117

Panaji, 9th May, 2019 (Vaisakha 19, 1941)

SERIES I No. 6

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]

INDEX

Department

Notification/Order

Subject

Pages

Agriculture

Addm.- 3/1/Agri.Mech/AD(AE)/

Addendum

117

Dir. & ex officio Jt. Secy.

/2019-20/D.Agri/30

2.a. Law & Judiciary

Not.- 10/4/2019-LA-111

The Banning of Unregulated Deposit

117

Joint Secretary

Schemes Ordinance, 2019

b. — do —

Not.- 10/4/2019-LA-144

The Central Educational Institutions

135

(Reservation in Teachers’ Cadre) Ordinance, 2019.

Town & Country

1/6/TCP/RR’s/Part/2018-19/772

The Goa Town & Country Planning (Chief

137

Town Planner Qualifications) Rules, 2019.

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

——

Addendum

3/1/Agri.Mech/AD(AE)/2019-20/D.Agri/30

Read:- Notification No. 3/1/AD (AE)/2017-18/

/D.Agri/120 dated 30-08-2017 and

published in Official Gazette,

Government of Goa, Series I

No. 23 dated 07-09-2017.

In the above referred notification, the

following addendum is issued:

In Annexure V appended to the above cited

notification, the following Machineries are

included in the list of eligible Machineries/

Equipments for subsidy under the notified

scheme of “Promotion of Mechanization in

Agriculture”.

1. Mini Excavator.

2. Tractor Mounted Water Tanker with

Trailer.

Eligibility.— Registered farmers societies;

clubs, NGO’s; Trusts, registered Groups etc.

Pattern of Assistance.— 75% of the

standard cost or actual cost, whichever is

less for Mini Excavator & 50% of the standard

cost or actual cost whichever is less for

Tractor Mounted Water Tanker.

Other contents of the notification remain

the same.

This issues with the approval of the

Government vide U.O. No. 2342 dated

29-04-2019.

By order and in the name of Governor of

Goa.

Madhav B. Kelkar, Director & ex officio Joint

Secretary (Agriculture).

Tonca-Caranzalem, 6th May, 2019.

———ttt———

Department of Law & Judiciary

Legal Affairs Division

Notification

10/4/2019-LA-111

The Banning of Unregulated Deposit

Schemes Ordinance, 2019 (Ordinance No. 7

of 2019), which has been promulgated by the

President in the Seventieth Year of the

OFFICIAL GAZETTE — GOVT. OF GOA

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118

Republic of India and published in the Gazette

of India, Extraordinary, Part II, Section I dated

21-2-2019, is hereby published for the general

information of the public.

Julio B. Noronha, Joint Secretary (Law).

Porvorim, 1st April, 2019.

————

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 21st February, 2019/

Phalguna 2,1940 (Saka)

THE BANNING OF UNREGULATED

DEPOSIT SCHEMES ORDINANCE, 2019

No. 7 of 2019

Promulgated by the President in the

Seventieth Year of the Republic of India.

Ordinance

provide

for

comprehensive mechanism to ban the

unregulated deposit schemes and to protect

the interest of depositors and for matters

connected therewith or incidental thereto.

Whereas the Banning of Unregulated

Deposit Schemes Bill, 2019 was passed on

the 13th day of February, 2019 in the House

of the People;

And whereas the said Bill could not be

taken up for consideration and passing 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 Banning

of Unregulated Deposit Schemes Ordinance,

2019.

(2) It extends to the whole of India except

the State of Jammu and Kashmir.

(3) It shall come into force at once.

2. Definitions.— In this Ordinance, unless

the context otherwise requires,—

(1) “appropriate Government” means in

respect of matters relating to,—

(i) the Union territory without

legislature, the Central Government;

(ii) the Union territory of Puducherry,

the Government of that Union territory;

(iii) the Union territory of Delhi, the

Government of that Union territory; and

(iv) the State, the State Government;

(2) “company” shall have the

same meaning as assigned to it

in clause (20) of section 2 of the

Companies Act, 2013;

(3) “Competent Authority” means an

Authority appointed by the appropriate

Government under section 7;

(4) “deposit” means an amount of money

received by way of an advance or loan or

in any other form, by any deposit taker

with a promise to return whether after a

specified period or otherwise, either in

cash or in kind or in the form of a specified

service, with or without any benefit in the

form of interest, bonus, profit or in any

other form, but does not include—

(a) amounts received as loan

from a scheduled bank or a co-

operative bank or any other

banking company as defined

in section 5 of the Banking

Regulation Act, 1949;

(b) amounts received as loan

or financial assistance from the

Public Financial Institutions

notified

the

Central

Government in consultation

with the Reserve Bank of India

or any non-banking financial

company as defined in clause

18 of 2013.

10 of 1949.

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119

(f) of section 45-I of the Reserve

Bank of India Act, 1934 and is

registered with the Reserve

Bank of India or any Regional

Financial

Institutions

insurance companies;

appropriate Government, or any amount

received from any other source whose

repayment is guaranteed by the

appropriate Government, or any amount

received from a statutory authority

constituted under an Act of Parliament

or a State Legislature;

(d) amounts received from

foreign Governments, foreign

or international banks, multila-

teral financial institutions,

foreign Government owned

development financial institu-

tions, foreign export credit

collaborators, foreign bodies

corporate, foreign citizens,

foreign authorities or person

resident outside India subject

to the provisions of the Foreign

Exchange Management Act,

1999 and the rules and

regulations made there under;

(e) amounts received by way of

contributions towards the capital by

partners of any partnership firm or a

limited liability partnership;

(f) amounts received by an individual

by way of loan from his relatives or

amounts received by any firm by way

of loan from the relatives of any of its

partners;

(g) amounts received as credit by a

buyer from a seller on the sale of any

property

(whether

movable

immovable);

(h) amounts received by an

asset re-construction company

which is registered with the

Reserve Bank of India under

section 3 of the Securitisation

and Reconstruction of Financial

Assets and Enforcement of

Security Interest Act, 2002;

(i) any deposit made under

section 34 or an amount

accepted by a political party

under section 29B of the

Representation of People Act,

1951;

(j) any periodic payment made by the

members of the self-help groups

operating within such ceilings as may

be prescribed by the State Government

or Union territory Government;

(k) any other amount collected for

such purpose and within such ceilings

as may be prescribed by the State

Government;

(l) an amount received in the course

of, or for the purpose of, business and

bearing a genuine connection to such

business including-

(i) payment, advance or part

payment for the supply or hire of

goods or provision of services and is

repayable in the event the goods or

services are not in fact sold, hired or

otherwise provided;

(ii) advance received in connection

with consideration of an immovable

property under an agreement or

arrangement subject to the condition

that such advance is adjusted against

such immovable property as specified

in terms of the agreement or

arrangement;

(iii) security or dealership deposited

for the performance of the contract for

supply of goods or provision of

services; or

(iv) an advance under the long-

term projects for supply of capital

goods except those specified in

item (ii):

2 of 1934.

42 of 1999.

54 of 2002.

43 of 1951.

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Provided that if the amounts

received under items (i) to (iv) become

refundable, such amounts shall be

deemed to be deposits on the expiry

of fifteen days from the date on which

they become due for refund:

Provided further that where the

said amounts become refundable, due

to the deposit taker not obtaining

necessary permission or approval

under the law for the time being in

force, wherever required, to deal in

the goods or properties or services

for which money is taken, such

amounts shall be deemed to be

deposits.

Explanation.– For the purposes of this

clause,—

(i)

respect

company, the expression

“deposit” shall have the

same meaning as assigned

to it under the Companies

Act, 2013;

(ii) in respect of a non-

banking financial company

registered under the Reserve

Bank of India Act, 1934, the

expression “deposit” shall

have the same meaning as

assigned to it in clause (bb)

of the section 45-1 of the

said Act;

(iii)

the

expressions

“partner” and “firm” shall

have the same meanings as

respectively assigned to

them under the Indian

Partnership Act, 1932;

(iv)

the

expression

“partner” in respect of a

limited liability partnership

shall have the same meaning

as assigned to it in clause

(q) of section 2 of the Limited

Liability Partnership Act,

2008;

(v)

the

expression

“relative” shall have the

same meaning as assigned

to it in the Companies Act,

2013;

(5) “depositor” means any person who

makes a deposit under this Ordinance;

(6) “deposit taker” means–

(i) any individual or group of

individuals;

(ii) a proprietorship concern;

(iii) a partnership firm (whether

registered or not);

(iv)

limited

liability

partnership registered under

the

Limited

Liability

Partnership Act, 2008;

(v) a company;

(vi) an association of persons;

(vii) a trust (being a private

trust governed under the

provisions of the Indian Trusts

Act, 1882 or a public trust,

whether registered or not);

(viii) a co-operative society or a multi-

State co-operative society; or

(ix) any other arrangement of

whatsoever nature,

receiving or soliciting deposits, but

does not include—

(i) a Corporation incorporated under

an Act of Parliament or a State

Legislature;

(ii) a banking company, a

corresponding new bank, the

State Bank of India, a

subsidiary bank, a regional

rural bank, a co-operative

bank or a multi-State co-

operative bank as defined in

the Banking Regulation Act,

1949;

18 of 2013.

2 of 1934.

9 of 1932.

6 of 2009.

18 of 2013.

6 of 2009.

2 of 1882.

10 of 1949.

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(7) “Designated Court” means a

Designated Court constituted by the

appropriate Government under section 8;

(8) “insurer” shall have the

same meaning as assigned to it

in clause (9) of section 2 of the

Insurance Act, 1938;

(9) “notification” means a notification

published in the Official Gazette and the

expression “notify” shall be construed

accordingly;

(10) “person” includes—

(i) an individual;

(ii) a Hindu Undivided Family;

(iii) a company;

(iv) a trust;

(v) a partnership firm;

(vi) a limited liability partnership;

(vii) an association of persons;

(viii) a co-operative society registered

under any law for the time being in

force relating to co-operative societies;

(ix) every artificial juridical person,

not falling within any of the preceding

sub-clauses;

(11) “prescribed” means prescribed by

the rules made by the Central Government

or, as the case may be, the State

Government under this Ordinance;

(12) “property” means any property or

assets of every description, whether

corporeal or incorporeal, movable or

immovable, tangible or intangible, and

includes deeds and instruments evidencing

title to, or interest in, such property or

assets, wherever located;

(13)

“public

financial

institution” shall have the same

meaning as assigned to it in

clause (72) of section 2 of the

Companies Act, 2013;

(14) “Regulated Deposit Scheme” means

the Schemes specified under column (3)

of the First Schedule;

(15) “Regulator” means the Regulator

specified in column (2) of the First

Schedule;

(16) “Schedule” means the Schedules

appended to this Ordinance;

(17) “Unregulated Deposit Scheme”

means a Scheme or an arrangement under

which deposits are accepted or solicited

by any deposit taker by way of business

and which is not a Regulated Deposit

Scheme, as specified under column (3) of

the First Schedule.

CHAPTER II

Banning of Unregulated Deposit Scheme

3. Banning of Unregulated Deposit

Schemes.— On and from the date of

commencement of this Ordinance,—

(a) the Unregulated Deposit Schemes

shall be banned; and

(b) no deposit taker shall, directly or

indirectly, promote, operate, issue any

advertisement soliciting participation or

enrolment in or accept deposits in

pursuance of an Unregulated Deposit

Scheme.

4. Fraudulent default in Regulated Deposit

Schemes.— No deposit taker, while accepting

deposits pursuant to a Regulated Deposit

Scheme, shall commit any fraudulent default

in the repayment or return of deposit on

maturity or in rendering any specified service

promised against such deposit.

5. Wrongful inducement in relation to

Unregulated Deposit Schemes.— No person

by whatever name called shall knowingly

make any statement, promise or forecast

which is false, deceptive or misleading in

material facts or deliberately conceal any

material facts, to induce another person to

invest in, or become a member or participant

of any Unregulated Deposit Scheme.

4 of 1938.

18 of 2013.

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122

Certain

scheme

Unregulated Deposit Scheme.— A

prize chit or a money circulation

scheme

banned

under

the

provisions of the Prize Chits and

Money

Circulation

Scheme

(Banning) Act, 1978 shall be deemed

to be an Unregulated Deposit

Scheme under this Ordinance.

CHAPTER III

Authorities

7. Competent Authority.— (1) The

appropriate Government shall, by notification,

appoint one or more officers not below the

rank of Secretary to that Government, as the

Competent Authority for the purposes of this

Ordinance.

(2) The appropriate Government may, by

notification, appoint such other officer or

officers as it thinks fit, to assist the Competent

Authority in discharging its functions under

this Ordinance.

(3) Where the Competent Authority or

officers appointed under sub-section (2), for

the purposes of this section, has reason to

believe (the reason for such belief to be

recorded in writing), on the basis of such

information and particulars as may be

prescribed that any deposit taker is soliciting

deposits in contravention of section 3, he

may, by order in writing, provisionally attach

the deposits held by the deposit taker and

the money or other property acquired either

in the name of the deposit taker or in the

name of any other person on behalf of the

deposit taker from the date of the order, in

such manner as may be prescribed.

(4) The Competent Authority

shall, for the purposes of sub-section

(3), have the same powers as vested

in a civil court under the Code of

Civil

Procedure,

1908

while

conducting investigation or inquiry

in respect of the following matters,

namely:—

(a) discovery and inspection;

(b) enforcing the attendance of any

person, including any officer of a reporting

entity and examining him on oath;

(d) receiving evidence on affidavits;

(e) issuing commissions for examination

of witnesses and documents; and

(f) any other matter which may be

prescribed.

(5) The Competent Authority shall have

power to summon any person whose

attendance he considers necessary whether

to give evidence or to produce any records

during the course of any investigation or

proceeding under this section.

(6) All the persons so summoned shall be

bound to attend in person or through

authorised agents, as such officer may direct,

and shall be bound to state the truth upon

any subject respecting which they are

examined or make statements, and produce

such documents as may be required.

(7) Every proceeding under sub-

-sections (4) and (5) shall be

deemed to be a judicial proceeding

within the meaning of section 193

and section 228 of the Indian Penal

Code.

(8) Subject to any rules made in this behalf

by the Central Government, any officer

referred to in sub-section (2) may impound

and retain in his custody for such period, as

he thinks fit, any records produced before

him in any proceedings under this Ordinance:

Provided that the officers referred to in

sub-section (2) shall not—

(a) impound any records without

recording his reasons for so doing; or

(b) retain in his custody any such records

for a period exceeding three months,

without obtaining the previous approval of

the Competent Authority.

8. Designated Court.— (1) The appropriate

Government shall, with the concurrence of

the Chief Justice of the concerned High

43 of 1978.

5 of 1908.

45 of 1860.

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Court, by notification, constitute one or more

Courts known as the Designated Courts for

such area or areas or such case or cases as

may be specified in such notification, which

shall be presided over by a Judge not below

the rank of a District and Sessions Judge or

Additional District and Sessions Judge.

(2) No Court other than the Designated

Court shall have jurisdiction in respect of

any matter to which the provisions of this

Ordinance apply.

(3) When trying an offence under

this Ordinance, the Designated

Court may also try an offence,

other than an offence under this

Ordinance, with which the accused

may, under the Code of Criminal

Procedure, 1973, be charged at the

same trial.

CHAPTER IV

Information on deposit takers

9. Central database.— (1) The Central

Government may designate an authority,

whether existing or to be constituted, which

shall create, maintain and operate an online

database for information on deposit takers

operating in India.

(2) The authority designated under sub-

section (1) may require any Regulator or the

Competent Authority to share such

information on deposit takers, as may be

prescribed.

10. Intimation of business by deposit

taker.— (1) Every deposit taker which

commences or carries on its business as

such on or after the commencement of this

Ordinance shall intimate the authority referred

to in sub-section (1) of section 9 about its

business in such form and manner and

within such time, as may be prescribed.

(2) The Competent Authority may, if it has

reason to believe that the deposits are being

solicited or accepted pursuant to an

Unregulated Deposit Scheme, direct any

deposit taker to furnish such statements,

information or particulars, as it considers

necessary, relating to or connected with the

deposits received by such deposit taker.

Explanation.— For the removal of doubts,

it is hereby clarified that—

(a) the requirement of intimation under

sub-section (1) is applicable to deposit takers

accepting or soliciting deposits as defined in

clause (4) of section 2; and

(b) the requirement of intimation

under sub-section (1) applies to a

company, if the company accepts

the deposits under Chapter V of the

Companies Act, 2013.

11. Information to be shared.— (1) The

Competent Authority shall share all

information received under section 29 with

the Central Bureau of Investigation and with

the authority which may be designated by

the Central Government under section 9.

(2) The appropriate Government, any

Regulator, income-tax authorities or any other

investigation agency, having any information

or documents in respect of the offence

investigated under this Ordinance by the

police or the Central Bureau of Investigation,

shall share all such information or documents

with the police or the Central Bureau of

Investigation.

(3) Where the principal officer of any

banking company, a corresponding new

bank, the State Bank of India, a subsidiary

bank, a regional rural bank, a co-operative

bank or a multi-State co-operative bank has

reason to believe that any client is a deposit

taker and is acting in contravention to the

provisions of this Ordinance, he shall forthwith

inform the same to the Competent Authority.

CHAPTER V

Restitution to depositors

12. Priority of depositors’ claim.—

Save as otherwise provided in the

Securitisation and Reconstruction

of Financial Assets and Enforcement

of Security Interest Act, 2002 or the

Insolvency and Bankruptcy Code,

2016, any amount due to depositors

2 of 1974.

18 of 2013.

54 of 2002.

31 of 2016.

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from a deposit taker shall be paid

in priority over all other debts and

all revenues, taxes, cesses and other

rates payable to the appropriate

Government or the local authority.

13. Precedence of attachment.—

(1) Save as otherwise provided in

the Securitization and Recon-

struction of Financial Assets and

Enforcement of Security Interest

Act, 2002 or the Insolvency and

Bankruptcy Code, 2016, an order of

provisional attachment passed by

the Competent Authority, shall have

precedence and priority, to the

extent of the claims of the

depositors,

over

any

other

attachment by any authority

competent to attach property for

repayment of any debts, revenues,

taxes, cesses and other rates

payable

the

appropriate

Government or the local authority.

(2) Where an order of provisional

attachment has been passed by the

Competent Authority—

(a) such attachment shall continue until

an order is passed under sub-section (3)

or sub-section (5) of section 15 by the

Designated Court;

(b) all the attached money or property

of the deposit taker and the persons

mentioned therein shall vest in the

Competent Authority and shall remain so

vested till further order of the Designated

Court.

(3) The Competent Authority shall open an

account in a scheduled bank for the purpose

of crediting and dealing with the money

realised under this Ordinance, which shall

not be utilised except under the instructions

of the Designated Court.

(4) The Competent Authority shall not

dispose of or alienate the property or money

attached except in accordance with the

order of the Designated Court under sub-

section (3) or sub-section (5) of section 15.

(5) Notwithstanding anything contained in

sub-section (4), the Competent Authority

may, if it thinks it expedient, order the

immediate sale of perishable items or assets,

and the proceeds of the sale shall be utilised

in the same manner as provided for other

property.

14. Application for confirmation of

attachment and sale of property.— (1) The

Competent Authority shall, within a period

of thirty days, which may extend up to sixty

days, for reasons to be recorded in writing,

from the date of the order of provisional

attachment, file an application with such

particulars as may be prescribed, before the

Designated Court for making the provisional

attachment absolute, and for permission to

sell the property so attached by public

auction or, if necessary, by private sale.

(2) In case where the money or property

has been attached on the permission granted

by a Designated Court in another State or

Union

territory,

the

application

for

confirmation of such attachment shall be

filed in that Court.

15. Confirmation of attachment by

Designated Court.— (1) Upon receipt of an

application under section 14, the Designated

Court shall issue notice to—

(a) the deposit taker; and

(b) any person whose property is

attached under section 14,

to show cause, within a period of thirty

days from the date of issue of notice, as

to why the order of attachment should not

be made absolute and the properties so

attached be sold.

(2) The Designated Court shall also issue

notice to all other persons represented to it as

having or being likely to claim any interest or

title in the property, to appear on the same

date as persons referred to in sub-section (1)

to raise objections, if they so desire, to the

attachment of the property.

(3) The Designated Court shall, after

adopting such procedure as may be

prescribed, pass an order—

54 of 2002.

31 of 2016.

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125

(a) making the provisional order of

attachment absolute; or

(b) varying it by releasing a portion of the

property from attachment; or

attachment,

and in case of an order under clause (a)

or clause (b), direct the Competent Authority

to sell the property so attached by public

auction or, if necessary, by private sale and

realise the sale proceeds:

(4) The Designated Court shall not, in

varying or cancelling the provisional order of

attachment, release any property from

attachment, unless it is satisfied that—

(a) the deposit taker or the person referred

to in sub-section (1) has interest in such

property; and

(b) there shall remain an amount or

property sufficient for repayment to the

depositors of such deposit taker.

(5) The Designated Court shall pass such

order or issue such direction as may be

necessary for the equitable distribution among

the depositors of the money attached or

realised out of the sale.

(6) The Designated Court shall endeavor to

complete the proceedings under this section

within a period of one hundred and eighty days

from the date of receipt of the application

referred to in sub-section (1),

16. Attachment of property of malafide

transferees.— (1) Where the Designated Court

is satisfied that there is a reasonable cause for

believing that the deposit taker has transferred

any property otherwise than in good faith and

not for commensurate consideration, it may,

by notice, require any transferee of such

property, whether or not he received the

property directly from the said deposit taker,

to appear on a date to be specified in the notice

and show cause why so much of the

transferee’s property as is equivalent to the

proper value of the property transferred should

not be attached.

(2) Where the said transferee does not

appear and show cause on the specified date

or where the Designated Court is satisfied that

the transfer of the property to the said

transferee was not a bonafide transfer and not

for commensurate consideration, it shall order

the attachment of so much of the said

transferee’s property as in its opinion is

equivalent to the proper value of the property

transferred.

17. Payment in lieu of attachment.— (1) Any

deposit taker or a person referred to in sub-

section (1) of section 15, or transferee referred

to in section 16 whose property is about to be

attached or has been provisionally attached

under this Ordinance, may, at any time before

the confirmation of attachment, apply to the

Designated Court for permission to deposit the

fair value of the property in lieu of attachment.

(2) While allowing the deposit taker or

person or transferee referred to in sub-section

(1) to make the deposit under sub-section (1),

the Designated Court may order such deposit

taker or person or transferee to pay any sum

towards costs as may be applicable.

18. Powers of Designated Court.— (1) The

Designated Court shall exercise the following

powers, namely:—

(a) power to approve the statement of

dues of the deposit taker due from various

debtors;

(b) power to assess the value of the assets

of the deposit taker and finalise the list of

the depositors and their respective dues;

Authority to take possession of any assets

belonging to or in the control of the deposit

taker and to sell, transfer or realise the

attached assets, either by public auction or

by private sale as it deems fit depending

upon the nature of assets and credit the sale

proceeds thereof to its bank account:

(d) power to approve the necessary

expenditure to be incurred by the

Competent Authority for taking possession

and realisation of the assets of the deposit

taker;

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(e) power to pass an order for full payment

to the depositors by the Competent

Authority or an order for proportionate

payment to the depositors in the event the

money so realised is not sufficient to meet

the entire deposit liability;

(f) power to direct any person, who has

made profit or averted loss by indulging in

any transaction or activity in contravention

of the provisions of this Ordinance, to

disgorge an amount equivalent to the

wrongful game made or loss averted by such

contravention; and

(g) power to pass any other order which

the Designated Court deems fit for

realisation of assets of the deposit taker and

for repayment of the same to the depositors

of such deposit taker or on any other matter

or issue incidental thereto.

(2) On the application of any person

interested in any property attached and vested

in the Competent Authority under this

Ordinance and after giving such Competent

Authority an opportunity of being heard, make

such order as the Designated Court considers

just and reasonable for—

(a) providing from such of the property

attached and vested in the Competent

Authority as the applicant claims an interest

in, such sums as may be reasonably

necessary for the maintenance of the

applicant and of his family, and for expenses

connected with the defence of the applicant

where criminal proceedings have been

initiated against him in the Designated Court

under this Ordinance; or

(b) safeguarding, so far as may be

practicable, the interest of any business

affected by the attachment.

Explanation.— For the purposes of this

section, the expression “deposit taker”

includes the directors, promoters, managers

or members of said establishment or any other

person whose property or assets have been

attached under this Ordinance.

19. Appeal to High Court.— Any person

including the Competent Authority, if

aggrieved by any final order of the Designated

Court under this Chapter, may appeal to the

High Court, within a period of sixty days from

the date of such order:

Provided that the High Court may entertain

the appeal after the expiry of the said period

of sixty days, if it is satisfied that the appellant

was prevented by sufficient cause from

preferring the appeal in time.

Explanation.— The expression “High

Court” means the High Court of a State or

Union territory where the Designated Court

is situated.

20. Power of Supreme Court to transfer

cases.— (1) Whenever it is made to appear to

the Supreme Court that there is a default in

any deposit scheme or deposit schemes of

the nature referred to in section 30, the

Supreme Court may, by an order, direct that

any particular case be transferred from one

Designated Court to another Designated

Court.

(2) The Supreme Court may act under this

section only on an application filed by the

Competent Authority or any interested party,

and every such application shall be

supported by an affidavit.

(3) Where an application for the exercise

of the powers conferred by this section is

dismissed, the Supreme Court may, if it is of

opinion that the application was frivolous or

vexatious, order the applicant to pay by way

of compensation to any person who has

opposed the application such sum not

exceeding fifty thousand rupees as it may

consider appropriate in the circumstances of

the case.

CHAPTER VI

Offences and Punishments

21. Punishment for Contravention of section

3.— (1) Any deposit taker who solicits

deposits in contravention of section 3 shall

be punishable with imprisonment for a term

which shall not be less than one year but

which may extend to five years and with fine

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which shall not be less than two lakh rupees

but which may extend to ten lakh rupees.

(2) Any deposit taker who accepts deposits

in contravention of section 3 shall be

punishable with imprisonment for a term

which shall not be less than two years but

which may extend to seven years and with

fine which shall not be less than three lakh

rupees but which may extend to ten lakh

rupees.

(3) Any deposit taker who accepts deposits

in contravention of section 3 and fraudulently

defaults in repayment of such deposits or in

rendering any specified service, shall be

punishable with imprisonment for a term

which shall not be less than three years but

which may extend to ten years and with fine

which shall not be less than five lakh rupees

but which may extend to twice the amount

of aggregate funds collected from the

subscribers, members or participants in the

Unregulated Deposit Scheme.

Explanation.— For the purposes of this

Ordinance,—

(i)

the

expression

“fraudulently” shall have the

same meaning as assigned to

it in section 25 of the Indian

Penal Code;

(ii) where the terms of the Deposit

Scheme are entirely impracticable or

unviable, the terms shall be relevant facts

showing an intention to defraud.

22. Punishment for contravention of section

4.— Any deposit taker who contravenes the

provisions of section 4 shall be punishable

with imprisonment for a term which may

extend to seven years, or with fine which

shall not be less than five lakh rupees but

which may extend to twenty-five crore rupees

or three times the amount of profits made out

of the fraudulent default referred to in said

section, whichever is higher, or with both.

23. Punishment for contravention of section

5.— Any person who contravenes the

provisions of section 5 shall be punishable

with imprisonment for a term which shall not

be less than one year but which may extend

to five years and with fine which may extend

to ten lakh rupees.

24. Punishment for repeat offenders.—

Whoever having been previously convicted

of an offence punishable under this Chapter,

except the offence under section 26, is

subsequently convicted of an offence shall

be punishable with imprisonment for a term

which shall not be less than five years but

which may extend to ten years and with fine

which shall not be less than ten lakh rupees

but which may extend to fifty crore rupees.

25. Offences by deposit takers other than

individuals.— (1) Where an offence under this

Ordinance has been committed by a deposit

taker other than an individual, every person

who, at the time the offence was committed,

was in charge of, and was responsible to,

the deposit taker for the conduct of its

business, as well as the deposit taker, shall

be deemed to be guilty of the offence and

shall be liable to be proceeded against and

punished accordingly.

(2) Nothing contained in sub-section (1)

shall render any such person liable to any

punishment provided in this Ordinance, if he

proves that the offence was committed

without his knowledge or that he exercised

all due diligence to prevent the commission

of such offence.

(3) Notwithstanding anything contained in

sub-section (1), where an offence under this

Ordinance has been committed by a deposit

taker other than an individual, and it is proved

that the offence—

(a) has been committed with the consent

or connivance; or

(b) is attributable to any neglect on the

part of any director, manager, secretary,

promoter, partner, employee or other officer

of the deposit taker,

such person shall also be deemed to be

guilty of that offence and shall be liable to

be proceeded against and punished

accordingly.

45 of 1860.

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26. Punishment for contravention of section

10.— Whoever fails to give the intimation

required under sub-section (1) of section 10

or fails to furnish any such statements,

information or particulars as required under

sub-section (2) of that section, shall be

punishable with fine which may extend to

five lakh rupees.

27. Cognizance of offences.— Notwith-

standing anything contained in section 4, no

Designated Court shall take cognizance of an

offence punishable under that section

except upon a complaint made by the

Regulator:

Provided that the provisions of section 4

and this section shall not apply in relation to

a deposit taker which is a company.

CHAPTER VII

Investigation, Search and Seizure

28. Offences to be cognizable and

non-bailable.— Notwithstanding

anything contained in the Code of

Criminal Procedure, 1973 every

offence punishable under this

Ordinance, except the offence under

section 22 and section 26, shall be

cognizable and non-bailable.

29. Competent Authority to be informed of

offences.— The police officer shall, on

recording information about the commission

of an offence under this Ordinance, inform

the same to the Competent Authority.

30. Investigation of offences by Central

Bureau of Investigation.— (1) On receipt of

information under section 29 or otherwise, if

the Competent Authority has reason to believe

that the offence relates to a deposit scheme or

deposit schemes in which—

(a) the depositors, deposit takers or

properties involved are located in more

than one State or Union territory in India

or outside India; and

(b) the total value of the amount involved

is of such magnitude as to significantly

affect the public interest,

the Competent Authority shall refer the

matter to the Central Government for

investigation by the Central Bureau of

Investigation.

(2) The reference made by the

Competent Authority under sub-

-section (1) shall be deemed to be

with the consent of the State

Government under section 6 of the

Delhi Special Police Establishment

Act, 1946.

(3) On the receipt of the reference

under sub-section (1), the Central

Government may transfer the

investigation of the offence to the

Central Bureau of Investigation

under section 5 of the Delhi Special

Police Establishment Act, 1946.

31. Power to enter, search and seize without

warrant.— (1) Whenever any police officer,

not below the rank of an officer-in-charge of

a police station, has reason to believe that

anything necessary for the purpose of an

investigation into any offence under this

Ordinance may be found in any place within

the limits of the police station of which he is

in-charge, or to which he is attached, such

officer may, with the written authorisation

of an officer not below the rank of

Superintendent of Police, and after recording

in writing so far as possible, the thing for

which the search is to be made and subject

to the rules made in this behalf, authorise

any officer sub-ordinate to him,—

(a) to enter and search any building,

conveyance or place, between sunrise and

sunset, which he has reason to suspect is

being used for purposes connected with

the promotion or conduct of any deposit

taking scheme or arrangement in

contravention of the provisions of this

Ordinance;

(b) in case of resistance, to break open

any door and remove any obstacle to such

entry, if necessary by force, with such

assistance as he considers necessary, for

exercising the powers conferred by clause

(a);

2 of 1974.

25 of 1946.

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as a result of the search in the said building,

conveyance or place, which are intended

to be used, or reasonably suspected to have

been used, in connection with any such

deposit-taking scheme or arrangement in

contravention of the provisions of this

Ordinance; and

(d) to detain and search, and if the thinks

proper, take into custody and produce

before any Designated Court any such

person whom he has reason to believe to

have committed any offence punishable

under this Ordinance:

Provided that if such officer has reason

believe

that

the

said

written

authorisation cannot be obtained without

affording opportunity for the concealment

of evidence or facility for the escape of an

offender, he may, without the said written

authorisation, enter and search such

building, conveyance or place, at any time

between sunset and sunrise after

recording the grounds in writing.

(2) Where it is not practicable to seize the

record or property, the officer authorised

under sub-section (1), may make an order in

writing to freeze such property, account,

deposits or valuable securities maintained by

any deposit taker about which a complaint

has been made or credible information has

been received or a reasonable suspicion exists

of their having been connected with the

promotion or conduct of any deposit taking

scheme or arrangement in contravention of

the provisions ofthis Ordinance and it shall

be binding on the concerned bank or

financial or market establishment to comply

with the said order:

Provided that no bank or financial or market

establishment shall freeze such account,

deposit or valuable securities, for a period

beyond thirty days unless the same is

authorised by the order of the Designated

Court:

Provided further that, if at any time, it

becomes practicable to seize the frozen

property, the officer authorised under sub-

section (1) may seize such property.

Explanation.— For the purpose of this

section, the expressions,—

(i) “freezing of account” shall mean that

no transaction, whether deposit or

withdrawal shall be allowed in the said

account; and

(ii) “freezing of property” shall mean that

no transfer, conversion, disposition or

movement of property shall be allowed.

(3) Where an officer takes down any

information in writing or records grounds for

his belief or makes an order in writing under

sub-section (1) or sub-section (2), he shall,

within a time of seventy-two hours send a

copy thereof to the Designated Court in a

sealed envelope and the owner or occupier

of the building, conveyance or place shall,

on application, be furnished, free of cost, with

a copy of the same by the Designated Court.

(4) All searches, seizures and

arrests under this section shall be

made in accordance with the

provisions of the Code of Criminal

Procedure, 1973.

32. Application of Code of Criminal

Procedure, 1973 to proceedings before

Designated Court.— (1) The Designated Court

may take cognizance of offences under this

Ordinance without the accused being

committed to it for trial.

(2) Save as otherwise provided in

section 31, the provisions of the

Code of Criminal Procedure, 1973

shall apply—

(a) to all arrests, searches and seizures

made under this Ordinance;

(b) to the proceedings under this

Ordinance and for the purposes of the said

provisions, the Designated Court shall be

deemed to be a Court of Session and the

persons conducting the prosecution before

the Designated Court, shall be deemed to

be Public Prosecutors.

2 of 1974.

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CHAPTER VIII

Miscellaneous

33. Publication of advertisement of

Unregulated Deposit Scheme.— Where any

newspaper or other publication of any nature,

contains any statement, information or

advertisement promoting, soliciting deposits

for, or inducing any person to become a

member of any Unregulated Deposit Scheme,

the appropriate Government may direct such

newspaper or publication to publish a full

and fair retraction, free of cost, in the same

manner and in the same position in such

newspaper or publication as may be

prescribed.

34. Ordinance to have overriding effect.—

Save as otherwise expressly provided in this

Ordinance, the provisions of this Ordinance

shall have effect notwithstanding anything

contained in any other law for the time being

in force, including any law made by any State

or Union territory.

35. Application of other laws not barred.—

The provisions of this Ordinance shall be in

addition to, and not in derogation of, the

provisions of any other law for the time being

in force.

36. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceedings shall lie against the appropriate

Government or the Competent Authority or

any officer of the appropriate Government for

anything which is in good faith done or

intended to be done under this Ordinance or

the rules made thereunder.

37. Power of Central Government to make

rules.— (1) The Central Government may, by

notification, make rules for carrying out the

provisions of this Ordinance.

(2) In particular and without prejudice to

the generality of the foregoing power, such

rules may provide for all or any of the

following matters, namely:–

(a) the information and other particulars

to be taken into consideration before

issuing an order, and the manner of

attachment, under sub-section (3) of

section 7;

(b) information to be shared under sub-

section (2) of section 9;

the time within which the intimation shall

be given under sub-section (1) of section

10;

(d) the particulars contained in the

application to be filed by the Competent

Authority before the Designated Court

under sub-section (1) of section 14;

(e) the procedure to be adopted by the

Designated Court before issuing an order

under sub-section (3) of section 15;

(f) rules under sub-section (1) of section

31;

(g) the manner of publication of

advertisement under section 33; and

(h) any other matter which is required

to be, or may be, prescribed.

38. Power to State Government, etc. to make

rules.— (1) The State Government or Union

territory Government, as the case may be, in

consultation with the Central Government, by

notification, make rules for carrying out the

provisions of this Ordinance.

(2) In particular and without prejudice to

the generality of the foregoing power, such

rules may provide for all or any of the

following matters, namely:—

(a) ceiling for self-help groups under

clause (j) of sub-section (4) of section 2;

(b) purpose and ceiling under clause (k)

of sub-section (4) of section 2;

of property by the Competent Authority

under sub-section (3) of section 7;

(d) other matters under clause (f) of sub-

-section (4) of section 7;

(e) the rules relating to impounding and

custody of records under sub-section (8) of

section 7;

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(f) any other matter which is required to

be, or may be, prescribed.

39. Laying of rules.— (1) Every rule made

by the Central Government under this

Ordinance 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.

(2) Every rule made by a State Government

or the Union territory Government, as the

case may be shall be laid, as soon as may be

after it is made, before each House of the

State Legislature or the Union territory

Legislature, as the case may be, where it

consists of two Houses, or where such

Legislature consists of one House, before that

House.

40. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Ordinance, the Central

Government may, by order published in the

Official Gazette, make such provisions, not

inconsistent with the provisions of this

Ordinance, as may appear to be necessary

for removing the difficulty:

Provided that no such order shall be made

under this section after the expiry of three

years from the commencement of this

Ordinance.

(2) Every order made under this section

shall be laid, as soon as may be after it is

made, before each House of Parliament.

41. Power to amend First Schedule.— (1)

The Central Government may, having regard

to the objects of this Ordinance, and if it

considers necessary or expedient so to do,

by notification, add to, or as the case may be,

omit from the First Schedule, any scheme or

arrangement, and on such addition, or

omission, such scheme or arrangement shall

become, or cease to be, a Regulated Deposit

Scheme, as the case may be.

(2) A copy of every notification issued

under this section shall, as soon as may be

after it has been issued, be laid before each

House of Parliament.

42. Amendment to certain enactments.—

The enactments specified in the Second

Schedule shall be amended in the manner

specified therein.

FIRST SCHEDULE

[(See section 2 (15)]

Regulated Deposit Schemes

(1) The Regulator and Regulated Deposit Scheme

refers to the regulators and schemes and

arrangements listed in the following Table,

namely:—

TABLE

Sl.

Regulator

Regulated Deposit

No.

Scheme

(1)

(2)

(3)

1. Securities and

(i) Any scheme or an

Exchange Board

arrangement [as defined

of India

under section 11 AA of

the Securities and

Exchange Board of India

Act, 1992 (15 of 1992)]

launched, sponsored or

carried out by a Collective

Investment Management

Company registered with

the Securities and Exchange

Board of India under the

Securities and Exchange

Board of India (Collective

Investment Scheme)

Regulations, 1999.

(ii) Any scheme or an

arrangement registered

with the Securities and

Exchange Board of India

under the Securities and

Exchange Board of India

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(1)

(2)

(3)

(Alternative Investment

Funds) Regulations, 2012.

(iii) Any scheme or an

arrangement, pursuant to

which funds are managed

by a portfolio manager,

registered under the

Securities and Exchange

Board of India (Portfolio

Managers) Regulations,

1993.

(iv) Any scheme or an

arrangement regulated

under the Securities and

Exchange Board of India

(Share Based Employee

Benefits) Regulations, 2014

or providing for employee

benefits as permitted under

the Companies Act 2013

(18 of 2013).

(v) Any other scheme or an

arrangement registered

under the Securities and

Exchange Board of India

Act, 1992 (15 of 1992), or the

regulations made there-

under.

(vi) Any amount received as

contributions in the nature

of subscriptions to a mutual

fund registered with Securi-

ties and Exchange Board of

India under the Securities

and Exchange Board of India

(Mutual Funds) Regulations,

1996

2. Reserve Bank of

(i) Any scheme under which

India

deposits are accepted by

Non-Banking Financial

Companies as defined in

clause (f) of section 45-I of

the Reserve Bank of India

Act, 1934 (2 of 1934) and

registered with the Reserve

Bank of India; or any other

scheme or an arrangement

registered under the Reserve

Bank of India Act, 1934.

(ii) Any scheme or an

arrangement under which

(1)

(2)

(3)

funds are accepted by

individuals or entities

engaged as Business

Correspondents and

Facilitators by banks

subject to the Guidelines

and Circulars issued by the

Reserve Bank of India from

time to time.

(iii) Any scheme or an

arrangement under which

funds are received by a

system provider operating

as an authorised payment

system under the Payment

and Settlement Systems

Act, 2007 (51 of 2007).

(iv) Any other scheme or

an arrangement regulated

under the Reserve Bank of

India Act, 1934 (2 of 1934),

or the guidelines or circulars

of the Reserve Bank of India.

3. The Insurance

A contract of insurance

Regulatory and

pursuant to a certificate of

Development

registration obtained in

Authority of India

accordance with the

Insurance Act, 1938 (4 of

1938).

4. State Government

(i) Any scheme or an

or Union territory

arrangement made or

Government

offered by a co-operative

society registered under

the Co-operative Societies

Act, 1912 (2 of 1912) or a

society being a society

registered or deemed to be

registered under any law

relating to co-operative

societies for the time being

in force in any State or Union

territory.

(ii) Any scheme or an

arrangement commenced or

conducted as a chit business

with the previous sanction

of the State Government in

accordance with the pro-

visions of the Chit Funds

Act, 1982 (40 of 1982).

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(1)

(2)

(3)

(iii) Any scheme or an

arrangement regulated

by any enactment relating

to money lending which

is for the time being in

force in any State or

Union territory.

(iv) Any scheme or an

arrangement by a prize

chit or money circulation

scheme under section 11

of the Prize Chits and

Money Circulation Schemes

(Banning) Act, 1978 (43 of

1978).

5. National Housing

Any scheme or an

Bank

arrangement for

acceptance of deposits

registered under the

National Housing Bank

Act, 1987 (53 of 1987).

6. Pension Fund

Any scheme or an

Regulatory and

arrangement under the

Development

Pension Fund Regulatory

Authority

and Development

Authority Act, 2013 (23 of

2013).

7. Employees

Any scheme, Pension

Provident Fund

Scheme or Insurance

Organisation

Scheme framed Fund

under the Employees’

Provident Fund and

Miscellaneous Provisions

Act, 1952 (19 of 1952).

8. Central Registrar,

Any scheme or an

Multi-State Co-

arrangement for

-operative

acceptance of deposits

Societies

from voting members by

a Multi-State Co-operative

Society registered under

the Multi-State Co-operative

Societies Act, 2002 (39 of

2002).

9. Ministry of

(i) Deposits accepted or

Corporate Affairs,

permitted under the

Government of

provisions of Chapter V

India

of the Companies Act,

2013 (18 of 2013).

(1)

(2)

(3)

(ii) Any scheme or an

arrangement under which

deposits are accepted by a

company declared as a Nidhi

or a Mutual Benefit Society

under section 406 of the

Companies Act, 2013 (18

of 2013).

(2) The following shall also be treated as

Regulated Deposit Schemes under this Ordinance,

namely:—

(a) deposits accepted under any scheme or an

arrangement registered with any regulatory body

in India constituted or established under a

statute; and

(b) any other scheme as may be notified by the

Central Government under this Ordinance.

————

AMENDMENT TO CERTAIN ENACTMENTS

PART I

Amendment to the Reserve Bank of India

Act,1934

Amendment of section 45-I of Act 2 of

1934.— In the Reserve Bank of India Act,

1934, in section 45-I, in clause (bb), after

Explanation II, the following Explanation

shall be inserted, namely:—

“Explanation III.— The amounts accepted by a

co-operative society from the members or

shareholders, by whatever name called, but

excluding the amounts received as share capital,

shall be deemed to be deposits for the purposes of

this clause, if such members or shareholders are

nominal or associate members, by whatever name

called, who do not have full voting rights in the

meetings of such co-operative society.”.

PART II

Amendment to the Securities and Exchange

Board of India Act, 1992

Amendment of section 11 of Act 15 of 1992.— In

the Securities and Exchange Board of India Act,

1992,—

(i) in section 11, in sub-section (4), for clause

(e), the following clause shall be substituted,

namely:—

“(e) attach, for a period not exceeding ninety

days, bank accounts or other property of any

2 of 1934.

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intermediary or any person associated with the

securities market in any manner involved in

violation of any of the provisions of this Act, or

the rules or the regulations made thereunder:

Provided that the Board shall, within ninety

days of the said attachment, obtain confirmation

of the said attachment from the Special Court,

established under section 26A, having jurisdiction

and on such confirmation, such attachment shall

continue during the pendency of the aforesaid

proceedings and on conclusion of the said

proceedings, the provisions of section 28A shall

apply:

Provided further that only property, bank

account or accounts or any transaction entered

therein, so far as it relates to the proceeds actually

involved in violation of any of the provisions of

this Act, or the rules or the

SECOND SCHEDULE

[(See section 42)]

AMENDMENT TO CERTAIN ENACTMENTS

PART I

Amendment to the Reserve Bank of India

Act, 1934

Amendment of section 45-I of Act 2 of

1934.— In the Reserve Bank of India Act,

1934, in section 45-I, in clause (bb),

after Explanation II, the following

Explanation shall be inserted, namely:—

“Explanation III.— The amounts accepted by a

co-operative society from the members or

shareholders, by whatever name called, but

excluding the amounts received as share capital,

shall be deemed to be deposits for the purposes of

this clause, if such members or shareholders are

nominal or associate members, by whatever name

called, who do not have full voting rights in the

meetings of such co-operative society.”.

PART II

Amendments to the Securities and Exchange

Boards of India Act, 1992

Amendment of section 11 of Act 15 of 1992.— In

the Securities and Exchange Board of India Act,

1992,—

(i) in section 11, in sub-section (4), for clause

(e), the following clause shall be substituted,

namely:—

“(e) attach, for a period not exceeding

ninety days, bank accounts or other property

of any intermediary or any person associated

with the securities market in any manner

involved in violation of any of the provisions

of this Act, or the rules or the regulations

made thereunder:

Provided that the Board shall, within ninety

days of the said attachment, obtain

confirmation of the said attachment from the

Special Court, established under section 26A,

having jurisdiction and on such confirmation,

such attachment shall continue during the

pendency of the aforesaid proceedings and

on conclusion of the said proceedings, the

provisions of section 28A shall apply:

Provided further that only property, bank

account or accounts or any transaction entered

therein, so far as it relates to the proceeds

actually involved in violation of any of the

provisions of this Act, or the rules or the

regulations made thereunder shall be allowed

to be attached.”;

(ii) in section 28A, after Explanation 3, the

following Explanation shall be inserted, namely:-

“Explanation 4.— The interest

referred to in section 220 of the

Income-tax

Act,

1961

shall

commence from the date the

amount became payable by the

person.”.

PART III

Amendment to the Multi-State Co-Operative Societies

Act, 2002

Amendment of section 67 of Act 39 of 2002.— In

the Multi-State Co-operative Societies Act, 2002, in

section 67, in sub-section (1),—

(a) after the words “receive deposits”, the

words “from its voting members” shall be

inserted;

(b) the following Explanation shall be inserted,

namely:–

“Explanation.— For the removal of doubts,

it is hereby clarified that a multi-State

co-operative society shall not be entitled to

receive deposits from persons other than

voting members.”.

RAM NATH KOVIND

President

DR. G. NARAYAN RAJU

Secretary to the Govt. of India.

43 of 1961.

2 of 1934.

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SERIES I No. 6

9TH MAY, 2019

135

Notification

10/4/2019-LA-144

The Central Education Institutions

(Reservation in Teachers’ Cadre) Ordinance,

2019 (Ordinance No. 13 of 2019), which has

been promulgated by the President in the

seventieth Year of the Republic of India and

published

the

Gazette

India,

Extraordinary, Part II, Section I, dated 7-3-2019,

is hereby published for the general information

of the public.

Julio B. Noronha, Joint Secretary (Law).

Porvorim, 7th May, 2019.

————

THE CENTRAL EDUCATION

INSTITUTIONS (RESERVATION IN

TEACHERS’ CADRE) ORDINANCE, 2019

No. 13 of 2019

Promulgated by the President in the

Seventieth Year of the Republic of India

An Ordinance to provide for the reservation

of posts in appointments by direct

recruitment of persons belonging to the

Scheduled Castes, the Scheduled Tribes and

the socially and educationally backward

classes, to teachers’ cadre in certain Central

Educational

Institutions

established,

maintained or aided by the Central

Government, and for matters connected

therewith or incidental thereto.

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 Central

Educational Institutions (Reservation in

Teachers’ Cadre) Ordinance, 2019.

(2) It shall come into force at once.

2. In this Ordinance, unless the context

otherwise requires,—

(a) “appropriate authority”

means the University Grants

Commission established under

the

University

Grants

Commission Act, 1956, or any

other

authority

body

established by or under a

Central

Act

for

the

determination, coordination or

maintenance of the standards

of higher education in any

Central Educational Institution;

(b) “branch of study” means a branch

of study leading to three principal levels of

qualifications

bachelors

(under

graduate), masters (post graduate) and

doctoral levels;

means—

(i) a university established or

incorporated by or under a Central Act:

(ii)

institution

national

importance established by an Act of

Parliament;

(iii) an Institution, declare as

an institution deemed to be

University under section 3 of

the

University

Grants

Commission Act, 1956, and

maintained by or receiving aid

from the Central Government.

(iv) an institution maintained by or

receiving

aid

from

the

Central

Government, whether directly or

indirectly, and affiliated to an institution

referred to in sub-clause (i) or sub-clause

(ii), or a constituent unit of an institution

referred to in sub-clause (iii), and

(v) an educational institution

established by the Central

Government

under

the

Societies Registration Act,

1860;

3 of 1956.

21 of 1860.

OFFICIAL GAZETTE — GOVT. OF GOA

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136

(d) “direct recruitment” means the

process of appointing faculty by inviting

applications against public advertisement

from persons eligible to teach in a Central

Educational Institution;

(e) “faculty’ means the faculty of a

Central Educational Institution;

(f) “Minority Educational

Institution”

means

institution established and

administered by the minorities

under clause (1) of article 30 of

the

Constitution

and

declared

Act

Parliament or by the Central

Government or declared as a

Minority Educational Institution

under the National Commission

for

Minority

Educational

Institutions Act, 2004; .

(g) “sanctioned strength” means the

number of posts in teachers’ cadre

approved by the appropriate authority;

(h) “Scheduled Castes” means the

Scheduled Castes notified under article 341

of the Constitution;

(i) “Scheduled Tribes” means the

Scheduled Tribes notified under article 342

of the Constitution;

(j) “socially and educationally backward

classes” means such backward classes as

are so deemed under article 342A of the

Constitution;

(k) “teachers’ cadre” means a class of

all teachers of a Central Educational

Institution, regardless of the branch of

study or faculty, who are remunerated at

the same grade of pay, excluding any

allowance or bonus.

3. Reservation of posts in recruitments by

Central

Education

Institutions.—

(1)

Notwithstanding anything in any other law

for the time being in force there shall be

reservation of posts in direct recruitment out

of the sanctioned strength in teachers’ cadre

in a Central Educational institution to the

extern and in the manner as may be specified

by the Central Government by notification in

the Official Gazette.

(2) For the purpose of reservation of posts,

a Central Educational Institution shall be

regarded as one unit.

4. Ordinance not to apply in certain cases.—

(1) The provisions of section 3 shall not

apply to—

(a) the institutions of excellence, research

institutions, institutions of national and

strategic importance specified in the

Schedule to this Ordinance:

(b) a Minority Educational Institution.

(2) The Central Government may, by

notification in the Official Gezette, amend the

Schedule referred to in clause (a) of sub-

-section (1) from time to time.

Laying

notifications

before

Parliament.— Every notification made by the

Central Government under this Ordinance

shall be laid, as soon as may he 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 notification

or both Houses agree that the notification

should not be made, the notification shall

thereafter have effect only in such modified

form or be of no effect, as the case may be;

so, however, that any such modification or

annulment shall be without prejudice to the

validity of anything previously done under

that notification.

2 of 2005.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 6

9TH MAY, 2019

137

The Schedule

[See section 4(1)(a)]

Sl. No.

Name of the Institution of

Excellence, etc.

(1)

(2)

1. Homi Bhabha National Institute, Mumbai and its constituent units, namely:—

(i) Bhabha Atomic Research Centre, Trombay;

(ii) Indira Gandhi Centre for Atomic Research, Kalpakkam;

(iii) Raja Ramanna Centre for Advanced Technology, Indore;

(iv) Institute for Plasma Research, Gandhinagar;

(v) Variable Energy Cyclotron Centre, Kolkata;

(vi) Saha Institute of Nuclear Physics, Kolkata;

(vii) Institute of Physics, Bhubaneshwar;

(viii) Institute of Mathematical Sciences, Chennai;

(ix) Harish-Chandra Research Institute, Allahabad;

(x) Tata Memorial Centre, Mumbai.

2. Tata Institute of Fundamental Research, Mumbai.

3. North-Eastern Indira Gandhi Regional Institute of Health and Medical Science, Shillong.

4. National Brain Research Centre, Manesar Gurgaon.

5. Jawaharlal Nehru Centre for Advanced Scientific Research, Bangalore.

6. Physical Research Laboratory, Ahmedabad.

7. Space Physics Laboratory, Thiruvananthapuram.

8. Indian Institute of Remote Sensing, Dehradun.

RAM NATH KOVIND,

President.

Dr. G. NARAYAN RAJU,

Secretary to the Govt. of India.

———ttt———

Department of Town & Country Planning

——

Notification

1/6/TCP/RR’s/Part/2018-19/772

In exercise of the powers conferred by

sub-section (1) and clause (a) of sub-section

(2) of section 140 read with sub-section (1) of

section 3 of the Goa, Daman and Diu Town and

Country Planning Act, 1974 (Act 21 of 1975),

the Government of Goa hereby makes the

following rules, namely:—

1. Short title, application and commence-

ment.— (1) These rules may be called the Goa

Town and Country Planning (Chief Town

Planner Qualifications) Rules, 2019.—

(2) They shall come into force on the date of

their publication in the Official Gazette.

2. Definitions.— In these rules, unless the

context otherwise requires,—

(a) “Act” means the Goa, Daman and Diu

Town and Country Planning Act, 1974 (Act 21

of 1975);

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 6

9TH MAY, 2019

138

(b) “Chief Town Planner” means the Chief

Town Planner (Administration), Chief Town

Planner (Land Use) and the Chief Town

Planner (Planning) as specified in section 3 of

the Act.

of Goa.

3. Qualifications for appointment as Chief

Town Planner.— Save as other conditions of

service prescribed by the Government under

the rules regulating the recruitment to the post

of Chief Town Planner (Administration), Chief

Town Planner (Land Use) and the Chief Town

Planner (Planning), the person to be appointed

to the said post shall posses the following

qualifications, namely:—

Essential:— (i) Post graduate (Degree)/

/Diploma in Regional/Urban/City/Town

Planning from a recognized University or

equivalent;

(ii) Ten years experience in a responsible

position in Town and Country Planning

Department/Organisation.

(iii) Knowledge of Town Planning laws and

Civic designs.

Desirable.— (i) Fellowship of the Institute

of Town Planning (India) or equivalent

membership or any professional institute.

(ii) Degree of diploma in Architecture/Civil

Engineering from a recognized University or

equivalent.

By order and in the name of the Governor

of Goa.

Daulat Hawaldar,

Commissioner

Secretary (TCP).

Panaji, 24th April, 2019.

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