application admitted

under sections 7, 9 or 10.— The

Adjudicating Authority may allow the

withdrawal of application admitted under

section 7 or section 9 or section 10, on an

application made by the applicant with the

approval of ninety per cent. voting share of

the committee of creditors, in such manner

as may be specified.”.

10. Amendment of section 14.— In section

14 of the principal Act, for sub-section (3), the

following sub-section shall be substituted,

namely:—

“(3) The provisions of sub-section (1) shall

not apply to—

(a) such transaction as may be notified

the

Central

Government

consultation with any financial regulator;

(b) a surety in a contract of guarantee

to a corporate debtor.”.

11. Amendment of section 15.— In section

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

clause (c), for the word “claims”, the words

“claims, as may be specified” shall be

substituted.

12. Amendment of section 16.— In section

16 of the principal Act, in sub-section (5), for

the words “shall not exceed thirty days from

date of his appointment”, the words and

figures “shall continue till the date of

appointment of the resolution professional

under section 22” shall be substituted.

13. Amendment of section 17.— In section

17 of the principal Act, in sub-section (2),—

(i) in clause (d), for the words “may be

specified.”, the words “may be specified;

and” shall be substituted;

(ii) after clause (d), the following clause

shall be inserted, namely:—

“(e) be responsible for complying with

the requirements under any law for the

time being in force on behalf of the

corporate debtor.”.

14. Amendment of section 18.— In section

18 of the principal Act, in the Explanation, for

the word “sub-section”, the word “section”

shall be substituted.

15. Amendment of section 21.— In section

21 of the principal Act,—

(i) in sub-section (2),—

(a) in the proviso, for the words

“related party to whom a corporate

debtor owes a financial debt”, the words,

brackets, figures and letter “financial

creditor or the authorised representative

of the financial creditor referred to in sub-

section (6) or sub-section (6A) or sub-

section (5) of section 24, if it is a related

party of the corporate debtor,” shall be

substituted;

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(b) after the proviso, the following

proviso shall be inserted, namely:—

“Provided further that the first

proviso shall not apply to a financial

creditor, regulated by a financial sector

regulator, if it is a related party of the

corporate debtor solely on account of

conversion or substitution of debt

into equity shares or instruments

convertible into equity shares, prior to

the insolvency commencement date.”;

(ii) in sub-section (3), for the word

“Where”, the words, brackets, figures and

letter “Subject to sub-sections (6) and (6A),

where” shall be substituted;

(iii) in sub-section (6), in the opening

portion, the words “or issued as securities”

shall be omitted;

(iv) after sub-section (6), the following

sub-sections shall be inserted, namely:—

“(6A) Where a financial debt—

(a) is in the form of securities or

deposits and the terms of the financial

debt provide for appointment of a

trustee or agent to act as authorised

representative for all the financial

creditors, such trustee or agent shall

act on behalf of such financial creditors;

(b) is owed to a class of creditors

exceeding the number as may be

specified, other than the creditors

covered under clause (a) or sub-

section (6), the interim resolution

professional shall make an application

to the Adjudicating Authority along

with the list of all financial creditors,

containing the name of an insolvency

professional, other than the interim

resolution professional, to act as their

authorised representative who shall

be appointed by the Adjudicating

Authority prior to the first meeting of

the committee of creditors;

executor or administrator, such person

shall act as authorised representative

on behalf of such financial creditors,

and such authorised representative

under clause (a) or clause (b) or clause

committee of creditors, and vote on

behalf of each financial creditor to the

extent of his voting share.

(6B) The remuneration payable to the

authorised representative—

(i) under clauses (a) and (c) of sub-

section (6A), if any, shall be as per the

terms of the financial debt or the relevant

documentation; and

(ii) under clause (b) of sub-section (6A)

shall be as specified which shall form part

of the insolvency resolution process

costs.”;

(v) for sub-sections (7) and (8), the

following sub-sections shall be substituted,

namely:—

“(7) The Board may specify the manner

of voting and the determining of the

voting share in respect of financial debts

covered under sub-sections (6) and (6A).

(8) Save as otherwise provided in this

Code, all decisions of the committee of

creditors shall be taken by a vote of not

less than fifty-one per cent. of voting

share of the financial creditors:

Provided that where a corporate debtor

does not have any financial creditors, the

committee of creditors shall be

constituted and shall comprise of such

persons to exercise such functions in

such manner as may be specified.”.

16. Amendment of section 22.— In section

22 of the principal Act,—

(a) in sub-section (2), for the word,

“seventy-five”, the word “sixty-six” shall be

substituted;

(b) in sub-section (3),—

(i) in clause (a), after the words

“resolution professional”, the words

“subject to a written consent from the

interim resolution professional in the

specified form” shall be inserted;

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(ii) in clause (b), after the words

“appointment of the proposed resolution

professional”, the words “along with a

written consent from the proposed

resolution professional in the specified

form” shall be inserted.

17. Amendment of section 23.— In section

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

following proviso shall be inserted, namely:—

“Provided that the resolution professional

shall, if the resolution plan under sub-

section (6) of section 30 has been submitted,

continue to manage the operations of the

corporate debtor after the expiry of the

corporate insolvency resolution process

period until an order is passed by the

Adjudicating Authority under section 31.”.

18. Amendment of section 24.— In section

24 of the principal Act,—

(i) in sub-section (3), in clause (a), for the

words “Committee of creditors”, the words,

brackets, figures and letter “committee of

creditors, including the authorised

representatives referred to in sub-sections

(6) and (6A) of section 21 and sub-section

(5)” shall be substituted;

(ii) in sub-section (5), for the words “Any

creditor”, the words, brackets, figures and

letters “Subject to sub-sections (6), (6A) and

(6B) of section 21, any creditor” shall be

substituted.

19. Insertion of new section 25A.— After

section 25 of the principal Act, the following

section shall be inserted, namely:-—

‘25A. Rights and duties of authorised

representative of financial creditors.— (1)

The authorised representative under sub-

section (6) or sub-section (6A) of section 21

or sub-section (5) of section 24 shall have

the right to participate and vote in meetings

of the committee of creditors on behalf

of the financial creditor he represents

in accordance with the prior voting

instructions of such creditors obtained

through physical or electronic means.

(2) It shall be the duty of the authorised

representative to circulate the agenda and

minutes of the meeting of the committee of

creditors to the financial creditor he

represents.

(3) The authorised representative shall

not act against the interest of the financial

creditor he represents and shall always act

in accordance with their prior instructions:

Provided

that

the

authorised

representative represents several financial

creditors, then he shall cast his vote in

respect of each financial creditor in

accordance with instructions received from

each financial creditor, to the extent of his

voting share:

Provided further that if any financial

creditor does not give prior instructions

through physical or electronic means, the

authorised representative shall abstain from

voting on behalf of such creditor.

(4) The authorised representative shall

file with the committee of creditors any

instructions received by way of physical or

electronic means, from the financial creditor

he represents, for voting in accordance

therewith, to ensure that the appropriate

voting instructions of the financial creditor

he represents is correctly recorded by the

interim resolution professional or resolution

professional, as the case may be.

Explanation.— For the purposes of this

section, the “electronic means” shall be

such as may be specified.’.

20. Amendment of section 27.— In section

27 of the principal Act, for sub-section (2), the

following sub-section shall be substituted,

namely:—

“(2) The committee of creditors may, at a

meeting, by a vote of sixty-six per cent. of

voting shares, resolve to replace the

resolution professional appointed under

section 22 with another resolution

professional, subject to a written consent

from the proposed resolution professional

in the specified form.”.

21. Amendment of section 28.— In section

28 of the principal Act, in sub-section (3), for

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the word, “seventy-five”, the word “sixty-six”

shall be substituted.

22. Amendment of section 29A.— In section

29A of the principal Act,—

(i) in clause (c),—

(A) for the words “has an account,”,

the words “at the time of submission of

the resolution plan has an account,” shall

be substituted;

(B) after the words and

figures “the Banking Regula-

tion Act, 1949”, the words “or

the guidelines of a financial

sector regulator issued under

any other law for the time being

in force,” shall be inserted;

be inserted, namely:—

‘Provided further that nothing in this

clause shall apply to a resolution

applicant where such applicant is a

financial entity and is not a related party

to the corporate debtor.

Explanation I.— For the purposes of

this proviso, the expression “related

party” shall not include a financial entity,

regulated by a financial sector regulator,

if it is a financial creditor of the corporate

debtor and is a related party of the

corporate debtor solely on account of

conversion or substitution of debt into

equity shares or instruments convertible

into equity shares, prior to the insolvency

commencement date.

Explanation II.— For the purposes of

this clause, where a resolution applicant

has an account, or an account of a

corporate debtor under the management

or control of such person or of whom such

person is a promoter, classified as non-

performing asset and such account was

acquired pursuant to a prior resolution

plan approved under this Code, then, the

provisions of this clause shall not apply

to such resolution applicant for a period

of three years from the date of approval

of such resolution plan by the

Adjudicating Authority under this Code;’;

(ii) for clause (d), the following clause

shall be substituted, namely:—

“(d) has been convicted for any offence

punishable with imprisonment—

(i) for two years or more under any

Act specified under the Twelfth

Schedule; or

(ii) for seven years or more under

any other law for the time being in

force:

Provided that this clause shall not

apply to a person after the expiry of a

period of two years from the date of his

release from imprisonment:

Provided further that this clause shall

not apply in relation to a connected

person referred to in clause (iii) of

Explanation I;”;

(iii) in clause (e), the following

proviso shall be inserted, namely:—

“Provided that this clause shall

not apply in relation to a connected

person referred to in clause (iii) of

Explanation I;”;

(iv) in clause (g), the following

proviso shall be inserted, namely:—

“Provided that this clause shall not

apply if a preferential transaction,

undervalued transaction, extortionate

credit transaction or fraudulent

transaction has taken place prior to the

acquisition of the corporate debtor by

the resolution applicant pursuant to a

resolution plan approved under this

Code or pursuant to a scheme or plan

approved by a financial sector regulator

or a court, and such resolution

applicant

has

not

otherwise

contributed to the preferential

transaction, undervalued transaction,

extortionate credit transaction or

fraudulent transaction;”;

(v) in clause (h),—

10 of 1949.

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(A) for the words “an enforceable

guarantee”, the words “a guarantee”

shall be substituted;

(B) after the words “under this

Code”, the words “and such guarantee

has been invoked by the creditor and

remains unpaid in full or part” shall be

inserted;

(vi) in clause (i), for the words “has been”,

the word “is” shall be substituted;

(vii) the Explanation occurring after

clause (j) shall be numbered as

Explanation I, and in Explanation I as so

numbered, for the proviso, the following

provisos shall be substituted, namely:—

‘Provided that nothing in clause (iii) of

Explanation I shall apply to a resolution

applicant where such applicant is a financial

entity and is not a related party of the

corporate debtor:

Provided further that the expression

“related party” shall not include a financial

entity, regulated by a financial sector

regulator, if it is a financial creditor of the

corporate debtor and is a related party of

the corporate debtor solely on account of

conversion or substitution of debt into equity

shares or instruments convertible into

equity shares, prior to the insolvency

commencement date;’;

(viii) after Explanation I as so numbered,

the following Explanation shall be inserted,

namely:—

‘Explanation II.— For the purposes

of this section, “financial entity” shall

mean the following entities which meet

such criteria or conditions as the

Central

Government

may,

consultation with the financial sector

regulator, notify in this behalf,

namely:—

(a) a scheduled bank;

(b) any entity regulated by a

foreign central bank or a securities

market regulator or other financial

sector regulator of a jurisdiction

outside India which jurisdiction is

compliant with the Financial Action

Task Force Standards and is a

signatory to the International

Organisation

Securities

Commissions Multilateral Memo-

randum of Understanding;

(c)

any

investment

vehicle, registered foreign

institutional

investor,

registered foreign portfolio

investor or a foreign

venture capital investor,

where the terms shall have

the meaning assigned to

them in regulation 2 of the

Foreign Exchange Mana-

gement (Transfer or Issue

of Security by a Person

Resident Outside India)

Regulations, 2017 made

under

the

Foreign

Exchange Management

Act, 1999;

(d) an asset recon-

struction

company

registered

with

the

Reserve Bank of India

under section 3 of the

Securitisation and Recon-

struction of Financial

Assets and Enforcement of

Security Interest Act, 2002;

(e) an Alternate Investment Fund

registered with the Securities and

Exchange Board of India;

(f) such categories of persons as

may be notified by the Central

Government.’.

23. Amendment of section 30.— In section

30 of the principal Act,—

(i) in sub-section (1), after the words

“resolution plan”, the words, figures and

letter “along with an affidavit stating that

he is eligible under section 29A” shall be

inserted;

(ii) in sub-section (2),—

42 of 1999.

54 of 2002.

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(A) in clauses (a) and (b), for the word

“repayment” at both the places where it

occurs, the word “payment” shall be

substituted;

(B) after clause (f), the following

Explanation shall be inserted, namely:—

“Explanation.— For the

purposes of clause (e), if any

approval of shareholders is

required

under

the

Companies Act, 2013 or any

other law for the time being

in force for the imple-

mentation of actions under

the resolution plan, such

approval shall be deemed to

have been given and it shall

not be a contravention of that

Act or law.”;

(iii) in sub-section (4),—

(a) for the word “seventy-five”, the

word “sixty-six” shall be substituted;

(b) after the third proviso, the

following proviso shall be inserted,

namely:—

“Provided also that the

eligibility criteria in section

29A as amended by the

Insolvency and Bank-

ruptcy Code (Amendment)

Ordinance, 2018 shall

apply to the resolution

applicant who has not

submitted resolution plan

the

date

commencement of the

Insolvency and Bank-

ruptcy Code (Amendment)

Ordinance, 2018.”.

24. Amendment of section 31.— In section

31 of the principal Act,—

(a) in sub-section (1), the following

proviso shall be inserted, namely:—

“Provided that the Adjudicating

Authority shall, before passing an order

for approval of resolution plan under this

sub-section, satisfy that the resolution

plan has provisions for its effective

implementation.”;

(b) after sub-section (3), the following

sub-section shall be inserted, namely:—

“(4) The resolution applicant shall,

pursuant to the resolution plan approved

under sub-section (1), obtain the

necessary approval required under any

law for the time being in force within a

period of one year from the date of

approval of the resolution plan by the

Adjudicating Authority under sub-

section (1) or within such period as

provided for in such law, whichever is

later:

Provided that where the

resolution plan contains a

provision for combination as

referred to in section 5 of the

Competition Act, 2002, the

resolution applicant shall obtain

the approval of the Competition

Commission of India under that

Act prior to the approval of

such resolution plan by the

committee of creditors.”.

25. Amendment of section 33.— In section

33 of the principal Act, in sub-section (2), after

the words “decision of the committee of

creditors”, the words “approved by not less

than sixty-six per cent. of the voting share”

shall be inserted.

26. Amendment of section 34.— In section

34 of the principal Act,—

(a) in sub-section (1), for the words and

figures “Chapter II shall”, the words and

figures “Chapter II shall, subject to

submission of a written consent by the

resolution professional to the Adjudicatory

Authority in specified form,” shall be

substituted;

(b) in sub-section (4),—

(i) in clause (b), for the words “in

writing”, the words “in writing; or” shall

be substituted;

18 of 2013.

Ord. 6 of

2018.

12 of 2003.

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11TH APRIL, 2019

(ii) after clause (b), the following clause

shall be inserted, namely:—

“(c) the resolution professional fails

to submit written consent under sub-

section (1).”;

brackets and letter “clause (a)”, the words,

brackets and letters “clauses (a) and (c)”

shall be substituted;

(d) in sub-section (6), after the words

“another insolvency professional”, the

words “along with written consent from the

insolvency professional in the specified

form,” shall be inserted.

27. Amendment of section 42.— In section

42 of the principal Act, after the words “of the

liquidator”, the words “accepting or” shall be

inserted.

28. Amendment of section 45.— In section

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

words and figures “of section 43” shall be

omitted.

29. Amendment of section 60.— In section

60 of the principal Act,—

(a) in sub-section (2), for the words

“bankruptcy of a personal guarantor of such

corporate debtor”, the words “liquidation

or bankruptcy of a corporate guarantor or

personal guarantor, as the case may be, of

such corporate debtor” shall be substituted;

(b) in sub-section (3), for the words

“bankruptcy proceeding of a personal

guarantor of the corporate debtor”, the

words

“liquidation

bankruptcy

proceeding of a corporate guarantor or

personal guarantor, as the case may be, of

the corporate debtor” shall be substituted.

30. Amendment of section 69.— In section

69 of the principal Act, for the words “On or

after the insolvency commencement date, if”,

the word “If” shall be substituted.

31. Amendment of section 76.— In section

76 of the principal Act,—

(a) in the marginal heading, for the word

“repayment”, the word “payment” shall be

substituted;

(b) in clause (a), for the word

“repayment”, the word “payment” shall be

substituted.

32. Amendment of section 196.— In section

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

(i) after clause (a), the following clause

shall be inserted namely:—

“(aa) promote the development of, and

regulate, the working and practices of,

insolvency professionals, insolvency

professional agencies and information

utilities and other institutions, in

furtherance of the purposes of this

Code;”;

(ii) in clause (c), for the words “for the

registration”, the words “for carrying out

the purposes of this Code, including fee for

registration and renewal” shall be

substituted.

33. Amendment of section 231.— In section

231 of the principal Act, for the words

“Adjudicating Authority” at both the places

where they occur, the words “Adjudicating

Authority or the Board” shall be substituted.

34. Inserting of new section 238A.— After

section 238 of the principal Act, the following

section shall be inserted, namely:—

“238A.

Limitation.—

The

provisions of the Limitation Act,

1963 shall, as far as may be, apply

to the proceedings or appeals

before the Adjudicating Authority,

the National Company Law

Appellate Tribunal, the Debt

Recovery Tribunal or the Debt

Recovery Appellate Tribunal, as

the case may be.”.

35. Amendment of section 239.— In section

239 of the principal Act, in sub-section (2), after

clause (e), the following clause shall be

inserted, namely:—

“(ea) other proof confirming that there is

no payment of an unpaid operational debt

by the corporate debtor or such other

information under clause (e) of sub-section

(3) of section 9;”.

36 of 1963.

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36. Amendment of section 240.— In section

240 of the principal Act, in sub-section (2),—

(i) clause (g) shall be omitted;

(ii) after clause (j), the following clause

shall be inserted, namely:—

(ja) the last date for submission of

claims under clause (c) of sub-section (1)

of section 15;”;

(iii) after clause (n), the following clauses

shall be inserted, namely:—

“(na) the number of creditors within a

class of creditors under clause (b) of sub-

section (6A) of section 21;

(nb) the remuneration payable to

authorised representative under clause

(ii) of the proviso to sub-section (6B) of

section 21;

(nc) the manner of voting and

determining the voting share in respect

of financial debts under sub-section (7)

of section 21;”.

37. Inserting of new section 240A.— After

section 240 of the principal Act, the following

section shall be inserted, namely:—

‘240A. Application of this Code to micro,

small and medium enterprises.— (1)

Notwithstanding anything to the contrary

contained in this Code, the provisions of

clauses (c) and (h) of section 29A shall not

apply to the resolution applicant in respect

of corporate insolvency resolution process

of any micro, small and medium enterprises.

(2) Subject to sub-section (1), the Central

Government may, in the public interest, by

notification, direct that any of the provisions

of this Code shall—

(a) not apply to micro, small and

medium enterprises; or

(b) apply to micro, small and medium

enterprises, with such modifications as

may be specified in the notification.

(3) A draft of every notification proposed

to be issued under sub-section (2), shall be

laid 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.

(4) If both Houses agree in disapproving

the issue of notification or both Houses agree

in making any modification in the

notification, the notification shall not be

issued or shall be issued only in such

modified form as may be agreed upon by

both the Houses, as the case may be.

(5) The period of thirty days referred to

in sub-section (3) shall not include any

period during which the House referred to

in sub-section (4) is prorogued or adjourned

for more than four consecutive days.

(6) Every notification issued under this

section shall be laid, as soon as may be after

it is issued, before each House of Parliament.

Explanation.— For the purposes

of this section, the expression

“micro, small and medium

enterprises” means any class or

classes of enterprises classified as

such under sub-section (1) of

section 7 of the Micro, Small and

Medium Enterprises Development

Act, 2006.’.

38. Insertion of new Schedule.— After the

Eleventh Schedule to the principal Act, the

following Schedule shall be inserted,

namely:—

“THE TWELFTH SCHEDULE

(See clause (d) of section 29A)

Acts for the Purposes of Clause (d) of Section 29A

(1) The Foreign Trade (Development and

Regulation) Act, 1922 (22 of 1922);

(2) The Reserve Bank of India Act, 1934

(2 of 1934);

(3) The Central Excise Act, 1944 (1 of 1944);

(4) The Prevention of Food Adulteration Act,

1954 (37 of 1954);

(5) The Essential Commodities Act, 1955

(10 of 1955);

27 of 2006.

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(6) The Securities Contracts (Regulation)

Act, 1956 (42 of 1956);

(7) The Income-tax Act, 1961 (43 of 1961);

(8) The Customs Act, 1962 (52 of 1962);

(9) The Water (Prevention and Control of

Pollution) Act, 1974 (6 of 1974);

(10) The Conservation of Foreign Exchange

and Prevention of Smuggling Activities Act,

1974 (52 of 1974);

(11) The Air (Prevention and Control of

Pollution) Act, 1981 (14 of 1981);

(12) The Sick Industrial Companies (Special

Provisions) Act, 1985 (1 of 1986);

(13) The Environment (Protection) Act, 1986

(29 of 1986);

(14) The Prohibition of Benami Property

Transactions Act, 1988 (45 of 1988);

(15) The Prevention of Corruption Act, 1988

(49 of 1988);

(16) The Securities and Exchange Board of

India Act, 1992 (15 of 1992);

(17) The Foreign Exchange Management

Act, 1999 (42 of 1999);

(18) The Competition Act, 2002 (12 of 2003);

(19) The Prevention of Money-laundering

Act, 2002 (15 of 2003);

(20) The Limited Liability Partnership Act,

2008 (6 of 2009);

(21) The Foreign Contribution (Regulation)

Act, 2010 (42 of 2010);

(22) The Companies Act, 2013 (18 of 2013)

or any previous company law;

(23) The Black Money (Undisclosed Foreign

Income and Assets) and Imposition of Tax Act,

2015 (22 of 2015);

(24) The Insolvency and Bankruptcy Code,

2016 (31 of 2016);

(25) The Central Goods and Services

Tax Act, 2017 (12 of 2017) and respective

State Acts imposing State goods and services

tax;

(26) such other Acts as may be notified by

the Central Government.

Every notification issued under this

Schedule shall be laid, as soon as may be

after it is issued, before each House of

Parliament.”.

39. Amendment of section 434 of Act 18 of

2013.— In section 434 of the Companies Act,

2013, [as substituted by paragraph 34 of the

Eleventh Schedule to the Insolvency and

Bankruptcy Code, 2016], in sub-section (1), in

clause (c), after the proviso, the following

proviso shall be inserted, namely:—

“Provided further that any

party

parties

any

proceedings relating to the

winding up of companies pending

before the any Court immediately

before the commencement of the

Insolvency and Bankruptcy Code

(Amendment) Ordinance, 2018,

may file an application for transfer

of such proceedings and the Court

may by order transfer such

proceedings to the Tribunal and

the proceedings so transferred

shall be dealt with by the Tribunal

as an application for initiation of

corporate insolvency resolution

process under the Insolvency and

Bankruptcy Code, 2016.”.

40. Repeal and savings.— (1) The

Insolvency and Bankruptcy Code

(Amendment) Ordinance, 2018 is

hereby repealed.

(2) Notwithstanding such repeal,

anything done or any action taken

under the Insolvency and Bank-

ruptcy Code, 2016, as amended by

the said Ordinance, shall be deemed

to have been done or taken under

the corresponding provisions of

the said Code, as amended by this

Act.

31 of 2016.

Ord. 6 of

2018.

31 of 2016.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

Notification

10/6/2018-LA-29

The National Commission for Backward

Classes (Repeal) Act, 2018 (Central Act No. 24

of 2018), which has been passed by Parliament

and assented to by the President on

14-08-2018 and published in the Gazette of

India, Extraordinary, Part II, Section 1, dated

14-08-2018, is hereby published for the general

information of the public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 29th January, 2019.

————

THE NATIONAL COMMISSION FOR

BACKWARD CLASSES (REPEAL)

ACT, 2018

ACT

to repeal the National Commission for

Backward Classes Act, 1993.

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 National Commission

for Backward Classes (Repeal) Act, 2018.

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

the Central Government may, by notification

in the Official Gazette, appoint.

2. Repeal and savings.— (1) The

National Commission for Backward

Classes Act, 1993 is hereby repealed

and the National Commission for

Backward Classes constituted under

sub-section (1) of section 3 of the

said Act shall stand dissolved.

(2) The repeal of the National

Commission for Backward Classes

Act, 1993 shall, however, not

affect,—

(i) the previous operation of the Act so

repealed or anything duly done or suffered

thereunder; or

(ii) any right, privilege, obligation or

liability acquired, accrued or incurred

under the Act so repealed; or

(iii) any penalty, confiscation or

punishment incurred in respect of any

contravention under the Act so repealed;

(iv) any proceeding or remedy in respect

of any such right, privilege, obligation,

liability, penalty, confiscation or punishment

as aforesaid, and any such proceeding or

remedy may be instituted, continued or

enforced,

and

any

such

penalty,

confiscation or punishment may be imposed

or made as if that Act had not been

repealed.

(3) The mention of the particular

matters referred to in sub-section (2)

shall not be held to prejudice or

affect the general application of

section 6 of the General Clauses Act,

1897 with regard to the effect of

repeal.

————

Notification

10/6/2018-LA-43

The Goods and Services Tax (Compensation

to States) Amendment Act, 2018 (Central Act

No. 34 of 2018), which has been passed by

Parliament and assented to by the President

on 29-08-2018 and published in the Gazette of

India, Extraordinary, Part II, Section 1, dated

30-08-2018, is hereby published for the general

information of the public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 29th January, 2019.

————

THE GOODS AND SERVICES TAX

(COMPENSATION TO STATES)

AMENDMENT ACT, 2018

ACT

further to amend the Goods and Services Tax

(Compensation to States) Act, 2017.

27 of 1993.

10 of 1897.

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SERIES I No. 2

11TH APRIL, 2019

Be it enacted by Parliament in the Sixty-

eighth Year of the Republic of India as

follows:—

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

Act may be called the Goods and Services Tax

(Compensation to States) 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

section 7 of the Goods and Services

Tax (Compensation to States) Act,

2017, (hereinafter referred to as the

principal Act), in sub-section (4), in

clause (b), in sub-clause (ii), for the

words “Central Board of Excise and

Customs”, the words “Central Board

of Indirect Taxes and Customs” shall

be substituted.

3. Amendment of section 10.— In section 10

of the principal Act, after sub-section (3), the

following sub-section shall be inserted,

namely:—

(3A)

Notwithstanding

anything

contained in sub-section (3), fifty per cent.

of such amount, as may be recommended

by the Council, which remains unutilised

in the Fund, at any point of time in any

financial year during the transition period

shall be transferred to the Consolidated

Fund of India as the share of Centre, and

the balance fifty per cent. shall be

distrubuted amongst the States in the ratio

of their base year revenue determined

in accordance with the provisions of

section 5:

Provided that in case of shortfall in the

amount collected in the Fund against the

requirement of compensation to be released

under section 7 for any two months’ period,

fifty per cent. of the same, but not exceeding

the total amount transferred to the Centre

and the States as recommended by the

Council, shall be recovered from the Centre

and the balance fifty per cent. from the

States in the ratio of their base year revenue

determined in accordance with the

provisions of section 5.”.

15 of 2017.

Notification

10/6/2018-LA-31

The Criminal Law (Amendment) Act, 2018

(Central Act No. 22 of 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 CRIMINAL LAW (AMENDMENT)

ACT, 2018

ACT

further to amend the Indian Penal Code,

Indian Evidence Act, 1872, the Code of

Criminal Procedure, 1973 and the Protection

of Children from Sexual Offences Act, 2012.

Be it enacted by Parliament in the Sixty-

-ninth Year of the Republic of India as

follows:—

CHAPTER I

Preliminary

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

Act may be called the Criminal Law

(Amendment) Act, 2018.

(2) It shall be deemed to have come into

force on the 21st day of April, 2018.

CHAPTER II

Amendments to the Indian Penal Code

2. Amendment of section 166A.—

In the Indian Penal Code (hereafter

in this Chapter referred to as the

Penal Code), in section 166A, in

clause (c), for the words, figures and

letters “section 376B, section 376C,

section 376D”, the words, figures

and letters “section 376AB, section

45 of 1860.

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11TH APRIL, 2019

376B, section 376C, section 376D,

section 376DA, section 376DB” shall

be substituted.

3. Amendment of section 228A.— In

section 228A of the Penal Code, in sub-

-section (1), for the words, figures and letters

“section 376A, section 376B, section 376C,

section 376D”, the words, figures and letters

“section 376A, section 376AB, section 376B,

section 376C, section 376D, section 376DA,

section 376DB” shall be substituted.

4. Amendment of section 376.— In section

376 of the Penal Code,—

(a) in sub-section (1), for the words

“shall not be less than seven years, but

which may extend to imprisonment for life,

and shall also be liable to fine”, the words

“shall not be less than ten years, but which

may extend to imprisonment for life, and

shall also be liable to fine” shall be

substituted;

(b) in sub-section (2), clause (i) shall

be omitted;

sub-section shall be inserted, namely:—

“(3) Whoever, commits rape on a

woman under sixteen years of age

shall be punished with rigorous

imprisonment for a term which shall

not be less than twenty years, but

which may extend to imprisonment

for

life,

which

shall

mean

imprisonment for the remainder of that

person’s natural life, and shall also be

liable to fine:

Provided that such fine shall be just

and reasonable to meet the medical

expenses and rehabilitation of the

victim:

Provided further that any fine

imposed under this sub-section shall

be paid to the victim.”.

5. Insertion of new section 376AB.— After

section 376A of the Penal Code, the following

section shall be inserted, namely:—

“376AB. Punishment for rape on woman

under twelve years of age.— Whoever,

commits rape on a woman under twelve

years of age shall be punished with

rigorous imprisonment for a term which

shall not be less than twenty years, but

which may extend to imprisonment for life,

which shall mean imprisonment for the

remainder of that person’s natural life, and

with fine or with death:

Provided that such fine shall be just and

reasonable to meet the medical expenses

and rehabilitation of the victim:

Provided further that any fine imposed

under this section shall be paid to the

victim.”.

6. Insertion of new sections 376DA and

376DB.— After section 376D of the Penal

Code, the following sections shall be inserted,

namely:—

“376DA. Punishment for gang rape on

woman under sixteen years of age.—

Where a woman under sixteen years of

age is raped by one or more persons

constituting a group or acting in

furtherance of a common intention, each

of those persons shall be deemed to have

committed the offence of rape and shall be

punished with imprisonment for life,

which shall mean imprisonment for the

remainder of that person’s natural life, and

with fine:

Provided that such fine shall be just and

reasonable to meet the medical expenses

and rehabilitation of the victim:

Provided further that any fine imposed

under this section shall be paid to the

victim.

376DB. Punishment for gang rape on

woman under twelve years of age.— Where

a woman under twelve years of age is

raped by one or more persons constituting

a group or acting in furtherance of a

common intention, each of those persons

shall be deemed to have committed the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

offence of rape and shall be punished with

imprisonment for life, which shall mean

imprisonment for the remainder of that

person’s natural life, and with fine, or with

death:

Provided that such fine shall be just and

reasonable to meet the medical expenses

and rehabilitation of the victim:

Provided further that any fine imposed

under this section shall be paid to the

victim.”.

7. Amendment of section 376E.— In

section 376E of the Penal Code, for the word,

figures and letter “section 376D”, the words,

figures and letters “section 376AB or section

376D or section 376DA or section 376DB,”

shall be substituted.

CHAPTER III

Amendments to the Indian Evidence

Act, 1872

8. Amendment of section 53A.—

In section 53A of the Indian

Evidence Act, 1872 (hereafter in this

Chapter referred to as the Evidence

Act), for the words, figures and

letters “section 376A, section 376B,

section 376C, section 376D”, the

words, figures and letters “section

376A, section 376AB, section 376B,

section 376C, section 376D, section

376DA, section 376DB” shall be

substituted.

9. Amendment of section 146.— In section

146 of the Evidence Act, in the proviso, for

the words, figures and letters “section 376A,

section 376B, section 376C, section 376D”,

the words, figures and letters “section 376A,

section 376AB, section 376B, section 376C,

section 376D, section 376DA, section 376DB”

shall be substituted.

CHAPTER IV

Amendments to the Code of Criminal

Procedure, 1973

10. Amendment of section 26.—

In the Code of Criminal Procedure,

1973 (hereafter in this Chapter

referred to as the Code of Criminal

Procedure), in section 26, in clause

(a), in the proviso, for the words,

figures and letters “section 376A,

section 376B, section 376C, section

376D”, the words, figures and

letters “section 376A, section

376AB, section 376B, section 376C,

section 376D, section 376DA, section

376DB” shall be substituted.

11. Amendment of section 154.— In section

154 of the Code of Criminal Procedure, in

sub-section (1),—

(i) in the first proviso, for the words,

figures and letters “section 376A, section

376B, section 376C, section 376D”, the

words, figures and letters “section 376A,

section 376AB, section 376B, section 376C,

section 376D, section 376DA, section

376DB,” shall be substituted;

(ii) in the second proviso, in clause (a),

for the words, figures and letters “section

376A, section 376B, section 376C, section

376D”, the words, figures and letters

“section 376A, section 376AB, section

376B, section 376C, section 376D, section

376DA,

section

376DB,”

shall

substituted.

12. Amendment of section 161.— In section

161 of the Code of Criminal Procedure, in

sub-section (3), in the second proviso, for the

words, figures and letters “section 376A,

section 376B, section 376C, section 376D”,

the words, figures and letters “section 376A,

section 376AB, section 376B, section 376C,

section 376D, section 376DA, section 376DB”

shall be substituted.

13. Amendment of section 164.— In section

164 of the Code of Criminal Procedure, in

sub-section (5A), in clause (a), for the words,

figures and letters “section 376A, section

376B, section 376C, section 376D”, the words,

figures and letters “section 376A, section

376AB, section 376B, section 376C, section

1 of 1872.

2 of 1974.

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SERIES I No. 2

11TH APRIL, 2019

376D, section 376DA, section 376DB” shall

be substituted.

14. Amendment of section 173.— In section

173 of the Code of Criminal Procedure,—

(i) in sub-section (1A), for the

words “rape of a child may be

completed within three months”,

the words, figures and letters “an

offence under sections 376, 376A,

376AB, 376B, 376C, 376D, 376DA,

376DB or 376E of the Indian Penal

Code shall be completed within

two months” shall be substituted;

(ii) in sub-section (2), in clause (i), in

sub-clause (h), for the word, figures and

letters “section 376, 376A, 376B, 376C,

376D”, the word, figures and letters

“sections, 376, 376A, 376AB, 376B, 376C,

376D, 376DA, 376DB” shall be substituted.

15. Amendment of section 197.— In section

197 of the Code of Criminal Procedure, in

sub-section (1), in the Explanation, for the

words, figures and letters “section 376A,

section 376C, section 376D”, the words,

figures and letters “section 376A, section

376AB, section 376C, section 376D, section

376DA, section 376DB” shall be substituted.

16. Amendment of section 309.—

In section 309 of the Code of

Criminal Procedure, in sub-section

(1), in the proviso, for the words,

figures and letters “section 376A,

section 376B, section 376C or

section 376D of the Indian Penal

Code, the inquiry or trial shall, as

far as possible,”, the words, figures

and letters “section 376A, section

376AB, section 376B, section 376C,

section 376D, section 376DA or

section 376DB of the Indian Penal

Code, the inquiry or trial shall,”

shall be substituted.

17. Amendment of section 327.— In section

327 of the Code of Criminal Procedure, in

sub-section (2), for the words, figures and

letters “section 376A, section 376B, section

376C, section 376D”, the words, figures and

letters “section 376A, section 376AB, section

376B, section 376C, section 376D, section

376DA, section 376DB” shall be substituted.

18.

Amendment

section

357B.— In section 357B of the Code

of Criminal Procedure, for the

words, figures and letters “under

section 326A or section 376D of the

Indian Penal Code”, the words,

figures and letters “under section

326A, section 376AB, section 376D,

section 376DA and section 376DB of

the Indian Penal Code” shall be

substituted.

19. Amendment of section 357C.— In

section 357C of the Code of Criminal

Procedure, for the figures and letters “376A,

376B, 376C, 376D”, the figures and letters

“376A, 376AB, 376B, 376C, 376D, 376DA,

376DB” shall be substituted.

20. Amendment of section 374.— In section

374 of the Code of Criminal Procedure, after

sub-section (3), the following sub-section

shall be inserted, namely:—

“(4) When an appeal has been

filed against a sentence passed

under section 376, section 376A,

section 376AB, section 376B,

section 376C, section 376D,

section 376DA, section 376DB or

section 376E of the Indian Penal

Code, the appeal shall be

disposed of within a period of six

months from the date of filing of

such appeal.”.

21. Amendment of section 377.— In section

377 of the Code of Criminal Procedure, after

sub-section (3), the following sub-section

shall be inserted, namely:—

“(4) When an appeal has been

filed against a sentence passed

under section 376, section 376A,

section 376AB, section 376B,

section 376C, section 376D,

section 376DA, section 376DB or

45 of 1860.

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section 376E of the Indian Penal

Code, the appeal shall be

disposed of within a period of six

months from the date of filing of

such appeal.”.

22. Amendment of section 438.— In section

438 of the Code of Criminal Procedure, after

sub-section (3), the following sub-section

shall be inserted, namely:—

“(4) Nothing in this section

shall apply to any case involving

the arrest of any person on

accusation of having committed

an offence under sub-section (3)

of section 376 or section 376AB

or section 376DA or section

376DB of the Indian Penal Code.”.

23. Amendment of section 439.— In section

439 of the Code of Criminal Procedure,—

(a) in sub-section (1), after the first

proviso, the following proviso shall be

inserted, namely:—

“Provided further that the

High Court or the Court of

Session shall, before granting

bail to a person who is accused

of an offence triable under sub-

-section (3) of section 376 or

section 376AB or section 376DA

or section 376DB of the Indian

Penal Code, give notice of the

application for bail to the Public

Prosecutor within a period of

fifteen days from the date of

receipt of the notice of such

application.”;

(b) after sub-section (1), the following

sub-section shall be inserted, namely:—

“(1A) The presence of the

informant or any person

authorised by him shall be

obligatory at the time of

hearing of the application for

bail to the person under sub-

section (3) of section 376 or

section 376AB or section 376DA

or section 376DB of the Indian

Penal Code.”.

45 of 1860.

Section

Offence

Punishment

Cognizable or

Bailable or

By what

Non-congnizable

Non-bailable

Court triable

“376

Rape.

Rigorous imprisonment

Cognizable

Non-bailable Court of

of not less than 10 years

Session.

but which may extend to

imprisonment for life and

with fine.

Rape by a police officer

Rigorous imprisonment

Cognizable

Non-bailable Court of

or a public servant or

of not less than 10 years

Session.

member of armed forces

but which may extend to

or a person being on

imprisonment for life which

the management or on

shall mean the remainder

the staff of a jail,

of that person’s natural

remand home or other

life and with fine.

place of custody or

women’s or children’s

institution or by a person

24. Amendment of First Schedule.— In the First Schedule to the Code of Criminal Procedure,

under the heading “I.— OFFENCES UNDER THE INDIAN PENAL CODE”,—

(a) for the entries relating to section 376, the following entries shall be substituted,

namely:—

45 of 1860.

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on the management or

on the staff of a hospital,

and rape committed by a

person in a position of

trust or authority towards

the person raped or by a

near relative of the person

raped.

Persons committing

Rigorous imprisonment

Cognizable

Non-bailable Court of

offence of rape on a

for a term which shall

Session.”;

woman under sixteen

not be less than 20 years

years of age.

but which may extend to

imprisonment for life, which

shall mean imprisonment

for the remainder of that

person’s natural life and

with fine.

(b) after the entries relating to section 376A, the following entries shall be inserted,

namely:—

“376AB

Person committing an

Rigorous imprisonment

Cognizable

Non-bailable Court of

offence of rape on a

of not less than 20 years

Session.”;

woman under twelve

but which may extend to

years of age.

imprisonment for life which

shall mean imprisonment

for the remainder of that

person’s natural life and

with fine or with death.

namely:—

“376DA

Gang rape on a woman

Imprisonment for life

Cognizable

Non-bailable Court of

under sixteen years of

which shall mean

Session.

age.

imprisonment for the

remainder of that person’s

natural life and with fine.

376DB

Gang rape on woman

Imprisonment for life which Cognizable

Non-bailable Court of

under twelve years of

shall mean imprisonment

Session.”.

age.

for the remainder of that

person’s natural life and

with fine or with death.

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CHAPTER V

Amendment to the Protection of Children

from Sexual Offences Act, 2012

25. Amendment of section 42 of Act No. 32

of 2012.— In section 42 of the Protection of

Children from Sexual Offences Act, 2012, for

the figures and letters “376A, 376C, 376D”,

the figures and letters “376A, 376AB, 376B,

376C, 376D, 376DA, 376DB” shall be

substituted.

26. Repeal and savings.— (1) The

Criminal

Law

(Amendment)

Ordinance, 2018 is hereby repealed.

(2) Notwithstanding such repeal,

anything done or any action taken

under the Indian Penal Code, the

Indian Evidence Act, 1872, the Code

of Criminal Procedure, 1973 and the

Protection of Children from Sexual

Offences Act, 2012, as amended by

the said Ordinance, shall be deemed

to have been done or taken under

the corresponding provisions of

those Acts, as amended by this Act.

————

Notification

10/6/2018-LA-30

The

Homoeopathy

Central

Council

(Amendment) Act, 2018 (Central Act No. 23 of

2018), which has been passed by Parliament

and assented to by the President on

13-08-2018 and published in the Gazette of

India, Extraordinary, Part II, Section 1, dated

13-08-2018, is hereby published for the general

information of the public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 29th January, 2019.

————

THE HOMOEOPATHY CENTRAL COUNCIL

(AMENDMENT) ACT, 2018

ACT

Ord. No.

2 of 2018.

45 of 1860.

1 of 1872.

2 of 1974.

32 of 2012.

further to amend the Homoeopathy Central

Council Act, 1973.

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 Homoeopathy Central

Council (Amendment) Act, 2018.

(2) It shall be deemed to have come into force

on the 18th day of May, 2018.

2. Insertion of new sections 3A, 3B

and 3C.— In the Homoeopathy

Central

Council

Act,

1973

(hereinafter referred to as the

principal Act), after section 3, the

following sections shall be inserted,

namely:—

“3A. Power of Central Government to

supersede Central Council and to constitute

a Board of Governors.— (1) On and from the

date of commencement of the Homoeopathy

Central Council (Amendment) Act, 2018,

the Central Council shall stand superseded

and the President, Vice-President and other

members of the Central Council shall vacate

their offices and shall have no claim for any

compensation, whatsoever.

(2) The Central Council shall be

reconstituted in accordance with the

provisions of section 3 within a period of one

year from the date of supersession of the

Central Council under sub-section (1).

(3) Upon the supersession of the Central

Council under sub-section (1) and until a new

Council is constituted in accordance with

section 3, the Board of Governors constituted

under sub-section (4) shall exercise the

powers and perform the functions of the

Central Council under this Act.

(4) The Central Government shall, by

notification in the Official Gazette, constitute

a Board of Governors which shall consist of

not more than seven persons as its members,

who shall be persons of eminence and of

unimpeachable integrity in the fields of

Homoeopathy and Homoeopathy education,

59 of 1973.

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and eminent administrators, and who may be

either nominated member or members, ex

officio, to be appointed by the Central

Government, one of whom shall be selected

by the Central Government as the Chairperson

of the Board of Governors.

(5) The Chairperson and the other

members, other than the members, ex officio,

shall be entitled to such sitting fee and

travelling and other allowances as may be

determined by the Central Government.

(6) The Board of Governors shall meet at

such time and such place and shall observe

such rules of procedure in regard to the

transaction of business at its meetings as is

applicable to the Central Council.

(7) Two-third of the members of the Board

of Governors shall constitute the quorum of

its meetings.

(8) No act or proceedings of the Board of

Governors shall be invalid merely by reason of—

(a) any vacancy in, or any defect in the

constitution of, the Board of Governors; or

(b) any irregularity in the procedure of

the Board of Governors not affecting the

merits of the case.

(9) A member having any financial or other

interest in any matter coming before the Board

of Governors for decision, shall disclose his

interest in the matter before he may, if allowed

by the Board of Governors, participate in such

proceedings.

(10) The Chairperson and other members

of the Board of Governors shall hold office

during the pleasure of the Central

Government.

3B. Certain modifications of Act.— During

the period when the Central Council stands

superseded,—

(a) the provisions of the Act shall be

construed as if for the words “Central

Council”, the words “Board of Governors”

were substituted;

(b) the Board of Governors shall exercise

the powers and discharge the functions of

the Central Council under this Act and for

this purpose, the provisions of this Act shall

have effect subject to the modification that

references therein to the Central Council

shall be construed as references to the

Board of Governors.

3C. Power of Central Government to give

directions.— (1) Without prejudice to the

provisions of this Act, the Board of Governors

or the Central Council after its reconstitution

shall, in exercise of its powers and in the

performance of its functions under this Act,

be bound by such directions on question of

policy, other than those relating to technical

and administrative matters, as the Central

Government may give in writing to it from time

to time:

Provided that the Board of Governors or the

Central Council, after its reconstitution shall,

as far as practicable, be given an opportunity

to express its view before any direction is

given under this sub-section.

(2) The decision of the Central Government

whether a question is a matter of policy or not

shall be final.”.

3. Insertion of new section 12C.— After

section 12B of the principal Act, the following

section shall be inserted, namely:—

“12C. Time for seeking permission for

certain existing medical colleges.— (1) If any

person has established a Homoeopathy

Medical College or any Homoeopathy

Medical College has opened a new or

higher course of study or training or

increased the admission capacity on or

before the date of commencement of

the

Homoeopathy

Central

Council

(Amendment) Act, 2018, such person or

Homoeopathy Medical College, as the case

may be, shall seek, within a period of one

year from the said commencement,

permission of the Central Government, in

accordance with the provisions specified in

the regulations made by the Central Council.

(2) If any person or Homoeopathy Medical

College, as the case may be, fails to seek

permission under sub-section (1), the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 2

11TH APRIL, 2019

provisions of section 12B shall apply, as far

as may be, as if the Central Government has

been refused.”.

4. Repeal and saving.— (1) The

Homoeopathy Central Council

(Amendment) Ordinance, 2018 is

hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the principal

Act, as amended by the said Ordinance shall

be deemed to have been done or taken under

the principal Act as amended by this Act.

————

Notification

10/6/2018-LA-35

The Negotiable Instruments (Amendment)

Act, 2018 (Central Act No. 20 of 2018), which

has been passed by Parliament and assented

to by the President on 02-08-2018 and

published in the Gazette of India,

Extraordinary, Part II, Section 1, dated

02-08-2018, is hereby published for the general

information of the public.

Julio Barbosa Noronha, Joint Secretary (Law).

Porvorim, 29th January, 2019.

___

THE NEGOTIABLE INSTRUMENTS

(AMENDMENT) ACT, 2018

ACT

further to amend the Negotiable Instruments

Act, 1881.

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 Negotiable Instruments

(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. Insertion of new section 143A.—

In the Negotiable Instruments Act,

1881 (hereinafter referred to as the

principal Act), after section 143, the

following section shall be inserted,

namely:—

“143A. Power to direct interim

compensation.— (1) Notwith-

standing anything contained in

the Code of Criminal Procedure,

1973, the Court trying an offence

under section 138 may order the

drawer of the cheque to pay

interim compensation to the

complainant—

(a) in a summary trial or a summons

case, where he pleads not guilty to the

accusation made in the complaint; and

(b) in any other case, upon framing of

charge.

(2) The interim compensation under sub-

section (1) shall not exceed twenty per cent.

of the amount of the cheque.

(3) The interim compensation shall be paid

within sixty days from the date of the order

under sub-section (1), or within such further

period not exceeding thirty days as may be

directed by the Court on sufficient cause being

shown by the drawer of the cheque.

(4) If the drawer of the cheque is acquitted,

the Court shall direct the complainant to repay

to the drawer the amount of interim

compensation, with interest at the bank rate

as published by the Reserve Bank of India,

prevalent at the beginning of the relevant

financial year, within sixty days from the date

of the order, or within such further period not

exceeding thirty days as may be directed by

the Court on sufficient cause being shown by

the complainant.

(5) The interim compensation

payable under this section may be

recovered as if it were a fine under

section 421 of the Code of Criminal

Procedure, 1973.

(6) The amount of fine imposed

under section 138 or the amount of

Ord. 4 of

2018.

26 of 1881.

2 of 1974.

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SERIES I No. 2

11TH APRIL, 2019

compensation awarded under

section 357 of the Code of Criminal

Procedure, 1973, shall be reduced by

the amount paid or recovered as

interim compensation under this

section.”.

3. Insertion of new section 148.— In the

principal Act, after section 147, the following

section shall be inserted, namely:—

“148. Power of Appellate Court

to order payment pending appeal

against conviction.— (1) Notwith-

standing anything contained in

the Code of Criminal Procedure,

1973, in an appeal by the drawer

against conviction under section

138, the Appellate Court may order

the appellant to deposit such sum

which shall be a minimum of

twenty per cent. of the fine or

compensation awarded by the

trial Court:

Provided that the amount payable under this

sub-section shall be in addition to any interim

2 of 1974.

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compensation paid by the appellant under

section 143A.

(2) The amount referred to in sub-section

(1) shall be deposited within sixty days from

the date of the order, or within such further

period not exceeding thirty days as may be

directed by the Court on sufficient cause being

shown by the appellant.

(3) The Appellate Court may direct the

release of the amount deposited by the

appellant to the complainant at any time

during the pendency of the appeal:

Provided that if the appellant is acquitted,

the Court shall direct the complainant to repay

to the appellant the amount so released, with

interest at the bank rate as published by the

Reserve Bank of India, prevalent at the

beginning of the relevant financial year, within

sixty days from the date of the order, or within

such further period not exceeding thirty

days as may be directed by the Court on

sufficient cause being shown by the

complainant.”