The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Friday 19.2.2016 Magha 30, S.E. 1937, Issue No. 35 NOTIFICATIONNo.B.16011/2015-HFW/Pt,the 15th February, 2016. : In supersession of this Department’s Notification issued vide No.B. 16011/18/09-HFW dt. 10th Ap r il, 2 0 1 2 t he Gover nor of M izor a m is p lea s ed t o re-constitute the State Grievance Redressal Committees under Central Guidelines of RSBY afor the modified cons tituents of the Committees. State Grievance Redressal Committee :- 1.Secretary, Health & Family Welfare Deptt.- Chairman 2.Project Director, Health & Family Welfare Deptt. - Member 3.Director, Hospital & Medical Educa tion (DHME) - Member 4.Director, La bour & Employment Department- Member 5.Chief Execu tive Off icer, M SHCS- Member Secy. & St ate Nodal Officer 6.State Representative of Insurance Company- Member Special Invitees : Medical Superintendent/Director of Hospital (s) concerned The Terms of Reference are the following: 1.The State Grievanc e Redr essal C ommittee will be responsible f or addr essing Grievances related with RSBY implementation from the Beneficiaries, Hosp itals, etc. 2.Its decisions on the permissibility of payment of Reject/Query claims shall be final. 3.It will also deal with other relevant matters connected with R SBY implementation. 4.The meeting of the Committee will be held as and when necessa ry and proposals for such meeting will be received from the State Nodal Agency, i.e. Mizoram State Health Ca re Society. La lrinliana Fanai, Commissioner & Secy to the Govt. of Mizoram, Health & Family Welfare Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Friday 19.2.2016 Magha 30, S.E. 1937, Issue No. 36 DEED CHANGING NAME/SURNAMEBy this deed I, the undersigned Harindar Rai (New Name) now lately calledHarindra Rai (Former Name) , employed as Worker (Designation of the post held at the time by the Government servant) at Power & Electric Department, ( place where employed in theElectric Power House, Govt. of Mizoram, do hereby solemnly affirm and state as follows:- 1.That wholly renounce, relinquish a nd abandon the use my former name Harindra Rai and in place thereof do assure from the date thereof the name Harindar Rai and so that I may hereafter be called, known and distinguished not by my former name of Harindra Rai but assumed name of Harindar Rai. 2.That For the purpose of evidencing such my determination declare tha t I sha ll at a ll times hereafter in a ll records, deeds and writing and in all pr oceedings, dealings and transactions private as well as public and upon all occasions whatsoever use and sign the name ofHarindar Rai as my name in place of and in substitution for my former name of Harindra Rai. 3.Expr essly authorize and request all persons at all times hereafter to designate and address me by such assumed name of Harindar Rai accordingly. IN WITNESS WHEREOF I have hereunto subscribed my for mer and adopted na mes of Harindar Ra i and Ha rindra Rai and affix my signature and seal this 15th day of February, 2016. Signed and delivered by the above named Sd/- Formerly Harindra Rai In t he presence of : Ident ified by me:Signed before me: Sd/-Sd/- R. Lalhunglia na BA (Hons) LLBR. ThangkanglovaNotarial Registration AdvocateAdvocate & Notary PublicNo. 47/2 Mission Veng ‘S’ Mv 86Aizawl : MizoramDate 15.2.16Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Friday 19.2.2016 Magha 30, S.E. 1937, Issue No. 37 NOTIFICATIONNo.A.43016/9/2015-PLG, the 16th February, 2016. In the interest of public service, the Governor of Mizoram is pleased to constitute Expert Group on State Accounts Statistics consisting of the following members :- 1.Secr etary, P lanning & Progr amme Implementation Deptt.- Chairman 2.Director, Economics & Statistics- Member Secretary 3.Pu Lalchhuanawma Hrahsel, Deputy Adviser-cum- Deputy Secretary, - Member Planning Depa rtment (RDB) 4.Joint Director, Economics & Statistics- Member 5.Dr. Lalrinchhana, SRO-cum-Under Secreta ry, Pla nning Deptt. (RDB) - Member 6.Deputy Director (Technical Section), Economics & Statistics- Member 7.Research Officer i/c State Income Estimation,- Member Dte. of Economics & Statistics 8.Research Officer i/c Budget Analysis, Dte. of Economics & Statistics - Member 9.Inspector of Statistics in-charge of State Income Estimation,- Member Dte. of Economics & Statistics 10.Inspector of Statistics in-charge of Budget Analysis,- Member Dte. of Economics & Statistics 11.Dr. James L.T. Thanga, Asst. Professor,- Member Depa rtment of Economics, Mizoram University 12.Dr. J.V. Nunchunga , Asst. Professor, J. Thankima College- Member Ter ms of R efer ence: 1.To bridge the data gaps in State Accounts, the Expert Group will oversee the methodological aspects of t he Compilation of State Accounts and make suitable recommendations to the State Government and also Advisory C ommittee on Na tional Account from time to t ime. 2.The Committee will take necessary steps to get timely and reliable data from all the line departments. 3.The Committee will meet at lea st t wice a year. 4.The non - departmental members will be given D.A as per government appr oved norms whenever the Expert Group meets. Dr. C. Vanlalramsanga, Secr etary to the Govt. of Mizoram, Planning & P rogramme Implementation Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Friday 19.2.2016 Magha 30, S.E. 1937, Issue No. 38 NOTIFICATIONNo.F.20018/l/2005-SWD, the 16th February, 2016.The Governor of Mizoram is pleased to constitute State Committee for the celebration of the 125th Bir th Anniversary of Dr.B.R.Ambedkar in a befitting manner, comprising the following members as listed below : Chairman: Hon’ble Chief Minister, Mizoram Member Secretary : Chief Secretary, Govt.of Mizoram Members: 1) Minis ter, Home Depart ment 2) Minister, F inance Department 3) Minister, S chool Education Department 4) Minister, Higher & Technical Education Department 5) Minister, S ocia l Welfare Depart ment 6) Minister, Law & Judicial Department 7) Minis ter, UD& PA Depar tment 8) Minister, FCS&CA and Tourism Department 9) Minister, Art & Culture Department 10) Commissioner & Secretary, Finance Department 11) Commissioner & Secretary, Higher & Technical Education Department 12) Secr etary, S chool Education Department 13) Secr etary, Socia l Welfare Depart ment 14) Secr etary, Law & J udicial Department 15) Secretary, UD&PA Depa rtment 16) Secr etary, FCS&CA Depart ment 17) Secr etary, Ar t & C ulture Depart ment 18) Secr etary, Tourism Department 19) Additional Secretar y, Home Department 2.The Committee can co-opt other members with the a pproval of the chairperson. 3.The mandate of the State Committee will be to provide guidance, advice and direction to the celebration of the 125th Bir th Anniversary of Dr. B.R.Ambedkar. 4.The tenure of the State Committee will be co-terminus with Commemoration period. La ltha ngpuia Sailo, Secr etary to the Govt. of Mizoram, Socia l Welfar e Depart ment.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Friday 19.2.2016 Magha 30, S.E. 1937, Issue No. 39 AFFIDAVITI, V.L. Thanga Hmar S/o Hrangdawla (L),R/o College Veng, Aizawl, Mizoram Indian by nationality do hereby solemnly affirm and state a s follows :- 1.That I am a bonafide citizen of India by birth belonging to Schedule Tr ibe Community of Mizo. I am a permanent resident at t he address stated above. 2.That my name has been incorrectly recor ded as L althanga, V. Lalthanga and V.L. Tha nga Hma r in my service record. 3.That my correct name is V.L. Thanga Hmar. 4.That the pur pose of this affidavit is to clarify that La lthanga, V. Lalthanga a nd V.L. Thanga Hmar is one and same person and my correct name is V.L. T hanga Hmar. 5.That the statements made in paragraphs 1 to 4 above are true and correct to the best of my knowledge and belief and nothing ma terial has been concealed therein. IN WIT NESS WHEREOF I have hereunto put my signature on this the 28th day of July, 2015. Sd/- DEPONENT Ident ified by me:Signed before me: Sd/-Sd/- Lalawmpuia RalteR. ThangkanglovaNotarial Registration AdvocateAdvocate & Notary PublicNo. 35/7 Aizawl : MizoramDate 28.7.2015Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Friday 19.2.2016 Magha 30, S.E. 1937, Issue No. 40 MEETING NOTICENo. B. 12018/5/2011-IND,the 19th February, 2016.A meeting of the C ommittee on Restructuring of M IFCO is scheduled to be held on 22nd Februa ry, 2016 (Monday) at 2:00 pm in the Conference Room of Chief Secretary, Government of Mizoram. The following members are requested kindly to make it convenient to attend the meeting. 1.Chief Secretary, Mizoram-Chairman 2.Fina nce Commissioner /Secreta ry (Fina nce) -Member 3.Secr etary, Planning Department-Member 4.Mana ging Dir ector, MIFCO-Member 5.Secr etary, NLUP Implementing Boa rd-Member 6.Member Secretary, State Planning Board-Member 7.Secr etary, Industries Depart ment-Member 8.Secretary, Agricultur e Depart ment-Member 9.Secr etary, Hor tic ulture Depart ment-Member 10.Principal Chief Conservator of Forest-Member Zothan Khuma, Commissioner & Secretary to the Govt. of Mizoram, Industries Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OBITUARYNo. A. 19018/135/2013 - F.Est., the 23rd February, 2016. The Government of Mizoram has learnt with deep sorrow the sad and unt imely demise of Pi Lalsangpuii, Treasur y Officer, Tlabung Treasury, Junior Grade of Mizora m Finance & Accounts Service (attached at the Accounts & Treasuries as Assistant Director), on 22nd February, 2016 at 3:35 PM at Vaivenga Hospital & Research Foundation (Care Hospital), Aizawl. Pi Lalsangpuii D/o Pu Lalbiakliana (L), born on 2.9.1957 entered into Government Service on 2.4.1979 as Junior Accounts Assistant (JAA) under Accounts & Treasuries. She was appointed as Assistant Auditor w.e.f 26.10.1983 and promoted to Auditor on 19.6.1990. Thereafter, she entered into Mizora m Finance & Accounts S ervice on 16.7. 2013 and was posted a s Treasury Officer, Tlabung Treasury and attached at the Accounts & Treasuries as Assistant Director w.e.f 16.7.2013 till she breathed her last. She served the Government of Mizoram with utmost sincerity and devotion to duty proving her s elf an efficient officer. The Government of Mizoram, Finance Depar tment deeply mourns her death and places on record its appreciation of the sincere service rendered by Pi Lalsangpuii and conveys it s heartfelt sympathy and condolence to her bereaved family. L. N. Tochhawng, Fina nce Commissioner, Government of Mizoram.VOL - XLV Aizawl, Tuesday 23.2.2016 Phalguna 4, S.E. 1937, Issue No. 41Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Wednesday 24.2.2016 Phalguna 5, S.E. 1937, Issue No. 42 NOTIFICATIONNo.A.46013/2/2006-GAD/Loose. l/9, the 19th February, 2016. In exercise of the power conferred by clause (3) of article 166 of the Constitution of India, and as per the approval of the Council of Ministers in its meeting held on 14.12.2015 conveyed vide No.J.11011/12/2015-POL/Vol- II Dt.15.12.2015, the Governor of M izoram is pleased to ma ke the following rules to amend the Govt. of Mizoram (Transaction of Business) Rules, 2014 (hereinafter called the Principal Rules) as follows namely:Shor t Title and 1. (1) These rules may be called Government of Mizoram [Transaction of Commencement Business (Amendment) Rules, 2016 (2) They shall come into force from the date of publication in the Mizoram Gazette Amendment of In t he preamble to the Principal Rules, after the word “clause”, the word Preamble and figure “ (2) and” shall be omit ted. Amendment of 2.In S l.No.6 under t he First Schedule of the Principal R ules, for the word Rule 3 “Dis trict Council Affairs Department”, the following shall be substituted, na mely- “Dis trict Council & Minority Affairs Department” By order etc Renu Sharma, Principal S ecretar y to the Govt. of Mizoram, General Administr ation Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Wednesday 24.2.2016 Phalguna 5, S.E. 1937, Issue No. 43 NOTIFICATIONNo.B. 11015/37/2016-FST, the 22nd February, 2016.The Governor of Mizoram is pleased to constitute the Steering Committee for Climate Change Adaptation -North Eastern Region Project in Mizoram cons isting of the following members with immediate effect and until fur ther orders. STEERING COMMITTEE FOR CCA - NER :1.Chief Secreta ry, Govt. of Mizoram- Chairman 2.Principal Secretary, E&F Deptt.- Member Secretary 3.Secretary, Agriculture Deptt.- Member 4.Secretary, Horticulture Deptt.- Member 5.Commissioner/Secretary, AH&Vety Deptt.- Member 6.Secretary, Soil & Water Conservation Deptt.- Member 7.Secreta ry, PHE- Member 8.Secr etary, Rural D evelop ment Deptt.- Member 9.Secr etary, Fisher ies Deptt.- Member 10. Secretary, Sericulture Deptt.- Member The terms of reference :1.To monitor the act ivities under the CCA-NER P roject in Mizoram. 2.To suggest local specific issues and activities to be undertaken under CCA-NER Project in Mizoram. The committ ee will meet twice a year. Lalram Thanga, Principal S ecretar y to the Govt. of Mizoram, Envir onment & Forests Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Wednesday 24.2.2016 Phalguna 5, S.E. 1937, Issue No. 44 NOTIFICATIONNo.H. 12017/55/2014-LJD, the 11th February, 2016.The following Ordinance is hereby re- published for general information. Negotiable Instruments (Amendment) Second Ordinance, 2015. (No. 7 of 2015) Zahmingthanga Ralte, Joint Secretary to the Govt. of Mizoram, Law & Judicia l Department. MINISTRY OF LAW AND JUSTICE (Legisla tive Dep art ment) New Delhi, the 22nd September, 2015/Bhadra31,1937 (Saka) THE NEGOTIABLE INSTRUMENTS (AMENDMENT) SECOND ORDINANCE, 2015 No. 7 OF2015 Promulgated by the President in the Sixty-sixth Year of the Republic of India. An Ordinance further to amend the Negotia ble Instruments Act, 1881. WHEREAS the Negotiable Instruments (Amendment) Ordinance, 2015 was promulgated by the President on the 15th day of June, 2015; AND WHEREAS the Negotiable Instruments (Amendment) Bill, 2015 to replace the Negotiable Instruments (Amendment) Ordinance, 2015 has been passed by the House of the People and is pending in the Council of States; AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate act ion; - 2 - Ex-44/2016 NOW, THEREFORE, in exercise of the powers conferred by clause (1) of ar ticle 123 of the Constitution, the Pr esident is pleased to promulgate the following Ordinance:— 1. (1) This Ordinance may be called the Negotiable Instruments (Amendment) Second Ordinance, 2015. (2) It shall be deemed to have come into force on the 15th day of June, 2015. 2. In the Negotiable Instr uments Act, 1881 (hereinafter referred to as the principal Act), in section 6,— (i) in E x p la na t ion I, fo r cla u s e (a), the following cla use sha ll be substituted, namely:- ‘(a) “a cheque in the electronic for m” means a cheque dra wn in electronic form by using any computer resource and signed in a secure system with digita l signa ture (with or without biometr ics signature) and asymmetric crypto system or with elect ronic s ignatur e, as the case may be;’; (ii) after Explanation II, the following Explanation shall be inserted, namely:— ‘Explanation III. — For the purposes of this section, the expressions “asymmetr ic cr ypto system”, “computer resource”, “ digital signature”, “electronic form” a nd “electronic signature” shall have the sa me meanings resp ectively assigned to them in the Information Technology Act, 2000.’. 3. In the principal Act, section 142 shall be numbered as sub-section (1) thereof and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:— “(2) The offence under section 138 shall be inquired int o and tried only by a court within whose local jurisdiction,— (a) if the cheque is delivered for collection through an a ccount, the br anch of t he bank where the payee or holder in due cour se, as the case may be, maint ains the account, is situated; or (b) if the cheque is pr esented for payment by the payee or holder in due cour se otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situa ted. Explanation. —For the pur poses of cla us e (a), wher e a cheque is delivered for collection at a ny bra nch of the ba nk of t he payee or holder in due cou rse, then, t he chequ e shall be deemed to ha ve been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account.”. 4. In the principal Act, a fter section 142, the following section shall be inserted, namely:- “142A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any judgment, decree, order or directions of any court, all cases transferred to the cour t having jurisdiction under sub-section (2) of section 142, as amended by the Negotiable Instruments (Amendment) Ordina nce, 2015, shall be deemed to have been transferred under this Ordinance, a s if that sub-section had been in force at all material times. Short title and commencement. Amendment of section 6. Amendment of section 142.26 of 1881. 21 of 2000. Insertion of new section. Validation for transfer of pending cases.2 of 1974. 6 of 2015. (2) Not withsta nding a nything contained in sub-section (2) of section 142 or sub-section (1), where the payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque in the court having jurisdiction under sub-section (2) of section 142 or the case has been transferred to that court under sub-section (1), and such complaint is pending in that court, all subsequent complaints arising out of section 138 against the same drawer s hall be filed befor e the s ame court ir respective of whether those cheques were deliver ed for collection or presented for pa yment within the territorial jurisdiction of that court. (3) If, on the date of the commencement of this Ordinance, more than one pros ecution filed by the same payee or holder in due course, a s the case may be, against the same drawer of cheques is pending before different courts, upon the said fact ha ving been brought to the notice of the court, such court shall transfer the case to the court having jurisdiction under sub-section (2) of section 142, as amended by the Negotiable Instruments (Amendment) Ordinance, 2015, before which the first case was filed and is pending, a s if that sub-section had been in force at all material times.”. PRANAB MUKHERJEE, President DR. SANJAY SINGH, Secy. to the Government of India.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 Ord. of 2015.- 3 -Ex-44/2016

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Wednesday 24.2.2016 Phalguna 5, S.E. 1937, Issue No. 45 NOTIFICATIONNo.H. 12017/55/2014-LJD, the 11th February, 2016.The following Ordinance is herreby re- published for general information. The Commercial Cour ts, Commercial Division and Commercia l Appellate Division of High Court Ordinance, 2015. (No. 8 of 2015) Zahmingthanga Ralte, Joint Secretary to the Govt. of Mizoram, Law & Judicia l Department. MINISTRY OF LAW AND JUSTICE (Legisla tive Dep art ment) New Delhi, the 23rd October, 2015/Kartika 1,1937 (Saka) THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ORDINANCE, 2015 No. 8OF2015 Promulgated by the President in the Sixty-sixth Year of the Republic of India. An Ordinance to provide for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for a djudica ting commercial disputes of specified value and for matters connected therewith or incidental thereto. WHEREAS a Bill to provide for the Constitution of Commercial Cour ts, Commercial Division and Commercial Appellate Division in the High Courts for a djudica ting commercial disputes of specified value was introduced in the Council of States and referred to the Depar tment Related Parliamentar y Standing Committee on Personnel, Public Grievances, Law and Justice for examination and report which is pending; - 2 - Ex-45/2016 AND WHERE AS, Pa rliament is not in session and the President is satisfied that circumstances exist which render it necesary for him to take immediate act ion; Now THERE FORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, t he President is pleased to pr omulgate the following Ordinance:— CHAPTER I Preliminary 1. (1) This Ordinance may be called the Commercia l Courts, Commercial Division and Commercial Appellate Division of High Cour ts Ordinance, 2015. (2) It extends to the whole of India , except the State of Jammu a nd Kashmir. (3) It shall come into force at once. 2. (1) In this Ordinance, unless the context otherwise requir es,— (a) “Commercia l Appellate Division” means the Commercial Appellate Division in a High Court constituted under sub-section (1) of section 5; (b) “Commercial Court” means the Commercia l Court constituted under sub-section (1) of section 3; (c ) “commercial dispute” means a dispute arising out of— (i) ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents; (ii) export or import of mercha ndise or services; (iii) issues relating to admiralty and maritime law; (iv) transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters, including sales, leasing and financing of the same; (v) carriage of goods; (vi) cons truction and infrastructure contracts, including tenders; (vii) agreements relating to immovable property used exclusively in tra de or commer ce; (viii) fra nchising agreements; (ix) distribution and licensing agreements; (x) management and cons ultancy agr eements; (xi) joint venture agreements; (xii) shar eholders a gr eements; (xiii) subscription and investment agreements pertaining to the services industry including outsourcing services and financia l services; (xiv) mercantile a gency and merca ntile usage; (xv) partnership agreements; (xvi) technology development a greements; (xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semicondu ctor integrated circu its; (xviii) agreements for sale of goods or provision of services; (xix) exploitation of oil and gas reserves or other natura l resou rces including electromagnetic spectrum; (xx) insurance and re-insura nce; (xxi) contracts of agency relating to any of the above; and (xxii) such other commercial disputes a s may be notified by the Central Government. Short title, extension and commencement. Definitions. - 3 -Ex-45/2016 Explanation.—A commercial dispute shall not cease to be a commercia l disput e merely beca use— (a ) it a lso involves action for recovery of immovable property or for realisation of monies out of immovable property given as security or involves any other relief pertaining to immovable property; (b) one of the contracting parties is the State or any of its agencies or instrumentalities, or a priva te body carrying out public functions; (d) “Commercial Division” means the Commercial Division in a High Court cons tituted under sub-section (1) of section 4; ( e) “Distr ict Judge” shall have the same meaning a s assigned to it in clause (a) of article 236 of the Constitution of India; (f) “document” means any matter expr essed or described upon any substance by means of letters, figures or marks, or electronic means, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording t hat matter; (g) “notification” means a notification published in the Official Gazette and the expression “notify” with its cognate meanings and grammatical variations shall be construed accordingly; (h) “Schedule” means the Schedule appended to the Or dinance; and (i) “Specified Value”, in relation to a commercia l dispute, shall mean the value of the subject matter in respect of a suit as determined in accordance with section 12 which shall not be less than one crore rupees or such higher value, as ma y be notified by the Central Government.”. (2) The words and expressions used and not defined in this Ordinance but defined in the Code of Civil Procedure, 1908 and the Evidence Act, 1872, shall have the same meanings r espectively assigned to them in that Code a nd the Act. CHAPTER II Constitution of Commercia l Courts, Commercial Divisions a nd Commercial Appellate Divisions 3. (1) The State Government, may a fter consultation with the concerned High Cour t, by notifica tion, constitute such number of Commercial Courts at District level, as it may deem necessary for the purpose of exercising the jurisdiction and powers conferred on those C ourts under this Ordina nce: Provided tha t no Commercial Court shall be constit uted for the territory over which the High Court has or dinary original civil jurisdict ion. (2) The State Government shall, after cons ultation with the concerned High Cour t specify, by notifica tion, the local limits of the area to which the jurisdiction of a Commercia l Court shall extend and may, from time to time, increase, reduce or alter such limits. (3) The State Government shall, with the concur rence of the Chief Justice of t he High Court a ppoint one or more persons ha ving experience in dealing with commercial disputes t o be the Judge or Judges, of a Commercial Court, from amongst the cadre of Higher Judicial Service in the State. 4. (1) In all High Cour ts, having ordinary civil jurisdiction, the Chief Justice of ’ the High Court may, by order, constitute Commercial Division ha ving one or more Benches consisting of a single Judge for the purpose of exercising the jurisdiction and powers conferred on it under this Ordina nce. 5 of 1908. 1 of 1872. Constitution of Commercial Courts. Constitution of Commercial Division of Hig h Cou rt. - 4 - Ex-45/2016 (2) The Chief Justice of the High Court shall nominate such judges of the High Cour t who have experience in dealing with commercial disputes to be judges of the Commercial Division. 5. (1) After issuing notifica tion under sub-section (1) of section 3 or order under sub-s ection (1) of section 4, the C hief Justice of the concerned High Court shall, by order, constitute Commercial Appellate Division having one or more Division Benches for the pur pose of exercising the jurisdiction and powers conferred on it by the Ordinanc e. (2) The Chief Justice of the High Court shall nominate such judges of the High Cour t who have experience in dealing with commercial disputes to be judges of the Commercial Appellate Division. 6. The Commercial Court shall have jurisdiction to try all suits and applications relating to a commercial dispute of a Specified Valuear ising out of t he entir e territory of the State over which it has been vested territorial jurisdict ion. Explanation.—For the purposes of this section, a commercial dispute shall be considered to arise out of the entire territory of the State over which a Commercial Court has been vested jurisdiction, if the suit or application relating to such commercial dispute has been instituted as per the provisions of sections 16 to 20 of the Code of Civil Procedure, 1908. 7. All suits a nd applications relating to commercial disputes of a Specified Value filed in a High Court having ordinary original civil jurisdict ion sha ll be heard and disposed of by the Commercial Division of that High Court: Provided that all suits and applications relating to commercial disputes, stipulated by an Act to lie in a court not inferior to a Distr ict Court, and filed on the original side of the High Court, shall be heard and disposed of by the Commercial Division of the High Court: Provided fu rther that all suits a nd applications transferred to the High Cour t by virtue of sub-section (4) of section 22 of the Designs Act, 2000 or section 104 of the Patents Act, 1970 shall be heard a nd disposed of by the Commercial Division of the High Court in all t he areas over which the High Court exercises ordina ry original civil jurisdiction. 8. Notwithstanding anything contained in any other law for the time being in force, no civil revision application or petition shall be entertained against any interlocutor y or der of a Commer cial Cour t, including a n or der on the issue of jurisdiction, and any such challenge, subject to the provisions of section 13, shall be raised only in an a ppeal against the decr ee of the Commercial Court. 9. (1) Notwithstanding anything contained in the Code of Civil Procedure, 1908, in the event that a counter-claim filed in a suit before a civil court r elating to a commercial dispute is of Specified Value, such suit shall be transferred by the civil cour t to the Commercial Division or Commercial Court, as the case may be, ha ving territorial jur isdiction over such suit. (2) In the event t hat such suit is not transfer red in the manner cont emplated in sub-section (1), the Commercial Appellate Division of the High Court exercising supervisory jur isdiction over the civil cour t in question may, on the application of any Constitution of Commercial Applellate Division. Jurisdiction of Commercial Court. 5 of 1908. Jurisdiction of Commercial Divisio ns o f High Courts. 16 of 2000. 39 of 1970. Baragainst re- vision applica- tion or petition against an inter- locutory order. Transfer of suit if cou nter- claim in a commercial dispute is of Specified Value.5 of 1908. - 5 -Ex-45/2016 of the pa rties to the suit , withdraw such suit pending before the civil court and transfer the same for trial or disposal to the Commercial Court or Commercial Division or, as the case ma y be, having territoria l jurisdiction over such suit, and such order of transfer shall be final a nd binding. 10. Wher e the subject matter of an a rbitration is a commercial dispute of a Specified Value and— (1) If such arbitration is an international commercial arbitration, all applications or a ppeals arising out of such a rbitration under the provisions of t he Arbitration and Conciliation Act, 1996 that have been filed in a High Court, shall be heard and disposed of by the Commercial Appellate Division where such Commercial Appellate Division ha s been constit uted in such High Court. (2) If such arbitration is other tha n an international commercia l arbitration, all applications or appeals arising out of such arbit ration under the provisions of the Arbitration and Conciliation Act, 1996 that have been filed on the or iginal side of the High Court, shall be hear d and disposed of by the Commercial Appellate Division wher e such Commercial Appellate Division has been constituted in such High Court. (3) If such arbitra tion is other than an interna tional commercial arbitration, all applications or appeals arising out of such arbit ration under the provisions of the Arbitration and Conciliation Act, 1996 that would ordinarily lie before any principal civil court of original jurisdiction in a district (not being a High Court) shall be filed in, and hear d and disposed of by the Commercial Court exercising territorial jurisdiction over such a rbitration where such Commercial Court has been constituted. 11. Notwithstanding anything contained in this Ordinance, a Commercial Court or a Commercial Division sha ll not ent ertain or decide a ny suit, applica tion or proceedings relating to any commercial dispute in respect of which the jurisdiction of t he civil court is either exp ressly or impliedly ba rred under any other law for the time being in force. CHAPTER III Specified Value 12. (1) The Specified Value of the subject matter of the commercial dispute in a suit, appeal or a pplication shall be determined in the following manner:— (a ) where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in the suit or application inclusive of interest, if a ny, computed up to the date of filing of the suit or application, as the case may be, sha ll be ta ken into account,for determining such Specified Va lue; (b) where the relief sought in a suit, appeal or application relates to movable property or to a r ight therein, the mar ket value of t he mova ble property a s on the date of filing of the suit, appeal or application, as the case may be, shall be taken into account for determining such Specified Va lue; (c) where the relief sought in a suit, appeal or application relates to immovable pr operty or to a right therein, the mar ket value of the immovable property, as on the date of filing of the suit, appeal or application, as the case may be, shall be ta ken into account for determining Specified Va lue; (d) where the r elief sought in a suit, appeal or a pplication relates to any other intangible r ight, the market value of the said r ights a s estimated by the plaintiff shall be taken into account for determining Specified Value; andJurisdiction in respect of arbitration matters. 26 of 1996. 26 of 1996. 26 of 1996. Bar jurisdiction of Commercial Courts and Commercial Divisions. Determination of Specified Value. - 6 - Ex-45/2016 (e) where the counter-claim is raised in any suit, appeal or application, the value of the subject matter of the commercial dispute in such counter-claim as on the date of the counter-claim sha ll be taken into account. (2) The aggregate value of the claim and counter-claim, if any, as set out in the statement of claim and the counter-claim, if any, in an arbitration of a commercial dispute sha ll be the basis for determining whether such arbitration is subject to the jur isdiction of a Commer cial Division, Commercial Appellate Division or Commer cial Court, as the case may be. (3) No a ppeal or civil revision application under s ection 115 of the Code of Civil Procedure, 1908, as the case may be, shall lie from an order of a Commercial Division or Commercial Court finding that it has jurisdiction to hear a commercial dispute under this Ordina nce. CHAPTER IV Appeals 13. (1 ) Any person a ggr ieved b y the decision of the Commercial Cour t or Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a period of sixty days from the date of judgment or order, a s the case may be: Provided that an appeal shall lie from such orders passed by a Commercial Division or a Commercial C ourt that are specifically enumerated under Order XLIII of t he Code of Civil Procedure, 1908 as amended by this Ordina nce and section 37 of the Arbitration and Conciliation Act, 1996. (2) Notwithstanding anything contained in any other law for the time being in force or Letters P atent of a High Court, no appeal shall lie from any order or decree of a Commercial Division or Commercial Court otherwise than in accordance with the provisions of this Ordina nce. 14. The Commercial App ellate Division shall endeavour to dispose of appeals filed befor e it within a period of six months from the date of filing of s uch appeal. CHAPT ER V Transfer of pending suits 15. (1) All suits and a pplications, including applica tions under the Arbitra tion and Conciliation Act, 1996, relating to a commercial dispute of Specified Value pending in a High Court where a Commercial Division has been constituted, shall be transferred to the Commercial Division. (2) All suits and applications, including applications under the Arbitration and Conciliation Act, 1996, relating to a commercial dispute of Specified Value pending in a ny civil court in any district or a rea in respect of which a Commercia l Court has been constituted, shall be transferred to such Commercial Court: Provided that no suit or applica tion where the final judgment has been reserved by the Court prior to the constitution of the Commercial Division or the Commercial Court shall be transferred either under sub-section (1) or sub-section (2). (3) Where any suit or application, including an application under the Arbitration and Conciliation Act, 1996, relating to a commercial dispute of Specified Value shall stand transferred to the Commercial Division or Commercial Court under sub-section5 of 1908. Appeals from decrees of Commercial Courts and Commercial Divisions. 5 of 1908. 26 of 1996. Expeditious disposal of appeals. Transger of pending cases.26 of 1996. 26 of 1996. 26 of 1996. - 7 -Ex-45/2016 (1) or sub-section (2), the provisions of this Ordinance shall apply to those procedures tha t were not complete at t he time of trans fer. (4) The Commercial Division or Commercial Court, as t he case may be, may hold case management hearings in r espect of such transferred suit or application in order to pr escribe new timelines or issue such further directions a s may be necessary for a speedy and efficaciou s disposal of such suit or application in accordance with Order XIV-A of the Code of Civil Procedure, 1908: Provided tha t the pr oviso to sub-rule (1) of Rule 1 of Order V of the Code of Civil Procedure, 1908 sha ll not apply to such transferred su it or a pplication and the court may, in its discretion, prescribe a new time period within which the written stat ement must be filed. (5) In t he event that such suit or application is not transferred in the ma nner specified in sub-section (1), sub-section (2) or sub-section (3), the Commercial Appellate Division of the High Court ma y, on the application of any of the parties to the suit, withdraw such suit or applica tion fr om the court before which it is pending and transfer the same for trial or disposa l to the Commercia l Division or Commercial Cour t, as the case may be, having territor ial jur isdiction over such suit, and such order of tra nsfer shall be final and binding. CHAPT ER VI Amendments to the provisions of the code of Civil Pr ocedure, 1908 16. (1) The provisions of the Code of Civil Procedure, 1908 sha ll, in their application to any suit in respect of a commercial dis pute of a Specified Value, s tand amepded in the manner as s pecified in the Schedule. (2) The Commercial Division and Commercial Court shall follow the provisions of the Code of Civil Procedure, 1908, as a mended by this Ordinance, in the tria l of a su it in r espect of a commercia l disp ute of a Specified Va lue. (3) Where any provision of any Rule of the jurisdictiona l High Court or any amendment to the Code of Civil Procedure, 1908, by the Sta te Government is in conflict with the provisions of the Code of Civil Procedure, 1908, as amended by this Ordina nce, the provisions of the Code of C ivil Pr ocedure as amended by this Ordinance shall prevail. CHAPT ER VII Miscella neou s 17. The statistical data regar ding the number of suits, applications, appeals or writ petitions filed before the Commercial Court, Commercia l Division, or Commercial Appellate Division, as the case may be, the pendency of such cases, the status of each case, and the number of cases disposed of, shall be maintained and updated every month by each Commercial Court, Commercial Division, Commercial Appellate Division and shall be published on the website of the r elevant High Court. 18. The High Court may, by notification, issue practice directions to supplement the provisions of Chapter II or the Code of Civil P rocedur e, 1908 in so far as such provisions a pply to the hearing of commercial disputes of a Specified Va lue. 19. The State Government shall provide necessa ry infra structur e to fa cilitate the working of a Commercial Court or a Commercial Division of a High Court. 5 of 1908. 5 of 1908. 5 of 1908.Amendments to Code of Civil Procedure, 1908 in its application to commercial Collection and disclosure of data by Com- mercial Courts, Commercial Divisions and Commercial Appellate Divisions. Power of High Court to issue directions. Infrastructure facilities. 5 of 1908. 5 of 1908. 5 of 1908. Amendment of section 31. - 8 - Ex-45/2016 20. The State Government may, in consultation with the High Court, establish necessary facilities providing for training of J udges who may be appointed to the Commercial Court, Commercial Division or the Commercia l Appellate Division in a High C ourt. 21. Save as otherwise provided, the provisions of this Or dinance shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by vir tue of any law for the time being in force other than this Ordina nce. 22. (1) If any difficulty arises in giving effect to the provisions of this Ordinance, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Ordinance as may appear to it to be necessary or expedient for removing the difficu lty: Provided that no such order shall be made under this section a fter the expir y of a period of two years from the date of commencement of this Ordina nce. (2) Every order ma de under this section shall b e laid, as soon as ma y be, a fter it is made, before each House of Parliament. SCHEDULE (See section 17) 1. In s ection 26 of the Code of Civil Procedure, 1908 (her eafter referred to as the Code), in sub-section (2), the following proviso shall be inserted, namely:— “Provided that such an affidavit shall be in the form and ma nner as prescr ibed under Order VI Rule 15A.”. 2. For section 35 of t he C ode, the following section shall be substituted, namely:— “35.(1) In relation to any commercial dispute, the Court, notwithstanding anything cont ained in any other la w for the time being in force or Rule, has the discretion to deter mine: (a ) whether cos ts are payable by one party to another; (b) the quantum of those costs; and (c ) when they are to be paid. Explanation.— For the pur pose of clause (a), the expr ession “costs” shall mean reasonable costs r elating to— (i) the fees and expenses of the witness es incur red; (ii) legal fees and expens es incur red; (iii) any other expenses incurr ed in connection wit h the p roceedings. (2) If the Court decides to make an order for payment of costs, the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party: Provided tha t the Court may make an order deviating from the general rule for reasons to be recorded in writ ing. Illustration: The Plaintiff, in his suit, seeks a money decree for breach of contract, and damages. The Court holds that the Plaintiff is entitled to the money decree. However, it returns a finding that the cla im for damages is frivolous and vexatious. In such cir cumstances the Court may impose cos ts on the Plaintiff, despite the Plaintiff b eing the successful p arty, for having raised frivolous claims for dama ges. (3) In making an order for the payment of costs, the Court shall have regar d to the following circumstances, including - (a ) the conduct of the parties; Training and continuous education. Act to have overriding effect. Power remove difficulties. Amendment of section 26. Substitution of new section for section 35.5 of 1908. - 9 -Ex-45/2016 (b) whether a party has succeeded on part of its case, even if that party has not been wholly successful; (c ) whether the party had made a frivolous cou nter-cla im leading to delay in the disposal of the case; (d) whether any reasonable offer to settle is made by a party and unreasonably refused by the other party; and ( e) whether the party had made a frivolous claim and instituted a vexatious proceeding wasting the time of the Court. (4) The orders which the Court may make under this provision include an order that a party must pay— (a ) a pr oportion of another pa rty’s costs; (b) a stated amount in respect of another par ty’s costs; (c ) costs from or until a cer tain da te ; (d) costs incurr ed before proceedings have begun; ( e) costs relating to particular steps taken in the proceedings; (f) costs relating to a distinct par t of the proceedings; and (g) interest on costs fr om or until a certain date. 3. In section 3 5A of the Code, sub-section (2) shall be omit ted. 4. In t he First Schedule to the Code,— (A) in the Order V, in Rule 1, in sub-r ule (1), for the second proviso, the following proviso shall be substituted, namely:— “Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be- specified by the Court, for reasons to be recorded in writ ing and on payment of such cos ts as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons. On expiry of one hundr ed twenty days from the date of service of summons, the defendant shall forfeit the right to file t he writ ten sta tement and the Court shall not allow the writ ten sta tement to be taken on recor d.”; (B) in Order VI — (i) after Rule 3, the following Rule shall be inserted, namely:— “ 3 A. F or ms of p lea ding in C ommercia l C ou r t s - In a C ommercia l Dis p u t e, wher e forms of pleadings have been prescribed under the High Court Rules or Practice Directions made for the pur poses of such commercial disputes, pleadings shall be in such forms.”; (ii) after Rule 15, the following Rule shall be inserted, namely:— “15A. Verification of pleadings in a Commercia l Dispute.- (1) Notwithstanding anything contained in Rule 15, every pleading in a Commercial Dispute shall be verified by an affidavit in the manner and form prescribed in the Appendix to this Schedule. (2) An a ffidavit under sub-rule (1) above shall be signed by the par ty or by one of the parties to t he proceedings, or by any other person on beha lf of such party or parties who is proved to the satisfaction of the Court to be acquainted wit h the facts of t he case and who is duly authorised by such party or parties. (3) Where a pleading is amended, the amendments must be verified in the form and ma nner referred to in sub-rule (1) unless the Court orders otherwise. (4) Wher e a pleading is not verified in the manner pr ovided under sub-rule (1), the party shall not be permitted to rely on such pleading as evidence or any of the matt ers set out ther ein.Amendment of section 35A. Amendment of First Sch edule. - 10 - Ex-45/2016 (5) The Court ma y strike out a pleading which is not verified by a Statement of Truth, namely, the affida vit set out in the Appendix to this Schedule.”; (C) in Order VII, after Rule 2, the following Rule shall be inserted, namely: — “2A. Where interest is sought in the suit.- (1) Where the plaintiff seeks interest, the plaint shall contain a statement to that effect along with the details set out under sub- rules (2) and (3). (2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, 1908 and, furthermore, if the plaintiff is doing so under the terms of a cont ract or under a n Act, in which case t he Act is to be specified in the plaint; or on some other basis and shall state the basis of that. (3) Pleadings shall a lso state- (a) the rate at which interest is claimed; (b) the date from which it is claimed; (c ) the date to which it is calcula ted; (d) the total amount of interest claimed to the date of calculation; and (e) the daily rate at which interest accrues after that date.”; (D) in Order VIII,— (i) in Rule 1, for the proviso, the following proviso shall be substituted, namely:— “Provided that wher e the defendant fails to file the wr itten statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, a s may b e specified by the Court, for reasons to be recorded in writing and on payment of such cos ts as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons. On expir y of one hundred twenty days fr om the date of service of summons, the defendant s hall forfeit the right t o file the writ ten sta tement and the Court s hall not allow the written statement to be taken on recor d.”; (ii) after Rule 3, the following Rule shall be inserted, namely:— “3A. Denial by the defendant in su its before the Commercial Division of the High Court or the Commercial Court. (1) Denial shall be in the manner provided in sub-rules (2), (3), (4 ) and (5) of this Rule. (2) The defendant in his written statement shall state which of the allegations in the particulars of plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaint iff to prove, and which allegations he admits. (3) Wher e the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so a nd if he intends to p ut fonvard a different version of events from that given by the plaintiff, he must state his own version. (4) If the defendant disputes the jur isdiction of t he Court he must state the reasons for doing so, and if he is able, give his own s tatement as to which C ourt ought to have jur isdict ion. (5) If the defendant disputes the plaintiffs valuation of the suit, he must state his reasons for doing so, and if he is a ble, give his own sta tement of the value of the suit.”; (iii) in R ule 5, in sub-rule (1), after the first proviso, the following pr oviso shall be inserted, na mely: — “Provided further, that every allegation of fact in the plaint, if not denied in the maimer provided under Rule 3A of this Order, shall be taken to be admitted except as a gainst a person under disabilit y.”;5 of 1908. - 11 -Ex-45/2016 (iv) in Rule 10, after the first proviso, the following proviso shall be inserted, namely: — “Provided further that no Court shall make an order to extend the time provided under Rule 1 of this Order for filing of the written statement.”; (E) for Order XI of the Code, the following Order shall be substituted, namely:— “ORDER XI DISCLOSURE, DISCOVERY AND INSPECT ION OF DOCUMENTS IN SUITS BEFORE THE COMMERCIAL DIVISION OF A HIGH COURT OR A COMMERCIAL COURT 1.(1 ) Plaintiff sha ll file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint , including: (a ) Documents referred to and relied on by the plaintiff in the pla int; (b) Docu ments r elating to any matter in question in the proceedings, in the power, possession, control or custody of t he plaintiff, a s on the date of filing the plaint, irr espective of whether the same is in support of or adverse to the plaint iffs case; (c ) nothing in this Rule shall apply to docu ments produced by pla intiffs and relevant only— (i) for the cross-examination of the defenda nt’s witnesses, or (ii) in answer to any ca se setup by the defenda nt subsequent t o the filing of the plaint , or (iii) handed over to a witness merely to refresh his memory. (2) The list of documents filed with the plaint shall specify whether the docu ments in the power, possession, control or custody of the plaint iff are originals, office copies or photocopies. The list shall also set out in brief, details of parties to each document, mode of execution, issuance or receipt a nd line of custody of each docu ment . (3) The plaint shall contain a declar ation on oath from the plaintiff that all docu ments in the power, possession, control or custody of the plaint iff, pertaining to the facts and circu mstances of the proceedings initiated by him have been disclosed and copies t hereof annexed with the plaint , and that the plaintiff does not have any other documents in its power, possession, control or custody. Explanation. —A declaration on oath under this sub-rule shall be contained in the Statement of Truth as set out in the Appendix. (4) In case of urgent filings, plaint iff may seek leave to rely on additional docu ments, as part of the above declaration on oath and subject to gr ant of such leave by Court, the plaintiff shall file such additional documents in C ourt, within thir ty days of filing the suit, a long with a declaration on oath that the plaintiff has produced all documents in it s power, possession, control or custody, perta ining to the fact s and circumsta nces of the proceedings initiated by the pla intiff and that the plaintiff does not have any other documents, in its power, possession, control or custody. (5) Plaintiff shall not be allowed to rely on documents, which were in the plaintiffs power, possession, control or custody and not disclosed along with plaint or within the extended period set ou t above, save and except by leave of Court. Such leave shall be granted only upon the plaintiff establishing reasonable cause for non-disclosure along with the pla int.Disclosure and discovery of documents. - 12 - Ex-45/2016 (6) The plaint shall set out details of documents, which the pla intiff believes to be in the power, possession, contr ol or custody of the defendant a nd which the plaintiff wishes to rely upon and seek leave for production thereof by the said defendant. (7) Defendant shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the writ ten statement or with its counter-claim if any, including- (a ) docu ments referred to and relied on by the defendant in the written statement; (b) docu ments relating to any matter in question in the proceeding in the power, possession, control or cu stody of the defendant, irrespective of whether the same is in support of or adverse to the defendant’s defense; (c ) nothing in this Rule shall apply t o documents produced by defendants and relevant only— (i) for the cross-examination of the plaintiffs witnesses, (ii) in answer to any case setup by the pla intiff subsequent to the filing of the plaint , or (iii) handed over to a witness merely to refresh his memory. (8) The list of documents filed with the written statement or counter-claim shall specify whether the documents, in the power, possession, control or custody of the defenda nt, are origina ls, office copies or photocopies. T he list shall also set out in brief, details of parties to each document being produced by the defendant, mode of execution, issuance or receipt and line of custody of each document; (9) The written statement or counter-claim shall contain a declaration on oath made by the deponent that a ll documents in the power, possession, control or custody of the defendant, save and except for those set out in sub-rule 7 (c)(iii) above, pertaining to the facts and circu mstances of the proceedings initiated by the plaintiff or in the counter-claim, have been disclosed and copies thereof annexed with the writ ten sta tement or counter-cla im and that the defendant does not have in its power, possession, control or custody, a ny other documents; (10) Save and except for sub-rule 7 (c)(iii), defenda nt shall not be allowed to rely on documents, which were in the defendant’s power, possess ion, control or custody and not disclosed along with the written statement or counter claim, save and except by leave of Court. Such leave shall be granted only upon the defendant esta blishing reasonable cause for non-disclosure along with the written statement or counter-claim; (11) The written statement or counter-claim shall set out details of documents in the power, possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which have not been disclosed with the plaint, a nd call upon the plaint iff to produce the same; (12) Duty to disclose documents, which ha ve come to the notice of a pa rty, shall continue till disposal of the suit. 2. (1) In a ny suit the plaintiff or defendant by leave of the court may deliver interrogator ies in writing for the examina tion of the opposite pa rties or any one or more of such parties, and such int errogatories when delivered shall ha ve a note at the foot thereof stating which of such interrogatories each of such p ersons is required to answer: Provided tha t no pa rty shall deliver more than one set of interr ogatories to the same pa rty without an order for that purpose: Discovery by Interrogato- ries. - 13 -Ex-45/2016 Provided fur ther that interrogator ies which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examina tion of a witness. (2) On an applica tion for leave to deliver interrogatories, the particular interrogator ies proposed to be delivered shall b e submit ted to the court, and that cour t shall decide within seven days from the day of filing of the sa id application, in deciding upon such applica tion, the court shall take into account any offer, which may be made by the party sought to be interroga ted to deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be given a s to such only of the interrogatories submitted as the court shall consider necessary either for disposing fairly of the suit or for saving cos ts. (3) In a djusting the costs of the suit inquiry shall at the instance of a ny party be made into the propriety of exhibiting such interrogatories, a nd if it is the opinion of the taxing officer or of the court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogator ies and the answers thereto shall be pa id in a ny event by t he party in fa ult. (4) Interrogatories sha ll be in the form provided in Form No. 2 in Appendix C to the Code of Civil P rocedure, 1908, with such va riations as circumstances may requir e. (5) Wher e any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the na me of any officer of other person, a ny opposite par ty may apply for an order allowing him to deliver interroga tories to any member or officer of such corporation or body, and an order may be made accordingly. (6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the pu rpose of the su it, or that the matters inquir ed into are not sufficiently materia l at that stage, or on the gr ound of p rivilege or any other ground may be taken in the affidavit in answer. (7) Any interrogatories may be set a side on the ground t hat they have been exhibited unreasonably or vexatiously, or struck out on the gr ound that they are prolix, oppr essive, unnecessary or scanda lous and any application for this pur pose may be made within seven days after service of t he interrogator ies. (8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the cour t may allow. (9) An affidavit in answer to interrogatories shall be in the form provided in Form No. 3 in Appendix C to the Code of Civil Procedure, 1908, with such variations as circumstances may require. (10) No exceptions shall be taken to any affida vit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the court. (11) Wher e any person interroga ted omits to a nswer, or answers insufficiently, the party interroga ting may apply to the court for an order requiring him to answer, or to answer further, as the case may be, and a n order may be made requiring him to answer, or to a nswer further, either affida vit or by viva voce examination, as the court may dir ect. 3. (1) All parties shall complete inspection of all documents disclosed within thirty days of the date of filing of the written statement or written statement to the counter-claim, whichever is later. The Court may extend this time limit upon application at its discretion, but not beyond thirty days in any event. 5 of 1908. 5 of 1908. Inspection. - 14 - Ex-45/2016 (2) Any party t o the p roceedings may seek directions from the Court, at any stage of the proceedings, for inspection or production of docu ments by the other party, of which inspection has been refused by such pa rty or documents have not been produced despite issua nce of a notice to produce. (3) Order in such application shall be disposed of within thirty days of filing such application, including filing replies and rejoinders (if permitted by Court) and hearing. (4) If the above application is allowed, inspection and copies thereof shall be furnished to the pa rty seeking it, within five days of such or der. (5) No party will be permitted to rely on a document, which it ha d failed to disclose or of which inspection has not been given, sa ve a nd except with leave of Cour t. (6) Cour t may impose exemplary costs against a defa ulting party, who wilfully or negligently failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in their power, possession, cont rol or custody or where a Cour t holds that inspection or copies of any documents had been wrongfully or unreasonably withheld or refused. 4.(1) Each pa r ty s ha ll submit a sta tement of a dmis sions or denials of all docu ment s disclosed and of which ins pection has been completed, within fifteen days of the completion of inspection or any later da te as fixed by the Court. (2) The statement of admissions and denials shall set out explicitly, whether such party was admitting or denying: (a ) Corr ectness of contents of a document; (b) Existence of a document; (c ) Execution of a document; (d) Issuance or receipt of a document; ( e) Custody of a document. Explanation.—A statement of admission or denial of the existence of a document made in accordance with sub-rule 3(2)(b) of the modified order XI will include the admission or denial of the contents of a document. (3) Each party shall set out reasons for denying a document under any of the above grounds. Bare and unsupported denia ls shall not be deemed to be denials of a docu ment and proof of such documents may then be dispensed with at the discretion of t he Court. (4) Any party may however submit bar e denials for third party documents of which the party denying does not have any personal knowledge of, and to which the party denying is not a pa rty to in any manner whatsoever. (5) An Affidavit in support of the sta tement of admissions a nd denials shall be filed confirming t he correctness of the contents of the sta tement. 6) In t he event that the Court holds that any party has unduly refused to admit a document under any of the above criteria , - cos ts (including exemplar y costs) for deciding on admissibility of a document may be imposed by the Court on such pa rty. (7) Cour t may pass orders with respect to admitted documents including for waiver of further pr oof thereon or rejection of any documents. 5. (1) Any party to a proceeding may seek or the Cour t may order, at any time during the pendency of any suit, pr oduction by any party or person, of such docu ments in the possession or power of such party or person, relating t o any ma tter in question in such suit. Admission and denial of documents. Production of documents. - 15 -Ex-45/2016 (2) Notice to produce such document shall be issued in the Form provided in Form No. 7 in Appendix C to the Code of Civil Procedure, 1908. (3) Any party or person to whom such notice to produce is issued shall be given not less than seven da ys and not more than fifteen days to produce such docu ment or to answer to their inability to produce such document. (4) The Court may draw an adverse inference against a party refusing to produce such document after issua nce of a notice to pr oduce and where sufficient reasons for such non-production are not given and order costs. 6. (1) In case of disclosures and inspection of Electronic Records (as defined in the Information Technology Act, 2000), fu rnishing of printouts shall be sufficient compliance of the above provisions. (2) At the discretion of the parties or where required (when parties wish to rely on audio or video content), copies of electronic r ecords may be furnished in electronic form either in addition to or in lieu of printouts. (3) Where Electronic Records form part of documents disclosed, the declaration on oath to be filed by a party sha ll specify— (a ) parties to such Electronic Record; (b) manner in which such electronic record was produced a nd by whom; (c ) dates and time of prepara tion or storage or issuance or receipt of each such electronic record; (d) sour ce of such electronic record and date and time when the electr onic recor d was printed; ( e) in case of email ids, det ails of ownership, custody and access to such email ids; (f) in case of documents stored on a computer or computer resource (including on external servers or cloud), details of ownership, custody and access to such data on the computer or computer resou rce; (g) deponent’s knowledge of contents a nd correctness of contents; (h) whether the computer or computer r esource used for prepar ing or receiving or storing such document or data was functioning properly or in case of malfunct ion tha t such malfunct ion did not affect the contents of the docu ment stored; (i) that the printout or copy furnished was taken from the original computer or computer resou rce. (4) The par ties relying on printouts or copy in electronic for m, of any electronic records, will not be required to give ins pection of electronic records, provided a declaration is made by such party that each such copy, which has been produced, has been ma de from the original Electronic Record. (5) The Court may give directions for admissibility of Electronic Records’at any stage of the proceedings. (6) Any party ma y seek directions from the Court and the Cour t may of its motion issue directions for submission of fur ther proof of any electronic record including metadata or logs befor e admission of such electronic record. 7. F or avoidance of doubt, it is hereby clarified that Order XIII Rule 1, Order VII Rule 14 and Or der VIII Rule 1A the Code of Civil Procedure, 1908 shall not apply to su its or applica tions b efore the Commercial Divisions of High Cour t or Commercial Courts.”. 5. After Order XIII of the’ Code, the following Order shall be inserted, namely:— 5 of 1908. Electro nic Records 21 of 2000. Certain provi- sions of the Code of Civil Proce- dure, 1908 not to apply 5 of 1908. Insertion of new Order XIII-A. “ORDERXIII-A 1. (1) This Order sets ou t the procedur e by which Courts may . decide a claim pertaining to any Commercial Dispute without recor ding oral evidence. (2) For the pur poses of this Order, the word “cla im” sha ll include- (a) part of a claim; (b) any particu lar question on which the cla im (whether in whole or in part) depends; or (c) a counter-claim, as the case may be. (3) Notwithstanding anything to the contrary, an application for summary judgment under this Order shall not be ma de in a suit in respect of any Commercial Dispute that is or iginally filed as a summary suit under Or der XXXVII. 2. An applicant may apply for summary judgment at any time a fter summons has been served on the defendant: Provided that, no a pplication for summar y judgment may be made by such applicant after the Court has framed the issues in respect of the suit. 3. Grounds for summary judgment.- T he Court may give a summary judgment against a plaintiff or defendant on a claim if it cons iders that— (a ) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real prospect of successfully defending the claim, as the case may be; and (b) there is no other compelling reason why the claim should not be disposed of b efore recording of ora l evidence. 4. (1) An application for summary judgment to a Court shall, in addition to any other matters the applicant may deem relevant, include the matters set forth in sub- rules (a) to (f) mentioned hereunder: (a ) the applica tion must cont ain a statement that it is an application for summary judgment made under this Or der; (b) the applica tion must preciselydisclose all material facts a nd identify the point of law, if any; (c ) in the event the applicant seeks to rely upon any documentary evidence, the applicant must,— (i) include such documentary evidence in its application, and (ii) identify the relevant cont ent of such documentary evidence on which the applica nt relies; (d) the application must state the reason why there ar e no real prospects of succeeding on t he claim or defending the claim, as the cas e may be; ( e) the application must state what relief the applicant is seeking and briefly state the grounds for seeking such relief. (2) Wher e a hear ing for summary judgment is fixed, the respondent must be given at least thir ty days’ notice of: (a ) the date fixed for the hearing; and (b) the claim that is proposed to be decided by the Cour t at such hear ing. (3) The respondent may, within thirty days of the receipt of notice of application of summary judgment or notice of hearing (whichever is earlier), file a reply addressing the matters set forth in sub-rules (a) to (f) mentioned hereunder in addition to a ny other matters that the respondent may deem relevant: Scope of and cl asses cla sses of suits to which this Order applies. Stage for application for summary judgement. Procedure.- 16 - Ex-45/2016 (a ) The r eply mus t precis ely— (i) disclose all material facts; (ii) identify the point of law, if any; and (iii) state the reasons why the relief sought by the a pplicant should not be gra nted; (b) in the event the respondent seeks to rely upon any documentary evidence in its reply, the respondent must- (i) include such documentary evidence in its reply; and (ii) identify the relevant content of such documentary evidence on which the respondent relies; (c) the reply must state the reason why there are real prospects of succeeding on the claim or defending the claim, as the case may be; (d) the reply must concisely state the issues that should be framed for trial; ( e) the reply must identify what fur ther evidence will be brought on record at trial that could not be brought on record at the stage of summary judgment; and (f) the reply must sta te why, in light of the evidence or materia l on record if a ny, the Court should not proceed to summar y judgment. 5. (1) Notwithstanding anything in this Order, if the respondent in an application for summary judgment wishes to rely on additional documentary evidence during the hearing, the resp ondent must: (a ) file such documentary evidence; and (b) serve copies of such docu mentary evidence on every other party to the application at least fifteen da ys prior to the date of the hear ing. (2) Notwithstanding anything in this Order, if the applicant for summary judgment wishes to rely on documentary evidence in reply to the defendant’s docu mentary evidence, the applicant must: (a ) file such documentary evidence in reply; and (b) serve a copy of such documentary evidence on the respondent at least five days prior to the date of the hear ing. (3) Notwithstanding anything to the contrary, sub-rules (1) and (2) above shall not require documentary evidence to be: (a ) filed if such documentary evidence has already been filed; or . (b) served on a party on whom it has a lready been served. 6. (1) On an application made under this Order, the Court may make such orders that it may deem fit in its discretion including the following: (a ) judgment, on the claim; (b) conditional order in accordance with Rule 7 mentioned hereunder; (c ) dismissing the application; (d) dismissing part of the claim and a judgment on part of the claim tha t is not dismissed; ( e) striking out the pleadings (whether in whole or in par t); or (f) fur ther directions to proceed for case ma nagement under Order XVA. (2) Where the Court makes any of the orders as set forth in sub- rule (1 )(a) to (f) above, the Cour t shall record its reasons for making such or der. 7. (1) Where it appears to the Court that it is possible that a claim or defence may succeed but it is improbable that it will do so, the Court may make a conditional order as set forth in Rule 6(b) above.Evidence for hearing of summary judgement. Orders that may be made by the Court. Conditional o r d e r. - 17 -Ex-45/2016 (2) Where the Court makes a conditional order, it may: (a ) make it subject to all or any of the following conditions: (i) require a pa rty to deposit a sum of money in the Court; (ii) require a party to take a specified step in relation to the claim or defence, as the case may be; (iii) r equ ir e a p a r t y, a s t he ca s e ma y b e, t o give s u ch s ecu r it y or p r ovide such surety for restitution of costs as the Court deems fit and proper; (iv) impose such other conditions, including providing securit y for rest itution of los ses tha t any party is likely to suffer during the pendency of the suit, a s the Court ma y deem fit in its discretion; and (b) specify the consequences of the failur e to comply with the conditional order, including pa ssing a judgment against the party tha t have not complied with the conditional order. 8. T he Cour t may ma ke an order for payment of costs in an application for summary judgment in accordance with the provisions of sections 35 and 35 A of the Code.”. 6. Order XV of the Code shall be omit ted. 7. After Order XV of the Code, the following Order sha ll be inserted, namely:- “ORDERXV-A 1. T he Cour t shall hold the first Case Management Hearing, not later than four weeks from the date of filing of affida vit of admission or denial of documents by all parties to the suit. 2. In a Case Management Hearing, aft er hearing the parties, and once it finds that there are issues of fa ct and law which require to be tried, the Court may pass an or der— (a ) framing the issues between the par ties in accor dance wit h Order XIV of t he Code of Civil Procedure, 1908 after examining pleadings, documents and documents pr oduced before it, and on examination conduct ed by the Court under Rule 2 of Order X, if required; (b) list ing witnesses to be examined by the part ies; (c ) fixing the date by which affidavit of evidence to be filed by parties; (d) fixing the dates on which evidence of the witnesses of the parties to be recor ded; ( e) fixing the date by which written ar guments are to be filed before the Court by the parties; (f) fixing the date on which oral arguments are to be heard by the Court; and (g) sett ing time limits for parties and/or their advocates to a ddress oral ar guments. 3. In fixing dates or setting time limits for the purposes of Rule 2 of this Order, the Court s hall ensure that the arguments are closed not later than six months from the date of t he first case management hear ing. 4. The Court shall, as far as possible, ensu re that the recording of evidence shall be car ried on, on a day-to-day basis until the cross- exa mination of all the witnesses is complete. Power to impose costs. Omission of O r d e r X V. Insertion of Order XV-A. First Ca se Management Hearing. Orders to be passed in a Case Manage- ment Hearing. 5 of 1908. Recording of oral evidence on a day-to-day basis. Time limit for the completion of a trial.- 18 - Ex-45/2016 5. The Cour t may, if necessary, also hold Case Management Hearings anytime during the trial t o issue appropriate orders so as to ensure adherence by the par ties to the dates fixed under Rule 2 and facilitate speedy disposal of the suit. 6. (1) In a ny Case Management Hearing held under this Order, the Court shall have the power to - (a ) prior to the framing of issues, hear and decide any pending applica tion filed by the parties under Order XIIIA; (b) direct parties to file compilations of documents or pleadings relevant and necessary for fra ming issues; (c ) extend or shorten the time for complia nce wit h any practice, direction or Court order if it finds sufficient reason io do so; (d) adjourn or bring forward a hearing if it finds sufficient reason to do so; (e) direct a party to attend the Court for the purposes of examination under Rule 2 of Order X; (f) cons olidate proceedings; (g) strike off the name of any witness or evidence that it deems irrelevant to t he issues fra med; (h) direct a separate trial of any issue; (i) decide the or der in which issues are to be tr ied; (j) exclude an issue from consideration; (k) dismiss or give judgment on a claim after a decision on a preliminary issue; (1) direct that evidence be recorded by a Commission where necessar y in accordance with Order XXVI; (m) reject a ny a ffidavit of evidence filed by t he pa rties for containing irrelevant, inadmissible or argumentative material; (n) strike off any parts of the affidavit of evidence filed by the parties cont aining irrelevant, inadmissible or argumentative material; (o) delegate the recording of evidence to such authorit y appointed by the Court for this purpose; (p) pass any order relating to the monitor ing of recording the evidence by a commission or any other author ity; (q) order a ny party to file and exchange a costs budget; (r) issue directions or pa ss any order for the purpose of managing the case and furthering the overriding objective of ensur ing the efficient disposal of the suit. (2) When the Court passes an order in exercise of its powers under this Or der, it may - (a) make it subject to conditions, including a condition to pay a sum of money into Court; and (b) specify the consequence of failure to comply with the order or a condition. (3 ) While fixing the date for a Case Management Hearing, the Court may direct that the pa rties a lso be present for such case management hearing, if it is of the view that ther e is a possibility of settlement between the part ies. 7. (1) The Court shall not adjourn the Case Management Hear ing for the sole reason that the advoca te appearing on behalf of a pa rty is not present: Provided tha t an adjournment of the hearing is sought in a dvance by moving an application, the Court may adjourn the hearing to another date upon the payment of such costs as the Court deems fit, by the party moving such application.Case Manage- ment Hearings during a trial. Powers of the Court in a Case Management Hearing. Adjournment of Case Manage- ment Hearing. - 19 -Ex-45/2016 (2) Notwithsta nding anything contained in this Rule, if the Court is satisfied that there is a justified reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and conditions it deems fit. 8. Wher e any party fa ils to comply with the order of the Court passed in a Case Management Hearing, the Cour t shall have the power to- (a ) condone such non-compliance by payment of costs t o the Court; (b) foreclose the non-compliant party’s right to file affidavits, conduct cross- examination of witnesses, file written submissions, address oral arguments or make further arguments in the trial, as the case may be, or (c ) dismiss the plaint or allow the suit where such non-compliance is wilful, repeated and the imposition of cos ts is not adequate to ensure compliance.”. 8. In Order XVIII of the Code, in Rule 2, for sub-rules (3 A), (3B), (3C), (3D), (3E) and (3 F), the following shall be su bstituted, namely:— “(3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely and under distinct headings written arguments in support of his case to the Court and su ch writ ten arguments shall form par t of the record. (3 B) T he writ ten arguments shall clearly indica te the provisions of t he laws being cited in suppor t of the arguments and the cit ations of judgments being relied upon by the party and include copies of such judgments being relied upon by the party. (3C) A copy of such written argu ments shall be furnished simultaneously to the opposite party. (3D) The Court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised written arguments within a period of not more than one week after the date of conclusion of arguments. (3E) No adjournment shall be granted for the pur pose of filing the written arguments unless the Cour t, for reasons to be recorded in writing, consider s it necessary to grant such a djournment. (3F) It will be open for the Cour t to limit the time for oral submissions having regard to the natur e and complexity of the matter.”. 9. In Order XVIII of the Code, in Rule 4, aft er sub-r ule (1), the following sub- rules shall be inserted, namely:— (1 A) The affidavits of evidence, of all witnesses whose evidence is proposed t o b e led b y a p a r t y s ha ll b e filed s imu lt a neou s ly b y t ha t p a r ty a t t he t ime dir ect ed in the first case management hear ing. (IB) A party shall not lead additional evidence by the affidavit of any witness (including of a witness who has a lready filed an affidavit) unless sufficient cause is made out in an application for that purpose and an order, giving reasons, permitting such additional affidavit is passed by the Court. (IC ) A pa rty sha ll however have the r ight to withdraw any of the affida vits so filed at any time prior to commencement of cross- examination of that witness, without any adverse inference being drawn based on such withdra wal: Provided tha t any other par ty will be entitled to tender a s evidence and rely upon any admission made in such withdrawn affidavit.”. Consequences of non- compliance with o rders. Amendment of Order XVIII. Amendment of Order XVIII.- 20 - Ex-45/2016 10. In Or der XIX of the C ode, a fter R u le 3 , t he following Ru les sha ll b e ins ert ed, namely:— “4. (1) The Cou rt ma y, by directions, regulate the evidence as to issues on which it requires evidence and t he manner in which such evidence ma y be placed before the Court. (2) The Court may, in its discretion and for reasons to be recorded in writ ing, exclude evidence that would otherwise be produced by the parties.”. 5. A Court may, in it s discr etion, for reasons to be recorded in writ ing— (i) redact or order the redaction of such portions of the affidavit of examination-in-chief as do not, in its view, constitute evidence. (ii) retu rn or r eject an affida vit of examina tion-in-chief as not constituting admissible evidence. 6. An affidavit must comply with the form a nd requirements set forth below: (a ) such affidavit should be confined to, and should follow the chronological sequence of, the dates and events that a re relevant for proving any fact or any other matter dealt with; (b) where the C ourt is of the view that an affidavit is a mere r eproduction of t he pleadings, or cont ains the legal grounds of any party’s case, the Court may, by order, strike out t he affidavit or such parts of the affidavit, as it deems fit and proper; (c ) each paragr aph of an affidavit should, as far as possible, be confined to a distinct portion of the subject; (d) an affidavit shall state- (i) which of the statement s in it ar e made from the deponent ’s own knowledge and which are matters of informa tion or belief; and (ii) the source for any matters of information or belief. ( e) an a ffidavit should- (i) have the pages numbered consecutively as a separ ate docu ment (or as one of severa l documents cont ained in a file); (ii) be divided into numbered paragra phs; (iii) have all numbers, including dates, expressed in figures; and (iv) if a ny of the documents referred to in the body of the affidavit are annexed to the affidavit or any other p leadings, give the annexures and page numbers of such documents that are relied upon.”. 11. In Order XX of the Code, for Rule 1, the following Rule shall be substituted, namely:— “(1) The Commercia l Court, Commercial Division, or Commercia l Appellate Division, as the case may be, shall, within ninety days of the conclusion of arguments, pronounce judgment a nd copies thereof shall be issued to all the pa rties to the dispute through electronic mail or otherwise.”.Amendment to Order XIX Court may control evidence. Redacting or rejecting evidence. Format and guidelines of affidavit of evidence. Amendment of Order XX. - 21 -Ex-45/2016 APPENDIX STATEMENT OF TRUTH (Under First Schedule, Order VI- Rule 15A and Order X- Rule 1) STAT EMENT O F TRUTH BY [pa rty position a nd name of par ty in full] I, the deponent above-named, do hereby solemnly a ffirm and decla re as under: 1. I am [name of party and relevant details] in the above suit and competent to swea r this affida vit. 2. 1 am sufficiently conversant with the facts of the ca se and have also examined all relevant documents and r ecords in relation thereto. 3. I say that the statements made in [mention specific paragraph numbers] para graphs a re true to my knowledge and statements made in [mention specific paragraph numbers] paragraphs are based on information received which I believe to be correct and statements made in [mention specific paragr aph numbers] ar e based on legal advice. 4. I sa y that there is no false sta tement or concealment of a ny materia l fa ct , docu ment or record and I have included information that is according to me, relevant for the present suit. 5. I sa y tha t that all documents in my p ower, possession, control or cu stody, pertaining to the facts and circumstances of the proceedings initiated by me have been disclosed and cop ies thereof annexed with the plaint, a nd that I do not have any other documents in my power, possession, control or custody. 6. I sa y that the above-mentioned pleading comprises of a total of [number of pages] pages, each of which has been signed by me. 7. 1 state tha t the Annexures hereto are true copies of the documents referred to and relied upon by me. 8. I sa y that I am awar e that for any false statement or concealment, I shall be liable for action taken a gainst me under the law. Place: Date: VERIFICATION The statements made above are true to my knowledge. Verified a t [pla ce] on t his [date] DEPONENTPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50PRANAB MUKHERJEE,P resident . DR. G. NARAYANA RAJU, Secr etary to the Govt, of India. - 22 - Ex-45/2016

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Wednesday 24.2.2016 Phalguna 5, S.E. 1937, Issue No. 46 NOTIFICATIONNo.H. 12017/55/2014-LJD, the 11th February, 2016.The following Ordinance is hereby re- published for general information. The Arbitration and Conciliation (Amendment) Ordinance, 2015. (No. 9 of 2015) Zahmingthanga Ralte, Joint Secretary to the Govt. of Mizoram, Law & Judicia l Department. MINISTRY OF LAW AND JUSTICE (Legisla tive Dep art ment) New Delhi, the 23rd October, 2015/Kartika 1,1937 (Saka) THE ARBITRATION AND CONCILIATION AMENDMENT ORDINANCE, 2015 No. 9 OF2015 Promulgated by the President in the Sixty-sixth Year of the Republic of India. An Ordinance to amend the Arbitra tion and Conciliation Act, 1996. WHEREAS Parliament is not in session and the President is satisfied that circumstances exis t which render it necessary for him to take immediate act ion; N ow, THERE FORE, in exercise of the powers conferr ed by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:— 1. (1) T his Ordinance may be called the Arbitration and Conciliation (Amendment) Ordinance, 2015. Short title and commencement. - 2 - Ex-46/2016(2) It shall come into force at once. 2. In the Arbit ration a nd Conciliation Act, 1996 (her einafter referr ed to as the principal Act), in section 2,— (I) in sub-section (1)— (A) for clause (e), the following cla use shall be substituted, namely:— ‘(e) “Court” means— (i) in the case of an arbitration other than international commercial arbitration, the pr incipal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary or iginal civil jurisdict ion, having jurisdiction to decide the questions forming the su bject-matter of the arbitration if the same ha d been t he subject-matter of a suit, but does not include any civil court of a grade inferior to such principal Civil Court, or any Cour t of Small Causes; (ii) in the case of international commercia l arbitration, the High Cour t in exer cise of its ordinary or iginal civil jurisdict ion, ha ving jur isdiction to decide the questions forming the subject-matter of the a rbitration if the same had been the subject-ma tter of a suit , and in other cases, a High C ourt ha ving jurisdiction to hea r appeals from decrees of cour ts subor dinate to that High Court;’; (B) in clause (f), in sub-clause (iii), the words “a company or” shall be omitted; (II) in sub-section (2), the following p roviso shall be inserted, namely:— “Provided that subject to an agreement to the contrary, the pr ovisions of sections 9, 27, and clause (a) of sub-section (1) and sub-section (3) of section 37 shall also apply to international commercial arbitra tion, even if the place of arbitration is outside India, and an ar bitral award made or to be made in such place is enforceable and recognised under the provisions of Par t II of this Ordinance.”. 3. In s ection 7 of the principal Act, in sub-section (4), in cla use (b), after the words “or other means of telecommunication”, the words “including communica tion through electronic means” shall be inserted. 4. In section 8 of the principal Act,— (i) for sub-section (1), the following sub-section sha ll be substituted, namely:— “(1) A judicial authority, befor e which an action is brought in a ma tter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming through or under him, so applies not later than the date of submitting his first statement on the substance of the dispute, then, notwithstanding any judgment, decree or order of t he Supr eme Cour t or any Court, refer the parties to arbitration unless it finds that prima facie no valid arbitration a greement exists.”; (ii) in sub-section (2), the following p roviso shall be inserted, namely:— “Provided that where the original arbitra tion agr eement or a certified copy thereof is not available with the party applying for refer ence to arbitra tion under sub-s ection (1), and the said agr eement or certified copy is retained by the other party to that a greement, then, the party so applying shall file such Amendment of section 2.26 of 1996. Amendment of section 7. Amendment of section 8. - 3 -Ex-46/2016 application along with a copy of the arbitration agreement and a petition praying the Cour t to call upon the ot her pa rty to produce the original arbitr ation agreement or its duly cer tified copy before that Cour t.”. 5. S ection 9 of the principal Act shall be re-numbered as sub-s ection (1) thereof, and after sub-section (1) as so re-numbered, the following sub-s ections shall be inserted, namely:— “(2) Where, before the commencement of the arbitral pr oceedings, a Court passes an order for any interim measure of protection under sub-section (1), the arbitral pr oceedings shall be commenced within a period of ninety days from the date of such order or within such further time as the Court may determine. (3) Once the arbitral tribunal has been constituted, the Court shall not entertain an application under sub-section (1), unless the Court finds that circumstances exist which may not render the r emedy provided under section 17 efficacious.”. 6. In section 11 of the principal Act,—(i) in sub-sections (4 ), (5) a nd (6), for the words “the Chief Justice or any person or institution designated by him” wherever they occu r, the words “the S upreme Cour t or, as the ca se may be, the High Court or any person or institution designated by s uch Court” sha ll be substituted; (ii) after sub-section (6), the following sub-s ections shall be inserted, namely:— “(6A) The Supreme Court or, as the case may be, the High Court, while considering any application under sub-section (4) or sub-section (5) or sub-section (6), shall, notwithstanding any judgment, decree or order of any court, confine to the examination of the existence of an arbitration agreement. (6B) The designation of any person or institution by the Supreme Court or, as the case may be, the High Court, for the purposes of this section shall not be regarded as a delegation of judicia l power by the Supreme Court or the High Cour t.”; (iii) in sub-section (7), for the words “the Chief Justice or the person or institution designated by him is final”, the words “the Supr eme Court or, as the case may be, the High Court or the person or institution designated by such Court is final and no appeal including Letters Patent Appeal shall lie aga inst such decision” sha ll be substituted; (iv) for sub-section (8), the following s ub-section shall be substituted, namely:— “(8) The Supreme Court or, as the case may be, the High Cour t or the person or institution designa ted by such Court, before appointing an arbitrator, shall seek a disclosure in writing from the prospective arbitra tor in terms of sub-section (1 ) of section 12, and ha ve due regard to— (a ) any qualifications required for the arbitrator by the agreement of the parties; and (b) the contents of the disclosur e and other considerations as a re likely to secure the appointment of an independent and impa rtial a rbitrator.”; (v) in sub-section (9), for the wor ds “the Chief Justice of India or the person or institution designated by him”, the wor ds “the S upr eme Court or the person or institution designa ted by that Court” shall be s ubstituted; (vi) for sub-section (10), the following sub-section shall be substituted, namely:— “(10) The Supreme Court or, as the case ma y be, the High C ourt, may make such scheme as the said Court may deem appropriate for dealing with matters entrusted by sub-section (4) or sub-section (5) or sub-section (6), to it.”;Amendment of section 9. Amendment of section 11. (vii) in sub-section (11), for the wor ds “the Chief Justices of different High Cour ts or their designates, the Chief Justice or his designate to whom the request has been fir st made”, the words “different High Courts or their designates, the High Cour t or it s designate to whom the request has been first ma de” sha ll be substituted; (viii) for sub-section (12), the following sub-section shall be substituted, namely:— ‘(12) (a) Where the matters referred to in sub-sections (4), (5), (6), (7), (8) and sub-section (10) ar ise in an international commercial ar bitration, the reference to the “Supreme Court or, as the case may be, the High Court” in those sub-sections shall be construed as a reference to the “ Supreme Court”; and (b) where the matters referred to in sub-sections (4), (5), (6), (7), (8) and sub- section (10) arise in any other ar bitration, the r eference to “the Supreme Court or, as the case may be, the High Cour t” in those sub-sections shall be construed as a reference to the “High Court” wit hin whose local limits the pr incipal Civil C ourt referred to in clause (e) of sub-s ection (1) of s ection 2 is sit uate, a nd where the High Court itself is the Court referred to in that cla use, to that High Cour t.’; (ix) after sub-section (12), the following sub-sections shall be ins erted, namely:— “(13) An application made under this section for appointment of an ar bitrator or arbitrators shall be disposed of by the Supreme Court or the High C ourt or the person or institution designated b y such C ourt, as the ca se may be, as expeditiously as possible and an endeavor shall be made to dispose of the matter within a period of s ixty da ys from the da te of s ervice of notice on the opposite pa rty. (14) For the purpose of determination of the fees of the arbitr al tribunal and the manner of its payment to the arbitral tribunal, the High Court may frame such rules as may be necessar y, after taking into consider ation t he rates specified in the Fourth Schedule. Explanation. —For the removal of doubts, it is hereby clarified tha t this sub- section shall not a pply to interna tional commercial arbitration and in arbitrations (other than interna tional commercial arbit ration) in case where parties have agreed for determination of fees as per the rules of a n arbit ral institution.”. 7. After section 11 of the principal Act, the following new section shall be inserted, namely :— 11 A.(l) If the Central Government is satisfied that it is necess ary or expedient so to do, it may, by notification in the Official Gazette, amend the Fourth Schedule and thereupon t he Four th Schedule shall be deemed to have been amended accordingly. (2) A copy of every notification proposed to be issued under sub-section (/), shall be laid in draft before each House of P arliament, 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, befor e the expiry of the session immediately following the session or the successive sess ions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notifica tion sha ll not be issued or as the ca se may be, shall be issued only in such modified form as may be agreed upon by both the Houses of Parliament.”. 8. In section 12 of the principal Act,— (i) for sub-section (1), the following sub-section shall be substituted, namely:— “(1) When a person is approached in connection with his possible appointment as an a rbitrator, he shall disclose in wr iting a ny circumstances,— Insertion of new section 11A. Power of Central Government to amend Fourth Sch edule. Amendment of section 12.- 4 - Ex-46/2016 (a) such as the existence either direct or indirect, of any past or present relationship with or interest in any of the parties or in relation to the subject matter in dispute, whether financial, business, professional or other kind, which is likely to give rise to ju stifiable doubts as t o his independence or impartiality; and (b) which are likely to affect his ability to devote sufficient time to the arbitration and in particular his ability to complete the entire arbitration within a period of twelve months.Explanation 1. — The gr ounds stated in the F ifth Schedu le shall guide in determining whether circumstances exist which give rise to justifiable doubts as to the independence or impartialit y of an arbitra tor. Explanation 2. — The disclosure shall be made by such person in the form specified in the Sixth Schedule.”; (ii) aft er sub-s ection (4), the following sub-section shall be inserted, namely:— “(5 ) Notwithsta nding any prior agreement to the contra ry, a ny person whose relationship, with the pa rties or counsel or the subject matter of the dis pute, falls under any of the ca tegories specified in t he Seventh Schedule sha ll be ineligible to be appointed as an arbitra tor: Provided tha t parties may, subsequent to disputes having a risen between t hem, waive the a pplicability of this sub-section by an expr ess agr eement in writing: Provided fur ther that this sub-section sha ll not apply to cases where an arbitr ator has already been a ppointed on or before the commencement of the Arbitration and Conciliation (Amendment) Ordinance, 2015.”. 9. In section 14 of the principal Act, in sub-section (1), in the opening p ortion, for the words “T he mandate of a n arbit rator shall terminate if ’, the words “The mandate of a n arbit rator shall terminate and he shall be substituted by another arbitrator, if ’ shall be substituted. 10. For section 17 of the principal Act, the following section sha ll be substituted, namely:— “17. (1) A pa rty may, during the arbitral proceedings or at any time after the making of t he arbitral award but before it is enforced in accordance with section 36, apply to the arbitral tribunal— (i) for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or (ii) for an interim measure of protection in respect of any of the following matters, namely:— (a) the preservation, interim custody or sale of any goods which are the su bject matter of the arbitration agreement; (b) securing the amount in dispute in the arbitration; (c) the detention, preservation or inspection of any property or thing which is the subject -matter of the dispute in arbitration, or as to which any question may arise therein and authorising for a ny of the aforesaid pur poses a ny person to enter upon any land or building in the possession of any party, or authorising any samples to be taken, or a ny observation to be made, or experiment to be tr ied, which may be necessary or expedient for the purpose of obtaining full information or evidence; (d) interim injunction or the appoint ment of a receiver; (e) such other interim measur e of pr otection as may appear to t he arbitral tribunal to be just and convenient,Amendment of section 14. Substitution of new section for section 17. Interim mea- sures o rdered by arbitral tribunal. - 5 -Ex-46/2016 and the arbitral tribunal s hall have the same power for ma king or ders, as the cour t has for the purpose of, and in relation to, any proceedings before it. (2) Subject to any orders passed in an a ppeal under section 37, any order issued by the arbitral tr ibunal under this section sha ll be deemed to be an order of the Court for all pur poses a nd shall be enforceable under the Code of Civil P rocedur e, 1908, in the same manner as if it were an order of the Court.” . 11. In section 23 of the principal Act, after sub-section (2) , the following sub- section sha ll be inserted, namely:— “(2A) The r espondent, in support of his case, may also submit a counter claim or plead a set-off, which shall be adjudicated upon by the arbitral tribunal, if such counterclaim or set-off falls within the scope of the arbitr ation a greement.”. 12. In section 24 of the principal Act, after the proviso to s ub-section (1), the following pr oviso shall be inserted, namely:— “Provided further that the arbitr al tribunal sha ll, as far as possible, hold oral hear ings for the pr esentation of evidence or for oral ar gument on day-t o-day ba sis, and not grant any a djournments unless sufficient cause is made out, and may impose costs including exemplary costs on the party seeking adjournment without any sufficient cause.”. 13. In s ection 25 of t he principal Act, in clause (b), at the end, after the words “allegations by the claimant”, the words “ and shall have the discretion to treat the right of the respondent to file such statement of defence as having been forfeited” shall be inserted. 14. In section 28 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:- “(3) While deciding and making an award, the arbitral tr ibunal shall, in all ca ses, take into account the terms of the contract and trade usages applicable to the tr ansaction.”. 15. After section 29 of the principal Act, the following new sections shall be inserted, namely:- “29A. (1) The award shall be made within a period of twelve months from the da te the arb itral t ribuna l enters upon the reference.Explanation. —For the purpose of this sub-section, an arbitral tribunal shall be deemed to have entered upon the r eference on the date on which the ar bitrator or all the arbitrators, as the case may be, have received notice, in writing, of their appointment. (2) If the award is made within a period of six months from the date the arbitral tribunal enters upon the reference, the arbitral tribunal shall be entitled to receive such amount of additional fees as the parties may agree. (3) The parties may, by consent, ext end the period specified in sub-section (1) for making awar d for a further period not exceeding six months. (4) If the awar d is not made within the per iod specified in sub-section (1) or the extended period specified under sub-section (3), the ma ndate of the ar bitrator(s) shall terminate unless the Court has, either pr ior to or after the expiry of the period so specified, ext ended the per iod:5 of 1908. Amendment of section 23. Amendment of section 24. Amendment of section 25. Amendment of section 28. Insertion of new sections 29A and 29B. Time limit for arbitral award.- 6 - Ex-46/2016 Provided tha t while extending the period u nder this sub-section, if the Court finds that the proceedings have been delayed for the reasons a ttributa ble to the arbitral tribunal, then, it may or der reduction of fees of arbitrator (s) by not exceeding five per cent. for each month of such delay. (5) The extension of period referred to in sub-section (4) may be on the application of a ny of the parties and may be granted only for sufficient cause and on such t erms and conditions as may be imposed by the Court. (6) While extending the period r eferred to in s ub-section(4), it shall be open to the Court to substitute one or all of the arbitrators and if one or all of the arbitrators are substituted, the arbitral proceedings shall continue from the stage already reached and on the basis of the evidence and ma terial a lready on record, and the ar bitrator(s) appointed under this section shall be deemed to have received the said evidence and material. (7) In the event of ar bitrator(s) being appointed under t his section, the arbitral tribunal thus reconstituted shall be deemed to be in continuation of the previously appointed arbitral tribunal. (8) It shall be open to the Court to impose actual or exemplar y costs upon any of the parties under this section. (9) An a pplication filed under sub-s ection (5) shall be disposed of by t he Cour t as expeditiously as p ossible and endeavour shall be made to dispose of the matter within a period of sixty days from the date of service of not ice on the opposite pa rty. 29B. (1) Notwithstanding anything contained in this Act, the parties to an arbitration agr eement, may, at a ny sta ge either before or at the time of appointment of the arbitral tribunal, agree in writing to have their dispute resolved by fast track procedure specified in sub-section (3). (2) The parties to the arbitration agreement, while agreeing for resolution of dispute by fast tra ck procedure, may agr ee that the ar bitral tribuna l shall consist of a sole arbitrator who shall be chosen by the parties. (3) The arbitral tribunal shall follow the following procedure while conducting arbitration proceedings under sub-section (1): (a ) The arbitra l tribunal shall decide the dispute on the basis of written pleadings, documents a nd submissions filed by the parties without any oral hear ing; (b) The arbitral tribuna l shall have power to call for any fur ther information or clar ification from the par ties in addition to the pleadings and documents filed by them; (c ) An oral hea ring may be held only, if, a ll the parties make a request or if the arbitral tribunal considers it necessary t o have oral hea ring for clarifying certain issues; (d) The arbitral tribunal may dispense with any technical formalities, if an oral hear ing is held, a nd adopt such procedur e as deemed appropria te for expeditious disposal of the case. (4) The awar d under this section shall be made within a period of six months from the da t e the ar bitral tribuna l enters upon the reference. (5) If the award is not made within the period specified in s ub-section (4), the provisions of sub-sections (3) to (9) of section 29A sha ll apply to the proceedings. (6) The fees pa yable to the arbitrator and the manner of p ayment of the fees shall be such as may be a greed between t he arbitrator and the parties.”.Fast track procedure. - 7 -Ex-46/2016 16. In section 31 of the principal Act,— (i) in sub-s ection (7), for clause (b), the following shall be substituted, namely:— ‘(b) A sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry interest at the rate of two per cent. higher than the curr ent rate of int erest prevalent on the date of award, from the date of awar d to the date of payment.Explanation. —The express ion “cur rent ra te of interest” sha ll have the same meaning as a ssigned to it u nder clause (b) of sect ion 2 of the Interest Act, 197 8.’; (ii) for sub-section (8), the following sub-section shall be substituted, namely:— “(8) The costs of an arbitration shall be fixed by the arbitral tribunal in accordance with section 31 A.”. 17. After section 31 of the principal Act, the following new section shall be inserted, namely:— “31A.(1) In relation to a ny arbitration proceeding or a proceeding under any of the provisions of this Act pertaining to the arbitration, the Court or arbitra l tribunal, notwithstanding anything contained in the Code of Civil Procedur e, 1908, shall have the discretion to determine— (a ) whether cos ts ar.e payable by one party to another; (b) the amount of such costs; and (c) when such costs are to be paid. Explanation. —For the purpose of this sub-section, “costs” means reasonable costs relating to— (i) the fees and expenses of the arb itrators, Cou rts and witnes ses; (ii) lega l fees a nd expenses; (iii) any a dministr ation fees of the institution supervising t he arbitration; and (iv) any other expens es incurr ed in connection with the a rbitra l or Court proceedings and the arbitral award. (2) If the Court or arbit ral tribunal decides to make an order as to payment of costs,— (a ) the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; or (b) the Court or arbitr al tribunal may make a different order for r easons to be recorded in writ ing. (3) In determining the costs, the Court or a rbitral tribuna l shall have r egard to all the circumstances, including— (a) the conduct of all the parties; (b) whether a party ha s succeeded p artly in the case; (c) whether the par ty had made a frivolous counter claim leading to delay in the disposal of the arbitr al proceedings; and (d) whether any reasonable offer to settle the dispute is made by a party and refu sed by the ot her pa rty. (4) T he Court or arbitral tribunal may ma ke any order under this section including the order tha t a party shall pay— (a ) a pr oportion of another pa rty’s costs; (b) a stated amount in respect of another par ty’s costs; (c ) costs from or until a certain date only; (d) costs incurr ed before proceedings have begun; ( e) costs relating to particular steps taken in the proceedings; (f) costs relating only to a distinct part of the proceedings; and Amendment of section 31. Insertion of new section 31A. 14 of 1978. Regime for costs. 5 of 1908.- 8 - Ex-46/2016 (g) interest on costs fr om or until a certain date.(5) An agreement which has the effect that a party is to pay the whole or par t of the costs of the a rbitration in any event shall be only valid if such agreement is made after the dispute in question ha s arisen.”. 18. In section 34 of the principal Act,— (I) in s u b -s ection (2 ), in clau s e (b ), for the Explanation, the following Explanations shall be substituted, namely:— “Explanation 1. —For the avoidance of any doubt, it is clarified that an awar d is in conflict with the public policy of India, only if,— (i) the making of the award was induced or a ffected by fraud or corruption or was in viola tion of section 75 or section 81; or (ii) it is in contravention with the fu ndamental policy of Indian law; or (iii) it is in conflict with the most basic notions of morality or justice. Explanation 2. —For the avoidance of doubt, the test as to whether there is a cont ravention with the fundamental policy of India n law shall not entail a review on the merits of the dispute.”; (II) aft er sub-s ection (2), the following sub-section shall be inserted, namely:— “(2A) An arbitral award arising out of arbitrations other than international commercial a rbitrations, may also be set aside by the Court, if the Cour t finds that the award is vitia ted by patent illegality appearing on the face of the award: Provided that an award shall not be set a side merely on the ground of an erroneous application of the law or by re- a pprecia tion of evidence.”; (III) aft er sub-section (4), the following sub-sections shall be inserted, namely:— “(5) An application under this section shall be filed by a party only after issuing a prior notice to the other party and such application s hall be accompanied by an affidavit by the applicant endorsing compliance with the said requirement. (6) An application under this section shall be disposed of expeditiously, a nd in any event, within a period of one year from the date on which the notice referred to in sub-section (5) is served upon the other party.”. 19. For section 36 of the principa l Act, the following section shall be substituted, namely:— “36. (1) Where the time for making an application to set aside the arbitral a ward under section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be enforced in accor dance with the provisions of the Code of Civil Procedure, 1908, in the same manner as if it were a decree of the court. (2) Wher e an application to set aside the arbitral a ward ha s been filed in the Cour t under section 34, the filing of such an application shall not by itself render that awar d unenforceable, unless the Court gra nts an order of stay of the operation of the said arbitral award in accorda nce with the provisions of sub-section (3), on a sepa rate application made for that purpose. (3) Upon filing of an application under sub-section (2) for stay of the operation of the arbitra l award, the Court may, subject to such conditions as it ma y deem fit, grant stay of the operation of such awar d for r easons to be recorded in writ ing: Provided tha t the Court shall, while cons idering the application for grant of stay in the case of an ar bit ral award for pa yment of money, ha ve due regar d to the provisions for grant of stay of a money decree under the provisions of the Code of Civil Procedure, 1908.”.Amendment of section 34. Substitution of new section for section 36. Enforcement 5 of 1908. 5 of 1908.- 9 -Ex-46/2016 20. In section 37 of the principal Act , in sub-section (1), for clauses (a) and (b), the following clauses shall be substituted, namely:— “(a) refusing to refer the parties to ar bitration under section 8; (b) granting or refusing to grant any measur e under section 9; (c ) setting aside or refusing to set a side an arbitra l award under section 34.”. 21. In section 47 of the principal Act, for the Explanation, the following Ex planation shall be substituted, namely:— ‘Expla na tion. —In this section a nd in t he sections following in this Cha pter, “ Court” means the High Court having original jurisdiction to decide the questions forming the subject-matter of the arbitral award if the same had been the subject matter of a suit on its original civil jurisdiction and in other cases, in the High Court having jurisdiction to hear appeals fr om decr ees of courts s ubordinate to such High Cour t.’. 22. In section 48 of the principal Act , for the Explanation to sub-section (2), the following Explanations shall be substituted, namely:-— “Explanation 1. —For the avoidance of any doubt, it is clarified that an awar d is in conflict with the public policy of India, only if,— (i) the making of the award was induced or a ffected by fraud or corruption or was in viola tion of section 75 or section 81; or (ii) it is in contravention with the fu ndamental policy of Indian law; or (iii) it is in conflict with the most basic notions of morality or justice. Explanation 2. —For the avoidance of doubt, the test as to whether there is a cont ravention with the fundamental policy of India n law shall not entail a review on the merits of the dispute.”. 23. In s ection 56 of the principal Act, the Explanation shall be renumbered as Explanation 1 thereof, and after the Explanation 1 as so renumbered, the following Explanation shall be inserted, namely:— ‘Explanation 2. —In this section and in the sections following in this Chapter, “Court” mea ns the High Court having original jur isdiction to decide the quest ions forming the subject -matter of the arbitra l award if the same had been the subject matter of a suit on its or iginal civil jurisdict ion and in other cases, in the High C ourt having jurisdiction to hear appeals from decrees of cour ts subor dinate to such High Court.’. 24. In section 57 of the principal Act, in sub-section (1), for the Explanation, the following Explanations shall be substituted, namely:— “Explanation I. — For the avoidance of any doubt, it is clarified that an awar d is in conflict with the public policy of India, only if,— (i) the making of the award was induced or affected by fra ud or corruption or was in viola tion of section 75 or section 81; or (ii) it is in contravention with the fu ndamental policy of Indian law; or (iii) it is in conflict with the most basic notions of morality or justice. Explanation 2. — For the a voidance of doubt, the test as to whether there is a cont ravention with the fundamental policy of India n law shall not entail a review on the merits of the dispute.”. 25. After the Thir d Schedule to the principal Act, the following new Schedules shall be inserted, namely:— Amendment of section 37. Amendment of section 47. Amendment of section 48. Amendment of section 56. Amendment of section 57. Insertion of new Fourth Schedule, Fifth Schedule, Sixth Schedule and Seventh Sch edule.- 10 - Ex-46/2016 THE FOURTH SCHEDULE [See section 11 (14)] Sum in disputeModel feeUptoRs. Rs. 45,000/- 5,00,000/- Above Rs. 5,00,000/-Rs. 45,000/-plus 3.5 per cent. of the claim amount and upto Rs. 20,00,000/-over and above Rs. 5,00,000/- AboveRs. Rs. 97,500/- plus 3 per cent. 20,00,000/-and of t he claim amount over and uptoRs. above Rs. 20,00,000/- 1,00,00,000/- AboveRs. Rs. 3,37,500/- plus 1 per cent. 1,00,00,000/-and of t he claim amount over and uptoRs. above Rs. 1,00,00,000/- 10,00,00,000/- AboveRs. Rs. 12,37,500/- plus 0.75 per cent 10,00,00,000/-and of t he claim amount over uptoRs. and above Rs. 1,00,00,000/- 20,00,00,000/- AboveRs. Rs. 19,87,500/- plus 0.5 per cent of the claim amount 20,00,00,000/-over and above Rs. 20,00,00,000/- with a ceiling of Rs. 30,00,000/- Not e:— In t h e event , t he a r b it r a l t r ib u na l is a s ole a r b i t r a t or, he s ha l l b e en t it led t o a n additional amount of twenty-five per cent. on the fee payable as per the ta ble set out above. THE FIFTH SCHEDULE [See section 12 (l)(b)] The following gr ounds give r ise to justifiable doubts as to the independence or impartiality of arbitrators : Arbitrator ’s relationship with the parties or counsel 1. The ar bitrator is an employee, consultant, advisor or has any other past or present business relationship with a party. 2. The arbitrator curr ently represent s or advises one of the parties or an affiliate of one of the par ties. 3. The arbitra tor cur rently r epresents the lawyer or law firm act ing as counsel for one of the par ties. 4. The arbitra tor is a lawyer in the same law firm which is representing one of the parties. 5. The arbitra tor is a manager, director or part of the ma nagement, or ha s a similar controlling influence, in an affiliate of one of the par ties if the affiliate is directly involved in the matters in dispute in the arbitration.- 11 -Ex-46/2016 6. The arbitra tor ’s law firm had a previous but terminated involvement in the case without the arbitr ator being involved himself or herself. 7. The arbitrator ’s law firm currently has a significant commercial relationship with one of the parties or an affiliate of one of the parties. 8. The arbitrator regularly advises the appointing party or an affiliate of the appointing party even though neither the arbitra tor nor his or her fir m derives a significant financia l income therefrom. 9. The arbitra tor has a close family relationship with one of the parties and in the ca se of compa nies with the persons in the management and contr olling the company. 10. A close family member of the arbitrator has a significant financial interest in one of the par-ties or an affilia te of one of the parties. 1 l. The arbitrator is a legal representative of an entity that is a party in the arbitration. 12. The arbitra tor is a manager, director or part of the ma nagement, or ha s a similar cont rolling influence in one of t he parties. 13. The arbitra tor has a significant financial interest in one of the par ties or the outcome of the case. 14. The arbitrator regularly advises the appointing party or an affiliate of the appointing party, and the arbitrator or his or her firm derives a significant financial income therefrom. Relationship of t he arbit rator to the dispute 15. The arbitrator has given legal advice or provided an expert opinion on the dispute to a party or an a ffiliate of one of the parties. 16. The arbitra tor has previous involvement in the case. Arbitrator ’s direct or indirect interest in the dispute 17. The arbitrator holds shares, either directly or indirectly, in one of the parties or an a ffiliate of one of the parties that is privately held. 18. A close family member of the arbitrator ha s a significant financial interest in the outcome of t he dispute. 19. T he a r b it r a t or or a clo s e fa mily memb er o f t he a r b it r a t or h a s a clos e r ela t io ns hip with a third party who may be liable to recourse on the part of the unsuccessful party in the dispute. Previous services for one of the parties or other involvement in the case 20. The arbitra tor has within the pa st three years served as counsel for one of the parties or an affiliate of one of the pa rties or has p reviously advised or been cons ulted by the party or an affiliate of the party ma king the appointment in an unrelated matter, but the arbitrator and the party or the affiliate of the party have no ongoing relationship. 21. The arbitra tor has within the pa st three years served as counsel aga inst one of the parties or an affiliate of one of the parties in an unrelated matter. 22. The arbitra tor has within the pa st three years been appointed as ar bitrator on two or more occasions by one of the parties or a n affiliate of one of the parties. 23. The arbitra tor ’s law firm has within the past three years acted for one of the parties or an affiliate of one of the pa rties in an unrelated matter without the involvement of the arbitra tor. 24. The arbitra tor cur rently serves, or has served within the pa st three years, as arbitrator in an-ot her arbitration on a r elated issue involving one of the par ties or a n affiliate of one of the parties.- 12 - Ex-46/2016 Relationship between an arbitrator and another arbitrator or counsel. 25. The arbitrator and another arbitrator are lawyers in the same law firm. 26. T he a r b it r a t o r wa s wi t hin t he p a s t t h r ee yea r s a p a r t n er of or ot her wi s e a ffil ia t ed with, another arbitrator or any of the counsel in the same a rbitration. 27. A la wyer in the arbitrator ’s law firm is a n arbitrator in another dispute involving the same pa rty or parties or an affilia te of one of the parties. 28. A close family member of t he arbit rator is a partner or employee of the law firm representing one of the parties, but is not assisting with the dispute. 29. The arbitra tor ha s within the pa st three year s r eceived more than thr ee appointments by the same counsel or the same law firm. Relationship between arbitrator and party and others involved in the arbitration 30. The arbitra tor ’s la w firm is curr ently acting adverse t o one of the pa rties or an affiliate of one of the parties. 31. The arbitra tor had been a ssociated within the past three years with a party or an affiliate of one of the parties in a professional capacity, such as a former employee or part ner. Other circumstances 32. The arbitra tor holds shar es, either dir ectly or indir ectly, which by reason of number or de-nomination constitute a ma terial holding in one of the parties or an a ffiliate of one of the parties that is publicly listed. 33. The arbitrator holds a position in an arbitration institution with appointing authority over the dispute. 34. The arbitra tor is a manager, director or part of the ma nagement, or ha s a similar cont rolling influence, in an affiliate of one of the parties, where the affiliate is not directly involved in the matters in dispute in the a rbitration.Explanation 1. — The term “ close f amily member” r efers to a spou se, sibling, child, parent or life partner. Explanation 2- The term “affilia te” encompasses all companies in one group of companies including the par ent company. Explanation 3. — For the r emoval of doubts, it is cla rified that it may be the practice in certain specific kinds of arbitration, such a s maritime or commodities arbitration, to dr aw arbitrators from a small, specia lised pool. If in such fields it is the custom and practice for pa rties frequently to appoint the same arbitr ator in different cases, this is a relevant fact to be taken into account while applying the rules set out above. THE SIXTH SCHEDULE [See section 12 (l)(b)] NAME: CONTACT DETAILS: PRIOR EXPERIENCE (INCLUDING EXPERIENCE WITH ARBITRATIONS): NUMBER OF ON-GOING ARBITRATIONS:- 13 -Ex-46/2016 CIRCUMSTANCES DISCLOSING ANY PAST OR PRESENT RELATIONSHIP WITH OR INTEREST IN ANY OF THE PARTIES OR IN RELATION TO THE SUBJECT MATTER IN DISPUTE, WHETHER FINANCIAL, BUSINESS, PROFESSIONAL OR OTHER KIND, WHICH IS LIKELY TO GIVE RISE TO JUST IFIABLE DOUBTS AS TO YOUR INDEPENDENCE OR IMPARTIALITY (LIST OUT): CIRCUMSTANCES WHICH ARE LIKELY TO AFFECT YOUR ABILITY TO DEVOTE SUF-FICIENT TIME TO THE ARBITRATION AND IN PARTICULAR YOUR ABILITY TO FINISH THE ENTIRE ARBITRATION WITHIN TWENTY-FOUR MONTHS AND RENDER AN AWARD WITHIN THREE MONTHS (LIST OUT): .’. THE SEVENTH SCHEDULE [See section 12(5)] Arbitr ator ’s relationship with the par ties or counsel 1. The arbitrator is an employee, consultant, advisor or has any other past or present business relationship with a party. 2. The arbitra tor curr ently represents or advises one of the parties or a n affiliate of one of the parties. 3. The arbitra tor cur rently r epresents the lawyer or law firm act ing as counsel for one of the par ties. 4. The arbitra tor is a lawyer in the same law firm which is representing one of the parties. 5. The arbitra tor is a manager, director or part of the ma nagement, or ha s a similar controlling influence, in an affiliate of one of the par ties if the affiliate is directly involved in the matters in dispute in the arbitration. 6. The arbitra tor ’s law firm had a previous but terminated involvement in the case without the arbitr ator being involved himself or herself. 7. The arbitrator ’s law firm currently has a significant commercial relationship with one of the parties or an affiliate of one of the parties. 8. The arbitrator regularly advises the appointing party or an affiliate of the appointing party even though neither the arbitra tor nor his or her fir m derives a significant financia l income therefrom. 9. The arbitra tor has a close family relationship with one of the parties and in the ca se of compa nies with the persons in the management and contr olling the company. 10. A close family member of the arbitrator has a significant financial interest in one of the parties or an affilia te of one of the parties. 1 l. The arbitrator is a legal representative of an entity that is a party in the arbitration. 12. The arbitra tor is a manager, director or part of the ma nagement, or ha s a similar cont rolling influence in one of t he parties. 13. The arbitra tor has a significant financial interest in one of the par ties or the outcome of the case. 14. The arbitrator regularly advises the appointing party or an affiliate of the appointing party, and the arbitrator or his or her firm derives a significant financial income therefrom.- 14 - Ex-46/2016 Relationship of t he arbit rator to the dispute 15. The arbitrator has given legal advice or provided an expert opinion on the dispute to a party or an affiliate of one of the parties. 16. The arbitra tor has previous involvement in the case. Arbitrator ’s direct or indirect interest in the dispute 17. The arbitrator holds shares, either directly or indirectly, in one of the parties or an a ffiliate of one of the parties that is privately held. 18. A close family member of the arbitrator ha s a significant financial interest in the outcome of t he dispute. 19. T he a r b it r a t or or a clo s e fa mily memb er o f t he a r b it r a t or h a s a clos e r ela t io ns hip with a third party who may be liable to recourse on the part of the unsuccessful party in the dispute.Explanation 1. — The term “ close f amily member” r efers to a spou se, sibling, child, parent or life partner. Explanation 2. — T he term “ affiliat e” encompasses all companies , in one group of companies including the parent company. Explanation 3. — For the r emoval of doubts, it is cla rified that it may be the practice in certain specific kinds of arbitration, such a s maritime or commodities arbitration, to dr aw arbitrators from a small, specia lised pool. If in such fields it is the custom and practice for pa rties frequently to appoint the same arbitr ator in different cases, this is a relevant fact to be taken into account while applying the r ules set out above.’.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50PRANAB MUKHERJEE, P resident . DR. G. NARAYANA RAJU, Secr etary to the Govt. of India. - 15 -Ex-46/2016

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Wednesday 2.3.2016 Phalguna 12, S.E. 1937, Issue No. 47 NOTIFICATIONNo.G.11022/17/2016-FMC, the 17th February, 2016.In pursuance of the recommendation of the 14th Finance Commission, the Governor of Mizoram is pleased to constitute a High Level Monitoring Committee for a term of five yea rs from 2015-2 016 to 2019-2020 cons isting of the following members: Chairman:Chief Secretary Vice Chairman :Finance Commissioner Members: 1.Secr etary, Finance Depart ment 2.Secretary, Disaster Management & Rehabilitation 3.Secr etary, Urban Development & P overty Allevia tion 4.Secr etary, Planning and Implementation Department 5.Additional Secretar y, Fina nce Department (Budget/EA) 6.Director, Disaster Management & Rehabilitation 7.Director, Urban Development & Poverty Alleviation 8.Additiona l S ecretar y, Finance Depa rtment (FC&MC) as Member Secretary The terms of reference for the High Level Monitor ing Committee a re as under: 1.Appr oval of all pr ojects/work items under the 14th Finance Commission awards to be underta ken, quantifying the tar gets both in physical and fina ncial terms la ying down specific time period for achieving the targets. 2.Monitoring both financial a nd phys ical progress a nd targets and ensuring adherence to the specific conditionalities in respect of each gr ant, wherever applica ble. 3.The committee should meet at least once every quarter to review the utiliza tion of the grants and to issue directions for mid-course correction, if considered necessary. L. N. Tochhawng, Fina nce Commissioner, Government of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Wednesday 2.3.2016 Phalguna 12, S.E. 1937, Issue No. 48 DEED OF CHANGING NAME ON AFFIDAVITBY THIS DEED I the undersigned H. Biakmuana (new name),aged about 27 years,S/o Dalkama, a bona fide citizen of India by birth, perma nent resident ofHria nghmun, Champha i Distr ict, Mizor am, do hereby solemnly affir m and state as follows :- 1.That I wholly renounce, relinquish and abandon the use of my former name Pausuanmunga and in p lace thereof, do assume from the date hereof the name of H.Biakmua na and so that I may hereafter be called, known and distinguished not by my former name ofPausuanmunga, but my assume name of H.Biakmuana. 2.That for the purpose of evidencing such my determination I declare that 1 shall at all times hereafter in a ll records, deeds and writings and in all pr oceedings, dea lings and transactions of private as well as p ublic a nd upon all occasions whatsoever use and sign the name ofH.Biakmua na a s my name in p lace of and in substit ute for my former name of Pausuanmunga. 3.That I expressly authorize and request all persons at all times hereaft er to designate and address me such assumed surname of H.Biakmuanaaccor dingly. IN WITNESS WHEREOF I have hereunto subscribed my hand and sign this the 3rd day of March,2015 Sd/- DEPONENT Identified by :Signed before me: Sd/-Sd/- LalbiakkimaJudicial Magistrate 1st Class AdvocateAizawl Judicial District Aizawl : MizoramMizoram : AizawlPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Wednesday 2.3.2016 Phalguna 12, S.E. 1937, Issue No. 49 BEFORE THE FIRST CLASS JUDICIAL MAGISTRATE AT ALIPOREAFFIDAVITI, Sam Bahadur Biswakarma, son of Sant Bahadur @ Santa Bahadur Biswakarma, aged about 45 years, by religion Hindu, by Occupation Service, residing at 24, Old Ballygunge Road, Kolkata-700019, P.S. Ballygunge, do hereby solemnly affirm and state as follows :- 1.That I am Indian and permanent resident of West Bengal. 2.That my name is recorded a s Sam Ba hadur Biswakarma in my Voter Identity card being No. WB/ 23/146/189189 issued by Election Commission of India. 3.That my name is recorded as Som Bahadur in my Ration Card being No. 367181 issued by Rationing authority, West Bengal and in my S ervice Book Record. 4.That Sam Ba hadur Biswakarma and S om Bahadur is the same and one identical person. 5.That I am swearing this affidavit to recor d my na me everywhere as Sam Ba hadur Biswakarma in place of Som Bahadur. That the statements made above a re all true to my knowledge and belief. Sd/- DEPONENT Identified by me : Sd/- AdvocatePublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50