- PB - - 1 - NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019:The following Act is hereby re-published for general information. The Constitution (One hundred and Second Amendment) Act, 2018 Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 09 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. The Constitution (One hundred and Second Amendment) Act, 2018 Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 09 THE CONSTITUTION (ONE HUNDRED AND SECOND AMENDMENT) ACT, 2018 [11th August, 2018.] An Act further to amend the Constitution of India. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. (1 ) This Act may be called the Constitution (One Hundred and Second Amendment) Act, 2018. (2 ) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In article 338 of the Constitution, in clause (10), the words, bracket\ s and figures "to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also" \ shall be omitted. Short title and commencement. Amendment of article 338. jftLVªh lañ Mhñ ,yñ—( ,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 34] ubZ f\bYyh] 'kfuokj] vxLr 11] 2018@ Jko.k 20] 1940 ¼'kd½ No. 34] NEW DELHI, SA TURDAY, AUGUST 11, 2018/SHRAVANA 20, 1940 (SAKA) bl Hkkx esa fHkUu i\a`"B la[;k \bh tkrh g\aS ftlls fd ;g vyx \aladyu ds :i esa j[k\ak tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 11th August, 2018/Shravana 20, 1940 ( Saka) The following Act of Parliament received the assent of the President on the 11th August, 2018, and is hereby published for general information:— Ex-09/2019 - 2 - - 3 - 2THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— 3. After article 338A of the Constitution, the following article shall be inserted, namely:—\ “338B. (1) There shall be a Commission for the socially and educati\ onally backward classes to be known as the National Commission for Backward Cla\ sses. (2) Subject to the provisions of any law made in this behalf by Parlia\ ment, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rul\ e determine. (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. (4) The Commission shall have the power to regulate its own procedure.\ (5) It shall be the duty of the Commission—(a) to investigate and monitor all matters relating to the safeguards \ provided for the socially and educationally backward classes under this Constitut\ ion or under any other law for the time being in force or under any order of th\ e Government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes\ ; (c) to participate and advise on the socio-economic development of the socially and educationally backward classes and to evaluate the progress\ of their development under the Union and any State; (d) to present to the President, annually and at such other times as \ the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports the recommendations as to the measures tha\ t should be taken by the Union or any State for the effective implementati\ on of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes; and (f ) to discharge such other functions in relation to the protection,\ welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify. (6) The President shall cause all such reports to be laid before each \ House of Parliament along with a memorandum explaining the action taken or propos\ ed to be taken on the recommendations relating to the Union and the reasons for t\ he non-acceptance, if any, of any of such recommendations. (7) Where any such report, or any part thereof, relates to any matter \ with which any State Government is concerned, a copy of such report shall be forwar\ ded to the State Government which shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be ta\ ken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. (8) The Commission shall, while investigating any matter referred to i\ n sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), National Commission for Backward Classes. Insertion of new article 338B. Ex-09/2019 - 2 - - 3 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 3 Insertion of new article 342 A. have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person from any part\ of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or\ office; (e) issuing commissions for the examination of witnesses and document\ s; (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission \ on all major policy matters affecting the socially and educationally backward classes.". 4. After article 342 of the Constitution, the following article shall be inserted, namely:— "342A. (1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes which shall for \ the purposes of this Constitution be deemed to be socially and educationally backward\ classes in relation to that State or Union territory, as the case may be. (2) Parliament may by law include in or exclude from the Central List of socially and educationally backward classes specified in a notification issued un\ der clause (1) any socially and educationally backward class, but save as aforesaid a n\ otification issued under the said clause shall not be varied by any subsequent notif\ ication.". 5. In article 366 of the Constitution, after clause (26B), the following clause shall be inserted, namely:— ‘(26C) "socially and educationally backward classes" means such bac\ kward classes as are so deemed under article 342A for the purposes of this Constitution;’. Socially and educationally backward classes. Amendment of article 366. MGIPMRND—1643GI(S3)—11-08-2018. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DEL\ HI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. ———— DR . G. NARAYANA RAJU, Secretary to the Govt. of India. MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.08.11 18:36:06 +05'30' NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. The Constitution (One hundred and Second Amendment) Act, 2018 Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 09 Ex-09/2019

- PB - - 1 - NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019:The following Act is hereby re-published for general information. ‘The Prevention of Corruption (Amendment) Act, 2018’ (Act No. 1 6 of 2018) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 10 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Prevention of Corruption (Amendment) Act, 2018’ (Act No. 1 6 of 2018) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 10 Short title and commencement. THE PREVENTION OF CORRUPTION (AMENDMENT) ACT, 2018 NO. 16 OF 2018 [26 th July, 2018.] An Act further to amend the Prevention of Corruption Act, 1988. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. (1 ) This Act may be called the Prevention of Corruption (Amendment) Act, 2018. ( 2 ) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2.In the Prevention of Corruption Act, 1988 (hereinafter referred to as the principal Act), in section 2,— (i) after clause ( a), the following clause shall be inserted, namely:— ‘( aa ) ‘‘prescribed’’ means prescribed by rules made under this Act and the expression ‘‘prescribe’’ shall be construed accordingly;’; ( ii ) after clause ( c), the following clause shall be inserted, namely:— ‘( d) “undue advantage” means any gratification whatever, other than legal remuneration. Explanation.—For the purposes of this clause,— (a ) the word “gratification” is not limited to pecuniary gratificat\ ions or to gratifications estimable in money; Amendment of section 2. 49 of 1988. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 28] ubZ fnYyh] c`gLifrokj] tqykbZ 26] 2018@ Jko.k 4] 1940 ¼'kd½ No. 28] NEW DELHI, THURSDAY, JULY 26, 2018/SHRAVANA 4, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa \ j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 26th July, 2018/Shravana 4,1940 ( Saka) The following Act of Parliament received the assent of the President on the 26th July, 2018, and is hereby published for general information:— NOTIFICATION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Prevention of Corruption (Amendment) Act, 2018’ (Act No. 1 6 of 2018) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 10 Ex-10/2019 - 2 - - 3 - 2THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (b ) the expression “legal remuneration” is not restricted to remune\ ration paid to a public servant, but includes all remuneration which he is perm\ itted by the Government or the organisation, which he serves, to receive.’. 3. In section 4 of the principal Act, for sub-section ( 4), the following sub-section shall be substituted, namely:— “(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the trial of an offence shall be held, as far as practicable, on d\ ay-to-day basis and an endeavour shall be made to ensure that the said trial is concluded within a period of two years: Provided that where the trial is not concluded within the said period, the special Judge shall record the reasons for not having done so: Provided further that the said period may be extended by such further period, for reasons to be recorded in writing but not exceeding six months at a time\ ; so, however, that the said period together with such extended period shall not exceed\ ordinarily four years in aggregate.’’. 4. For sections 7, 8, 9 and 10 of the principal Act, the following sections shall be substituted, namely:— ‘‘7. Any public servant who,—(a ) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention to perform or cause performance of public \ duty improperly or dishonestly or to forbear or cause forbearance to perform \ such duty either by himself or by another public servant; or (b ) obtains or accepts or attempts to obtain, an undue advantage from any\ person as a reward for the improper or dishonest performance of a public duty or for forbearing to perform such duty either by himself or another public \ servant; or (c ) performs or induces another public servant to perform improperly or dishonestly a public duty or to forbear performance of such duty in anticipation of or in consequence of accepting an undue advantage from any person, shall be punishable with imprisonment for a term which shall not be less\ than three years but which may extend to seven years and shall also be liable to fine. Explanation 1. —For the purpose of this section, the obtaining, accepting, or the attempting to obtain an undue advantage shall itself constitute an offence even if the performance of a public duty by public servant, is not or has not be\ en improper. Illustration.— A public servant, ‘S’ asks a person, ‘P’ to give him an amou\ nt of five thousand rupees to process his routine ration card application on t\ ime. 'S' is guilty of an offence under this section. Explanation 2.— For the purpose of this section,— ( i) the expressions “obtains” or “accepts” or “attempts to\ obtain” shall cover cases where a person being a public servant, obtains or “accept\ s” or attempts to obtain, any undue advantage for himself or for another perso\ n, by abusing his position as a public servant or by using his personal influe\ nce over another public servant; or by any other corrupt or illegal means; (ii ) it shall be immaterial whether such person being a public servant obtains or accepts, or attempts to obtain the undue advantage directly o\ r through a third party. Amendment of section 4. Substitution of new sections for sections 7, 8, 9 and 10. Offence relating to public servant being bribed. 2 of 1974. Ex-10/2019 - 2 - - 3 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 3 ‘‘7A. Whoever accepts or obtains or attempts to obtain from another person for\ himself or for any other person any undue advantage as a motive or reward to induce a public servant, by corrupt or illegal means or by exercise of his personal influence to perform or to cause performance of a public duty improperly or dishonest\ ly or to forbear or to cause to forbear such public duty by such public servant or by another public servant, shall be punishable with imprisonment for a term which shall no\ t be less than three years but which may extend to seven years and shall also be liable to fine. 8. ( 1) Any person who gives or promises to give an undue advantage to another person or persons, with intention— (i) to induce a public servant to perform improperly a public duty; or ( ii ) to reward such public servant for the improper performance of public duty; shall be punishable with imprisonment for a term which may extend to seven years or with fine or with both: Provided that the provisions of this section shall not apply where a per\ son is compelled to give such undue advantage: Provided further that the person so compelled shall report the matter to the law enforcement authority or investigating agency within a period of seven d\ ays from the date of giving such undue advantage: Provided also that when the offence under this section has been committeed by commercial organisation, such commercial organisation shall be punishabl\ e with fine. Illustration.— A person, ‘P’ gives a public servant, ‘S’ an amount of ten thousand rupees to ensure that he is granted a license, over all the other bidder\ s. ‘P’ is guilty of an offence under this sub-section. Explanation.—It shall be immaterial whether the person to whom an undue advantage is given or promised to be given is the same person as the person who is to perform, or has performed, the public duty concerned, and, it shall also be immaterial w\ hether such undue advantage is given or promised to be given by the person directly or through a third party. (2 ) Nothing in sub-section ( 1) shall apply to a person, if that person, after informing a law enforcement authority or investigating agency, gives or promises to give any undue advantage to another person in order to assist such law enforcement auth\ ority or investigating agency in its investigation of the offence alleged against the later. 9.(1 ) Where an offence under this Act has been committed by a commercial organisation, such organisation shall be punishable with fine, if any person associated with such commercial organisation gives or promises to give any undue advantage to a public servant intending— (a ) to obtain or retain business for such commercial organisation; or ( b ) to obtain or retain an advantage in the conduct of business for such commercial organisation: Provided that it shall be a defence for the commercial organisation to prove that it had in place adequate procedures in compliance of such guidelines as may be prescribed to prevent persons associated with it from undertaking such conduct. (2 ) For the purposes of this section, a person is said to give or promise to give any undue advantage to a public servant, if he is alleged to have committed the offence under section 8, whether or not such person has been prosecuted for such offen\ ce. (3 ) For the purposes of section 8 and this section,— (a ) “commercial organisation” means— (i) a body which is incorporated in India and which carries on a business, whether in India or outside India; Offence relating to bribing a public servant by a commercial organisation. Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence. Offence relating to bribing of a public servant. Ex-10/2019 - 4 - - 5 - 4THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (ii ) any other body which is incorporated outside India and which carries on a business, or part of a business, in any part of India; (iii ) a partnership firm or any association of persons formed in India and which carries on a business whether in India or outside India; or (iv ) any other partnership or association of persons which is formed outside India and which carries on a business, or part of a business, in any part of India; ( b ) “business” includes a trade or profession or providing service; ( c ) a person is said to be associated with the commercial organisation, if such person performs services for or on behalf of the commercial organis\ ation irrespective of any promise to give or giving of any undue advantage whi\ ch constitutes an offence under sub-section ( 1). Explanation 1 .—The capacity in which the person performs services for or on behalf of the commercial organisation shall not matter irrespective of whether such person is employee or agent or subsidiary of such commercial organisatio\ n. Explanation 2 .—Whether or not the person is a person who performs services for or on behalf of the commercial organisation is to be determined by r\ eference to all the relevant circumstances and not merely by reference to the nature of \ the relationship between such person and the commercial organisation. Explanation 3.—If the person is an employee of the commercial organisation, it shall be presumed unless the contrary is proved that such person is a person who has performed services for or on behalf of the commercial organisation. (4 ) Notwithstanding anything contained in the Code of Criminal Procedure,\ 1973, the offence under sections 7A, 8 and this section shall be cognizable. (5)The Central Government shall, in consultation with the concerned stakeholders including departments and with a view to preventing persons\ associated with commercial organisations from bribing any person, being a public se\ rvant, prescribe such guidelines as may be considered necessary which can be put in place\ for compliance by such organisations. 10. Where an offence under section 9 is committed by a commercial organisation, and such offence is proved in the court to have been committed with the \ consent or connivance of any director, manager, secretary or other officer shall be of the commercial organisation, such director, manager, secretary or other officer shall be guilty of the offence and shall be liable to be proceeded against and shall be punisha\ ble with imprisonment for a term which shall not be less than three years but whi\ ch may extend to seven years and shall also be liable to fine. Explanation .—For the purposes of this section, ‘‘director’’, in relation to a firm means a partner in the firm.’’. 5. In section 11 of the principal Act,— (i) in the marginal heading, for the words ‘‘valuable thing’’, the words ‘‘undue advantage’’ shall be substituted; (ii ) the words ‘‘or agrees to accept’’ shall be omitted; ( iii ) for the words ‘‘valuable thing’’, the words ‘‘undue advantage’’ shall be substituted; (iv ) for the words ‘‘official functions’’, the words ‘‘official functions or public duty’’ shall be substituted. 6. For section 12 of the principal Act, the following section shall be substituted, namely:— Person in charge of commercial organisation to be guilty of offence. Amendment of section 11. Substitution of new section for section 12. 2 of 1974. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 “12. Whoever abets any offence punishable under this Act, whether or not that offence is committed in consequence of that abetment, shall be punishabl\ e with imprisonment for a term which shall be not less than three years, but wh\ ich may extend to seven years and shall also be liable to fine.”. 7. In section 13 of the principal Act, for sub-section ( 1), the following shall be substituted, namely:— “(1) A public servant is said to commit the offence of criminal misconduct,— (a ) if he dishonestly or fraudulently misappropriates or otherwise conver\ ts for his own use any property entrusted to him or any property under his control as a public servant or allows any other person so to do; or (b ) if he intentionally enriches himself illicitly during the period of his office. Explanation 1 .—A person shall be presumed to have intentionally enriched himself illicitly if he or any person on his behalf, is in possession of or has, at any time during the period of his office, been in possession of pecuniary resources or property disproportionate to his known sources of income which the public servant cannot satisfactorily account for. Explanation 2.—The expression ‘‘known sources of income’’ means income received from any lawful sources.”. 8.For section 14 of the principal Act, the following section shall be substituted, namely:— “14. Whoever convicted of an offence under this Act subsequently commits an offence punishable under this Act, shall be punishable with imprisonment for a term which shall be not less than five years but which may extend to ten year\ s and shall also be liable to fine.”. 9. In section 15 of the principal Act, for the words, brackets and letters “clause ( c) or clause ( d)”, the word, brackets, and letter “clause ( a)” shall be substituted. 10. In section 16 of the principal Act,— (a ) for the words, brackets and figures, “sub-section ( 2) of section 13 or section 14”, the words, figures and brackets “section 7 or section\ 8 or section 9 or section 10 or section 11 or sub-section ( 2) of section 13 or section 14 or section 15” shall be substituted; (b ) for the word, brackets and letter “clause ( e)”, the word, brackets and letter “clause ( b)” shall be substituted. 11. In section 17 of the principal Act, in the second proviso, for the words, brackets, letter and figure “clause ( e) of sub-section ( 1)”, the words, brackets, letter and figure “clause ( b) of sub-section ( 1)” shall be substituted. 12. After section 17 of the principal Act, the following section shall be inserted, namely:— “17A. (1) No police officer shall conduct any enquiry or inquiry or investigati\ on into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval— (a ) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affai\ rs of the Union, of that Government; (b ) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affai\ rs of a State, of that Government; Substitution of new section for section 14. Amendment of section 15. Punishment for habitual offender. Amendment of section 16. Amendment of section 17. Insertion of new section 17A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties. Punishment for abetment of offences. Amendment of section 13. Ex-10/2019 - 4 - - 5 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 5 “12. Whoever abets any offence punishable under this Act, whether or not that offence is committed in consequence of that abetment, shall be punishabl\ e with imprisonment for a term which shall be not less than three years, but wh\ ich may extend to seven years and shall also be liable to fine.”. 7. In section 13 of the principal Act, for sub-section ( 1), the following shall be substituted, namely:— “(1) A public servant is said to commit the offence of criminal misconduct,— (a ) if he dishonestly or fraudulently misappropriates or otherwise conver\ ts for his own use any property entrusted to him or any property under his control as a public servant or allows any other person so to do; or (b ) if he intentionally enriches himself illicitly during the period of his office. Explanation 1 .—A person shall be presumed to have intentionally enriched himself illicitly if he or any person on his behalf, is in possession of or has, at any time during the period of his office, been in possession of pecuniary resources or property disproportionate to his known sources of income which the public servant cannot satisfactorily account for. Explanation 2.—The expression ‘‘known sources of income’’ means income received from any lawful sources.”. 8.For section 14 of the principal Act, the following section shall be substituted, namely:— “14. Whoever convicted of an offence under this Act subsequently commits an offence punishable under this Act, shall be punishable with imprisonment for a term which shall be not less than five years but which may extend to ten year\ s and shall also be liable to fine.”. 9. In section 15 of the principal Act, for the words, brackets and letters “clause ( c) or clause ( d)”, the word, brackets, and letter “clause ( a)” shall be substituted. 10. In section 16 of the principal Act,— (a ) for the words, brackets and figures, “sub-section ( 2) of section 13 or section 14”, the words, figures and brackets “section 7 or section\ 8 or section 9 or section 10 or section 11 or sub-section ( 2) of section 13 or section 14 or section 15” shall be substituted; (b ) for the word, brackets and letter “clause ( e)”, the word, brackets and letter “clause ( b)” shall be substituted. 11. In section 17 of the principal Act, in the second proviso, for the words, brackets, letter and figure “clause ( e) of sub-section ( 1)”, the words, brackets, letter and figure “clause ( b) of sub-section ( 1)” shall be substituted. 12. After section 17 of the principal Act, the following section shall be inserted, namely:— “17A. (1) No police officer shall conduct any enquiry or inquiry or investigati\ on into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval— (a ) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affai\ rs of the Union, of that Government; (b ) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affai\ rs of a State, of that Government; Substitution of new section for section 14. Amendment of section 15. Punishment for habitual offender. Amendment of section 16. Amendment of section 17. Insertion of new section 17A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties. Punishment for abetment of offences. Amendment of section 13. Ex-10/2019 - 6 - - 7 - 6THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (c ) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have be\ en committed: Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person: Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month.’’. 13.After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:— ‘CHAPTER IV A A TTACHMENT ANDFORFEITURE OFPROPERTY 18A. ( 1) Save as otherwise provided under the Prevention of Money Laundering Act, 2002, the provisions of the Criminal Law Amendment Ordinance, 1944 shall, as far as may be, apply to the attachment, administration of attached property and execution of order of attachment or confiscation of money or property procured by \ means of an offence under this Act. (2 ) For the purposes of this Act, the provisions of the Criminal Law Amendment Ordinance, 1944 shall have effect, subject to the modification that the references to “District Judge” shall be construed as references to “Special Judge”.’. 14. In section 19 of the principal Act, in sub-section ( 1),— ( i) for the words and figures “sections 7, 10, 11, 13 and 15”, the words and figures "sections 7, 11, 13 and 15" shall be substituted; (ii ) in clause ( a), for the words "who is employed", the words “who is employed, or as the case may be, was at the time of commission of the alleged offe\ nce employed” shall be substituted; (iii ) in clause ( b), for the words “who is employed”, the words “who is employed\ , or as the case may be, was at the time of commission of the alleged offe\ nce employed” shall be substituted; (iv ) after clause ( c), the following shall be inserted, namely:— “Provided that no request can be made, by a person other than a police officer or an officer of an investigation agency or other law enforcement authority, to the appropriate Government or competent authority, as the case may be, for the previous sanction of such Government or authority for taking cogniza\ nce by the court of any of the offences specified in this sub-section, unless—\ (i) such person has filed a complaint in a competent court about the alleged offences for which the public servant is sought to be prosecuted; and (ii ) the court has not dismissed the complaint under section 203 of the Code of Criminal Procedure, 1973 and directed the complainant to obtain the sanction for prosecution against the public servant for furth\ er proceeding: Provided further that in the case of request from the person other than a police officer or an officer of an investigation agency or other law enforcement authority, the appropriate Government or competent authority shall not accord sanction to prosecute a public servant without providing an opportunity of being heard to the concerned public servant: Provided also that the appropriate Government or any competent authority\ shall, after the receipt of the proposal requiring sanction for prosecution of \ a public servant under this sub-section, endeavour to convey the decision on such proposa\ l within a period of three months from the date of its receipt: Insertion of new Chapter I VA . 15 of 2003. Ord. 38 of 1944.Ord. 38 of 1944. Amendment of section 19. Provisions of Criminal Law Amendment Ordinance, 1944 to apply to attachment under this Act. 2 of 1974. SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 7 Provided also that in case where, for the purpose of grant of sanction for prosecution, legal consultation is required, such period may, for the reasons to be recorded in writing, be extended by a further period of one month: Provided also that the Central Government may, for the purpose of sanction for prosecution of a public servant, presecribe such guidelines as it consid\ ers necessary. Explanation.—For the purposes of sub-section ( 1), the expression "public servant" includes such person— (a ) who has ceased to hold the office during which the offence is alleged to have been committed; or (b ) who has ceased to hold the office during which the offence is alleged to have been committed and is holding an office other than the office during which th\ e offence is alleged to have been committed.". 15. For section 20 of the principal Act, the following section shall be substituted, namely:— ‘‘20. Where, in any trial of an offence punishable under section 7 or under section 11, it is proved that a public servant accused of an offence has accepted or obtained or attempted to obtain for himself, or for any other person, any undue advantage from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or attempted to obtain that undue advantage, as a motive or reward under section 7 for performing or to cause performance of a publi\ c duty improperly or dishonestly either by himself or by another public servant\ or, as the case may be, any undue advantage without consideration or for a consideration which he knows to be inadequate under section 11.". 16. In section 23 of the principal Act,— (a ) in the marginal heading, for the word, figures, brackets and letter “section 13 (1 ) (c)”, the word, figures, brackets and letter “section 13 ( 1) ( A)” shall be substituted; (b ) for the word, brackets and letter “clause ( c)”, the word, brackets and letter “clause ( a)” shall be substituted. 17. Section 24 of the principal Act shall be omitted. 18. After section 29 of the principal Act, the following section shall be inserted, namely:— "29A. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2 ) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a ) guidelines which can be put in place by commercial organisation under\ section 9;". (b ) guidelines for sanction of prosecution under sub-section (1 ) of section 19;". (c ) any other matter which is required to be, or may be, prescribed. ( 3 ) Every rule made under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a tot\ al period of thirty days which may be comprised in one session or in two or more successive \ sessions, and if, before the expiry of the session immediately following the sessi\ on or the successive sessions aforesaid, both Houses agree in making any modificat\ ion in the Substitution of new section for section 20. Presumption where public servant accepts any undue advantage. Amendment of section 23. Omission of section 24. Insertion of new section 29A. Power to make rules. Ex-10/2019 - 6 - - 7 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 7 Provided also that in case where, for the purpose of grant of sanction for prosecution, legal consultation is required, such period may, for the reasons to be recorded in writing, be extended by a further period of one month: Provided also that the Central Government may, for the purpose of sanction for prosecution of a public servant, presecribe such guidelines as it consid\ ers necessary. Explanation.—For the purposes of sub-section ( 1), the expression "public servant" includes such person— (a ) who has ceased to hold the office during which the offence is alleged to have been committed; or (b ) who has ceased to hold the office during which the offence is alleged to have been committed and is holding an office other than the office during which th\ e offence is alleged to have been committed.". 15. For section 20 of the principal Act, the following section shall be substituted, namely:— ‘‘20. Where, in any trial of an offence punishable under section 7 or under section 11, it is proved that a public servant accused of an offence has accepted or obtained or attempted to obtain for himself, or for any other person, any undue advantage from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or attempted to obtain that undue advantage, as a motive or reward under section 7 for performing or to cause performance of a publi\ c duty improperly or dishonestly either by himself or by another public servant\ or, as the case may be, any undue advantage without consideration or for a consideration which he knows to be inadequate under section 11.". 16. In section 23 of the principal Act,— (a ) in the marginal heading, for the word, figures, brackets and letter “section 13 (1 ) (c)”, the word, figures, brackets and letter “section 13 ( 1) ( A)” shall be substituted; (b ) for the word, brackets and letter “clause ( c)”, the word, brackets and letter “clause ( a)” shall be substituted. 17. Section 24 of the principal Act shall be omitted. 18. After section 29 of the principal Act, the following section shall be inserted, namely:— "29A. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2 ) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a ) guidelines which can be put in place by commercial organisation under\ section 9;". (b ) guidelines for sanction of prosecution under sub-section (1 ) of section 19;". (c ) any other matter which is required to be, or may be, prescribed. ( 3 ) Every rule made under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a tot\ al period of thirty days which may be comprised in one session or in two or more successive \ sessions, and if, before the expiry of the session immediately following the sessi\ on or the successive sessions aforesaid, both Houses agree in making any modificat\ ion in the Substitution of new section for section 20. Presumption where public servant accepts any undue advantage. Amendment of section 23. Omission of section 24. Insertion of new section 29A. Power to make rules. Ex-10/2019 - 8 - - PB - rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.”. 19.In the Prevention of Money Laundering Act, 2002, in Part A of the Schedule, for Paragraph 8, the following Paragraph shall be substituted, namely:— “PARAGRAPH 8 O FFENCES UNDERTHE PREVENTION OF CORRUPTION ACT, 1988 (49 OF 1988) Section Description of offence. 7. Offence relating to public servant being bribed. 7A. Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence. 8. Offence relating to bribing a public servant. 9. Offence relating to bribing a public servant by a commercial organisatio\ n. 10. Person in charge of commercial organisation to be guilty of offence. 11. Public servant obtaining undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant. 12. Punishment for abetment of offences. 13. Criminal misconduct by a public servant. 14. Punishment for habitual offender.”. ———— DR . G. NARAYANA RAJU, Secretary to the Govt. of India. Amendment of Act 15 of 2003. GMGIPMRND—1063GI(S3)—26-07-2018. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DEL\ HI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. 8 THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— S EC. 1] MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.07.26 21:22:06 +05'30' NOTIFICATION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Prevention of Corruption (Amendment) Act, 2018’ (Act No. 1 6 of 2018) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 10 Ex-10/2019

- PB - - 1 - THE FUGITIVE ECONOMIC OFFENDERS ACT, 2018 NO. 17 OF 2018 [31st July, 2018.] An Act to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to preserve the sanctity of the rule of law in India and for matters con\ nected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— CHAPTER I P RELIMINARY 1. (1 ) This Act may be called the Fugitive Economic Offenders Act, 2018. ( 2 ) It extends to the whole of India. ( 3 ) It shall be deemed to have come into force on the 21st day of April, 2018. Short title, extent and commencement. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 29] ubZ fnYyh] cq/kokj] vxLr 1] 2018@ Jko.k 10] 1940 ¼'kd½ No. 29] NEW DELHI, WEDNESDAY, AUGUST 1, 2018/SHRAVANA 10, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa \ j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 1st August, 2018/Shravana 10,1940 ( Saka) The following Act of Parliament received the assent of the President on the 31st July, 2018, and is hereby published for general information:— THE FUGITIVE ECONOMIC OFFENDERS ACT, 2018 N O. 17 OF 2018 [31st July, 2018.] An Act to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to preserve the sanctity of the rule of law in India and for matters con\ nected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— CHAPTER I P RELIMINARY 1. (1 ) This Act may be called the Fugitive Economic Offenders Act, 2018. ( 2 ) It extends to the whole of India. ( 3 ) It shall be deemed to have come into force on the 21st day of April, 2018. Short title, extent and commencement. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 29] ubZ fnYyh] cq/kokj] vxLr 1] 2018@ Jko.k 10] 1940 ¼'kd½ No. 29] NEW DELHI, WEDNESDAY, AUGUST 1, 2018/SHRAVANA 10, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa \ j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 1st August, 2018/Shravana 10,1940 ( Saka) The following Act of Parliament received the assent of the President on the 31st July, 2018, and is hereby published for general information:— NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Fugitive Economic Offenders Act, 2018’ (Act No. 17 of 2018 ) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.1. 2019 Pausha 20, S.E. 1940, Issue No. 11 to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to\ preserve the sanctity of the rule of law in India and for matters connected therewith or incidental thereto. NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Fugitive Economic Offenders Act, 2018’ (Act No. 17 of 2018 ) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.1. 2019 Pausha 20, S.E. 1940, Issue No. 11 to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to\ preserve the sanctity of the rule of law in India and for matters connected therewith or incidental thereto. NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Fugitive Economic Offenders Act, 2018’ (Act No. 17 of 2018 ) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.1. 2019 Pausha 20, S.E. 1940, Issue No. 11 to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to\ preserve the sanctity of the rule of law in India and for matters connected therewith or incidental thereto. Ex-11/2019 - 2 - - 3 - 2THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— 2. (1 ) In this Act, unless the context otherwise requires,–– (a ) “Administrator” means an Administrator appointed under sub-section (1 ) of section 15; (b ) “benami property” and “benami transaction” shall have the\ same meanings as assigned to them under clauses ( 8) and ( 9) respectively of section 2 of the Prohibition of Benami Property Transactions Act, 1988; (c ) “contracting State” means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise; (d ) “Deputy Director” means the Deputy Director appointed under sub-section ( 1) of section 49 of the Prevention of Money-laundering Act, 2002; ( e ) “Director” means the Director appointed under sub-section ( 1) of section 49 of the Prevention of Money-laundering Act, 2002; (f) “fugitive economic offender” means any individual against whom \ a warrant for arrest in relation to a Scheduled Offence has been issued by any Court in India, who— (i) has left India so as to avoid criminal prosecution; or ( ii ) being abroad, refuses to return to India to face criminal prosecution; ( g ) “key managerial personnel” shall have the same meaning as assigned to it in clause ( 51) of section 2 of the Companies Act, 2013; ( h ) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (i) “person” includes— (i) an individual; ( ii ) a Hindu Undivided Family; ( iii ) a company; ( iv ) a trust; ( v ) a partnership; ( vi ) a limited liability partnership; ( vii ) an association of persons or a body of individuals, whether incorporated or not; (viii ) every artificial juridical person not falling within any of the preceding sub-clauses; and (ix ) any agency, office or branch owned or controlled by any of the above persons mentioned in the preceding sub-clauses; ( j) “prescribed” means prescribed by rules made under this Act; ( k ) “proceeds of crime” means any property derived or obtained, dir\ ectly or indirectly, by any person as a result of criminal activity relating to a Scheduled Offence, or the value of any such property, or where such property is taken or held outside the country, then the property equivalent in value held within the country or abroa\ d; (l) “Schedule” means the Schedule appended to this Act; ( m ) “Scheduled Offence” means an offence specified in the Schedule, if the total value involved in such offence or offences is one hundred crore rupees o\ r more; (n ) “Special Court” means a Court of Session designated as a Specia\ l Court under sub-section ( 1) of section 43 of the Prevention of Money-laundering Act, 2002. Definitions. 15 of 2003. 15 of 2003.18 of 2013. 15 of 2003. 45 of 1988. Ex-11/2019 - 2 - - 3 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 3 (2) The words and expressions used and not defined in this Act but defined in the Prevention of Money-laundering Act, 2002 shall have the meanings respectively assigned to them in that Act. 3. The provisions of this Act shall apply to any individual who is, or becomes, a fugitive economic offender on or after the date of coming into force of this Act. CHAPTER II D ECLARATION OFFUGITIVE ECONOMIC OFFENDERS ANDCONFISCATION OFPROPERTY 4.(1 ) Where the Director or any other officer not below the rank of Deputy Director authorised by the Director for the purposes of this section, has reason to believe (the reasons for such belief to be recorded in writing), on the basis of material in his possession, that any individual is a fugitive economic offender, he may file an application in such form and manner as may be prescribed in the Special Court that such individual may be declared as a fugitive economic offender. (2 ) The application referred to in sub-section ( 1) shall contain— ( a ) reasons for the belief that an individual is a fugitive economic offender; ( b ) any information available as to the whereabouts of the fugitive econo\ mic offender; (c ) a list of properties or the value of such properties believed to be the proceeds of crime, including any such property outside India for which confiscation is sought; (d ) a list of properties or benami properties owned by the individual in India or abroad for which confiscation is sought; and (e ) a list of persons who may have an interest in any of the properties l\ isted under clauses ( c) and (d ). ( 3 ) The Authorities appointed for the purposes of the Prevention of Money-launde\ ring Act, 2002 shall be the Authorities for the purposes of this Act. 5. (1 ) The Director or any other officer authorised by the Director, not below the rank of Deputy Director, may, with the permission of the Special Court, attach any property mentioned in the application under section 4 by an order in writing in such manner as may be prescribed. (2 ) Notwithstanding anything contained in sub-section ( 1) or section 4, the Director or any other officer, not below the rank of Deputy Director, authorised by the Director, may, by an order in writing, at any time prior to the filing of the application under section 4, attach any property— (a ) for which there is a reason to believe that the property is proceeds of crime, or is a property or benami property owned by an individual who is a fugitive economic offender; and (b ) which is being or is likely to be dealt with in a manner which may result in the property being unavailable for confiscation: Provided that the Director or any other officer who provisionally attach\ es any property under this sub-section shall, within a period of thirty days from the date of such attachment, file an application under section 4 before the Special Court. (3 ) The attachment of any property under this section shall continue for a period of one hundred and eighty days from the date of order of attachment or such other period as may be extended by the Special Court before the expiry of such period. (4 ) Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section ( 1) from such enjoyment. Application for declaration of fugitive economic offender and procedure therefor. 15 of 2003. 15 of 2003. Attachment of property. Application of Act. Ex-11/2019 - 4 - - 5 - 4THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— Explanation.—For the purposes of this sub-section, the expression “person interested”, in relation to any immovable property includes all perso\ ns claiming or entitled to claim any interest in the property. 6. The Director or any other officer shall, for the purposes of section 4, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:— (a ) discovery and inspection; ( b ) enforcing the attendance of any person, including any officer of a re\ porting entity and examining him on oath; (c ) compelling the production of records; ( d ) receiving evidence on affidavits; ( e ) issuing commissions for examination of witnesses and documents; and ( f) any other matter which may be prescribed. 7. (1 ) Notwithstanding anything contained in any other provisions of this Act, where a Director or any other officer authorised by the Director, on the basis of material in his possession, has reason to believe (the reasons for such belief to be re\ corded in writing), that an individual may be a fugitive economic offender, he may enter any place — (i) within the limits of the area assigned to him; or ( ii ) in respect of which he is authorised for the purposes of this section, by such other authority, who is assigned the area within which such place is situated. ( 2 ) Where the Director or any other officer authorised by him, on the bas\ is of material in his possession, has reason to believe (the reasons for such belief t\ o be recorded in writing) that an individual may be a fugitive economic offender and it is necessary to enter any place as mentioned in sub-section ( 1), he may request any proprietor, employee or any other person who may be present at that time, to— (a ) afford him the necessary facility to inspect such records as he may r\ equire and which may be available at such place; (b ) afford him the necessary facility to check or verify the proceeds of \ crime or any transaction related to proceeds of crime which may be found therein;\ and (c ) furnish such information as he may require as to any matter which may\ be useful for, or relevant to any proceedings under this Act. ( 3 ) The Director, or any other officer acting under this section may— (i) place marks of identification on the records inspected by him and ma\ ke or cause to be made extracts or copies therefrom; (ii ) make an inventory of any property checked or verified by him; and ( iii ) record the statement of any person present at the property which may be useful for, or relevant to, any proceeding under this Act. 8. (1) Notwithstanding anything contained in any other law for the time being in force, where the Director or any other officer not below the rank of Deputy Director authorised by him for the purposes of this section, on the basis of information in his\ possession, has reason to believe (the reason for such belief to be recorded in writing\ ) that any person— (i) may be declared as a fugitive economic offender; ( ii ) is in possession of any proceeds of crime; ( iii ) is in possession of any records which may relate to proceeds of crime\ ; or 5 of 1908. Powers of Director and other officers. Power of survey. Search and seizure. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 ( iv ) is in possession of any property related to proceeds of crime, then, subject to any rules made in this behalf, he may authorise any officer subordinate to him to— (a ) enter and search any building, place, vessel, vehicle or aircraft whe\ re he has reason to suspect that such records or proceeds of crime are kept; (b ) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause ( a) where the keys thereof are not available; (c ) seize any record or property found as a result of such search; ( d ) place marks of identification on such record or property, if required or make or cause to be made extracts or copies therefrom; (e ) make a note or an inventory of such record or property; and ( f) examine on oath any person, who is found to be in possession or contr\ ol of any record or property, in respect of all matters relevant for the purposes of any investigation under this Act. ( 2 ) Where an authority, upon information obtained during survey under section 7, is satisfied that any evidence shall be or is likely to be concealed or tampered with, he may, for reasons to be recorded in writing, enter and search the building or plac\ e where such evidence is located and seize that evidence. 9. Notwithstanding anything contained in any other law for the time being in force— (a ) if an authority, authorised in this behalf by the Central Government by general or special order, has reason to believe (the reason for such belief to be recorded in writing) that any person has secreted about his person or anything unde\ r his possession, ownership or control, any record or proceeds of crime which may be usefu\ l for or relevant to any proceedings under this Act, he may search that person and seize such record or property which may be useful for or relevant to any proceedings under this Act; (b ) where an authority is about to search any person, he shall, if such person so requires, take such person within twenty-four hours to the nearest Gazetted Officer, superior in rank to him, or a Magistrate: Provided that the period of twenty-four hours shall exclude the time necessary for the journey undertaken to take such person to the nearest Gazetted O\ fficer, superior in rank to him, or the Magistrate’s Court; (c ) if the requisition under clause ( b) is made, the authority shall not detain the person for more than twenty-four hours prior to taking him before the Ga\ zetted Officer, superior in rank to him, or the Magistrate referred to in that clause: Provided that the period of twenty-four hours shall exclude the time necessary for the journey from the place of detention to the office of the Gazetted Officer, superior in rank to him, or the Magistrate’s Court; (d ) the Gazetted Officer or the Magistrate before whom any such person is\ brought shall, if he sees no reasonable ground for search, forthwith discharge such person but otherwise shall direct that search be made; (e ) before making the search under clause ( a) or clause ( d), the authority shall call upon two or more persons to attend and witness the search and the search shall be made in the presence of such persons; (f) the authority shall prepare a list of record or property seized in th\ e course of the search and obtain the signatures of the witnesses on the list; Search of persons. Ex-11/2019 - 4 - - 5 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 5 (iv ) is in possession of any property related to proceeds of crime, then, subject to any rules made in this behalf, he may authorise any officer subordinate to him to— (a ) enter and search any building, place, vessel, vehicle or aircraft whe\ re he has reason to suspect that such records or proceeds of crime are kept; (b ) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause ( a) where the keys thereof are not available; (c ) seize any record or property found as a result of such search; ( d ) place marks of identification on such record or property, if required or make or cause to be made extracts or copies therefrom; (e ) make a note or an inventory of such record or property; and ( f) examine on oath any person, who is found to be in possession or contr\ ol of any record or property, in respect of all matters relevant for the purposes of any investigation under this Act. ( 2 ) Where an authority, upon information obtained during survey under section 7, is satisfied that any evidence shall be or is likely to be concealed or tampered with, he may, for reasons to be recorded in writing, enter and search the building or plac\ e where such evidence is located and seize that evidence. 9. Notwithstanding anything contained in any other law for the time being in force— (a ) if an authority, authorised in this behalf by the Central Government by general or special order, has reason to believe (the reason for such belief to be recorded in writing) that any person has secreted about his person or anything unde\ r his possession, ownership or control, any record or proceeds of crime which may be usefu\ l for or relevant to any proceedings under this Act, he may search that person and seize such record or property which may be useful for or relevant to any proceedings under this Act; (b ) where an authority is about to search any person, he shall, if such person so requires, take such person within twenty-four hours to the nearest Gazetted Officer, superior in rank to him, or a Magistrate: Provided that the period of twenty-four hours shall exclude the time necessary for the journey undertaken to take such person to the nearest Gazetted O\ fficer, superior in rank to him, or the Magistrate’s Court; (c ) if the requisition under clause ( b) is made, the authority shall not detain the person for more than twenty-four hours prior to taking him before the Ga\ zetted Officer, superior in rank to him, or the Magistrate referred to in that clause: Provided that the period of twenty-four hours shall exclude the time necessary for the journey from the place of detention to the office of the Gazetted Officer, superior in rank to him, or the Magistrate’s Court; (d ) the Gazetted Officer or the Magistrate before whom any such person is\ brought shall, if he sees no reasonable ground for search, forthwith discharge such person but otherwise shall direct that search be made; (e ) before making the search under clause ( a) or clause ( d), the authority shall call upon two or more persons to attend and witness the search and the search shall be made in the presence of such persons; (f) the authority shall prepare a list of record or property seized in th\ e course of the search and obtain the signatures of the witnesses on the list; Search of persons. Ex-11/2019 - 6 - - 7 - 6THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (g ) no female shall be searched by anyone except a female; and ( h ) the authority shall record the statement of the person searched under\ clause ( a) or clause ( d) in respect of the records or proceeds of crime found or seized in the course of the search. 10. (1) Where an application under section 4 has been duly filed, the Special\ Court shall issue a notice to an individual who is alleged to be a fugitive economic offender. (2 ) The notice referred to in sub-section ( 1), shall also be issued to any other person who has any interest in the property mentioned in the application under \ sub-section ( 2) of section 4. (3 ) A notice under sub-section ( 1) shall— ( a ) require the individual to appear at a specified place and time not less than six weeks from the date of issue of such notice; and (b ) state that failure to appear on the specified place and time shall re\ sult in a declaration of the individual as a fugitive economic offender and confis\ cation of property under this Act. ( 4 ) A notice under sub-section ( 1) shall be forwarded to such authority, as the Central Government may notify, for effecting service in a contracting State. (5 ) The authority referred to in sub-section ( 4) shall make efforts to serve the notice within a period of two weeks in such manner as may be prescribed. (6 ) A notice under sub-section ( 1) may also be served to the individual alleged to be a fugitive economic offender by electronic means to— (a ) his electronic mail address submitted in connection with an application for allotment of Permanent Account Number under section 139A of the Income-tax Act, 1961; (b ) his electronic mail address submitted in connection with an application for enrolment under section 3 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016; or (c ) any other electronic account as may be prescribed, belonging to the individual which is accessed by him over the internet, subject to the satisfaction of the Special Court that such account has been recently accessed by the individual and constitutes a reasonable method for communication of the notice to the individual. 11 . (1) Where any individual to whom notice has been issued under sub-section (\ 1) of section 10 appears in person at the place and time specified in the noti\ ce, the Special Court may terminate the proceedings under this Act. (2 ) Where any individual to whom notice has been issued under sub-section\ ( 1) of section 10 fails to appear at the place and time specified in the notice\ , but enters appearance through counsel, the Special Court may in its discretion give a period of one week to file a reply to the application under section 4. (3 ) Where any individual to whom notice has been issued under sub-section\ ( 1) of section 10 fails to enter appearance either in person or through counsel\ , and the Special Court is satisfied— (a ) that service of notice has been effected on such party; or ( b ) that notice could not be served in spite of best efforts because such\ individual has evaded service of notice, it may, after recording reasons in writing, proceed to hear the application. Notice. Procedure for hearing application. 43 of 1961. 18 of 2016. Ex-11/2019 - 6 - - 7 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 7 (4 ) The Special Court may also give any person to whom notice has been is\ sued under sub-section ( 2) of section 10 a period of one week to file a reply to the application under section 4. 12. (1) After hearing the application under section 4, if the Special Court is s\ atisfied that an individual is a fugitive economic offender, it may, by an order, declare the individual as a fugitive economic offender for reasons to be recorded in writing. (2 ) On a declaration under sub-section ( 1), the Special Court may order that any of the following properties stand confiscated to the Central Government— (a ) the proceeds of crime in India or abroad, whether or not such property is owned by the fugitive economic offender; and (b ) any other property or benami property in India or abroad, owned by the fugitive economic offender. ( 3 ) The confiscation order of the Special Court shall, to the extent possible, identify the properties in India or abroad that constitute proceeds of crime which ar\ e to be confiscated and in case such properties cannot be identified, quantify the value of \ the proceeds of crime. (4 ) The confiscation order of the Special Court shall separately list any\ other property owned by the fugitive economic offender in India which is to be confisca\ ted. (5 ) Where the Special Court has made an order for confiscation of any pro\ perty under sub-section (2 ), and such property is in a contracting State, the Special Court may i\ ssue a letter of request to a Court or authority in the contracting State for execution of such order. (6 ) Every letter of request to be transmitted to a contracting State under sub-section ( 5) shall be transmitted in such form and manner as the Central Government may, by notification, specify in this behalf. (7 ) The Special Court may, while making the confiscation order, exempt from confiscation any property which is a proceed of crime in which any other person, other than the fugitive economic offender, has an interest if it is satisfied that such interest was acquired bona fide and without knowledge of the fact that the property was proceeds of crim\ e. (8 ) All the rights and title in the confiscated property shall, from the date of the confiscation order, vest in the Central Government, free from all encumbrances. (9 ) Where on the conclusion of the proceedings, the Special Court finds t\ hat the individual is not a fugitive economic offender, the Special Court shall order release of property or record attached or seized under this Act to the person entitled to receive it. (10 ) Where an order releasing the property has been made by the Special Court under sub-section ( 9), the Director or any other officer authorised by him in this behalf m\ ay withhold the release of any such property or record for a period of ninety days f\ rom the date of receipt of such order, if he is of the opinion that such property is relevant for the appeal \ proceedings under this Act. 13. (1) Where at any time after the institution of the application under section 4, any other property is discovered or identified which constitutes proceeds of crime or is property or benami property owned by the individual in India or abroad who is a fugitive economic offender liable to be confiscated under this Act, the Director or any other officer not below the rank of Deputy Director authorised by the Director for the purposes of this section, may file a supplementary application in the Special Court seeking confiscati\ on of such properties. (2 ) The provisions of sections 4 to 12 shall, as far as may be, apply in \ relation to such application as they apply in relation to an application under section 4. 14. Notwithstanding anything contained in any other law for the time being \ in force,— (a ) on a declaration of an individual as a fugitive economic offender, any Court or tribunal in India, in any civil proceeding before it, may, disallow such individual from putting forward or defending any civil claim; and Declaration of fugitive economic offender. Supplementary application. Power to disallow civil claims. Ex-11/2019 - 8 - - 9 - 8THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (b ) any Court or tribunal in India in any civil proceeding before it, may, disallow any company or limited liability partnership from putting forward or def\ ending any civil claim, if an individual filing the claim on behalf of the company \ or the limited liability partnership, or any promoter or key managerial personnel or ma\ jority shareholder of the company or an individual having a controlling interest in the limited liability partnership has been declared as a fugitive economic offender. Explanation .— For the purposes of this section, the expressions— ( a ) “company” means any body corporate and includes a firm, or othe\ r association of persons; and (b ) “limited liability partnership” shall have the same meaning as assigned to it in clause ( n) of sub-section ( 1) of section 2 of the Limited Liability Partnership Act, 2008. 15. (1 ) The Central Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of a Joint Secretary to the Government of India) as it thinks fit, to perform the functions of an Administrator. (2 ) The Administrator appointed under sub-section (1 ) shall receive and manage the property in relation to which an order has been made under sub-section ( 2) of section 12 in such manner and subject to such conditions as may be prescribed. (3 ) The Administrator shall also take such measures, as the Central Government m\ ay direct, to dispose of the property which is vested in the Central Government under section 12: Provided that the Central Government or the Administrator shall not dispose of any property for a period of ninety days from the date of the order under su\ b-section ( 2) of section 12. CHAPTER III M ISCELLANEOUS 16. (1) The burden of proof for establishing— ( a ) that an individual is a fugitive economic offender; or ( b ) that a property is the proceeds of crime or any other property in which the individual alleged to be a fugitive economic offender has an interest, shall be on the Director or the person authorised by the Director to fil\ e the application under section 4. (2 ) Notwithstanding anything contained in any other law for the time bein\ g in force, where any person referred to in sub-section ( 2) of section 10 claims that any interest in any property was acquired bona fide and without knowledge of the fact that, such property constitutes proceeds of crime, the burden of proving such fact shall lie upon him. (3 ) The standard of proof applicable to the determination of facts by the\ Special Court under this Act shall be preponderance of probabilities. 17. (1) An appeal shall lie from any judgment or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law. (2 ) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order appealed from: Provided that the High Court may entertain an appeal after the expiry of\ the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days: Provided further that no appeal shall be entertained after the expiry of\ period of ninety days. Management of properties confiscated under this Act. Rules of evidence. Appeal. 6 of 2009. Ex-11/2019 - 8 - - 9 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 9 18. No civil court shall have jurisdiction to entertain any suit or proceed\ ing in respect of any matter which the Special Court is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect o\ f any action taken or to be taken in pursuance of any power conferred by or under this Act. 19. No suit, prosecution or other legal proceeding shall lie against the Ce\ ntral Government or Presiding Officer of the Special Court or Director or Deputy Director or any other officer authorised by the Director for anything which is in good faith done or intended to be done under this Act or any rule made thereunder. 20. (1) The Central Government may, having regard to the objects of this Act, and if it considers necessary or expedient so to do, by notification add to, or as the case may be, omit from the Schedule any offences specified therein. (2) Every such notification shall, as soon as after it is issued, be laid\ before each House of Parliament. 21. The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force. 22. The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force. 23. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2 ) In particular, and without prejudice to generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a ) the form and manner of filing application under sub-section ( 1) of section 4; ( b ) the manner of attachment of property under sub-section ( 1) of section 5; ( c ) other matters under clause ( f) of section 6; ( d ) the procedure for conducting search and seizure under section 8; ( e ) the manner in which the notice shall be served under sub-section ( 5) of section 10; (f) any other electronic account under clause (c ) of sub-section (6) of section 10; ( g ) the manner and conditions subject to which the Administrator shall receive and manage the property confiscated under sub-section ( 2) of section 15; and ( h ) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules. 24. Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total per\ iod of thirty days which may be comprised in one session or in two or more successive sessions, a\ nd if, before the expiry of the session immediately following the session or the successiv\ e sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such m\ odified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that\ rule. 25. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of five years from the date of commencement of this Act. (2 ) Every order made under this section shall be laid, as soon as may be \ after it is made, before each House of Parliament. 26. (1) The Fugitive Economic Offenders Ordinance, 2018, is hereby repealed. ( 2 ) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act. Protection of action taken in good faith. Power of Central Government to amend Schedule. Overriding effect. Application of other laws not barred. Power to make rules. Laying of rules before Parliament. Power to remove difficulties. Bar of jurisdiction. Repeal and saving. Ord. 1 of 2018 Ex-11/2019 - 10 - - 11 - 10THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— THE SCHEDULE [ See section 2( l) and ( m)] Section Description of offence I. Offences under the Indian Penal Code, 1860 (45 of 1860) 120B read with Punishment of criminal conspiracy. any offence in this Schedule 255 Counterfeiting Government stamp. 257 Making or selling instrument for counterfeiting Government stamp. 258 Sale of counterfeit Government stamp. 259 Having possession of counterfeit Government stamp. 260 Using as genuine a Government stamp known to be counterfeit. 417 Punishment for cheating. 418 Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect. 420 Cheating and dishonestly inducing delivery of property. 421 Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. 422 Dishonestly or fraudulently preventing debt being available for creditor\ s. 423 Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. 424 Dishonest or fraudulent removal or concealment of property. 467 Forgery of valuable security, will, etc. 471 Using as genuine a forged [document or electronic record]. 472 Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467. 473 Making or possessing counterfeit seal, etc., intent to commit forgery punishable otherwise. 475 Counterfeiting device or mark used for authenticating documents describe\ d in section 467, or possessing counterfeit marked material. 476 Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material. 481 Using a false property mark. 482 Punishment for using a false property mark. 483 Counterfeiting a property mark used by another. 484 Counterfeiting a mark used by a public servant. 485 Making or possession of any instrument for counterfeiting a property mark. 486 Selling goods marked with a counterfeit property mark. Ex-11/2019 - 10 - - 11 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 11 487Making a false mark upon any receptacle containing goods. 488 Punishment for making use of any such false mark. 489A Counterfeiting currency notes or bank notes. 489B Using as genuine, forged or counterfeit currency notes or bank notes. II. Offences under the Negotiable Instruments Act, 1881 (26 of 1881) 138Dishonour of cheque for insufficiency, etc., of funds in the account. III. Offences under the Reserve Bank of India Act, 1934 (2 of 1934) 58BPenalties. IV. Offences under the Central Excise Act, 1944 (1 of 1944) Section 9 Offences and Penalties. V. Offences under the Customs Act, 1962 (52 of 1962) 135Evasion of duty or prohibitions. VI. Offences under the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988) 3 Prohibition of benami transactions. VII. Offences under the Prevention of Corruption Act, 1988 (49 of 1988) 7Public servant taking gratification other than legal remuneration in respect of an official act. 8 Taking gratification in order, by corrupt or illegal means, to influence public servant. 9 Taking gratification for exercise of personal influence with public servant. 10 Punishment for abetment by public servant of offences defined in section 8 or section 9 of the Prevention of Corruption Act, 1988. 13 Criminal misconduct by a public servant. VIII. Offences under the Securities and Exchange Board of India Act, 1992 (15 of 1992) 12A read with Prohibition of manipulative and deceptive devices, insider trading and section 24 substantial acquisition of securities or control. 24 Offences for contravention of the provisions of the Act. IX. Offences under the Prevention of Money Laundering Act, 2002 (15 of 2003) 3Offence of money-laundering. 4 Punishment for money-laundering. X. Offences under the Limited Liability Partnership Act, 2008 (6 of 2009) Sub-section (2) Carrying on business with intent or purpose to defraud creditors of the of section 30Limited Liability Partnership or any other person or for any other fraud\ ulent purpose. Section Description of offence Ex-11/2019 - 12 - - 13 - 12THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— XI. Offences under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) 34Penalty for article or currency or security obtained in contravention of section 10. 35 Punishment for contravention of any provision of the Act. XII. Offences under the Companies Act, 2013 (18 of 2013) Sub-section (4) Offer or invitation for subscription of securities on private placement. of section 42 of the Companies Act, 2013 read with section 24 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) 74 Repayment of deposits, etc., accepted before commencement of the Companies Act, 2013. 76A Punishment for contravention of section 73 or section 76 of the Companies Act, 2013. Second Carrying on business of a company for a fraudulent or unlawful purpose. proviso to sub- section ( 4) of section 206 Clause ( b) of Conducting the business of a company with intent to defraud its creditor\ s, section 213 members or any other persons or otherwise for a fraudulent or unlawful purpose, or in a manner oppressive to any of its members or that the company was formed for any fraudulent or unlawful purpose. 447 Punishment for fraud. 452 Punishment for wrongful withholding of property. XIII. Offences under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015) 51 Punishment for wilful attempt to evade tax. XIV. Offences under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) 69Punishment for transactions defrauding creditors. Section Description of offence SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 13 Section Description of offence XV. Offences under the Central Goods and Services Tax Act, 2017 (12 of 2017) Sub-section (5 ) Punishment for certain offences. of section 132 ————DR . G. NARAYANA RAJU, Secretary to the Govt. of India. ———— CORRIGENDA IN THE PREVENTION OF CORRUPTION (AMENDMENT) ACT, 2018 (16 of 2018) as published in the Gazette of India, Extraordinary, Part II, Section 1, Issue No. 28, dated the 16th July, 2018— Page No. Line(s) No. ForRead 3 32 “later”“latter” 5 3 “shall be not” “shall not be” 5 23 “shall be not” “shall not be” 5 39 “17A.(1)” “17A.” 7 5 “presecribe” “prescribe” 7 26 “section 13(1) ( A)” “section 13(1) ( a)” MGIPMRND—1265GI(S3)—01-08-2018. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DEL\ HI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.08.01 18:50:44 +05'30' Ex-11/2019 - 12 - - 13 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 13 SectionDescription of offence XV. Offences under the Central Goods and Services Tax Act, 2017 (12 of 2017) Sub-section (5 ) Punishment for certain offences. of section 132 ———— DR . G. NARAYANA RAJU, Secretary to the Govt. of India. ———— CORRIGENDA IN THE PREVENTION OF CORRUPTION (AMENDMENT) ACT, 2018 (16 of 2018) as published in the Gazette of India, Extraordinary, Part II, Section 1, Issue No. 28, dated the 16th July, 2018— Page No. Line(s) No. ForRead 3 32 “later”“latter” 5 3 “shall be not” “shall not be” 5 23 “shall be not” “shall not be” 5 39 “17A.(1)” “17A.” 7 5 “presecribe” “prescribe” 7 26 “section 13(1) ( A)” “section 13(1) ( a)” MGIPMRND—1265GI(S3)—01-08-2018. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DEL\ HI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.08.01 18:50:44 +05'30' NOTIFICATION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Fugitive Economic Offenders Act, 2018’ (Act No. 17 of 2018 ) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.1. 2019 Pausha 20, S.E. 1940, Issue No. 11 to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to\ preserve the sanctity of the rule of law in India and for matters connected therewith or incidental thereto. Ex-11/2019

- PB - - 1 - NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019:The following Act is hereby re-published for general information. ‘The Specific Relief (Amendment) Act, 2018' (Act No. 18 of 2018 ) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 12 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Specific Relief (Amendment) Act, 2018' (Act No. 18 of 2018 ) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 12 THE SPECIFIC RELIEF (AMENDMENT) ACT, 2018 N O. 18 OF 2018 [1st August, 2018.] An Act further to amend the Specific Relief Act, 1963. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1.(1 ) This Act may be called the Specific Relief (Amendment) Act, 2018. ( 2 ) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed fo\ r different provisions of this Act and any reference in any such provision to the commencement of this \ Act shall be construed as a reference to the coming into force of that provision. 2. In section 6 of the Specific Relief Act, 1963 (hereinafter referred to as the principal Act), in sub-section ( 1), after the words “he or any person”, the words “through whom he has been in possession or any person” shall be inserted. 3. For section 10 of the principal Act, the following section shall be substituted, namely:— “10. The specific performance of a contract shall be enforced by the court subject to the provisions contained in sub-section ( 2) of section 11, section 14 and section 16.”. Short title and commencement. Amendment of section 6. 47 of 1963. Substitution of new section for section 10. Specific performance in respect of contracts. jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 30] ubZ fnYyh] cq/kokj] vxLr 1] 2018@ Jko.k 10] 1940 ¼'kd½ No. 30] NEW DELHI, WEDNESDAY, AUGUST 1, 2018/SHRAVANA 10, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa \ j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 1st August, 2018/Shravana 10,1940 ( Saka) The following Act of Parliament received the assent of the President on the 1st August, 2018, and is hereby published for general information:— NOTIFICATION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Specific Relief (Amendment) Act, 2018' (Act No. 18 of 2018 ) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 12 Ex-12/2019 - 2 - - 3 - 2THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— Amendment ofsection 11. 5 of 1908. 4. In section 11 of the principal Act, in sub-section ( 1), for the words “contract may, in the discretion of the court”, the words “contract shall” shall \ be substituted. 5. For section 14 of the principal Act, the following sections shall be substituted, namely:— “14. The following contracts cannot be specifically enforced, namely:—(a ) where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20; (b ) a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise; (c ) a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms; and (d ) a contract which is in its nature determinable. 14A. ( 1) Without prejudice to the generality of the provisions contained in the Code of Civil Procedure, 1908, in any suit under this Act, where the court considers it necessary to get expert opinion to assist it on any specific issue invol\ ved in the suit, it may engage one or more experts and direct to report to it on such issue \ and may secure attendance of the expert for providing evidence, including production of documents on the issue. (2 ) The court may require or direct any person to give relevant information to the expert or to produce, or to provide access to, any relevant documents, goods or other property for his inspection. (3 ) The opinion or report given by the expert shall form part of the record \ of the suit; and the court, or with the permission of the court any of the parties to the suit, may examine the expert personally in open court on any of the matters re\ ferred to him or mentioned in his opinion or report, or as to his opinion or report, o\ r as to the manner in which he has made the inspection. (4 ) The expert shall be entitled to such fee, cost or expense as the court may fix, which shall be payable by the parties in such proportion, and at such time, as the court may direct.”. 6. In section 15 of the principal Act, after clause ( f), the following clause shall be inserted, namely:— “(fa) when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partners\ hip, the new limited liability partnership which arises out of the amalgamation.”. 7. In section 16 of the principal Act,— (i) for clause (a ), the following clause shall be substituted, namely:— “( a) who has obtained substituted performance of contract under section 20; or”; ( ii ) in clause ( c),— ( I) for the words “who fails to aver and prove”, the words “who \ fails to prove” shall be substituted; (II ) in the Explanation, in clause (ii), for the words “must aver”, the words “must prove” shall be substituted. Substitution of new sections for section 14. Contracts not specifically enforceable. Power of court to engage experts. Amendment of section 15. Amendment of section 16. Ex-12/2019 - 2 - - 3 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 3 8. In section 19 of the principal Act, after clause ( c), the following clause shall be inserted, namely:— “(ca ) when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partners\ hip, the new limited liability partnership which arises out of the amalgamation.”. 9. For sub-heading “Discretion and powers of Court” occurring after section 19, the sub-heading “Substituted performance of contracts, etc.” shall be substituted. 10. For section 20 of the principal Act, the following sections shall be substituted, namely:— “20. (1) Without prejudice to the generality of the provisions contained in the Indian Contract Act, 1872, and, except as otherwise agreed upon by the parties, where the contract is broken due to non-performance of promise by any party, the party who suffers by such breach shall have the option of substituted performance through a third party or by his own agency, and, recover the expenses and other costs actually incurred, spent or suffered by him, from the party committing such breach. (2 ) No substituted performance of contract under sub-section ( 1) shall be undertaken unless the party who suffers such breach has given a notice in writing, of not less than thirty days, to the party in breach calling upon him to pe\ rform the contract within such time as specified in the notice, and on his refusal or failure to do so, he may get the same performed by a third party or by his own agency: Provided that the party who suffers such breach shall not be entitled to recover the expenses and costs under sub-section ( 1) unless he has got the contract performed through a third party or by his own agency. (3 ) Where the party suffering breach of contract has got the contract performed through a third party or by his own agency after giving notice under sub-section ( 1), he shall not be entitled to claim relief of specific performance against the party in breach. (4 ) Nothing in this section shall prevent the party who has suffered breach of contract from claiming compensation from the party in breach. 20A. (1) No injunction shall be granted by a court in a suit under this Act involving a contract relating to an infrastructure project specified in the Schedu\ le, where granting injunction would cause impediment or delay in the progress or completion\ of such infrastructure project. Explanation .—For the purposes of this section, section 20B and clause ( ha) of section 41, the expression “infrastructure project” means the cate\ gory of projects and infrastructure Sub-Sectors specified in the Schedule. (2 ) The Central Government may, depending upon the requirement for development of infrastructure projects, and if it considers necessary or expedient to do so, by notification in the Official Gazette, amend the Schedule relating to any Category of projects or Infrastructure Sub-Sectors. (3 ) Every notification issued under this Act by the Central Government shall be laid, as soon as may be after it is issued, before each House of Parliam\ ent, while it is in session, for a total period of thirty days which may be comprised in \ one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses \ agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done u\ nder that notification. Amendment of section 19. Amendment of sub-heading under Chapter II. Substitution of new sections for section 20. 9 of 1872. Special provisions for contract relating to infrastructure project.Substituted performance of contract. Ex-12/2019 - 4 - - 5 - 4THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— 20B. The State Government, in consultation with the Chief Justice of the\ High Court, shall designate, by notification published in the Official G\ azette, one or more Civil Courts as Special Courts, within the local limits of the area to exercise jurisdiction and to try a suit under this Act in respect of contracts relating to infrastructure projects. 20C. Notwithstanding anything contained in the Code of Civil Procedure, 1908, a suit filed under the provisions of this Act shall be disposed of by the court within a period of twelve months from the date of service of summons to \ the defendant: Provided that the said period may be extended for a further period not e\ xceeding six months in aggregate after recording reasons in writing for such extension by the court.”. 11. In section 21 of the principal Act, in sub-section ( 1), for the words “, either in addition to, or in substitution of,” the words “in addition to”\ shall be substituted. 12.In section 25 of the principal Act, for the words and figures “the Arbitration Act, 1940”, the words and figures “the Arbitration and Conciliation Act, 1996” shall be substituted. 13.In section 41 of the principal Act, after clause ( h), the following clause shall be inserted, namely:— “(ha ) if it would impede or delay the progress or completion of any infrast\ ructure project or interfere with the continued provision of relevant facility r\ elated thereto or services being the subject matter of such project.”. 14. After Part III of the principal Act, the following Schedule shall be inserted, namely:— ‘THE SCHEDULE [ See sections 20A and 41 ( ha)] Category of projects and Infrastructure Sub-Sectors Sl. No. Category Infrastructure Sub-Sectors 12 3 1. Transport ( a) Road and bridges ( b ) Ports (including Capital Dredging) ( c ) Shipyards (including a floating or land-based facility with the essential features of waterfront, turning basin, berthing and docking facility, slipways or ship lifts, and which is self-sufficient for carrying on shipbuilding/repair/breaking activities) ( d ) Inland Waterways ( e ) Airports ( f) Railway Track, tunnels, viaducts, bridges, terminal infrastructure including stations and adjoining commercial infrastructure ( g ) Urban Public Transport (except rolling stock in case of urban road transport) Special Courts. Expeditious disposal of suits. Amendment of section 21. Amendment of section 25. 5 of 1908. 10 of 1940. 26 of 1996. Insertion of Schedule. Amendment of section 41. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 2. Energy (a ) Electricity Generation ( b ) Electricity Transmission ( c ) Electricity Distribution ( d ) Oil pipelines ( e ) Oil/Gas/Liquefied Natural Gas (LNG) storage facility (including strategic storage of crude oil) ( f) Gas pipelines (including city gas distribution network) 3. Water and ( a) Solid Waste Management Sanitation (b ) Water supply pipelines ( c ) Water treatment plants ( d ) Sewage collection, treatment and disposal system ( e ) Irrigation (dams, channels, embankments, etc.) ( f) Storm Water Drainage System ( g ) Slurry pipelines 4. Communication ( a) Telecommunication (Fixed network including optic fibre/wire/cable networks which provide broadband/ internet) ( b ) Telecommunication towers ( c ) Telecommunications and Telecom Services 5. Social and ( a) Education Institutions (capital stock) Commercial Infrastructure ( b) Sports infrastructure (including provision of Sports Stadia and Infrastructure for Academies for Training/Research in Sports and Sports-relating activities) ( c ) Hospitals (capital stock including Medical Colleges, Para Medical Training Institutes and Diagnostic Centres) ( d ) Tourism infrastructure viz. (i) three-star or higher category classified hotels located outside cities with population of more than one million; ( ii) ropeways and cable cars ( e ) Common infrastructure for industrial parks and other parks with industrial activity such as food parks, textile parks, Special Economic Zones, tourism facilities and agriculture markets ( f) Post-harvest storage infrastructure for agriculture and horticulture produce including cold storage ( g ) Terminal markets ( h ) Soil-testing laboratories ( i) Cold chain (including cold room facility for farm level pre-cooling, for preservation or storage of agriculture and allied produce, marine products and meat) 12 3 Ex-12/2019 - 4 - - 5 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 5 2. Energy(a ) Electricity Generation ( b ) Electricity Transmission ( c ) Electricity Distribution ( d ) Oil pipelines ( e ) Oil/Gas/Liquefied Natural Gas (LNG) storage facility (including strategic storage of crude oil) ( f) Gas pipelines (including city gas distribution network) 3. Water and ( a) Solid Waste Management Sanitation (b ) Water supply pipelines ( c ) Water treatment plants ( d ) Sewage collection, treatment and disposal system ( e ) Irrigation (dams, channels, embankments, etc.) ( f) Storm Water Drainage System ( g ) Slurry pipelines 4. Communication ( a) Telecommunication (Fixed network including optic fibre/wire/cable networks which provide broadband/ internet) ( b ) Telecommunication towers ( c ) Telecommunications and Telecom Services 5. Social and ( a) Education Institutions (capital stock) Commercial Infrastructure ( b) Sports infrastructure (including provision of Sports Stadia and Infrastructure for Academies for Training/Research in Sports and Sports-relating activities) ( c ) Hospitals (capital stock including Medical Colleges, Para Medical Training Institutes and Diagnostic Centres) ( d ) Tourism infrastructure viz. (i) three-star or higher category classified hotels located outside cities with population of more than one million; ( ii) ropeways and cable cars ( e ) Common infrastructure for industrial parks and other parks with industrial activity such as food parks, textile parks, Special Economic Zones, tourism facilities and agriculture markets ( f) Post-harvest storage infrastructure for agriculture and horticulture produce including cold storage ( g ) Terminal markets ( h ) Soil-testing laboratories ( i) Cold chain (including cold room facility for farm level pre-cooling, for preservation or storage of agriculture and allied produce, marine products and meat) 12 3 Ex-12/2019 - 6 - - PB - (j) Affordable Housing (including a housing project using at least 50% of the Floor Area Ratio (FAR)/ Floor Space Index (FSI) for dwelling units with carpet area of not more than 60 square meters Explanation. —For the purposes of this sub-clause, the term “carpet area” shall have the same meaning as assigned to it in clause ( k) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016).'. 12 3 ———— DR . G. NARAYANA RAJU, Secretary to the Govt. of India. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DEL\ HI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MGIPMRND—1267GI(S3)—01-08-2018. 6 THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— S EC. 1] MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.08.01 22:34:25 +05'30' NOTIFICATION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Specific Relief (Amendment) Act, 2018' (Act No. 18 of 2018 ) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 12 Ex-12/2019

- PB - - 1 - Short title and commencement. THE CRIMINAL LAW (AMENDMENT) ACT, 2018 NO. 22 OF 2018 [11th August, 2018.] An Act further to amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— CHAPTER I P RELIMINARY 1. (1 ) This Act may be called the Criminal Law (Amendment) Act, 2018. ( 2 ) It shall be deemed to have come into force on the 21st day of April, 2018. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 35] ubZ f\bYyh] 'kfuokj] vxLr 11] 2018@ Jko.k 20] 1940 ¼'kd½ No. 35] NEW DELHI, SA TURDAY, AUGUST 11, 2018/SHRAVANA 20, 1940 (SAKA) bl Hkkx esa fHkUu i\a`"B la[;k \bh tkrh g\aS ftlls fd ;g vyx \aladyu ds :i esa j[k\ak tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 11th August, 2018/Shravana 20, 1940 ( Saka) The following Act of Parliament received the assent of the President on the 11th August, 2018, and is hereby published for general information:— Short title and commencement. THE CRIMINAL LAW (AMENDMENT) ACT, 2018 N O. 22 OF 2018 [11 th August, 2018.] An Act further to amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— CHAPTER I P RELIMINARY 1. (1 ) This Act may be called the Criminal Law (Amendment) Act, 2018. ( 2 ) It shall be deemed to have come into force on the 21st day of April, 2018. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 35] ubZ f\bYyh] 'kfuokj] vxLr 11] 2018@ Jko.k 20] 1940 ¼'kd½ No. 35] NEW DELHI, SA TURDAY, AUGUST 11, 2018/SHRAVANA 20, 1940 (SAKA) bl Hkkx esa fHkUu i\a`"B la[;k \bh tkrh g\aS ftlls fd ;g vyx \aladyu ds :i esa j[k\ak tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 11th August, 2018/Shravana 20, 1940 ( Saka) The following Act of Parliament received the assent of the President on the 11th August, 2018, and is hereby published for general information:— NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Criminal Law (Amendment) Act, 2018’ (Act No. 22 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.1.2019 Pausha 20, S.E. 1940, Issue No. 16 further to amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012. NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Criminal Law (Amendment) Act, 2018’ (Act No. 22 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.1.2019 Pausha 20, S.E. 1940, Issue No. 16 further to amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012. Ex-16/2019 - 2 - - 3 - 2THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— Amendment of section 166A. Amendment of section 228A. Amendment of section 376. CHAPTER II A MENDMENTS TO THE INDIAN PENAL CODE 2. In the Indian Penal Code (hereafter in this Chapter referred to as th\ e Penal Code), in section 166A, in clause ( c), for the words, figures and letters "section 376B, section 376C, section 376D", the words, figures and letters "section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted. 3. In section 228A of the Penal Code, in sub-section (1 ), for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, sectio\ n 376D, section 376DA, section 376DB" shall be substituted. 4. In section 376 of the Penal Code,— (a ) in sub-section ( 1), for the words "shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to f\ ine", the words "shall not be less than ten years, but which may extend to imprisonment \ for life, and shall also be liable to fine" shall be substituted; (b ) in sub-section ( 2), clause ( i) shall be omitted; ( c ) after sub-section ( 2), the following sub-section shall be inserted, namely:— "( 3) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be les\ s than twenty years, but which may extend to imprisonment for life, which shall\ mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim.". 5. After section 376A of the Penal Code, the following section shall be inserted, namely:—\ "376AB. Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean i\ mprisonment for the remainder of that person's natural life, and with fine or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid \ to the victim.". 6. After section 376D of the Penal Code, the following sections shall be i\ nserted, namely:— "376DA. Where a woman under sixteen years of age is raped by one or more\ persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for t\ he remainder of that person's natural life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid \ to the victim. Insertion of new section 376AB. 45 of 1860. Punishment for rape on woman under twelve years of age. Insertion of new sections 376DA and 376DB. Punishment for gang rape on woman under sixteen years of age. Ex-16/2019 - 2 - - 3 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 3 Amendment of section 53A. 376DB. Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intent\ ion, each of those persons shall be deemed to have committed the offence of rape and \ shall be punished with imprisonment for life,which shall mean imprisonment for th\ e remainder of that person's natural life, and with fine, or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid \ to the victim.". 7. In section 376E of the Penal Code, for the word, figures and letter "se\ ction 376D", the words, figures and letters "section 376AB or section 376D or section 376DA or section 376DB," shall be substituted. CHAPTER III A MENDMENTS TO THE INDIAN EVIDENCE ACT, 1872 8. In section 53A of the Indian Evidence Act, 1872 (hereafter in this Chapter referred to as the Evidence Act), for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" \ shall be substituted. 9. In section 146 of the Evidence Act, in the proviso, for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, \ section 376DA, section 376DB" shall be substituted. CHAPTER IV A MENDMENTS TO THE CODE OF CRIMINAL PROCEDURE , 1973 10. In the Code of Criminal Procedure, 1973 (hereafter in this Chapter re\ ferred to as the Code of Criminal Procedure), in section 26, in clause ( a), in the proviso, for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", th\ e words, figures and letters "section 376A, section 376AB, section 376B, section 376C, sectio\ n 376D, section 376DA, section 376DB" shall be substituted. 11 . In section 154 of the Code of Criminal Procedure, in sub-section ( 1),— ( i) in the first proviso, for the words, figures and letters "section 376\ A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB," shall be substituted; (ii ) in the second proviso, in clause ( a), for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, fig\ ures and letters "section 376A, section 376AB, section 376B, section 376C, sectio\ n 376D, section 376DA, section 376DB," shall be substituted. 12. In section 161 of the Code of Criminal Procedure, in sub-section ( 3), in the second proviso, for the words, figures and letters "section 376A, section 376B,\ section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be subst\ ituted. 13. In section 164 of the Code of Criminal Procedure, in sub-section ( 5A), in clause ( a), for the words, figures and letters "section 376A, section 376B, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted. Punishment for gang rape on woman under twelve years of age. Amendment of section 376E. Amendment of section 146. Amendment of section 26. Amendment of section 154. 2 of 1974. 1 of 1872. Amendment of section 161. Amendment of section 164. Ex-16/2019 - 4 - - 5 - 4THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— 14. In section 173 of the Code of Criminal Procedure,— (i) in sub-section ( 1A), for the words "rape of a child may be completed within three months", the words, figures and letters "an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code shall be completed within two months" shall be substituted; (ii ) in sub-section ( 2), in clause ( i), in sub-clause ( h), for the word, figures and letters "section 376, 376A, 376B, 376C, 376D", the word, figures and le\ tters "sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB" shall be substituted. 15. In section 197 of the Code of Criminal Procedure, in sub-section ( 1), in the Explanation , for the words, figures and letters "section 376A, section 376C, section 376D", the words, figures and letters "section 376A, section 376AB, section 376C, section 376D, section 376DA, section 376DB" shall be substituted. 16. In section 309 of the Code of Criminal Procedure, in sub-section ( 1), in the proviso, for the words, figures and letters "section 376A, section 376B, section 376C or section 376D of the Indian Penal Code, the inquiry or trial shall, as far as possibl\ e,", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, sectio\ n 376D, section 376DA or section 376DB of the Indian Penal Code, the inquiry or \ trial shall" shall be substituted. 17. In section 327 of the Code of Criminal Procedure, in sub-section ( 2), for the words, figures and letters "section 376A, section 376B, section 376C, section 3\ 76D", the words, figures and letters "section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB" shall be substituted. 18. In section 357B of the Code of Criminal Procedure, for the words, figur\ es and letters "under section 326A or section 376D of the Indian Penal Code", the words\ , figures and letters "under section 326A, section 376AB, section 376D, section 376DA \ and section 376DB of the Indian Penal Code" shall be substituted. 19. In section 357C of the Code of Criminal Procedure, for the figures and letters "376A, 376B, 376C, 376D", the figures and letters "376A, 376AB, 376B, 37\ 6C, 376D, 376DA, 376DB" shall be substituted. 20. In section 374 of the Code of Criminal Procedure, after sub-section (\ 3), the following sub-section shall be inserted, namely:— "(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, se\ ction 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, t\ he appeal shall be disposed of within a period of six months from the date of fili\ ng of such appeal.". 21. In section 377 of the Code of Criminal Procedure, after sub-section (\ 3), the following sub-section shall be inserted, namely:— "(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, se\ ction 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, t\ he appeal shall be disposed of within a period of six months from the date of filing of such appeal.". 22. In section 438 of the Code of Criminal Procedure, after sub-section ( 3), the following sub-section shall be inserted, namely:— "(4) Nothing in this section shall apply to any case involving the arrest \ of any person on accusation of having committed an offence under sub-section (\ 3) of section 376 or section 376AB or section 376DA or section 376DB of the In\ dian Penal Code.". Amendment of section 173. Amendment of section 197. Amendment of section 309. Amendment of section 327. 45 of 1860. 45 of 1860. Amendment of section 357B. Amendment of section 357C. Amendment of section 374. Amendment of section 377. 45 of 1860. 45 of 1860. 45 of 1860. Amendment of section 438. 45 of 1860. Ex-16/2019 - 4 - - 5 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 5 23. In section 439 of the Code of Criminal Procedure,— (a ) in sub-section ( 1), after the first proviso, the following proviso shall be inserted, namely: — "Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub\ -section ( 3) of section 376 or section 376AB or section 376DA or section 376DB of the\ Indian Penal Code, give notice of the application for bail to the Public\ Prosecutor within a period of fifteen days from the date of receipt of the notice o\ f such application."; ( b ) after sub-section ( 1), the following sub-section shall be inserted, namely:— "( 1A ) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the \ person under sub-section ( 3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code.". 24. In the First Schedule to the Code of Criminal Procedure, under the head\ ing "I.— OFFENCES UNDER THE INDIAN PENAL CODE", — (a ) for the entries relating to section 376, the following entries shall \ be substituted, namely:— Section Offence Punishment Cognizable or Bailable or By what Non-congnizable Non-bailableCourt triable 12 34 5 6 "376 Rape. Rigorous imprisonment CognizableNon-bailable Court of of not less than 10 years Session. but which may extend to imprisonment for life and with fine. Rape by a police officer or a public servant or member of armed forces or a person being on the management or on the staff of a jail, remand home or other place of custody or women's or children's institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped. Amendment of section 439. 45 of 1860. Amendment of First Schedule. Rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life and with fine. Cognizable Non-bailable Court of Session. 45 of 1860. Ex-16/2019 - 6 - - 7 - 6THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— 1234 5 6 Persons committing offence of rape on a woman under sixteen years of age. ( b ) after the entries relating to section 376A, the following entries sha\ ll be inserted, namely:— 12 34 5 6 "376AB Person committing Rigorous imprisonment CognizableNon-bailable Court of an offence of rape of not less than 20 years Session."; on a woman but which may extend under twelve to imprisonment years of age. for life which shall mean imprisonment for the remainder of that person's natural life and with fine or with death. (c ) after the entries relating to section 376D, the following entries sha\ ll be inserted, namely:— 12 34 5 6 "376DA Gang rape on a Imprisonment CognizableNon-bailable Court of woman under sixteen for life which shall Session. years of age. mean imprisonment for the remainder of that person's natural life and with fine. 376DB Gang rape on Imprisonment for CognizableNon-bailable Court of woman under life which shall Session.". twelve mean imprisonment years of age. for the remainder of that person's natural life and with fine or with death. CHAPTER V A MENDMENT TO THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 25. In section 42 of the Protection of Children from Sexual Offences Act, 2012, for the figures and letters "376A, 376C, 376D", the figures and letters "376A, 376AB, 376B, 376C, 376D, 376DA, 376DB" shall be substituted. 26. (1) The Criminal Law (Amendment) Ordinance, 2018 is hereby repealed. Amendment of section 42 of Act No.32 of 2012. Repeal and savings. Ord. No.2 of 2018. Rigorous imprisonment for a term which shall not be less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and with fine. Cognizable Non-bailable Court of Session."; Ex-16/2019 - 6 - - 7 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 7 (2 ) Notwithstanding such repeal, anything done or any action taken under \ the Indian Penal Code, the Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provi\ sions of those Acts, as amended by this Act. 45 of 1860. 1 of 1872. 2 of 1974. 32 of 2012. MGIPMRND—1644GI(S3)—11-08-2018. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DEL\ HI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. ———— DR . G. NARAYANA RAJU, Secretary to the Govt. of India. MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.08.11 18:39:15 +05'30' NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Criminal Law (Amendment) Act, 2018’ (Act No. 22 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.1.2019 Pausha 20, S.E. 1940, Issue No. 16 further to amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012. Ex-16/2019

- PB - - 1 - NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019:The following Act is hereby re-published for general information. ‘The Homoeopathy Central Council (Amendment) Act, 2018’ (Act No. 23 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 17 THE HOMOEOPATHY CENTRAL COUNCIL (AMENDMENT) ACT , 2018 NO. 23 OF 2018 [13th August, 2018.] An Act further to amend the Homoeopathy Central Council Act, 1973. B E it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. (1 ) This Act may be called the Homoeopathy Central Council (Amendment) Act, 2018. (2 ) It shall be deemed to have come into force on the 18th day of May, 2018. 2. In the Homoeopathy Central Council Act, 1973 (hereinafter referred to as the principal Act), after section 3, the following sections shall be inserted, namely:— ‘3A. (1) On and from the date of commencement of the Homoeopathy Central Council (Amendment) Act, 2018, the Central Council shall stand superseded and the President, Vice-President and other members of the Central Council shall vacate their offices and shall have no claim for any compensation, whatsoever. (2 )The Central Council shall be reconstituted in accordance with the provisions of section 3 within a period of one year from the date of sup\ ersession of the Central Council under sub-section ( 1). Short title and commence- ment. Power of Central Government to supersede Central Council and to constitute a Board of Governors.Insertion of new sections 3A, 3B and 3C. 59 of 1973. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 36] ubZ f\bYyh] lkseokj] vxLr 13] 2018@ Jko.k 22] 1940 ¼'kd½ No. 36] NEW DELHI, MONDAY, AUGUST 13, 2018/SHRAVANA 22, 1940 (SAKA) bl Hkkx esa fHkUu i\a`"B la[;k \bh tkrh g\aS ftlls fd ;g vyx \aladyu ds :i esa j[k\ak tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 13th August, 2018/Shravana 22, 1940 ( Saka) The following Act of Parliament received the assent of the President on the 13th August, 2018, and is hereby published for general information:— NOTIFICATION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Homoeopathy Central Council (Amendment) Act, 2018’ (Act No. 23 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 17 Ex-17/2019 - 2 - - 3 - 2THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (3 ) Upon the supersession of the Central Council under sub-section (1 ) and until a new Council is constituted in accordance with section 3, the\ Board of Governors constituted under sub-section ( 4) shall exercise the powers and perform the functions of the Central Council under this Act. (4 ) The Central Government shall, by notification in the Official Gazette, constitute a Board of Governors which shall consist of not more than sev\ en persons as its members, who shall be persons of eminence and of unimpeac\ hable integrity in the fields of Homoeopathy and Homoeopathy education, and eminent administrators, and who may be either nominated member or members, ex officio, to be appointed by the Central Government, one of whom shall be selected\ by the Central Government as the Chairperson of the Board of Governors. (5 )The Chairperson and the other members, other than the members, ex officio , shall be entitled to such sitting fee and travelling and other allowan\ ces as may be determined by the Central Government. (6 ) The Board of Governors shall meet at such time and such place and shall observe such rules of procedure in regard to the transaction of bu\ siness at its meetings as is applicable to the Central Council. (7 ) Two-third of the members of the Board of Governors shall constitute the quorum of its meetings. (8 ) No act or proceedings of the Board of Governors shall be invalid mere\ ly by reason of— (a ) any vacancy in, or any defect in the constitution of, the Board of Governors; or (b ) any irregularity in the procedure of the Board of Governors not affecting the merits of the case. ( 9 ) A member having any financial or other interest in any matter coming before the Board of Governors for decision, shall disclose his interest \ in the matter before he may, if allowed by the Board of Governors, participate in such proceedings. (10 ) The Chairperson and other members of the Board of Governors shall hold office during the pleasure of the Central Government. 3B. During the period when the Central Council stands superseded,—(a ) the provisions of the Act shall be construed as if for the words "Central Council", the words "Board of Governors" were substituted; (b ) the Board of Governors shall exercise the powers and discharge the functions of the Central Council under this Act and for this purpose, the provisions of this Act shall have effect subject to the modification that references therein to the Central Council shall be construed as referenc\ es to the Board of Governors. 3C. ( 1) Without prejudice to the provisions of this Act, the Board of Governors or the Central Council after its reconstitution shall, in exer\ cise of its powers and in the performance of its functions under this Act, be bound by such directions on question of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to\ it from time to time: Provided that the Board of Governors or the Central Council, after its reconstitution shall, as far as practicable, be given an opportunity to express its view before any direction is given under this sub-section. Certain modifications of Act. Power of Central Government to give directions. Ex-17/2019 - 2 - - 3 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 3 (2 ) The decision of the Central Government whether a question is a matter\ of policy or not shall be final.’. 3. After section 12B of the principal Act, the following section shall be inserted, namely:— "12C. (1) If any person has established a Homoeopathy Medical College or any Homoeopathy Medical College has opened a new or higher course of stu\ dy or training or increased the admission capacity on or before the date of\ commencement of the Homoeopathy Central Council (Amendment) Act, 2018, such person or Homoeopathy Medical College, as the case may be, shall se\ ek, within a period of one year from the said commencement, permission of t\ he Central Government, in accordance with the provisions specified in the regulations made by the Central Council. (2 ) If any person or Homoeopathy Medical College, as the case may be, fails to seek permission under sub-section ( 1), the provisions of section 12B shall apply, as far as may be, as if the Central Government has been refused.". 4. (1 ) The Homoeopathy Central Council (Amendment) Ordinance, 2018 is hereby repealed. (2 ) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act. ———— DR . G. NARAYANA RAJU, Secretary to the Govt. of India. Insertion of new section 12C. Time for seeking permission for certain existing medical colleges. Repeal and saving. Ord. 4 of 2018. MGIPMRND—1653GI(S3)—13-08-2018. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DEL\ HI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.08.14 10:32:22 +05'30' NOTIFICATION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Homoeopathy Central Council (Amendment) Act, 2018’ (Act No. 23 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 17 Ex-17/2019

- PB - - 1 - NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019:The following Act is hereby re-published for general information. ‘The National Sports University Act, 2018’ (Act No. 25 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 19 THE NATIONAL SPORTS UNIVERSITY ACT, 2018 NO. 25 OF 2018 [17th August, 2018.] An Act to establish and incorporate a National Sports University in the State of Manipur, a specialised University first of its kind, to promote sports educatio\ n in the areas of sports sciences, sports technology, sports management and sports coaching besides functioning as the national training centre for \ select sports disciplines by adopting best international practices and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. (1) This Act may be called the National Sports University Act, 2018. ( 2 ) It extends to the whole of India. ( 3 ) It shall be deemed to have come into force on the 31st day of May, 2018. 2. In this Act, unless the context otherwise requires,— (a ) “Academic and Activity Council” means the Academic and Activity Council of the University; (b ) “academic staff” means such categories of staff as are designated as academic staff by the Ordinances; Short title, extent and commencement. Definitions. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 38] ubZ fnYyh] 'kqØ okj] vxLr 17] 2018@ Jko.k 26] 1940 ¼'kd½ No. 38] NEW DELHI, FRIDAY, AUGUST 17, 2018/SHRAVANA 26, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa \ j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 17th August, 2018/Shravana 26,1940 ( Saka) The following Act of Parliament received the assent of the President on the 17th August, 2018, and is hereby published for general information:— NOTIFICATION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The National Sports University Act, 2018’ (Act No. 25 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 19 Ex-19/2019 - 2 - - 3 - 2THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (c ) “Board of Sports Studies” means the Board of Sports Studies of \ a Department of the University; (d ) “Chancellor” means the Chancellor of the University; ( e ) “College” means a college or other academic institution establi\ shed or maintained by, or admitted to the privileges of, the University; (f) “Court” means the Court of the University; ( g ) “Department” means a Department of Studies and includes a Centr\ e of Studies; ( h ) “employee” means any person appointed by the University and inc\ ludes teachers and other staff of the University; (i) “Executive Council” means the Executive Council of the Universi\ ty; ( j) “Finance Committee” means the Finance Committee of the Universi\ ty; ( k ) “Fund” means the University Fund referred to in section 30; ( l) “Hall” means a unit of residence or of corporate life for the s\ tudents of the University, or of an Outlying Campus or of a College or an Institution, maintained\ by the University; (m ) “Head of the Department” means the head of any teaching departm\ ent of the University; (n ) “Institution” means an academic institution, not being a Colleg\ e, maintained by, or admitted to the privileges of, the University; (o ) “Outlying Campus” means the campus of the University as may be \ established by it at any place within or outside India; (p ) “Principal” means the Head of a College or an Institution maintained by the University and includes, where there is no Principal, the person for the\ time being duly appointed to act as Principal, and in the absence of the Principal, or the acting Principal, a Vice-Principal duly appointed as such; (q ) “Regional Centre” means a centre established or maintained by the University for the purpose of coordinating and supervising the work of Study Centre\ s in any region and for performing such other functions as may be conferred on su\ ch centre by the Executive Council; (r ) “Regulations” means the regulations made by any authority of th\ e University under this Act for the time being in force; (s ) “School” means a School of Studies of the University; ( t) “section” means the section of this Act; ( u ) “State” includes a Union territory; ( v ) “Statutes” and “Ordinances” mean, respectively, the Statutes and the Ordinances of the University for the time being in force; (w ) “Study Centre” means a centre established, maintained or recogn\ ised by the University for the purpose of advising, counselling, training or for ren\ dering any other assistance required by the students; (x ) “teachers of the University” means Professors, Associate Professors, Assistant Professors and such other persons as may be appointed for impa\ rting instructions, training or conducting research in the University or in an\ y Outlying Campus, College or Institution or Regional Centres and Study Centres mai\ ntained by the University and are designated as teachers by the Ordinances; SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 ( y ) “University” means the National Sports University established a\ nd incorporated as a University under this Act; (z ) “Vice-Chancellor” means the Vice-Chancellor of the University. 3. (1 ) There shall be established a University by the name of “National S\ ports University”. (2 ) The headquarters of the University shall be in the State of Manipur and it may establish or maintain Outlying Campuses, Colleges, Regional Centres and Study Centres at such other places in India as it may deem fit: Provided that the University may, with the prior approval of the Central Government, also establish Outlying Campuses and Study Centres outside India. (3 ) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic and Activity Council, and all such persons who may hereafter become such officers or members, so long as they continue to h\ old such office or membership, are hereby constituted a body corporate by the name of “N\ ational Sports University”. (4 ) The University shall have perpetual succession and a common seal, and\ shall sue and be sued by the said name. 4. The objects of the University shall be–– (i) to evolve as an institute of advanced study in the field of physical education and sports sciences; (ii ) to provide for research and development and dissemination of knowledg\ e in physical education and sports sciences by providing specially designed a\ cademic and training programmes in various areas of physical education and sports sciences and training in advanced technologies of sports; (iii ) to strengthen physical education and sports training programmes to promote sports including traditional and tribal sports and games; (iv ) to establish centres and institutions of excellence for imparting sta\ te of the art educational training and research in the fields of physical educatio\ n and sports sciences, sports technology and high performance training for all sports and games; (v ) to provide professional and academic leadership to other institutions in the field of physical education and sports sciences; (vi ) to provide vocational guidance and placement services in physical edu\ cation, sports sciences, sports medicine, sports technology and other related fi\ elds; (vii ) to generate capabilities for the development of knowledge, skills and competences at various levels in the fields of physical education and sports sciences, sports technology and high performance training for all sports and games\ ; (viii ) to generate capabilities to provide infrastructure of international s\ tandard for education, training and research in the areas related to physical ed\ ucation and sports sciences, sports technology and high performance training for all sports and games; (ix ) to prepare highly qualified professionals in the fields of physical e\ ducation and sports sciences, sports technology and high performance training for\ all sports and games; (x ) to serve as a Centre of Excellence for the elite and other talented s\ portspersons of all sports and games and innovation in physical education and sports sciences and to carry out, endorse and propagate research; Establishment of University. Objects of University. Ex-19/2019 - 2 - - 3 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 3 (y ) “University” means the National Sports University established a\ nd incorporated as a University under this Act; (z ) “Vice-Chancellor” means the Vice-Chancellor of the University. 3. (1 ) There shall be established a University by the name of “National S\ ports University”. (2 ) The headquarters of the University shall be in the State of Manipur and it may establish or maintain Outlying Campuses, Colleges, Regional Centres and Study Centres at such other places in India as it may deem fit: Provided that the University may, with the prior approval of the Central Government, also establish Outlying Campuses and Study Centres outside India. (3 ) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic and Activity Council, and all such persons who may hereafter become such officers or members, so long as they continue to h\ old such office or membership, are hereby constituted a body corporate by the name of “N\ ational Sports University”. (4 ) The University shall have perpetual succession and a common seal, and\ shall sue and be sued by the said name. 4. The objects of the University shall be–– (i) to evolve as an institute of advanced study in the field of physical education and sports sciences; (ii ) to provide for research and development and dissemination of knowledg\ e in physical education and sports sciences by providing specially designed a\ cademic and training programmes in various areas of physical education and sports sciences and training in advanced technologies of sports; (iii ) to strengthen physical education and sports training programmes to promote sports including traditional and tribal sports and games; (iv ) to establish centres and institutions of excellence for imparting sta\ te of the art educational training and research in the fields of physical educatio\ n and sports sciences, sports technology and high performance training for all sports and games; (v ) to provide professional and academic leadership to other institutions in the field of physical education and sports sciences; (vi ) to provide vocational guidance and placement services in physical edu\ cation, sports sciences, sports medicine, sports technology and other related fi\ elds; (vii ) to generate capabilities for the development of knowledge, skills and competences at various levels in the fields of physical education and sports sciences, sports technology and high performance training for all sports and games\ ; (viii ) to generate capabilities to provide infrastructure of international s\ tandard for education, training and research in the areas related to physical ed\ ucation and sports sciences, sports technology and high performance training for all sports and games; (ix ) to prepare highly qualified professionals in the fields of physical education and sports sciences, sports technology and high performance training for\ all sports and games; (x ) to serve as a Centre of Excellence for the elite and other talented s\ portspersons of all sports and games and innovation in physical education and sports sciences and to carry out, endorse and propagate research; Establishment of University. Objects of University. Ex-19/2019 - 4 - - 5 - 4THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (xi ) to function as a leading resource centre for knowledge and development in the areas of physical education and sports sciences, sports technology a\ nd high performance training for all sports and games; (xii ) to provide international collaboration in the fields of physical educ\ ation and sports sciences, sports technology and high performance training for all sports and games; (xiii ) to establish close linkage with sports academies, schools, colleges, sports and recreation clubs, sports associations and international federations \ for the purpose of teaching, training and research in physical education and sports scie\ nces, sports technology and high performance training for all sports and games; (xiv ) to train talented athletes so as to help them to evolve into elite at\ hletes of international level; (xv) to make India become a sporting power; ( xvi ) such other objects, not inconsistent with the provisions of this Act, which the Central Government may, by notification in the Official Gazette ,specify in this behalf. 5. (1 ) The University shall have the following powers and functions, namely:\ –– (i) to plan, design, develop and prescribe courses of study and conduct appropriate academic and training programmes in physical education and sports sciences including sports technology and to provide for instruction and training in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge; (ii ) to grant, subject to such conditions as the University may determine,\ diplomas or certificates to, and confer degrees or other academic distinctions on, persons, on the basis of examinations, evaluation or any method of testing, and to w\ ithdraw any such certificates, diplomas, degrees or other academic distinctions for \ good and sufficient cause; (iii ) to provide opportunities to the students of the University to participate in the sports tournaments and competitions in co-ordination with establishe\ d International Sports Federations, National Sports Federations, Indian Olympic Association and Association of Indian Universities; (iv ) to have liaison or membership with various international professional\ organisations or bodies; (v ) to establish and maintain, with the prior approval of the Central Government, such Outlying Campuses, Regional Centres, specialised laboratories or other units for research, instruction and training as are, in the opinion of the Univers\ ity, necessary for the furtherance of its objects; (vi ) to establish, maintain or recognise Study Centres in the manner laid \ down by the Statutes; (vii ) to establish and maintain Colleges, Institutions and Halls; ( viii ) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (ix ) to institute Principalships, Professorships, Associate Professorships, Assistant Professorships and other teaching or academic positions, required by the University and to appoint persons to such Principalships, Professorships, Associate Professorships, Assistant Professorships or other teaching or academic positions; (x ) to appoint persons working in any University or academic institution, including those located outside the country, as teachers of the University for a specified period; Powers and functions of University. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 ( xi ) to create administrative, ministerial and other posts and to make app\ ointments thereto; (xii ) to co-operate or collaborate or associate with any other University o\ r authority or Institution of higher learning, including those located out\ side the country, in such manner and for such purposes as the University, may determine; (xiii ) to provide facilities through the distance education system to such persons and in such manner as may be prescribed by the Statutes; (xiv ) to institute and award fellowships, scholarships, studentship, medals and prizes for raising academic standards and research; (xv) to organise and to undertake extramural studies, training and extensi\ on services; (xvi ) to make provision for research and advisory services and for that pur\ pose, to enter into such arrangements with other institutions, industrial or o\ ther organisations, as the University may deem necessary; (xvii) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators, other academic staff and students; (xviii ) to appoint on contract or otherwise visiting Professors, Emeritus Pro\ fessors, Consultants and such other persons who may contribute to the advancement\ of the objects of the University; (xix ) to determine standards of admission to the University, which may include examination, evaluation or any other method of testing; (xx) to demand and receive payment of fees and other charges; ( xxi ) to supervise the residences of the students of the University and to \ make arrangements for promoting their health and general welfare; (xxii) to lay down conditions of service of all categories of employees, inc\ luding their code of conduct; (xxiii ) to regulate and enforce discipline among the students and the employe\ es, and to take such disciplinary measures in this regard as may be deemed b\ y the University to be necessary; (xxiv ) to make arrangements for promoting the health and general welfare of \ the employees; (xxv ) to receive benefactions, donations and gifts and to acquire, hold and\ manage, and to dispose of, with the previous approval of the Central Gov\ ernment, any property, movable or immovable, including trust and endowment properties, for th\ e purposes of the University; (xxvi ) to borrow, with the previous approval of the Central Government, on the security of the property of the University, money for the purposes of the University; (xxvii ) to conduct innovative experiments and promote new methods and technologies in the fields of physical education, sports sciences, sports medicine, sports technology, sports management and other related fields; (xxviii ) to purchase or to take on lease any land or building or sports complex or sports infrastructure and scientific sports research equipment or indoor stadium or works which may be necessary or convenient for the purposes of the University, on such terms and conditions as it may think fit and proper and to construct, alter and maintain any such building or work; (xxix ) to start any new allied course or research programme or diploma or tr\ aining programme and discontinue any course or training programme; Ex-19/2019 - 4 - - 5 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 5 (xi ) to create administrative, ministerial and other posts and to make app\ ointments thereto; (xii ) to co-operate or collaborate or associate with any other University o\ r authority or Institution of higher learning, including those located out\ side the country, in such manner and for such purposes as the University, may determine; (xiii ) to provide facilities through the distance education system to such persons and in such manner as may be prescribed by the Statutes; (xiv ) to institute and award fellowships, scholarships, studentship, medals and prizes for raising academic standards and research; (xv) to organise and to undertake extramural studies, training and extensi\ on services; (xvi ) to make provision for research and advisory services and for that pur\ pose, to enter into such arrangements with other institutions, industrial or o\ ther organisations, as the University may deem necessary; (xvii) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators, other academic staff and students; (xviii ) to appoint on contract or otherwise visiting Professors, Emeritus Pro\ fessors, Consultants and such other persons who may contribute to the advancement\ of the objects of the University; (xix ) to determine standards of admission to the University, which may include examination, evaluation or any other method of testing; (xx) to demand and receive payment of fees and other charges; ( xxi ) to supervise the residences of the students of the University and to \ make arrangements for promoting their health and general welfare; (xxii) to lay down conditions of service of all categories of employees, inc\ luding their code of conduct; (xxiii ) to regulate and enforce discipline among the students and the employe\ es, and to take such disciplinary measures in this regard as may be deemed b\ y the University to be necessary; (xxiv ) to make arrangements for promoting the health and general welfare of \ the employees; (xxv ) to receive benefactions, donations and gifts and to acquire, hold and\ manage, and to dispose of, with the previous approval of the Central Gov\ ernment, any property, movable or immovable, including trust and endowment properties, for th\ e purposes of the University; (xxvi ) to borrow, with the previous approval of the Central Government, on the security of the property of the University, money for the purposes of the University; (xxvii ) to conduct innovative experiments and promote new methods and technologies in the fields of physical education, sports sciences, sports medicine, sports technology, sports management and other related fields; (xxviii ) to purchase or to take on lease any land or building or sports complex or sports infrastructure and scientific sports research equipment or indoor stadium or works which may be necessary or convenient for the purposes of the University, on such terms and conditions as it may think fit and proper and to construct, alter and maintain any such building or work; (xxix ) to start any new allied course or research programme or diploma or tr\ aining programme and discontinue any course or training programme; Ex-19/2019 - 6 - - 7 - 6THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (xxx ) to invest the funds of the University in or upon such securities and \ transpose any investment from time to time in such manner as it may deem fit in the interest of the University; (xxxi ) to execute conveyances regarding transfers, mortgages, leases, licenses, agreements and other conveyances in respect of the property, movable or immovable, including Government securities, belonging to the University or to be ac\ quired for the purposes of the University, after taking prior permission of the Central Government; (xxxii ) to act as a technical advisory body to Government of India and other National Organisations, State Governments and National Sports Federations on all matters related to sports; (xxxiii ) to provide training, coaching and other back up to high level sports persons for achieving success in different national and international sp\ orts competitions; (xxxiv ) to give effect to the procedures and standards provided under the Khelo India Scheme or the National Sports Talent Search and Identification Scheme; (xxxv ) to confer autonomous status on a College or an Institution in the manner laid down by the Statutes; (xxxvi ) to admit to its privileges any College or Institution in or outside I\ ndia subject to such conditions as may be laid down by the Statutes: Provided that no College or Institution shall be so admitted except with the prior approval of the Central Government; (xxxvii ) to provide for the preparation of instructional and training material\ s, including films, cassettes, tapes, video cassettes and other software; (xxxviii ) to recognise persons for imparting instructions in any College or Institution admitted to the privileges of the University; and (xxxix ) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects. ( 2 ) The University shall in the exercise of its powers have jurisdiction \ over the whole of India and to the Outlying Campuses and Study Centres outside India. (3 ) In exercising its powers referred to in sub-section ( 1), it shall be the endeavour of the University to maintain an all-India character and high standards of \ teaching, training and research, and the University shall, among other measures which may be ne\ cessary for the said purpose, take, in particular, the following measures, namely:— (i) admissions of students and recruitment of faculty shall be made on all-India basis through appropriate procedures approved by the Executive Council o\ f the University; (ii ) foreign students shall be admitted by the University to various cours\ es and programmes as per the policy and schemes of the Government of India and \ the procedure approved by the Executive Council of the National Sports University; (iii ) inter-University mobility of faculty with portable pension scheme benefits, if any, and protection of seniority shall be encouraged; (iv ) semester system, continuous evaluation and choice-based credit system shall be introduced and the University shall enter into agreement with other Universities and academic institutions for credit transfer and joint degree programmes; (v ) innovative courses and programmes of studies shall be introduced with\ a provision for periodic review and restructuring; (vi ) active participation of students shall be ensured in all academic act\ ivities of the University, including evaluation of teachers; SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 ( vii ) accreditation shall be obtained from the National Assessment and Accreditation Council or any other accrediting agency at the national le\ vel; and (viii ) e-governance shall be introduced with effective management informatio\ n. 6. The University shall be open to persons of any sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitl\ e such person to be appointed as a teacher of the University or to hold any other office the\ rein or to be admitted as a student in the University or to graduate thereat or to enjoy or exe\ rcise any privilege thereof: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, pers\ ons with disabilities or of persons belonging to the weaker sections of the society and, in pa\ rticular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educat\ ionally backward classes of citizens: Provided further that no such special provision shall be made on the gro\ und of domicile. 7. (1 ) The Central Government may, from time to time, appoint one or more persons to review the work and progress of the University, including Outlying Campuses, Colleges, Institutions, Regional Centres and Study Centres maintained by it, and to submit a report thereon; and upon receipt of that report, the Central Government may, after obtaining the views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions, as it considers necessary, in respect of any of the matters dealt with in the report and the University shall abide by such action and be bound to comply with such directions. (2 ) The Central Government shall have the right to cause an inspection to be made by such person or persons, as it may direct, of the University, its buildings, sports complexes, libraries, laboratories and equipment, and of any Outlying Campus or College or Institution or Regional Centres or Study Centres maintained by the University; and a\ lso of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions or Regional Centres or Study Centres. (3 ) The Central Government shall, in every matter referred to in sub-sect\ ion ( 2), give notice of its intention to cause an inspection or inquiry to be made, to\ the University, and the University shall have the right to make such representations to the Central Government, as it may consider necessary. (4 ) After considering the representations, if any, made by the University, the Central Government may cause to be made such inspection or inquiry as is referre\ d to in sub-section ( 3). ( 5 ) Where any inspection or inquiry has been caused to be made by the Cen\ tral Government, the University shall be entitled to appoint a representative\ , who shall have the right to be present and be heard at such inspection or inquiry. (6 ) The Central Government may, if the inspection or inquiry is made in respect of the University or any Outlying Campus or College or Institution or Regional Centre or Study Centre established or maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the Central Government may be pleased to \ offer, and on receipt of address made by the Central Government, the Vice-Chancellor shall communicate to the Executive Council the views of the Central Government with such advice as the Central Government may offer upon the action to be taken thereon. (7 ) The Executive Council shall communicate through the Vice-Chancellor to the Central Government such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. University to be open to all caste, creed, race or class. Central Government to review work and progress of University. Ex-19/2019 - 6 - - 7 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 7 (vii ) accreditation shall be obtained from the National Assessment and Accreditation Council or any other accrediting agency at the national le\ vel; and (viii ) e-governance shall be introduced with effective management informatio\ n. 6. The University shall be open to persons of any sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitl\ e such person to be appointed as a teacher of the University or to hold any other office the\ rein or to be admitted as a student in the University or to graduate thereat or to enjoy or exe\ rcise any privilege thereof: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, pers\ ons with disabilities or of persons belonging to the weaker sections of the society and, in pa\ rticular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educat\ ionally backward classes of citizens: Provided further that no such special provision shall be made on the gro\ und of domicile. 7. (1 ) The Central Government may, from time to time, appoint one or more persons to review the work and progress of the University, including Outlying Campuses, Colleges, Institutions, Regional Centres and Study Centres maintained by it, and to submit a report thereon; and upon receipt of that report, the Central Government may, after obtaining the views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions, as it considers necessary, in respect of any of the matters dealt with in the report and the University shall abide by such action and be bound to comply with such directions. (2 ) The Central Government shall have the right to cause an inspection to be made by such person or persons, as it may direct, of the University, its buildings, sports complexes, libraries, laboratories and equipment, and of any Outlying Campus or College or Institution or Regional Centres or Study Centres maintained by the University; and a\ lso of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions or Regional Centres or Study Centres. (3 ) The Central Government shall, in every matter referred to in sub-sect\ ion ( 2), give notice of its intention to cause an inspection or inquiry to be made, to\ the University, and the University shall have the right to make such representations to the Central Government, as it may consider necessary. (4 ) After considering the representations, if any, made by the University, the Central Government may cause to be made such inspection or inquiry as is referre\ d to in sub-section ( 3). ( 5 ) Where any inspection or inquiry has been caused to be made by the Cen\ tral Government, the University shall be entitled to appoint a representative\ , who shall have the right to be present and be heard at such inspection or inquiry. (6 ) The Central Government may, if the inspection or inquiry is made in respect of the University or any Outlying Campus or College or Institution or Regional Centre or Study Centre established or maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the Central Government may be pleased to \ offer, and on receipt of address made by the Central Government, the Vice-Chancellor shall communicate to the Executive Council the views of the Central Government with such advice as the Central Government may offer upon the action to be taken thereon. (7 ) The Executive Council shall communicate through the Vice-Chancellor to the Central Government such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. University to be open to all caste, creed, race or class. Central Government to review work and progress of University. Ex-19/2019 - 8 - - 9 - 8THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (8 ) Where, the Executive Council does not, within a reasonable time, take\ action to the satisfaction of the Central Government, it may, after considering any explanation furnished or representation made by the Executive Council, issue such directions, as it may think fit, and the Executive Council shall comply with such directions. (9 ) Without prejudice to the foregoing provisions of this section, the Centra\ l Government may, by order in writing, annul any proceeding of the University which is not in conformity with the provisions of this Act or the Statutes or the Ordinances: Provided that before making any such order, the Central Government shall call upon the Vice-Chancellor to show cause why such an order should not be made, and, \ if any cause is shown within a reasonable time, it shall consider the same. (10 ) The Central Government shall have such other powers, in respect of th\ e affairs of the University, as may be prescribed by the Statutes. 8. The following shall be the officers of the University, namely:— (a ) the Chancellor; ( b ) the Vice-Chancellor; ( c ) the Deans of Schools; ( d ) the Registrar; ( e ) the Finance Officer; ( f) the Controller of Examinations; ( g ) the Librarian; and ( h ) such other officers as may be declared by the Statutes to be the offi\ cers of the University. 9. (1 ) The Chancellor shall be appointed by the Central Government in such manner as may be prescribed by the Statutes. (2 ) The Chancellor shall, by virtue of his office, be the head of the Uni\ versity and shall, if present, preside at the Convocations of the University held for conferring degrees and other ceremonial functions and also the meetings of the Court. 10. (1) The Vice-Chancellor shall be appointed by the Central Government in such manner as may be prescribed by the Statutes. (2 ) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the a\ ffairs of the University and give effect to the decisions of all the authorities of the University. (3 ) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or \ under this Act and shall apprise such authority at its next meeting the action taken by him on such matter: Provided that if the authority concerned is of the opinion that such act\ ion ought not to have been taken, it may refer the matter to the Central Government whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to represent against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. (4 ) Where the Vice-Chancellor is of the opinion that any decision taken by any authorit\ y of the University is beyond the powers of the authority conferred under the provisions of Officers of University. Chancellor. Vice- Chancellor. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9 this Act or the Statutes or the Ordinances, or that any decision taken by the authority i\ s not in the interest of the University, he may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to revie\ w the decision either in whole or in part or no decision is taken by it within the said period\ of sixty days, the matter shall be referred to the Central Government whose decision thereon shall be final. (5 ) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances. 11 . Every Dean of School shall be appointed in such manner, and on such terms and conditions of service, and shall exercise such powers and perform such d\ uties, as may be prescribed by the Statutes. 12. (1) The Registrar shall be appointed in such manner, and on such terms and conditions of service, as may be prescribed by the Statutes. (2 ) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. 13. The Finance Officer shall be appointed in such manner, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. 14. Controller of Examinations shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. 15. The Librarian shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as m\ ay be prescribed by the Statutes. 16. The manner of appointment and powers and duties of other officers of th\ e University shall be prescribed by the Statutes. 17. The following shall be the authorities of the University, namely:— (a ) the Court; ( b ) the Executive Council; ( c ) the Academic and Activity Council; ( d ) the Board of Sports Studies; ( e ) the Finance Committee; ( f) such other authorities as may be declared by the Statutes to be the authorities of the University. 18. (1) The constitution of the Court and the term of office of its members s\ hall be prescribed by the Statutes. (2 ) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:— (a ) to review, from time to time, the broad policies and programmes of the University, and to suggest measures for the improvement and development of the University; (b ) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts; (c ) to advise the Central Government in respect of any matter which may b\ e referred to it for advice; and (d ) to perform such other functions as may be prescribed by the Statutes. 19. (1) The Executive Council shall be the principal executive body of the University. Deans of Schools. Registrar. Finance Officer. Authorities of University. Controller of Examinations. Librarian. Other officers. The Court. Executive Council. Ex-19/2019 - 8 - - 9 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 9 this Act or the Statutes or the Ordinances, or that any decision taken by the authority i\ s not in the interest of the University, he may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to revie\ w the decision either in whole or in part or no decision is taken by it within the said period\ of sixty days, the matter shall be referred to the Central Government whose decision thereon shall be final. (5 ) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances. 11 . Every Dean of School shall be appointed in such manner, and on such terms and conditions of service, and shall exercise such powers and perform such d\ uties, as may be prescribed by the Statutes. 12. (1) The Registrar shall be appointed in such manner, and on such terms and conditions of service, as may be prescribed by the Statutes. (2 ) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. 13. The Finance Officer shall be appointed in such manner, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. 14. Controller of Examinations shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. 15. The Librarian shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as m\ ay be prescribed by the Statutes. 16. The manner of appointment and powers and duties of other officers of th\ e University shall be prescribed by the Statutes. 17. The following shall be the authorities of the University, namely:— (a ) the Court; ( b ) the Executive Council; ( c ) the Academic and Activity Council; ( d ) the Board of Sports Studies; ( e ) the Finance Committee; ( f) such other authorities as may be declared by the Statutes to be the authorities of the University. 18. (1) The constitution of the Court and the term of office of its members s\ hall be prescribed by the Statutes. (2 ) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:— (a ) to review, from time to time, the broad policies and programmes of the University, and to suggest measures for the improvement and development of the University; (b ) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts; (c ) to advise the Central Government in respect of any matter which may b\ e referred to it for advice; and (d ) to perform such other functions as may be prescribed by the Statutes. 19. (1) The Executive Council shall be the principal executive body of the University. Deans of Schools. Registrar. Finance Officer. Authorities of University. Controller of Examinations. Librarian. Other officers. The Court. Executive Council. Ex-19/2019 - 10 - - 11 - 10THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (2 ) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes. 20. (1) The Academic and Activity Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, co-ordinate and exercise general supervision over the academic policies \ of the University. (2 ) The constitution of the Academic and Activity Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes\ : Provided that the Academic and Activity Council shall have sports persons who have achieved distinction in Olympics or world championships. 21. The constitution, powers and functions of the Board of Sports Studies shall be prescribed by the Statutes. 22. The constitution, powers and functions of the Finance Committee shall b\ e prescribed by the Statutes. 23. The constitution, powers and functions of other authorities, as may be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes. 24. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:— (a ) the constitution, powers and functions of authorities and other bodies o\ f the University, as may be constituted from time to time; (b ) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be neces\ sary or desirable to provide; (c ) the appointment, powers and duties of the officers of the University and\ their emoluments; (d ) the appointment of teachers, academic staff and other employees of the University, the emoluments and conditions of service; (e ) the appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project; (f) the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of service and disc\ iplinary action; (g ) the principles governing the seniority of service of the employees of th\ e University; (h ) the procedure for arbitration in cases of dispute between employees or students and the University; (i) the procedure for appeal to the Executive Council by any employee or stu\ dent against the action of any officer or authority of the University; (j) the conferment of autonomous status on a College or an Institution or a Department; (k ) the establishment and abolition of Schools, Departments, Centres, Halls,\ Colleges, Institutions, Regional Centres and Study Centres; (l) the conferment of honorary degrees; ( m )the conferment and withdrawal of degrees, diplomas, certificates and oth\ er academic distinctions; Academic and Activity Council. Power to make Statutes. Board of Sports Studies. Finance Committee. Other authorities of University. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11 ( n )the management of Colleges, Institutions, Regional Centres and Study Cen\ tres established and maintained by the University; (o ) the delegation of powers vested in the authorities or officers of the University; (p ) the maintenance of discipline among the employees and students; and ( q ) all other matters which by this Act are to be, or may be, provided for by the Statutes. 25. (1) The first Statutes are those set out in the Schedule to this Act. ( 2 ) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal any Statutes referred to in sub-section ( 1): Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on proposed changes, and any opinion so expressed shall be considered by the Executive Council. (3 ) Every new Statutes or Statutes amending or repealing existing Statute\ s shall require the approval of the Central Government and unless so approved, they shall be invalid. (4 ) Notwithstanding anything contained in the foregoing sub-sections, the Central Government may make new or additional Statutes or amend or repeal the St\ atutes referred to in sub-section ( 1), during the period of three years immediately after the commencement \ of this Act: Provided that the Central Government may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed Statutes as it may consider necessary and such detailed Statutes shall be laid before both \ Houses of Parliament. (5 ) Notwithstanding anything contained in this section, the Central Gover\ nment may direct the University to make provisions in the Statutes in respect of any matter specified by it and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Central Government may, after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make or amend the Statutes suitably. 26. (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:— (a ) the admission of students to the University and their enrolment as such; ( b ) the courses of study and their duration to be laid down for all degrees,\ diplomas and certificates of the University; (c ) the medium of instruction and examination; ( d ) the award of degrees, diplomas, certificates and other academic distinc\ tions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e ) the fees to be charged for courses of study in the University and for admission to examinations, degrees and diplomas of the University; (f) the conditions for award of fellowships, scholarships, studentships, medals and prizes; (g ) the conduct of examinations, including the term of office and manner \ of appointment and the duties of examining bodies, examiners and moderators\ ; (h ) the conditions of residence of the students of the University; Statutes, how to be made. Power to make Ordinances. Ex-19/2019 - 10 - - 11 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 11 (n )the management of Colleges, Institutions, Regional Centres and Study Cen\ tres established and maintained by the University; (o ) the delegation of powers vested in the authorities or officers of the University; (p ) the maintenance of discipline among the employees and students; and ( q ) all other matters which by this Act are to be, or may be, provided for by the Statutes. 25. (1) The first Statutes are those set out in the Schedule to this Act. ( 2 ) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal any Statutes referred to in sub-section ( 1): Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on proposed changes, and any opinion so expressed shall be considered by the Executive Council. (3 ) Every new Statutes or Statutes amending or repealing existing Statute\ s shall require the approval of the Central Government and unless so approved, they shall be invalid. (4 ) Notwithstanding anything contained in the foregoing sub-sections, the Central Government may make new or additional Statutes or amend or repeal the St\ atutes referred to in sub-section ( 1), during the period of three years immediately after the commencement \ of this Act: Provided that the Central Government may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed Statutes as it may consider necessary and such detailed Statutes shall be laid before both \ Houses of Parliament. (5 ) Notwithstanding anything contained in this section, the Central Gover\ nment may direct the University to make provisions in the Statutes in respect of any matter specified by it and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Central Government may, after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make or amend the Statutes suitably. 26. (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:— (a ) the admission of students to the University and their enrolment as such; ( b ) the courses of study and their duration to be laid down for all degrees,\ diplomas and certificates of the University; (c ) the medium of instruction and examination; ( d ) the award of degrees, diplomas, certificates and other academic distinc\ tions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e ) the fees to be charged for courses of study in the University and for admission to examinations, degrees and diplomas of the University; (f) the conditions for award of fellowships, scholarships, studentships, medals and prizes; (g ) the conduct of examinations, including the term of office and manner \ of appointment and the duties of examining bodies, examiners and moderators\ ; (h ) the conditions of residence of the students of the University; Statutes, how to be made. Power to make Ordinances. Ex-19/2019 - 12 - - 13 - 12THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (i) the special arrangements, if any, which may be made for the residence and teaching of women students and the prescribing of special courses of stu\ dies for them; (j) the establishment of Centres of Studies, Board of Studies, Specialise\ d Laboratories and other Committees; (k ) the manner of co-operation and collaboration with other Universities,\ institutions and other agencies including learned bodies or associations\ ; (l) the creation, composition and functions of any other body which is co\ nsidered necessary for improving the academic life of the University; (m ) the institution of fellowships, scholarships, studentships, medals and prizes; ( n ) the setting up of a machinery for redressal of grievances of employees and students; and (o ) any other matter which, by this Act or the Statutes, is to be or may be, provided for by the Ordinances. ( 2 ) The first Ordinances shall be made by the Vice-Chancellor with previous approval of the Executive Council and the Ordinances so made may also be amended \ or repealed at any time by the Executive Council in the manner prescribed by the Statutes. 27. The authorities of the University may make Regulations, consistent with \ this Act, the Statutes and the Ordinances, for the conduct of their own business a\ nd that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes. 28. (1) The annual report of the University shall be prepared under the directions of Executive Council, which shall include, among other matters, the steps t\ aken by the University towards the fulfilment of its objects and shall be submitted to the Cour\ t on or before such date as may be prescribed by the Statutes and the Court shall consider t\ he report in its annual meeting. (2 ) The Court shall submit the annual report to the Central Government along with its comments, if any. (3 ) The Central Government shall, as soon as may be, cause a copy of the \ annual report to be laid before both the Houses of Parliament. 29. (1) The annual accounts and balance-sheet of the University shall be prep\ ared under the directions of the Executive Council and shall, once at least e\ very year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he may authorise in this behalf. (2 ) A copy of the annual accounts together with the audit report thereon shal\ l be submitted to the Court and the Central Government along with the observa\ tions of the Executive Council. (3 ) Any observations made by the Central Government on the annual accounts s\ hall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be submitted to the Central G\ overnment. (4 ) The Central Government shall, as soon as may be, cause the copy of th\ e annual accounts together with the audit report to be laid before both the Houses of Parliament. (5 ) The audited annual accounts after having been laid before both the Houses of Parliament shall be published in the Official Gazette. 30. (1) There shall be a University Fund which shall include–– ( a ) any contribution or grant made by the University Grants Commission or\ the Central Government; Regulations. Annual report. Annual accounts. Fund of University. Ex-19/2019 - 12 - - 13 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 13 (b ) any contribution or grant made by the State Government; ( c ) any contribution made by Government, semi-Government or autonomous bodies; (d ) any loans, gifts, bequests, donations, endowments or other grants, if any; ( e ) income received by the University from fees and charges; ( f) the moneys received by the University from the collaborating industri\ es in terms of the provisions of the Memorandum of Understanding entered between the University and the industry for the establishment of sponsored chairs, fellowships or infrastructure facilities of the University; and (g ) amounts received in any other manner from any other source. ( 2 ) All funds of the University shall be deposited in such banks or invested\ in such manner as the Board may decide on the recommendation of the Finance Committee. (3 ) The funds of the University shall be applied towards the expenses o\ f the University including expenses incurred in the exercise of its powers and discharge \ of its functions by or under this Act. 31. The University shall furnish to the Central Government such returns or other information with respect to its property or activities, within such period, as the Central Government may, from time to time, require. 32. (1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned. (2 ) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by t\ he employee concerned and an umpire appointed by the Central Government. (3 ) The decision of the Tribunal shall be final and no suit shall lie in \ any civil court in respect of the matters decided by the Tribunal: Provided that nothing in this sub-section shall preclude the employee from availing of judicial remedies available under articles 32 and 226 of the Constitution. (4 ) Every request made by the employee under sub-section ( 2) shall be deemed to be a submission to arbitration upon the terms of this section within the me\ aning of the Arbitration and Conciliation Act, 1996. (5 ) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes. 33. (1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him,\ appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be. (2) Any dispute arising out of any disciplinary action taken by the Universi\ ty against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections ( 2), ( 3), ( 4) and (5 ) of section 32 shall, as far as may be, apply to a reference made under this sub-section. 34. Every employee or student of the University or of a College or an Institution or a Regional Centre or a Study Centre established or maintained by the Unive\ rsity shall, Returns and information. Procedure of appeal and arbitration in disciplinary cases against students. Right to appeals. 26 of 1996. Conditions of service of employees, etc. Ex-19/2019 - 14 - - 15 - 14THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— notwithstanding anything contained in this Act, have a right to appeal to the Executive Council within such time, as may be prescribed by the Statutes, against the decision of any officer or authority of the University, or of the Principal or the management of any College or Institution or Regional Centre or Study Centre, as the case may be, and thereupon, the Executive Council may confirm, modify or reverse the decision appealed a\ gainst. 35. (1) The University shall constitute for benefit of its employees such pro\ vident fund or any other similar fund or provide such insurance schemes, as it \ may deem fit, in such manner and subject to such conditions, as may be prescribed by the Statu\ tes. (2 ) Where such provident fund or other similar fund has been so constitut\ ed, the Central Government may declare that the provisions of the Provident Funds Act, 1925 shall apply to such fund, as if it were a Government provident fund. 36.If any question arises as to whether any person has been duly elected or\ appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Central Government whose decision thereon shall be final. 37. All casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become v\ acant and the persons appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose\ place he fills would have been a member. 38. No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies amon\ g its members. 39. No suit or other legal proceedings shall lie against any officer or oth\ er employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances. 40. Notwithstanding anything contained in the Indian Evidence Act, 1872 or in any other law for the time being in force, a copy of any receipt, applicatio\ n, notice, order, proceeding or resolution of any authority or other body of the University, or any other document in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence. 41. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2 ) Every order made under sub-section ( 1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a tot\ al period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the succe\ ssive sessions aforesaid, both Houses agree in making any modification in the order or \ both Houses agree that the order should not be made, the order shall thereafter have effec\ t only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. 19 of 1925. 1 of 1872. Provident and pension funds. Disputes as to constitution of authorities and bodies. Filling of casual vacancies. Proceedings of authorities or bodies not invalidated by vacancies. Protection of action taken in good faith. Mode of proof of University record. Power to remove difficulties. Ex-19/2019 - 14 - - 15 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 15 42. (1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette. (2 ) Every Statute, Ordinance or Regulation made under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or\ more successive sessions, and if, before the expiry of the session immediately following\ the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinances or Regulations or both Houses agree that the Statute, Ordinances or Regulations should not be made, the Statute, Ordinances or Regulations shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the Statute, Ordinances or Regulations. (3 ) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrosp\ ective effect shall be given to any Statutes, Ordinances or Regulations so as to prejudicially \ affect the interests of any person to whom such Statutes, Ordinances or Regulations may be appli\ cable. 43. Notwithstanding anything contained in this Act and the Statutes,— (a ) the first Vice-Chancellor shall be appointed by the Central Government in such manner and on such conditions as may be deemed fit and the said officer shall hold office for such term, not exceeding five years, as may be specified\ by the Central Government; (b ) the first Registrar and the first Finance Officer shall be appointed by the Central Government and each of the said officers shall hold office for a\ term of three years; (c ) the first Court and the first Executive Council shall consist of not \ more than thirty-one members and eleven members, respectively, who shall be nominated by the Central Government and shall hold office for a term of three years; and (d ) the first Academic and Activity Council shall consist of not more than twenty-one members, who shall be nominated by the Central Government and\ they shall hold office for a term of three years: Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Centr\ al Government and the person so appointed or nominated shall hold office for so long as th\ e officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred. 44. (1) The National Sports University Ordinance, 2018 is hereby repealed. ( 2 ) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. Transitional provisions. Repeal and savings. Ord. 5 of 2018. Ex-19/2019 - 16 - - 17 - 16THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— THE SCHEDULE [ See section 25( 1)] The Statutes of the University 1. ( 1) The Chancellor shall be appointed by the Central Government from a pa\ nel of names of not less than three persons recommended by the Executive Counci\ l: Provided that if the Central Government does not approve any of the pers\ ons included in the panel, it may call for an extended fresh panel. (2 ) The Chancellor shall be an eminent person in the field of sports who \ shall either be a sports person himself or a Sports Administrator or a Sports Academician. (3 ) The Chancellor shall hold office for the term of five years and shall not be eligible for re-appointment: Provided that notwithstanding the expiry of his term of office, the Chancellor shall continue to hold office until his successor enters upon his office. 2. (1) The Vice-Chancellor shall be appointed by the Central Government from out of a panel of names recommended by a Committee as constituted under clause \ ( 2): Provided that if the Central Government does not approve any of the pers\ ons included in the panel, it may call for an extended fresh panel. (2 ) The Committee referred to in clause ( 1) shall consist of five persons, out of whom three shall be nominated by the Executive Council and two by the Central Government, and one of the nominees of the Central Government shall be the convener of t\ he Committee: Provided that none of the members of the Committee shall be an employee \ of the University or of a College or Institution or Regional Centre or Study Ce\ ntre established or maintained by the University or a member of any authority of the Univers\ ity. (3 ) The Vice-Chancellor shall be a whole-time salaried officer of the University. ( 4 ) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier, and he shall not be eligible for re-appointment: Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office: Provided further that the Central Government may direct any Vice-Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by it: Provided also that when the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or, as the case may be, due to illness or such other cause, the Executive Council may appoint the senior-most Dean to perform the fu\ nctions of the Vice-Chancellor until a new Vice-Chancellor is appointed or, as the case may be, the existing Vice-Chancellor resumes his duties. (5 ) Notwithstanding anything contained in clause ( 4), the Central Government may, at any time after the Vice-Chancellor has entered upon his office, by an order in writing, remove the Vice-Chancellor from office on grounds of incapacity, misconduct or violation of statutory provisions: Provided that no such order shall be made by the Central Government unle\ ss the Vice-Chancellor has been given a reasonable opportunity of showing cause against the action proposed to be taken against him: Chancellor. Vice-Chancellor. Ex-19/2019 - 16 - - 17 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 17 Provided further that the Central Government may, at any time before making such order, place the Vice-Chancellor under suspension, pending enquiry. (6 ) ( a) The Vice-Chancellor shall be paid a monthly salary and allowances, other than\ house rent allowance, at the rates fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such residence. (b ) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Central Government from time to time: Provided that where an employee of the University or of a College, Insti\ tution, Regional Centre or Study Centre established or maintained by the University, or of any other University or any College or Institution admitted to the privileges of the Universi\ ty or such other University, is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall c\ ontribute to the account of such person in that provident fund at the same rate at which \ the person had been contributing immediately before his appointment as the Vice-Chancellor: Provided further that where such employee had been a member of any pension scheme, the University shall make the necessary contribution to such scheme. (c ) The Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Executive Council. (d ) The Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in adv\ ance in two half-yearly instalments of fifteen days each on the first day of January and July every year: Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice-Chancellor during the currency of a half-year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service. (e ) In addition to the leave referred to in sub-clause ( d), the Vice-Chancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service, and half-pay leave may also be availed of as commuted leave on full pay on medical certificate: Provided that when such commuted leave is availed of, twice the amount o\ f half-pay leave shall be debited against half-pay leave due. 3. (1) The Vice-Chancellor shall be ex officio Chairman of the Executive Council, the Academic and Activity Council and the Finance Committee and shall, in the absence of \ the Chancellor, preside at the Convocations held for conferring degrees and at meeting\ s of the Court. (2 ) The Vice-Chancellor shall be entitled to be present at, and address, any meet\ ing of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body. (3 ) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed and he shall have all t\ he powers necessary to ensure such observance. (4 ) The Vice-Chancellor shall have all the powers necessary for the proper mainte\ nance of discipline in the University and he may delegate any such powers to such person or persons as he deems fit. (5 ) The Vice-Chancellor shall have the power to convene or cause to be convened t\ he meetings of the Executive Council, the Academic and Activity Council and the Finance Committee. Powers and duties of V ice- Chancellor. Ex-19/2019 - 18 - - 19 - 18THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— 4. (1) Every Dean of School shall be appointed by the Vice-Chancellor from amongst the Professors in the School by rotation in order of seniority for a per\ iod of three years: Provided that in case there is only one Professor or no Professor in a S\ chool, the Dean shall be appointed, for the time being, from amongst the Professor, if any, and the Associate Professors in the School, by rotation in the order of seniority: Provided further that a Dean on attaining the age of sixty-five years shall cease to hold office as such. (2 ) When the office of the Dean is vacant or when the Dean is, by reason \ of illness, absence or any other cause, unable to perform duties of his office, the \ duties of the office shall be performed by the senior-most Professor or Associate Professor, as the case may be, in the School. (3 ) The Dean shall be the Head of the School and shall be responsible for\ the conduct and maintenance of the standards of teaching and research in the School and shall have such other functions as may be prescribed by the Ordinances. (4 ) The Dean shall have the right to be present and to speak at any meeting of the Boards of Sports Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is a member thereof. 5.(1 ) The Registrar shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose and shall be whole-time salaried officer of University. (2 ) The Registrar shall be appointed for a term of five years and shall be eligible for re-appointment. (3 ) The emoluments and other terms and conditions of service of the Regis\ trar shall be such as may be prescribed by the Executive Council from time to time:\ Provided that the Registrar shall retire on attaining the age of sixty-two years. (4 ) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5 ) ( a) The Registrar shall have power to take disciplinary action against su\ ch of the employees, excluding teachers and other academic staff, as may be specified in the order of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increm\ ent: Provided that no such penalty shall be imposed unless the person has been given a reasonable opportunity of showing cause against the action proposed to b\ e taken in regard to him. (b ) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause ( a). ( c ) In a case where the inquiry discloses that a punishment beyond the power of the Registrar is called for, the Registrar shall, upon the conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendation: Provided that an appeal shall lie to the Executive Council against an or\ der of the Vice-Chancellor imposing any penalty. (6 ) The Registrar shall be ex officio Secretary of the Executive Council and the Academic and Activity Council, but shall not be deemed to be member of either of thes\ e authorities and he shall be ex officio Member-Secretary of the Court. Deans of Schools. Registrar. Ex-19/2019 - 18 - - 19 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 19 (7 ) It shall be the duty of the Registrar— (a ) to be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charge; (b ) to issue all notices convening meetings of the Court, the Executive C\ ouncil, the Academic and Activity Council and of any Committee appointed by those authorities; (c ) to keep the minutes of all the meetings of the Court, the Executive Council, the Academic and Activity Council and of any Committees appointed by those authorities; (d ) to conduct the official correspondence of the Court, the Executive Council and the Academic and Activity Council; (e ) to supply to the Central Government, copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings; (f) to represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and (g ) to perform such other duties as may be specified in the Statutes, the\ Ordinances or Regulations or as may be required from time to time by the\ Executive Council. 6. (1 ) The Finance Officer shall be appointed by the Executive Council on th\ e recommendations of the Selection Committee constituted for the purpose \ and shall be a whole-time salaried officer of the University. (2 ) The Finance Officer shall be appointed for a term of five years and shall be eligible for re-appointment. (3 ) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Executive Council form time to\ time: Provided that the Finance Officer shall retire on attaining the age of sixty-two years. (4 ) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5 ) The Finance Officer shall be ex officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee. (6 ) The Finance Officer shall— (a ) exercise general supervision over the funds of the University and sha\ ll advise it as regards its financial policy; and (b ) perform such other financial function as may be assigned to him by the Executive Council or as may be prescribed by the Statutes or the Ordinances. ( 7 ) Subject to the control of the Executive Council, the Finance Officer shall— (a ) hold and manage the property and investments of the University including trust and endowed property; (b ) ensure that the limits fixed by the Executive Council for recurring a\ nd non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted; Finance Officer. Ex-19/2019 - 20 - - 21 - 20THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (c ) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council; (d ) keep a constant watch on the state of the cash and bank balances and on the state of investments; (e ) watch the progress of the collection of revenues and advise on the methods of collection employed; (f) ensure that the registers of buildings, land, furniture and equipment are maintained up to date and that stock-checking is conducted, of equipment\ and other consumable materials in all offices, Departments, Centres and Specialise\ d Laboratories; (g ) bring to the notice of the Vice-Chancellor any unauthorised expenditure and other financial irregularities and suggest disciplinary action against p\ ersons at fault; and (h ) call for, from any office, Department, Centre, Laboratory, College, Institution, Regional Centre or Study Centre established or maintained by the University, any information or returns that he may consider necessary for the performanc\ e of his duties. ( 8 ) Any receipt given by the Finance Officer or the person or persons duly authorised in this behalf by the Executive Council for any money payable to Univers\ ity shall be sufficient discharge for payment of such money. 7. (1) The Controller of Examinations shall be appointed by the Executive Council on the recommendations of a Selection Committee constituted for the purpose\ and he shall be a whole-time salaried officer of the University. (2 ) The Controller of Examinations shall be appointed for a term of five \ years and shall be eligible for re-appointment. (3 ) The emoluments and other terms and conditions of service of the Contr\ oller of Examinations shall be such as may be prescribed by the Executive Council from time to time: Provided that the Controller of Examinations shall retire on attaining t\ he age of sixty-two years. (4 ) When the officer of the Controller of Examinations is vacant or when \ the Controller of Examinations is, by reason of illness, absence or any other cause, un\ able to perform the duties of his office, shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5 ) The Controller of Examinations shall arrange for and superintend the examinations of the University in the manner prescribed by the Ordinances. 8. (1) The Librarian shall be appointed by the Executive Council on the reco\ mmendations of the Selection Committee constituted for the purpose and he shall be a\ whole-time salaried officer of the University. (2 ) The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Executive Council. 9. (1) The Court shall consist of the following members who shall hold offic\ e for a period of three years, namely:— (a ) Ex officio Members:— ( i) the Chancellor; ( ii ) the Vice-Chancellor; ( iii ) the Proctor; ( iv ) the Deans of Schools; Controller of Examinations. Librarian. Constitution and meetings of Court. Ex-19/2019 - 20 - - 21 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 21 (v ) the Dean of Students' Welfare; ( vi ) the Finance Officer; ( vii ) one Senior Warden, by rotation; ( viii ) the Librarian of the University; ( ix ) the President, Alumni Association; ( b ) other Members: (i) Heads of Departments or Professors who are members of the Academic and Activity Council; (ii ) one representative from each institution recognised by the university\ , nominated by the Vice-Chancellor on recommendations of the Head of the Institution; (iii ) not more than four persons from amongst eminent sports scientists, sports academicians and sports administrators to be nominated by the Central Government; (iv ) not more than two persons representing sports industry, to be nominated by the Central Government; (v ) not more than ten persons from amongst eminent sports persons and highly recognised coaches to be nominated by the Central Government; ( c ) the Registrar, who shall be the ex officio Member Secretary. ( 2 ) An annual meeting of the Court shall be held on a date to be fixed by th\ e Executive Council unless some other date has been fixed by the Court in respect of any year. (3 ) At an annual meeting of the Court, a report on the working of the University during the previous year, together with a statement of the receipts and expenditure, the balance\ - sheet as audited, and financial estimates for the next year shall be presented. (4 ) A copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause ( 2) shall be sent to every member of the Court at least seven days before the date of the annual meeting. (5 ) Special meetings of the Court may be convened by the Executive Council or the Vice-Chancellor or if there is no Vice-Chancellor, by the Registrar. (6 ) Eleven members of the Court shall form a quorum for a meeting of the \ Court. 10. Seven members of the Executive Council shall form a quorum for a mee\ ting of the Executive Council. 11. (1) The Executive Council shall consist of the following members to be no\ minated by the Central Government who shall hold office for a period of two years, namely:— (a ) Ex officio Members: ( i) the Vice-Chancellor; ( ii ) the Proctor; ( iii ) the Deans of Students' Welfare; ( iv ) the Additional Secretary and Financial Advisor, Ministry of Youth Affairs and Sports; (v ) the Joint Secretary, Ministry of Youth Affairs and Sports; ( vi ) the Deans of Schools; Quorum for meeting of Executive Council. Constitution, powers and functions of Executive Council. Ex-19/2019 - 22 - - 23 - 22THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (b ) Other Members: (i) three Senior Professors by rotation; ( ii ) four persons from amongst sports scientists, sports administrators, eminent sports persons and distinguished coaches. ( 2 ) The Executive Council shall have the power of management and administ\ ration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for. (3 ) Subject to the provision of this Act, the Statutes and the Ordinances, the Executive Council shall, in addition to all other powers vested in it, have the following powers, namely:— (i) to create teaching and other academic posts including Chairs, to determine the number and emoluments of such posts and to define the duties and con\ ditions of service of Professors, Associate Professors, Assistant Professors and other academic staff: Provided that no action shall be taken by the Executive Council in respe\ ct of the number and qualifications of teachers and other academic staff otherwise\ than after consideration of the recommendations of the Academic and Activity Council; (ii ) to appoint such Professors, Associate Professors, Assistant Professors and other academic staff including Chair, as may be necessary, on the recommendation of the Selection Committee constituted for the purpose and to fill up te\ mporary vacancies therein; (iii ) to promote interfacial research by making joint appointments of teaching staff in different Schools, Department and Centres; (iv ) to create administrative, ministerial and other necessary posts and t\ o define their duties and conditions of their service and to make appointments thereto in the manner prescribed by the Ordinances; (v ) to grant leave of absence to any officer of the University other than the Chancellor and the Vice-Chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence; (vi ) to regulate and enforce discipline among employees in accordance with\ the Statutes and the Ordinances; (vii ) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents as it may think fit; (viii ) to fix limits on the total recurring and the total non-recurring expe\ nditure for a year on the recommendation of the Finance Committee; (ix ) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, share or securities, from time to time, a\ s it may think fit or in the purchase of immovable property in India, with the like powers \ of varying such investment from time to time; (x ) to transfer or accept transfers of any movable or immovable property \ on behalf of the University; (xi ) to provide buildings, premises, furniture and apparatus and other mea\ ns needed for carrying on the work of the University; (xii ) to enter into, vary, carry out and cancel contracts on behalf of the University; Ex-19/2019 - 22 - - 23 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 23 (xiii ) to entertain, adjudicate upon, and if thought fit, to redress any gri\ evances of the employees and students of the University who may, for any reason, feel aggrieved; (xiv ) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, a\ fter consulting the Academic and Activity Council; (xv) to select a common seal for the University and provide for the use of\ such seal; (xvi ) to make such special arrangements as may be necessary for the residen\ ce of women students; (xvii ) to institute fellowships, scholarships, studentships, medals and priz\ es; ( xviii ) to provide for the appointment of Visiting Professors, Emeritus Professors, Consultants and Scholars and determine the terms and conditions of such appointments; (xix ) to enter into partnership with industry and non-Government agencies f\ or the advancement of knowledge and establish a corpus of funds out of the \ profits of such partnership; and (xx) to exercise such other powers and perform such other duties as may be\ conferred or imposed on it by this Act or these Statutes. 12. ( 1) The members of the Academic and Activity Council shall include sports persons who have achieved distinction in Olympics or world championships. (2 ) Nine members of the Academic and Activity Council shall form quorum for the meeting of the Academic and Activity Council. 13. Subject to the provisions of this Act, the Statutes and the Ordinances, the Academic and Activity Council shall, in addition to all other powers vested in it, have the following powers, namely: — ( a ) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-ordination of teaching among the Colleges, Institutions, Regional Centres and Study Centres an\ d evaluation of research and improvement of academic standards; (b ) to bring about and promote inter-School co-ordination and to establis\ h or appoint such committees or boards as may be deemed necessary for the pur\ pose; (c ) to consider matters of general academic interest either on its own in\ itiative, or on a reference by a School or the Executive Council, and to take appropriate action thereon; (d ) to frame such regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residence, admissions, award of fellowships and studentships, fees, concessions, co\ rporate life and attendance. 14. ( 1) The University shall have such Schools of Studies as may be specified in the Statutes. (2 ) Every School shall have a School Board and the members of the first S\ chool Board shall be nominated by the Executive Council for a period of three years. (3 ) The composition, powers and functions of a School Board shall be pres\ cribed by the Ordinances. (4 ) The conduct of the meetings of a School Board and the quorum required\ for such meetings shall be prescribed by the Ordinances. Members of Academic and Activity Council and quorum for meeting. Powers and functions of Academic and Activity Council. Schools of Studies and Departments. Ex-19/2019 - 24 - - 25 - 24THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (5 ) ( a) Every School shall consist of such Departments as may be assigned to \ it by the Ordinances: Provided that the Executive Council may, on the recommendation of the Academic and Activity Council, establish Centres of Studies to which may be assigned such teachers of the University as the Executive Council may consider necessary. (b ) Each Department shall consist of the following members, namely:— (i) teachers of the Department; ( ii ) persons conducting research in the Department; ( iii ) Dean of the School; ( iv ) Honorary Professors, if any , attached to the Department; and ( v ) such other persons as may be members of the Department in accordance with the provisions of the Ordinances. 15. ( 1) Each Department shall have a Board of Sports Studies. ( 2 ) The term of office of the Board of Sports Studies and of its members \ shall be prescribed by the Ordinances. (3 ) Subject to the overall control and supervision of the Academic and Activity Council, the functions of a Board of Sports Studies shall be to approve \ subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned School Board in the manner prescribed by the Ordinances,— (a ) courses of studies and appointment of examiners for courses, but excl\ uding research degrees; (b ) appointment of supervisors for research; and ( c ) measures for the improvement of the standard of teaching and research\ : Provided that the above functions of a Board of Sports Studies shall, during the period of three years immediately after the commencement of this Act, be performed by the Department. 16. (1) The Finance Committee shall consist of the following members, namely:— ( i) the Vice-Chancellor; ( ii ) one person to be nominated by the Court; ( iii ) three persons to be nominated by the Executive Council, out of whom a\ t least one shall be a member of the Executive Council; and (iv ) three persons to be nominated by the Central Government. ( 2 ) Five members of the Finance Committee shall form a quorum for a meeti\ ng of the Finance Committee. (3 ) All the members of the Finance Committee, other than ex officio members, shall hold office for a term of three years. (4 ) A member of the Finance Committee shall have the right to record a minute\ of dissent if he does not agree with any decision of the Finance Committee. (5 ) The Finance Committee shall meet at least thrice every year to examin\ e the accounts and to scrutinise proposals for expenditure. (6 ) All proposals relating to creation of posts, and those items which have not been included in the budget, shall be examined by the Finance Committee befor\ e they are considered by the Executive Council. Board of Sports Studies. Finance Committee. Ex-19/2019 - 24 - - 25 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 25 (7 ) The annual accounts and the financial estimates of the University pre\ pared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval. (8 ) The Finance Committee shall recommend limits for the total recurring \ expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans). 17. (1)There shall be Selection Committees for making recommendations to the Executive Council for appointment to the post of Professor, Associate Professor, Assistant Professor, Registrar, Finance Officer, Controller of Examinations, Librarian and Principals of Colleges, Institutions, Regional Centres and Study Centres established o\ r maintained by the University. (2 ) The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of the Vice-Chancellor, a nominee of the Central Government and the persons specified in the corresponding entry in column 2 of the said Table: TABLE 12 Professor. (i) The Dean of the School. ( ii ) The Head of the Department, if he is a Professor. ( iii ) Three persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic and Activity Council for their special knowledge of, or interest in, the subject with which the Professor will be concerned. Associate Professor/ ( i) The head of the Department. Assistant Professor. ( ii) One Professor nominated by the Vice-Chancellor. ( iii ) Two persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic and Activity Council for their special knowledge of, or interest in, the subject with which the Associate Professor or Assistant Professor will be concerned. Registrar/ Finance Officer/ ( i) Two members of the Executive Council nominated by it. Controller of Examination. (ii ) One person not in the service of the University nominated by the Executive Council. Librarian. (i) One person not in the service of the University who has special knowledge of the subject of the Library Science or Library Administration nominated by the Executive Council. ( ii ) One person not in the service of the University nominated by the Executive Council. Principal of College or Three persons not in the service of the University of whom two Institution maintained shall be nominated by the Executive Council and one by the by the University. Academic and Activity Council for their special knowledge of, or interest in, a subject in which instruction is being provided by the College or Institution. Note 1: Where the appointment is being made for an inter-disciplinary project, the head of the project shall be deemed to be the Head of the Department con\ cerned. Note 2: The Professor to be nominated by the Vice-Chancellor shall be a Professor concerned with the speciality for which the selection is being made and the Vice-Chancellor shall consult the Head of the Department and the Dean of the School befo\ re nominating the Professor. Selection Committees. Ex-19/2019 - 26 - - 27 - 26THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (3 ) The Vice-Chancellor shall convene and preside at the meeting of the Selection Committee: Provided that the meeting of the Selection Committee shall be fixed after prior consultation with, and subject to the convenience of the Central Governm\ ent's nominee and the experts nominated by the Executive Council: Provided further that the proceedings of the Selection Committee shall not be valid unless,— (a ) where the number of the Central Government's nominee and the persons nominated by the Executive Council is four in all, at least three of them attend the meeting; and (b ) where the number of the Central Government's nominee and the persons nominated by the Executive Council is three in all, at least two of them attend the meeting. ( 4 ) The procedure to be followed by the Selection Committee shall be laid\ down in the Ordinances. (5 ) If the Executive Council is unable to accept the recommendations made by the Selection Committee, it shall record its reasons and submit the case to \ the Central Government for final orders. (6 ) ( a) Appointments to temporary posts shall,— ( i) if the temporary vacancy is for duration longer than one academic session, be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses: Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis on the advice of a local Selection Committee referred to in sub-clause ( ii) for a period not exceeding six months; (ii ) if the temporary vacancy is for a period less than a year, be made on the recommendation of a local Selection Committee consisting of the Dean of the School concerned, the Head of the Department and a nominee of the Vice-Chancellor: Provided that if the same person holds the offices of the Dean and the H\ ead of the Department, the Selection Committee may contain two nominees of the \ Vice- Chancellor: Provided further that in the case of sudden casual vacancies of teaching\ posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and r\ eport to the Vice-Chancellor and the Registrar about such appointment. ( b ) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under the Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Sele\ ction Committee or a regular Selection Committee, for a temporary or permanent appointme\ nt, as the case may be. 18. (1) Notwithstanding anything contained in Statute 17, the Executive Counc\ il may invite a person of high academic distinction and professional attainments to accept a post of Professor or Associate Professor or any other equivalent academic post in the University on such terms and conditions as it deems fit and on the person agreeing \ to do so appoint him to the post: Special mode of appointment. Ex-19/2019 - 26 - - 27 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 27 Provided that the Executive Council may also create supernumerary posts \ for a specified period for appointment of such persons: Provided further that the number of supernumerary posts so created shoul\ d not exceed five per cent. of the total posts in the University. (2 ) The Executive Council may appoint a teacher or any other academic sta\ ff working in any other University or organistion for undertaking a joint project in accordance with the manner laid down in the Ordinances. 19. The Executive Council may appoint a person selected in accordance with the procedure laid down in Statute 17 for a fixed tenure on such terms and conditions as it deems fit. 20.(1 ) An authority of the University may appoint as many standing or special committees as it may deem fit, and may appoint to such committees persons who are not members of such authority. (2 ) A committee appointed under clause ( 1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it. 21. (1) All the teachers and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. (2 ) The emoluments of members of the academic staff shall be such as may be prescribed by the Ordinances. (3 ) Every teacher and member of the academic staff of the University shal\ l be appointed on a written contract, the form of which shall be prescribed b\ y the Ordinances. (4 ) A copy of every contract referred to in clause ( 3) shall be deposited with the Registrar. 22. (1) All the employees of the University, other than the teachers and other academic staff shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. (2 ) The manner of appointment and emoluments of employees, other than the\ teachers and other academic staff, shall be such as may be prescribed by the Ordinances. 23. (1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to \ seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the Executive Council may, from time to time, prescribe. (2 ) It shall be the duty of the Registrar to prepare and maintain in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause ( 1). ( 3 ) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in\ doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit\ the matter to the Executive Council whose decision thereon shall be final. 24. (1) Where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the University , the Vice-Chancellor, in the case of the teacher or a member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee \ may, by order in Committees. Seniority list. Appointment for fixed tenure. Terms and conditions of service and code of conduct of teachers, etc. Terms and conditions of service and code of conduct of other employees. Removal of employees of University. Ex-19/2019 - 28 - - 29 - 28THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made: Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of \ the academic staff, revoke such order. (2 ) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and condition of service of the employees, the Executive Council in respect of teachers and other academic staff, and the appointing authority in respect of other employees, shall have the power to remove a teacher or a member of the academic staff or other employee, as the case may be, on grounds of misconduct. (3 ) Save as aforesaid, the Executive Council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months' notice o\ r on payment of three months' salary in lieu thereof. (4 ) No teacher, member of the academic staff or other employee shall be removed under clause ( 2) or clause ( 3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (5 ) The removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made: Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension. (6 ) Notwithstanding anything contained in the foregoing provisions of the\ Statute, a teacher, member of the academic staff or other employee may resign,— (a ) if he is a permanent employee, only after giving three months' notice\ in writing to the Executive Council or the appointing authority, as the case may be, or by paying three months' salary in lieu thereof; (b ) if he is not a permanent employee, only after giving one month's noti\ ce in writing to the Executive Council or, as the case may be, the appointing authority or by paying one month's salary in lieu thereof: Provided that such resignation shall take effect only on the date on which the resignation is accepted by the Executive Council or the appointing authority, as the case may be. 25. (1) The Executive Council may, on the recommendation of the Academic and Activity Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Central Government for\ the conferment of honorary degrees: Provided that in case of emergency, the Executive Council may, on its own motion, make such proposals. (2 ) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Central Government, any honorary degree conferred by the University. 26. The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw a degree or acade\ mic distinction conferred on, or any certificate or diploma granted to, any person by th\ e University for good and sufficient cause: Provided that no such resolution shall be passed until a notice in writi\ ng has been given to that person calling upon him to show cause within such time as \ may be specified in the notice as to why such a resolution should not be passed and until his objections, if Honorary degrees. Withdrawal of degrees, etc. Ex-19/2019 - 28 - - 29 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 29 any, and any evidence he may produce in support of them, have been considered by the Executive Council. 27. (1) All powers relating to the maintenance of discipline and disciplinary ac\ tion in relation to the students of the University shall vest in Vice-Chancellor. (2 ) There shall be Proctor of the University to assist the Vice-Chancellor in the exercise of the powers referred to in clause ( 1), who shall be appointed by the Executive Council from amongst the Professors and Associate Professors in the manner prescribed by the Ordinances. (3 ) The Vice-Chancellor may delegate all or any of the powers referred to in clau\ se ( 1), as he deems proper, to the Proctor and to such other officers as he may specify in this behalf. (4 ) Without prejudice to the generality of his powers relating to the mainten\ ance of discipline and taking such action, as may seem to him appropriate for th\ e maintenance of discipline, the Vice-Chancellor may, in exercise of such powers, by order, direct that any student or students be expelled or rusticated, for a specified period, o\ r be not admitted to a course or courses of study in a College, Institution or Regional Centre \ or a Department or a School of the University for a stated period, or be punished with fine f\ or an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or Regional Centre or Department or a School for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be withheld or cancelled. (5 ) The Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Inst\ itutions, Schools and teaching Departments in the University, as may be necessary for the proper conduct of such Colleges, Institution, Schools and teaching Departments. (6 ) Without prejudice to the powers of the Vice-Chancellor and the Principals and other persons specified in clause ( 5), detailed rules of discipline and proper conduct shall be made by the University and the Principals of Colleges, Institutions, \ Deans of Schools of Studies and Heads of teaching Departments in the University may also make such supplementary rules as they deem necessary for the purposes stated there\ in. (7 ) At the time of admission, every student shall be required to sign a decl\ aration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University. 28. Convocations of the University for the conferring of degrees or for\ other purposes shall be held in such manner as may be prescribed by the Ordinances. 29. Where no provision is made for Chairman to preside over a meeting of\ any authority of the University or any Committee of such authority or when the Chairman so provided for is absent, the members present shall elect one from among themselves to \ preside at such meeting. 30. Any member, other than an ex officio member of the Court, the Executive Council, the Academic and Activity Council or any other authority of the University or any Committ\ ee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar. 31. (1) A person shall be disqualified for being chosen as, and for being, a memb\ er of any of the authorities, or for being appointed as, and for being, an officer, of the University if— (i) he is of unsound mind; ( ii ) he is an undischarged insolvent; or ( iii ) he has been convicted by a court of law of an offence involving moral\ turpitude and sentenced in respect thereof to imprisonment for not less \ than six months. Maintenance of discipline amongst students of University. Convocations. Acting Chairman of meetings. Resignation. Disqualification. Ex-19/2019 - 30 - - 31 - 30THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— (2 ) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in sub-clause ( i), the question shall be referred to the Central Government and its decision shall be final and no suit or other \ proceeding shall lie in any civil court against such decision. 32. Notwithstanding anything contained in the Statutes, a person who is not ordinarily resident in India shall not be eligible to be an officer of the Universi\ ty or a member of any authority of the University. 33. Notwithstanding anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the Un\ iversity in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he \ continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be. 34. (1) There shall be an Alumni Association for the University. ( 2 ) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances. (3 ) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of election and is a degree holder of the University of at least five years\ standing: Provided that the condition relating to the completion of one year's mem\ bership shall not apply in the case of the first election. 35. (1) There shall be constituted in the University, a Students' Council for every academic year, consisting of,— (i) the Dean of Students' Welfare who shall be the Chairman of the Students' Council; (ii ) twenty students to be nominated by the Academic and Activity Council on the basis of merit in studies, sports and extra-curricular activities; a\ nd (iii ) twenty students to be elected by the students as their representative\ s: Provided that any student of the University shall have the right to brin\ g up any matter concerning the University before the Students' Council, if so per\ mitted by the Chairman, and he shall have the right to participate in the discussions \ at any meeting when the matter is taken up for consideration. (2 ) The functions of the Students' Council shall be to make suggestions t\ o the appropriate authorities of the University in regard to the programmes of studies, students' welfare and other matters of importance, in regard to the working of the University in general and such suggestions shall be made on the basis of consensus of \ opinion. (3 ) The Students' Council shall meet at least twice in every academic yea\ r and the first meeting of the Council be held in the beginning of the academic session. 36. (1) The first Ordinances made under sub-section ( 2) of section 26 may be amended or repealed at any time by the Executive Council in the manner specified in the following clauses. (2 ) No Ordinances in respect of the matters enumerated in sub-section ( 1) of section 26 of this Act shall be made by the Executive Council unless a draft of such Ordina\ nces has been proposed by the Academic and Activity Council. (3 ) The Executive Council shall not have power to amend any draft of any Ordinances proposed by the Academic and Activity Council under clause ( 2), but may reject the proposal or return the draft to the Academic and Activity Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest. Residence conditions for membership and office. Membership of authorities by virtue of membership of other bodies. Alumni Association. Students Council. Ordinances how to be made. Ex-19/2019 - 30 - - 31 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 31 (4 ) Where the Executive Council has rejected or returned the draft of an Ordinances proposed by the Academic and Activity Council, the Academic and Activity Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than hal\ f of the total number of members of the Academic and Activity Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Central\ Government whose decision shall be final. (5 ) Every Ordinance made by the Executive Council shall come into effect immediately. ( 6 ) Every Ordinance made by the Executive Council shall be submitted to t\ he Central Government within two weeks from the date of its adoption. (7 ) The Central Government shall have the power to direct the University \ to suspend the operation of any Ordinance. (8 ) The Central Government shall inform the Executive Council about its o\ bjection to the Ordinances referred to in clause ( 7) and may, after receiving the comments of the University, either withdraw the order suspending the Ordinances or disallow the Or\ dinances, and its decision shall be final. 37. (1) The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances for the following matters, namely:—\ (i) laying down the procedure to be observed at their meeting and the number of members required to form a quorum; (ii ) providing for all matters which are required by this Act, the Statutes or the Ordinances, to be prescribed by Regulations; and (iii ) providing for all other matters solely concerning such authorities or\ committees appointed by them and not provided for by this Act, the Statutes or the Ordinances. ( 2 ) Every authority of the University shall make Regulations providing fo\ r the giving of notice to the members of such authority of the dates of meeting and o\ f the business to be considered at meetings and for the keeping of a record of the proceeding\ s of meetings. (3 ) The Executive Council may direct the amendment in such manner as it m\ ay specify of any Regulation made under the Statutes or the annulment of any such R\ egulation. 38. Subject to the provisions of this Act and the Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that ov\ erall responsibility for the exercise of the powers so delegated shall continue to vest in th\ e officer or authority delegating such powers. ———— DR . G. NARAYANA RAJU, Secretary to the Govt. of India. Regulations. Delegation of powers. MGIPMRND—1669GI(S3)—17-08-2018. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.08.17 18:55:12 +05'30' NOTIFICATION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The National Sports University Act, 2018’ (Act No. 25 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 19 Ex-19/2019

- PB - - 1 - THE INSOLVENCY AND BANKRUPTCY CODE (SECOND AMENDMENT) ACT, 2018 NO. 26 OF 2018 [17th August, 2018.] An Act further to amend the Insolvency and Bankruptcy Code, 2016. B E it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1.(1 ) This Act may be called the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018. (2 ) It shall be deemed to have come into force on the 6th day of June, 2018. 2. In the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the principal Act), in section 3, in clause ( 12), for the word "repaid", the word "paid" shall be substituted. Short title and commencement. Amendment of section 3. 31 of 2016. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 40] ubZ fnYyh] 'kqØ okj] vxLr 17] 2018@ Jko.k 26] 1940 ¼'kd½ No. 40] NEW DELHI, FRIDAY, AUGUST 17, 2018/SHRAVANA 26, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa \ j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 17th August, 2018/Shravana 26,1940 ( Saka) The following Act of Parliament received the assent of the President on the 17th August, 2018, and is hereby published for general information:— The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 23 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Appropriation (No. 4) Act, 2018’ (Act No. 29 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Insolvency and Bankruptcy Code (Second Amendment) Act, 201 8’ (Act No. 26 of 2018) Under Secretary to the Govt. of Mizoram Law & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 20 Ex-20/2019 - 2 - - 3 - 2THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— 3.In section 5 of the principal Act,— (i) after clause ( 5), the following clause shall be inserted, namely:— '( 5A ) "corporate guarantor" means a corporate person who is the surety in a contract of guarantee to a corporate debtor ;’; ( ii ) in clause ( 8), in sub-clause ( f), the following Explanationshall be inserted, namely:— 'Explanation .—For the purposes of this sub-clause,— ( i) any amount raised from an allottee under a real estate project shall be deemed to be an amount having the commercial effect of a borrowing; and (ii ) the expressions, "allottee" and "real estate project" shall have the meanings respectively assigned to them in clauses ( d) and ( zn ) of section 2 of the Real Estate (Regulation and Development) Act, 2016;'; ( iii ) in clause ( 12), the following proviso shall be inserted, namely:— "Provided that where the interim resolution professional is not appointed in the order admitting application under section 7, 9 or section 10, the insolvency commencement date shall be the date on which such interim resolution professional is appointed by the Adjudicating Authority;"; ( iv ) in clause ( 21), for the word "repayment", the word "payment" shall be substituted; (v ) after clause ( 24), the following clause shall be inserted, namely:— '( 24A ) "related party", in relation to an individual, means— ( a) a person who is a relative of the individual or a relative of the spouse of the individual; (b ) a partner of a limited liability partnership, or a limited liability partnership or a partnership firm, in which the individual is a partner;\ (c ) a person who is a trustee of a trust in which the beneficiary of the trust includes the individual, or the terms of the trust confers a power on the trustee which may be exercised for the benefit of the individual; (d ) a private company in which the individual is a director and holds along with his relatives, more than two per cent. of its share capital; (e ) a public company in which the individual is a director and holds along with relatives, more than two per cent. of its paid-up share capital; (f) a body corporate whose board of directors, managing director or manager, in the ordinary course of business, acts on the advice, directions or instructions of the individual; (g ) a limited liability partnership or a partnership firm whose partners or employees in the ordinary course of business, act on the advice, directions or instructions of the individual; Amendment of section 5. 16 of 2016. SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 3 ( h ) a person on whose advice, directions or instructions, the individual is accustomed to act; (i) a company, where the individual or the individual along with its related party, own more than fifty per cent. of the share capital of the company or controls the appointment of the board of directors of the company. Explanation .—For the purposes of this clause,— ( a ) "relative", with reference to any person, means anyone who is related to another, in the following manner, namely:— (i) members of a Hindu Undivided Family, ( ii ) husband, ( iii ) wife, ( iv ) father, ( v ) mother, ( vi ) son, ( vii ) daughter, ( viii ) son's daughter and son, ( ix ) daughter's daughter and son, ( x ) grandson's daughter and son, ( xi ) granddaughter's daughter and son, ( xii ) brother, ( xiii ) sister, ( xiv ) brother's son and daughter, ( xv ) sister's son and daughter, ( xvi ) father's father and mother, ( xvii ) mother's father and mother, ( xviii ) father's brother and sister, ( xix ) mother's brother and sister, and ( b ) wherever the relation is that of a son, daughter, sister or brother, their spouses shall also be included;'. 4. In section 7 of the principal Act, in sub-section ( 1), for the words "other financial creditors", the words "other financial creditors, or any other person on behalf of the financial creditor, as may be notified by the Central Government," shall be substituted. 5.In section 8 of the principal Act,— (a ) in sub-section ( 2),— ( i) in clause ( a), for the words "if any, and", the words "if any, or" shall be substituted; (ii ) in clause ( b), for the word "repayment", the word "payment" shall be substituted; Amendment of section 7. Amendment of section 8. Ex-20/2019 - 2 - - 3 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 3 (h ) a person on whose advice, directions or instructions, the individual is accustomed to act; (i) a company, where the individual or the individual along with its related party, own more than fifty per cent. of the share capital of the company or controls the appointment of the board of directors of the company. Explanation .—For the purposes of this clause,— ( a ) "relative", with reference to any person, means anyone who is related to another, in the following manner, namely:— (i) members of a Hindu Undivided Family, ( ii ) husband, ( iii ) wife, ( iv ) father, ( v ) mother, ( vi ) son, ( vii ) daughter, ( viii ) son's daughter and son, ( ix ) daughter's daughter and son, ( x ) grandson's daughter and son, ( xi ) granddaughter's daughter and son, ( xii ) brother, ( xiii ) sister, ( xiv ) brother's son and daughter, ( xv ) sister's son and daughter, ( xvi ) father's father and mother, ( xvii ) mother's father and mother, ( xviii ) father's brother and sister, ( xix ) mother's brother and sister, and ( b ) wherever the relation is that of a son, daughter, sister or brother, their spouses shall also be included;'. 4. In section 7 of the principal Act, in sub-section ( 1), for the words "other financial creditors", the words "other financial creditors, or any other person on behalf of the financial creditor, as may be notified by the Central Government," shall be substituted. 5.In section 8 of the principal Act,— (a ) in sub-section ( 2),— ( i) in clause ( a), for the words "if any, and", the words "if any, or" shall be substituted; (ii ) in clause ( b), for the word "repayment", the word "payment" shall be substituted; Amendment of section 7. Amendment of section 8. Ex-20/2019 - 4 - - 5 - 4THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— (b ) in the Explanation , for the word "repayment", the word "payment" shall be substituted. 6. In section 9 of the principal Act,— (a ) in sub-section ( 3),— ( i) in clause ( c), for the words "by the corporate debtor; and", the words "by the corporate debtor, if available;" shall be substituted; (ii ) for clause ( d), the following clauses shall be substituted, namely:— "(d) a copy of any record with information utility confirming that there is no payment of an unpaid operational debt by the corporate debtor, if available; and (e ) any other proof confirming that there is no payment of an unpaid operational debt by the corporate debtor or such other information, as may be prescribed."; ( b ) in sub-section ( 5),— ( A ) in clause ( i), in sub-clause ( b), for the word "repayment", the word "payment" shall be substituted; (B ) in clause ( ii), in sub-clause ( b), for the word "repayment", the word "payment" shall be substituted. 7. In section 10 of the principal Act,— (a ) for sub-section ( 3), the following sub-section shall be substituted, namely:— "(3) The corporate applicant shall, along with the application, furnish— (a ) the information relating to its books of account and such other documents for such period as may be specified; (b ) the information relating to the resolution professional proposed to be appointed as an interim resolution professional; and (c ) the special resolution passed by shareholders of the corporate debtor or the resolution passed by at least three-fourth of the total number of partners of the corporate debtor, as the case may be, approving filing of the application."; ( b ) in sub-section ( 4),— ( i) in clause ( a), after the words "if it is complete", the words "and no disciplinary proceeding is pending against the proposed resolution professional" shall be inserted; (ii ) in clause ( b), after the words "if it is incomplete", the words "or any disciplinary proceeding is pending against the proposed resolution professional" shall be inserted. 8. In section 12 of the principal Act, in sub-section ( 2), for the word "seventy-five", the word "sixty-six" shall be substituted. 9.After section 12 of the principal Act, the following section shall be inserted, namely:— "12A. The Adjudicating Authority may allow the withdrawal of application admitted under section 7 or section 9 or section 10, on an application made by the applicant with the approval of ninety per cent. voting share of the committee of creditors, in such manner as may be specified.". Amendment of section 9. Amendment of section 10. Amendment of section 12. Insertion of new section 12A. Withdrawal of application admitted under section 7, 9 or 10. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 10. In section 14 of the principal Act, for sub-section ( 3), the following sub-section shall be substituted, namely:— "(3) The provisions of sub-section ( 1) shall not apply to— ( a ) such transaction as may be notified by the Central Government in consultation with any financial regulator; (b ) a surety in a contract of guarantee to a corporate debtor.". 11. In section 15 of the principal Act, in sub-section ( 1), in clause ( c), for the word "claims", the words "claims, as may be specified" shall be substitu\ ted. 12.In section 16 of the principal Act, in sub-section ( 5), for the words "shall not exceed thirty days from date of his appointment", the words and figures \ "shall continue till the date of appointment of the resolution professional under section 22" shall be substituted. 13.In section 17 of the principal Act, in sub-section ( 2),— ( i) in clause ( d), for the words "may be specified.", the words "may be specified; and" shall be substituted; (ii ) after clause ( d), the following clause shall be inserted, namely:— "( e) be responsible for complying with the requirements under any law for the time being in force on behalf of the corporate debtor.". 14. In section 18 of the principal Act, in the Explanation, for the word "sub-section", the word "section" shall be substituted. 15.In section 21 of the principal Act,— (i) in sub-section ( 2),— ( a ) in the proviso, for the words "related party to whom a corporate debtor owes a financial debt", the words, brackets, figures and letter "financial creditor or the authorised representative of the financial creditor referred to in sub-section ( 6) or sub-section ( 6A) or sub-section ( 5) of section 24, if it is a related party of the corporate debtor," shall be substituted; (b ) after the proviso, the following proviso shall be inserted, namely:—\ "Provided further that the first proviso shall not apply to a financial creditor, regulated by a financial sector regulator, if it is a related party of the corporate debtor solely on account of conversion or substitution of debt into equity shares or instruments convertible into equity shares, prior to the insolvency commencement date."; ( ii ) in sub-section ( 3), for the word "Where", the words, brackets, figures and letter "Subject to sub-sections ( 6) and ( 6A), where" shall be substituted; ( iii ) in sub-section ( 6), in the opening portion, the words "or issued as securities" shall be omitted; (iv ) after sub-section ( 6), the following sub-sections shall be inserted, namely:— "(6A ) Where a financial debt— (a ) is in the form of securities or deposits and the terms of the financial debt provide for appointment of a trustee or agent to act as authorised representative for all the financial creditors, such trustee or agent shall act on behalf of such financial creditors; Amendment of section 14. Amendment of section 15. Amendment of section 16. Amendment of section 17. Amendment of section 18. Amendment of section 21. Ex-20/2019 - 4 - - 5 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 5 10.In section 14 of the principal Act, for sub-section ( 3), the following sub-section shall be substituted, namely:— "(3) The provisions of sub-section ( 1) shall not apply to— ( a ) such transaction as may be notified by the Central Government in consultation with any financial regulator; (b ) a surety in a contract of guarantee to a corporate debtor.". 11. In section 15 of the principal Act, in sub-section ( 1), in clause ( c), for the word "claims", the words "claims, as may be specified" shall be substitu\ ted. 12.In section 16 of the principal Act, in sub-section ( 5), for the words "shall not exceed thirty days from date of his appointment", the words and figures \ "shall continue till the date of appointment of the resolution professional under section 22" shall be substituted. 13.In section 17 of the principal Act, in sub-section ( 2),— ( i) in clause ( d), for the words "may be specified.", the words "may be specified; and" shall be substituted; (ii ) after clause ( d), the following clause shall be inserted, namely:— "( e) be responsible for complying with the requirements under any law for the time being in force on behalf of the corporate debtor.". 14. In section 18 of the principal Act, in the Explanation, for the word "sub-section", the word "section" shall be substituted. 15.In section 21 of the principal Act,— (i) in sub-section ( 2),— ( a ) in the proviso, for the words "related party to whom a corporate debtor owes a financial debt", the words, brackets, figures and letter "financial creditor or the authorised representative of the financial creditor referred to in sub-section ( 6) or sub-section ( 6A) or sub-section ( 5) of section 24, if it is a related party of the corporate debtor," shall be substituted; (b ) after the proviso, the following proviso shall be inserted, namely:—\ "Provided further that the first proviso shall not apply to a financial creditor, regulated by a financial sector regulator, if it is a related party of the corporate debtor solely on account of conversion or substitution of debt into equity shares or instruments convertible into equity shares, prior to the insolvency commencement date."; ( ii ) in sub-section ( 3), for the word "Where", the words, brackets, figures and letter "Subject to sub-sections ( 6) and ( 6A), where" shall be substituted; ( iii ) in sub-section ( 6), in the opening portion, the words "or issued as securities" shall be omitted; (iv ) after sub-section ( 6), the following sub-sections shall be inserted, namely:— "(6A ) Where a financial debt— (a ) is in the form of securities or deposits and the terms of the financial debt provide for appointment of a trustee or agent to act as authorised representative for all the financial creditors, such trustee or agent shall act on behalf of such financial creditors; Amendment of section 14. Amendment of section 15. Amendment of section 16. Amendment of section 17. Amendment of section 18. Amendment of section 21. Ex-20/2019 - 6 - - 7 - 6THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— (b ) is owed to a class of creditors exceeding the number as may be specified, other than the creditors covered under clause ( a) or sub-section ( 6), the interim resolution professional shall make an application to the Adjudicating Authority along with the list of all financial creditors, containing the name of an insolvency professional, other than the interim resolution professional, to act as their authorised representative who shall be appointed by the Adjudicating Authority prior to the first meeting of the committee of creditors; (c ) is represented by a guardian, executor or administrator, such person shall act as authorised representative on behalf of such financial creditors, and such authorised representative under clause ( a) or clause ( b) or clause ( c) shall attend the meetings of the committee of creditors, and vote on behalf of each financial creditor to the extent of his voting share. (6B ) The remuneration payable to the authorised representative— (i) under clauses ( a) and ( c) of sub-section ( 6A), if any, shall be as per the terms of the financial debt or the relevant documentation; and (ii ) under clause ( b) of sub-section ( 6A) shall be as specified which shall form part of the insolvency resolution process costs."; ( v ) for sub-sections ( 7) and ( 8), the following sub-sections shall be substituted, namely:— "(7) The Board may specify the manner of voting and the determining of the voting share in respect of financial debts covered unde\ r sub-sections ( 6) and ( 6A). ( 8 ) Save as otherwise provided in this Code, all decisions of the committee of creditors shall be taken by a vote of not less than fifty-one per cent. of voting share of the financial creditors: Provided that where a corporate debtor does not have any financial creditors, the committee of creditors shall be constituted and shall comprise of such persons to exercise such functions in such manner as may be specified.". 16. In section 22 of the principal Act,— (a ) in sub-section ( 2), for the word, "seventy-five", the word "sixty-six" shall be substituted; (b ) in sub-section ( 3),— ( i) in clause ( a), after the words "resolution professional", the words "subject to a written consent from the interim resolution professional in the specified form" shall be inserted; (ii ) in clause ( b), after the words "appointment of the proposed resolution professional", the words "along with a written consent from the proposed resolution professional in the specified form" shall be inserted. 17. In section 23 of the principal Act, in sub-section (1 ), the following proviso shall be inserted, namely:— "Provided that the resolution professional shall, if the resolution plan under sub-section ( 6) of section 30 has been submitted, continue to manage the Amendment of section 22. Amendment of section 23. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 operations of the corporate debtor after the expiry of the corporate insolvency resolution process period until an order is passed by the Adjudicating Authority under section 31.". 18. In section 24 of the principal Act,— (i) in sub-section ( 3), in clause ( a), for the words "Committee of creditors", the words, brackets, figures and letter "committee of creditors, including the authorised representatives referred to in sub-sections ( 6) and ( 6A) of section 21 and sub-section ( 5)" shall be substituted; ( ii ) in sub-section ( 5), for the words "Any creditor", the words, brackets, figures and letters "Subject to sub-sections ( 6), ( 6A) and ( 6B) of section 21, any creditor" shall be substituted. 19. After section 25 of the principal Act, the following section shall be inserted, namely:-— '25A. (1) The authorised representative under sub-section ( 6) or sub-section ( 6A) of section 21 or sub-section ( 5) of section 24 shall have the right to participate and vote in meetings of the committee of creditors \ on behalf of the financial creditor he represents in accordance with the prior voting instructions of such creditors obtained through physical or electronic means. (2 ) It shall be the duty of the authorised representative to circulate the agenda and minutes of the meeting of the committee of creditors to the financial creditor he represents. (3) The authorised representative shall not act against the interest of \ the financial creditor he represents and shall always act in accordance with\ their prior instructions: Provided that if the authorised representative represents several financ\ ial creditors, then he shall cast his vote in respect of each financial cred\ itor in accordance with instructions received from each financial creditor, to the extent of his voting share: Provided further that if any financial creditor does not give prior instructions through physical or electronic means, the authorised repres\ entative shall abstain from voting on behalf of such creditor. (4) The authorised representative shall file with the committee of credit\ ors any instructions received by way of physical or electronic means, from t\ he financial creditor he represents, for voting in accordance therewith, to\ ensure that the appropriate voting instructions of the financial creditor he re\ presents is correctly recorded by the interim resolution professional or resolution professional, as the case may be. Explanation. —For the purposes of this section, the "electronic means" shall be such as may be specified.'. 20. In section 27 of the principal Act, for sub-section ( 2), the following sub-section shall be substituted, namely:— "(2) The committee of creditors may, at a meeting, by a vote of sixty-six per cent. of voting shares, resolve to replace the resolution \ professional appointed under section 22 with another resolution professional, subject to a written consent from the proposed resolution professional in the specifi\ ed form.". 21.In section 28 of the principal Act, in sub-section ( 3), for the word, "seventy-five", the word "sixty-six" shall be substituted. Amendment of section 24. Insertion of new section 25A. Rights and duties of authorised representative of financial creditors. Amendment of section 27. Amendment of section 28. Ex-20/2019 - 6 - - 7 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 7 operations of the corporate debtor after the expiry of the corporate insolvency resolution process period until an order is passed by the Adjudicating Authority under section 31.". 18.In section 24 of the principal Act,— (i) in sub-section ( 3), in clause ( a), for the words "Committee of creditors", the words, brackets, figures and letter "committee of creditors, including the authorised representatives referred to in sub-sections ( 6) and ( 6A) of section 21 and sub-section ( 5)" shall be substituted; ( ii ) in sub-section ( 5), for the words "Any creditor", the words, brackets, figures and letters "Subject to sub-sections ( 6), ( 6A) and ( 6B) of section 21, any creditor" shall be substituted. 19. After section 25 of the principal Act, the following section shall be inserted, namely:-— '25A. (1) The authorised representative under sub-section ( 6) or sub-section ( 6A) of section 21 or sub-section ( 5) of section 24 shall have the right to participate and vote in meetings of the committee of creditors \ on behalf of the financial creditor he represents in accordance with the prior voting instructions of such creditors obtained through physical or electronic means. (2 ) It shall be the duty of the authorised representative to circulate the agenda and minutes of the meeting of the committee of creditors to the financial creditor he represents. (3) The authorised representative shall not act against the interest of \ the financial creditor he represents and shall always act in accordance with\ their prior instructions: Provided that if the authorised representative represents several financ\ ial creditors, then he shall cast his vote in respect of each financial cred\ itor in accordance with instructions received from each financial creditor, to the extent of his voting share: Provided further that if any financial creditor does not give prior instructions through physical or electronic means, the authorised repres\ entative shall abstain from voting on behalf of such creditor. (4) The authorised representative shall file with the committee of credit\ ors any instructions received by way of physical or electronic means, from t\ he financial creditor he represents, for voting in accordance therewith, to\ ensure that the appropriate voting instructions of the financial creditor he re\ presents is correctly recorded by the interim resolution professional or resolution professional, as the case may be. Explanation. —For the purposes of this section, the "electronic means" shall be such as may be specified.'. 20. In section 27 of the principal Act, for sub-section ( 2), the following sub-section shall be substituted, namely:— "(2) The committee of creditors may, at a meeting, by a vote of sixty-six per cent. of voting shares, resolve to replace the resolution \ professional appointed under section 22 with another resolution professional, subject to a written consent from the proposed resolution professional in the specifi\ ed form.". 21.In section 28 of the principal Act, in sub-section ( 3), for the word, "seventy-five", the word "sixty-six" shall be substituted. Amendment of section 24. Insertion of new section 25A. Rights and duties of authorised representative of financial creditors. Amendment of section 27. Amendment of section 28. Ex-20/2019 - 8 - - 9 - 8THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— 22.In section 29A of the principal Act,— (i) in clause ( c),— ( A ) for the words "has an account,", the words "at the time of submission of the resolution plan has an account," shall be substituted; (B ) after the words and figures "the Banking Regulation Act, 1949", the words "or the guidelines of a financial sector regulator issued under any other law for the time being in force," shall be inserted; (C ) after the proviso, the following shall be inserted, namely:— 'Provided further that nothing in this clause shall apply to a resolution applicant where such applicant is a financial entity and is not a related party to the corporate debtor. Explanation I.—For the purposes of this proviso, the expression "related party" shall not include a financial entity, regulated by a financial sector regulator, if it is a financial creditor of the corporate debtor and is a related party of the corporate debtor solely on account of conversion or substitution of debt into equity shares or instruments convertible into equity shares, prior to the insolvency commencement date. Explanation II.—For the purposes of this clause, where a resolution applicant has an account, or an account of a corporate debtor under the management or control of such person or of whom such person is a promoter, classified as non-performing asset and such account was acquired pursuant to a prior resolution plan approved under this Code, then, the provisions of this clause shall not apply to such resolution applicant for a period of three years from the date of approval of such resolution plan by the Adjudicating Authority under this Code;'; ( ii ) for clause ( d), the following clause shall be substituted, namely:— "( d) has been convicted for any offence punishable with imprisonment— (i) for two years or more under any Act specified under the Twelfth Schedule; or (ii ) for seven years or more under any other law for the time being in force: Provided that this clause shall not apply to a person after the expiry of a period of two years from the date of his release from imprisonment: Provided further that this clause shall not apply in relation to a connected person referred to in clause ( iii) of Explanation I;"; ( iii ) in clause ( e), the following proviso shall be inserted, namely:— "Provided that this clause shall not apply in relation to a connected person referred to in clause ( iii) of Explanation I;"; ( iv ) in clause ( g), the following proviso shall be inserted, namely:— "Provided that this clause shall not apply if a preferential transaction, undervalued transaction, extortionate credit transaction or fraudulent transaction has taken place prior to the acquisition of the corporate debtor by the resolution applicant pursuant to a resolution plan approved under this Code or pursuant to a scheme or Amendment of section 29A. 10 of 1949. Ex-20/2019 - 8 - - 9 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 9 plan approved by a financial sector regulator or a court, and such resolution applicant has not otherwise contributed to the preferential transaction, undervalued transaction, extortionate credit transaction or fraudulent transaction;"; (v ) in clause ( h),— ( A ) for the words "an enforceable guarantee", the words "a guarantee" shall be substituted; (B ) after the words "under this Code", the words "and such guarantee has been invoked by the creditor and remains unpaid in full or part" shall be inserted; ( vi ) in clause ( i), for the words "has been", the word "is" shall be substituted; ( vii ) the Explanation occurring after clause ( j) shall be numbered as Explanation I, and in Explanation I as so numbered, for the proviso, the following provisos shall be substituted, namely:— 'Provided that nothing in clause ( iii) of Explanation I shall apply to a resolution applicant where such applicant is a financial entity and is\ not a related party of the corporate debtor: Provided further that the expression "related party" shall not include a financial entity, regulated by a financial sector regulator, if it is a financial creditor of the corporate debtor and is a related party of the corporate\ debtor solely on account of conversion or substitution of debt into equity shares or instruments convertible into equity shares, prior to the insolvency commencement date;'; ( viii ) after Explanation I as so numbered, the following Explanationshall be inserted, namely:— 'Explanation II.—For the purposes of this section, "financial entity" shall mean the following entities which meet such criteria or conditions\ as the Central Government may, in consultation with the financial sector regulator, notify in this behalf, namely:— (a ) a scheduled bank; ( b ) any entity regulated by a foreign central bank or a securities market regulator or other financial sector regulator of a jurisdiction outside India which jurisdiction is compliant with the Financial Action Task Force Standards and is a signatory to the International Organisation of Securities Commissions Multilateral Memorandum of Understanding; (c ) any investment vehicle, registered foreign institutional investor, registered foreign portfolio investor or a foreign venture capital investor, where the terms shall have the meaning assigned to them in regulation 2 of the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017 made under the Foreign Exchange Management Act, 1999; (d ) an asset reconstruction company registered with the Reserve Bank of India under section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (e ) an Alternate Investment Fund registered with the Securities and Exchange Board of India; (f) such categories of persons as may be notified by the Central Government.'. 42 of 1999. 54 of 2002. Ex-20/2019 - 10 - - 11 - 10THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— 23.In section 30 of the principal Act,— (i) in sub-section ( 1), after the words "resolution plan", the words, figures and letter "along with an affidavit stating that he is eligible under se\ ction 29A" shall be inserted; (ii ) in sub-section ( 2),— (A ) in clauses ( a) and ( b), for the word "repayment" at both the places where it occurs, the word "payment" shall be substituted; (B ) after clause ( f), the following Explanationshall be inserted, namely:— "Explanation .—For the purposes of clause ( e), if any approval of shareholders is required under the Companies Act, 2013 or any other law for the time being in force for the implementation of actions under the resolution plan, such approval shall be deemed to have been given and it shall not be a contravention of that Act or law."; ( iii ) in sub-section ( 4),— ( a ) for the word "seventy-five", the word "sixty-six" shall be substituted; (b ) after the third proviso, the following proviso shall be inserted, namely:— "Provided also that the eligibility criteria in section 29A as amended by the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 shall apply to the resolution applicant who has not submitted resolution plan as on the date of commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018.". 24. In section 31 of the principal Act,— (a ) in sub-section ( 1), the following proviso shall be inserted, namely:— "Provided that the Adjudicating Authority shall, before passing an order for approval of resolution plan under this sub-section, satisfy that the resolution plan has provisions for its effective implementation."; ( b ) after sub-section ( 3), the following sub-section shall be inserted namely:— "(4) The resolution applicant shall, pursuant to the resolution plan approved under sub-section ( 1), obtain the necessary approval required under any law for the time being in force within a period of one year from the date of approval of the resolution plan by the Adjudicating Authority under sub-section ( 1) or within such period as provided for in such law, whichever is later: Provided that where the resolution plan contains a provision for combination, as referred to in section 5 of the Competition Act, 2002, the resolution applicant shall obtain the approval of the Competition Commission of India under that Act prior to the approval of such resolution plan by the committee of creditors.". 25. In section 33 of the principal Act, in sub-section ( 2), after the words "decision of the committee of creditors", the words "approved by not less than six\ ty-six per cent. of the voting share" shall be inserted. Amendment of section 30. Amendment of section 31. Amendment of section 33. 12 of 2003. 18 of 2013. ord. 6 of 2018 . SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11 26. In section 34 of the principal Act,— (a ) in sub-section ( 1), for the words and figures "Chapter II shall", the words and figures "Chapter II shall, subject to submission of a written \ consent by the resolution professional to the Adjudicatory Authority in specified form," shall be substituted; (b ) in sub-section ( 4),— ( i) in clause ( b), for the words "in writing", the words "in writing; or" shall be substituted; (ii ) after clause ( b), the following clause shall be inserted, namely:— "( c) the resolution professional fails to submit written consent under sub-section ( 1)."; ( c ) in sub-section ( 5), for the word, brackets and letter "clause ( a)", the words, brackets and letters "clauses ( a) and ( c)" shall be substituted; ( d ) in sub-section ( 6), after the words "another insolvency professional", the words "along with written consent from the insolvency professional i\ n the specified form," shall be inserted. 27. In section 42 of the principal Act, after the words "of the liquidator", the words "accepting or" shall be inserted. 28.In section 45 of the principal Act, in sub-section ( 1), the words and figures "of section 43" shall be omitted. 29.In section 60 of the principal Act,— (a ) in sub-section ( 2), for the words "bankruptcy of a personal guarantor of such corporate debtor", the words "liquidation or bankruptcy of a cor\ porate guarantor or personal guarantor, as the case may be, of such corporate debtor" shall be substituted; (b ) in sub-section ( 3), for the words "bankruptcy proceeding of a personal guarantor of the corporate debtor", the words "liquidation or bankruptcy\ proceeding of a corporate guarantor or personal guarantor, as the case may be, of the corporate debtor" shall be substituted. 30. In section 69 of the principal Act, for the words "On or after the insolvency commencement date, if", the word "If" shall be substituted. 31.In section 76 of the principal Act,— (a ) in the marginal heading, for the word "repayment", the word "payment" shall be substituted; (b ) in clause ( a), for the word "repayment", the word "payment" shall be substituted. 32. In section 196 of the principal Act, in sub-section ( 1),— ( i) after clause ( a), the following clause shall be inserted namely:— "( aa ) promote the development of, and regulate, the working and practices of, insolvency professionals, insolvency professional agencies and information utilities and other institutions, in furtherance of the purposes of this Code;"; ( ii ) in clause ( c), for the words "for the registration", the words "for carrying out the purposes of this Code, including fee for registration and renewal" shall be substituted. Amendment of section 34. Amendment of section 42. Amendment of section 45. Amendment of section 60. Amendment of section 69. Amendment of section 76. Amendment of section 196. Ex-20/2019 - 10 - - 11 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 11 26.In section 34 of the principal Act,— (a ) in sub-section ( 1), for the words and figures "Chapter II shall", the words and figures "Chapter II shall, subject to submission of a written \ consent by the resolution professional to the Adjudicatory Authority in specified form," shall be substituted; (b ) in sub-section ( 4),— ( i) in clause ( b), for the words "in writing", the words "in writing; or" shall be substituted; (ii ) after clause ( b), the following clause shall be inserted, namely:— "( c) the resolution professional fails to submit written consent under sub-section ( 1)."; ( c ) in sub-section ( 5), for the word, brackets and letter "clause ( a)", the words, brackets and letters "clauses ( a) and ( c)" shall be substituted; ( d ) in sub-section ( 6), after the words "another insolvency professional", the words "along with written consent from the insolvency professional i\ n the specified form," shall be inserted. 27. In section 42 of the principal Act, after the words "of the liquidator", the words "accepting or" shall be inserted. 28.In section 45 of the principal Act, in sub-section ( 1), the words and figures "of section 43" shall be omitted. 29.In section 60 of the principal Act,— (a ) in sub-section ( 2), for the words "bankruptcy of a personal guarantor of such corporate debtor", the words "liquidation or bankruptcy of a cor\ porate guarantor or personal guarantor, as the case may be, of such corporate debtor" shall be substituted; (b ) in sub-section ( 3), for the words "bankruptcy proceeding of a personal guarantor of the corporate debtor", the words "liquidation or bankruptcy\ proceeding of a corporate guarantor or personal guarantor, as the case may be, of the corporate debtor" shall be substituted. 30. In section 69 of the principal Act, for the words "On or after the insolvency commencement date, if", the word "If" shall be substituted. 31.In section 76 of the principal Act,— (a ) in the marginal heading, for the word "repayment", the word "payment" shall be substituted; (b ) in clause ( a), for the word "repayment", the word "payment" shall be substituted. 32. In section 196 of the principal Act, in sub-section ( 1),— ( i) after clause ( a), the following clause shall be inserted namely:— "( aa ) promote the development of, and regulate, the working and practices of, insolvency professionals, insolvency professional agencies and information utilities and other institutions, in furtherance of the purposes of this Code;"; ( ii ) in clause ( c), for the words "for the registration", the words "for carrying out the purposes of this Code, including fee for registration and renewal" shall be substituted. Amendment of section 34. Amendment of section 42. Amendment of section 45. Amendment of section 60. Amendment of section 69. Amendment of section 76. Amendment of section 196. Ex-20/2019 - 12 - - 13 - 12THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— 33. In section 231 of the principal Act, for the words "Adjudicating Authority" at both the places where they occur, the words "Adjudicating Authority or the Board" shall be substituted. 34.After section 238 of the principal Act, the following section shall be inserted, namely:— "238A. The provisions of the Limitation Act, 1963 shall, as far as may be, apply to the proceedings or appeals before the Adjudicating Authority, the National Company Law Appellate Tribunal, the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal, as the case may be.". 35. In section 239 of the principal Act, in sub-section ( 2), after clause ( e), the following clause shall be inserted, namely:— "(ea ) other proof confirming that there is no payment of an unpaid operational debt by the corporate debtor or such other information under clause ( e) of sub-section ( 3) of section 9;". 36. In section 240 of the principal Act, in sub-section ( 2),— ( i) clause ( g) shall be omitted; ( ii ) after clause ( j), the following clause shall be inserted, namely:— "( ja ) the last date for submission of claims under clause ( c) of sub-section ( 1) of section 15;"; ( iii ) after clause ( n), the following clauses shall be inserted, namely:— "( na ) the number of creditors within a class of creditors under clause ( b) of sub-section ( 6A) of section 21; ( nb ) the remuneration payable to authorised representative under clause ( ii) of the proviso to sub-section ( 6B) of section 21; ( nc ) the manner of voting and determining the voting share in respect of financial debts under sub-section ( 7) of section 21;". 37. After section 240 of the principal Act, the following section shall be inserted, namely:— '240A. (1) Notwithstanding anything to the contrary contained in this Code, the provisions of clauses ( c) and ( h) of section 29A shall not apply to the resolution applicant in respect of corporate insolvency resolution proce\ ss of any micro, small and medium enterprises. (2 ) Subject to sub-section ( 1), the Central Government may, in the public interest, by notification, direct that any of the provisions of this Code shall— (a ) not apply to micro, small and medium enterprises; or ( b ) apply to micro, small and medium enterprises, with such modifications as may be specified in the notification. ( 3 ) A draft of every notification proposed to be issued under sub-section ( 2), shall be laid before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one\ session or in two or more successive sessions. (4 ) If both Houses agree in disapproving the issue of notification or bot\ h Houses agree in making any modification in the notification, the notification shall not be issued or shall be issued only in such modified form as may\ be agreed upon by both the Houses, as the case may be. Amendment of section 231. Insertion of new section 238A. Limitation. Amendment of section 239. Amendment of section 240. Insertion of new section 240A. Application of this Code to micro, small and medium enterprises. 36 of 1963. Ex-20/2019 - 12 - - 13 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 13 (5 ) The period of thirty days referred to in sub-section ( 3) shall not include any period during which the House referred to in sub-section ( 4) is prorogued or adjourned for more than four consecutive days. (6 ) Every notification issued under this section shall be laid, as soon a\ s may be after it is issued, before each House of Parliament. Explanation.— For the purposes of this section, the expression "micro, small and medium enterprises" means any class or classes of enterprises classified as such under sub-section ( 1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006.'. 38. After the Eleventh Schedule to the principal Act, the following Schedule shall be inserted, namely:— "THE TWELFTH SCHEDULE [ See clause ( d) of section 29A] ACTS FOR THE PURPOSES OF CLAUSE ( d) OF SECTION 29A ( 1) The Foreign Trade (Development and Regulation) Act, 1922 (22 of 1922); ( 2 ) The Reserve Bank of India Act, 1934 (2 of 1934); ( 3 ) The Central Excise Act, 1944 (1 of 1944); ( 4 ) The Prevention of Food Adulteration Act, 1954 (37 of 1954); ( 5 ) The Essential Commodities Act, 1955 (10 of 1955); ( 6 ) The Securities Contracts (Regulation) Act, 1956 (42 of 1956); ( 7 ) The Income-tax Act, 1961 (43 of 1961); ( 8 ) The Customs Act, 1962 (52 of 1962); ( 9 ) The Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); ( 10 ) The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974); ( 11 ) The Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); ( 12 ) The Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986); ( 13 ) The Environment (Protection) Act, 1986 (29 of 1986); ( 14 ) The Prohibition of Benami Property Transactions Act, 1988 (45 of 1988); ( 15 ) The Prevention of Corruption Act, 1988 (49 of 1988); ( 16 ) The Securities and Exchange Board of India Act, 1992 (15 of 1992); ( 17 ) The Foreign Exchange Management Act, 1999 (42 of 1999); ( 18 ) The Competition Act, 2002 (12 of 2003); ( 19 ) The Prevention of Money-laundering Act, 2002 (15 of 2003); ( 20 ) The Limited Liability Partnership Act, 2008 (6 of 2009); ( 21 ) The Foreign Contribution (Regulation) Act, 2010 (42 of 2010); ( 22 ) The Companies Act, 2013 (18 of 2013) or any previous company law; Insertion of new Schedule. 27 of 2006. Ex-20/2019 - 14 - - PB - (23 ) The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015); (24 ) The Insolvency and Bankruptcy Code, 2016 (31 of 2016); ( 25 ) The Central Goods and Services Tax Act, 2017 (12 of 2017) and respective State Acts imposing State goods and services tax; (26 ) such other Acts as may be notified by the Central Government. Every notification issued under this Schedule shall be laid, as soon as \ may be after it is issued, before each House of Parliament.". 39. In section 434 of the Companies Act, 2013, [as substituted by paragraph 34 of the Eleventh Schedule to the Insolvency and Bankruptcy Code, 2016], i\ n sub-section ( 1), in clause ( c), after the proviso, the following proviso shall be inserted, namely:— "Provided further that any party or parties to any proceedings relating \ to the winding up of companies pending before any Court immediately before \ the commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinan\ ce, 2018, may file an application for transfer of such proceedings and the C\ ourt may by order transfer such proceedings to the Tribunal and the proceedings so transferred shall be dealt with by the Tribunal as an application for in\ itiation of corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016.". 40. (1 ) The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 is hereby repealed. (2 ) Notwithstanding such repeal, anything done or any action taken under the Insolvency and Bankruptcy Code, 2016, as amended by the said Ordinance, \ shall be deemed to have been done or taken under the corresponding provisions of \ the said Code, as amended by this Act. ———— DR . G. NARAYANA RAJU, Secretary to the Govt. of India. Amendment of section 434 of Act 18 of 2013. Repeal and savings. Ord. 6 of 2018. 31 of 2016. 31 of 2016. MGIPMRND—1671GI(S3)—17-08-2018.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. 14 THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— S EC. 1] MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.08.17 19:34:08 +05'30' The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 23 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Appropriation (No. 4) Act, 2018’ (Act No. 29 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 Ex-20/2019

- PB - - 1 - THE SCHEDULED CASTES AND THE SCHEDULED TRIBES(PREVENTION OF ATROCITIES) AMENDMENT ACT, 2018 NO. 27 OF 2018 [17th August, 2018.] An Act further to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. (1 ) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018. (2 ) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Short title and commencement. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 39] ubZ fnYyh] 'kqØ okj] vxLr 17] 2018@ Jko.k 26] 1940 ¼'kd½ No. 39] NEW DELHI, FRIDAY, AUGUST 17, 2018/SHRAVANA 26, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa \ j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 17th August, 2018/Shravana 26,1940 ( Saka) The following Act of Parliament received the assent of the President on the 17th August, 2018, and is hereby published for general information:— THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2018 NO. 27 OF 2018 [17th August, 2018.] An Act further to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. (1 ) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018. (2 ) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Short title and commencement. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 39] ubZ fnYyh] 'kqØ okj] vxLr 17] 2018@ Jko.k 26] 1940 ¼'kd½ No. 39] NEW DELHI, FRIDAY, AUGUST 17, 2018/SHRAVANA 26, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa \ j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 17th August, 2018/Shravana 26,1940 ( Saka) The following Act of Parliament received the assent of the President on the 17th August, 2018, and is hereby published for general information:— NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. The Scheduled Castes and Scheduled Tribes (Prevention of Atroci ties) Amendment Act, 2018’ (Act No. 27 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 21 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. The Scheduled Castes and Scheduled Tribes (Prevention of Atroci ties) Amendment Act, 2018’ (Act No. 27 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 21 Ex-21/2019 - 2 - - PB - 2.After section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the following section shall be inserted, namely:— "18A. (1) For the purposes of this Act,— ( a ) preliminary enquiry shall not be required for registration of a First Information Report against any person; or (b ) the investigating officer shall not require approval for the arrest, if necessary, of any person, against whom an accusation of having committed an offence under this Act has been made and no procedure other than that provided under this Act or the Code shall apply. (2 ) The provisions of section 438 of the Code shall not apply to a case under this Act, notwithstanding any judgment or order or direction of any Court.". ———— DR . G. NARAYANA RAJU, Secretary to the Govt. of India. Insertion of new section 18A. 33 of 1989. No enquiry or approval required. MGIPMRND—1670GI(S3)—17-08-2018. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DEL\ HI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. 2 THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— S EC. 1] MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.08.17 19:08:23 +05'30' The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 21 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. The Scheduled Castes and Scheduled Tribes (Prevention of Atroci ties) Amendment Act, 2018’ (Act No. 27 of 2018) Under Secretary to the Govt. of Mizoram. Published and Issued by Controller, Printing & Stationery Department, Government of MizoramPrinted at the Mizoram Government Press, Aizawl. C/60 Ex-21/2019

- PB - - 1 - THE COMMERCIAL COURTS, COMMERCIAL DIVISION ANDCOMMERCIAL APPELLATE DIVISION OF HIGH COURTS (AMENDMENT) ACT, 2018 NO. 28 OF 2018 [20th August, 2018.] An Act to amend the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1.(1 ) This Act may be called the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018. (2 ) Save as otherwise provided, it shall be deemed to have come into force on the 3rd day of May, 2018. Short title and commence- ment. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 41] ubZ fnYyh] eaxyokj] vxLr 21] 2018@ Jko.k 30] 1940 ¼'kd½ No. 41] NEW DELHI, TUESDAY, AUGUST 21, 2018/SHRAVANA 30, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa \ j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 21st August, 2018/Shravana 30,1940 ( Saka) The following Act of Parliament received the assent of the President on the 20th August, 2018, and is hereby published for general information:— THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS (AMENDMENT) ACT, 2018 N O. 28 OF 2018 [20 th August, 2018.] An Act to amend the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1.(1 ) This Act may be called the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018. (2 ) Save as otherwise provided, it shall be deemed to have come into force on the 3rd day of May, 2018. Short title and commence- ment. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 41] ubZ fnYyh] eaxyokj] vxLr 21] 2018@ Jko.k 30] 1940 ¼'kd½ No. 41] NEW DELHI, TUESDAY, AUGUST 21, 2018/SHRAVANA 30, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa \ j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—18 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 21st August, 2018/Shravana 30,1940 ( Saka) The following Act of Parliament received the assent of the President on the 20th August, 2018, and is hereby published for general information:— The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 22 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Commercial Courts, Commercial Division and Commercial Appe llate Division of High Courts (Amendment) Act, 2018’ (Act No. 28 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 22 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Commercial Courts, Commercial Division and Commercial Appe llate Division of High Courts (Amendment) Act, 2018’ (Act No. 28 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 Ex-22/2019 - 2 - - 3 - 2THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— 2. In the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as the principal Act), in the long title, after the words "Commercial Courts", the words "Commercial Appellate Courts," shall be inserted. 3.In section 1 of the principal Act, for sub-section ( 1), the following sub-section shall be substituted, namely: — "( 1) This Act may be called the Commercial Courts Act, 2015.". 4. In section 2 of the principal Act, in sub-section ( 1), — (I) clause ( a) shall be renumbered as clause (aa ) thereof, and before clause ( aa ) as so renumbered, the following clause shall be inserted, namely: — '(a) "Commercial Appellate Courts" means the Commercial Appellate Courts designated under section 3A;'; ( II ) in clause ( i), for the words "which shall not be less than one crore rupees", the words "which shall not be less than three lakh rupees" shall be substituted. 5. In the principal Act, in Chapter II, for the Chapter heading, the following Chapter heading shall be substituted, namely: — "COMMERCIAL COURTS, COMMERCIAL APPELLATE COURTS, COMMERCIAL DIVISIONS AND COMMERCIAL APPELLATE DIVISIONS". 6. In section 3 of the principal Act, — (a ) in sub-section ( 1), for the proviso, the following provisos shall be substituted, namely: — "Provided that with respect to the High Courts having ordinary original civil jurisdiction, the State Government may, after consultation with the concerned High Court, by notification, constitute Commercial Courts at the District Judge level: Provided further that with respect to a territory over which the High Courts have ordinary original civil jurisdiction, the State Government may, by notification, specify such pecuniary value which shall not be less than three lakh rupees and not more than the pecuniary jurisdiction exercisab\ le by the District Courts, as it may consider necessary."; ( b ) after sub-section ( 1), the following sub-section shall be inserted, namely: — "( 1A ) Notwithstanding anything contained in this Act, the State Government may, after consultation with the concerned High Court, by notification, specify such pecuniary value which shall not be less than three lakh rupees or such higher value, for whole or part of the State, as it may consider necessary."; ( c ) in sub-section ( 3), — (i) for the words "State Government shall", the words "State Government may" shall be substituted; (ii ) for the words "Commercial Court, from amongst the cadre of Higher Judicial Service in the State", the following words shall be substituted\ , namely: — "Commercial Court either at the level of District Judge or a court below the level of a District Judge". Amendment of long title. 4 of 2016. Amendment of section 1. Amendment of section 2. Substitution of Chapter heading. Amendment of section 3. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 7. After section 3 of the principal Act, the following section shall be inserted, namely: — "3A. Except the territories over which the High Courts have ordinary ori\ ginal civil jurisdiction, the State Government may, after consultation with the concerned High Court, by notification, designate such number of Commercial Appellate Courts at District Judge level, as it may deem necessary, for the purposes of exercising the jurisdiction and powers conferred on those Courts under this Act.". 8. In section 4 of the principal Act, in sub-section ( 1), for the words "ordinary civil jurisdiction", the words "ordinary original civil jurisdiction" sh\ all be substituted. 9.Section 9 of the principal Act shall be omitted. 10. In section 12 of the principal Act, in sub-section ( 1), — (i) in clause ( c), after the words "Specified Value;", the word "and" shall be inserted; (ii ) in clause ( d), the word "and", occurring at the end, shall be omitted; ( iii ) clause ( e) shall be omitted. 11. After Chapter III of the principal Act, the following Chapter shall be inserted, namely: — "CHAPTER IIIA P RE-INSTITUTION M EDIATION AND SETTLEMENT 12A. (1) A suit, which does not contemplate any urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of pre-institution mediation in accordance with such manner and procedure a\ s may be prescribed by rules made by the Central Government. (2 ) The Central Government may, by notification, authorise the Authorities constituted under the Legal Services Authorities Act, 1987, for the purposes of pre-institution mediation. (3 ) Notwithstanding anything contained in the Legal Services Authorities Act, 1987, the Authority authorised by the Central Government under sub-section ( 2) shall complete the process of mediation within a period of three months from the date of application made by the plaintiff under sub-sect\ ion ( 1): Provided that the period of mediation may be extended for a further peri\ od of two months with the consent of the parties: Provided further that, the period during which the parties remained occupied with the pre-institution mediation, such period shall not be computed fo\ r the purpose of limitation under the Limitation Act, 1963. (4 ) If the parties to the commercial dispute arrive at a settlement, the same shall be reduced into writing and shall be signed by the parties to the dispute and the mediator. (5 ) The settlement arrived at under this section shall have the same status and effect as if it is an arbitral award on agreed terms under sub-section ( 4) of section 30 of the Arbitration and Conciliation Act, 1996.". 12. In section 13 of the principal Act, for sub-section ( 1), the following shall be substituted, namely: — Insertion of new section 3A. Designation of Commercial Appellate Courts. Amendment of section 4. Omission of section 9. Amendment of section 12. Insertion of new Chapter IIIA. Pre- Institution Mediation and Settlement. Amendment of section 13. 39 of 1987. 39 of 1987. 36 of 1963. 26 of 1996. Ex-22/2019 - 2 - - 3 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 3 7. After section 3 of the principal Act, the following section shall be inserted, namely: — "3A. Except the territories over which the High Courts have ordinary ori\ ginal civil jurisdiction, the State Government may, after consultation with the concerned High Court, by notification, designate such number of Commercial Appellate Courts at District Judge level, as it may deem necessary, for the purposes of exercising the jurisdiction and powers conferred on those Courts under this Act.". 8. In section 4 of the principal Act, in sub-section ( 1), for the words "ordinary civil jurisdiction", the words "ordinary original civil jurisdiction" sh\ all be substituted. 9.Section 9 of the principal Act shall be omitted. 10. In section 12 of the principal Act, in sub-section ( 1), — (i) in clause ( c), after the words "Specified Value;", the word "and" shall be inserted; (ii ) in clause ( d), the word "and", occurring at the end, shall be omitted; ( iii ) clause ( e) shall be omitted. 11. After Chapter III of the principal Act, the following Chapter shall be inserted, namely: — "CHAPTER IIIA P RE-INSTITUTION M EDIATION AND SETTLEMENT 12A. (1) A suit, which does not contemplate any urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of pre-institution mediation in accordance with such manner and procedure a\ s may be prescribed by rules made by the Central Government. (2 ) The Central Government may, by notification, authorise the Authorities constituted under the Legal Services Authorities Act, 1987, for the purposes of pre-institution mediation. (3 ) Notwithstanding anything contained in the Legal Services Authorities Act, 1987, the Authority authorised by the Central Government under sub-section ( 2) shall complete the process of mediation within a period of three months from the date of application made by the plaintiff under sub-sect\ ion ( 1): Provided that the period of mediation may be extended for a further peri\ od of two months with the consent of the parties: Provided further that, the period during which the parties remained occupied with the pre-institution mediation, such period shall not be computed fo\ r the purpose of limitation under the Limitation Act, 1963. (4 ) If the parties to the commercial dispute arrive at a settlement, the same shall be reduced into writing and shall be signed by the parties to the dispute and the mediator. (5 ) The settlement arrived at under this section shall have the same status and effect as if it is an arbitral award on agreed terms under sub-section ( 4) of section 30 of the Arbitration and Conciliation Act, 1996.". 12. In section 13 of the principal Act, for sub-section ( 1), the following shall be substituted, namely: — Insertion of new section 3A. Designation of Commercial Appellate Courts. Amendment of section 4. Omission of section 9. Amendment of section 12. Insertion of new Chapter IIIA. Pre- Institution Mediation and Settlement. Amendment of section 13. 39 of 1987. 39 of 1987. 36 of 1963. 26 of 1996. Ex-22/2019 - 4 - - 5 - 4THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— "(1) Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order. (1A ) Any person aggrieved by the judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction or\ , as the case may be, Commercial Division of a High Court may appeal to the Commercial\ Appellate Division of that High Court within a period of sixty days from\ the date of the judgment or order: Provided that an appeal shall lie from such orders passed by a Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 as amended by this Act and section 37 of the Arbitration and Conciliation Act, 1996.". 13. In section 14 of the principal Act, for the words "Commercial Appellate Division", the words "Commercial Appellate Court and the Commercial Appellate Division" shall be substituted. 14. In section 15 of the principal Act, in sub-section ( 4), for the words, figures and letter "with Order XIV-A", the words, figures and letter "with Order XV-A" shall be substituted. 15.In section 17 of the principal Act, for the words "Commercial Courts" and "Commercial Court", wherever they occur, the words "Commercial Courts, Commercial Appellate Courts" shall be substituted. 16.In section 20 of the principal Act, for the words "Commercial Court", the words "Commercial Courts, Commercial Appellate Courts" shall be substituted. 17.After section 21 of the principal Act, the following section shall be inserted, namely: — "21A. ( 1) The Central Government may, by notification, make rules for carrying out the provisions of this Act. (2 ) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for or any of the following matters, namely: — ( a ) the manner and procedure of pre-institution mediation under sub-section ( 1) of section 12A; ( b ) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules made by the Central\ Government. ( 3 ) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, whi\ le it is in session, for a total period of thirty days which may be comprised in one\ session, or in two or more successive sessions, and if, before the expiry of the \ session immediately following the session or the successive sessions aforesaid, \ both Houses agree in making any modification in the rule, or both Houses agre\ e that the rule should not be made, the rule shall thereafter have effect only \ in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of \ anything previously done under that rule.". 18. In the Schedule to the principal Act, — (i) in Paragraph 4, in sub-paragraph (D), in item ( iv), — (a ) in the opening portion, the words "after the first proviso,"shall be omitted; Amendment of section 14. Amendment of section 15. Amendment of section 17. Amendment of section 20. Insertion of new section 21A. Power of Central Government to make rules. Amendment of Schedule. 5 of 1908. 26 of 1996. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 ( b ) for the words "Provided further that", the words "Provided that" shall be substituted; ( ii ) in Paragraph 11, for the words "Commercial Court", the words "Commercial Court, Commercial Appellate Court" shall be substituted; (iii ) after Paragraph 11, the following shall be inserted and shall be deemed to have been inserted with effect from the 23rd October, 2015, namely: — ‘12. After Appendix H, the following Appendix shall be inserted, namely: — ‘‘APPENDIX-I STATEMENT OF TRUTH (Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3) I ----- the deponent do hereby solemnly affirm and declare as under: 1. I am the party in the above suit and competent to swear this affidavi\ t. 2. I am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto. 3. I say that the statements made in -----paragraphs are true to my know\ ledge and statements made in -----paragraphs are based on information received whi\ ch I believe to be correct and statements made in ---paragraphs are based on legal advice. 4. I say that there is no false statement or concealment of any material\ fact, document or record and I have included information that is according to \ me, relevant for the present suit. 5. I say that all documents in my power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the plaint, and that I do not have any o\ ther documents in my power, possession, control or custody. 6. I say that the above-mentioned pleading comprises of a total of ---- pages, each of which has been duly signed by me. 7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me. 8. I say that I am aware that for any false statement or concealment, I \ shall be liable for action taken against me under the law for the time being in f\ orce. Place: Date: DEPONENT VERIFICATION I, ………………………. do hereby declare that the statements made above are true to my knowledge. Verified at [place] on this [date] DEPONENT.".'. Ex-22/2019 - 4 - - 5 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 5 (b ) for the words "Provided further that", the words "Provided that" shall be substituted; ( ii ) in Paragraph 11, for the words "Commercial Court", the words "Commercial Court, Commercial Appellate Court" shall be substituted; (iii ) after Paragraph 11, the following shall be inserted and shall be deemed to have been inserted with effect from the 23rd October, 2015, namely: — ‘12. After Appendix H, the following Appendix shall be inserted, namely: — ‘‘APPENDIX-I STATEMENT OF TRUTH (Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3) I ----- the deponent do hereby solemnly affirm and declare as under: 1. I am the party in the above suit and competent to swear this affidavi\ t. 2. I am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto. 3. I say that the statements made in -----paragraphs are true to my know\ ledge and statements made in -----paragraphs are based on information received which I believe to be correct and statements made in ---paragraphs are based on legal advice. 4. I say that there is no false statement or concealment of any material\ fact, document or record and I have included information that is according to \ me, relevant for the present suit. 5. I say that all documents in my power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the plaint, and that I do not have any o\ ther documents in my power, possession, control or custody. 6. I say that the above-mentioned pleading comprises of a total of ---- pages, each of which has been duly signed by me. 7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me. 8. I say that I am aware that for any false statement or concealment, I \ shall be liable for action taken against me under the law for the time being in f\ orce. Place: Date: DEPONENT VERIFICATION I, ………………………. do hereby declare that the statements made above are true to my knowledge. Verified at [place] on this [date] DEPONENT.".'. Ex-22/2019 - 6 - - PB - 19. Save as otherwise provided, the provisions of this Act shall apply only to cases relating to commercial disputes filed on or after the date of comm\ encement of this Act. 20. (1) The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Ordinance, 2018 is hereby repealed. (2 ) Notwithstanding the repeal of the said Ordinance, anything done or an\ y action taken under the said Ordinance shall deemed to have been done or \ taken under the corresponding provisions of this Act. Application of provisions of this Act to cases filed on or after its commence- ment. Repeal and savings. Ordinance 3 of 2018. ———— DR . G. NARAYANA RAJU, Secretary to the Govt. of India. MGIPMRND—1689GI(S3)—21-08-2018. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DEL\ HI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. 6 THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— S EC. 1] MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.08.21 17:51:34 +05'30' The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 22 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Commercial Courts, Commercial Division and Commercial Appe llate Division of High Courts (Amendment) Act, 2018’ (Act No. 28 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 Ex-22/2019

- PB - - 1 - THE APPROPRIATION (No. 4) ACT, 2018 NO. 29 OF 2018 [24th August, 2018.] An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 2018-19. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1.This Act may be called the Appropriation ( No. 4) Act, 2018. 2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting\ in the aggregate to the sum of eleven thousand six hundred ninety-seven crore a\ nd ninety- two lakh rupees towards defraying the several charges which will come in course of payment during the financial year 2018-19 in respect of the services specified in column 2 of the Schedule. 3.The sums authorised to be paid and applied from and out of the Consolida\ ted Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year. Short title. Issue of Rs. 11697,92,00,000 out of the Consolidated Fund of India for the financial year 2018-19. Appropriation. jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 42] ubZ fnYyh] 'kfuokj] vxLr 25] 2018@ Hkknzin 3] 1940 ¼'kd½ No. 42] NEW DELHI, SA TURDAY, AUGUST 25, 2018/BHADRAPADA 3, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa \ j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 25th August, 2018/Bhadrapada 3,1940 ( Saka) The following Act of Parliament received the assent of the President on the 24th August, 2018, and is hereby published for general information:— REGISTERED NO. DL—(N)04/0007/2003—18 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 23 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Appropriation (No. 4) Act, 2018’ (Act No. 29 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 23 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Appropriation (No. 4) Act, 2018’ (Act No. 29 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 23 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Appropriation (No. 4) Act, 2018’ (Act No. 29 of 2018) Under Secretary to the Govt. of MizoramLaw & Judicial Department. An Act Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/60 Ex-23/2019 - 2 - - 3 - 2THE GAZETTE OF INDIA EXTRAORDINARY [P A RT II— 2 1 Department of Agriculture, Cooperation and Farmers’ Welfare ........................................................................\ .. Revenue1791,64,00,000 ..1791,64,00,000 2 Department of Agricultural Research and Education Revenue1,00,000 ..1,00,000 3 Department of Animal Husbandry, Dairying and Fisheries ........................................................................\ . Revenue2,00,000 ..2,00,000 4 Atomic Energy ............................................................. Revenue2,00,000 ..2,00,000 Capital 2,00,000 ..2,00,000 5 Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) ..........................Revenue30,00,00,000 ..30,00,00,000 6 Department of Chemicals and Petrochemicals ........Revenue 200,00,00,000 ..200,00,00,000 7 Department of Fertilisers ............................................Revenue2,00,00,000 ..2,00,00,000 9 Ministry of Civil Aviation ...........................................Capital980,00,00,000 ..980,00,00,000 1 1 Department of Commerce ..........................................Revenue500,01,00,000 ..500,01,00,000 1 2 Department of Industrial Policy and Promotion .....Revenue 3,00,000 ..3,00,000 1 3 Department of Posts .................................................... Revenue600,00,00,000 ..600,00,00,000 1 4 Department of Telecommunications .........................Revenue .. 78,82,00,000 78,82,00,000 1 5 Department of Consumer Affairs ...............................Revenue1,00,000 ..1,00,000 1 6 Department of Food and Public Distribution ............Revenue 463,31,00,000 ..463,31,00,000 1 7 Ministry of Corporate Affairs .....................................Revenue1,00,000 ..1,00,000 1 8 Ministry of Culture ....................................................... Revenue2,00,000 ..2,00,000 Capital 150,00,00,000 ..150,00,00,000 1 9 Ministry of Defence (Misc.) .......................................Revenue1057,84,00,000 ..1057,84,00,000 2 3 Ministry of Development of North Eastern Region ... Revenue110,00,00,000 ..110,00,00,000 2 4 Ministry of Drinking Water and Sanitation ..............Revenue 1,00,000 ..1,00,000 2 5 Ministry of Earth Sciences ..........................................Capital1,00,000 ..1,00,000 2 6 Ministry of Electronics and Information Technology ..Revenue200,01,00,000 ..200,01,00,000 2 7 Ministry of Environment, Forests and Climate Change .. Revenue50,01,00,000 ..50,01,00,000 2 8 Ministry of External Affairs .......................................Revenue250,00,00,000 ..250,00,00,000 Capital 1,00,000 ..1,00,000 2 9 Department of Economic Affairs ...............................Revenue3,00,000 ..3,00,000 Capital 2,00,000 ..2,00,000 3 1 Department of Financial Services ..............................Capital20,00,00,000 ..20,00,00,000 3 2 Department of Investment and Public Asset Management (DIPAM) ................................................ Revenue27,15,00,000 ..27,15,00,000 3 4 Direct Taxes .................................................................. Capital2,00,000 ..2,00,000 3 5 Indirect Taxes ............................................................... Revenue1,00,000 ..1,00,000 3 6 Indian Audit and Accounts Department .....................Revenue14,00,00,000 ..14,00,00,000 4 1 Ministry of Food Processing Industries .....................Revenue 2,00,000 ..2,00,000 4 2 Department of Health and Family Welfare ..............Revenue 4,00,000 ..4,00,000 Capital 2,00,000 ..2,00,000 4 4 Department of Heavy Industry ..................................Capital2,00,000 ..2,00,000 4 6 Ministry of Home Affairs ............................................Revenue1,00,0002,17,00,000 2,18,00,000 4 7 Cabinet ........................................................................\ ... Revenue150,00,00,000 ..150,00,00,000 Capital 715,89,00,000 ..715,89,00,000 4 8 Police ........................................................................\ ..... Revenue516,31,00,000 ..516,31,00,000 Capital 25,64,00,000 ..25,64,00,000 4 9 Andaman and Nicobar Islands .....................................Revenue86,00,00,000 ..86,00,00,000 5 2 Daman and Diu ............................................................. Revenue1,00,000 ..1,00,000 Capital 1,00,000 .. 1,00,000 THE SCHEDULE (See sections 2 and 3) 12 3 Sums not exceeding Services and purposes Voted Charged by Parliament on theTotal Consolidated Fund Rs. Rs. Rs. No. of Vote 2 SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 3 12 3 Sums not exceeding Services and purposes Voted Charged by Parliament on theTotal Consolidated Fund Rs. Rs. Rs. No. of Vote 5 6 Ministry of Housing and Urban Affairs ......................Revenue 3,00,000 ..3,00,000 Capital 4,00,000 ..4,00,000 5 7 Department of School Education and Literacy .......Revenue 3,00,000 ..3,00,000 5 8 Department of Higher Education ..............................Revenue3,00,000 ..3,00,000 5 9 Ministry of Information and Broadcasting ...............Revenue 1,00,000 ..1,00,000 Capital 1,00,000 ..1,00,000 6 4 Ministry of Micro, Small and Medium Enterprises .. Revenue2,00,000 ..2,00,000 Capital 1,00,000 ..1,00,000 6 5 Ministry of Mines ........................................................ Revenue1,00,000 ..1,00,000 6 8 Ministry of Panchayati Raj ........ .................................Revenue4,00,000 ..4,00,000 7 0 Ministry of Personnel, Public Grievances and Pensions ........................................................................\ . Revenue1,00,000 ..1,00,000 Capital 9,00,000 ..9,00,000 C HARGED .— Central Vigilance Commission .................Revenue .. 1,00,000 1,00,000 7 2 Ministry of Petroleum and Natural Gas .....................Revenue1708,01,00,000 ..1708,01,00,000 7 3 Ministry of Planning .................................................... Revenue20,90,00,000 ..20,90,00,000 7 4 Ministry of Power ........................................................ Revenue1,00,000 ..1,00,000 7 6 Lok Sabha...................................................................... Revenue20,00,00,000 10,00,00020,10,00,000 7 7 Rajya Sabha ................................................................... Revenue23,84,00,000 1,13,00,000 24,97,00,000 8 0 Ministry of Railways .................................................... Capital1,00,000 ..1,00,000 8 1 Ministry of Road Transport and Highways ...............Capital 1,00,000 ..1,00,000 8 2 Department of Rural Development ...........................Revenue3,00,000 ..3,00,000 8 4 Department of Science and Technology ...................Revenue 1,00,000 ..1,00,000 8 5 Department of Biotechnology ...................................Revenue2,00,000 ..2,00,000 8 7 Ministry of Shipping .................................................... Revenue218,60,00,000 ..218,60,00,000 8 9 Department of Social Justice and Empowerment .....Revenue 156,50,00,000 ..156,50,00,000 Capital 1,00,000 ..1,00,000 9 1 Department of Space ................................................... Revenue1,00,000 ..1,00,000 Capital 1,00,000 ..1,00,000 9 2 Ministry of Statistics and Programme Implementation ....Revenue 2,00,000 ..2,00,000 9 3 Ministry of Steel ........................................................... Revenue1,00,000 ..1,00,000 9 4 Ministry of Textiles ..................................................... Revenue1500,02,00,000 ..1500,02,00,000 Capital 1,00,000 ..1,00,000 9 5 Ministry of Tourism ..................................................... Revenue1,00,000 ..1,00,000 9 6 Ministry of Tribal Affairs ............................................Revenue1,00,0001,00,000 2,00,000 9 7 Ministry of Water Resources, River Development and Ganga Rejuvenation ..................................................... Revenue4,00,000 ..4,00,000 Capital 1,00,000 ..1,00,000 9 8 Ministry of Women and Child Development ...........Revenue 4,00,000 ..4,00,000 Capital 27,00,00,000 ..27,00,00,000 9 9 Ministry of Youth Affairs and Sports .........................Revenue 2,00,000 ..2,00,000 T OTAL : 11615,68,00,000 82,24,00,00011697,92,00,000 ———— DR . G. NARAYANA RAJU, Secretary to the Govt. of India. MGIPMRND—1709GI(S3)—25-08-2018. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DEL\ HI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.08.25 18:04:23 +05'30' The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 23 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Appropriation (No. 4) Act, 2018’ (Act No. 29 of 2018) Under Secretary to the Govt. of Mizoram. Published and Issued by Controller, Printing & Stationery Department, Government of MizoramPrinted at the Mizoram Government Press, Aizawl. C/60 Ex-23/2019 - 2 - - 3 - SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY 3 12 3 Sums not exceeding Services and purposes Voted Charged by Parliament on theTotal Consolidated Fund Rs. Rs. Rs. No. of Vote 5 6 Ministry of Housing and Urban Affairs ......................Revenue 3,00,000 ..3,00,000 Capital 4,00,000 ..4,00,000 5 7 Department of School Education and Literacy .......Revenue 3,00,000 ..3,00,000 5 8 Department of Higher Education ..............................Revenue3,00,000 ..3,00,000 5 9 Ministry of Information and Broadcasting ...............Revenue 1,00,000 ..1,00,000 Capital 1,00,000 ..1,00,000 6 4 Ministry of Micro, Small and Medium Enterprises .. Revenue2,00,000 ..2,00,000 Capital 1,00,000 ..1,00,000 6 5 Ministry of Mines ........................................................ Revenue1,00,000 ..1,00,000 6 8 Ministry of Panchayati Raj ........ .................................Revenue4,00,000 ..4,00,000 7 0 Ministry of Personnel, Public Grievances and Pensions ........................................................................\ . Revenue1,00,000 ..1,00,000 Capital 9,00,000 ..9,00,000 C HARGED .— Central Vigilance Commission .................Revenue .. 1,00,000 1,00,000 7 2 Ministry of Petroleum and Natural Gas .....................Revenue1708,01,00,000 ..1708,01,00,000 7 3 Ministry of Planning .................................................... Revenue20,90,00,000 ..20,90,00,000 7 4 Ministry of Power ........................................................ Revenue1,00,000 ..1,00,000 7 6 Lok Sabha...................................................................... Revenue20,00,00,000 10,00,00020,10,00,000 7 7 Rajya Sabha ................................................................... Revenue23,84,00,000 1,13,00,000 24,97,00,000 8 0 Ministry of Railways .................................................... Capital1,00,000 ..1,00,000 8 1 Ministry of Road Transport and Highways ...............Capital 1,00,000 ..1,00,000 8 2 Department of Rural Development ...........................Revenue3,00,000 ..3,00,000 8 4 Department of Science and Technology ...................Revenue 1,00,000 ..1,00,000 8 5 Department of Biotechnology ...................................Revenue2,00,000 ..2,00,000 8 7 Ministry of Shipping .................................................... Revenue218,60,00,000 ..218,60,00,000 8 9 Department of Social Justice and Empowerment .....Revenue 156,50,00,000 ..156,50,00,000 Capital 1,00,000 ..1,00,000 9 1 Department of Space ................................................... Revenue1,00,000 ..1,00,000 Capital 1,00,000 ..1,00,000 9 2 Ministry of Statistics and Programme Implementation ....Revenue 2,00,000 ..2,00,000 9 3 Ministry of Steel ........................................................... Revenue1,00,000 ..1,00,000 9 4 Ministry of Textiles ..................................................... Revenue1500,02,00,000 ..1500,02,00,000 Capital 1,00,000 ..1,00,000 9 5 Ministry of Tourism ..................................................... Revenue1,00,000 ..1,00,000 9 6 Ministry of Tribal Affairs ............................................Revenue1,00,0001,00,000 2,00,000 9 7 Ministry of Water Resources, River Development and Ganga Rejuvenation ..................................................... Revenue4,00,000 ..4,00,000 Capital 1,00,000 ..1,00,000 9 8 Ministry of Women and Child Development ...........Revenue 4,00,000 ..4,00,000 Capital 27,00,00,000 ..27,00,00,000 9 9 Ministry of Youth Affairs and Sports .........................Revenue 2,00,000 ..2,00,000 T OTAL : 11615,68,00,000 82,24,00,00011697,92,00,000 ———— DR . G. NARAYANA RAJU, Secretary to the Govt. of India. MGIPMRND—1709GI(S3)—25-08-2018. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DEL\ HI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MANOJ KUMAR Digitally signed by MANOJ KUMAR Date: 2018.08.25 18:04:23 +05'30' The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL - XLVIII Aizawl, Thursday 10.01.2019 Pausha 20, S.E. 1940, Issue No. 23 NOTIFICA TION No.H.12017/55/2018-LJD, the 3 rd January, 2019: The following Act is hereby re-published for general information. ‘The Appropriation (No. 4) Act, 2018’ (Act No. 29 of 2018) Under Secretary to the Govt. of Mizoram. Published and Issued by Controller, Printing & Stationery Department, Government of MizoramPrinted at the Mizoram Government Press, Aizawl. C/60 Ex-23/2019