213

Panaji, 27th May, 2021 (Jyaistha 6, 1943)

SERIES I No. 9

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

NOTE

There is an Extraordinary issue to the Official Gazette, Series I No. 8 dated 20-5-2021, namely Extraordinary dated

26-5-2021 from pages 207-212, Department of Finance (R&C), Notifications regarding GST.

INDEX

Department

Order/Notification

Subject

Pages

Industries

Not.- 3/40/2003-IND(Pt. II)/

Extension of validity period of schemes

213

Under Secretary

/175

a. Law

Not.- 10/2/2021-LA/81(b)

The Insolvency and Bankruptcy Code

214

Joint Secretary

(Amendment) Ordinance, 2021.

b. —do—

Not.- 10/2/2021-LA/83(b)

The Commission for Air Quality Management in National

229

Capital Region and Adjoining Areas Ordinance, 2021.

c. —do—

Not.- 10/2/2021-LA-85

The Indian Medicine Central Council

242

(Amendment) Ordinance, 2021.

Planning, Statistics

Not.- DPSE/III/CMFP/180/

Goa Chief Minister’s Fellowship Programme

242

& Evaluation

/2020-21/958

Director & ex off.

Joint Secretary

Transport

Not.- D.Tpt/Subs/01/

Goa State Public Transport Reimbursement

246

Director & ex off.

/Reimbursement Scheme/

of cost of Digital Fare Meter 2021.

Addl. Secretary

/2021/1313

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

GOVERNMENT OF GOA

Department of Industries

–––

Notification

3/40/2003-IND(Pt.II)/175

Read: 1. Notification No. 3/40/2003-IND

(Pt.II)/60

dated

14-10-2015

regarding “Share Capital to Local

Enterpreneurs and Self Employed

Scheme, 2015” published in the

Official Gazette, Series I No. 30

dated 23-10-2015.

2. Notification No. 3/40/2003-IND

(Pt.II)/59

dated

14-10-2015

regarding “Goa State 25% Subsidy

for Self Employed Scheme, 2015,

published in the Official Gazette,

Series I No. 30 dated 23-10-2015.

The validity period of the above cited

Schemes have been extended for a further

period of two (2) years w.e.f. 01-04-2021 to

31-03-2023.

This issues with the concurrence of Finance

(Exp.)

Department,

vide

their

U.O.

No. 1400079538 dated 15-05-2021 and U. O.

No. 1400079543 dated 15-05-2021.

By order and in the name of the

Governor of Goa.

Amalia O. F. Pinto, Under Secretary

(Industries).

Porvorim, 20th May, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

27TH MAY, 2021

214

Department of Law

Legal Affairs Division

–––

Notification

10/2/2021-LA/81(b)

The Insolvency and Bankruptcy Code

(Amendment) Ordinance, 2021 (Ordinance

No. 3 of 2021), which has been promulgated

by the President in the Seventy-second Year

of the Republic of India and published in the

Gazette of India, Extraordinary, Part II, Section

I, dated 4-4-2021, is hereby published for the

general information of the public.

Smita R. Chandawani, Joint Secretary

(Law).

Porvorim, 27th April, 2021.

________

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 4th April, 2021/Chaitra 14,

1943 (Saka)

THE INSOLVENCY AND BANKRUPTCY

CODE (AMENDMENT) ORDINANCE,

2021

No. 3 of 2021

Promulgated by the President in the Seventy-

second Year of the Republic of India.

An Ordinance further to amend the

Insolvency and Bankruptcy Code, 2016.

Whereas

COVID-19

pandemic

has

impacted businesses, financial markets and

economies all over the world, including India,

and has impacted the business operations of

micro, small and medium enterprises and

exposed many of them to financial distress;

And whereas the Government has taken

several measures to mitigate the distress

caused by the pandemic, including increasing

the minimum amount of default for initiation

of corporate insolvency resolution process to

one crore rupees, and suspending filing of

applications for initiation of corporate

insolvency resolution process in respect of

the defaults arising during the period of one

year beginning from 25th March, 2020;

And whereas such suspension for filing of

applications for initiation of corporate

insolvency resolution process has ended on

24th March, 2021;

And whereas the country has shown

remarkable resilience, be it tackling the

pandemic or ensuring economic recovery;

And whereas micro, small and medium

enterprises are critical for India’s economy

as they contribute significantly to its gross

domestic product and provide employment

to a sizeable population;

And whereas it is considered necessary

to urgently address the specific requirements

of micro, small and medium enterprises

relating to the resolution of their insolvency,

due to the unique nature of their businesses

and simpler corporate structures;

And whereas it is considered expedient to

provide an efficient alternative insolvency

resolution process for corporate persons

classified as micro, small and medium

enterprises under the Insolvency and

Bankruptcy Code, 2016, ensuring quicker,

cost-effective and value maximising outcomes

for all the stakeholders, in a manner which

is least disruptive to the continuity of their

businesses and which preserves jobs;

And whereas in order to achieve these

objectives, it is considered expedient to

introduce a pre-packaged insolvency

resolution process for corporate persons

classified as micro, small and medium

enterprises;

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 Insolvency and

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

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215

Bankruptcy Code (Amendment) Ordinance,

2021.

(2) It shall come into force at once.

2. Amendment of section 4.— In

the Insolvency and Bankruptcy

Code, 2016 (hereinafter referred to

as the principal Act), in section 4,

after the proviso, the following

proviso shall be inserted, namely:—

“Provided further that the Central

Government may, by notification, specify

such minimum amount of default of higher

value, which shall not be more than one

crore rupees, for matters relating to the

pre- packaged insolvency resolution

process of corporate debtors under

Chapter III-A.”.

3. Amendment of section 5.— In section 5

of the principal Act,—

(i) after clause (2), the following clause

shall be inserted, namely:—

‘(2A) “base resolution plan” means a

resolution plan provided by the

corporate debtor under clause (c) of sub-

section (4) of section 54A;’;

(ii) in clause (5), in sub-clause (b), after

the words “corporate insolvency resolution

process”, the words “or the pre-packaged

insolvency resolution process, as the case

may be,” shall be inserted;

(iii) in clause (11), after the words

“corporate insolvency resolution process”,

the words “or pre-packaged insolvency

resolution process, as the case may be”

shall be inserted;

(iv) in clause (15), after the words,

“process period”, the words “or by the

corporate debtor during the pre-packaged

insolvency resolution process period, as

the case may be,” shall be inserted;

(v) in clause (19), after the words “for

the purposes of”, the words and figures

“Chapter VI and” shall be inserted;

(vi) after clause (23), the following

clauses shall be inserted, namely:—

‘(23A) “preliminary information”

means a memorandum submitted by the

corporate debtor under clause (b) of sub-

section (1) of section 54G;

(23B) “pre-packaged insolvency date”

means, the date of admission of an

application for initiating the pre-

packaged insolvency resolution process

by the Adjudicating Authority under

clause (a) of sub-section (4) of section

54C;

(23C) “pre-packaged insolvency

resolution process costs” means—

(a) the amount of any interim finance and

the costs incurred in raising such finance;

(b) the fees payable to any person acting

as a resolution professional and any expenses

incurred by him for conducting the pre-

packaged insolvency resolution process

during

the

pre-packaged

insolvency

resolution process period, subject to sub-

section (6) of section 54F;

professional in running the business of the

corporate debtor as a going concern

pursuant to an order under sub-section (2)

of section 54J;

(d) any costs incurred at the expense of

the Government to facilitate the pre-packaged

insolvency resolution process; and

(e) any other costs as may be specified;

(23D) “pre-packaged insolvency

resolution process period” means the

period beginning from the pre-packaged

insolvency commencement date and

ending on the date on which an order

under sub-section (1) of section 54L, or

sub-section (1) of section 54N, or sub-

section (2) of section 54-O, as the case

may be, is passed by the Adjudicating

Authority;’;

(vii) in clause (25), after the words,

brackets and figures “of sub-section (2) of

section 25”, the words, figures and letter

“or pursuant to section 54K, as the case

may be” shall be inserted;

31 of 2016.

OFFICIAL GAZETTE — GOVT. OF GOA

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(viii) in clause (27), after the words

“corporate insolvency resolution process”,

the words “or the pre-packaged insolvency

resolution process, as the case may be,”

shall be inserted.

4. Amendment of section 11.— In section

11 of the principal Act,—

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

“corporate insolvency resolution process”,

the words “or a pre-packaged insolvency

resolution process” shall be inserted;

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

shall be inserted, namely:—

“(aa) a financial creditor or an

operational creditor of a corporate debtor

undergoing a pre-packaged insolvency

resolution process; or”;

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

shall be inserted, namely:—

“(ba) a corporate debtor in respect of

whom a resolution plan has been

approved under Chapter III-A, twelve

months preceding the date of making of

the application; or”.

5. Insertion of new section 11A.— After

section 11 of the principal Act, the following

section shall be inserted, namely:—

“11A. Disposal of applications under

section 54C and under section 7 or section

9 or section 10.— (1) Where an application

filed under section 54C is pending, the

Adjudicating Authority shall pass an order

to admit or reject such application, before

considering any application filed under

section 7 or section 9 or section 10 during

the pendency of such application under

section 54C, in respect of the same

corporate debtor.

(2) Where an application under section

54C is filed within fourteen days of filing of

any application under section 7 or section

9 or section 10, which is pending, in

respect of the same corporate debtor, then,

notwithstanding anything contained in

sections 7, 9 and 10, the Adjudicating

Authority shall first dispose of the

application under section 54C.

(3) Where an application under section

54C is filed after fourteen days of the filing

of any application under section 7 or

section 9 or section 10, in respect of the

same corporate debtor, the Adjudicating

Authority shall first dispose of the

application under sections 7, 9 or 10.

(4) The provisions of this section shall

not apply where an application under

section 7 or section 9 or section 10 is filed

and pending as on the date of the

commencement of the Insolvency and

Bankruptcy Code (Amendment) Ordinance,

2021.”.

6. Amendment of section 33.— In section

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

after the words, “approved by the

Adjudicating Authority”, the words, figures,

brackets and letter “under section 31 or

under sub-section (1) of section 54L,” shall

be inserted.

7. Amendment of section 34.— In section

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

after the words and figures, “under Chapter

II”, the words, figures and letter “or for the

pre-packaged insolvency resolution process

under Chapter III-A” shall be inserted.

8. Insertion of new Chapter III-A.— After

Chapter III of the principal Act, the following

Chapter shall be inserted, namely:—

‘CHAPTER III-A

Pre-packaged insolvency resolution process

54A. Corporate debtors eligible

for

pre-packaged

insolvency

resolution

process.—

(1)

application for initiating pre-

packaged insolvency resolution

process may be made in respect of

a corporate debtor classified as a

micro, small or medium enterprise

under sub-section (1) of section 7

of the Micro, Small and Medium

Enterprises Development Act, 2006.

(2) Without prejudice to sub-section (1),

an application for initiating pre-packaged

insolvency resolution process may be made

in respect of a corporate debtor, who commits

27 of 2006.

OFFICIAL GAZETTE — GOVT. OF GOA

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27TH MAY, 2021

217

a default referred to in section 4, subject to

the following conditions, that—

(a) it has not undergone pre-packaged

insolvency resolution process or completed

corporate insolvency resolution process, as

the case may be, during the period of three

years preceding the initiation date;

(b) it is not undergoing a corporate

insolvency resolution process;

is passed under section 33;

(d) it is eligible to submit a resolution

plan under section 29A;

(e) the financial creditors of the corporate

debtor, not being its related parties,

representing such number and such

manner as may be specified, have

proposed the name of the insolvency

professional to be appointed as resolution

professional for conducting the pre-

packaged insolvency resolution process of

the corporate debtor, and the financial

creditors of the corporate debtor, not being

its related parties, representing not less

than sixty-six per cent. in value of the

financial debt due to such creditors, have

approved such proposal in such form as

may be specified:

Provided that where a corporate debtor

does not have any financial creditors, not

being its related parties, the proposal and

approval under this clause shall be

provided by such persons as may be

specified;

(f) the majority of the directors or

partners of the corporate debtor, as the

case may be, have made a declaration, in

such form as may be specified, stating,

inter alia,—

(i) that the corporate debtor shall file

an application for initiating pre-

packaged insolvency resolution process

within a definite time period not

exceeding ninety days;

(ii) that the pre-packaged insolvency

resolution process is not being initiated

to defraud any person; and

(iii) the name of the insolvency

professional proposed and approved to

be appointed as resolution professional

under clause (e);

(g) the members of the corporate debtor

have passed a special resolution, or at least

three fourth of the total number of

partners, as the case may be, of the

corporate debtor have passed a resolution,

approving the filing of an application for

initiating

pre-packaged

insolvency

resolution process.

(3) The corporate debtor shall obtain an

approval from its financial creditors, not being

its related parties, representing not less than

sixty-six per cent. in value of the financial

debt due to such creditors, for the filing of

an application for initiating pre-packaged

insolvency resolution process, in such form

as may be specified:

Provided that where a corporate debtor

does not have any financial creditors, not

being its related parties, the approval under

this sub-section shall be provided by such

persons as may be specified.

(4) Prior to seeking approval from financial

creditors under sub-section (3), the corporate

debtor shall provide such financial creditors

with—

(a) the declaration referred to in clause

(f) of sub-section (2);

(b) the special resolution or resolution

referred to in clause (g) of sub-section (2);

conforms to the requirements referred to

in section 54K, and such other conditions

as may be specified; and

(d)

such

other

information

and

documents as may be specified.

54B. Duties of resolution professional before

initiation of pre-packaged insolvency

resolution process.— (1) The insolvency

professional, proposed to be appointed as the

resolution professional, shall have the

following duties commencing from the date

of the approval under clause (e) of sub-section

(2) of section 54A, namely:—

OFFICIAL GAZETTE — GOVT. OF GOA

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(a) prepare a report in such form as may

be specified, confirming whether the

corporate debtor meets the requirements

of section 54A, and the base resolution plan

conforms to the requirements referred to

in clause (c) of sub-section (4) of section

54A;

(b) file such reports and other

documents, with the Board, as may be

specified; and

specified.

(2) The duties of the insolvency

professional under sub-section (1) shall

cease, if,—

(a) the corporate debtor fails to file an

application for initiating pre-packaged

insolvency resolution process within the

time period as stated under the declaration

referred to in clause (f) of sub-section (2)

of section 54A; or

(b) the application for initiating pre-

packaged insolvency resolution process is

admitted or rejected by the Adjudicating

Authority,

as the case may be.

(3) The fees payable to the insolvency

professional in relation to the duties

performed under sub-section (1) shall be

determined and borne in such manner as

may be specified and such fees shall form

part of the pre-packaged insolvency

resolution process costs, if the application for

initiation of pre-packaged insolvency

resolution process is admitted.

54C. Application initiate pre-packaged

insolvency resolution process.— (1) Where a

corporate debtor meets the requirements of

section 54A, a corporate applicant thereof

may file an application with the Adjudicating

Authority for initiating pre-packaged

insolvency resolution process.

(2) The application under sub-section (1)

shall be filed in such form, containing such

particulars, in such manner and accompanied

with such fee as may be prescribed.

(3) The corporate applicant shall, along

with the application, furnish—

(a) the declaration, special resolution or

resolution, as the case may be, and the

approval of financial creditors for initiating

pre-packaged

insolvency

resolution

process in terms of section 54A;

(b) the name and written consent, in

such form as may be specified, of the

insolvency professional proposed to be

appointed as resolution professional, as

approved under clause (e) of sub-section

(2) of section 54A, and his report as

referred to in clause (a) of sub-section (1)

of section 54B;

of any transactions of the corporate debtor

that may be within the scope of provisions

in respect of avoidance of transactions

under Chapter III or fraudulent or wrongful

trading under Chapter VI, in such form as

may be specified;

(d) information relating to books of

account of the corporate debtor and such

other documents relating to such period

as may be specified.

(4) The Adjudicating Authority shall, within

a period of fourteen days of the receipt of the

application, by an order,—

(a) admit the application, if it is complete;

(b) reject the application, if it is

incomplete:

Provided that the Adjudicating Authority

shall, before rejecting an application, give

notice to the applicant to rectify the defect

in the application within seven days from

the date of receipt of such notice from the

Adjudicating Authority.

(5) The pre-packaged insolvency resolution

process shall commence from the date of

admission of the application under clause (a)

of sub-section (4).

54D. Time-limit for completion of pre-

packaged insolvency resolution process.— (1)

The pre-packaged insolvency resolution

OFFICIAL GAZETTE — GOVT. OF GOA

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process shall be completed within a period

of one hundred and twenty days from the

pre-packaged insolvency commencement

date.

(2) Without prejudice to sub-section (1),

the resolution professional shall submit the

resolution plan, as approved by the

committee of creditors, to the Adjudicating

Authority under sub-section (4) or sub-

section (12), as the case may be, of section

54K, within a period of ninety days from the

pre-packaged insolvency commencement

date.

(3) Where no resolution plan is approved

by the committee of creditors within the time

period referred to in sub-section (2), the

resolution professional shall, on the day after

the expiry of such time period, file an

application with the Adjudicating Authority

for termination of the pre-packaged

insolvency resolution process in such form

and manner as may be specified.

54E. Declaration of moratorium and public

announcement

during

pre-packaged

insolvency resolution process.— (1) The

Adjudicating Authority shall, on the pre-

packaged insolvency commencement date,

along with the order of admission under

section 54C—

(a) declare a moratorium for the

purposes referred to in sub-section (1) read

with sub-section (3) of section 14, which

shall, mutatis mutandis apply, to the

proceedings under this Chapter;

(b) appoint a resolution professional—

(i) as named in the application, if no

disciplinary proceeding is pending

against him; or

(ii) based on the recommendation

made by the Board, if any disciplinary

proceeding is pending against the

insolvency professional named in the

application.

initiation of the pre-packaged insolvency

resolution process to be made by the

resolution professional, in such form and

manner as may be specified, immediately

after his appointment.

(2) The order of moratorium shall have

effect from the date of such order till the date

on which the pre-packaged insolvency

resolution process period comes to an end.

54F. Duties and powers of resolution

professional during pre-packaged insolvency

resolution process.— (1) The resolution

professional shall conduct the pre-packaged

insolvency resolution process of a corporate

debtor during the pre-packaged insolvency

resolution process period.

(2) The resolution professional shall

perform the following duties, namely:—

(a) confirm the list of claims submitted

by the corporate debtor under section 54G,

in such manner as may be specified;

(b) inform creditors regarding their

claims as confirmed under clause (a), in

such manner as may be specified;

(d) monitor managemant of the affairs of

the corporate debtor;

(e) inform the committee of creditors in

the event of breach of any of the obligations

of the Board of Directors or partners, as

the case may be, of the corporate debtor,

under the provisions of this Chapter and

the rules and regulations made thereunder;

(f) constitute the committee of creditors

and convene and attend all its meetings;

(g)

prepare

the

information

memorandum on the basis of the

preliminary information memorandum

submitted under section 54G and any other

relevant information, in such form and

manner as may be specified;

(h) file applications for avoidance of

transactions under Chapter III or fraudulent

or wrongful trading under Chapter VI, if

any; and

(i) such other duties as may be specified.

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(3) The resolution professional shall

exercise the following powers, namely:—

(a) access all books of accounts, records

and information available with the

corporate debtor;

(b) access the electronic records of the

corporate debtor from an information utility

having financial information of the

corporate debtor;

and other relevant documents of the

corporate

debtor

available

with

Government authorities, statutory auditors,

accountants and such other persons as

may be specified;

(d) attend meetings of members, Board

of Directors and committee of directors, or

partners, as the case may be, of the

corporate debtor;

(e) appoint accountants, legal or other

professionals in such manner as may be

specified;

(f) collect all information relating to the

assets, finances and operations of the

corporate debtor for determining the

financial position of the corporate debtor

and the existence of any transactions that

may be within the scope of provisions

relating to avoidance of transactions under

Chapter III or fraudulent or wrongful

trading under Chapter VI, including

information relating to—

(i) business operations for the previous

two years from the date of pre-packaged

insolvency commencement date;

(ii) financial and operational payments

for the previous two years from the

date of pre-packaged insolvency

commencement date;

(iii) list of assets and liabilities as on

the initiation date; and

(iv) such other matters as may be

specified;

(g) take such other actions in such

manner as may be specified.

(4) From the date of appointment of the

resolution professional, the financial

institutions maintaining accounts of the

corporate debtor shall furnish all information

relating to the corporate debtor available

with them to the resolution professional, as

and when required by him.

(5) The personnel of the corporate debtor,

its promoters and any other person

associated with the management of the

corporate debtor shall extend all assistance

and cooperation to the resolution professional

as may be required by him to perform his

duties and exercise his powers, and for such

purposes, the provisions of sub-sections (2)

and (3) of section 19 shall, mutatis mutandis

apply, in relation to the proceedings under

this Chapter.

(6) The fees of the resolution professional

and any expenses incurred by him for

conducting the pre-packaged insolvency

resolution process shall be determined in

such manner as may be specified:

Provided that the committee of creditors

may impose limits and conditions on such

fees and expenses:

Provided further that the fees and expenses

for the period prior to the constitution of the

committee of creditors shall be subject to

ratification by it.

(7) The fees and expenses referred to in

sub-section (6) shall be borne in such manner

as may be specified.

54G. List of claims and preliminary

information

memorandum.—

(1)

The

corporate debtor shall, within two days of

the pre-packaged insolvency commencement

date, submit to the resolution professional the

following information, updated as on that

date, in such form and manner as may be

specified, namely:—

(a) a list of claims, along with details of

the respective creditors, their security

interests and guarantees, if any; and

(b)

preliminary

information

memorandum containing information

relevant for formulating a resolution plan.

OFFICIAL GAZETTE — GOVT. OF GOA

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(2) Where any person has sustained any

loss or damage as a consequence of the

omission of any material information or

inclusion of any misleading information in the

list of claims or the preliminary information

memorandum submitted by the corporate

debtor, every person who—

(a) is a promoter or director or partner

of the corporate debtor, as the case may

be, at the time of submission of the list of

claims or the preliminary information

memorandum by the corporate debtor; or

(b) has authorised the submission of the

list of claims or the preliminary information

memorandum by the corporate debtor,

shall, without prejudice to section 77A, be

liable to pay compensation to every person

who has sustained such loss or damage.

(3) No person shall be liable under sub-

section (2), if the list of claims or the

preliminary information memorandum was

submitted by the corporate debtor without

his knowledge or consent.

(4) Subject to section 54E, any person, who

sustained any loss or damage as a

consequence of omission of material

information or inclusion of any misleading

information in the list of claims or the

preliminary information memorandum shall

be entitled to move a court having

jurisdiction for seeking compensation for

such loss or damage.

54H. Management of affairs of corporate

debtor.—

During

the

pre-packaged

insolvency resolution process period,—

(a) the management of the affairs of the

corporate debtor shall continue to vest in

the Board of Directors or the partners, as

the case may be, of the corporate debtor,

subject to such conditions as may be

specified;

(b) the Board of Directors or the

partners, as the case may be, of the

corporate debtor, shall make every

endeavour to protect and preserve the

value of the property of the corporate

debtor, and manage its operations as a

going concern; and

and partners, as the case may be, of the

corporate debtor, shall exercise and

discharge their contractual or statutory

rights and obligations in relation to the

corporate debtor, subject to the provisions

of this Chapter and such other conditions

and restrictions as may be prescribed.

54-I. Committee of creditors.— (1) The

resolution professional shall, within seven

days of the pre-packaged insolvency

commencement date, constitute a committee

of creditors, based on the list of claims

confirmed under clause (a) of sub-section (2)

of section 54F:

Provided that the composition of the

committee of creditors shall be altered on

the basis of the updated list of claims, in such

manner as may be specified, and any such

alteration shall not affect the validity of any

past decision of the committee of creditors.

(2) The first meeting of the committee of

creditors shall be held within seven days of

the constitution of the committee of creditors.

(3) Provisions of section 21, except sub-

section (1) thereof, shall, mutatis mutandis

apply, in relation to the committee of creditors

under this Chapter:

Provided that for the purposes of this sub-

section, references to the “resolution

professional” under sub-sections (9) and (10)

of section 21, shall be construed as references

to “corporate debtor or the resolution

professional”.

54J. Vesting management of corporate

debtor with resolution professional.— (1)

Where the committee of creditors, at any time

during

the

pre-packaged

insolvency

resolution process period, by a vote of not

less than sixty-six per cent. of the voting

shares, resolves to vest the management of

the corporate debtor with the resolution

professional, the resolution professional shall

make an application for this purpose to the

Adjudicating Authority, in such form and

manner as may be specified.

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(2) On an application made under sub-

section (1), if the Adjudicating Authority is of

the opinion that during the pre-packaged

insolvency resolution process—

(a) the affairs of the corporate debtor

have been conducted in a fraudulent

manner; or

(b)

there

has

been

gross

mismanagement of the affairs of the

corporate debtor,

it shall pass an order vesting the

management of the corporate debtor with the

resolution professional.

(3) Notwithstanding anything to the

contrary contained in this Chapter, the

provisions of-

(a) sub-sections (2) and (2A) of section

14;

(b) section 17;

(d) sections 19 and 20;

(e) sub-section (1) of section 25;

(f) clauses (a) to (c) and clause (k) of

sub-section (2) of section 25; and

(g) section 28,

shall, mutatis mutandis apply, to the

proceedings under this Chapter, from the

date of the order under sub-section (2), until

the pre-packaged insolvency resolution

process period comes to an end.

54K. Consideration and approval of

resolution plan.— (1) The corporate debtor

shall submit the base resolution plan, referred

to in clause (c) of sub-section (4) of section

54A, to the resolution professional within two

days of the pre-packaged insolvency

commencement date, and the resolution

professional shall present it to the committee

of creditors.

(2) The committee of creditors may provide

the corporate debtor an opportunity to revise

the base resolution plan prior to its approval

under sub-section (4) or invitation of

prospective resolution applicants under sub-

section (5), as the case may be.

(3) The resolution plans and the base

resolution plan, submitted under this section

shall conform to the requirements referred

to in sub-sections (1) and (2) of section 30,

and the provisions of sub-sections (1), (2) and

(5) of section 30 shall, mutatis mutandis

apply, to the proceedings under this Chapter.

(4) The committee of creditors may approve

the base resolution plan for submission to

the Adjudicating Authority if it does not

impair any claims owed by the corporate

debtor to the operational creditors.

(5) Where—

(a) the committee of creditors does not

approve the base resolution plan under

sub-section (4); or

(b) the base resolution plan impairs any

claims owed by the corporate debtor to

the operational creditors,

the resolution professional shall invite

prospective resolution applicants to submit

a resolution plan or plans, to compete with

the base resolution plan, in such manner as

may be specified.

(6) The resolution applicants submitting

resolution plans pursuant to invitation under

sub-section (5), shall fulfil such criteria as

may be laid down by the resolution

professional with the approval of the

committee of creditors, having regard to the

complexity and scale of operations of the

business of the corporate debtor and such

other conditions as may be specified.

(7) The resolution professional shall provide

to the resolution applicants,—

(a) the basis for evaluation of resolution

plans for the purposes of sub-section (9),

as approved by the committee of creditors

subject to such conditions as may be

specified; and

(b) the relevant information referred to

in section 29, which shall, mutatis

mutandis apply, to the proceedings under

this Chapter,

in such manner as may be specified.

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(8) The resolution professional shall present

to the committee of creditors, for its

evaluation, resolution plans which conform

to the requirements referred to in sub-section

(2) of section 30.

(9) The committee of creditors shall

evaluate the resolution plans presented by

the resolution professional and select a

resolution plan from amongst them.

(10) Where, on the basis of such criteria

as may be laid down by it, the committee of

creditors decides that the resolution plan

selected under sub-section (9) is significantly

better than the base resolution plan, such

resolution plan may be selected for approval

under sub-section (12):

Provided that the criteria laid down by the

committee of creditors under this sub-section

shall be subject to such conditions as may

be specified.

(11) Where the resolution plan selected

under sub-section (9) is not considered for

approval or does not fulfil the requirements

of sub-section (10), it shall compete with the

base resolution plan, in such manner and

subject to such conditions as may be

specified, and one of them shall be selected

for approval under sub-section (12).

(12) The resolution plan selected for

approval under sub-section (10) or sub-

section (11), as the case may be, may be

approved by the committee of creditors for

submission to the Adjudicating Authority:

Provided that where the resolution plan

selected for approval under sub-section (11)

is not approved by the committee of

creditors, the resolution professional shall file

an application for termination of the pre-

packaged insolvency resolution process in

such form and manner as may be specified.

(13) The approval of the resolution plan

under sub-section (4) or sub-section (12), as

the case may be, by the committee of

creditors, shall be by a vote of not less than

sixty-six per cent. of the voting shares, after

considering its feasibility and viability, the

manner of distribution proposed, taking into

account the order of priority amongst

creditors as laid down in sub-section (1) of

section 53, including the priority and value

of the security interest of a secured creditor

and such other requirements as may be

specified.

(14) While considering the feasibility and

viability of a resolution plan, where the

resolution plan submitted by the corporate

debtor provides for impairment of any claims

owed by the corporate debtor, the committee

of creditors may require the promoters of the

corporate debtor to dilute their shareholding

or voting or control rights in the corporate

debtor:

Provided that where the resolution plan

does not provide for such dilution, the

committee of creditors shall, prior to the

approval of such resolution plan under sub-

section (4) or sub-section (12), as the case

may be, record reasons for its approval.

(15) The resolution professional shall

submit the resolution plan as approved by

the committee of creditors under sub-section

(4) or sub-section (12), as the case may be,

to the Adjudicating Authority.

Explanation I.— For the removal of doubts,

it is hereby clarified that, the corporate

debtor being a resolution applicant under

clause (25) of section 5, may submit the base

resolution plan either individually or jointly

with any other person.

Explanation II.— For the purposes of sub-

sections (4) and (14), claims shall be

considered to be impaired where the

resolution plan does not provide for the full

payment of the confirmed claims as per the

updated list of claims maintained by the

resolution professional.

54L. Approval of resolution plan.— (1) If

the Adjudicating Authority is satisfied that

the resolution plan as approved by the

committee of creditors under sub-section (4)

or sub-section (12) of section 54K, as the case

may be, subject to the conditions provided

therein, meets the requirements as referred

to in sub-section (2) of section 30, it shall,

within thirty days of the receipt of such

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resolution plan, by order approve the

resolution plan:

Provided that the Adjudicating Authority

shall, before passing an order for approval of

a resolution plan under this sub-section,

satisfy itself that the resolution plan has

provisions for its effective implementation.

(2) The order of approval under sub-section

(1) shall have such effect as provided under

sub-sections (1), (3) and (4) of section 31,

which shall, mutatis mutandis apply, to the

proceedings under this Chapter.

(3) Where the Adjudicating Authority is

satisfied that the resolution plan does not

conform to the requirements referred to in

sub-section (1), it may, within thirty days of

the receipt of such resolution plan, by an

order, reject the resolution plan and pass an

order under section 54.

(4) Notwithstanding anything to the

contrary contained in this section, where the

Adjudicating Authority has passed an order

under sub-section (2) of section 54J and the

resolution plan approved by the committee

of creditors under sub-section (4) or sub-

section (12), as the case may be, of section

54K, does not result in the change in the

management or control of the corporate

debtor to a person who was not a promoter

or in the management or control of the

corporate debtor, the Adjudicating Authority

shall pass an order—

(a) rejecting such resolution plan;

(b) terminating the pre-packaged

insolvency resolution process and passing

a liquidation order in respect of the

corporate debtor as referred to in sub-

clauses (i), (ii) and (iii) of clause (b) of sub-

section (1) of section 33; and

insolvency resolution process costs, if any,

shall be included as part of the liquidation

costs for the purposes of liquidation of the

corporate debtor.

54M. Appeal against order under section

54L.— Any appeal from an order approving

the resolution plan under sub-section (1) of

section 54L, shall be on the grounds laid

down in sub-section (3) of section 61.

54N.

Termination

pre-packaged

insolvency resolution process.— (1) Where

the resolution professional files an application

with the Adjudicating Authority,—

(a) under the proviso to sub-section (12)

of section 54K; or

(b) under sub-section (3) of section 54D,

the Adjudicating Authority shall, within thirty

days of the date of such application, by an

order,—

(i) terminate the pre-packaged

insolvency resolution process; and

(ii) provide for the manner of

continuation of proceedings initiated for

avoidance of transactions under Chapter

III or proceedings initiated under section

66 and section 67A, if any.

(2) Where the resolution professional, at

any time after the pre-packaged insolvency

commencement date, but before the approval

of resolution plan under sub-section (4) or

sub-section (12), as the case may be, of

section 54K, intimates the Adjudicating

Authority of the decision of the committee of

creditors, approved by a vote of sixty-six per

cent. of the voting shares, to terminate the

pre-packaged insolvency resolution process,

the Adjudicating Authority shall pass an

order under sub-section (1).

(3) Where the Adjudicating Authority

passes an order under sub-section (1), the

corporate debtor shall bear the pre-packaged

insolvency resolution process costs, if any.

(4) Notwithstanding anything to the

contrary contained in this section, where the

Adjudicating Authority has passed an order

under sub-section (2) of section 54J and the

pre-packaged insolvency resolution process

is required to be terminated under sub-

section (1), the Adjudicating Authority shall

pass an order—

(a) of liquidation in respect of the

corporate debtor as referred to in sub-

clauses (i), (ii) and (iii) of clause (b) of sub-

section (1) of section 33; and

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(b) declare that the pre-packaged

insolvency resolution process costs, if any,

shall be included as part of the liquidation

costs for the purposes of liquidation of the

corporate debtor.

54-O. Initiation of corporate insolvency

resolution process.— (1) The committee of

creditors, at any time after the pre-packaged

insolvency commencement date but before

the approval of resolution plan under sub-

section (4) or sub-section (12), as the case

may be, of section 54K, by a vote of sixty-six

per cent. of the voting shares, may resolve to

initiate a corporate insolvency resolution

process in respect of the corporate debtor, if

such corporate debtor is eligible for corporate

insolvency

resolution

process

under

Chapter II.

(2) Notwithstanding anything to the

contrary contained in Chapter II, where the

resolution professional intimates the

Adjudicating Authority of the decision of the

committee of creditors under sub-section (1),

the Adjudicating Authority shall, within thirty

days of the date of such intimation, pass an

order to—

(a)

terminate

the

pre-packaged

insolvency resolution process and initiate

corporate insolvency resolution process

under Chapter II in respect of the corporate

debtor;

(b) appoint the resolution professional

referred to in under clause (b) of sub-

section (1) of section 54E as the interim

resolution

professional,

subject

submission of written consent by such

resolution professional to the Adjudicatory

Authority in such form as may be

specified; and

insolvency resolution process costs, if any,

shall be included as part of insolvency

resolution process costs for the purposes

of the corporate insolvency resolution

process of the corporate debtor.

(3) Where the resolution professional fails

to submit written consent under clause (b)

of sub-section (2), the Adjudicating Authority

shall

appoint

interim

resolution

professional by making a reference to the

Board for recommendation, in the manner as

provided under section 16.

(4) Where the Adjudicating Authority

passes an order under sub-section (2)—

(a) such order shall be deemed to be an

order of admission of an application under

section 7 and shall have the same effect;

(b) the corporate insolvency resolution

process shall commence from the date of

such order;

avoidance of transactions under Chapter

III or proceedings initiated under section

66 and section 67A, if any, shall continue

during the corporate insolvency resolution

process;

(d) for the purposes of sections 43, 46

and 50, references to “insolvency

commencement date” shall mean “pre-

packaged insolvency commencement

date”; and

(e) in computing the relevant time or the

period for avoidable transactions, the time-

period for the duration of the pre-packaged

insolvency resolution process shall also be

included, notwithstanding anything to the

contrary contained in sections 43, 46 and

50.

54P. Application of provisions of Chapters

II, III, VI and VII to this Chapter.— (1) Save

as provided under this Chapter, the

provisions of sections 24, 25A, 26, 27, 28, 29A,

32A, 43 to 51, and the provisions of Chapters

VI and VII of this Part shall, mutatis mutandis

apply, to the pre-packaged insolvency

resolution process, subject to the following,

namely:—

(a) reference to “members of the

suspended Board of Directors or the

partners” under clause (b) of sub-section

(3) of section 24 shall be construed as

reference to “members of the Board of

Directors or the partners, unless an order

has been passed by the Adjudicating

Authority under section 54J”;

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(b) reference to “clause (j) of sub-section

(2) of section 25” under section 26 shall be

construed as reference to “clause (h) of

sub-section (2) of section 54F”;

section 27 shall be construed as reference

to “section 54E”;

(d) reference to “resolution professional”

in sub-sections (1) and (4) of section 28

shall be construed as “corporate debtor”;

(e) reference to “section 31” under sub-

-section (3) of section 61 shall be construed

as reference to “sub-section (1) of section

54L”;

(f) reference to “section 14” in sub-

-sections (1) and (2) of section 74 shall be

construed as reference to “clause (a) of

sub-section (1) of section 54E”;

(g) reference to “section 31” in sub-

-section (3) of section 74 shall be construed

as” reference to “sub-section (1) of section

54L”.

(2) Without prejudice to the provisions of

this Chapter and unless the context

otherwise requires, where the provisions of

Chapters II, III, VI and VII are applied to the

proceedings under this Chapter, references

to—

(a) “insolvency commencement date”

shall be construed as references to “pre-

packaged insolvency commencement

date”;

(b) “resolution professional” or “interim

resolution professional”, as the case may

be, shall be construed as references to the

resolution professional appointed under this

Chapter;

process” shall be construed as references

to “pre-packaged insolvency resolution

process”; and

(d) “insolvency resolution process

period” shall be construed as references

to “pre-packaged insolvency resolution

process period.”.’.

9. Amendment of section 61.— In section

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

the following sub-sections shall be

substituted, namely:—

“(4) An appeal against a liquidation

order passed under section 33, or sub-

-section (4) of section 54L, or sub-section

(4) of section 54N, may be filed on grounds

of material irregularity or fraud committed

in relation to such a liquidation order.

(5) An appeal against an order for

initiation of corporate insolvency resolution

process passed under sub-section (2) of

section 54-O may be filed on grounds of

material irregularity or fraud committed in

relation to such an order.”.

10. Amendment of section 65.— In section

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

the following sub-section shall be inserted,

namely:—

“(3) If, any person initiates the pre-

packaged insolvency resolution process—

(a) fraudulently or with malicious

intent for any purpose other than for the

resolution of insolvency; or

(b) with the intent to defraud any

person,

the Adjudicating Authority may impose upon

such person a penalty which shall not be

less than one lakh rupees, but may extend to

one crore rupees.”.

11. Insertion of new section 67 A.— After

section 67 of the principal Act, the following

section shall be inserted, namely:—

“67A. Fraudulent management of

corporate debtor during pre-packaged

insolvency resolution process.— On and

after

the

pre-packaged

insolvency

commencement date, where an officer of

the corporate debtor manages its affairs

with the intent to defraud creditors of the

corporate debtor or for any fraudulent

purpose, the Adjudicating Authority may,

on an application by the resolution

professional, pass an order imposing upon

any such officer, a penalty which shall not

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be less than one lakh rupees, but may

extend to one crore rupees.”.

12. Omission of Explanation to section 77.—

In section 77 of the principal Act, the

Explanation shall be omitted.

13. Insertion of new section 77A.— After

section 77 of the principal Act, the following

section shall be inserted, namely:—

“77A. Punishment for offences related to

pre-packaged

insolvency

resolution

process.— (1) Where—

(a) a corporate debtor provides any

information in the application under

section 54C which is false in material

particulars, knowing it to be false

oromits any material fact, knowing it to

be material; or

(b) a corporate debtor provides any

information in the list of claims or the

preliminary information memorandum

submitted under sub-section (1) of

section 540 which is false in material

particulars, knowing it to be false or

omits any material fact, knowing it to be

material; or

wilfully authorised or permitted the

furnishing of such information under sub-

clauses (a) and (b),

such corporate debtor or person, as the case

may

be,

shall

punishable

with

imprisonment for a term which shall not be

less than three years, but which may extend

to five years or with fine which shall not be

less than one lakh rupees, but which may

extend to one crore rupees, or with both.

(2) If a director or partner of the corporate

debtor, as the case may be, deliberately

contravenes the provisions of Chapter III-A,

such person shall be punishable with

imprisonment for not less than three years,

but which may extend to five years, or with

fine which shall not be less than one lakh

rupees, but which may extend to one crore

rupees, or with both.

Explanation.— For the purposes of this

section, and sections 75, 76 and 77, an

application shall be deemed to be false in

material particulars in case the facts

mentioned or omitted in the application, if

true, or not omitted from the application as

the case may be, would have been sufficient

to determine the existence of a default under

this Code.”.

14. Amendment of section 208.— In section

208 of the principal Act,—

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

shall be inserted, namely:—

“(ca)

pre-packaged

insolvency

resolution process under Chapter III-A

of Part II;”;

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

sub-section shall be inserted, namely:—

“(1A) Where the name of the

insolvency professional proposed to be

appointed as a resolution professional,

is approved under clause (e) of sub-

section (2) of section 54A, it shall be the

function of such insolvency professional

to take such actions as may be

necessary to perform his functions and

duties prior to the initiation of the pre-

packaged insolvency resolution process

under Chapter III-A of Part II.”.

15. Amendment of section 239.— In section

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

after clause (fc), the following clauses shall

be inserted, namely:—

“(fd) the form, particulars, manner and

fee for making application before the

Adjudicating Authority under sub-section

(2) of section 54C;

(fe) the conditions and restrictions with

which the promoters, members, personnel

and partners of the corporate debtor shall

exercise and discharge contractual or

statutory rights and obligations under

clause (c) of section 54H;”.

16. Amendment of section 240.— In section

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

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

shall be inserted, namely:—

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“(ea) the other costs under sub-clause

(e) of clause (23C) of section 5;”;

(ii) after clause (zk), the following

clauses shall be inserted, namely:—

“(zka) such number of financial

creditors and the manner of proposing

the insolvency professional, and the form

for

approving

such

insolvency

professional by the financial creditors

under clause (e), the persons who shall

provide approval under the proviso to

clause (e), the form for making a

declaration under clause (f) of sub-

section (2) of section 54A;

(zkb) the form for obtaining approval

from financial creditors under sub-

section (3), and the persons who shall

provide approval under the proviso to

sub-section (3) of section 54A;

(zkc) the other conditions for the base

resolution plan under clause (c), and

such information and documents under

clause (d) of sub-section (4) of section

54A;

(zkd) the form in which the report is

to be prepared under clause (a), such

reports and other documents under

clause (b), and such other duties under

cause (c) of sub-section (1), and the

manner of determining the fees under

sub-section (3) of section 54B;

(zke) the form for providing written

consent of the insolvency professional

under clause (b), the form for declaration

under clause (c), the information relating

to books of account and such other

documents relating to such period under

clause (d) of sub-section (3) of section

54C;

(zkf) the form and manner for making

application for termination of the pre-

packaged insolvency resolution process

under sub-section (3) of section 54D;

(zkg) the form and manner of making

public announcement under clause (c)

of sub-section (1) of section 54E;

(zkh) the manner of confirming the list

of claims under clause (a), the manner

of informing creditors under clause (b),

the manner of maintaining an updated

list of claims under clause (c), the form

and manner of preparing the information

memorandum under clause (g), and

such other duties under clause (i) of sub-

section (2) of section 54F;

(zki) such other persons under clause

(c),

the

manner

appointing

accountants, legal or other professionals

under clause (e), such other matters

under sub-clause (iv) of clause (f) and

the manner of taking other actions under

clause (g) of sub-section (3) of section

54F;

(zkj) the manner of determination of

fees and expenses as may be incurred

by the resolution professional under sub-

section (6) of section 54F;

(zkk) manner of bearing fees and

expenses under sub-section (7) of section

54F;

(zkl) the form and manner of list of

claims and preliminary information

memorandum under sub-section (1) of

section 54G;

(zkm) the conditions under clause (a)

of section 54H;

(zkn) the manner of alteration of the

composition of the committee of creditors

under the proviso to sub-section (1) of

section 54I;

(zko) the form and manner of making

application under sub-section (1) of

section 54J;

(zkp)

the

manner

inviting

prospective resolution applicants under

sub-section (5) of section 54K;

(zkq) other conditions under sub-

-section (6) of section 54K;

(zkr) the conditions under clause (a)

and the manner of providing the basis

for evaluation of resolution plans and the

information referred to in section 29

under sub-section (7) of section 54K;

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(zks) the conditions under the proviso

to sub-section (10) of section 54K;

(zkt) the manner and conditions under

sub-section (11) of section 54K;

(zku) the form and manner of filing

application under the proviso to

sub-section (12) of section 54K;

(zkv) other requirements under

sub-section (13) of section 54K;

(zkw) the form for submission of

written consent under clause (b) of

sub-section (2) of section 54-O;”.

17. Amendment of section 240A.— In

section 240A of the principal Act, in sub-

-section (1), after the words “corporate

insolvency resolution process”, the words “or

pre-packaged insolvency resolution process”

shall be inserted.

RAM NATH KOVIND.

President.

Dr. G. NARAYANA RAJU

Secretary to the Government of India.

_____

Notification

10/2/2021-LA/83(b)

The

Commission

for

Air

Quality

Management in National Capital Region and

Adjoining Areas Ordinance, 2021 (Ordinance

No. 4 of 2021), which has been Promulgated

by the President in the Seventy-second Year

of the Republic of India and published in the

Gazette of India, Extraordinary, Part II,

Section I, dated 13-4-2021, is hereby

published for the general information of the

public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 11th May, 2021.

______

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 13th April, 2021/Chaitra 23,

1943 (Saka)

THE COMMISSION FOR AIR QUALITY

MANAGEMENT IN NATIONAL CAPITAL

REGION AND ADJOINING AREAS

ORDINANCE, 2021

No. 4 of 2021

Promulgated by the President in the Seventy-

-Second Year of the Republic of India.

An Ordinance to provide for the

constitution of the Commission for Air Quality

Management in National Capital Region and

Adjoining Areas for better co-ordination,

research, identification and resolution of

problems surrounding the air quality index

and for matters connected therewith or

incidental thereto.

Whereas the Commission for Air

Quality Management in National

Capital Region and Adjoining Areas

Ordinance, 2020 was promulgated

by the President on the 28th day of

October, 2020;

And whereas the Bill to replace the

Commission for Air Quality Management in

National Capital Region and Adjoining Areas

Ordinance, 2020 has not been passed;

And whereas the Commission constituted

under section 3 of the Commission for Air

Quality Management in National Capital

Region and Adjoining Areas Ordinance, 2020

was operational, but ceased to exist on

account of lapse of said Ordinance on the

12th day of March, 2021;

And whereas the continuance of the

Commission is necessary for effective

management of air quality in the National

Capital Region and Adjoining Areas;

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:—

Ord.

13 of 2020.

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CHAPTER I

Preliminary

1. Short title, application and commence-

ment.— (1) This Ordinance may be called

the Commission for Air Quality Management

in National Capital Region and Adjoining

Areas Ordinance, 2021.

(2) It shall apply to the National Capital

Region and also to adjoining areas in so far

as it relates to matters concerning air

pollution in the National Capital Region.

(3) It shall come into force at once.

2. Definitions.— (1) In this Ordinance,

unless the context otherwise requires,––

(a) “adjoining areas” means the areas

in the States of Haryana, Punjab, Rajasthan

and Uttar Pradesh, adjoining the National

Capital Territory of Delhi and the National

Capital Region, where any source of

pollution is located, causing adverse

impact on air quality in the National Capital

Region;

(b) “Associate Member” means a

member who is co-opted under sub-section

(3) of section 3;

(c)

“Chairperson”

means

the

Chairperson of the Commission for Air

Quality Management in National Capital

Region and Adjoining Areas referred to in

section 3;

(d)

“Commission”

means

the

Commission for Air Quality Management

in National Capital Region and Adjoining

Areas constituted under section 3;

(e) “Member” means a Member of the

Commission and includes the Chairperson

thereof;

(f) “National Capital Region”

shall have the same meaning as

assigned to it in clause (f) of

section 2 of the National Capital

Region Planning Board Act, 1985;

(g) “prescribed” means prescribed by

rules made under this Ordinance.

(2) The words used herein and

not defined, but defined in the

Environment (Protection) Act, 1986,

shall have the meaning as assigned

to them in that Act.

CHAPTER II

Commission for Air Quality Management in

National Capital Region and Adjoining areas

3. Constitution of Commission.— (1) The

Central Government shall, by notification in

the Official Gazette, constitute a body to be

known as the Commission for Air Quality

Management in National Capital Region and

Adjoining Areas to exercise the powers

conferred upon, and to perform the functions

assigned to, that Commission under this

Ordinance.

(2) The Commission shall consist of the

following Members––

(a) a full-time Chairperson having special

knowledge in the field of environment

protection or pollution control with

experience of not less than fifteen years or

having administrative experience of not

less than twenty-five years;

(b) a representative of the Secretary to

the Government of India in the Ministry of

Environment, Forest and Climate Change,

who shall be an officer not below the rank

of Joint Secretary, ex officio;

Chief Secretaries, or Secretaries in-charge

the

department

dealing

with

environment protection in the National

Capital Territory of Delhi and the States of

Punjab, Haryana, Rajasthan and Uttar

Pradesh;

(d) one full-time member who is or has

been a Joint Secretary to the Government

of India;

(e) three full-time independent technical

Members to be appointed from amongst

persons

having

specific

scientific

knowledge and experience in matters

relating to air pollution;

2 of 1985.

26 of 1986.

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(f) one technical member from the

Central Pollution Control Board, ex officio;

(g) one technical member to be

nominated by the Indian Space Research

Organisation, ex officio;

(h)

three

members

from

non-

Governmental

organisations

having

experience

matters

concerning

combating of air pollution;

(i) one representative of the National

Institution for Transforming India, not

below the rank of Joint Secretary or

Adviser, ex officio;

(j) one officer in the rank of Joint

Secretary to the Government of India to

be appointed by the Central Government

as a full-time Member-Secretary of the

Commission;

(k) three members, being stakeholders

from such sectors as agriculture, industry,

transport or construction.

(3) The Commission may co-opt the

following persons as Associate Members,

namely:––

(a) a representative of the Ministry of

Road Transport and Highways, not below

the rank of Joint Secretary to the

Government of India;

(b) a representative of the Ministry of

Power, not below the rank of Joint

Secretary to the Government of India;

Housing and Urban Affairs, not below the

rank of Joint Secretary to the Government

of India;

(d) a representative of the Ministry of

Petroleum and Natural Gas, not below the

rank of Joint Secretary to the Government

of India;

(e) a representative of the Ministry of

Agriculture and Farmers’ Welfare, not

below the rank of Joint Secretary to the

Government of India;

(f) a representative of the Ministry of

Commerce and Industry, not below the

rank of Joint Secretary to the Government

of India;

(g) a representative of any association

of commerce or industry;

(h) such other Associate Members, as

may be prescribed.

(4) The Member-Secretary shall be the

Chief Coordinating Officer of the Commission

and shall assist the Commission in the

discharge of its functions under this

Ordinance.

(5) The headquarters of the Commission

shall be at Delhi and the Commission may,

with the previous approval of the Central

Government, establish offices at other places

in National Capital Region or Adjoining

Areas.

(6) Notwithstanding anything contained in

any other law for the time being in force,

and notwithstanding any judgment or order

of any court, the Commission shall have

exclusive jurisdiction in the National Capital

Region and Adjoining Areas in respect of

matters covered by this Ordinance and no

other body, authority, individual or committee

shall have any power or jurisdiction in the

matters covered under this Ordinance:

Provided that the powers, functions and

duties of the Commission shall not be in

derogation of the powers, functions and

duties of the Central Government, the

Governments of the National Capital territory

of Delhi and of the States of Punjab, Haryana,

Rajasthan and Uttar Pradesh, the Central

Pollution Control Board, the State Pollution

Control Boards of the States of Punjab,

Haryana, Rajasthan and Uttar Pradesh and

the Pollution Control Committee of the State

of Delhi:

Provided further that in case of any conflict

in the orders or directions of the Commission

and the Governments of the National Capital

territory of Delhi and of the States of Punjab,

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Haryana, Rajasthan and Uttar Pradesh or the

Central Pollution Control Board or the State

Pollution Control Boards of the States of

Punjab, Haryana, Rajasthan and Uttar

Pradesh or the Pollution Control Committee

of the State of Delhi or any other statutory

authority set up or established under a State

Act, the order or direction of the Commission

shall prevail.

4. Appointment of Chairperson, Members

and Member-Secretary.— (1) The full-time

Chairperson and full-time Members, other

than ex officio Members, of the Commission

shall be appointed by the Central

Government:

Provided that every appointment under

this sub-section shall, subject to the

provisions of second proviso, be made on the

recommendations of a Selection Committee

consisting of––

(a) Minister in-charge of the Ministry of

Environment, Forest and Climate Change

in the Government of India— Chairperson;

(b) Minister in-charge of the Ministry of

Commerce and Industry in the Government

of India –– Member;

Road Transport and Highways in the

Government of India –– Member;

(d) Minister in-charge of the Ministry of

Science

and

Technology

the

Government of India –– Member;

(e) Cabinet Secretary –– Member:

Provided further that in case where the

Central Government appoints a serving

officer as the Chairperson under clause (a) of

sub-section (2) of section 3, or the full-time

Member under clause (d) thereof, then, no

recommendation of the Selection Committee

shall be required.

(2) No appointment of the Chairperson or

a Member shall be invalid merely by reason

of any vacancy of any member in the

Selection Committee referred to in sub-

-section (1).

(3) The appointment of the Member-

Secretary of the Commission shall be made

by the Central Government in such manner,

subject to such terms and conditions, as may

be prescribed.

5. Registration and removal of Chairperson

and Members.— (1) The full-time Chairperson

or a Member, other than an ex officio member,

may, by notice in writing under his hand

addressed to the Central Government, resign

his office.

(2) The Central Government may remove

the Chairperson or any member, other than

an ex officio member, from his office, in such

manner as may be prescribed, if such

person—

(a) is adjudged an insolvent;

(b) engages during his term of office in

any paid employment outside the duties of

his office;

of infirmity of mind or body;

(d) is of unsound mind and stands so

declared by a competent court;

(e) has so abused his position as to

render his continuance in office prejudicial

to the public interest;

(f) has acquired such financial or other

interest as is likely to affect prejudicially

his functions; or

(g) is convicted and sentenced to

imprisonment for an offence which in the

opinion of the Central Government involves

moral turpitude:

Provided that no such Member shall be so

removed, unless he has been given an

opportunity of being heard.

6. Term of office of Chairperson and

Members.— The full-time Chairperson or a

Member, other than an ex-officio member,

shall hold office for a term of three years from

the date on which he enters upon his office

or until he attains the age of seventy years,

whichever is earlier, and shall be eligible for

re-appointment.

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7. Member to act as Chairperson or to

discharge

his

functions

certain

circumstances.— (1) In the event of the

occurrence of any vacancy in the office of

the Chairperson by reason of death,

resignation or otherwise, the Central

Government may, by notification, authorise

one of the Members to act as the Chairperson

until the appointment of a new Chairperson

to fill such vacancy.

(2) When the Chairperson is unable to

discharge his functions owing to absence on

leave or otherwise, such one of the Members

as the Central Government may, by

notification, authorise in this behalf, shall

discharge the functions of the Chairperson

until the date on which the Chairperson

resumes his duties.

8. Terms and conditions of service of

Chairperson and Members.— The salaries and

allowances payable to, and the other terms

and conditions of service of, the Chairperson

and Members, other than ex officio members,

shall be such as may be prescribed:

Provided that neither the salary and

allowances nor the other terms and

conditions of service of the Chairperson or a

Member shall be varied to his disadvantage

after his appointment.

Vacancies,

etc.,

not

invalidate

proceedings of Commission.— No act or

proceedings of the Commission shall be

invalidated merely on the ground of existence

of any vacancy or defect in the constitution

of the Commission.

10. Procedure to be regulated by

Commission.— (1) The Commission shall

meet at such time and place as the

Chairperson may think fit.

(2) Subject to the provisions of this

Ordinance and the rules made thereunder,

the Commission shall have the power to lay

down by regulations its own procedure.

(3) All orders and decisions of the

Commission shall be authenticated by the

Member-Secretary or any other officer of the

Commission duly authorised by the

Chairperson in this behalf.

(4) The Commission may, by general or

special order, subject to such conditions and

limitations, if any, as may be specified therein,

delegate to the Chairperson, full-time member,

Member-Secretary or any Sub-Committee

constituted under section 11, such of its

powers under this Ordinance (except the

power to make regulations under section 25),

as it may deem necessary or expedient for

the purpose of protecting and improving the

quality of the air in the Nation Capital Region

and Adjoining Areas.

11. Sub-Committees and other staff of

Commission.— (1) The Commission shall

have at least the following three Sub-

Committees––

(a) Sub-Committee on Monitoring and

Identification;

(b) Sub-Committee on Safeguarding and

Enforcement;

Development.

(2) The Sub-Committee on Monitoring and

Identification shall be headed by a Member

of the Commission chosen by it and shall

have the following additional members,

namely:—

(a) one representative from the Central

Pollution Control Board;

(b) one representative each from the

State Pollution Control Board or Committee,

as the case may be, of the National Capital

territory of Delhi, Punjab, Haryana,

Rajasthan and Uttar Pradesh;

Environmental Engineering Research

Institute; and

(d) such other members as may be

specified by regulations.

(3) The Sub-Committee on Safeguarding

and Enforcement shall be headed by the full-

time Chairperson of the Commission and shall

have the following additional members,

namely:—

(a) one representative each, not below

the rank of Secretary from the department

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tackling air pollution from the National

Capital territory of Delhi and the States of

Punjab, Haryana, Rajasthan and Uttar

Pradesh;

(b) one representative each from the

State Pollution Control Board or Committee,

as the case may be, from National Capital

territory of Delhi and the States of Punjab,

Haryana, Rajasthan and Uttar Pradesh;

Inspector General of Police or equivalent

from the National Capital territory of Delhi

and the States of Punjab, Haryana,

Rajasthan and Uttar Pradesh;

(d) such other members as may be

specified by regulations.

(4) The Sub-Committee on Research and

Development shall be headed by a full-time

technical member of the Commission and

shall have the following additional members,

namely:—

(a) two technical representatives from

the National Environmental Engineering

Research Institute;

(b) one technical representative each

from research institutions or Universities

or colleges or organisations in the National

Capital territory of Delhi and in the States

of Punjab, Haryana, Rajasthan and Uttar

Pradesh;

the field of medicine and research working

or studying on the impact of air pollution

on living beings;

(d) such other members as may be

specified by regulations.

(5) The Commission may also constitute

such other Sub-Committees as it thinks fit.

(6) The members of the Sub-Committees,

other than ex officio members, shall be paid

such allowances as may be prescribed.

(7) The Central Government, in consultation

with the Commission, shall determine the

nature and the categories of officers and other

staff required to assist the Commission in the

discharge of its function and provide the

Commission with such officers and employees

as it may deem fit.

(8) The officers and other staff of the

Commission shall discharge their duties and

functions under the General Superintendence

of the Chairperson.

(9) The salaries, allowances and conditions

of service of the officers and other staff

appointed under sub-section (7) shall be such

as may be prescribed.

CHAPTER III

Powers and functions of the Commission

12. Powers and functions of Commission.—

(1) Notwithstanding anything contained in

any other law for the time being in force, the

Commission shall have the power to take all

such measures, issue directions and entertain

complaints, as it deems necessary or

expedient for the purpose of protecting and

improving the quality of the air in the National

Capital Region and Adjoining Areas and shall

also have the duty to take all such measures

as may become necessary for protecting and

improving the quality of the air in the National

Capital Region and Adjoining Areas.

(2) In particular and without prejudice to

the generality of sub-section (1), the

Commission shall, for the purposes of sub-

section (1), have the following powers to

perform its duties, including taking measures

to abate air pollution and to regulate or

prohibit activities that are likely to cause or

increase air pollution in the National Capital

Region and Adjoining Areas, namely:––

(i) co-ordination of actions by the

Governments of the National Capital

territory of Delhi and the States of Punjab,

Haryana, Rajasthan and Uttar Pradesh,

officers and other authorities under this

Ordinance or the rules made thereunder

or under any other law for the time being

in force, which is relatable to the objects

of this Ordinance;

(ii) planning and execution of a

programme for the region for the

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prevention, control and abatement of air

pollution;

(iii) laying down parameters for the

quality of air in its various aspects;

(iv) laying down parameters for emission

or discharge of environmental pollutants

from various sources whatsoever that have

implications on air quality in the region:

Provided that different parameters for

emission or discharge may be laid down

under this clause from different sources

having regard to the quality or composition

the

emission

discharge

environmental pollutants from such

sources that have implications on air

quality in the region;

(v) restriction of areas in which any

industries, operations or processes or class

of industries, operations or processes, that

have implications on air quality in the

region, shall not be carried out or shall be

carried out subject to certain safeguards;

(vi)

carrying

out

and

requiring

investigations and research relating to

problems of environmental pollution that

have implications on air quality in the

region;

(vii) inspection of any premises, plant,

equipment, machinery, manufacturing or

other processes, materials or substances

and giving, by order, of such directions to

such authorities, officers or persons as it

may consider necessary to take steps for

the prevention, control and abatement of

air pollution in the region;

(viii) collection and dissemination of

information in respect of matters relating

to air pollution in the region;

(ix) preparation of manuals, codes or

guides relating to the prevention, control

and abatement of air pollution in the region;

(x) appoint officers, with prior approval

of the Central Government, with such

designations as it thinks fit for the purposes

of this Ordinance and may entrust to them

such of the powers and functions under

this Ordinance or for the purposes of

achieving the objects of this Ordinance as

it may deem fit.

(xi) issue directions in writing to any

person, officer or any authority and such

person, officer or authority shall be bound

to comply with such directions.

Explanation.— For avoidance of doubts, it

is hereby declared that the power to issue

directions under this section includes the

power to direct—

(a) the closure, prohibition or regulation

of any industry, operation or process; or

(b) stoppage or regulation of the supply

of electricity or water or any other service.

(3) (a) Subject to the provisions of this

section, any person authorised by the

Commission in this behalf shall have a right

to enter, at all reasonable times and with

such assistance as he considers necessary,

any place, for the purpose of—

(i) performing any of the functions of the

Commission entrusted to him;

(ii) determining whether and if so in

what manner, any such functions are to

be performed or whether any provisions

of this Ordinance or the rules made

thereunder or any notice, order, direction

or authorisation served, made, given or

granted under this Ordinance is being or

has been complied with;

(iii) examining and testing any

equipment, industrial plant, record,

object or for conducting a search of any

building in which he has reasons to believe

that an offence under this Ordinance or

the rules made thereunder has been or is

being or is about to be committed and for

seizing any such equipment, industrial

plant, record, register, document or other

material object if he has reasons to believe

that it may furnish evidence of the

Commission of an offence punishable under

this Ordinance or the rules made

thereunder or that such seizure is

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necessary

prevent

mitigate

environmental pollution.

(b) every person carrying on any industry,

operation or process or handling any

hazardous substance shall be bound to

render all assistance to the person

empowered by the Commission under clause

(a) for carrying out the functions under that

clause and if he fails to do so without any

reasonable cause or excuse, he shall be guilty

of an offence under this Ordinance.

obstructs any person authorised by the

Commission under clause (a) in the

performance of his functions, he shall be

guilty of an offence under this Ordinance.

(d) the provisions of the Code of

Criminal Procedure, 1973 shall

apply to any search or seizure

under this section as they apply to

any search or seizure made under

the authority of a warrant issued

under section 94 of the said Code

or, as the case may be, under the

corresponding provisions of the said

law.

(4) (a) The Commission or any officer

authorised by it in this behalf, shall, for the

purpose of analysis, have power to take

samples of air from any factory, premises or

other place in such manner as may be

prescribed.

(b) the result of any analysis of a sample

taken under clause (a) shall not be admissible

in evidence in any legal proceeding unless

the provisions of clauses (c) and (d) are

complied with.

the person taking the sample under clause

(a) shall,—

(i) serve on the occupier or his agent or

person in charge of the place, a notice,

then and there, in such form as may be

prescribed, of his intention to have it so

analysed;

(ii) in the presence of the occupier or

his agent or person, collect a sample for

analysis;

(iii) cause the sample to be placed in a

container or containers which shall be

marked and sealed and shall also be

signed both by the person taking the

sample and the occupier or his agent or

person;

(iv) send without delay, the container or

the containers to the laboratory established

or recognised by the Central Government;

(d) when a sample is taken for analysis

under clause (a) and the person taking the

sample serves on the occupier or his agent

or person, a notice under sub-clause (i) of

clause (c), then,—

(i) in a case where the occupier, his

agent or person wilfully absents himself,

the person taking the sample shall collect

the sample for analysis to be placed in a

container or containers which shall be

marked and sealed and shall also be

signed by the person taking the sample;

and

(ii) in a case where the occupier or his

agent or person present at the time of

taking the sample refuses to sign the

marked and sealed container or containers

of the sample as required under sub-clause

(iii) of clause (c), the marked and sealed

container or containers shall be signed by

the person taking the samples,

and the container or containers shall be

sent without delay by the person taking the

sample for analysis to the laboratory

established or recognised by the Central

Government and such person shall inform

the Government Analyst appointed or

recognised, about the wilful absence of the

occupier or his agent or person, or, as the

case may be, his refusal to sign the container

or containers.

(5) In discharge of its functions and

exercising of its authority, the Commission

and the Sub-Committees mentioned in

section 11 shall be bound by such general or

specific directions of the Central Government,

as may be issued from time to time.

2 of 1974.

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(6) For removal of doubts, it is hereby

clarified that notwithstanding anything

contained in any other law for the time being

in force, and notwithstanding any judgment

or order of any court, and subject to the

provisions of this Ordinance, the Commission

shall have exclusive jurisdiction in respect of

matters covered by this Ordinance and no

other body or authority or committee or

individual shall have any power or

jurisdiction in that matter.

(7) In particular and without prejudice to

the generality of the foregoing provisions, the

Commission shall perform all or any of the

following functions, namely:––

(a) take up matters suomotu, or on the

basis of complaints made by any individual,

representative body or organisation

functioning in the field of environment,

against any individual, association,

company, public undertaking or local body

carrying on any industry, operation or

process;

(b) provide the mechanism and the

means to implement in the National Capital

Region and Adjoining Areas—

(i) the National Clean Air Programme;

(ii) the National Air Quality Monitoring

Programme;

(iii) the National Ambient Air Quality

Standards;

platform in the National Capital Region and

Adjoining Areas for—

(i) source identification of air pollutants

on a periodic basis;

(ii) taking on-ground steps for curbing

air pollution;

(iii) specific research and development

in the field of air pollution;

(iv) synergising the energies and

efforts of all stakeholders in developing

innovative ways to monitor, enforce and

research on the issues concerning air

pollution;

(v) building a network between

technical institutions working or

researching in the field of air pollution;

(vi)

international

co-operation

including sharing of international best

practices in the field of air pollution;

(vii) training and creating a special

work-force for tackling the problem of

air pollution;

(d) provide an effective frame work,

action plan and take appropriate steps

for—

(i) tackling the problem of stubble

burning;

(ii)

monitoring,

assessing

and

inspecting air polluting agents;

(iii) increasing plantation;

(e) monitoring the measures taken by the

States to prevent stubble burning;

(f) undertake and promote research in

the field of air pollution;

(g) spread awareness regarding air

pollution among various sections of society

and promote awareness of the collective

steps that the public may take through

publications, the media, seminars and

other available means;

(h) encourage the efforts of non-

governmental

organisations

and

institutions working in the field of air

pollution;

(i) any other functions as have been

entrusted to any adhoc committee or

commission or task force or body formed

for the purpose of dealing with issues

concerning air pollution, stubble burning

or the monitoring of related factors, in

pursuance of any judicial order passed for

the time being in force;

(j) such other functions as it may

consider necessary for the prevention of

air pollution in the National Capital Region

and Adjoining Areas.

13. Annual report.— (1) The Commission

shall furnish to the Central Government an

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annual report containing such details of the

steps taken, proposals made, researches

awaited and other measures undertaken by

it in pursuance of its functions under section

12, in such form and manner as may be

specified by regulations.

(2) The Central Government shall cause

the annual report furnished under sub-

section (1) to be laid before each House of

the Parliament.

14. Penalty for contravention of provisions

of Ordinance, rules, order or direction.— (1)

Any non-compliance or contravention of any

provisions of this Ordinance, rules made

thereunder or any order or direction issued

by the Commission, shall be an offence

punishable with imprisonment for a term

which may extend upto five years or with

fine which may extend upto one crore rupees

or with both.

Provided that the provisions of this section

shall not apply to any farmer for causing air

pollution

stubble

burning

mismanagement of agricultural residue.

(2) Notwithstanding anything

contained in the Code of Criminal

Procedure, 1973, the offence under

this Ordinance shall be non-

cognizable and shall be triable by

the Judicial Magistrate of the First

Class who shall not take cognizance

of the offence except upon a

complaint made by the Commission

or any officer authorised by the

Commission in this behalf.

(3) Where any offence under this

Ordinance has been committed by a company,

every person who, at the time the offence

was committed, was directly in charge of,

and was responsible to, the company for the

conduct of the business of the company, as

well as the company, shall be deemed to be

guilty of the offence and shall be liable to be

proceeded against and punished accordingly:

Provided that nothing contained in this sub-

-section 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.

(4) Notwithstanding anything contained in

sub-section (3), where an offence under this

Ordinance has been committed by a company

and it is proved that the offence has been

committed with the consent or connivance

of, or is attributable to any neglect on the

part of, any director, manager, secretary or

other officer of the company, such director,

manager, secretary or other officer shall also

deemed to be guilty of that offence and shall

be liable to be proceeded against and

punished accordingly.

Explanation.— For the purposes of sub-

sections (3) and (4),—

(a) “company” means any body

corporate, and includes a firm or other

association of individuals; and

(b) “director”, in relation to a firm, means

a partner in the firm.

(5) Where an offence under this Ordinance

has been committed by any Department of

Government, the Head of the Department

shall be deemed to be guilty of the offence

and shall be liable to be proceeded against

and punished accordingly:

Provided that nothing contained in this

section shall render such Head of the

Department liable to any punishment 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.

(6) Notwithstanding anything contained in

sub-section (5), where an offence under this

Ordinance has been committed by a

Department of Government and it is proved

that the offence has been committed with

the consent or connivance of, or is

attributable to any neglect on the part of,

any officer, other than the Head of the

Department, such officer shall also be deemed

to be guilty of that offence and shall be liable

to be proceeded against and punished

accordingly.

2 of 1974.

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(7) For the purpose of this section

and the procedure to be followed

thereunder, the provisions of the

Code of Criminal Procedure, 1973,

shall apply.

15. Environmental Compensation.— The

Commission may impose and collect

Environmental Compensation from farmers

causing air pollution by stubble burning, at

such rate and in such manner, as may be

prescribed.

CHAPTER IV

Finance, Accounts and Audit

16. Grants by Central Government.— (1)

The Central Government shall, after due

appropriation made by Parliament by law in

this behalf, pay to the Commission by way of

grants such sums of money as the Central

Government may think fit for being utilised

for the purposes of this Ordinance.

(2) The Commission may spend such sums

as it thinks fit for performing the functions

under this Ordinance, and such sums shall

be treated as expenditure payable out of the

grants referred to in sub-section (1).

17. Accounts and audit.— (1) The

Commission shall maintain proper accounts

and other relevant records and prepare an

annual statement of accounts in such form

as may be prescribed by the Central

Government in consultation with the

Comptroller and Auditor-General of India.

(2) The accounts of the Commission shall

be audited by the Comptroller and Auditor-

General at such intervals as may be specified

by him and any expenditure incurred in

connection with such audit shall be payable

by the Commission to the Comptroller and

Auditor-General.

(3) The Comptroller and Auditor-General

and any person appointed by him in

connection with the audit of the accounts of

the Commission under this Ordinance shall

have the same rights and privileges and the

authority in connection with such audit as

the Comptroller and Auditor-General

generally has in connection with the audit of

Government accounts and, in particular, shall

have the right to demand the production of

books, accounts, connected vouchers and

other documents and papers and to inspect

any of the offices of the Commission.

(4) The accounts of the Commission, as

certified by the Comptroller and Auditor-

General or any other person appointed by

him in this behalf, together with the audit

report thereon shall be forwarded annually

to the Central Government by the

Commission and the Central Government

shall cause the audit report to be laid, as

soon as may be after it is received, before

each House of Parliament.

CHAPTER V

Miscellaneous

18. Appeal.— An appeal shall lie

only to the National Green Tribunal

constituted under the National

Green Tribunal Act, 2010 against

any order, direction or action taken

by or on behalf of the Commission

constituted under section 3 of this

Ordinance.

19. Constitution of special investigation

teams.—

Notwithstanding

anything

contained in any other law for the time being

in force or any judicial order by any Court,

where the Commission considers it necessary

so to do, it may constitute one or more

special investigation teams, consisting of

such officers or such persons, as it thinks

necessary, for purposes of carrying out its

functions under this Ordinance.

20. Power of Central Government to issue

direction.— Notwithstanding anything

contained in any other law for the time being

in force, but subject to the provision of this

Ordinance, the Central Government may

issue in writing such direction, as it deems

fit, to the Commission or any person, officer

or authority authorised by the Commission,

and the Commission, person, or authority, as

the case may be, shall be bound to comply

with such direction.

2 of 1974.

19 of 2010.

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21. Power of Central Government to call

for information.— The Central Government

may, from time to time, call for such

information and reports from the Commission,

as it deems fit and the Commission shall be

bound to provide such information and

report.

22. Bar of jurisdiction.— No civil court shall

have jurisdiction to entertain any suit,

proceeding or dispute pertaining to or arising

out of the actions taken or directions issued

by the Commission in respect of any matter

which the Commission is empowered by or

under this Ordinance, except the National

Green Tribunal referred to in section 18.

23. Protection of action taken in good

faith.— No suit or other legal proceeding

shall lie against the Central Government, the

State Government, the Commission, or any

Member thereof, or any person acting under

the direction either of the Central

Government, State Government, or the

Commission in respect of anything which is

in good faith done or intended to be done in

pursuance of this Ordinance or of any rules

or any order made thereunder.

24. Members and officers to be

public servants.— Every Member of

the Commission and every officer

appointed or authorised by the

Commission to exercise functions

under this Ordinance shall be

deemed to be a public servant

within the meaning of section 21 of

the Indian Penal Code.

25. Power of Central Government to make

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

notification, make rules to carry 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 other Associate Members under

clause (h) of sub-section (3) of section 3;

(b) the manner of removal of Chairperson

or a Member under sub-section (2) of

section 5;

to, and the other terms and conditions of

service of, the Chairperson and Members

under sub-section (1) of section 8;

(d) the allowance payable to the

members, other than ex officio members of

the Sub-Committees, under sub-section (6)

of section 11;

(e) the appointment of such officers and

other staff under sub-section (7) of section

11;

(f) the salaries, allowances and

conditions of service of the officers and

other staff under sub-section (9) of section

11;

(g) the manner of taking samples under

clause (a), and the form of notice under

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

(4) of section 12;

(h) the rate at which, and the manner in

which, the Environmental Compensation

shall be imposed and collected under

section 15;

(i) the form in which annual statement

of accounts shall be prepared under sub-

-section (1) of section 17;

(j) any other matter which has to be, or

may be, prescribed.

(3) Every rule made 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.

45 of 1860.

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26. Power of Commission to make

regulations.— (1) Subject to the provisions of

this Ordinance and the rules made

thereunder, the Commission may, with the

previous approval of the Central Government,

by notification, make regulations to carry out

the provisions of this Ordinance.

(2) In particular and without prejudice to

the generality of the foregoing power, such

regulations may provide for all or any of the

following matters, namely:––

(a) the procedure to be followed by the

Commission under sub-section (2) of

section 10;

(b) the conditions and limitations subject

to which power may be delegated by the

Commission under sub-section (4), of

section 10;

under sub-sections (2), (3) and (4) of

section 11;

(d) the form and the manner of furnishing

annual report under section 13;

(e) any other matter which has to be, or

may be, specified by regulations.

(3) Every regulation made by the

Commission 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 or the successive

sessions aforesaid, both Houses agree in

making any modification in the regulation or

both Houses agree that the regulation should

not be made, the regulation 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

regulation.

27. 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 appear to it to be necessary or

expedient for removing the difficulty.

(2) Every order made under this section

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

laid before each House of Parliament.

28. Ordinance to have overriding effect.—

(1) The provisions of this Ordinance shall

have effect notwithstanding anything

inconsistent therewith contained in any other

law for the time being in force, any

document, judgement, order, bye-law, rule,

regulation, notification having the force of law

in the territory of India.

(2) Notwithstanding anything contained in

any other law for the time being in force or

any judgement or any order of any Court

and subject to the provisions of this

Ordinance, upon the notification of the

constitution of the Commission under section

3, no other individual or body or authority

constituted either under a law enacted by

Parliament, or by a State, or appointed or

nominated in terms of any judicial order, shall

act upon or have jurisdiction in relation to

the matters covered by this Ordinance.

29. Repeal and savings for order

constituting Environment Pollution

(Prevention and Control) Authority

for National Capital Region.— (1)

The Order made under section 3 of

the Environment (Protection) Act,

1986 constituting the Environment

Pollution (Prevention and Control)

Authority for the National Capital

Region vide notification number S.O.

93(E), dated the 29th January, 1998

is hereby repealed and the

Environment Pollution (Prevention

and Control) Authority for the

National Capital Region is hereby

dissolved.

(2) Notwithstanding such repeal, anything

done or any action taken by the Environment

Pollution (Prevention and Control) Authority

for the National Capital Region under the said

29 of 1986.

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Order, shall be deemed to have been done

or taken under the corresponding provisions

of this Ordinance.

30. Savings.— Notwithstanding

the cessation of the Commission for

Air Quality Management in National

Capital Region and Adjoining Areas

Ordinance, 2020, anything done or

any action taken under the

Ordinance so ceased, 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 Government of India.

_____

Notification

10/2/2021-LA-85

The Indian Medicine Central Council

(Amendment) Ordinance, 2021 (Ordinance

No. 5 of 2021), which has been Promulgated

by the President in the Seventy-second Year

of the Republic of India and published in the

Gazette of India, Extraordinary, Part II, Section

I, dated 22-4-2021, is hereby published for the

general information of the public.

D. S. Raut Dessai, Joint Secretary (Law).

Porvorim, 13th May, 2021.

_______

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 22nd April, 2021/

/Vaisakha 2, 1943 (Saka)

THE INDIAN MEDICINE CENTRAL

COUNCIL (AMENDMENT)

ORDINANCE, 2021

No. 5 of 2021

Promulgated by the President in the Seventy-

-Second Year of the Republic of India.

An Ordinance further to amend the Indian

Medicine Council Act, 1970.

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

Ordianance may be called the Indian

Medicine Council (Amendment) Ordinance,

2021.

(2) It shall come into force at once.

2. Amendment of section 3A.— In

section 3A of the Indian Medicine

Central Council Act, 1970, in sub-

-section (2), for the words “within a

period of one year”, the words

“within a period of two years” shall

be substituted.

RAM NATH KOVIND.

President.

Dr. G. NARAYANA RAJU

Secretary to the Government of India.

———ttt———

Department of Planning, Statistics &

Evaluation

Directorate of Planning, Statistics &

Evaluation

–––

Notification

DPSE/III/CMFP/180/2020-21/958

Preamble:— The young minds of today are

the administrators and policymakers of the

future. The Government of Goa has decided

to tap this very potential of the ‘young mind’

by identifying young talented Goans and

provide them with a platform to work hand

in hand with the policy makers and

implementers on field. By providing these

young professional the requisite exposure

through their involvement in the process of

governance, they can earn valuable

experience by working, which will help them

Ord.

13 of 2020.

48 of 1970.

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overcome and surmount such difficulties in

their own professional careers. Through this

process the Government also gains their

youthful energy, fresh prospective and

passion towards the welfare of the State. A

program is therefore designed to motivate

young leaders and professionals, strengthen

their

understanding

the

public

administration system and prepare them for

greater leadership and professional roles in

future.

Towards this objective, the Government

intends to offer the “Goa Chief Minister’s

Fellowship Program” which is designed to

provide valuable experience to youth

interested in the social and economic

development of the State; for which purpose

this scheme has been formulated.

1. Short title and commencement:— (1) The

scheme shall be called as the “Goa Chief

Minister’s Fellowship Programme”.

(2) The scheme shall come into force from

the date of its publication in the Official

Gazette and shall remain in force for a period

of three years.

2. Aim and Objectives:— (1) As detailed in

the preamble above, the main aim of this

programme is to identify young talented

Goans and provide them with ample

exposure by involving them in the process of

governance so that they can earn valuable

experience by working with the Government.

Through this process the Government also

gains their youthful energy, fresh prospective

and passion for the welfare of the State.

(2) The objective of the scheme is to

motivate young leaders and professionals,

strengthen their understanding of the public

administration system and prepare them for

greater leadership and professional roles in

future.

3. Duration, thematic areas and number of

Fellowships:— (1) The duration of each

Fellowship will be for a period of twelve (12)

months only and the same shall not be

extended.

(2) Every year, 10 (ten) Fellowships shall

be awarded, with due regards to gender

equality, social, educational and economic

categorization.

(3) The thematic areas in which the Fellows

will be required to work upon and the

Departments of the Government which are

involved in these thematic areas, will be

decided and notified in advance by the

Department of Planning, Statistics &

Evaluation (DPSE), during each year of the

Fellowship Programme.

4. Eligibility:— (1) The candidate applying

for the Fellowship Programme in the thematic

area so notified, should possess the following

educational qualifications and fulfill the

criteria given below, namely,—

(a) A Graduate (minimum of a Bachelors

Degree from a recognized University) in any

discipline or course of study. Preference

would be given to candidates possessing

Post Graduate degree or diploma, in a

general course of study or a specific area

of specialization;

(b) Must have necessarily passed their

Std. X and Std. XII public examinations from

Goa;

above the age of 27 as on the 31st day of

August in the year in which the

applications are invited.

(d) Knowledge of Konkani language is

essential and candidate should be fluent

in all forms of communication in English

language. Knowledge of Marathi language

would be desirable.

5. Selection Process:— (1) The selection

process will involve a four stage process,

namely,—

(a) Eligible candidates will be required

to apply in the given format (online or offline

format as the case may be), advertisement

of which will be published in leading

newspapers of the State, by the last week

of the month of May of the year (except in

the first year of the scheme);

(b) An initial screening will be carried

out, for which a general aptitude and

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knowledge test will be conducted (written

offline or through online computer based

test), on current topics affecting the State

of Goa, general awareness on social and

economic issues, use of information

technology and data interpretation;

to write an essay on a subject affecting the

State of Goa, indicating the issues involved

and the probable suggestive solutions (not

exceeding 1000 words), which will be

assessed;

(d) Based on this assessment of the essay,

a select list of candidates will be prepared,

who will be required to appear for a viva-

voce before a Selection Committee

appointed for the purpose.

(2) The final selected list of candidates will

be notified by the DPSE and the Fellowship

Programme will commence by the 15th day

of July of the year concerned.

6. Training, Assessment and Calendar of

Activities:— (1) The Fellowship Programme

has a component of an initial training in the

form of an induction programme for a period

of 04 weeks, covering various facets of Public

Administration, Departmental Functions,

Local Government and Public Policy, which

the selected Fellow will have to undergo. The

induction programme will be in-house,

designed and implemented by the Goa

Institute for Public Administration and Rural

Development (GIPARD).

(2) After the initial induction programme,

the Fellows will be attached to the

Department(s) concerned, based upon the

thematic areas allotted to them. During this

period, the Head of Department and the

Administrative Secretary to the Department

concerned will act as Mentors to the Fellows.

(3) Upon completion of a period of six to

eight weeks, the Fellows will be required to

attend a one day assessment session at

GIPARD for a review. During the course of

the Fellowship programme, there will six (06)

such reviews of one day each conducted by

GIPARD. The reviews will focus on assessing

the progress made in the field of work

assigned, project status, etc.

(4) GIPARD will draw a calendar of activities

for the Fellowship programme in consultation

with the DPSE and the Departments

concerned, which may include travel

workshops,

presentation

papers,

preparation of study reports etc.

7. High Power Committee:— (1) The

Government will constitute a High Power

Committee under the Chairmanship of the

Chief Minister with the Co-Chair being the

Chief Secretary; for superintendence and

guidance to ensure smooth implementation

of the Fellowship Programme. The other

Members of the Committee will be nominated

by the Government, with the Member

Secretary being the Director (DPSE).

(2) The High Power Committee will finalize

the thematic area of work to be undertaken

by the Fellows each year.

(3) The High Power Committee will also

analyse and monitor the progress of the

projects undertaken by the Fellows and the

analytical reports of the Mentors and the

Reviewers (GIPARD).

8. Evaluation:— (1) There will be

continuous evaluation done by the Mentors

and Reviewers.

(2) The Fellows will be required to submit

their six weekly progress reports to their

Mentors who will assess them based on the

performance of the Fellows in their

Departments, which will necessarily include

the areas of improvement and suggestions

for further course of work or mid-course

corrections, if any. These reports will be

reviewed by GIPARD and its team of

assessors, during the review sessions.

Further, the assessment and review reports

would be analysed by the High Power

Committee in order to analyse the outcomes

of the programme.

(3) At the end of the Fellowship

Programme, the Fellows will have to give a

detailed presentation to the High Power

Committee which will be evaluated for award

of the Fellowship Certificate.

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(4) Detailed schematic grades for

evaluation will be formulated by GIPARD in

consultation with DPSE.

(5) During the analytical process of the High

Power Committee based upon the assessment

and review reports, if it is concluded that a

Fellow has not performed satisfactorily, than

the High Power Committee can terminate the

engagement of the Fellow concerned.

9. Stipend and Other Conditions:— (1)

During the Fellowship programme, each

Fellow will be paid a monthly stipend of Rs.

30,000/-, by the Department concerned to

which the Fellow is attached to. For the first

month which is the induction programme,

GIPARD will pay a stipend of Rs. 10,000/- from

the grants received towards conduct of this

programme. The stipend payable, is a

consolidated amount towards the living

expenses, accommodation, food and travel of

a Fellow and no separate allowances shall be

payable.

(2) During the Fellowship programme of

twelve months, the Fellow will be entitled to

avail a maximum leave of 12 days, calculated

at the rate of one day per completed month

of programme.

(3) Fellows successfully completing the

Fellowship programme of 12 months will be

awarded with a Certificate.

(4) This programme is of full time in nature

and the Fellows are not expected to

undertake

any

other

employment,

assignments and/or full time study program

during the period of this Fellowship.

(5) Completion of this program does not

assure nor entitle the Fellow for employment

in the Government nor does this Fellowship

programme leads to a permanent or

temporary job in the Government Department

concerned.

(6) The Fellow is required to adhere to the

office timings on par as followed by the

employee of the Department to which they

are attached. The Fellow may be required to

work extra hours and travel as per

requirement of his assignments.

(7) No accommodation for residing will be

provided during the course of the programme.

(8) The Fellows shall not associate or

participate in any political movement during

the tenure of the Fellowship and their

antecedents should be clear from criminal

angle.

(9) The Fellows are required to give an

undertaking in the form of a bond to complete

the programme and not to abandon the same

midway, failing which the cost incurred on

training and stipend paid shall be recovered

in accordance with the law in force.

(10) DPSE will execute a contractual

agreement with the selected Fellow detailing

all the terms and conditions of the Fellowship

Programme.

10. Budget and grants:— (1) A sum of Rs.

55.00 lakhs shall be appropriated under the

Demand of Grants related to DPSE. In the

first year of operation of the scheme, DPSE

will arrange by means of re-appropriation or

supplementary grants the amount so required

by creating a new unit of appropriation.

(2) Besides the grant of Rs. 1.00 lakh

towards the payment of stipend by GIPARD

to the Fellows, during the induction

programme; a grant of Rs. 9.00 lakhs shall be

provided to GIPARD towards conduct of the

induction programme and reviews (which

includes training material, honorarium for

resource persons, office contingencies, food

for the participants, travel, conveyance etc.)

(3) A sum of Rs. 10.00 lakhs shall be set

aside, for the purpose of incurring

expenditure on travel and participation of the

Fellows for seminars, workshops, paper

presentations; sitting fees for the non-official

members of the High Power Committee

(including lodging, boarding and travel of

outstation members) and other incidental/

/miscellaneous expenditure.

11. Removal of difficulties:— The Chief

Secretary shall be empowered to remove any

difficulty

which

may

arise

out

implementation of this scheme or which may

cause any hindrance in implementation of the

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scheme at the Departmental level and shall

also resolve inter Departmental difficulties, if

any.

12. Relaxation:— The Government shall be

empowered to relax any or all the conditions

or clauses of this Scheme in genuine cases

subject to the recommendation made in this

regard by the High Power Committee

constituted in clause (7) above.

13. Interpretation:— If any question arises,

regarding interpretation of any clause, word,

expression of the scheme, the decision shall

lie with the Government, which shall be final

and binding on all concerned.

14. Redressal of Grievances and Disputes:—

Grievances if any, arising out of the

implementation of this scheme, shall be heard

and decided by the Chief Minister and the

decision of the Chief Minister in this regard

shall be final and binding on all concerned.

This issues with the concurrence of the

Finance (Expenditure) Department vide U.O.

No. 1814/F dated 07-05-2021.

By order and in the name of the

Governor of Goa.

Dr. Y. Durga Prasad, Director & ex officio

Joint Secretary.

Porvorim, 19th May, 2021.

———ttt———

Department of Transport

Directorate of Transport

–––

Notification

D.Tpt/Subs/01/Reimbursement Scheme/

/2021/1313

The Government of Goa is pleased to frame

a scheme for reimbursement of the cost of

device upon fitment of fare meter of digital type

with printer and Global Positioning System

(GPS) tracking device.

Preamble:— Public Transport is the lifeline

of the economy and include taxi, and

rickshaw as they contribute significantly to

providing public transport in the state of Goa.

The operators are presently facing challenges

mainly due to burden of rising cost of

operation. Keeping in view the contribution

of these operators to the public transport

system of Goa and to alleviate them from this

problem; the Government would like to

support them by reimbursing the cost of

device purchased by vehicle owner from

vendor approved by the State Government.

Further the fitment of tracking device on

taxi will provide operational readiness for

implementation of Intelligent Transport

Management System (ITMS) in the future.

Transparency in fare calculation and

application of Information Technology in

public transport will encourage more number

of citizens and tourists to opt for public

transport and as a consequence use of

personal two wheelers/rent a bike to

commute is expected to be reduced. This will

also lead to higher income for taxi owners,

less traffic congestion and improvement in

road safety.

1. Short title and commencement:— This

scheme may be called the “Goa State Public

Transport Reimbursement of cost of Digital

Fare Meter 2021.” It shall come in force on the

date of its publication in the Official Gazette

and will be valid for a period of two years i.e.

2021-22 and 2022-23.

2. Objectives:— This scheme provides for

financial support to the Taxi/Rickshaw owners

for installation of Digital Fare meters.

3. Scope of the scheme:— The scheme

covers the existing taxi/rickshaw owners with

vehicles registered on or before 31-03-2021.

The scheme is not available for vehicles

registered after 01-04-2021. The scheme does

not cover vehicle registered under rent a cab.

4. Quantum of reimbursement:— The

scheme provides for reimbursement of cost

of the device of Digital meter with printer and

Global Positioning System (GPS) tracking

device of Rs. 8,579 or actual cost of devise

whichever is less.

Explanation: Cost of devise exclude data

charges, Backend Service Charges, AMC etc.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

27TH MAY, 2021

247

5. Eligibility conditions:—

(i) The scheme is applicable for

reimbursement of maximum one digital fare

meter per individual vehicle owner. No

subsidy will be released for more than one

vehicle per vehicle owner and the scheme

is once in the lifetime per vehicle owner.

(ii) The applicant shall install the digital

fare meter within six months from the date

of publication of notification of the scheme

in Government Official Gazette and claim for

reimbursement within the period. There will

no reimbursement for the digital meter

installed after the above said period.

(iii) The applicant should be the resident

of the State of Goa for not less than a period

of fifteen years.

(iv) The applicant shall posses a valid

permit for the vehicle.

(v) The applicant shall posses by a valid

Fitness Certificate for the vehicle.

(vi) The applicant shall not be in default

of taxes of motor vehicle or passenger tax.

(vii) An undertaking from the applicant

stating that in the event of any non

utlilization, physical damage, etc. of the

Digital faremeter device, the commercial

vehicle owner shall within three working

days at his own cost operationalize the

digital meter failing which his/her vehicle

registration/permit would be cancelled

without any notice.

(viii) The Applicant should provide a copy

of receipt/certificate issued by empanelled

vendor confirming fitment of device and its

working.

(ix) Applicant shall not be a company or

vehicles should not be registered under the

name of the company.

(x) Applicant shall submit details of KYC

compliant bank account which will be

linked to permits issued by this

Department.

(xi) The beneficiary under this scheme

shall not be entitled for benefits under any

such similar schemes either of the Central

and/or State Government.

(xii) An online application or hardcopy for

claiming reimbursement upon fitment done

shall be submitted to the Directorate of

Transport, Junta House, 1st floor, Panaji in

the prescribed form ie. Annexure A of the

scheme.

(xiii) The complete claim applications

along with proof of fitment/receipt from

vendor in all respect, shall be scrutinised,

approved and sanctioned by the Director of

Transport, Panaji.

(xiv) The sanctioned amount shall be

directly credited to the Bank Account of the

applicant.

6. Disbursement of Subsidy:— The amount

will be reimbursed to the vehicle owners in

two instalments. First instalment of Rs. 4290/-

after three weeks from the date of installation

and operation of Digital meter and the

remaining Rs. 4289/- after one year after

renewal of the yearly data charges and

furnishing of proof to this effect.

7. Redressal of Grievances and Disputes:—

Grievances, if any, arising out of the

implementation of this scheme, shall be heard

and decided by the Director (Transport) and

the decision of the Director (Transport) in this

regard shall be final and binding on all

concerned.

8. Interpretation:— If any question arises

regarding interpretation of any clause, word,

expression of the scheme, the decision shall

lie with the Government and this decision shall

be final and binding on all concerned.

9. Relaxation:— The Government shall have

powers to relax any or all clauses or conditions

of the scheme in deserving genuine cases,

with reasons to be recorded in writing.

This issues with the concurrence of the

Finance Department vide their U.O. No.

1400079549 dated 15-04-2021.

By order and in the name of the

Governor of Goa.

Rajan Satardekar, Director & ex officio Addl.

Secretary (Transport).

Panaji, 25th May, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

27TH MAY, 2021

248

ANNEXURE-A

APPLICATION FOR CLAIMING REIMBURSEMENT OF AMOUNT PAID FOR FITMENT OF DIGITAL

FARE METER TO TOURIST TAXIS WITH PRINTER

To,

The Director of Transport,

Panaji²Goa.

I, the undersigned, hereby submit my claim for reimbursement of amount paid by me towards

digital fare meter/Vehicle Location Tracking Devise.

1. Name of the applicant

____________________________

2. Residential address (in full)

a. House No.

____________________________

b. Street/Bldg. Name

____________________________

c. Ward No.

____________________________

d. City/Village

____________________________

e. Post Office

____________________________

Constituency

____________________________

g. Taluka

____________________________

h. District

____________________________

Pin Code

____________________________

3. Contact Details

a. Landline telephone number

____________________________

b. Mobile number

____________________________

c. E mail id

____________________________

4. Aadhar Card Number

____________________________

5. Residence Certificate issued by Competent

Authority

6. Bank Details

a. Name of Bank

____________________________

b. Branch

____________________________

c. Account Number

____________________________

d. IFS Code

____________________________

7. Vehicle Details

a. Vehicle Registration Number

____________________________

b. Vehicle Type (Rickshaw/Taxi/bus)

____________________________

8. Permit Details

a. Contract carriage/tourist permit No.

____________________________

b. Validity of permit

Valid from ________ to _________

9. Details of taxes paid

a. Motor Vehicle Tax

Rs.__________on ___/___/______

b. Passenger Tax

Rs.__________on ___/___/______

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

27TH MAY, 2021

249

10. Details of amount paid

a. Dealers Name

____________________________

b. Dealers Address

____________________________

c. Dealers Receipt No.

____________________________

11. Documents enclosed (Self Attested)

1) 15 years residence certificate issued by the competent authorities

2) Copy of permit

3) Vehicle Fitness Certificate

4) Copy of Motor Vehicle Tax paid receipt

5) Copy of Passenger Tax paid receipt

6) Extract of 1st page of bank Pass book or cancelled Cheque

7) Copy of Aadhar Card

8) Pre-receipt in prescribed Annexure B

Declaration

(i) I, the undersigned, do hereby declare that I am the owner of the above said vehicle and that the

information given by me is true and correct, and nothing is false. I shall be personally responsible for any

false and incorrect information/documents, for which the authorities shall be at liberty to take penal

action as per rule.

(ii) I further undertake that in the event of any non utlilization, physical damage, etc. of the Digital

faremeter device, I shall within three working days at my own cost and operationalize the digital meter

failing which my vehicle registration/permit may be cancelled.

Place

_________________

________________________

Signature of Applicant

Dated

__________________________

Name of Applicant

____

ANNEXURE²B

PRE-RECEIPT

Received with thanks from Director of Transport, Panaji a sum of Rs._____/- (Rupees __________ only)

towards reimbursement of cost of faremeter/Vehicle location Tracking Device paid by me in respect of

my vehicle bearing registration number_________for the year 2021-22 sanctioned vide order No.________

dated ____ under WKH´*RD6WDWH3XEOLF7UDQVSRUW5HLPEXUVHPHQWRIFRVWRI'LJLWDO)DUH0HWHU9HKLFOH

/RFDWLRQ7UDFNLQJ'HYLFHµ

Place

______________________

________________________

Signature of Applicant

Dated

__________________________

Name of Applicant

To be submitted to Directorate of Accounts (affix revenue stamp)

Declaration

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 9

27TH MAY, 2021

250

ANNEXURE ² B

PRE-RECEIPT

Received with thanks from Director of Transport, Panaji a sum of Rs._____/- (Rupees __________ only)

towards reimbursement of reimbursement of cost of faremeter/Vehicle location Tracking Device paid by

me in respect of my vehicle bearing registration number_______________for the year 2021-22 sanctioned

vide order No.___________dated ____under WKH ´*RD 6WDWH 3XEOLF 7UDQVSRUW 5HLPEXUVHPHQW of cost of

Digital Fare Meter/9HKLFOH/RFDWLRQ7UDFNLQJ'HYLFHµ

Place

______________________

________________________

Signature of Applicant

Dated

__________________________

Name of Applicant

To be retained by Directorate of Transport

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