The Governing body of “The Mizoram State Health Society” for the effective and proper implementation of the National Health Mission in the State of Mizoram
NOTIFICATION No. B. 12015/1/2013-HFW, the 14th August, 2013.In supersession of the Department Notification No. B. 12012/2/2006-HFW dated 25th April, 2009, the Governor of Mizoram is pleased to re- constitute the Governing body of “T he Mizoram State Health Society” for the effective and proper implementation of the National Health Mission in the Sta te of Mizoram consisting of the following members with immediate effect unt il furt her or der - 1.Chief Secretary- Chairman 2.Secretary, Health & Family Welfare- Vice Chairman 3.Joint Secretary, Health & F.W- Member Secretary 4.Fina nce Commissioner, Finance Deptt.- Member 5.Adviser, Planning Department- Member 6.Secreta ry, UD&PA Deptt.- Member 7.Joint Secretary (NE), Minis try of Health & F.W, Govt. of India- Member 8.Regional Dir ector Imphal, Govt. of India- Member 9.Director, RRC- Member 10.Dir ector, Hea lth Services- Member 11.Director, Hospital & Medical Educa tion- Member 12.Director, LAD- Member 13.Director, R ural Development, Mizoram- Member 14.Director, Social Welfare, Mizoram- Member 15.Mission Director, NRHM- Member 16.Director, School Education- Member 17.Engineer-in-Chief, PWD- Member 18.Engineer-in-Chief, PHE Deptt.- Member 19.Engineer-in-Chief, P&E Deptt.- Member Terms of reference -1.The Mizoram State Health Society so constituted should be registered under the Registrar, Firm & Societies. In absence of Chairman, Vice Chairman will exercise all the function of the Chair man. 2.The Governing body shall meet at least once in every 6(s ix) months. 3.Appr oval/endorsement of Annual State Action Plan for NHM.The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Tuesday 20.8.2013 Sravana 29, S.E. 1935, Issue No. 428RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-428/2013 4.Consideration of proposals for institutional reforms in the H&FW Sector. 5.Review of implementation of the Annual Action P lan. 6.Inter Sectoral Co-ordination - All NHM r elated sectors and beyond (e.g. administrative reforms acros s the St ate) 7.Status of follow up action on decisions of the State Health Mission. 8.Co-ordination with NGOs/Donors/Other Agencies/Organisations. 9.Any other ma tter assigned by State Health Mission from time to time. L. Tochhong, Chief Secretary, Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. B. 12015/1/2013-HFW, the 14th August, 2013.In supersession of the Department Notification No. B. 12012/2/2006-HFW dated 25th April, 2009, the Governor of Mizoram is pleased to re- constitute the Governing body of “T he Mizoram State Health Society” for the effective and proper implementation of the National Health Mission in the Sta te of Mizoram consisting of the following members with immediate effect unt il furt her or der - 1.Chief Secretary- Chairman 2.Secretary, Health & Family Welfare- Vice Chairman 3.Joint Secretary, Health & F.W- Member Secretary 4.Fina nce Commissioner, Finance Deptt.- Member 5.Adviser, Planning Department- Member 6.Secreta ry, UD&PA Deptt.- Member 7.Joint Secretary (NE), Minis try of Health & F.W, Govt. of India- Member 8.Regional Dir ector Imphal, Govt. of India- Member 9.Director, RRC- Member 10.Dir ector, Hea lth Services- Member 11.Director, Hospital & Medical Educa tion- Member 12.Director, LAD- Member 13.Director, R ural Development, Mizoram- Member 14.Director, Social Welfare, Mizoram- Member 15.Mission Director, NRHM- Member 16.Director, School Education- Member 17.Engineer-in-Chief, PWD- Member 18.Engineer-in-Chief, PHE Deptt.- Member 19.Engineer-in-Chief, P&E Deptt.- Member Terms of reference -1.The Mizoram State Health Society so constituted should be registered under the Registrar, Firm & Societies. In absence of Chairman, Vice Chairman will exercise all the function of the Chair man. 2.The Governing body shall meet at least once in every 6(s ix) months. 3.Appr oval/endorsement of Annual State Action Plan for NHM.The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Tuesday 20.8.2013 Sravana 29, S.E. 1935, Issue No. 428RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-428/2013 4.Consideration of proposals for institutional reforms in the H&FW Sector. 5.Review of implementation of the Annual Action P lan. 6.Inter Sectoral Co-ordination - All NHM r elated sectors and beyond (e.g. administrative reforms acros s the St ate) 7.Status of follow up action on decisions of the State Health Mission. 8.Co-ordination with NGOs/Donors/Other Agencies/Organisations. 9.Any other ma tter assigned by State Health Mission from time to time. L. Tochhong, Chief Secretary, Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Obituary Pu Zohmingthanga, Principal, DIET, Aizawl on the 13th August, 2013
OBITUARY No. A. 19011/1/2010-EDN, the 14th August, 2013.The Government of Mizoram has learnt , wit h de ep so rro w, t he sad unt imely de mise o f Pu Zo hmingt hang a, Principal, D IET, Aizawl on the 13th August, 2013 due to heart attack. Pu Zohmingthanga was born on 1st March, 1955. He entered Government service as Graduat e Hindi Teacher in Government Higher Secondary School, Aizawl on 29th July, 1981. He was then appointed as Instructor at Teachers Training Institute, Aizawl on 9th February, 1982 and was confirmed to the post of Graduate Instructor at TTI, Aizawl on 25th September, 1984. He was promoted to Lecturer, DIET, Aizawl on 1st December, 1989 and was further promoted to Senior Lecturer on 17th July, 2000. He was finally promoted to Principal and posted at DIET, Lunglei on 8th February, 2010 and transferred to the post of Principal, DIET, Aizawl on 1st April, 2012 which he continued to hold till he breathed his last. The Government of Mizoram places on record its deep appreciation of the sincere services rendered by Pu Zohmingthanga and conveys its heartfelt sympathy and condolence to the bereaved family. K. Lal Nghinglo va, Commissioner/Secretary to the Govt. of Mizoram, School Education Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Tuesday 20.8.2013 Sravana 29, S.E. 1935, Issue No. 429RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page
OBITUARY No. A. 19011/1/2010-EDN, the 14th August, 2013.The Government of Mizoram has learnt , wit h de ep so rro w, t he sad unt imely de mise o f Pu Zo hmingt hang a, Principal, D IET, Aizawl on the 13th August, 2013 due to heart attack. Pu Zohmingthanga was born on 1st March, 1955. He entered Government service as Graduat e Hindi Teacher in Government Higher Secondary School, Aizawl on 29th July, 1981. He was then appointed as Instructor at Teachers Training Institute, Aizawl on 9th February, 1982 and was confirmed to the post of Graduate Instructor at TTI, Aizawl on 25th September, 1984. He was promoted to Lecturer, DIET, Aizawl on 1st December, 1989 and was further promoted to Senior Lecturer on 17th July, 2000. He was finally promoted to Principal and posted at DIET, Lunglei on 8th February, 2010 and transferred to the post of Principal, DIET, Aizawl on 1st April, 2012 which he continued to hold till he breathed his last. The Government of Mizoram places on record its deep appreciation of the sincere services rendered by Pu Zohmingthanga and conveys its heartfelt sympathy and condolence to the bereaved family. K. Lal Nghinglo va, Commissioner/Secretary to the Govt. of Mizoram, School Education Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Tuesday 20.8.2013 Sravana 29, S.E. 1935, Issue No. 429RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageIn exercise of the powers conferred under sub-section (1) of Section 14 of the Mizoram (Land Revenue) Act, 2013 (Act No. 5 of 2013) and in public interest the Governor of Mizoram is pleased to declare and assign with immediate effect the land area covering the “Bawngkawn Brigade Area”
NOTIFICATION No. C. 18016/39/2001-REV, the 30th July, 2013. In exercise of the powers conferred under sub- section (1) of Section 14 of the Mizora m (Land Revenue) Act, 2013 (Act No. 5 of 2013) and in public interest the Governor of Mizoram is pleased to declare and assign with immediate effect the land area covering the “Bawngkawn Br igade Area” for specia l purposes and for public use such a s, establishment of hospital, public utility and other public amenities. No land settlement of any nature to individuals whatsoever or transfer of land in the area as the case may be is strictly pr ohibited without expressed permission of the Government. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment . The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Tuesday 20.8.2013 Sravana 29, S.E. 1935, Issue No. 433RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. C. 18016/39/2001-REV, the 30th July, 2013. In exercise of the powers conferred under sub- section (1) of Section 14 of the Mizora m (Land Revenue) Act, 2013 (Act No. 5 of 2013) and in public interest the Governor of Mizoram is pleased to declare and assign with immediate effect the land area covering the “Bawngkawn Br igade Area” for specia l purposes and for public use such a s, establishment of hospital, public utility and other public amenities. No land settlement of any nature to individuals whatsoever or transfer of land in the area as the case may be is strictly pr ohibited without expressed permission of the Government. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment . The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Tuesday 20.8.2013 Sravana 29, S.E. 1935, Issue No. 433RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500The Mizoram Fisheries Department (Group ‘A’ posts) Recruitment (Amendment) Rules, 2013.
NOTIFICATION No. A. 12018/67/2009-P&AR(GSW), the 20th August, 2013. In exercise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following rules to amend the Mizoram Fisheries Department (Group ‘A’ post) Recruitment Rules, 2009 (hereinafter referred to as the Principal Rules) notified vide No. A. 12018/67/2009-P&AR(GSW) dt. 24.4.2009 and published in the Mizoram Gazette Extraordinary Issue No. 207 dt. 4.5.2009 for the post of Director, namely :- 1.Shor t title and(1 ) T hes e Ru les ma y b e ca lled t he M izor a m F isher ies Dep a r tment (Grou p commencement ‘A’ posts) Recruitment (Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Mizoram Gazette. 2.Amendment ofIn the Principa l Rules, for column 4 and 12 of the Annexure-I, the following Annexure-I :sha ll be su bstituted, na mely : “Column 4 : PB-4 ^ 37400-67000/- Grade Pay ^ 8700/- Column 12 : Promotion from Joint Director of Fisheries having a minimum of 5(five) years regular service in the grade, failing which from Joint Director of F isheries on regular service who have completed not less tha n 25 (twenty five) years regular service calculated from the date of entry into the Gazetted post of Fisheries Extension Officer”. By order s, etc. C. Zotha nkhumi, Additional S ecretar y to the Govt. of Mizoram, Dept t. of P ersonnel & Adve. Reforms. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 21.8.2013 Sravana 30, S.E. 1935, Issue No. 434RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. A. 12018/67/2009-P&AR(GSW), the 20th August, 2013. In exercise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following rules to amend the Mizoram Fisheries Department (Group ‘A’ post) Recruitment Rules, 2009 (hereinafter referred to as the Principal Rules) notified vide No. A. 12018/67/2009-P&AR(GSW) dt. 24.4.2009 and published in the Mizoram Gazette Extraordinary Issue No. 207 dt. 4.5.2009 for the post of Director, namely :- 1.Shor t title and(1 ) T hes e Ru les ma y b e ca lled t he M izor a m F isher ies Dep a r tment (Grou p commencement ‘A’ posts) Recruitment (Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Mizoram Gazette. 2.Amendment ofIn the Principa l Rules, for column 4 and 12 of the Annexure-I, the following Annexure-I :sha ll be su bstituted, na mely : “Column 4 : PB-4 ^ 37400-67000/- Grade Pay ^ 8700/- Column 12 : Promotion from Joint Director of Fisheries having a minimum of 5(five) years regular service in the grade, failing which from Joint Director of F isheries on regular service who have completed not less tha n 25 (twenty five) years regular service calculated from the date of entry into the Gazetted post of Fisheries Extension Officer”. By order s, etc. C. Zotha nkhumi, Additional S ecretar y to the Govt. of Mizoram, Dept t. of P ersonnel & Adve. Reforms. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 21.8.2013 Sravana 30, S.E. 1935, Issue No. 434RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500The Mizoram Fisheries Department (Group ‘A’ posts) Recruitment (Amendment) Rules, 2013.
NOTIFICATION No. A. 12018/67/2009-P&AR(GSW), the 20th August, 2013. In exercise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following rules to amend the Mizoram Fisheries Department (Group ‘A’ post) Recruitment Rules, 1988 (hereinafter referred to as the Principal Rules) notified vide No. A. 12018/73/80-PAPT(B) dt. 8.12.1988 and published in the Mizoram Gazette Extraordinary Issue No. 136(A) dt. 8.12.1988 for the post of Joint Director, namely :- 1.Shor t title and(1 ) T hes e Ru les ma y b e ca lled t he M izor a m F isher ies Dep a r tment (Grou p commencement ‘A’ posts) Recruitment (Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Mizoram Gazette. 2.Amendment ofIn the Principa l Rules, for column 4 and 12 of the Annexure-I, the following Annexure-I :sha ll be su bstituted, na mely : “Column 4 : PB-3 ^ 15600-39100/- Grade Pay ^ 7600/- Column 12 : Promotion from Deputy Director of Fisheries with 5(five) year s regular service in the grade, failing which from Deputy Director of Fisheries on regula r service who have completed not less than 20 (twenty) year s regular service calculated from the date of entry into the Gazetted post of Fisheries Extension Officer”. By order s, etc. C. Zotha nkhumi, Additional S ecretar y to the Govt. of Mizoram, Dept t. of P ersonnel & Adve. Reforms. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 21.8.2013 Sravana 30, S.E. 1935, Issue No. 435RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. A. 12018/67/2009-P&AR(GSW), the 20th August, 2013. In exercise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following rules to amend the Mizoram Fisheries Department (Group ‘A’ post) Recruitment Rules, 1988 (hereinafter referred to as the Principal Rules) notified vide No. A. 12018/73/80-PAPT(B) dt. 8.12.1988 and published in the Mizoram Gazette Extraordinary Issue No. 136(A) dt. 8.12.1988 for the post of Joint Director, namely :- 1.Shor t title and(1 ) T hes e Ru les ma y b e ca lled t he M izor a m F isher ies Dep a r tment (Grou p commencement ‘A’ posts) Recruitment (Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Mizoram Gazette. 2.Amendment ofIn the Principa l Rules, for column 4 and 12 of the Annexure-I, the following Annexure-I :sha ll be su bstituted, na mely : “Column 4 : PB-3 ^ 15600-39100/- Grade Pay ^ 7600/- Column 12 : Promotion from Deputy Director of Fisheries with 5(five) year s regular service in the grade, failing which from Deputy Director of Fisheries on regula r service who have completed not less than 20 (twenty) year s regular service calculated from the date of entry into the Gazetted post of Fisheries Extension Officer”. By order s, etc. C. Zotha nkhumi, Additional S ecretar y to the Govt. of Mizoram, Dept t. of P ersonnel & Adve. Reforms. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 21.8.2013 Sravana 30, S.E. 1935, Issue No. 435RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500The Mizoram Printing & Stationery Department (Group ‘A’ posts) Recruitment Rules, 2013.
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 436 NOTIFICATIONNo. A.12018/32/03-P&AR(GSW), the 20th August, 2013. In exer cise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following rules regulating the method of recruitment to the post(s) of Principal-cum-Project Manager, Printing Institute a t Aizawl under Controller, Printing & Stationery Department, Government of Mizor am, namely :- 1.Shor t Title and (1) These Rules may be called the Mizoram Printing & Stationery Commencement Department (Group ‘A’ posts) Recruitment Rules, 2013. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application These rules shall apply to the posts specified in Column 1 of the Schedule-I annexed to these rules. 3. Number of posts, The number of the said post(s), their classification, Pay Band and Grade classification, pa y ba nd Pay/pay scale attached thereto sha ll be a s specified in columns 2 to and grade pa y/pay scale 4 of the said Schedule. 4. Method of r ecruitment, The method of recruitment to the sa id posts, age limit, qualifica tion age limit, and other matters relating thereto shall be as specified in columns 5 to qualifications, etc- 14 of the said Schedule. Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or the Government of Mizoram as the case may be from time to time. 5. Disqualification No person- (a ) who has entered int o or contracted a marr iage with a person having a spouse living; or - 2 - Ex-436/2013 (b) who, having a spouse living, ha s entered into or contracted a marriage with any other person, shall be eligible for appointment to t he said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other grounds for doing so, exempt any such person from the operation of this r ule. 6.Training and Departmental Every Gover nment s ervant recruited under these rules s hall undergo Examination. such training or pass such Departmental Exa mination as may be pres cribed from time to t ime. 7. Powers to trans fer Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, sha ll have power to tra nsfer a ny officers so r ecruited under these rules to a ny other post or position which is equivalent in rank or gr ade. 8. Power to relax Where the Governor is of the opinion that it is necessary or expedient so to do, he may, by order and for reasons to be recorded in writing and in consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax any of the provisions of t hese rules wit h respect to any class or category of persons. 9. Reservation and other Nothing in these rules shall affect reser vation, relaxation of age concessions limit and ot her concessions requir ed to be provided for the Scheduled Castes/the Schedu led Tribes and ot her ca tegor ies of persons in accordance with the orders issued by the Central Government or the Government of Mizora m from time to time in this regard. By order s, etc. C. Zotha nkhumi, Additional Secreta ry to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms.vi ANNEXURE-I(SEE RULE 2, 3 & 4)RECRUITMENT RULES FOR THE POST OF PRINCIPAL-CUM-PROJECT MANAGER, PRINTING INSTITUTE AT AIZAWL IN THE DEPARTMENT OF PRINTING & STATIONERY, GOVT. OF MIZORAMName of postsNo. of postsClassificationPay Band and Grade Pay/Pay ScaleWhether Selection or Non-selection post12345 Selection postWhether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether age and educa tional qualifications prescribed for direct recruits will apply in the case of promoteesPeriod of probation, if any678910 Not applicableNot applicable Not applicable- 3 -Ex-436/2013 Not applicableNot applicableMethod of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of P ost to be filled by various meth odsIn case of recruitment by promotion/transfer/deputation, grades from which promotion/ deputation/transfer to be madeIf a DPC exist, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment.11121314100% by PromotionPromotion : From Assistant Manager (Technical)/Assistant Manager (DTP) in the Printing & Stationery Department having not less than 5(five) years regular service in th e g rade possessing Degree in Printing Technology ‘failing which’ by Assistant Manager (Technical)/Assistant Manager (DTP) in the Printing & Stationery Department having not less than 7 years regular service in th e g rade possessing Diploma in Printing Technology.As per Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 and as amended from time to time. Mizoram Public Service Commission Principal-cum- Project Manager, Printing Institute at Aiza wl1(one) post or as sa nction ed from time to timeGeneral State Service (Group ‘A’ or Class I post) Gazetted (Non-Ministerial)PB-3 ^ 15600- 39100/- + Grade Pay 6600Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 436 NOTIFICATIONNo. A.12018/32/03-P&AR(GSW), the 20th August, 2013. In exer cise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following rules regulating the method of recruitment to the post(s) of Principal-cum-Project Manager, Printing Institute a t Aizawl under Controller, Printing & Stationery Department, Government of Mizor am, namely :- 1.Shor t Title and (1) These Rules may be called the Mizoram Printing & Stationery Commencement Department (Group ‘A’ posts) Recruitment Rules, 2013. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application These rules shall apply to the posts specified in Column 1 of the Schedule-I annexed to these rules. 3. Number of posts, The number of the said post(s), their classification, Pay Band and Grade classification, pa y ba nd Pay/pay scale attached thereto sha ll be a s specified in columns 2 to and grade pa y/pay scale 4 of the said Schedule. 4. Method of r ecruitment, The method of recruitment to the sa id posts, age limit, qualifica tion age limit, and other matters relating thereto shall be as specified in columns 5 to qualifications, etc- 14 of the said Schedule. Provided that the upper age limit prescribed for direct recruitment may be relaxed in t he case of candidates belonging to the Scheduled Castes/the Scheduled Tribes and other special ca tegories of persons in a ccordance with the or ders issued by the Central Government or the Government of Mizoram as the case may be from time to time. 5. Disqualification No person- (a ) who has entered int o or contracted a marr iage with a person having a spouse living; or - 2 - Ex-436/2013 (b) who, having a spouse living, ha s entered into or contracted a marriage with any other person, shall be eligible for appointment to t he said post(s); Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such person and to the other party to the marriage and that there are other grounds for doing so, exempt any such person from the operation of this r ule. 6.Training and Departmental Every Gover nment s ervant recruited under these rules s hall undergo Examination. such training or pass such Departmental Exa mination as may be pres cribed from time to t ime. 7. Powers to trans fer Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, sha ll have power to tra nsfer a ny officers so r ecruited under these rules to a ny other post or position which is equivalent in rank or gr ade. 8. Power to relax Where the Governor is of the opinion that it is necessary or expedient so to do, he may, by order and for reasons to be recorded in writing and in consultation with the Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms, relax any of the provisions of t hese rules wit h respect to any class or category of persons. 9. Reservation and other Nothing in these rules shall affect reser vation, relaxation of age concessions limit and ot her concessions requir ed to be provided for the Scheduled Castes/the Schedu led Tribes and ot her ca tegor ies of persons in accordance with the orders issued by the Central Government or the Government of Mizora m from time to time in this regard. By order s, etc. C. Zotha nkhumi, Additional Secreta ry to the Govt. of Mizoram, Depa rtment of Personnel & Administrative Reforms.vi ANNEXURE-I(SEE RULE 2, 3 & 4)RECRUITMENT RULES FOR THE POST OF PRINCIPAL-CUM-PROJECT MANAGER, PRINTING INSTITUTE AT AIZAWL IN THE DEPARTMENT OF PRINTING & STATIONERY, GOVT. OF MIZORAMName of postsNo. of postsClassificationPay Band and Grade Pay/Pay ScaleWhether Selection or Non-selection post12345 Selection postWhether benefit of added years of service admissible under Rule 30 of the CCS (Pension) Rules, 1972Age limit for direct recruitsEducational and other qualif ications required for direct recruitsWhether age and educa tional qualifications prescribed for direct recruits will apply in the case of promoteesPeriod of probation, if any678910 Not applicableNot applicable Not applicable- 3 -Ex-436/2013 Not applicableNot applicableMethod of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of P ost to be filled by various meth odsIn case of recruitment by promotion/transfer/deputation, grades from which promotion/ deputation/transfer to be madeIf a DPC exist, what is its composition ?Circumstances in which MPSC is to be consulted in making recruitment.11121314100% by PromotionPromotion : From Assistant Manager (Technical)/Assistant Manager (DTP) in the Printing & Stationery Department having not less than 5(five) years regular service in th e g rade possessing Degree in Printing Technology ‘failing which’ by Assistant Manager (Technical)/Assistant Manager (DTP) in the Printing & Stationery Department having not less than 7 years regular service in th e g rade possessing Diploma in Printing Technology.As per Mizoram Public Service Commission (Limitation of Functions) Regulations, 1994 and as amended from time to time. Mizoram Public Service Commission Principal-cum- Project Manager, Printing Institute at Aiza wl1(one) post or as sa nction ed from time to timeGeneral State Service (Group ‘A’ or Class I post) Gazetted (Non-Ministerial)PB-3 ^ 15600- 39100/- + Grade Pay 6600Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Acquisition of land for setting up of Hydro Meteorological Station for Central Water Commission alongside Mat River, Serchhip District.
NOTIFICATION No. K. 12011/59/2013-REV, the 21st August, 2013.Whereas it appears to the appropriate Government (Hereinafter referred t o as the Government of Mizoram) that the land specified in the schedule there-to (hereinaft er refer red to as the “ said la nd”) is likely to be needed for public purpose viz., Acquisition of land for setting up of Hydro Meteorological Station for Central Water Commission a longside Mat River, Serchhip District. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writ ing to the Deputy Commissioner/Collector, S erchhip District, within a period of 30 days from the date of publication of this Notification in the Mizoram Gazette, who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894. 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any cont ract for the disposal of the sa id land by sale, lease, mortga ge, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULEDISTRICT : SERCHHIP Description of landAp pr oxima te Ar ea Lalthlamuani w/o R. Lallura Dinthar Veng, Serchhip.1894.20 sq. meters. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment . The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 437RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. K. 12011/59/2013-REV, the 21st August, 2013.Whereas it appears to the appropriate Government (Hereinafter referred t o as the Government of Mizoram) that the land specified in the schedule there-to (hereinaft er refer red to as the “ said la nd”) is likely to be needed for public purpose viz., Acquisition of land for setting up of Hydro Meteorological Station for Central Water Commission a longside Mat River, Serchhip District. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writ ing to the Deputy Commissioner/Collector, S erchhip District, within a period of 30 days from the date of publication of this Notification in the Mizoram Gazette, who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894. 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any cont ract for the disposal of the sa id land by sale, lease, mortga ge, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULEDISTRICT : SERCHHIP Description of landAp pr oxima te Ar ea Lalthlamuani w/o R. Lallura Dinthar Veng, Serchhip.1894.20 sq. meters. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment . The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 437RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Enforcement of Security Interest a nd Recovery of Debts Laws (Amendment) Act, 2012 (Act No. 1 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. AN ACT The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 438RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pagefurther to amend the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur ity Int erest Act, 2002 and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. BE it enacted by Parliament in the Sixty-thir d Year of the R epublic of India as follows:— CHAPTER I PRE LI M I N ARY 1. (1) This Act ma y be ca lled the Enfor cement of Secur ity Int erest a nd Recovery of Debts Laws (Amendment) Act, 2012. (2) It shall come into force on such date a s the Central Government may, by notification in the Official Gazette, appoint: Provided that different da tes may be appointed for different pr ovisions of this Act and any reference in any such provision to the commencement of this Act shall b e constr ued as a refer ence to the coming into force of that provision.Short title and com- mencement -- - 2 - Ex-438/2013 CHAPTER II AMENDMENTSTOTHE SECURITISATIONAND RECONSTRUCTIONOF FINAN CIAL AS SETS AND ENFORCEMENTOF SECURI TY INTEREST ACT, 2002 2.In s ection 2 of the Securitisation and Reconstr uction of Financial Assets and Enforcement of Securit y Interest Act, 2002 (hereafter in this Chapter referred to as the principal Act), in clause (c), after sub-clause (iv), the following sub- clause sha ll be inserted, namely:— “(iva) a multi-Sta te co-operative bank; or”. 3.In section 5 of the principal Act, after sub-section(4), the following sub- section sha ll be inserted, namely:— “(5) On acquisition of financial assets under sub-section (1), the securitisation company or reconstruction company, ma y with the consent of the originator, file an applica tion before the Debts Recovery Tribuna l or the Appella te Tribunal or any court or other Authority for the purpose of substitution of its name in any pending suit, a ppeal or other proceedings and on receipt of such application, such Debts Recovery Tribunal or the Appellate Tribunal or court or Authority shall pass orders for the substitution of the securitisation company or reconstruction compa ny in such pending suit, appeal or other proceedings.”. 4.In s ection 9 of the principal Act, after clause (f), the following clause shall be inserted, namely:— “(g) to convert any portion of debt into shar es of a borrower company: Provided that conversion of any part of debt into shares of a borr ower company sha ll be deemed always to have been valid, as if the pr ovisions of this clause were in force at all material times.”. 5.In section 13 of the principal Act,— (a) in sub-section (3A), for the wor ds “wit hin one week”, the words “within fift een days” shall be substituted; (b) after sub-section (5), the following sub-sections shall be inserted, namely:— “(5A) Where the sale of an immova ble property, for which a reserve price has been specified, has been postponed for want of a bid of an amount not less tha n such reserve price, it shall be lawful for any officer of the secured creditor, if so authorised by the secured creditor in this behalf, to bid for the immova ble property on behalf of the secur ed creditor at any subsequent sale. (5B) Wher e the secured creditor, referred to in sub-section (5A), is declared to be the purchaser of the immovable property at any subsequent sale, the amount of the purchase price shall be a djusted towards the amount of t he claim of the secured creditor for which the auct ion of enforcement of security interest is ta ken by the secured creditor, under sub-section (4) of section 13. (5C) The provisions of section 9 of the’ Banking Regulation Act, 1949 shall, as far as may be, apply to the immovable property acquired by secured creditor under sub-section (5A).”. (c) in the opening portion of sub-section (9), a nd in the Explanation thereto, for the word “three-fourth”, occurring a t both the pla ces, the words “sixty per cent.” shall be substituted. Amendment of section 2. Amendment of section 5. Amendment of section 9. Amendment of section 13.54 of 2012. 10 of 1949. 6.In section 14 of the principal Act,—(a) in sub-section (1 ), the following provisos shall be inserted, namely:— “Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor, declaring t hat— (i) the aggregate amount of fina ncial assista nce gra nted and the total claim of the Bank as on the date of filing the a pplication; (ii) the borrower has created security interest over various properties and that the Bank or Financial Institution is holding a valid and subsisting security interest over such properties and the cla im of the Bank or Financial Institution is within the limitation period; (iii) the borrower has created security interest over various properties giving the details of properties refer red to in sub-clause (ii) above; (iv) the borr ower has committed default in repa yment of the fina ncial assistance granted aggregating the specified amount; (v) consequent upon such default in repayment of the financial assistance the account of the borrower has been classified as a non- performing a s set; (vi) affirming that the period of sixty days notice as required by the pr ovisions of sub-section (2) of section 13, demanding payment of the defa ulted financia l assistance has been served on the borrower; (vii) the objection or r epresentation in reply to the notice received from the borrower has been considered by the secured cr editor and reasons for non-accept ance of such objection or representation had been communicated to the borrower; (viii) the borrower has not made any r epayment of the financial assistance in spite of the above notice and the Authorised Officer is, therefore, entitled to take possession of the secured assets under the provisions of sub-section (4) of section 13 read with section 14 of t he principal Act; (ix) that the pr ovisions of this Act a nd the rules made thereunder had been complied with: Provided further that on receipt of the affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, sha ll after satisfying the contents of the affidavit pa ss suitable orders for the purpose of taking possession of the secured assets: Provided also that the requirement of filing affidavit stated in the first proviso shall not a pply to proceeding pending before any District Magistrate or the Chief Metr opolitan Magistrate, a s the ca se may be, on the date of commencement of this Act.”; (b) after sub-section (1), the following sub-section shall be inserted, namely:— “(1A) The District Magistrate or the Chief Metr opolita n Magistrate may authorise any officer subordinate to him,— (i) to take possess ion of such assets and documents relating thereto; and (ii) to forward such assets and documents to the secured creditor.”; (c) in sub-section (3),’ a fter the words “the District Magistr ate”, the wor ds “any officer authorised by the Chief Metropolitan Magistrate or District Magistrate” shall be inserted.- 3 -Ex-438/2013 Amendment of section 14. 7.After section 18B of the principal Act, the following section shall be inserted, namely:— “18C. (1) Where an applica tion or an appeal is expected to be made or has been made under sub-section (1) of section 17 or section 17A or sub-section (1) of section 18 or section 18B, the secured creditor or any person claiming a right to appear before the Tribunal or the Court of District Judge or the Appellate Tribunal or the High Court, as the case may be, on the hea ring of such application or appeal, may lodge a caveat in resp ect thereof. (2) Where a caveat has been lodged under sub-s ection (1), (a ) the secured creditor by whom the caveat has been lodged (hereafter in this section r eferred to as the caveator) shall serve notice of the ca veat by registered post, acknowledgement due, on the person by whom the application ha s been or is expected to be made under sub- section (1); (b) any person by whom the caveat has been lodged (hereafter in thissection referred to as the caveator) shall serve notice of t he caveat by registered ‘ post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1). (3) Where after a caveat has been lodged under sub-section (1), any application or appeal is filed before the Tribunal or the court of Distr ict Judge or the Appella te Tribunal or the High Court, as the case may be, the Tribunal or the District Judge or the Appellate Tribunal or the High Court, as the case may be, shall serve a notice of a pplication or appeal filed by the a pplicant or the appellant on the caveator. (4) Wher e a notice of any caveat has been served on the applicant or the Appellant, he shall periodically furnish the caveator with a copy of the application or the appeal made by him and also with copies of any paper or document which has been or may be filed by him in support of the applica tion or the appeal. (5) Wher e a caveat has been lodged under sub-section (1), such ca veat shall not r emain in force after t he expiry of t he period of ninety da ys from the date on which it was lodged unless the a pplication or appeal r eferred to in sub- section (1) has been made before the exp iry of the said period.”. 8.In section 2 3 of the principal Act , after the proviso, the following proviso shall be inserted, namely:— “Provided further that the Central Government may, by notification, require registration of all transact ions of securitisation, or asset reconstruction or creation of s ecurity interest which are subsisting on or before the date of esta blishment of the Central Registry under sub-s ection (1) of section 20 within such period and on payment of such fees as may be prescribed.”. 9.After section 26 of the principa l Act, the following section shall be inser ted, namely:— “26A. (1) T he Centr al Government, on being satisfied (a) that the omission to file with,the Registr ar the particulars of any tra nsact ion of securitisation, asset reconstr uction or security int erest or modification or satisfaction of s uch tra nsaction or; the omission or mis- stateitient of any particular with respect to any such transaction or modification or with respect to any satisfaction or other entry made in Insertion of new section 18B. Right to lodge a caveat. Amendment of section 23. Insertion of new section 26 A. Rectification by Central Government in matters of registration, modification and satisfac- tion, etc.- 4 - Ex-438/2013 pursuance of section 23 or section 24 or section 25 of the principal Act was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudice the position of creditors; or (b) that on other grounds, it is just and equitable to grant relief, may, on the applica tion of a secured creditor or securitisation company or reconstruct ion company or any ot her person interested on such terms and conditions as it may seem to the Centra l Gover nment just and expedient, direct that the time for filing of the particulars of the transaction for registration or modification or satisfa ction shall be extended or, as the case may require, the omission or mis-statement shall be rectified. (2) Where the Central Government extends the time for the registration of tr ansaction of securit y interest or secur itisation or asset reconstruction or modifica tion or satisfa ction thereof, the order shall not prejudice any rights acquired in respect of the property concerned or financial asset before the transaction is actually registered.,”; 10. For section 30 of the principal Act, the following section shall be substituted, namely:— “30. (1) No court shall t ake cognizance of any offence punishable under section 27 in relation to non-compliance with the provisions of section 23, section 24 or section 25 or under section 28 or section 29 or any other provisions of the Act, except upon a complaint in writing made by an officer of the Central Registry or an officer of the Reserve Bank, generally or specially authorised in writing in this behalf by the Centra l Registrar or, as the case may be, the Res erve Bank. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class sha ll try any offence punishable under this Act. ”. 11. After section 31 of the principa l Act, the following section shall be inser ted, namely:—, “31 A. (1) The Central Government may, by notification in the public interest, direct that any of t he provisions of this Act,— (a) shall not apply to such class or classes of banks or financial institutions; or (b) shall apply to the class or classes of banks or financial institutions with s uch exceptions, modifications and ada ptations, as may be specified in the notification. (2) A copy of every notification proposed to be issued under sub- section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thir ty days which may be comprised in one session or in two or more successive sessions, and if, befor e the expiry of the session immediately following the session or the success ive sess ions afor esaid, both Hou ses agr ee in disapproving the issue of the notifica tion or both Houses agr ee in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in s uch modified form as may be agreed cpon by both the Houses.”.Substitution of new section for sectin 30. Cognizance of offences. Insertion of new section 31 A. Power to ex- empt a class or classes of banks or fi- nancial insti- tutions. - 5 -Ex-438/2013 CHAPTER III AMENDMENTSTOTHE RECOVERYOF DEBTSDUETO BANKSA\D FINAN CIAL INSTITUTIONS ACT, 1993 12. In t he Recovery of Debts Due to Banks and Financial Instit utions Act, 1993, (hereafter in this Chapter referred to as the principal Act), in section 2, in clause (d), after sub-clause (v), the following sub-clause shall be inserted, namely:— “(vi) a multi-State co-operative bank;”. 13. In s ection 15 of the principal Act, in sub-section (2), the following proviso shall be inserted, namely:— “Provided that the Central Government, during the pendency of the inquiry against the Presiding Officer or a Chairperson, as the case may be, may, after consulting the Cha irperson of the Select ion Committee constituted for selection of Presiding Officer or Chairperson, pass an order suspending the Presiding Officer or the Chairperson, if it is satisfied tha t he should cease to discharge his functions as a Presiding Officer or Chairperson, a s the case maybe.”. 14. In section 18 of the principal Act, the following proviso shall be inserted, namely:— “Provided that any proceedings in relation to the recovery of debts due to any multi-State co-operative bank pending before the date of commencement of the Enforcement of Securit y Interest and Recovery of Debts Laws (Amendment) Act, 2012 under the Multi-State Co-oper ative Societies Act, 2002 shall be continued and nothing contained in this section shall, a fter such commencement, apply to such proceedings.”. 15. In section 19 of the principal Act,— (a ) after sub-section (1), the following sub-sections shall be inserted, namely:— “(1A) Every bank being, multi-Sta te co-operative bank referred to in sub-clause (vi) of clause(d) of s ection 2, may, at its option, opt to initiate proceedings under the Multi-State Co-operative Societies Act, 2002 to recover deb ts, whether du e befor e or a fter the date of commencement of the Enforcement of the Security Interest and Recovery of Debts Laws (Amendment) Act, 2012 from any person instead of making an applica tion under this Cha pter. (IB) In case, a bank being, multi-Sta te co-operative bank referred to in sub-clause (vi) of clause (d) of section 2 has filed an application under this Cha pter and subsequently opts to withdraw the a pplication for the purpose of initiating proceeding under the Multi-State Co-operative Societies Act, 2002 to recover debts, it may do so with the permission of the Tribunal and every such application seeking permission from the Tribunal to withdraw the application made under sub-section (1A) shall be dealt with by it as expeditiously as possible and disposed of within thirty days fr om the date of such applica tion: Provided that in ca se the Tribuna l refuses to grant permission for withdrawal of the applica tion filed under this sub-section, it shall pass such orders after recording the reasons therefor.”; Amendment of section 2. Amendment of section 15.51 of 1993. Amendment of section 18. Amendment of section 19.39 of 2002. 39 of 2002. 39 of 2002. - 6 - Ex-438/2013 (b) after sub-section (3), the following sub-section shall be inserted, namely:— “(3A) If a ny application filed before the Tribunal for recovery of any debt is settled prior to the commencement of the hearing before that Tribunal or at any sta ge of the proceedings before the final or der is passed, the applicant may be granted refund of the fees paid by him at such rates as may be prescribed.”; (c) for sub-section (5), the following sub-section shall be substituted, namely:— “(5) The defendant shall, within a period of thirty days fr om the date of s ervice of summons, present a written statement of this defence: Provided tha t where the defendant fails to file the wirtten statement within the said period of thirty days, the Presiding Officer may, in exceptional cases and in special circumstances to be recorded in’writting, allow not more than two extensions to the defendant to file the written statement.”; (d) after sub-section (5), the following sub-section shall be inserted, namely:— “(5A) After hearing of the application has commenced, it shall be cont inued from day-to-day until the hearing is concluded: Provided that the Tribunal may grant adjournments if sufficient cause is s hown, but no such adjournment shall be granted mor e than three times to a party and where there are three or more pa rties, the tota l number of such adjournments shall not exceed six: Provided further that, the Presiding Officer may grant such adjournments on imposing such costs as may be cons idered necessar y.”; (e) after sub-section (20), the following sub-section shall be inserted, namely:— “(20A) Wher e it is proved to the satisfaction of the Tribunal that the claim of the applicant has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the pa rties or where the defendant has repaid or agreed to repay the claim of the applicant, the Tribunal shall pass orders recording such agreement, compromise or satisfaction of the claim.”. 16. In section 3 1 of the principal Act , after the proviso, the following proviso shall be inserted, namely:— “Provided further that any recovery proceedings in relation to the recovery of debts due to a ny multi-State co-operative bank pending before the date of commencement of the Enforcement of Secur ity Interest and Recovery of Debts Laws (Amendment) Act, 2012 under the Multi-State Co-operative Societies Act , 2002, shall be continued and nothing conta ined in t his section shall apply to such proceedings.”. 17. In section 36 of the principal Act, in sub-section (2), after cla use (c), the following clause shall be inserted, namely:— “(cc) the rate of fee to be refunded to the applica nt under sub-s ection (3A) of section 19 of the Act.”. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50039 of 2002.Amendment of section 31. Amendment of section 36. - 7 -Ex-438/2013
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Enforcement of Security Interest a nd Recovery of Debts Laws (Amendment) Act, 2012 (Act No. 1 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. AN ACT The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 438RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pagefurther to amend the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur ity Int erest Act, 2002 and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. BE it enacted by Parliament in the Sixty-thir d Year of the R epublic of India as follows:— CHAPTER I PRE LI M I N ARY 1. (1) This Act ma y be ca lled the Enfor cement of Secur ity Int erest a nd Recovery of Debts Laws (Amendment) Act, 2012. (2) It shall come into force on such date a s the Central Government may, by notification in the Official Gazette, appoint: Provided that different da tes may be appointed for different pr ovisions of this Act and any reference in any such provision to the commencement of this Act shall b e constr ued as a refer ence to the coming into force of that provision.Short title and com- mencement -- - 2 - Ex-438/2013 CHAPTER II AMENDMENTSTOTHE SECURITISATIONAND RECONSTRUCTIONOF FINAN CIAL AS SETS AND ENFORCEMENTOF SECURI TY INTEREST ACT, 2002 2.In s ection 2 of the Securitisation and Reconstr uction of Financial Assets and Enforcement of Securit y Interest Act, 2002 (hereafter in this Chapter referred to as the principal Act), in clause (c), after sub-clause (iv), the following sub- clause sha ll be inserted, namely:— “(iva) a multi-Sta te co-operative bank; or”. 3.In section 5 of the principal Act, after sub-section(4), the following sub- section sha ll be inserted, namely:— “(5) On acquisition of financial assets under sub-section (1), the securitisation company or reconstruction company, ma y with the consent of the originator, file an applica tion before the Debts Recovery Tribuna l or the Appella te Tribunal or any court or other Authority for the purpose of substitution of its name in any pending suit, a ppeal or other proceedings and on receipt of such application, such Debts Recovery Tribunal or the Appellate Tribunal or court or Authority shall pass orders for the substitution of the securitisation company or reconstruction compa ny in such pending suit, appeal or other proceedings.”. 4.In s ection 9 of the principal Act, after clause (f), the following clause shall be inserted, namely:— “(g) to convert any portion of debt into shar es of a borrower company: Provided that conversion of any part of debt into shares of a borr ower company sha ll be deemed always to have been valid, as if the pr ovisions of this clause were in force at all material times.”. 5.In section 13 of the principal Act,— (a) in sub-section (3A), for the wor ds “wit hin one week”, the words “within fift een days” shall be substituted; (b) after sub-section (5), the following sub-sections shall be inserted, namely:— “(5A) Where the sale of an immova ble property, for which a reserve price has been specified, has been postponed for want of a bid of an amount not less tha n such reserve price, it shall be lawful for any officer of the secured creditor, if so authorised by the secured creditor in this behalf, to bid for the immova ble property on behalf of the secur ed creditor at any subsequent sale. (5B) Wher e the secured creditor, referred to in sub-section (5A), is declared to be the purchaser of the immovable property at any subsequent sale, the amount of the purchase price shall be a djusted towards the amount of t he claim of the secured creditor for which the auct ion of enforcement of security interest is ta ken by the secured creditor, under sub-section (4) of section 13. (5C) The provisions of section 9 of the’ Banking Regulation Act, 1949 shall, as far as may be, apply to the immovable property acquired by secured creditor under sub-section (5A).”. (c) in the opening portion of sub-section (9), a nd in the Explanation thereto, for the word “three-fourth”, occurring a t both the pla ces, the words “sixty per cent.” shall be substituted. Amendment of section 2. Amendment of section 5. Amendment of section 9. Amendment of section 13.54 of 2012. 10 of 1949. 6.In section 14 of the principal Act,—(a) in sub-section (1 ), the following provisos shall be inserted, namely:— “Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor, declaring t hat— (i) the aggregate amount of fina ncial assista nce gra nted and the total claim of the Bank as on the date of filing the a pplication; (ii) the borrower has created security interest over various properties and that the Bank or Financial Institution is holding a valid and subsisting security interest over such properties and the cla im of the Bank or Financial Institution is within the limitation period; (iii) the borrower has created security interest over various properties giving the details of properties refer red to in sub-clause (ii) above; (iv) the borr ower has committed default in repa yment of the fina ncial assistance granted aggregating the specified amount; (v) consequent upon such default in repayment of the financial assistance the account of the borrower has been classified as a non- performing a s set; (vi) affirming that the period of sixty days notice as required by the pr ovisions of sub-section (2) of section 13, demanding payment of the defa ulted financia l assistance has been served on the borrower; (vii) the objection or r epresentation in reply to the notice received from the borrower has been considered by the secured cr editor and reasons for non-accept ance of such objection or representation had been communicated to the borrower; (viii) the borrower has not made any r epayment of the financial assistance in spite of the above notice and the Authorised Officer is, therefore, entitled to take possession of the secured assets under the provisions of sub-section (4) of section 13 read with section 14 of t he principal Act; (ix) that the pr ovisions of this Act a nd the rules made thereunder had been complied with: Provided further that on receipt of the affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, sha ll after satisfying the contents of the affidavit pa ss suitable orders for the purpose of taking possession of the secured assets: Provided also that the requirement of filing affidavit stated in the first proviso shall not a pply to proceeding pending before any District Magistrate or the Chief Metr opolitan Magistrate, a s the ca se may be, on the date of commencement of this Act.”; (b) after sub-section (1), the following sub-section shall be inserted, namely:— “(1A) The District Magistrate or the Chief Metr opolita n Magistrate may authorise any officer subordinate to him,— (i) to take possess ion of such assets and documents relating thereto; and (ii) to forward such assets and documents to the secured creditor.”; (c) in sub-section (3),’ a fter the words “the District Magistr ate”, the wor ds “any officer authorised by the Chief Metropolitan Magistrate or District Magistrate” shall be inserted.- 3 -Ex-438/2013 Amendment of section 14. 7.After section 18B of the principal Act, the following section shall be inserted, namely:— “18C. (1) Where an applica tion or an appeal is expected to be made or has been made under sub-section (1) of section 17 or section 17A or sub-section (1) of section 18 or section 18B, the secured creditor or any person claiming a right to appear before the Tribunal or the Court of District Judge or the Appellate Tribunal or the High Court, as the case may be, on the hea ring of such application or appeal, may lodge a caveat in resp ect thereof. (2) Where a caveat has been lodged under sub-s ection (1), (a ) the secured creditor by whom the caveat has been lodged (hereafter in this section r eferred to as the caveator) shall serve notice of the ca veat by registered post, acknowledgement due, on the person by whom the application ha s been or is expected to be made under sub- section (1); (b) any person by whom the caveat has been lodged (hereafter in thissection referred to as the caveator) shall serve notice of t he caveat by registered ‘ post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1). (3) Where after a caveat has been lodged under sub-section (1), any application or appeal is filed before the Tribunal or the court of Distr ict Judge or the Appella te Tribunal or the High Court, as the case may be, the Tribunal or the District Judge or the Appellate Tribunal or the High Court, as the case may be, shall serve a notice of a pplication or appeal filed by the a pplicant or the appellant on the caveator. (4) Wher e a notice of any caveat has been served on the applicant or the Appellant, he shall periodically furnish the caveator with a copy of the application or the appeal made by him and also with copies of any paper or document which has been or may be filed by him in support of the applica tion or the appeal. (5) Wher e a caveat has been lodged under sub-section (1), such ca veat shall not r emain in force after t he expiry of t he period of ninety da ys from the date on which it was lodged unless the a pplication or appeal r eferred to in sub- section (1) has been made before the exp iry of the said period.”. 8.In section 2 3 of the principal Act , after the proviso, the following proviso shall be inserted, namely:— “Provided further that the Central Government may, by notification, require registration of all transact ions of securitisation, or asset reconstruction or creation of s ecurity interest which are subsisting on or before the date of esta blishment of the Central Registry under sub-s ection (1) of section 20 within such period and on payment of such fees as may be prescribed.”. 9.After section 26 of the principa l Act, the following section shall be inser ted, namely:— “26A. (1) T he Centr al Government, on being satisfied (a) that the omission to file with,the Registr ar the particulars of any tra nsact ion of securitisation, asset reconstr uction or security int erest or modification or satisfaction of s uch tra nsaction or; the omission or mis- stateitient of any particular with respect to any such transaction or modification or with respect to any satisfaction or other entry made in Insertion of new section 18B. Right to lodge a caveat. Amendment of section 23. Insertion of new section 26 A. Rectification by Central Government in matters of registration, modification and satisfac- tion, etc.- 4 - Ex-438/2013 pursuance of section 23 or section 24 or section 25 of the principal Act was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudice the position of creditors; or (b) that on other grounds, it is just and equitable to grant relief, may, on the applica tion of a secured creditor or securitisation company or reconstruct ion company or any ot her person interested on such terms and conditions as it may seem to the Centra l Gover nment just and expedient, direct that the time for filing of the particulars of the transaction for registration or modification or satisfa ction shall be extended or, as the case may require, the omission or mis-statement shall be rectified. (2) Where the Central Government extends the time for the registration of tr ansaction of securit y interest or secur itisation or asset reconstruction or modifica tion or satisfa ction thereof, the order shall not prejudice any rights acquired in respect of the property concerned or financial asset before the transaction is actually registered.,”; 10. For section 30 of the principal Act, the following section shall be substituted, namely:— “30. (1) No court shall t ake cognizance of any offence punishable under section 27 in relation to non-compliance with the provisions of section 23, section 24 or section 25 or under section 28 or section 29 or any other provisions of the Act, except upon a complaint in writing made by an officer of the Central Registry or an officer of the Reserve Bank, generally or specially authorised in writing in this behalf by the Centra l Registrar or, as the case may be, the Res erve Bank. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class sha ll try any offence punishable under this Act. ”. 11. After section 31 of the principa l Act, the following section shall be inser ted, namely:—, “31 A. (1) The Central Government may, by notification in the public interest, direct that any of t he provisions of this Act,— (a) shall not apply to such class or classes of banks or financial institutions; or (b) shall apply to the class or classes of banks or financial institutions with s uch exceptions, modifications and ada ptations, as may be specified in the notification. (2) A copy of every notification proposed to be issued under sub- section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thir ty days which may be comprised in one session or in two or more successive sessions, and if, befor e the expiry of the session immediately following the session or the success ive sess ions afor esaid, both Hou ses agr ee in disapproving the issue of the notifica tion or both Houses agr ee in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in s uch modified form as may be agreed cpon by both the Houses.”.Substitution of new section for sectin 30. Cognizance of offences. Insertion of new section 31 A. Power to ex- empt a class or classes of banks or fi- nancial insti- tutions. - 5 -Ex-438/2013 CHAPTER III AMENDMENTSTOTHE RECOVERYOF DEBTSDUETO BANKSA\D FINAN CIAL INSTITUTIONS ACT, 1993 12. In t he Recovery of Debts Due to Banks and Financial Instit utions Act, 1993, (hereafter in this Chapter referred to as the principal Act), in section 2, in clause (d), after sub-clause (v), the following sub-clause shall be inserted, namely:— “(vi) a multi-State co-operative bank;”. 13. In s ection 15 of the principal Act, in sub-section (2), the following proviso shall be inserted, namely:— “Provided that the Central Government, during the pendency of the inquiry against the Presiding Officer or a Chairperson, as the case may be, may, after consulting the Cha irperson of the Select ion Committee constituted for selection of Presiding Officer or Chairperson, pass an order suspending the Presiding Officer or the Chairperson, if it is satisfied tha t he should cease to discharge his functions as a Presiding Officer or Chairperson, a s the case maybe.”. 14. In section 18 of the principal Act, the following proviso shall be inserted, namely:— “Provided that any proceedings in relation to the recovery of debts due to any multi-State co-operative bank pending before the date of commencement of the Enforcement of Securit y Interest and Recovery of Debts Laws (Amendment) Act, 2012 under the Multi-State Co-oper ative Societies Act, 2002 shall be continued and nothing contained in this section shall, a fter such commencement, apply to such proceedings.”. 15. In section 19 of the principal Act,— (a ) after sub-section (1), the following sub-sections shall be inserted, namely:— “(1A) Every bank being, multi-Sta te co-operative bank referred to in sub-clause (vi) of clause(d) of s ection 2, may, at its option, opt to initiate proceedings under the Multi-State Co-operative Societies Act, 2002 to recover deb ts, whether du e befor e or a fter the date of commencement of the Enforcement of the Security Interest and Recovery of Debts Laws (Amendment) Act, 2012 from any person instead of making an applica tion under this Cha pter. (IB) In case, a bank being, multi-Sta te co-operative bank referred to in sub-clause (vi) of clause (d) of section 2 has filed an application under this Cha pter and subsequently opts to withdraw the a pplication for the purpose of initiating proceeding under the Multi-State Co-operative Societies Act, 2002 to recover debts, it may do so with the permission of the Tribunal and every such application seeking permission from the Tribunal to withdraw the application made under sub-section (1A) shall be dealt with by it as expeditiously as possible and disposed of within thirty days fr om the date of such applica tion: Provided that in ca se the Tribuna l refuses to grant permission for withdrawal of the applica tion filed under this sub-section, it shall pass such orders after recording the reasons therefor.”; Amendment of section 2. Amendment of section 15.51 of 1993. Amendment of section 18. Amendment of section 19.39 of 2002. 39 of 2002. 39 of 2002. - 6 - Ex-438/2013 (b) after sub-section (3), the following sub-section shall be inserted, namely:— “(3A) If a ny application filed before the Tribunal for recovery of any debt is settled prior to the commencement of the hearing before that Tribunal or at any sta ge of the proceedings before the final or der is passed, the applicant may be granted refund of the fees paid by him at such rates as may be prescribed.”; (c) for sub-section (5), the following sub-section shall be substituted, namely:— “(5) The defendant shall, within a period of thirty days fr om the date of s ervice of summons, present a written statement of this defence: Provided tha t where the defendant fails to file the wirtten statement within the said period of thirty days, the Presiding Officer may, in exceptional cases and in special circumstances to be recorded in’writting, allow not more than two extensions to the defendant to file the written statement.”; (d) after sub-section (5), the following sub-section shall be inserted, namely:— “(5A) After hearing of the application has commenced, it shall be cont inued from day-to-day until the hearing is concluded: Provided that the Tribunal may grant adjournments if sufficient cause is s hown, but no such adjournment shall be granted mor e than three times to a party and where there are three or more pa rties, the tota l number of such adjournments shall not exceed six: Provided further that, the Presiding Officer may grant such adjournments on imposing such costs as may be cons idered necessar y.”; (e) after sub-section (20), the following sub-section shall be inserted, namely:— “(20A) Wher e it is proved to the satisfaction of the Tribunal that the claim of the applicant has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the pa rties or where the defendant has repaid or agreed to repay the claim of the applicant, the Tribunal shall pass orders recording such agreement, compromise or satisfaction of the claim.”. 16. In section 3 1 of the principal Act , after the proviso, the following proviso shall be inserted, namely:— “Provided further that any recovery proceedings in relation to the recovery of debts due to a ny multi-State co-operative bank pending before the date of commencement of the Enforcement of Secur ity Interest and Recovery of Debts Laws (Amendment) Act, 2012 under the Multi-State Co-operative Societies Act , 2002, shall be continued and nothing conta ined in t his section shall apply to such proceedings.”. 17. In section 36 of the principal Act, in sub-section (2), after cla use (c), the following clause shall be inserted, namely:— “(cc) the rate of fee to be refunded to the applica nt under sub-s ection (3A) of section 19 of the Act.”. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50039 of 2002.Amendment of section 31. Amendment of section 36. - 7 -Ex-438/2013The Prevention of Money Laundering (Amendment) Act, 2012 (Act No. 2 of 2013)
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Prevention of Money Laundering (Amendment) Act, 2012 (Act No. 2 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE PREVENTION OF MONEY LAUNDERING (AMENDMENT ) ACT, 2012 AN ACT The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 439RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pagefurther to amend the Prevention of Money-laundering Act, 2002. BE it enacted by Parliament in the Sixty-thir d Year of the R epublic of India as follows:— 1.(1 ) T his Act may be called the Prevention of Money-la undering (Amendment) Act, 2012. (2) It shall come into for ce on such date as the Central Government may, by notification in the Officia l Gazette, appoint. 2.In s ection 2 of the Prevention of Money-laundering Act, 2002 (hereinafter referred to as the principal Act), in sub-s ection (1),— (i) after clause (f), the following clause shall be inserted, namely:— ‘(fa) “beneficial owner” means an individual who ultima tely owns or contr ols a client of a repor ting entity or the person on whose behalf a transaction is being conducted and includes a person who exercises ultimate effective control over a juridica l person;’; (ii) after clause (h), the following clause shall be inserted, namely:— ‘(ha) “client” means a person who is engaged in a financial transaction or a ctivity with a reporting entity and includes a person on whose behalf the person who engaged in the transaction or act ivity, is acting;’;Short title and com- mencement Amendment of section 2. 15 of 2003 -- - 2 - Ex-439/2013(iii) after clause (i), the following clauses shall be inserted, namely:— ‘(ia) “cor responding law’’ means any law of any foreign cou ntry corr esponding to any of the provisions of this Act or dealing with offences in t hat cou ntry corresponding to any of the scheduled offences; (ib) “‘dealer” ha s the same meaning as assigned to it in clause (b) of section 2 of the Central Sales Tax Act, 1956;’; (iv) clause (ja) shall be omit ted; (v) for cla use (l), the following clause shall be substituted, namely:— ‘(l) “financial institution” means a financial institution as defined in cla use (c) of section 45-1 of the Reserve Bank of India Act, 1934 and includes a chit fund compa ny, a housing finance institution, an author ised person, a p ayment system operator, a non-banking financial company and the Department of P osts in the Government of India;’; (vi) for clause (n), the following clause shall be substituted, namely:— ‘(n) “intermediar y” means,— (i) a stock-broker, sub-broker, share transfer agent, banker to an issue, trustee to a trust deed, registrar to an issue, merchant banker, underwriter, portfolio manager, investment adviser or any other intermediary associated with secur ities market a nd registered under section 12 of the Securities and Exchange Board of india Act, 1992; or (ii) an a ssociation recognised or registered under the For ward Contracts (R egula tion) Act , 1952 or any member of such association; or (iii) intermediary registered by the Pension Fund Regula tory and Development Authority; or (iv) a r ecognis ed stock excha nge referred to in clause (f) of section 2 of the S ecurities Contracts (Regula tion) Act, 1956;’; (vii) in clause (q), the words “a nd includes a person ca rrying on designated business or profession” shall be omit ted; (viii) in clause (ra), in sub-clause (i), for the word “ remits”, the words “tra nsfers in any ma nner” shall be substituted; (ix) after clause (s), the following clauses sha ll be inserted, namely:— ‘(sa) “person carrying on designated business or profession” means,— (i) a person ca rrying on activities for playing games of chance for cash or kind, and includes such activities associated with casino; (ii) a Registra r or Sub-Registrar appointed under section 6 of t he Regis t r at ion Act , 1 90 8 , a s ma y b e not ified b y t he C ent ra l Go ver n ment ; (iii) real estate agent, as may be notified by the Central Government; (iv) dealer in p recious metals, precious stones and other high value goods, as ma y be notified by the Central Government; (v) person engaged in safekeeping a nd administration of cash and liquid securities on behalf of other persons, as may be notified by the Cent ral Government; or74 of 1956. 16 of 1908.2 of 1934. 15 of 1992. 74 of 1952. 42 of 1956. (vi) person carrying on such other activities as the Central Government may, by notification, so designate, from time to t ime; (sb) “precious metal” means gold, silver, platinum, palla dium or r hodium or such other metal a s may be notified by the Central Government; (sc) “precious stone” mea ns diamond, emerald, ruby, sapphire or any such other stone as may be notified by the Centr al Government;’; (x) after clause (v), the following shall be inserted, namely: — ‘Explanation- For the removal of doubts, it is hereby clarified that the ter m “property” includes pr operty of any kind used in the commission of an offence under this Act or any of the scheduled offences; (va) “rea l estat e agent ” means a rea l estat e agent as def ined in cla use (88) of section 65 of the Finance Act, 1994;’; (xi) after clause (w), the following clause shall be inserted, namely:— ‘(wa) “reporting entity” means a banking company, financial institution, intermediary or a person carrying on a designated business or profession;’. 3.In s ection 3 of the principal Act, for the wor ds “proceeds of crime and projecting”, the words “pr oceeds of crime including its concealment, possess ion, acquisition or use and projecting or claiming” shall be substituted. 4.In s ection 4 of the principal Act, the words “which may extend to five lakh rupees” shall be omit ted. 5.In s ection 5 of the principal Act , for sub-section (l), the following sub- section shall be substituted, namely:— “(1) Where the Director or any other officer not below the rank of Depu ty Director authorised by the Director for the purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of ma terial in his possession, that— (a) any person is in possession of any proceeds of crime; and (b) such proceeds of crime ar e likely to be concealed, transferred or dealt with in any manner which may r esult in frustra ting any proceedings relating to confiscation of s uch proceeds of crime under this Chapter, he may, by order in writing, provisionally attach such pr operty for a period not exceeding one hundred and eighty days from the date of the order, in such manner a s may be prescribed: Provided that no such order of attachment shall be made unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedur e, 1973, or a complaint has been filed by a person authorised to investigate the offence mentioned in that S chedule, befor e a Magistrate or cour t for taking cogn- izance of the scheduled offence, a s the case may be, or a similar repor t or complaint has been made or filed under the corr esponding law of any other country:- 3 -Ex-439/2013 32 of 1994. 2 of 1974.Amendment of section 3. Amendment of section 4. Amendment of section 5. Provided fur ther that, notwithstanding anything contained in clause(b), any property of any person may be attached under this section if the Director or any other officer not below the rank of Deputy Director authorised by him for the purposes of this section has reason to believe (t he r easons for such belief to be r ecorded in writing), on the ba sis of material in his possession, that if such property involved in money-laundering is not atta ched immediately under this Chapter, the non-attachment of the property is likely to frustrate any proceeding under this Act.”. 6.In section 8 of the principal Act,— (i) in sub-section (l), aft er the words a nd figure “section 5, or, seized”, the words “or frozen” shall be inserted; (ii) in sub-section (3), — (a) in the opening portion, for the words and figures “r ecord seized under section 17 or section 18 and record a finding to that effect, such attachment or retention of the seized property”, the words and figures “record seized or frozen under section 17 or section 18 and record a finding t o that effect, whereupon such attachment or retention or freezing of the seized or frozen property” shall be substituted; (b) in clause (a), for the words “scheduled offence before a court; and”, the words “offence under this Act before a court or under the corresponding law of any ot her country, befor e the competent cou rt of criminal jurisdiction outside India, as the case may be; and” shall be substituted; (c) for clause (b), the following clause shall be substituted, namely:— “(b) become final after an order of confiscation is passed under sub-section (5) or sub-section (7) of section 8 or section 58B or sub- section (2A) of section 60 by the Adjudicating Authority”; (iii) in sub-section (4), for the wor ds “possession of the attached property”, the following shall be substituted, namely:— “possession of the property attached under section 5 or frozen under sub-section (1A) of section 17, in such manner as may be prescribed: Provided that if it is not pract icable to take possession of a property frozen under sub-section (1A) of s ection 17, the order of confiscation shall have the sa me effect as if the property had been taken possession of.”; (iv) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:— “(5) Where on conclusion of a trial of an offence under this Act, the Special Court finds that the offence of money-laundering has been committed, it, sha ll or der tha t such pr operty involved in t he money-laundering or which has been used for commission of the offence of money-laundering shall stand confiscated to the Central Government. . . (6) Wher e on conclusion of a trial u nder this Act, the Special C ourt finds that the offence of money-laundering has not taken place or the property is not involved in money-laundering, it shall or der release of such property to the person entitled to receive it. (7) Where the trial under this Act cannot be conducted b y reason of the death of the accused or the accused being declared a proclaimed- 4 - Ex-439/2013 Amendment of section 8. offender or for any other r eason or having commenced but could not be concluded, the Special Cour t shall, on an application moved by the Director or a person claiming to be entitled to possession of a property in respect of which an or der has been passed under sub-section(3) of section 8, pass appr opriate orders regarding confiscation or release of the property, as the case ma y be, involved in the offence of money-laundering after having regard to t he material before it.”. 7.In section 9 of the principal Act,— (i) in the opening portion, for the words, brackets and figures “sub-section (6) of section 8”, the words, brackets, figures and letter “sub-section (5) or sub- section (7) of section 8 or section 58B or sub-section (2A) of section 60” shall be substituted; (ii) in t he first proviso,— (a) for the words “Adjudicating Authority”, the words “Special Court or the Adjudicating Author ity, as the ca se may be,” sha ll be substituted; (b) after the words “or seized”, the words “or frozen” shall be inserted. 8.In section 10 of the principal Act, in s ub-section (2), for the words, bra ckets and figures “sub-section (6) of section 8”, the words, br ackets, figures and letters “sub-section (5) or sub-section (6) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60" sha ll be substituted. 9.For section 12 of the principal Act, the following section shall be substituted, namely:— “12. (1) Every reporting entity shall— (a) maintain a record of all transactions, including information relating to transact ions covered under clause (b), in such manner as to enable it to reconstruct individual tr ansactions; (b) furnish to the Director within such time as may be prescribed, information relating to such transactions, whether attempted or executed, the nature and value of which may be prescribed; (c) verify the identity of its clients in such manner and subject to s uch conditions, as may be prescribed; (d) identify the beneficia l owner, if any, of s uch of its clients, as ma y be p rescribed; (e) maintain record of documents evidencing identity of its. clients and beneficial owners as well as account files and business corr espondence relating to its clients. (2 ) Every infor ma tion maintained, furnished or verified, save as otherwise pr ovided under a ny law for the time being in force, shall be kept confidential. (3) The records referr ed to in clause (a) of sub-section (1) shall be maintained for a period of five years from the date of transact ion bet ween a client a nd the reporting entity. (4) The records referred to in clause (e) of sub-section (1) shall be maintained for a period of five yea rs after the bu siness r elationship between a client and the reporting entity has ended or the account has been closed, whichever is later.- 5 -Ex-439/2013 Amendment of section 9. Amendment of section 10. Substitution of new section for section 12. Reporting en- tity to main- tain records. (5) The Central Government may, by notification, exempt any reporting entity or class of reporting entities from any obligation under this Chapter.”. 10. After section 12 of the principa l Act, the following section shall be inser ted, namely:— “12A. (1) T he Director may call for from any reporting entity any of the records referred to in sub-section (1) of section 12 and any additional information as he consider s necessary for the pu rposes of this Act. (2) Every reporting entity shall furnish to the Director such information as may be required by him under sub-section (1 ) within such time and in such manner as he may specify. (3) Save as otherwise provided under any law for the time being in force, every information sought by the Dir ector under sub-section (1), shall be kept confidentia l.”. 11. In section 13 of the principal Act,— (i) in sub-s ection (1), for the words, bra ckets and figur es “call for records referred to in sub-section (1) of section 12 and ma y make such inquiry or cause such inquiry to be made, as he thinks fit”, the words “ make such inquiry or cause such inquiry to be made, as he thinks fit to be necessary, with regard to the obligations of the r eporting entity, under this Chapter” shall be substituted; (ii) after sub-section (1), the following sub-s ections shall be inserted, namely:— “(1A) If at any sta ge of inquiry or any other proceedings before him, the Director having regard to the nature and complexity of the case, is of the opinion that it is necessary to do so, he may direct the concerned reporting entity to get its records, as may be specified, audited by an accountant from amongst a panel of accountants, maintained by the Central Government for this purpose.(IB) The expenses of, a nd incidental to, any audit under sub-section (1A) shall be borne by the Central Government.”; (iii) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) If the Director, in the course of any inquiry, finds that a reporting entity or its designated director on the Board or any of its employees has failed to comply with the obligations under this Chapter, then, without prejudice to any ot her act ion tha t may be taken under a ny other provisions of t his Act, he may— (a) issue a warning in writing; or (b) direct such reporting entity or its designated director on the Board or any of its employees, to comply with specific instructions; or (c) direct such reporting entity or its designated director on the Board or any of its employees, to send reports a t such interva l as may be prescribed on the measures it is taking; or (d) by an order, impos e a monetary penalty on such repor ting entity or its designated director on the Board or any of its employees, which shall not be less than ten thousand rupees but ma y extend to one la kh ru pees for each failur e.”; Insertion of new section 12 A. Access to information. Amendment of section 13.- 6 - Ex-439/2013 (iv) after sub-section (3), the following Explanation shall be inserted, namely:— “Explanation. —For the purpose of this section, “accountant” shall mean a chartered accountant within the meaning of the Chartered Accountants Act, 1949.”. 12. For section 14 of the principal Act, the following section shall be substituted, namely:— “14. Save as otherwise provided in section 13, the reporting entity, its directors and employees shall not be liable to any civil or criminal proceedings against them for fu rnishing informa tion under clause (b) of sub-section (1) of section 12.”. 13. For section 15 of the principal Act, the following section shall be substituted, namely:— “15. The Central Government may, in consultation wit h the Reserve Bank of India, prescribe the procedure and the manner of maintaining and furnishing information by a reporting entity under sub-section (1) of section 12 for the purpose of implementing the provisions of this Act.”. 14. In section 17 of the principal Act,— (i) in sub-section (l),— (a) in cla use (iii), after the word “money-laundering,”, the word “or” shall be inserted; (b) after clause (iii), the following clause shall be inserted, namely:— “(iv) is in possession of any property related to crime,”; (c) in clause (d), after the words “such record or”, the words “property, if r equired or” shall be inserted; (d) for the proviso, the following proviso sha ll be substituted, na mely:— “Provided that no search shall be conducted unless, in relation to the schedu led offence, a r eport has been forwar ded t o a Ma gistra te under section 157 of the Code of Criminal Procedure, 1973, or a complaint has been filed by a person, authorised to investigate the offence mentioned in the Schedule, before a Ma gistrate or court for taking cognizance of the scheduled offence, as the case may be, or in cases where such repor t is not required to be forwarded, a similar report of infor mation received or otherwise ha s been submitted by an officer a uthor ised to investiga te a scheduled offence to an officer not below the ra nk of Additiona l Secretary to the Government of India or equivalent being head of the office or Ministry or Department or Unit, as the ca se may be, or any other officer who may be authorised by the Central Government, by notification, for this purpose.”; (ii) after sub-section (1), the following sub-section shall be inserted, namely:— “ (1A) Wher e it is not pr acticable to seize such recor d or pr operty, the officer authorised under sub-section (1), may make an order to freeze such property whereupon the property shall not be tr ansferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned: 38 of 1949.- 7 -Ex-439/2013 Substitution of new section for section 14. Substitution of new section for section 15. Amendment of section 17. No civil or cri- m i nal pro ceed- ings agai n st r e - porting entity, its directors a nd employees in certain cases. Procedure and manner of furnishing information by reporting entities. 2 of 1974. Provided tha t if, at any time before its confiscation under sub-section(5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60, it becomes pr actical to seize a frozen property, the officer authorised under sub-section (1) may seize such property.”; (iii) in sub-section (2), after the words, “immediately after search and seizure” the words “or upon issuance of a freezing order” shall be inserted; (iv) for sub-section (4), the following sub-section shall be substituted, namely:— “(4) The authority seizing any record or property under sub-section (1) or freezing any recor d or property under sub-section (1A) shall, within a period of thirty days from such seizure or freezing, as the case may be, file an application, requesting for retention of such record or pr operty seized under sub-section (1) or for continua tion of t he order of fr eezing served under sub-section (1A), befor e the Adjudicating Authority.”. 15. In section 18 of the principal Act , in sub-section (1), for the proviso, the following pr oviso shall be substituted, namely:— “P rovided that no sear ch of any person shall be made unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 157 of the Code of Criminal Procedur e, 1973, or a complaint has been filed by a person, authorised to investigate the offence ment ioned in the Schedule, before a Ma gistr ate or cour t for ta king cognizance of the scheduled offence, as the case may be, or in cases where such report is not r equir ed to be forwar ded, a similar repor t of infor mation received or otherwise has been submitted by an officer authorised to investigate a scheduled offence to an officer not below the rank of Additional Secretary to the Government of India or equivalent being head of the office or Ministry or Department or Unit, as the case may be, or a ny other officer who may be authorised by the Central Government, by notification, for this purpose.”; 16. For sections 20 and 21 of the principal Act, the following sections shall be substituted, namely:— “20. (1) Where any property has been seized under section 17 or section 18 or frozen under sub-section (1A) of s ection 17 and the officer authorised by the Director in this behalf has, on the basis of material in his possession, reason to believe (the reason for such belief to be recorded by him in writing) that such property is requir ed to be retained for the pur poses of a djudication under section 8, such property may, if seized, be retained or if frozen, may continue t o remain frozen, for a period not exceeding one hundred and eighty days from the day on which such p roperty was seized or frozen, as the case may be. (2) The officer authorised by the Director shall, immediately a fter he ha s passed an order for retention or continua tion of freezing of t he property for purposes of adjudication under section 8, forwar d a cop y of the order along with the material in his possession, referred to in sub-section (1), to the Adjudica ting Authority, in a sealed envelope, in the manner as- 8 - Ex-439/2013 Amendment of section 18. 2 of 1974. Substitution of new sections for section 20 and section 21. Retention of property. may be prescribed and such Adjudicating Author ity sha ll keep such order and materia l for such period as may be prescribed. (3) On the expiry of the period specified in sub-section (1), the property sha ll be r eturned to the person from whom such property was seized or whose property was ordered to be frozen unless the Adjudica ting Authority permits retention or continuation of freezing of such property beyond the said period. (4) The Adjudicating Authority, before authorising the r etention or cont inuation of fr eezing of such property beyond the period specified in sub-section (1), shall satisfy himself that the property isprima facie involved in money-laundering and the property is required for the purposes of adjudication under section 8. (5) After passing the order of confiscation under sub-section (5) or sub-section (7) of section 8, the Court or the Adjudicating Authority, as the case ma y b e, sha ll dir ect the r eleas e of a ll proper ty other tha n t he property involved in money-laundering to the person from whom such property was seized or the persons entit led to receive it. (6) Wher e an order releasing the property ha s been made by the Cour t under sub-section (6) of section 8 or by the Adjudicating Authority under section 58B or sub-section (2A) of section 60, the Director or any officer authorised by him in this behalf may withhold the release of any such property for a period of ninety days from the date of such order, if he is of the opinion that such property is r elevant for the appeal proceedings under this Act. 21. (1) Where any records have been seized, u nder section 17 or section 18 or frozen under sub-section (IA) of section 17 and the Investigating Officer or any other officer authorised by the Director in this behalf has reason to believe tha t any of such r ecords are required to be retained for any inquir y under this Act, such records may if seized, be r etained or if fr ozen, ma y continue to remain frozen, for a period not exceeding one hundred and eighty days fr om the day on which such records were seized or frozen, a s the case may be. (2) The person, from whom r ecords seized or frozen, shall be entitled to obtain copies of records. (3) On the expiry of the period specified under sub-section (1), the records shall be returned to the person from whom such records were seized or whose records were ordered to be frozen unless the Adjudica ting Author ity permits retention or continua tion of freezing of such r ecor ds beyond the said period. (4) The Adjudicating Authorit y, before authorising the retention or continua tion of freezing of such records beyond the period specified in sub-section (1), shall satisfy himself tha t the r ecords a re required for the purposes of adjudication under section 8. (5) After pa ssing of an order of confisca tion under sub-section (5) or sub-section (7) of section 8, the Adjudicating Authority shall direct the release of the records to the person from whom such records were seized. (6) Where an order releasing the records has been made by the Court under sub-section (6) of section 8 or by the Adjudicating Authority under section 58B or sub-section (2A) of section 60, the Director or any other officer authorised by him in this behalf may withhold the release of- 9 -Ex-439/2013 Retention of records. any such record for a period of ninety da ys from the date of such order, if he is of the opinion that such record is r elevant for the appeal proceedings under this Act.”. 17. In section 22 of the principal Act, in sub-section (1), after the words “a survey or a search,”, the words “or where any r ecord or property is produced by any person or has b een resumed or seized from the custody or control of any person or ha s been frozen u nder this Act or under any other law for the time being in force,” s hall b e inserted. 18. In section 23 of the principal Act , for the words and figure “under section 8, it shall, unless otherwise proved to the satisfaction of the Adjudicating Authority”, the words a nd figure “under section 8 or for the tria l of the money-laundering offence, it shall u nless otherwise proved to the satisfaction of the Adjudica ting Authority or the Special Court” shall be substituted. 19. For section 24 of the principal Act, the following section shall be substituted, namely:— “24. In any proceeding relating to proceeds of crime under this Act,—(a) in the case of a person charged with the offence of money- laundering under section 3, the Authority or Court shall, unless the contrary is proved, p resume that such proceeds of crime are involved in money- laundering; and (b) in the case of any other person the Authority or Court, may presume tha t such proceeds of cr ime are involved in money-la undering.”. 20. In section 26 of the principal Act , in sub-s ection (2), for the words “ba nking company, financial institution or intermediary”, the words “reporting entity” shall be substituted. 21. In section 44 of the principal Act, in sub-section (1),— (i) for clause (a) the following clause shall be substituted, namely:— “(a) a n offence punishable under section 4 and any scheduled offence connected to the offence under tha t section shall be triable by the Special Cour t constituted for the area in which the offence has been commit ted: Provided tha t the Special Cour t, tr ying a scheduled offence before the commencement of this Act, shall cont inue to t ry such scheduled offence; or”; (ii) in clause (b), for the wor ds “cognizance of the offence for which the accused is committed to it for.trial”, the words and figure “cognizance of offence under section 3, without the accused being committed to it for trial” shall be substituted; (iii) after clause (b), the following clauses sha ll be inserted, namely:— “(c) if the court which has taken cognizance of the scheduled offence is other tha n the Special Court which has taken cognizance of t he complaint of the offence of money-laundering under sub-clause (b), it shall, on an application by the authority authorised to file a compla int under this Act, commit the case relating t o the scheduled offence to the Specia l Court and the Special Court shall, on receipt of such case proceed to deal with it from the stage a t which it is commit ted.- 10 - Ex-439/2013 Amendment of section 22. Amendment of section 23. Amendment of section 24. Burden of Proof. Amendment of section 26. Amendment of section 44. (d) a Special C ourt while trying the scheduled offence or the offence of money-la undering shall hold tr ial in accorda nce with the pr ovisions of the Code of Criminal Procedure, 1973, as it applies to a trial before a Court of S ession.”. 22. In section 50 of the principal Act, in sub-section (1), in clause (b), for the words “banking company or a financial institution or a company, ”, the words “reporting entity” shall be substituted. 23. In section 54 of the principal Act,— (i) in the opening portion, for the word “officers”, the words “ officers and others” sha ll be substituted; (ii) for clause (d), the following clause shall be substituted, namely:— “(d) members of the recognised stock exchange referred to in clause (f) of section 2 and the officers of the stock excha nges recognised under section 4 of the Securit ies Contracts (Regulation) Act, 1956; (iii) after clause (h), the following clauses sha ll be inserted, namely:— “(ha) officers of the Ins urance Regulatory and Development Authority establis hed under section 3 of the Insurance Regula tory and Development Authority Act, 1999; (hb) officers of the For ward Mar kets Commission established under section 3 of the Forward C ontract s (Regulation) Act, 1952; (hc) officers a nd members of the recognised associa tion recognised under section 6 of the Forward Contracts (Regulation) Act, 1952; (hd) officers of the Pension Fund Regulatory and Development Authority; (he) officers of the Department of Posts in the Government of India; (hf) Registrars or Sub-Registrars appointed by the State Governments under section 6 of the Registration Act, 1908; (hg) registering authority empowered to register motor vehicles under Chapter IV of the M otor Vehicles Act, 1988; (hh) of fic ers and member s of t he Ins tit ute of C ha r ter ed Accountants of India cons tituted under section 3 of the Chartered Accountants Act, 1949; (hi) officers and members of the Institute of Cost and Works Accountants of India cons tituted under section 3 of the Cost and Works Accountants Act, 1959; . (hj) officers and members of the Institute of Company Secr eta ries of India constit uted under section 3 of the Compa ny Secretaries Act, 1980;”; (iv) in clause (J), for the words “banking compa nies”, the words “repor ting entities” shall be substituted.- 11 -Ex-439/2013 Amendment of section 50. Amendment of section 54. 2 of 1974. 42 of 1956. 41 of 1999. 74 of 1952. 74 of 1952. 16 of 1908. 59 of 1988. 38 of 1949. 23 of 1959. 56 of 1980. 24. After section 58, the following sections shall be inserted, namely:— “58A. Where on closure of the criminal case or conclusion of a trial in a criminal court outside India under the corresp onding law of any other country, such court finds that the offence of money-laundering has not taken place or the property in India is not involved in money-laundering, the Special Court may, on an a pplication moved by the concerned per son or the Dir ector, after notice to the other party, order release of such property to the person entitled to receive it. 58B. Where the tria l under the corr esponding law of any other cou ntry cannot be conducted by reason of the death of the accused or the accused being declared a proclaimed offender or for a ny other reason or ha ving commenced but could not b e concluded, t he Central Government shall, on receipt of a letter of request from a cour t or authority in a contracting State requesting for confisca tion or release of property, as the case may be, forward the same to the Director to move an application before the Special Court and upon such application the Special Court shall pa ss a ppr opriate orders r egarding confiscation or r elease of such property involved in the offence of money-laundering.”. 25. In section 60 of the principal Act,— (i) in sub-s ection (1), for the words and figures “property under section 5 or where an Adjudica ting Authority has made an order confir ming such attachment or confiscation of any property under section 8”, the words, figures, brackets and letter “property under section 5 or for freezing under sub-section(1A) of section 17 or where an Adjudicating Authority has made an order relating to a property under section 8 or where a Special Cour t has made an order of confiscation relating to a property under sub-section (5) or sub section (6) of section 8” shall be substituted; (ii) in sub-section (2),— (a) for the words “attachment or confiscation”, the words “attachment, seizur e, freezing or confisca tion” shall be substituted; (b) for the word and figur e “section 3”, the wor ds “a corresponding law” shall be substituted; (iii) after sub-section (2), the following sub-section shall be inserted, namely:— “(2A) Wher e on closure of the criminal case or conclusion of tria l in a cr iminal court outside India under the corresponding law of any other country, such cour t finds that the offence of money-la undering under the corr esponding law of that countr y has been committed, the Adjudica ting Authority shall, on receipt of an application from the Dir ector for execution of confiscation under sub-section (2), order, after giving notice to the affected persons, that such property involved in money-laundering or which has been used for commission of the offence of money-laundering stand confiscated to the C entral Government.”. 26. In section 6 3 of the principal Act, after sub-section (3), the following sub- section sha ll be inserted, namely:—. “(4) Notwithstanding anything contained in clause (c) of sub-section (2), a person who intentionally disobeys any direction issued under section 50- 12 - Ex-439/2013 Insertion of new sections 58A and 58B. Special Cou rt to release the property. Letter of re- quest of a con- tracting State or authority for confisca- tion or release the property. Amendment of section 60. Amendment of section 63. 45 of 1860. shall also be liable to be proceeded against under section 174 of the Indian Penal Code.”. 27. For section 69 of the principal Act, the following section shall be substituted, namely:— “69. Where any fine or penalty imposed on any person under section 13 or section 63 is not paid within six months from the day of imposition of fine or penalty, the Director or a ny other officer author ised by him in this behalf may proceed to recover the amount from the said person in the same manner as prescribed in S chedule II of the Income-tax Act, 1961 for the recovery of arrears and he or any officer author ised by him in this behalf shall have all the powers of the Tax Recovery Officer mentioned in the said Schedule for the said purpose.”. 28. In s ection 70 of the principal Act, theExplanation shall be numbered as Explanation 1 thereof and after Explanation 1 as so numbered, t he following Explanation shall be inserted, namely:— “Explanation 2. —For the removal of doubts, it is hereby clarified that a company may be prosecuted, notwithstanding whether the pr osecution or conviction of any legal juridical person shall be contingent on the prosecution or convict ion of any individua l.”. 29. In section 73 of the principal Act, in sub-section (2),— (i) after clause (a), the following clause shall be inserted, namely:— “(aa ) the manner of provisional a ttachment of property under sub- section (l) of section 5;”; (ii) after clause (e), the following clause shall b e inserted, namely:— “(ee) the ma nner of seizing or taking possession of property atta ched under section 5 or frozen under sub-section (1A) of s ection 17 or under sub-section (4) of section 8;”; (iii) clause (h) shall be omit ted; (iv) in clause (i), for the words “the time within which”, the words “the nature and value of transactions and the time within which” shall be substituted; (v) for cla use (j), the following clauses shall be substituted, namely:— “(j) the manner and the conditions in which identity of clients sha ll be verified by the reporting entities under clause (c) of sub-section (1) of section 12; (jj) the manner of identifying beneficial owner, if any, from the clients by t he repor ting entities under clause (d) of sub-section (1) of section 12; (jjj) the period of interval in which the reports are sent by the reporting ent it i es or a ny o f it s emp lo yees u nder c la u s e (c) o f s u b -s ect i on (2 ) of s ect ion 13;”; (vi) after clause (p), the following clause shall b e inserted, namely:— “(pp) the manner in which the for warding of the order for retention or continua tion of freezing of the property and the per iod of keeping such order and material under sub-section (2 ) of section 20;”; 30. In the Schedule to the principal Act,— (i) for Par t A, the following Par t shall be substituted, namely:—- 13 -Ex-439/2013 Substitution of new section for section 69. Recovery of fine or penalty. Amendment of section 70. Amendment of section 73. 43 of 1961. Amendment of the Schedule. - 14 - Ex-439/2013 “PART A PAR AGR AP H 1 OFFENCESUNDERTHE INDIAN PENAL CODE (45OF 1860) SectionDescription of offence120BCriminal conspiracy. 121Waging or attempting to wage war or abetting waging of war, against the Government of India. 121AConspiracy to commit offences punishable by section 121 against the State. 255Counterfeiting Government stamp. 257Making or selling instrument for counterfeiting Government stamp. 258Sale of cou nterfeit Government stamp. 259Having possession of counterfeit Government stamp. 260Using as genuine a Government stamp known to be counterfeit. 302Murder. 304Punishment for culpable homicide not amounting to mur der. 307Attempt to murder. 308Attempt to commit culpable homicide. 327Voluntarily causing hurt to extort property, or to constrain to an illegal act. 329Voluntarily causing grievous hurt to ext ort property, or to constrain to an illegal act. 364AKidnapping for ra nsom, etc. 384 to 389 Offences relating to extortion. 392 to 402 Offences relating to robbery and dacoity. 411Dishonestly receiving stolen property. 412Dishonestly receiving property stolen in the commission of a dacoity. 413Habitually dealing in stolen property. 414Assisting in concealment of stolen property. 417Punishment for cheating. 418Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect. 419Punishment for cheating by personation. 420Cheating and dishonestly inducing delivery of property. 421Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. 422Dishonestly or fraudulently preventing debt being available for creditors. 423Dishonest or fraudulent execution of deed of transfer conta ining false statement of consideration. 424Dishonest or fraudulent removal or concealment of property. 467Forgery of valuable security, will, etc. 471Using as genuine a forged document or electronic record. 472 and 473 Making or possessing counterfeit seal, etc., with intent to commit forgery. 475 and 476 Counterfeit ing device or mark. 481Using a false property mark. 482Punishment for using a fa lse property mark. 483Counterfeiting a property mark used by another. 484Counterfeiting a mar k used by a public servant. 485Making or possession of any instr ument for counterfeiting a property mark. 486Selling goods marked with a counterfeit pr operty mark. 487Making a fa lse mar k upon any receptacle containing goods. 488Punishment for making use of any such false mark. 489ACounterfeit ing cur rency notes or bank notes. 489BUsing as genuine, forged or counterfeit cu rrency notes or bank notes. - 15 -Ex-439/2013 PAR AGR AP H 2 OFFENCESUNDERTHE NARCOTIC DRUGSAND PSYCHOTROPI C SUBSTANCES ACT, 1985 (61OF 1985) SectionDescription of offence15Contravention in relation to poppy straw. 16Contravention in r elation to coca plant and coca leaves. 17Contravention in relation to prepared opium. 18Contravention in relation to opium poppy and opium. 19Embezzlement of op ium by cultiva tor. 20Contravention in r elation to cannabis plant and canna bis. 21Contravention in r elation to manufactured drugs and pr eparations. 22Contravention in relation to psychotropic substances. 23Illegal import into India, export from India to transhipment of narcotic drugs and psychotr opic substances. 24External dealings in narcotic drugs and psychot ropic s ubstances in contravention of section 12 of the Narcotic Drugs and Psychotr opic Substances Act, 1985. 25AContra vent ion of or ders made under section 9 A of the Na rcotic Drugs and Psychotr opic Substances Act, 1985. 27AFina ncing illicit traffic and har bouring offenders. 29Abetment and criminal conspir acy. PAR AGR AP H 3 OFFENCESUNDERTHE EXPLOSIVE SUBSTANCES ACT, 1908 (6OF 1908) SectionDescription of offence3Causing explosion likely to endanger life or property. 4Attempt to cause explosion, or for making or keeping explosives with intent to endanger life or property. 5Making or possessing explosives under suspicious circumstances. PAR AGR AP H 4 OFFENCESUNDERTHE UNLAWF UL ACTIVITIES (PREVENTION) ACT, 1967 (37OF 1967) SectionDescription of offence10 read with sect ion 3 Penalty for being member of an unlawful association, etc. 11 r ead with section 3 Penalty for dealing with funds of an unlawful a ssociation, 13 r ead wit h section 3 Punishment for unlawful activit ies. 16 read with section 15 Punishment for terrorist act. 16APunishment for making demands of radioa ctive substances, nuclear devices, etc. 17Punishment for raising fund for terrorist act. 18Punishment for conspiracy, etc. 18APunishment for orga nising of terrorist ca mps. 18BPunishment for recr uiting of any person or persons for terrorist act. 19Punishment for harbouring, etc. 20Punishment for being member of terr orist gang or organisation. 21Punishment for holding proceeds of terror ism. 38Offence relating to membership of a terr orist or ganisation. 39Offence relating to support given to a terrorist organisation. 40Offence of raising fund for a terr orist organisation. - 16 - Ex-439/2013 PAR AGR AP H 5 OFFENCESUNDERTHE ARMS ACT, 1959 (54OF 1959) SectionDescription of offence25To manufacture, sell, tra nsfer, convert, repair or test or pr ove or expose or offer for sale or transfer or have in his possession for sale, tr ansfer, conver sion, r epair, test or proof, any arms or ammunition to cont ravention of section 5 of the Arms Act, 1959. To a cquir e, have in possession or car ry a ny pr ohibited ar ms or prohibit ed ammunit ion in contravention of section 7 of the Arms Act, 1959. Contravention of section 24Aof the Arms Act, 1959 relating to prohibition a s to possession of notified arms in disturbed areas, etc. Contr avention of section24B of theArms Act, 1959 r elating to prohibition as to carrying of not ified arms in or through public places in disturbed ar eas. Other offences specified in section 25. 26To do any act in contravention of any provisions of section 3,4, 10 or section 12 of the Arms Act, 1959 in such manner as specified in sub-section(1) of section 26 of the said Act. To do any a ct in contravention of any provisions of section 5 , 6, 7 or section 11 of the Arms Act, 1959 in such manner as specified in sub-section (2) of section 26 of the said Act. Other offences specified in section 26. 27Use of arms or ammunition in contr avention of section 5 or use of any ar ms or a mmunition in cont ravention of section 7 of the Arms Act, 1959. 28Use and possession of fir e arms or imita tion fire arms in certain ca ses. 29Knowingly p urchasing arms from unlicensed person or for delivering arms, etc., to person not entitled to posses s the s ame. 30Contravention of any condition of a licence or a ny provisions of the Arms Act, 1959 or any rule ma de ther eu nder. PAR AGR AP H 6 OFFENCESUNDERTHE WILD LIFE (PROTECTION) ACT, 1972 (53OF 1972) SectionDescription of offence51 read withHunting of wild animals, section 9 51 read withContravention of pr ovisions of section 1 7 A relating to prohibition section 17Aof picking, uprooting, etc., of specified pla nts. 51 read withContravention of pr ovisions of section 39 relating to wild animals, section 39etc. , to be Government property. 51 read withContravention of provisions of section 44 relating to dealings in section 44trophy and animal a rticles without licence prohibited. 51 read withContravention of provisions of section 48 relating to purchase of animal, etc., by licensee. section 48 51 read withContravention of pr ovisions of section 49B relating to prohibition section 49Bof dealings in trophies, a nimals articles, etc. , derived from scheduled animals. PAR AGR AP H 7 OFFENCESUNDERTHE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 (104OF 1956) SectionDescription of offence5Procuring, inducing or taking person for the sa ke of pr ostitution. 6Deta ining a person in premises where pr ostitution is carried on. - 17 -Ex-439/2013 8Seducing or soliciting for purpose of pr ostitution. 9Seduction of a person in custody. PAR AGR AP H 8 OFFENCESUNDERTHE PREVENTIONOF CORRUPTION ACT, 1988 (49OF 1988) SectionDescription of offence7Public servant taking gratification other than legal remuneration in respect of an official act. 8Taking gratification in or der, by corrupt or illegal means, to influence public servant. 9Taking gratification for exercise of personal influence with public servant. 10Abetment by public servant of offences defined in section 8 or section 9 of the Pr evention of Corruption Act, 1988. 13Criminal misconduct by a public servant. PAR AGR AP H 9 OFFENCESUNDERTHE EXPLOSIVES ACT, 1884 (4OF 1884) SectionDescription of offence9BPunishment for certa in offences. 9COffences by companies. PARAGRAPH 10 OFFENCESUNDERTHE ANTIQUITIESAND ARTS TREASURES ACT, 1972 (52OF 1972) SectionDescription of offence25 read withContravention of exp ort trade in a ntiquities and ar t treasur es. section 3 28Offences by companies. PARAGRAPH 11 OFFENCESUNDERTHE SECURI TIESAND EXCHANGE BOARDOF INDIA ACT, 1992 (15OF 1992) SectionDescription of offence12A read withProhibition of manipulative and deceptive devices, insider trading and substantial. section 24 24Acquisition of securities or cont rol. PARAGRAPH 12 OFFENCESUNDERTHE CUSTOMS ACT, 1962 (52OF 1962) SectionDescription of offence135Evasion of duty or prohibitions. PARAGRAPH 13 OFFENCESUNDERTHE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 (19OF 1976) SectionDescription of offence16Punishment for enforcement of bonded labour. 18Punishment for ext racting bonded labour under the bonded labour system. 20Abetment to be an offence. - 18 - Ex-439/2013 PARAGRAPH 14 OFFENCESUNDERTHE CHILD LABOUR (PROHIBITIONAND REGULATION) ACT, 1986 (61OF 1986) Section Description of offence14Punishment for employment of any child to work in contravention of the provisions of section 3. PARAGRAPH 15 OFFENCESUNDERTHE TRANSPLANTATIONOF HUMAN ORGANS ACT, 1994 (42OF 1994) SectionDescription of offence18Punishment for removal of human organ without author ity. 19Punishment for commercial dealings in human organs. 20Punishment for contravention of a ny other provisions of this Act. PARAGRAPH 16 OFFENCESUNDERTHE JUVENILE JUSTICE (CAREAND PROTECTIONOF CHILDREN) ACT, 2000 (56OF 2000) SectionDescription of offence23Punishment for cruelty to juvenile or child. 24Employment of juvenile or child for begging. 25Penalty for giving intoxicating liquor or nar cotic drug or psychotropic substance to juvenile or child. 26Exploitation of juvenile or child employee. PARAGRAPH 17 OFFENCESUNDERTHE EMIGRATION ACT, 1983 (31OF 1983) SectionDescription of offence24Offences and penalties. PARAGRAPH 18 OFFENCESUNDERTHE PASSPORTS ACT, 1967 (15OF 1967) SectionDescription of offence12Offences and penalties. PARAGRAPH 19 OFFENCESUNDERTHE FOREIGNERS ACT, 1946 (31OF 1946) SectionDescription of offence14Penalty for contra vention of pr ovisions of the Act, etc. 14BPenalty for using forged passport. 14CPenalty for abetment. PARAGRAPH 20 OFFENCESUNDERTHE COPYRIGHT ACT, 1957 (14OF 1957) SectionDescription of offence63Offence of infringement of copyright or other rights conferred by this Act. 63AEnha nced penalty on second and subsequent convictions. - 19 -Ex-439/2013 63BKnowing use of infr inging copy of computer progra mme. 68APenalty for contra vention of section 52 A. PARAGRAPH 21 OFFENCESUNDERTHE TRADE MARKS ACT, 1999 (47OF 1999) SectionDescription of offence103Penalty for applying false trade marks, trade descriptions, etc. 104Penalty for selling goods or providing services to which false trade mark or false trade description is applied. 105Enha nced penalty on second or subsequent convict ion. 107Penalty for falsely representing a trade mark as registered. 120Punishment of abetment in India of acts done out of India. PARAGRAPH 22 OFFENCESUNDERTHE INFORMATION TECHNOLOGY ACT, 2000 (21OF 2000) SectionDescription of offence72Penalty for breach of confidentiality and privacy. 75Act to apply for offence or contr avention committed outside India. PARAGRAPH 23 OFFENCESUNDERTHE BIOLOGICAL DIVERSITY ACT, 2002 (18OF 2003) SectionDescription of offence55 read with section 6.Penalties for contr avention of section 6, etc. PARAGRAPH 24 OFFENCESUNDERTHE PROTECTIONOF PLANT VARIETIESAND FARMERS’ RIGHTS ACT, 2001 (53OF 2001) SectionDescription of offence70 read with section 68Penalty for applying false denomination, etc. 71 read with section 68Penalty for selling varieties to which false denomination is applied, 72 read with section 68Penalty for falsely representing a variety as registered, 73 read with section 68Penalty for subsequent offence. PARAGRAPH 25 OFFENCESUNDERTHE ENVIRONMENT PROTECTION ACT, 1986 (29OF 1986) SectionDescription of offence15 r ea d wit h section 7 Penalty for discharging environmental pollutants, etc., in excess of prescribed standards. 15 r ead with section 8 Penalty for handling hazar dous substances without complying with procedural safeguards. PARAGRAPH 26 OFFENCESUNDERTHE WATER (PREVENTIONAND CONTROLOF POLLUTION) ACT, 1974 (6OF 1974) SectionDescription of offence41(2)Penalty for pollution of str eam or well. 43Penalty for contravention of provisions of section 24. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500- 20 - Ex-439/2013 PARAGRAPH 27 OFFENCESUNDERTHE AIR (PREVENTIONAND CONTROLOF POLLUTION) ACT, 1981 ( 14OF 1981) SectionDescription of offence37Failure to comply with the provisions for operating indus trial plant. PARAGRAPH 28 OFFENCESUNDERTHE SUPPRESSIONOF UNLAWF UL ACTS AGAINST SAFETYOF MARITIME NAVIGATIONAND FIXED PLATF ORMSON CONTINENTAL SHELF ACT,2002 (69OF 2002) SectionDescription of offence3Offences against ship, fix ed platform, ca rgo of a ship, maritime navigational facilities, etc.”;(ii) in Part B, paragraphs 1 to 25 shall be omitted; (iii) in P art C, serial number (2) and the entries relating thereto shall be omit ted.
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Prevention of Money Laundering (Amendment) Act, 2012 (Act No. 2 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE PREVENTION OF MONEY LAUNDERING (AMENDMENT ) ACT, 2012 AN ACT The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 439RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pagefurther to amend the Prevention of Money-laundering Act, 2002. BE it enacted by Parliament in the Sixty-thir d Year of the R epublic of India as follows:— 1.(1 ) T his Act may be called the Prevention of Money-la undering (Amendment) Act, 2012. (2) It shall come into for ce on such date as the Central Government may, by notification in the Officia l Gazette, appoint. 2.In s ection 2 of the Prevention of Money-laundering Act, 2002 (hereinafter referred to as the principal Act), in sub-s ection (1),— (i) after clause (f), the following clause shall be inserted, namely:— ‘(fa) “beneficial owner” means an individual who ultima tely owns or contr ols a client of a repor ting entity or the person on whose behalf a transaction is being conducted and includes a person who exercises ultimate effective control over a juridica l person;’; (ii) after clause (h), the following clause shall be inserted, namely:— ‘(ha) “client” means a person who is engaged in a financial transaction or a ctivity with a reporting entity and includes a person on whose behalf the person who engaged in the transaction or act ivity, is acting;’;Short title and com- mencement Amendment of section 2. 15 of 2003 -- - 2 - Ex-439/2013(iii) after clause (i), the following clauses shall be inserted, namely:— ‘(ia) “cor responding law’’ means any law of any foreign cou ntry corr esponding to any of the provisions of this Act or dealing with offences in t hat cou ntry corresponding to any of the scheduled offences; (ib) “‘dealer” ha s the same meaning as assigned to it in clause (b) of section 2 of the Central Sales Tax Act, 1956;’; (iv) clause (ja) shall be omit ted; (v) for cla use (l), the following clause shall be substituted, namely:— ‘(l) “financial institution” means a financial institution as defined in cla use (c) of section 45-1 of the Reserve Bank of India Act, 1934 and includes a chit fund compa ny, a housing finance institution, an author ised person, a p ayment system operator, a non-banking financial company and the Department of P osts in the Government of India;’; (vi) for clause (n), the following clause shall be substituted, namely:— ‘(n) “intermediar y” means,— (i) a stock-broker, sub-broker, share transfer agent, banker to an issue, trustee to a trust deed, registrar to an issue, merchant banker, underwriter, portfolio manager, investment adviser or any other intermediary associated with secur ities market a nd registered under section 12 of the Securities and Exchange Board of india Act, 1992; or (ii) an a ssociation recognised or registered under the For ward Contracts (R egula tion) Act , 1952 or any member of such association; or (iii) intermediary registered by the Pension Fund Regula tory and Development Authority; or (iv) a r ecognis ed stock excha nge referred to in clause (f) of section 2 of the S ecurities Contracts (Regula tion) Act, 1956;’; (vii) in clause (q), the words “a nd includes a person ca rrying on designated business or profession” shall be omit ted; (viii) in clause (ra), in sub-clause (i), for the word “ remits”, the words “tra nsfers in any ma nner” shall be substituted; (ix) after clause (s), the following clauses sha ll be inserted, namely:— ‘(sa) “person carrying on designated business or profession” means,— (i) a person ca rrying on activities for playing games of chance for cash or kind, and includes such activities associated with casino; (ii) a Registra r or Sub-Registrar appointed under section 6 of t he Regis t r at ion Act , 1 90 8 , a s ma y b e not ified b y t he C ent ra l Go ver n ment ; (iii) real estate agent, as may be notified by the Central Government; (iv) dealer in p recious metals, precious stones and other high value goods, as ma y be notified by the Central Government; (v) person engaged in safekeeping a nd administration of cash and liquid securities on behalf of other persons, as may be notified by the Cent ral Government; or74 of 1956. 16 of 1908.2 of 1934. 15 of 1992. 74 of 1952. 42 of 1956. (vi) person carrying on such other activities as the Central Government may, by notification, so designate, from time to t ime; (sb) “precious metal” means gold, silver, platinum, palla dium or r hodium or such other metal a s may be notified by the Central Government; (sc) “precious stone” mea ns diamond, emerald, ruby, sapphire or any such other stone as may be notified by the Centr al Government;’; (x) after clause (v), the following shall be inserted, namely: — ‘Explanation- For the removal of doubts, it is hereby clarified that the ter m “property” includes pr operty of any kind used in the commission of an offence under this Act or any of the scheduled offences; (va) “rea l estat e agent ” means a rea l estat e agent as def ined in cla use (88) of section 65 of the Finance Act, 1994;’; (xi) after clause (w), the following clause shall be inserted, namely:— ‘(wa) “reporting entity” means a banking company, financial institution, intermediary or a person carrying on a designated business or profession;’. 3.In s ection 3 of the principal Act, for the wor ds “proceeds of crime and projecting”, the words “pr oceeds of crime including its concealment, possess ion, acquisition or use and projecting or claiming” shall be substituted. 4.In s ection 4 of the principal Act, the words “which may extend to five lakh rupees” shall be omit ted. 5.In s ection 5 of the principal Act , for sub-section (l), the following sub- section shall be substituted, namely:— “(1) Where the Director or any other officer not below the rank of Depu ty Director authorised by the Director for the purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of ma terial in his possession, that— (a) any person is in possession of any proceeds of crime; and (b) such proceeds of crime ar e likely to be concealed, transferred or dealt with in any manner which may r esult in frustra ting any proceedings relating to confiscation of s uch proceeds of crime under this Chapter, he may, by order in writing, provisionally attach such pr operty for a period not exceeding one hundred and eighty days from the date of the order, in such manner a s may be prescribed: Provided that no such order of attachment shall be made unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedur e, 1973, or a complaint has been filed by a person authorised to investigate the offence mentioned in that S chedule, befor e a Magistrate or cour t for taking cogn- izance of the scheduled offence, a s the case may be, or a similar repor t or complaint has been made or filed under the corr esponding law of any other country:- 3 -Ex-439/2013 32 of 1994. 2 of 1974.Amendment of section 3. Amendment of section 4. Amendment of section 5. Provided fur ther that, notwithstanding anything contained in clause(b), any property of any person may be attached under this section if the Director or any other officer not below the rank of Deputy Director authorised by him for the purposes of this section has reason to believe (t he r easons for such belief to be r ecorded in writing), on the ba sis of material in his possession, that if such property involved in money-laundering is not atta ched immediately under this Chapter, the non-attachment of the property is likely to frustrate any proceeding under this Act.”. 6.In section 8 of the principal Act,— (i) in sub-section (l), aft er the words a nd figure “section 5, or, seized”, the words “or frozen” shall be inserted; (ii) in sub-section (3), — (a) in the opening portion, for the words and figures “r ecord seized under section 17 or section 18 and record a finding to that effect, such attachment or retention of the seized property”, the words and figures “record seized or frozen under section 17 or section 18 and record a finding t o that effect, whereupon such attachment or retention or freezing of the seized or frozen property” shall be substituted; (b) in clause (a), for the words “scheduled offence before a court; and”, the words “offence under this Act before a court or under the corresponding law of any ot her country, befor e the competent cou rt of criminal jurisdiction outside India, as the case may be; and” shall be substituted; (c) for clause (b), the following clause shall be substituted, namely:— “(b) become final after an order of confiscation is passed under sub-section (5) or sub-section (7) of section 8 or section 58B or sub- section (2A) of section 60 by the Adjudicating Authority”; (iii) in sub-section (4), for the wor ds “possession of the attached property”, the following shall be substituted, namely:— “possession of the property attached under section 5 or frozen under sub-section (1A) of section 17, in such manner as may be prescribed: Provided that if it is not pract icable to take possession of a property frozen under sub-section (1A) of s ection 17, the order of confiscation shall have the sa me effect as if the property had been taken possession of.”; (iv) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:— “(5) Where on conclusion of a trial of an offence under this Act, the Special Court finds that the offence of money-laundering has been committed, it, sha ll or der tha t such pr operty involved in t he money-laundering or which has been used for commission of the offence of money-laundering shall stand confiscated to the Central Government. . . (6) Wher e on conclusion of a trial u nder this Act, the Special C ourt finds that the offence of money-laundering has not taken place or the property is not involved in money-laundering, it shall or der release of such property to the person entitled to receive it. (7) Where the trial under this Act cannot be conducted b y reason of the death of the accused or the accused being declared a proclaimed- 4 - Ex-439/2013 Amendment of section 8. offender or for any other r eason or having commenced but could not be concluded, the Special Cour t shall, on an application moved by the Director or a person claiming to be entitled to possession of a property in respect of which an or der has been passed under sub-section(3) of section 8, pass appr opriate orders regarding confiscation or release of the property, as the case ma y be, involved in the offence of money-laundering after having regard to t he material before it.”. 7.In section 9 of the principal Act,— (i) in the opening portion, for the words, brackets and figures “sub-section (6) of section 8”, the words, brackets, figures and letter “sub-section (5) or sub- section (7) of section 8 or section 58B or sub-section (2A) of section 60” shall be substituted; (ii) in t he first proviso,— (a) for the words “Adjudicating Authority”, the words “Special Court or the Adjudicating Author ity, as the ca se may be,” sha ll be substituted; (b) after the words “or seized”, the words “or frozen” shall be inserted. 8.In section 10 of the principal Act, in s ub-section (2), for the words, bra ckets and figures “sub-section (6) of section 8”, the words, br ackets, figures and letters “sub-section (5) or sub-section (6) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60" sha ll be substituted. 9.For section 12 of the principal Act, the following section shall be substituted, namely:— “12. (1) Every reporting entity shall— (a) maintain a record of all transactions, including information relating to transact ions covered under clause (b), in such manner as to enable it to reconstruct individual tr ansactions; (b) furnish to the Director within such time as may be prescribed, information relating to such transactions, whether attempted or executed, the nature and value of which may be prescribed; (c) verify the identity of its clients in such manner and subject to s uch conditions, as may be prescribed; (d) identify the beneficia l owner, if any, of s uch of its clients, as ma y be p rescribed; (e) maintain record of documents evidencing identity of its. clients and beneficial owners as well as account files and business corr espondence relating to its clients. (2 ) Every infor ma tion maintained, furnished or verified, save as otherwise pr ovided under a ny law for the time being in force, shall be kept confidential. (3) The records referr ed to in clause (a) of sub-section (1) shall be maintained for a period of five years from the date of transact ion bet ween a client a nd the reporting entity. (4) The records referred to in clause (e) of sub-section (1) shall be maintained for a period of five yea rs after the bu siness r elationship between a client and the reporting entity has ended or the account has been closed, whichever is later.- 5 -Ex-439/2013 Amendment of section 9. Amendment of section 10. Substitution of new section for section 12. Reporting en- tity to main- tain records. (5) The Central Government may, by notification, exempt any reporting entity or class of reporting entities from any obligation under this Chapter.”. 10. After section 12 of the principa l Act, the following section shall be inser ted, namely:— “12A. (1) T he Director may call for from any reporting entity any of the records referred to in sub-section (1) of section 12 and any additional information as he consider s necessary for the pu rposes of this Act. (2) Every reporting entity shall furnish to the Director such information as may be required by him under sub-section (1 ) within such time and in such manner as he may specify. (3) Save as otherwise provided under any law for the time being in force, every information sought by the Dir ector under sub-section (1), shall be kept confidentia l.”. 11. In section 13 of the principal Act,— (i) in sub-s ection (1), for the words, bra ckets and figur es “call for records referred to in sub-section (1) of section 12 and ma y make such inquiry or cause such inquiry to be made, as he thinks fit”, the words “ make such inquiry or cause such inquiry to be made, as he thinks fit to be necessary, with regard to the obligations of the r eporting entity, under this Chapter” shall be substituted; (ii) after sub-section (1), the following sub-s ections shall be inserted, namely:— “(1A) If at any sta ge of inquiry or any other proceedings before him, the Director having regard to the nature and complexity of the case, is of the opinion that it is necessary to do so, he may direct the concerned reporting entity to get its records, as may be specified, audited by an accountant from amongst a panel of accountants, maintained by the Central Government for this purpose.(IB) The expenses of, a nd incidental to, any audit under sub-section (1A) shall be borne by the Central Government.”; (iii) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) If the Director, in the course of any inquiry, finds that a reporting entity or its designated director on the Board or any of its employees has failed to comply with the obligations under this Chapter, then, without prejudice to any ot her act ion tha t may be taken under a ny other provisions of t his Act, he may— (a) issue a warning in writing; or (b) direct such reporting entity or its designated director on the Board or any of its employees, to comply with specific instructions; or (c) direct such reporting entity or its designated director on the Board or any of its employees, to send reports a t such interva l as may be prescribed on the measures it is taking; or (d) by an order, impos e a monetary penalty on such repor ting entity or its designated director on the Board or any of its employees, which shall not be less than ten thousand rupees but ma y extend to one la kh ru pees for each failur e.”; Insertion of new section 12 A. Access to information. Amendment of section 13.- 6 - Ex-439/2013 (iv) after sub-section (3), the following Explanation shall be inserted, namely:— “Explanation. —For the purpose of this section, “accountant” shall mean a chartered accountant within the meaning of the Chartered Accountants Act, 1949.”. 12. For section 14 of the principal Act, the following section shall be substituted, namely:— “14. Save as otherwise provided in section 13, the reporting entity, its directors and employees shall not be liable to any civil or criminal proceedings against them for fu rnishing informa tion under clause (b) of sub-section (1) of section 12.”. 13. For section 15 of the principal Act, the following section shall be substituted, namely:— “15. The Central Government may, in consultation wit h the Reserve Bank of India, prescribe the procedure and the manner of maintaining and furnishing information by a reporting entity under sub-section (1) of section 12 for the purpose of implementing the provisions of this Act.”. 14. In section 17 of the principal Act,— (i) in sub-section (l),— (a) in cla use (iii), after the word “money-laundering,”, the word “or” shall be inserted; (b) after clause (iii), the following clause shall be inserted, namely:— “(iv) is in possession of any property related to crime,”; (c) in clause (d), after the words “such record or”, the words “property, if r equired or” shall be inserted; (d) for the proviso, the following proviso sha ll be substituted, na mely:— “Provided that no search shall be conducted unless, in relation to the schedu led offence, a r eport has been forwar ded t o a Ma gistra te under section 157 of the Code of Criminal Procedure, 1973, or a complaint has been filed by a person, authorised to investigate the offence mentioned in the Schedule, before a Ma gistrate or court for taking cognizance of the scheduled offence, as the case may be, or in cases where such repor t is not required to be forwarded, a similar report of infor mation received or otherwise ha s been submitted by an officer a uthor ised to investiga te a scheduled offence to an officer not below the ra nk of Additiona l Secretary to the Government of India or equivalent being head of the office or Ministry or Department or Unit, as the ca se may be, or any other officer who may be authorised by the Central Government, by notification, for this purpose.”; (ii) after sub-section (1), the following sub-section shall be inserted, namely:— “ (1A) Wher e it is not pr acticable to seize such recor d or pr operty, the officer authorised under sub-section (1), may make an order to freeze such property whereupon the property shall not be tr ansferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned: 38 of 1949.- 7 -Ex-439/2013 Substitution of new section for section 14. Substitution of new section for section 15. Amendment of section 17. No civil or cri- m i nal pro ceed- ings agai n st r e - porting entity, its directors a nd employees in certain cases. Procedure and manner of furnishing information by reporting entities. 2 of 1974. Provided tha t if, at any time before its confiscation under sub-section(5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60, it becomes pr actical to seize a frozen property, the officer authorised under sub-section (1) may seize such property.”; (iii) in sub-section (2), after the words, “immediately after search and seizure” the words “or upon issuance of a freezing order” shall be inserted; (iv) for sub-section (4), the following sub-section shall be substituted, namely:— “(4) The authority seizing any record or property under sub-section (1) or freezing any recor d or property under sub-section (1A) shall, within a period of thirty days from such seizure or freezing, as the case may be, file an application, requesting for retention of such record or pr operty seized under sub-section (1) or for continua tion of t he order of fr eezing served under sub-section (1A), befor e the Adjudicating Authority.”. 15. In section 18 of the principal Act , in sub-section (1), for the proviso, the following pr oviso shall be substituted, namely:— “P rovided that no sear ch of any person shall be made unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 157 of the Code of Criminal Procedur e, 1973, or a complaint has been filed by a person, authorised to investigate the offence ment ioned in the Schedule, before a Ma gistr ate or cour t for ta king cognizance of the scheduled offence, as the case may be, or in cases where such report is not r equir ed to be forwar ded, a similar repor t of infor mation received or otherwise has been submitted by an officer authorised to investigate a scheduled offence to an officer not below the rank of Additional Secretary to the Government of India or equivalent being head of the office or Ministry or Department or Unit, as the case may be, or a ny other officer who may be authorised by the Central Government, by notification, for this purpose.”; 16. For sections 20 and 21 of the principal Act, the following sections shall be substituted, namely:— “20. (1) Where any property has been seized under section 17 or section 18 or frozen under sub-section (1A) of s ection 17 and the officer authorised by the Director in this behalf has, on the basis of material in his possession, reason to believe (the reason for such belief to be recorded by him in writing) that such property is requir ed to be retained for the pur poses of a djudication under section 8, such property may, if seized, be retained or if frozen, may continue t o remain frozen, for a period not exceeding one hundred and eighty days from the day on which such p roperty was seized or frozen, as the case may be. (2) The officer authorised by the Director shall, immediately a fter he ha s passed an order for retention or continua tion of freezing of t he property for purposes of adjudication under section 8, forwar d a cop y of the order along with the material in his possession, referred to in sub-section (1), to the Adjudica ting Authority, in a sealed envelope, in the manner as- 8 - Ex-439/2013 Amendment of section 18. 2 of 1974. Substitution of new sections for section 20 and section 21. Retention of property. may be prescribed and such Adjudicating Author ity sha ll keep such order and materia l for such period as may be prescribed. (3) On the expiry of the period specified in sub-section (1), the property sha ll be r eturned to the person from whom such property was seized or whose property was ordered to be frozen unless the Adjudica ting Authority permits retention or continuation of freezing of such property beyond the said period. (4) The Adjudicating Authority, before authorising the r etention or cont inuation of fr eezing of such property beyond the period specified in sub-section (1), shall satisfy himself that the property isprima facie involved in money-laundering and the property is required for the purposes of adjudication under section 8. (5) After passing the order of confiscation under sub-section (5) or sub-section (7) of section 8, the Court or the Adjudicating Authority, as the case ma y b e, sha ll dir ect the r eleas e of a ll proper ty other tha n t he property involved in money-laundering to the person from whom such property was seized or the persons entit led to receive it. (6) Wher e an order releasing the property ha s been made by the Cour t under sub-section (6) of section 8 or by the Adjudicating Authority under section 58B or sub-section (2A) of section 60, the Director or any officer authorised by him in this behalf may withhold the release of any such property for a period of ninety days from the date of such order, if he is of the opinion that such property is r elevant for the appeal proceedings under this Act. 21. (1) Where any records have been seized, u nder section 17 or section 18 or frozen under sub-section (IA) of section 17 and the Investigating Officer or any other officer authorised by the Director in this behalf has reason to believe tha t any of such r ecords are required to be retained for any inquir y under this Act, such records may if seized, be r etained or if fr ozen, ma y continue to remain frozen, for a period not exceeding one hundred and eighty days fr om the day on which such records were seized or frozen, a s the case may be. (2) The person, from whom r ecords seized or frozen, shall be entitled to obtain copies of records. (3) On the expiry of the period specified under sub-section (1), the records shall be returned to the person from whom such records were seized or whose records were ordered to be frozen unless the Adjudica ting Author ity permits retention or continua tion of freezing of such r ecor ds beyond the said period. (4) The Adjudicating Authorit y, before authorising the retention or continua tion of freezing of such records beyond the period specified in sub-section (1), shall satisfy himself tha t the r ecords a re required for the purposes of adjudication under section 8. (5) After pa ssing of an order of confisca tion under sub-section (5) or sub-section (7) of section 8, the Adjudicating Authority shall direct the release of the records to the person from whom such records were seized. (6) Where an order releasing the records has been made by the Court under sub-section (6) of section 8 or by the Adjudicating Authority under section 58B or sub-section (2A) of section 60, the Director or any other officer authorised by him in this behalf may withhold the release of- 9 -Ex-439/2013 Retention of records. any such record for a period of ninety da ys from the date of such order, if he is of the opinion that such record is r elevant for the appeal proceedings under this Act.”. 17. In section 22 of the principal Act, in sub-section (1), after the words “a survey or a search,”, the words “or where any r ecord or property is produced by any person or has b een resumed or seized from the custody or control of any person or ha s been frozen u nder this Act or under any other law for the time being in force,” s hall b e inserted. 18. In section 23 of the principal Act , for the words and figure “under section 8, it shall, unless otherwise proved to the satisfaction of the Adjudicating Authority”, the words a nd figure “under section 8 or for the tria l of the money-laundering offence, it shall u nless otherwise proved to the satisfaction of the Adjudica ting Authority or the Special Court” shall be substituted. 19. For section 24 of the principal Act, the following section shall be substituted, namely:— “24. In any proceeding relating to proceeds of crime under this Act,—(a) in the case of a person charged with the offence of money- laundering under section 3, the Authority or Court shall, unless the contrary is proved, p resume that such proceeds of crime are involved in money- laundering; and (b) in the case of any other person the Authority or Court, may presume tha t such proceeds of cr ime are involved in money-la undering.”. 20. In section 26 of the principal Act , in sub-s ection (2), for the words “ba nking company, financial institution or intermediary”, the words “reporting entity” shall be substituted. 21. In section 44 of the principal Act, in sub-section (1),— (i) for clause (a) the following clause shall be substituted, namely:— “(a) a n offence punishable under section 4 and any scheduled offence connected to the offence under tha t section shall be triable by the Special Cour t constituted for the area in which the offence has been commit ted: Provided tha t the Special Cour t, tr ying a scheduled offence before the commencement of this Act, shall cont inue to t ry such scheduled offence; or”; (ii) in clause (b), for the wor ds “cognizance of the offence for which the accused is committed to it for.trial”, the words and figure “cognizance of offence under section 3, without the accused being committed to it for trial” shall be substituted; (iii) after clause (b), the following clauses sha ll be inserted, namely:— “(c) if the court which has taken cognizance of the scheduled offence is other tha n the Special Court which has taken cognizance of t he complaint of the offence of money-laundering under sub-clause (b), it shall, on an application by the authority authorised to file a compla int under this Act, commit the case relating t o the scheduled offence to the Specia l Court and the Special Court shall, on receipt of such case proceed to deal with it from the stage a t which it is commit ted.- 10 - Ex-439/2013 Amendment of section 22. Amendment of section 23. Amendment of section 24. Burden of Proof. Amendment of section 26. Amendment of section 44. (d) a Special C ourt while trying the scheduled offence or the offence of money-la undering shall hold tr ial in accorda nce with the pr ovisions of the Code of Criminal Procedure, 1973, as it applies to a trial before a Court of S ession.”. 22. In section 50 of the principal Act, in sub-section (1), in clause (b), for the words “banking company or a financial institution or a company, ”, the words “reporting entity” shall be substituted. 23. In section 54 of the principal Act,— (i) in the opening portion, for the word “officers”, the words “ officers and others” sha ll be substituted; (ii) for clause (d), the following clause shall be substituted, namely:— “(d) members of the recognised stock exchange referred to in clause (f) of section 2 and the officers of the stock excha nges recognised under section 4 of the Securit ies Contracts (Regulation) Act, 1956; (iii) after clause (h), the following clauses sha ll be inserted, namely:— “(ha) officers of the Ins urance Regulatory and Development Authority establis hed under section 3 of the Insurance Regula tory and Development Authority Act, 1999; (hb) officers of the For ward Mar kets Commission established under section 3 of the Forward C ontract s (Regulation) Act, 1952; (hc) officers a nd members of the recognised associa tion recognised under section 6 of the Forward Contracts (Regulation) Act, 1952; (hd) officers of the Pension Fund Regulatory and Development Authority; (he) officers of the Department of Posts in the Government of India; (hf) Registrars or Sub-Registrars appointed by the State Governments under section 6 of the Registration Act, 1908; (hg) registering authority empowered to register motor vehicles under Chapter IV of the M otor Vehicles Act, 1988; (hh) of fic ers and member s of t he Ins tit ute of C ha r ter ed Accountants of India cons tituted under section 3 of the Chartered Accountants Act, 1949; (hi) officers and members of the Institute of Cost and Works Accountants of India cons tituted under section 3 of the Cost and Works Accountants Act, 1959; . (hj) officers and members of the Institute of Company Secr eta ries of India constit uted under section 3 of the Compa ny Secretaries Act, 1980;”; (iv) in clause (J), for the words “banking compa nies”, the words “repor ting entities” shall be substituted.- 11 -Ex-439/2013 Amendment of section 50. Amendment of section 54. 2 of 1974. 42 of 1956. 41 of 1999. 74 of 1952. 74 of 1952. 16 of 1908. 59 of 1988. 38 of 1949. 23 of 1959. 56 of 1980. 24. After section 58, the following sections shall be inserted, namely:— “58A. Where on closure of the criminal case or conclusion of a trial in a criminal court outside India under the corresp onding law of any other country, such court finds that the offence of money-laundering has not taken place or the property in India is not involved in money-laundering, the Special Court may, on an a pplication moved by the concerned per son or the Dir ector, after notice to the other party, order release of such property to the person entitled to receive it. 58B. Where the tria l under the corr esponding law of any other cou ntry cannot be conducted by reason of the death of the accused or the accused being declared a proclaimed offender or for a ny other reason or ha ving commenced but could not b e concluded, t he Central Government shall, on receipt of a letter of request from a cour t or authority in a contracting State requesting for confisca tion or release of property, as the case may be, forward the same to the Director to move an application before the Special Court and upon such application the Special Court shall pa ss a ppr opriate orders r egarding confiscation or r elease of such property involved in the offence of money-laundering.”. 25. In section 60 of the principal Act,— (i) in sub-s ection (1), for the words and figures “property under section 5 or where an Adjudica ting Authority has made an order confir ming such attachment or confiscation of any property under section 8”, the words, figures, brackets and letter “property under section 5 or for freezing under sub-section(1A) of section 17 or where an Adjudicating Authority has made an order relating to a property under section 8 or where a Special Cour t has made an order of confiscation relating to a property under sub-section (5) or sub section (6) of section 8” shall be substituted; (ii) in sub-section (2),— (a) for the words “attachment or confiscation”, the words “attachment, seizur e, freezing or confisca tion” shall be substituted; (b) for the word and figur e “section 3”, the wor ds “a corresponding law” shall be substituted; (iii) after sub-section (2), the following sub-section shall be inserted, namely:— “(2A) Wher e on closure of the criminal case or conclusion of tria l in a cr iminal court outside India under the corresponding law of any other country, such cour t finds that the offence of money-la undering under the corr esponding law of that countr y has been committed, the Adjudica ting Authority shall, on receipt of an application from the Dir ector for execution of confiscation under sub-section (2), order, after giving notice to the affected persons, that such property involved in money-laundering or which has been used for commission of the offence of money-laundering stand confiscated to the C entral Government.”. 26. In section 6 3 of the principal Act, after sub-section (3), the following sub- section sha ll be inserted, namely:—. “(4) Notwithstanding anything contained in clause (c) of sub-section (2), a person who intentionally disobeys any direction issued under section 50- 12 - Ex-439/2013 Insertion of new sections 58A and 58B. Special Cou rt to release the property. Letter of re- quest of a con- tracting State or authority for confisca- tion or release the property. Amendment of section 60. Amendment of section 63. 45 of 1860. shall also be liable to be proceeded against under section 174 of the Indian Penal Code.”. 27. For section 69 of the principal Act, the following section shall be substituted, namely:— “69. Where any fine or penalty imposed on any person under section 13 or section 63 is not paid within six months from the day of imposition of fine or penalty, the Director or a ny other officer author ised by him in this behalf may proceed to recover the amount from the said person in the same manner as prescribed in S chedule II of the Income-tax Act, 1961 for the recovery of arrears and he or any officer author ised by him in this behalf shall have all the powers of the Tax Recovery Officer mentioned in the said Schedule for the said purpose.”. 28. In s ection 70 of the principal Act, theExplanation shall be numbered as Explanation 1 thereof and after Explanation 1 as so numbered, t he following Explanation shall be inserted, namely:— “Explanation 2. —For the removal of doubts, it is hereby clarified that a company may be prosecuted, notwithstanding whether the pr osecution or conviction of any legal juridical person shall be contingent on the prosecution or convict ion of any individua l.”. 29. In section 73 of the principal Act, in sub-section (2),— (i) after clause (a), the following clause shall be inserted, namely:— “(aa ) the manner of provisional a ttachment of property under sub- section (l) of section 5;”; (ii) after clause (e), the following clause shall b e inserted, namely:— “(ee) the ma nner of seizing or taking possession of property atta ched under section 5 or frozen under sub-section (1A) of s ection 17 or under sub-section (4) of section 8;”; (iii) clause (h) shall be omit ted; (iv) in clause (i), for the words “the time within which”, the words “the nature and value of transactions and the time within which” shall be substituted; (v) for cla use (j), the following clauses shall be substituted, namely:— “(j) the manner and the conditions in which identity of clients sha ll be verified by the reporting entities under clause (c) of sub-section (1) of section 12; (jj) the manner of identifying beneficial owner, if any, from the clients by t he repor ting entities under clause (d) of sub-section (1) of section 12; (jjj) the period of interval in which the reports are sent by the reporting ent it i es or a ny o f it s emp lo yees u nder c la u s e (c) o f s u b -s ect i on (2 ) of s ect ion 13;”; (vi) after clause (p), the following clause shall b e inserted, namely:— “(pp) the manner in which the for warding of the order for retention or continua tion of freezing of the property and the per iod of keeping such order and material under sub-section (2 ) of section 20;”; 30. In the Schedule to the principal Act,— (i) for Par t A, the following Par t shall be substituted, namely:—- 13 -Ex-439/2013 Substitution of new section for section 69. Recovery of fine or penalty. Amendment of section 70. Amendment of section 73. 43 of 1961. Amendment of the Schedule. - 14 - Ex-439/2013 “PART A PAR AGR AP H 1 OFFENCESUNDERTHE INDIAN PENAL CODE (45OF 1860) SectionDescription of offence120BCriminal conspiracy. 121Waging or attempting to wage war or abetting waging of war, against the Government of India. 121AConspiracy to commit offences punishable by section 121 against the State. 255Counterfeiting Government stamp. 257Making or selling instrument for counterfeiting Government stamp. 258Sale of cou nterfeit Government stamp. 259Having possession of counterfeit Government stamp. 260Using as genuine a Government stamp known to be counterfeit. 302Murder. 304Punishment for culpable homicide not amounting to mur der. 307Attempt to murder. 308Attempt to commit culpable homicide. 327Voluntarily causing hurt to extort property, or to constrain to an illegal act. 329Voluntarily causing grievous hurt to ext ort property, or to constrain to an illegal act. 364AKidnapping for ra nsom, etc. 384 to 389 Offences relating to extortion. 392 to 402 Offences relating to robbery and dacoity. 411Dishonestly receiving stolen property. 412Dishonestly receiving property stolen in the commission of a dacoity. 413Habitually dealing in stolen property. 414Assisting in concealment of stolen property. 417Punishment for cheating. 418Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect. 419Punishment for cheating by personation. 420Cheating and dishonestly inducing delivery of property. 421Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. 422Dishonestly or fraudulently preventing debt being available for creditors. 423Dishonest or fraudulent execution of deed of transfer conta ining false statement of consideration. 424Dishonest or fraudulent removal or concealment of property. 467Forgery of valuable security, will, etc. 471Using as genuine a forged document or electronic record. 472 and 473 Making or possessing counterfeit seal, etc., with intent to commit forgery. 475 and 476 Counterfeit ing device or mark. 481Using a false property mark. 482Punishment for using a fa lse property mark. 483Counterfeiting a property mark used by another. 484Counterfeiting a mar k used by a public servant. 485Making or possession of any instr ument for counterfeiting a property mark. 486Selling goods marked with a counterfeit pr operty mark. 487Making a fa lse mar k upon any receptacle containing goods. 488Punishment for making use of any such false mark. 489ACounterfeit ing cur rency notes or bank notes. 489BUsing as genuine, forged or counterfeit cu rrency notes or bank notes. - 15 -Ex-439/2013 PAR AGR AP H 2 OFFENCESUNDERTHE NARCOTIC DRUGSAND PSYCHOTROPI C SUBSTANCES ACT, 1985 (61OF 1985) SectionDescription of offence15Contravention in relation to poppy straw. 16Contravention in r elation to coca plant and coca leaves. 17Contravention in relation to prepared opium. 18Contravention in relation to opium poppy and opium. 19Embezzlement of op ium by cultiva tor. 20Contravention in r elation to cannabis plant and canna bis. 21Contravention in r elation to manufactured drugs and pr eparations. 22Contravention in relation to psychotropic substances. 23Illegal import into India, export from India to transhipment of narcotic drugs and psychotr opic substances. 24External dealings in narcotic drugs and psychot ropic s ubstances in contravention of section 12 of the Narcotic Drugs and Psychotr opic Substances Act, 1985. 25AContra vent ion of or ders made under section 9 A of the Na rcotic Drugs and Psychotr opic Substances Act, 1985. 27AFina ncing illicit traffic and har bouring offenders. 29Abetment and criminal conspir acy. PAR AGR AP H 3 OFFENCESUNDERTHE EXPLOSIVE SUBSTANCES ACT, 1908 (6OF 1908) SectionDescription of offence3Causing explosion likely to endanger life or property. 4Attempt to cause explosion, or for making or keeping explosives with intent to endanger life or property. 5Making or possessing explosives under suspicious circumstances. PAR AGR AP H 4 OFFENCESUNDERTHE UNLAWF UL ACTIVITIES (PREVENTION) ACT, 1967 (37OF 1967) SectionDescription of offence10 read with sect ion 3 Penalty for being member of an unlawful association, etc. 11 r ead with section 3 Penalty for dealing with funds of an unlawful a ssociation, 13 r ead wit h section 3 Punishment for unlawful activit ies. 16 read with section 15 Punishment for terrorist act. 16APunishment for making demands of radioa ctive substances, nuclear devices, etc. 17Punishment for raising fund for terrorist act. 18Punishment for conspiracy, etc. 18APunishment for orga nising of terrorist ca mps. 18BPunishment for recr uiting of any person or persons for terrorist act. 19Punishment for harbouring, etc. 20Punishment for being member of terr orist gang or organisation. 21Punishment for holding proceeds of terror ism. 38Offence relating to membership of a terr orist or ganisation. 39Offence relating to support given to a terrorist organisation. 40Offence of raising fund for a terr orist organisation. - 16 - Ex-439/2013 PAR AGR AP H 5 OFFENCESUNDERTHE ARMS ACT, 1959 (54OF 1959) SectionDescription of offence25To manufacture, sell, tra nsfer, convert, repair or test or pr ove or expose or offer for sale or transfer or have in his possession for sale, tr ansfer, conver sion, r epair, test or proof, any arms or ammunition to cont ravention of section 5 of the Arms Act, 1959. To a cquir e, have in possession or car ry a ny pr ohibited ar ms or prohibit ed ammunit ion in contravention of section 7 of the Arms Act, 1959. Contravention of section 24Aof the Arms Act, 1959 relating to prohibition a s to possession of notified arms in disturbed areas, etc. Contr avention of section24B of theArms Act, 1959 r elating to prohibition as to carrying of not ified arms in or through public places in disturbed ar eas. Other offences specified in section 25. 26To do any act in contravention of any provisions of section 3,4, 10 or section 12 of the Arms Act, 1959 in such manner as specified in sub-section(1) of section 26 of the said Act. To do any a ct in contravention of any provisions of section 5 , 6, 7 or section 11 of the Arms Act, 1959 in such manner as specified in sub-section (2) of section 26 of the said Act. Other offences specified in section 26. 27Use of arms or ammunition in contr avention of section 5 or use of any ar ms or a mmunition in cont ravention of section 7 of the Arms Act, 1959. 28Use and possession of fir e arms or imita tion fire arms in certain ca ses. 29Knowingly p urchasing arms from unlicensed person or for delivering arms, etc., to person not entitled to posses s the s ame. 30Contravention of any condition of a licence or a ny provisions of the Arms Act, 1959 or any rule ma de ther eu nder. PAR AGR AP H 6 OFFENCESUNDERTHE WILD LIFE (PROTECTION) ACT, 1972 (53OF 1972) SectionDescription of offence51 read withHunting of wild animals, section 9 51 read withContravention of pr ovisions of section 1 7 A relating to prohibition section 17Aof picking, uprooting, etc., of specified pla nts. 51 read withContravention of pr ovisions of section 39 relating to wild animals, section 39etc. , to be Government property. 51 read withContravention of provisions of section 44 relating to dealings in section 44trophy and animal a rticles without licence prohibited. 51 read withContravention of provisions of section 48 relating to purchase of animal, etc., by licensee. section 48 51 read withContravention of pr ovisions of section 49B relating to prohibition section 49Bof dealings in trophies, a nimals articles, etc. , derived from scheduled animals. PAR AGR AP H 7 OFFENCESUNDERTHE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 (104OF 1956) SectionDescription of offence5Procuring, inducing or taking person for the sa ke of pr ostitution. 6Deta ining a person in premises where pr ostitution is carried on. - 17 -Ex-439/2013 8Seducing or soliciting for purpose of pr ostitution. 9Seduction of a person in custody. PAR AGR AP H 8 OFFENCESUNDERTHE PREVENTIONOF CORRUPTION ACT, 1988 (49OF 1988) SectionDescription of offence7Public servant taking gratification other than legal remuneration in respect of an official act. 8Taking gratification in or der, by corrupt or illegal means, to influence public servant. 9Taking gratification for exercise of personal influence with public servant. 10Abetment by public servant of offences defined in section 8 or section 9 of the Pr evention of Corruption Act, 1988. 13Criminal misconduct by a public servant. PAR AGR AP H 9 OFFENCESUNDERTHE EXPLOSIVES ACT, 1884 (4OF 1884) SectionDescription of offence9BPunishment for certa in offences. 9COffences by companies. PARAGRAPH 10 OFFENCESUNDERTHE ANTIQUITIESAND ARTS TREASURES ACT, 1972 (52OF 1972) SectionDescription of offence25 read withContravention of exp ort trade in a ntiquities and ar t treasur es. section 3 28Offences by companies. PARAGRAPH 11 OFFENCESUNDERTHE SECURI TIESAND EXCHANGE BOARDOF INDIA ACT, 1992 (15OF 1992) SectionDescription of offence12A read withProhibition of manipulative and deceptive devices, insider trading and substantial. section 24 24Acquisition of securities or cont rol. PARAGRAPH 12 OFFENCESUNDERTHE CUSTOMS ACT, 1962 (52OF 1962) SectionDescription of offence135Evasion of duty or prohibitions. PARAGRAPH 13 OFFENCESUNDERTHE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 (19OF 1976) SectionDescription of offence16Punishment for enforcement of bonded labour. 18Punishment for ext racting bonded labour under the bonded labour system. 20Abetment to be an offence. - 18 - Ex-439/2013 PARAGRAPH 14 OFFENCESUNDERTHE CHILD LABOUR (PROHIBITIONAND REGULATION) ACT, 1986 (61OF 1986) Section Description of offence14Punishment for employment of any child to work in contravention of the provisions of section 3. PARAGRAPH 15 OFFENCESUNDERTHE TRANSPLANTATIONOF HUMAN ORGANS ACT, 1994 (42OF 1994) SectionDescription of offence18Punishment for removal of human organ without author ity. 19Punishment for commercial dealings in human organs. 20Punishment for contravention of a ny other provisions of this Act. PARAGRAPH 16 OFFENCESUNDERTHE JUVENILE JUSTICE (CAREAND PROTECTIONOF CHILDREN) ACT, 2000 (56OF 2000) SectionDescription of offence23Punishment for cruelty to juvenile or child. 24Employment of juvenile or child for begging. 25Penalty for giving intoxicating liquor or nar cotic drug or psychotropic substance to juvenile or child. 26Exploitation of juvenile or child employee. PARAGRAPH 17 OFFENCESUNDERTHE EMIGRATION ACT, 1983 (31OF 1983) SectionDescription of offence24Offences and penalties. PARAGRAPH 18 OFFENCESUNDERTHE PASSPORTS ACT, 1967 (15OF 1967) SectionDescription of offence12Offences and penalties. PARAGRAPH 19 OFFENCESUNDERTHE FOREIGNERS ACT, 1946 (31OF 1946) SectionDescription of offence14Penalty for contra vention of pr ovisions of the Act, etc. 14BPenalty for using forged passport. 14CPenalty for abetment. PARAGRAPH 20 OFFENCESUNDERTHE COPYRIGHT ACT, 1957 (14OF 1957) SectionDescription of offence63Offence of infringement of copyright or other rights conferred by this Act. 63AEnha nced penalty on second and subsequent convictions. - 19 -Ex-439/2013 63BKnowing use of infr inging copy of computer progra mme. 68APenalty for contra vention of section 52 A. PARAGRAPH 21 OFFENCESUNDERTHE TRADE MARKS ACT, 1999 (47OF 1999) SectionDescription of offence103Penalty for applying false trade marks, trade descriptions, etc. 104Penalty for selling goods or providing services to which false trade mark or false trade description is applied. 105Enha nced penalty on second or subsequent convict ion. 107Penalty for falsely representing a trade mark as registered. 120Punishment of abetment in India of acts done out of India. PARAGRAPH 22 OFFENCESUNDERTHE INFORMATION TECHNOLOGY ACT, 2000 (21OF 2000) SectionDescription of offence72Penalty for breach of confidentiality and privacy. 75Act to apply for offence or contr avention committed outside India. PARAGRAPH 23 OFFENCESUNDERTHE BIOLOGICAL DIVERSITY ACT, 2002 (18OF 2003) SectionDescription of offence55 read with section 6.Penalties for contr avention of section 6, etc. PARAGRAPH 24 OFFENCESUNDERTHE PROTECTIONOF PLANT VARIETIESAND FARMERS’ RIGHTS ACT, 2001 (53OF 2001) SectionDescription of offence70 read with section 68Penalty for applying false denomination, etc. 71 read with section 68Penalty for selling varieties to which false denomination is applied, 72 read with section 68Penalty for falsely representing a variety as registered, 73 read with section 68Penalty for subsequent offence. PARAGRAPH 25 OFFENCESUNDERTHE ENVIRONMENT PROTECTION ACT, 1986 (29OF 1986) SectionDescription of offence15 r ea d wit h section 7 Penalty for discharging environmental pollutants, etc., in excess of prescribed standards. 15 r ead with section 8 Penalty for handling hazar dous substances without complying with procedural safeguards. PARAGRAPH 26 OFFENCESUNDERTHE WATER (PREVENTIONAND CONTROLOF POLLUTION) ACT, 1974 (6OF 1974) SectionDescription of offence41(2)Penalty for pollution of str eam or well. 43Penalty for contravention of provisions of section 24. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500- 20 - Ex-439/2013 PARAGRAPH 27 OFFENCESUNDERTHE AIR (PREVENTIONAND CONTROLOF POLLUTION) ACT, 1981 ( 14OF 1981) SectionDescription of offence37Failure to comply with the provisions for operating indus trial plant. PARAGRAPH 28 OFFENCESUNDERTHE SUPPRESSIONOF UNLAWF UL ACTS AGAINST SAFETYOF MARITIME NAVIGATIONAND FIXED PLATF ORMSON CONTINENTAL SHELF ACT,2002 (69OF 2002) SectionDescription of offence3Offences against ship, fix ed platform, ca rgo of a ship, maritime navigational facilities, etc.”;(ii) in Part B, paragraphs 1 to 25 shall be omitted; (iii) in P art C, serial number (2) and the entries relating thereto shall be omit ted.The Unlawful Activities (Prevention) Amendment Act, 2012 (Act No. 3 of 2013)
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Unlawfu l Activities (Prevention) Amendment Act, 2012 (Act No. 3 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT, 2012 The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 440RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page AN ACTfurther to a mend the Unlawful Activities (Prevention) Act, 1967. BE it enacted by Parliament in the S ixty-third Year of the Republic of India as follows:— 1.(1) This Act may be called the Unlawful Activities (Prevention) Amendment Act, 2012. (2) It shall come into force on such date as the Centr al Government may, by notification in the Official Gazette, appoint. 2.In section 2 of the Unlawful Activities (Prevention) Act , 1967 (hereinafter referred to as the principal Act),— (i) clause (ea) shall be renumbered as clause (eb) and before clause (eb) as so renumbered, the following clause shall be inserted, namely:— ‘ (ea) “economic s ecurity” includes fina ncial, monetary and fiscal stability, security of means of production and distribution, food security, livelihood security, energy security, ecological and envir onmental securit y;’; (ii) after cla use (eb) as s o renumbered, the following cla use shall be inserted, namely:—Short title and com- mencement Amendment of section 2. 37 of 1967. -- - 2 - Ex-440/2013(ec) “person” includes— (i) an individual, (ii) a company, (iii) a firm, (iv) an organisa tion or an association of persons or a body of individuals, whether incorporated or not, (v) every artificial juridical person, not falling within any of the preceding sub-clauses, and (vi) any agency, office or branch owned or contr olled by any person falling wit hin any of the preceding sub-clauses;’; (iii) for clause (g), the following clause shall be substituted, namely:— ‘(g) “proceeds of terrorism” means,— (i) all kinds of p roperties which have been derived or obta ined from commission of any terrorist act or have been acquired thr ough funds tracea ble to a terrorist act , irrespective of person in whose name such proceeds are standing or in whose possession they are found; or (ii) any property which is being used, or is intended to be used, for a terrorist act or for the purpose of an individual terrorist or a terr orist gang or a terrorist or ganisation. Expla na tion. —F or the p ur poses of this Act, it is hereby declar ed that the expression “proceeds of terrorism” includes a ny property intended to be used for terrorism;’; (iv) in clause (h), for the words “instruments in any form including”, the words “instr uments in any form including but not limit ed to” shall be substituted. 3.In section 6 of the principal Act , in sub-section (1), for the words “two year s”, the words “ five years” shall be substituted. 4.Section 15 of the principal Act shall be renumbered as sub-section (1) thereof and in sub-section (1) as so r enumbered,— (i) in the opening portion, after the word “security”, the words “, economic security,” shall be inserted; (ii) in cla use (a), after sub-clause (iii), the following sub-clause shall be inserted, namely:— “(iiia) dama ge to, the monetary stability of India by wa y of pr oduction or smuggling or circulation of high qu alit y counterfeit Indian paper currency, coin or of any other material; or”; (iii) in clause (c), for the words “any other person to do or abstain from doing any act ,”, the words “an international or inter-governmental orga nisation or any other person to do or absta in from doing a ny act; or” shall be substituted; (iv) for the Explanation, the following Explanation shall be substituted, namely:— ‘Explanation.—For the purpose of this sub-section,— (a) “public functionar y” means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary; (b) “high quality counterfeit Indian currency” means the Amendment of section 6. Amendment of section 15. counterfeit currency as may be declared after examination by an authorised or notified forensic authority that such currency imitates or compromises with the key secur ity fea tures a s specified in the Third Schedule.’; (v) after sub-section (1), the following sub-s ection shall be inserted, namely:— “(2) T he terr orist a ct includes an act which constitutes an offence within the scope of, and as defined in any of t he treaties specified in the S econd Schedule.”. 5.Section 16A of the principal Act shall be omitted. 6.For section 17 of the principal Act, the following section shall be substituted, namely:— “17. Whoever, in India or in a foreign country, directly or indirectly, raises or provides funds or collects funds, whether fr om a legitimate or illegitimate source, from a ny person or persons or attempts to pr ovide to, or raises or collects funds for any person or persons, knowing tha t such funds are likely to be us ed, in full or in part by such person or persons or by a terr orist organisa tion or by a terrorist gang or by an individual terrorist to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five yea rs but which may extend to impr isonment for life, and shall also be liable to fine.Explanation. —For the purpose of this section,— (a) participating, organising or directing in any of the acts stated therein sha ll constitute an offence; (b) raising funds shall include raising or collecting or providing funds through production or smuggling or circulation of high qua lity counterfeit Indian currency; and (c) raising or collecting or providing funds, in any manner for the benefit of, or, to an individual terr orist, terrorist gang or terrorist orga nisation for the purpose not s pecifically covered under section 15 shall also be construed as an offence.”. 7.After section 22 of the principal Act, the following sections shall be inserted, namely:— ‘22A. (1) Where an offence under this Act has been committed by a company, every person (including promoters of the company) who, at the time the offence was committed, was in charge of, and was resp onsible to, the company for the conduct of the business of t he company, as well as the company, sha ll be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided tha t nothing conta ined in this sub-section shall render any such person (including promoters) liable to any punishment provided in this Act , if he proves tha t the offence was committed without his knowledge or that he had exercised reasonable car e to prevent the commission of such offenc e. (2) Notwithstanding anything contained in sub-section (1), wher e an offence under this Act ha s been committed by a company and it is pr oved that the offence ha s been committed with the consent or connivance of, or- 3 -Ex-440/2013 Omission of section 16A. Substitution of new section for section 17. Punishment for raising funds for terrorist act. Insertion of new sections 22A, 22B and 22C. Offences by companies. is attributable to, any neglect on the part of, any promoter, director, manager, secretary or other officer of the company, such promoter, director, manager, secr etary or other officer shall a lso be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Explanation. —For the pu rposes of this section,— (a) “company” means any body corpora te and includes a fir m or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. 22B. (/) Where an offence under this Act has been committed b y a society or trust, every person (including the promoter of society or settlor of the trust) who at the time the offence was commit ted was in cha rge of, and was responsible to, the society or trust for the conduct of the business of the society or the trust, a s well a s the society or trust, shall be deemed to be guilty of the offence and sha ll be liable to be proceeded against and punished accordingly: Provided tha t nothing conta ined in this sub-section shall render any such person liable to any punishment provided in this Act , if he proves that the offence was committed without his knowledge or that he exercised reasonable care to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (I), where any offence under this Act has been committed by a society or trust and it is proved that the offence ha s been committed with the consent or connivance of, or is attributable to, any neglect on the part of any promoter, director, mana ger, secretary, trustee or other officer of the society or trust, such promoter, director, manager, secretary, trustee or other officer shall also be deemed to be guilt y of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. — For the purpose of this section,— (a) “society” means any body cor porate registered under the Societies Registration Act, 1860 or any other State Act governing the registration of societies; (b) “trust” means a ny body registered under the Indian Trusts Act, 1882 or any other State Act governing the registration of trusts; (c) “direct or ”, in relation to a society or tru st, mea ns a member of its governing board other than an ex officio member repres enting t he inter ests of t he Central or State Government or the appropriate statutory author ity. 22C. Where any offence under the Act ha s been committed by a company or a society or a trust, a s the ca se may be, ever y person (including promoter of company or trust or settlor of the tr ust) who at the time of the offence was either in char ge or responsible for the conduct of the business shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable with fine which sha ll not be less than five cror e rupees and which may extend to ten crore rupees.’. 8.In section 23 of the principal Act, in sub-section (/), for the words “chemical substance of warfar e, he shall”, the words “chemical substance of warfar e or high quality counterfeit Indian currency, he shall” sha ll be substituted. 9.In CHAPTER V of the principal Act, in the heading thereof, after the word “TERRORISM”, the words “OR ANY PROPERTY INTENDED TO BE USED FOR TERRORISM” shall be inserted. Offences by societies or trusts. Punishment for offences by companies, societies or trusts. Amendment of section 23.- 4 - Ex-440/2013 Amendment of heading of C h a p t e r V.21 of 1860. 2 of 1882. 10. For section 24 of the principal Act, the following sections shall be substituted, namely:— 24. In this Chapter, unless the context otherwise requires, all references to “proceeds of terror ism” shall include any property intended to be used for terror ism. 24A. (1) No person shall hold or be in possession of any proceeds of terrorism. (2) Proceeds of terrorism, whether held by a terrorist organisa tion or terrorist gang or by any other person and whether or not such terrorist or other person is prosecuted or convict ed for any offence under Cha pter IV or Chapter VI, shall be liable to be forfeited to the Centra l Government or the Sta te Government, a s the case ma y be, in the ma nner pr ovided under this Cha pter. (3) Where pr oceedings have been commenced under this section, the court ma y pass an order directing attachment or forfeiture, as the case may be, of p roperty equivalent to, or, the value of the pr oceeds of terrorism invloved in the offence.’. 11. In section 3 3 of the principal Act, after sub-section (2), the following sub- sections shall be inserted, namely:— “(3) Where any person is accused of an offence concerning high quality counterfeit Indian currency, the court may pass an order directing atta chment or forfeiture, as the case may be, of property equivalent to the value of such high quality counterfeit Indian currency involved in the offence including the face value of such currency which are not defined to b e of high quality, but a re part of the common seizure along with the high qua lity counterfeit India n currency. (4) Where a person is accused of an offence punishable under Chapter IV or Chapter VI, the court may pass an or der directing a ttachment or forfeiture, as the case may be, of property equiva lent to or the value of the proceeds of terrorism involved in the offence. (5) Where any person is a ccused of an offence under Chapter IV or Chapter VI, it shall be open to the court to pass an order that a ll or any of the property, movable or immovable or both, belonging t o him shall, where the trial under the Act ca nnot be concluded on account of the death of the accused or being declared a proclaimed offender or for any ot her reason, be confiscated on the basis of material evidence produced before the court.”. 12. In section 35 of the principal Act,—(a) in sub-section (1),— (i) for the word “order”, the word “notification” shall be substituted; (ii) for the word “ Schedule”, wherever it occurs, the wor ds “ First Schedule” shall be substituted; (b) after sub-section (5), the following sub-sections shall be inserted, namely:— “(4) T he Centra l Government ma y, by not ification in the Official Gazette, add to or remove or amend the Second Schedule or T hird Schedule and thereupon the Second Schedule or the Thir d Schedule, as the case may be, shall be deemed to have been amended accordingly.Forfeiture of proceeds of terrorism. Amendment of section 33. Amendment of section 35. - 5 -Ex-440/2013 Reference to pro- ceeds of terrorism to include property intended to be used for terrorism.Substitution of new sections for section 24. (5) Every notification issued under sub-section (1) or sub-section(4) s ha ll, a s s o on a s ma y b e a ft er it is is s u ed , b e la id b efo r e P a r l ia ment . ” . 13. In section 40 of the principal Act , in sub-section (1), for Explanation, the following Explanation shall be substituted, namely:— “Explanation. —For the pur poses of this s ub-sect ion, a referenc e to provide money or other property includes— (a) of its being given, lent or otherwise made available, whether or not for consideration; or (b) raising, collecting or providing funds through production or smuggling or circu lation of high qualit y counterfeit Indian currency.”. 14. In t he principal Act, the existing Schedule shall be renumbered as the First Schedule thereof, and aft er the First S chedule as so renumbered, the following Schedules shall be inserted, namely: - “THE SECOND SCHEDULE [See section 15(2)] (i)Convention for the Suppression of Unlawful Seizure of Aircraft (1970); (ii) Convention for the Suppress ion of Unlawful Acts against the Safet y of Civil Aviation (1971); (iii) Convention on the Prevention and Punishment of C rimes against Internationally Pr otected Persons, including Diploma tic Agents (1973); (iv) International Convention against the Taking of Hosta ges (1979); (v) Convention on the Physica l Protection of Nuclea r Material (1980); (vi) Pr otocol for the Suppr ess ion of Unla wfu l Act s of Violence a t Air por ts Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1988); (vii) Convention for the Suppr ession of Unlawfu l Acts a gainst the sa fety of Maritime Navigation (1988); (viii) Protocol for the Suppression of Unlawful Acts a gainst the Safety of F ixed Platforms located on the Continenta l Shelf (1988); and (ix) International Convention for the Suppression of Terrorist Bombings (1997). THE THIRD SCHEDULE [See clause (b) of Explanation to section 15(1)] Security features t o define high quaiity counterfeit Indian cur rency notes (a) water mark; (b) latent image; and (c ) see through registration in the currency notes.”. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Amendment of section 40. Amendment of Schedule.- 6 - Ex-440/2013
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Unlawfu l Activities (Prevention) Amendment Act, 2012 (Act No. 3 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT, 2012 The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 440RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page AN ACTfurther to a mend the Unlawful Activities (Prevention) Act, 1967. BE it enacted by Parliament in the S ixty-third Year of the Republic of India as follows:— 1.(1) This Act may be called the Unlawful Activities (Prevention) Amendment Act, 2012. (2) It shall come into force on such date as the Centr al Government may, by notification in the Official Gazette, appoint. 2.In section 2 of the Unlawful Activities (Prevention) Act , 1967 (hereinafter referred to as the principal Act),— (i) clause (ea) shall be renumbered as clause (eb) and before clause (eb) as so renumbered, the following clause shall be inserted, namely:— ‘ (ea) “economic s ecurity” includes fina ncial, monetary and fiscal stability, security of means of production and distribution, food security, livelihood security, energy security, ecological and envir onmental securit y;’; (ii) after cla use (eb) as s o renumbered, the following cla use shall be inserted, namely:—Short title and com- mencement Amendment of section 2. 37 of 1967. -- - 2 - Ex-440/2013(ec) “person” includes— (i) an individual, (ii) a company, (iii) a firm, (iv) an organisa tion or an association of persons or a body of individuals, whether incorporated or not, (v) every artificial juridical person, not falling within any of the preceding sub-clauses, and (vi) any agency, office or branch owned or contr olled by any person falling wit hin any of the preceding sub-clauses;’; (iii) for clause (g), the following clause shall be substituted, namely:— ‘(g) “proceeds of terrorism” means,— (i) all kinds of p roperties which have been derived or obta ined from commission of any terrorist act or have been acquired thr ough funds tracea ble to a terrorist act , irrespective of person in whose name such proceeds are standing or in whose possession they are found; or (ii) any property which is being used, or is intended to be used, for a terrorist act or for the purpose of an individual terrorist or a terr orist gang or a terrorist or ganisation. Expla na tion. —F or the p ur poses of this Act, it is hereby declar ed that the expression “proceeds of terrorism” includes a ny property intended to be used for terrorism;’; (iv) in clause (h), for the words “instruments in any form including”, the words “instr uments in any form including but not limit ed to” shall be substituted. 3.In section 6 of the principal Act , in sub-section (1), for the words “two year s”, the words “ five years” shall be substituted. 4.Section 15 of the principal Act shall be renumbered as sub-section (1) thereof and in sub-section (1) as so r enumbered,— (i) in the opening portion, after the word “security”, the words “, economic security,” shall be inserted; (ii) in cla use (a), after sub-clause (iii), the following sub-clause shall be inserted, namely:— “(iiia) dama ge to, the monetary stability of India by wa y of pr oduction or smuggling or circulation of high qu alit y counterfeit Indian paper currency, coin or of any other material; or”; (iii) in clause (c), for the words “any other person to do or abstain from doing any act ,”, the words “an international or inter-governmental orga nisation or any other person to do or absta in from doing a ny act; or” shall be substituted; (iv) for the Explanation, the following Explanation shall be substituted, namely:— ‘Explanation.—For the purpose of this sub-section,— (a) “public functionar y” means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary; (b) “high quality counterfeit Indian currency” means the Amendment of section 6. Amendment of section 15. counterfeit currency as may be declared after examination by an authorised or notified forensic authority that such currency imitates or compromises with the key secur ity fea tures a s specified in the Third Schedule.’; (v) after sub-section (1), the following sub-s ection shall be inserted, namely:— “(2) T he terr orist a ct includes an act which constitutes an offence within the scope of, and as defined in any of t he treaties specified in the S econd Schedule.”. 5.Section 16A of the principal Act shall be omitted. 6.For section 17 of the principal Act, the following section shall be substituted, namely:— “17. Whoever, in India or in a foreign country, directly or indirectly, raises or provides funds or collects funds, whether fr om a legitimate or illegitimate source, from a ny person or persons or attempts to pr ovide to, or raises or collects funds for any person or persons, knowing tha t such funds are likely to be us ed, in full or in part by such person or persons or by a terr orist organisa tion or by a terrorist gang or by an individual terrorist to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five yea rs but which may extend to impr isonment for life, and shall also be liable to fine.Explanation. —For the purpose of this section,— (a) participating, organising or directing in any of the acts stated therein sha ll constitute an offence; (b) raising funds shall include raising or collecting or providing funds through production or smuggling or circulation of high qua lity counterfeit Indian currency; and (c) raising or collecting or providing funds, in any manner for the benefit of, or, to an individual terr orist, terrorist gang or terrorist orga nisation for the purpose not s pecifically covered under section 15 shall also be construed as an offence.”. 7.After section 22 of the principal Act, the following sections shall be inserted, namely:— ‘22A. (1) Where an offence under this Act has been committed by a company, every person (including promoters of the company) who, at the time the offence was committed, was in charge of, and was resp onsible to, the company for the conduct of the business of t he company, as well as the company, sha ll be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided tha t nothing conta ined in this sub-section shall render any such person (including promoters) liable to any punishment provided in this Act , if he proves tha t the offence was committed without his knowledge or that he had exercised reasonable car e to prevent the commission of such offenc e. (2) Notwithstanding anything contained in sub-section (1), wher e an offence under this Act ha s been committed by a company and it is pr oved that the offence ha s been committed with the consent or connivance of, or- 3 -Ex-440/2013 Omission of section 16A. Substitution of new section for section 17. Punishment for raising funds for terrorist act. Insertion of new sections 22A, 22B and 22C. Offences by companies. is attributable to, any neglect on the part of, any promoter, director, manager, secretary or other officer of the company, such promoter, director, manager, secr etary or other officer shall a lso be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Explanation. —For the pu rposes of this section,— (a) “company” means any body corpora te and includes a fir m or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. 22B. (/) Where an offence under this Act has been committed b y a society or trust, every person (including the promoter of society or settlor of the trust) who at the time the offence was commit ted was in cha rge of, and was responsible to, the society or trust for the conduct of the business of the society or the trust, a s well a s the society or trust, shall be deemed to be guilty of the offence and sha ll be liable to be proceeded against and punished accordingly: Provided tha t nothing conta ined in this sub-section shall render any such person liable to any punishment provided in this Act , if he proves that the offence was committed without his knowledge or that he exercised reasonable care to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (I), where any offence under this Act has been committed by a society or trust and it is proved that the offence ha s been committed with the consent or connivance of, or is attributable to, any neglect on the part of any promoter, director, mana ger, secretary, trustee or other officer of the society or trust, such promoter, director, manager, secretary, trustee or other officer shall also be deemed to be guilt y of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. — For the purpose of this section,— (a) “society” means any body cor porate registered under the Societies Registration Act, 1860 or any other State Act governing the registration of societies; (b) “trust” means a ny body registered under the Indian Trusts Act, 1882 or any other State Act governing the registration of trusts; (c) “direct or ”, in relation to a society or tru st, mea ns a member of its governing board other than an ex officio member repres enting t he inter ests of t he Central or State Government or the appropriate statutory author ity. 22C. Where any offence under the Act ha s been committed by a company or a society or a trust, a s the ca se may be, ever y person (including promoter of company or trust or settlor of the tr ust) who at the time of the offence was either in char ge or responsible for the conduct of the business shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable with fine which sha ll not be less than five cror e rupees and which may extend to ten crore rupees.’. 8.In section 23 of the principal Act, in sub-section (/), for the words “chemical substance of warfar e, he shall”, the words “chemical substance of warfar e or high quality counterfeit Indian currency, he shall” sha ll be substituted. 9.In CHAPTER V of the principal Act, in the heading thereof, after the word “TERRORISM”, the words “OR ANY PROPERTY INTENDED TO BE USED FOR TERRORISM” shall be inserted. Offences by societies or trusts. Punishment for offences by companies, societies or trusts. Amendment of section 23.- 4 - Ex-440/2013 Amendment of heading of C h a p t e r V.21 of 1860. 2 of 1882. 10. For section 24 of the principal Act, the following sections shall be substituted, namely:— 24. In this Chapter, unless the context otherwise requires, all references to “proceeds of terror ism” shall include any property intended to be used for terror ism. 24A. (1) No person shall hold or be in possession of any proceeds of terrorism. (2) Proceeds of terrorism, whether held by a terrorist organisa tion or terrorist gang or by any other person and whether or not such terrorist or other person is prosecuted or convict ed for any offence under Cha pter IV or Chapter VI, shall be liable to be forfeited to the Centra l Government or the Sta te Government, a s the case ma y be, in the ma nner pr ovided under this Cha pter. (3) Where pr oceedings have been commenced under this section, the court ma y pass an order directing attachment or forfeiture, as the case may be, of p roperty equivalent to, or, the value of the pr oceeds of terrorism invloved in the offence.’. 11. In section 3 3 of the principal Act, after sub-section (2), the following sub- sections shall be inserted, namely:— “(3) Where any person is accused of an offence concerning high quality counterfeit Indian currency, the court may pass an order directing atta chment or forfeiture, as the case may be, of property equivalent to the value of such high quality counterfeit Indian currency involved in the offence including the face value of such currency which are not defined to b e of high quality, but a re part of the common seizure along with the high qua lity counterfeit India n currency. (4) Where a person is accused of an offence punishable under Chapter IV or Chapter VI, the court may pass an or der directing a ttachment or forfeiture, as the case may be, of property equiva lent to or the value of the proceeds of terrorism involved in the offence. (5) Where any person is a ccused of an offence under Chapter IV or Chapter VI, it shall be open to the court to pass an order that a ll or any of the property, movable or immovable or both, belonging t o him shall, where the trial under the Act ca nnot be concluded on account of the death of the accused or being declared a proclaimed offender or for any ot her reason, be confiscated on the basis of material evidence produced before the court.”. 12. In section 35 of the principal Act,—(a) in sub-section (1),— (i) for the word “order”, the word “notification” shall be substituted; (ii) for the word “ Schedule”, wherever it occurs, the wor ds “ First Schedule” shall be substituted; (b) after sub-section (5), the following sub-sections shall be inserted, namely:— “(4) T he Centra l Government ma y, by not ification in the Official Gazette, add to or remove or amend the Second Schedule or T hird Schedule and thereupon the Second Schedule or the Thir d Schedule, as the case may be, shall be deemed to have been amended accordingly.Forfeiture of proceeds of terrorism. Amendment of section 33. Amendment of section 35. - 5 -Ex-440/2013 Reference to pro- ceeds of terrorism to include property intended to be used for terrorism.Substitution of new sections for section 24. (5) Every notification issued under sub-section (1) or sub-section(4) s ha ll, a s s o on a s ma y b e a ft er it is is s u ed , b e la id b efo r e P a r l ia ment . ” . 13. In section 40 of the principal Act , in sub-section (1), for Explanation, the following Explanation shall be substituted, namely:— “Explanation. —For the pur poses of this s ub-sect ion, a referenc e to provide money or other property includes— (a) of its being given, lent or otherwise made available, whether or not for consideration; or (b) raising, collecting or providing funds through production or smuggling or circu lation of high qualit y counterfeit Indian currency.”. 14. In t he principal Act, the existing Schedule shall be renumbered as the First Schedule thereof, and aft er the First S chedule as so renumbered, the following Schedules shall be inserted, namely: - “THE SECOND SCHEDULE [See section 15(2)] (i)Convention for the Suppression of Unlawful Seizure of Aircraft (1970); (ii) Convention for the Suppress ion of Unlawful Acts against the Safet y of Civil Aviation (1971); (iii) Convention on the Prevention and Punishment of C rimes against Internationally Pr otected Persons, including Diploma tic Agents (1973); (iv) International Convention against the Taking of Hosta ges (1979); (v) Convention on the Physica l Protection of Nuclea r Material (1980); (vi) Pr otocol for the Suppr ess ion of Unla wfu l Act s of Violence a t Air por ts Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1988); (vii) Convention for the Suppr ession of Unlawfu l Acts a gainst the sa fety of Maritime Navigation (1988); (viii) Protocol for the Suppression of Unlawful Acts a gainst the Safety of F ixed Platforms located on the Continenta l Shelf (1988); and (ix) International Convention for the Suppression of Terrorist Bombings (1997). THE THIRD SCHEDULE [See clause (b) of Explanation to section 15(1)] Security features t o define high quaiity counterfeit Indian cur rency notes (a) water mark; (b) latent image; and (c ) see through registration in the currency notes.”. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Amendment of section 40. Amendment of Schedule.- 6 - Ex-440/2013The Banking Laws (Amendment) Act, 2012 (Act No. 4 of 2013)
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Banking Laws (Amendment) Act, 2012 (Act No. 4 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 441RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page THE BANKING LAWS (AMENDMENT) ACT, 2012 AN ACTfurther to a mend the Banking Regulation Act, 1949, the Banking Compa nies (Acquisition and Transfer of Undertakings) Act, 1970 and the Banking Companies (Acquisit ion and Transfer of Undertakings) Act, 1980 and to make cons equentia l amendments in certain other enactments. BE it enacted by Parliament in the Sixty-thir d Year of the R epublic of India as follows:— CHAPTER I PRE LI M I N ARY 1.(1) This Act may be called the Ba nking L aws (Amendment) Act, 2012. (2) It shall come into for ce on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different da tes may be appointed for different pr ovisions of this Act and any reference in any such provision to the commencement of this Act shall b e constr ued as a refer ence to the coming into force of that provision.Short title and commenceme n t . - 2 - Ex-441/2013 CHAPTER II AMENDMENTSTOTHE BANKING REGULATION ACT, 1949 2.In s ection 5 of the Banking Regula tion Act, 1949 (hereafter in this Cha pter referred to as the principal Act), for clause(a), the following clause shall be substituted, namely:— ‘(a) “ap proved securit ies” means the securit ies iss ued by the Central Government or any State Government or such other securities as ma y be specified by the Reserve Bank fr om time to time;’. 3.In section 12 of the principal Act,— (A) in sub-section (1) — (i) for cl a u s e (ii), the following clause shall be substituted, namely:— “(ii) tha t, notwithstanding anything contained in the Companies Act, 1956, the ca pital of such banking company consists of— (a) equity shares only; or (b) equity s ha res and prefer ence sha res: Provided that the issue of preference share shall be in accordance with the guidelines framed by the Reserve Bank specifying the class of pr eference shares, the extent of issue of each class of such preference sha r es (whether perpetual or ir r edeemab le or r edeemab le), and the t erms and conditions subject to which each class of prefer ence shares ma y be issued: Provided further that no holder of the preference share, issued by the company, shall be entitled to exercise the voting right specified in clause (b) of sub-section (2) of section 87 of the Companies Act, 1956;”; (ii) the proviso shall be omitted; (B) in sub-section (2), the following proviso shall be inserted, namely:— “Provided that the Reserve Bank may incr ease, in a pha sed manner, such ceiling on voting rights from ten per cent, to twenty-six per cent.”. 4.After section 12A of the principal Act, the following section shall be inserted, namely:— ‘12B. (1) No person (hereinafter referred to as “ the applicant”) shall, except with the pr evious approva l of the Reserve Bank, on an applica tion being made, acquir e or agree to acquire, directly or indirectly, by himself or acting in concert with any other person, shares of a banking company or voting rights therein, which acquisition taken together with shares and voting rights, if a ny, held by him or his relative or associate enterprise or person acting in concert with him, makes the applicant to hold five per cent, or more of the paid-up share capital of such banking compa ny or entitles him to exercise five per cent, or more of the voting rights in such ba nking company. Explanation 1. —For the pur poses of this sub-section,— (a) “associate enterprise” means a company, whether incorpor ated or not, which,— (i) is a holding company or a subsidiary company of the applica nt; or (ii) is a joint venture of the applicant; or Amendment of section 5. Amendment of section 12. Insertion of new section 12B. Regulation of acquisition of shares or voting rights.1 of 1956. 1 of 1956. 10 of 1949 - 3 -Ex-441/2013(iii) controls the composition of the Board of Directors or other body governing the applicant; or (iv) exercises, in the opinion of the Reserve Bank, significant influence on the applicant in ta king financia l or policy decisions; or (v) is able to obtain economic benefits fr om the a ctivities of the applicant; (b) “relative” sha ll have the meaning assigned to it in section 6 of the Companies Act, 1956; (c) persons shall be deemed to be “acting in concert” who, for a common objective or purpose of a cquisition of s hares or voting right s in excess of the percentage mentioned in this sub-section, pursuant to an agreement or understanding (formal or informal), directly or indirectly co- operate by acquiring or agreeing to acquire shar es or voting rights in the banking company. Explanation 2. —For the pu rposes of this Act, joint venture means a legal entity in the nature of a pa rtnership engaged in the joint underta king of a particular transaction for mutual profit or a n association of persons or compa nies jointly undertaking some commercia l ent erpr ise wherein all contribute assets and share risks. (2) An approval under sub-section (1) may be granted by the Reserve Bank if it is satisfied that— (a) in the public interest ; or (b) in the interest of b anking policy; or (c) to prevent the affair s of any banking compa ny being conducted in a manner detrimental or prejudicial to the interests of the banking company; or (d) in view of the emerging trends in banking and international best practices; or (e) in the interest of the banking and financial system in India, the applicant is a fit and pr oper person to acquire shares or voting rights: Provided that the Reserve Bank ma y call for such infor mation from the a pplica nt a s it may deem necessar y for considering the application referred to in sub-section (1): Provided fur ther that the R eserve Bank may specify differ ent crit eria for acquisit ion of shares or voting right s in different percenta ges. (3) Where the acquisit ion is by way of transfer of shares of a ba nking company and the Reserve Bank is satisfied that such t ransfer should not be permitted, it may, by order, direct that no such share shall be transferred to the proposed tra nsferee and ma y further direct the banking company not to give effect to the transfer of sha res and in case the transfer ha s been registered, the transferee shall not be entitled to exercise voting right s on poll in any of the meetings of the banking company. (4) The approval for acqu isition of shar es may be subject to such conditions as the Reserve Bank may deem fit to impose, including a condition that any fur ther acquisition of shares sha ll require pr ior approval of the Reserve Bank and that the applicant continues to be a fit and proper person to hold the shares or voting rights. (5) Before issuing or allotting any share to any per son or registering the transfer of sha res in the name of any person, the banking company shall ensur e that therequirements of sub-section (1) are complied with by that person and where the acquisition is with the approval of the Reserve Bank, the banking company shall further ensure that the conditions imposed under sub-section (4), if a ny, of such appr oval ar e fulfilled.1 of 1956. - 4 - Ex-441/2013 (6) The decision of the Reserve Bank on the application made under sub-section (1) sha ll be taken within a period of ninety days from the date of r eceipt of the applica tion by the Reserve Bank: Provided that in computing the period of ninety days, the period taken by the applicant for furnishing the information called for by the Reserve Bank shall be excluded. (7) T he Reserve Bank may specify the minimum percentage of shares to be acquired in a banking company if it considers that the purpose for which the shares a re proposed to be acquired by the applica nt warr ants such minimum shareholding. (8) The Reserve Ba nk may, if it is satisfied that any person or persons acting in concert with him holding shares or voting right s in excess of five per cent, of the total voting rights of a ll the shareholders of the banking company, are not fit and pr oper to hold such shares or voting rights, pass an order directing tha t such person or persons acting in concert with him shall not, in the aggregate, exercise voting rights on poll in excess of five per cent, of the total voting rights of all the shareholders of the banking company: Provided that the Reserve Bank shall not pass any such order without giving an opportunity of being heard to such person or persons acting in concert with him.’. 5.In section 13 of the principal Act,—(i) for the words “paid-up va lue of the said shares” occur ring at the end, the words “price at which the said shares are issued” shall be substituted; (ii) the following Explanation shall be inserted, namely:— ‘Explanation. —For the removal of doubts, it is hereby declared that the express ion “pr ice at which the said shares are iss ued” shall include amount or value of premium on such shares.’. 6.In section 18 of the principal Act,— (i) in sub-section (1),— (a) for the words “shall maintain in India”, the words “ sha ll mainta in in India on a daily basis” shall be substituted; (b) for the wor ds “at least three per cent.”, the wor ds “such per cent.” shall be substituted; (c) aft er the words “second p receding fortnight”, the words “as the Reserve Bank may specify, by notification in the Official Gazette, fr om time to time, having regar d to the needs of securing the monetar y stability in the country” shall be inserted; (d) in t he Explanation, in cla use (a), in sub-clause (ii), the words “or from the Development Bank” shall be omit ted; (ii) after sub-section (1), the following sub-sections shall be inserted, namely:— “(1A) If the bala nce held by such banking company at the close of business on any day is below the minimum specified under sub-s ection (1), such banking compa ny shall, without pr ejudice to the provisions of any other law for the time being in force, be liable to pay to the Reserve Bank, in respect of that day, penal interest at a rate of three per cent, above the bank rate on the amount by which such balance falls short of the specified Amendment of section 13. Amendment of section 18. Amendment of section 24. Insertion of new section 26A. Establishment of Depositor Education and Awareness Fu nd. - 5 -Ex-441/2013 minimum, and if the shortfall continues further, the penal interest so charged sha ll be inc reased t o a rat e of five per cent, above the b ank r at e in res pect of each subsequent day during which the default continues.(IB) Notwithstanding anything contained in this section, if the Reserve Bank is satisfied, on an application in writing by the defaulting banking company, that such defaulting ba nking company had sufficient cause for its failure to comply with the provisions of sub-section (1) , it may not demand the payment of the penal interest. (1C) The Reserve Bank may, for such period and subject to such conditions as may be specified, grant to any banking company such exemptions from the provisions of this section as it thinks fit with refer ence to a ll or a ny of its offices or with reference to the whole or any part of its assets and liabilities.”. 7.In section 24 of the principal Act,— (a) in sub-section (4), in cla use (a), the words, brackets and letter “clause (a) of” shall be omitted; (b) in sub-section (5), in clause (b), the words, b rackets and letter - ’clause (a) of” shall be omitted; (c) in sub-section (8), the words, brackets and letter “clause (a) of” shall be omit ted. 8.After section 26 of the principa l Act, the following section shall be inser ted, namely:— ‘26A, (1) The Reserve Bank shall establis h a Fund to be called the “Depositor Education and Awareness Fund” (hereafter in this section referred to as the “Fund”). (2) There shall be credited to the Fund the amount to the credit of any account in India with a banking company which has not been operated upon for a period of ten years or a ny deposit or a ny amount remaining unclaimed for more than ten year s, within a period of three months from the expiry of the said period of ten years: Provided tha t nothing cont ained in this sub-section shall prevent a depositor or any other cla imant to claim his deposit or unclaimed amount or operate his account or deposit a ccount from or with t he banking company after the expiry of said period of ten years and such ba nking company shall be liable to repay such deposit or amount at such rate of interest as may be specified by the Reserve Bank in this behalf. (3) Where the banking company has paid outstanding amount referred to in sub-section (2) or a llowed operation of such account or deposit, such banking company may apply for refund of such amount in such manner as may be specified by the authority or committee referred to in sub-section (5). (4) The Fund shall be utilised for promotion of depositor s’ interests and for such other purposes which may be necessary for the promotion of depositor s’ interests as may be specified by the Reserve Bank from time to time. (5) The Reserve Bank shall, by notification in the Official Gazette, specify an authority or committee, with such members as the Reserve Bank may appoint, to administer the Fund, and to maintain separate accounts and other r elevant records in relation to the Fund in such forms as ma y be specified by the Reserve Bank. Insertion of new section 29 A. Power in respect of associate en- terprises.- 6 - Ex-441/2013(6) It shall be competent for the authority or committee appointed under sub-s ection (5) to spend moneys out of the Fund for carrying out the objects for which the Fund has been est ablished.’. 9.After section 29 of the principa l Act, the following section shall be inser ted, namely:— ‘29A. (1) The Reserve Bank may, at any time, direct a banking company to annex to its financial statements or furnish to it separately, within such time and at such intervals a s may be specified by the Reserve Bank, such s tatements and information relating to the business or affair s of any associate enterprise of the banking company as the Reserve Bank may consider necessary or expedient to ob tain for the purpose of this Act. (2) Notwithstanding anything to the contr ary conta ined in the Companies Act, 1956, the Reserve Bank may, at any time, cause an inspection to be made of any associate enterprise of a banking company and its books of account jointly by one or more of its officers or employees or other persons along with the Board or authorit y regulating such associate enterprise. (3) The provisions of sub-sections (2) and (3) of section 35 shall apply mutatis mutandis to t he inspection under this section. Explanation. — “ associate enterprise” in relation to a banking company includes an enterprise which— (i) is a holding company or a subsidiary company of the banking company; or (ii) is a joint venture of the banking company; or (iii) is a subsidiary company or a joint venture of the holding company of the ba nking company; or (iv) controls the composition of the Board of directors or other body governing the banking company; or (v) exercises, in the opinion of the Reserve Bank, significant influence on the banking company in taking financial or policy decisions; or (vi) is able to obtain economic benefits from the activities of the banking company.’. 10. After Part IIA of the principal Act, the following Part shall be inserted, namely:— “PART IIAB SUPERSESSIONOF BOARDOF DI RECTORSOFBAN KINGCOMPANY 36ACA. (1) Where the Reserve Bank is satisfied, in consulta tion with the Central Government, that in the public interest or for preventing the affairs of any banking company being conducted in a manner detrimental to the interest of the depositors or any banking company or for securing the proper mana gement of any banking company, it is necessary so to do, the Reserve Bank ma y, for reasons to be recorded in writing, by order, supersede the Board of Directors of such banking company for a period not exceeding six months as may be specified in the or der: Provided that the period of supersession of the Board of Directors may be extended from time to time, so, however, that the total period s hall not exceed twelve months. Insertion of new Part IIAB. Suppression of Board of Directors in certain cases.1 of 1956. (2) The Reserve Bank may, on supersession of the Board of Directors of the banking company under sub-section (1) appoint in consultation with the Central Government for such period as it may determine, an Administrator (not being an officer of the Central Government or a S tate Government) who has experience in law, finance, ba nking, economics or accountancy. (3) T he Reserve Bank may issue such directions to the Administr ator as it may deem appropriate and the Administrator shall be bound to follow such directions. (4) Upon making the order of supersession of the Board of Directors of a banking company, notwithstanding anything contained in the Companies Act, 1956,— (a) the chairman, ma naging director and other directors shall, as from the date of supersession, vaca te their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of the Companies Act, 1956 or this Act, or any other law for the time being in force, be exercised and dischar ged by or on behalf of the Boar d of Directors of such banking compa ny, or by a resolution passed in general meeting of such banking company, shall, until the Board of Directors of such banking company is reconstituted, be exercised and discharged by the Administrator appointed by the Reserve Bank under sub-s ection (2): Provided tha t the power exercised by the Adminis trator shall be valid notwithstanding that such power is exercisable by a resolution passed in the gener al meeting of such banking company. (5) The Reserve Bank may constitute, in consultation with the Central Government, a committee of three or more persons who have experience in law, finance, banking, economics or accountancy to assist the Administrator in the discharge of his duties. (6) The committee shall meet at s uch times and places and obs erve such rules of procedure as may be specified by the Reserve Bank. (7) T he salary and allowances to the Administra tor and the members of t he committee constituted under sub-section (5) by the R eserve Bank shall be such as may be specified by the Reserve Bank and be payable by the concerned banking company. (8) On and before the expiration of two months before the expir y of the period of supersession of the Board of Directors a s specified in the order issued under sub-section (1), the Administrator of the banking company, shall call the general meeting of the company to elect new directors and reconstitute its Board of Directors. (9) Notwithstanding anything cont ained in any other la w or in any cont ract, the memorandum or articles of association, no person shall be entitled to claim any compensation for the loss or termina tion of his office.(10) The Administrator appointed under s ub-section (2) shall va cate office immediately after the Boa rd of Director s of such banking company has been reconstituted.”. 11. In section 46 of the principal Act,— (a) in sub-section (1), for the words “a nd shall also be liable to fine”, the words “or with fine, which may extend to one crore rupees or with both” shall be substituted;- 7 -Ex-441/2013 1 of 1956. 1 of 1956. Amendment of section 46. (b) in sub-section (2),— (i) for the words “two thousand rupees”, the words “twenty lakh rupees” shall be substituted; (ii) for the words “one hundred rupees”, the words “fifty thousand rupees” shall be substituted; (c) in sub-section(4), (i) for the words “fifty thousand rupees’”, the words “one crore rupees” shall be substituted; (ii) for the words “two thousand and five hundr ed rupees”, the words “ one lakh rupees” sha ll be substituted. 12. In section 47Aof the principal Act, in sub-section (1),— (a) in the opening portion, for the words, brackets and figures “ sub- section (3) or sub-section (4)”, the words, brackets and figures “ sub-section (2) or sub-section (3) or sub-section (4)” shall be substituted; (b) for sub-clauses (a) and (b), the following sub-clauses shall be substituted, namely:— “(a) where the contravention or default is of the nature referred to in sub-section (2) of section 46, a penalty not exceeding twenty lakh rupees in resp ect of each offence a nd if the contr avention or default persists, a further penalty not exceeding fifty thousand rupees for everyda y, after the first day, during which the cont ravention or deafu lt continues; (b ) where the contr avent ion is of t he na ture referred t o in sub-section (3) of section 46, a penalty not exceeding twice the amount of the deposits in respect of which such contra vention was made; (c) where the cont ravention or default is of t he nature referred to in sub-section (4) of section 46, a penalty not exceeding one crore rupees or twice the amount involved in such contr avention or deafult where such amount is quantifiable, whichever is more, and where such contravention or deafu lt is a continuing one, a fur ther penalty which may extend to one lakh rupees for everyda y, after the first day, during which the cont ravention or deafult continues.”. 13. In s ection 51 of the principal Act, in sub-section (1) , before the words, brackets, figures a nd letters “sub-sections (IB), (IC) and (2) of sections 30”, the figu res and letter “29A,” sha ll b e inser ted. 14. In section 56 of the principal Act,— (a) in cla use (j) relating to substitution of section 18,— (A) in sub-section (1),— (i) for the words “State Co-operative Bank”, the words “a co-operative bank” shall be substituted; (ii) for the br ackets and words ‘(hereinafter refer red to as a “scheduled State co-operative bank”)’, the brackets and words ‘(hereinafter refer red to a s a “scheduled co-operative bank”)’ s hall be substituted; (iii) for the words “at least t hree per cent. ”, the words “ such per cent.” shall be substituted; and (iv) after the words “second preceding fortnight ”, the words “as the Reserve Ba nk may specify, by notification in t he Official- 8 - Ex-441/2013 Amendment of section 56. Amendment of section 51. Amendment of section 47 A. Gazette, fr om time to time having regard to the needs for securing the monetar y stability in the country” shall be inserted;(B) in t he Explanation, — (i) in clause (a),— (1) in sub-clause (ii), the wor ds “the Development Ba nk” shall be omit ted; (2) in sub-clauses (iii) and (iv), for the words “State co- operative bank”, the words “Co-operative Bank” shall be substituted; (ii) in clause (c), for the words “a corresponding new ba nk”, the wor ds and letters “a corr esponding new bank or ID BI Ba nk Ltd.” shall be substituted; (C) after sub-section (1), the following sub-sections shall be inserted, namely:— “(1A) If the balance held by co-operative bank referred to in sub- clause (cci) of clause (c) of section 56 of the Banking Regulation Act, 1949, at the close of business on any da y is below the minimum specified under sub-s ection (1), such co-operative bank shall, without prejudice to the provisions of any other law for the time being in force, be liable to pay to t he Reserve Bank, in r espect of that day, penal interest at a ra te of three per cent. a bove the bank rate on the amount by which such ba lance falls shor t of the specified minimum, and if the shortfall continues further, the penal interest so charged shall be increased to a rate of five per cent. above the bank rate in respect of each subsequent da y during which the default continues. (1B) Notwithstanding anything contained in this section, if the Reserve Bank is satisfied, on an application in writing by the defaulting co-operatrive bank, that such defaulting co-operative bank ha d sufficient ca use for its failure to comply with the provisions of sub-section (1), it ma y not demand the payment of the penal interest. (1C) The Reserve Bank may, for such period and subject to such conditions as may be specified, grant to any co-operative bank such exemptions from the provisions of this section as it thinks fit with refer ence to a ll or a ny of its officers or with reference to the whole or any part of its assets and liabilities.”; (b) in cla use (o) relating to the modification of s ection 22,— (A) in sub-section (1),— (i) cla use (a) shall be omitted; (ii) aft er the proviso, the following proviso shall be inserted, namely:— “Provided fu rther that nothing in this sub-section shall apply to a primary credit society carrying on banking business on or before the commencement of the Banking Laws (Amendment) Act, 2012, for a period of one year or for such further period not exceeding t hree years, as the Reserve Bank may, after r ecording the reasons in writing for so doing, extend.”; (B) in sub-section (2),— (i) for the words “every primary cr edit society which becomes a pr imary co-opera tive ba nk after such commencement shall before the expiry of three months from-the date on which it so becomes a- 9 -Ex-441/2013 10 of 1949. primary co-operative bank”, the words, brackets and figures “every primary credit society which ha d become a primary co-operative bank on or before the commencement of the Banking Laws (Amendment) Act, 2012, shall before the expiry of three months from the da te on which it had become a primary co-operative bank” shall be substituted;(ii) the words “ other than a primary credit society” Shall be omitted; (iii) in the proviso,-— (a) in clause (ii), for the words “thereaft er, or”, the word “thereafter,” shall be substituted; (b) clause (iii) shall be omitted; (c) in cla use (q) relating to modifica tion of section 24,— (a) sub-clause (i) shall be omitted; (b) for sub-clause (ii), the following su b-clause shall be substituted, namely:— ‘(ii) for sub-section (2A), the following sub-section shall be substituted, namely:— “(2A) A scheduled co-operative bank, in addition to the average daily balance which it is, or may be, required to maintain under section 42 of the Reserve Bank of India Act, 1934 and every other co- operative bank, in addition to the cash reserve which it is required to maintain under section 18, shall maintain in India, assets, the value of which shall not be less tha n such percentage not exceeding forty per cent. of the total of its demand and time liabilities in India as on last Friday of t he second preceding fortnight as the Reserve Bank may, by notifica tion in the Official Gazette, specify from time to time and such assets shall be maintained in such form and manner, as may be specified in such notification. ” ’; (d) after clause (ri), the following cla use sha ll be inserted, namely:— ‘(ria) in section 26A, for the words “banking companies”, the words “co-operative bank” shall be substituted;’; (e) in cla use (s), in the opening por tion, for the words a nd figu res, “sections 29 and 30", the word and figures “section 29” shall be substituted; (f) after clause (s), the following clause shall be inserted, namely:— ‘(sa) for section 30, the following section shall be substituted, namely:— “30. (1) Wit hout pr ejudice to anything contained in any other la w for the time being in f or ce, wher e the Reserve Bank is satis fied tha t it is necessar y in the public interest or in the interest of the co-operative bank or its depositor s so to do, it may at any time by general or special order direct that an a dditional audit of the co- operative bank accounts, for any such transactions or class of transactions or for such period or periods as may be specified in the order, shall be conducted and may by the same or a different order appoint a person duly qualified under any law for the time being in force to be an auditor of companies to conduct such audit, and the auditor shall comply with such dir ections and ma ke a report of such audit to the Reser ve Bank and forward a copy thereof to the co- operative bank. (2) The expenses of, or incidental to, the a dditional audit specified in the order made by the Reserve Bank sha ll be bor ne by the co-opera tive ba nk.- 10 - Ex-441/2013 2 of 1934. Audit. (3) The auditor referred to in sub-section (1) shall have such powers, exer cise such funct ions vested in and discharge the duties and be subject to the liabilities and penalties imposed on auditors of companies by section 227 of the Companies Act, 1956 and also that of the auditors, if any, appointed by the law establishing, constituting or forming the co-operative bank to the extent the provisions of t he Companies Act, 1956 are not inconsistent with the provisions of such law.(4) In addition to the matters referred to in the order under sub- section (1) the auditor shall state in his report— (a) whether or not the information and explanation required by him have been found to be sa tisfact ory; (b) whether or not the tra nsactions of the co-operative bank which came to his notice have been within the powers of the co- operative bank; (c) whether or not the returns received from bra nch offices of the co-operative bank have been found adequa te for the pur pose of his audit; (d) whether the profit and loss accounts, shows a true balance or profit or loss for the period covered by such account; (e) any other matter which he cons iders s hould b e brought to the notice of the Reserve Bank and the shareholders of the co- operative bank.” ’. CHAPTER III AMENDMENTTOTHE BANKING COMPANIES (ACQUISITIONAND TRANSFEROF UNDERTAKINGS) ACT, 1970 15. In section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970— (a) for sub-section (2A), the following sub-section shall be substituted, namely:— “(2A) Subject to the provisions of this Act, the authorised capita l of ever y corresponding new bank shall be three thousa nd cror es of rupees divided into three hundred crores of fully paid-up shares of ten rupees each: Provided that the corresp onding new ba nk may reduce the nominal or face value of the shares, and “divide the authorised capita l into such denomination as it may decide with the pr ior approval of the Reserve Bank: Provided fu rther that the Centra l Gover nment may in consulta tion with the Reserve Ba nk and by notification in the Official Gazette incr ease or reduce the authorised capital as it deems fit so however that the shares in all cases shall be fully paid-up shares.”; (b) in sub-section (2B), in clause (c), after the words “public issue”, the words “or right s issue or by issue o, f bonus shares” shall be inserted; (c) in sub-section (2BB), after the words “ public issue”, the words “or rights issue or by issue of bonus shares” shall b e inserted; (d) in sub-section (2BBA), in cla use (a), after the words “public issue”, the words “or rights issue or by issue of bonus shares” shall be inserted; (e) in sub-section (2C), after the words “public issue”, the words “or rights issue or by issue of bonus shares” shall be inserted; (f) in sub-section (2E), —- 11 -Ex-441/2013 1 of 1956. 5 of 1970.Amendment of section 3. (i) for the words “ one per cent.”, the words “ten per cent.” shall be substituted; (ii) in the second proviso, for the words “ no pr eference shar eholder shall be entitled to exercise voting rights in respect of preference shares held by him in excess of one per cent. ”, the words “no preference shareholder, other than the Central Government, shall be entitled to exer cise vot ing rights in r espect of preference shares held by him in excess of ten per cent.” shall be substituted. CHAPTER IV AMENDMENTTOTHE BANKING COMPANIES (ACQUISITIONAND TRANSFEROF UNDERTAKINGS) ACT, 1980 16. In section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980,—(a) for sub-section (2A), the following sub-section shall be substituted, namely:— “(2A) Subject to the provisions of this Act, the authorised capita l of ever y corresponding new bank shall be three thousa nd cror es of rupees divided into three hundr ed crores of fu lly paid-up sha res of ten rupees each: Provided that the corresp onding new ba nk may reduce the nominal or face value of the shar es, and divide the authorised capital into such denomination as it may decide with the pr ior approval of the Reserve Bank: Provided further that the Central Government may, in consulta tion with the Reserve Ba nk, and by notification in the Official Gazette incr ease or reduce the authorised capital as it deems fit so however that the shares in all cases shall be fully paid-up shares.”; (b) in sub-section (2B), in clause (c), after the words “public issue”, the words “ or right s issue or by issue of bonus shares” shall b e inserted; (c) in sub-section (2BB), after the words “ public issue”, the words “or rights issue or by issue of bonus shares” shall b e inserted; (d) in sub-section (2BBA), in cla use (a), after the words “public issue”, the words “or rights issue or by issue of bonus shares” shall be inserted; (e) in sub-section (2C), after the words “public issue”, the words “or rights issue or by issue of bonus shares” shall be inserted; (f) in sub-section (2E), — (i) for the words “one per cent.”, the words “ten per cent.” shall be substituted; (ii) in t he second proviso, for the words “ no preference shareholder sha ll be ent itled t o exercise voting rights in respect of preference shares held by him in excess of one per cent.”, the words “no preference shareholder, other than the Central Government, shall be entitled to exercise voting rights in respect of preference shares held by him in excess of ten per cent.” s ha ll be substitu ted. CHAPTER V MISCELLANEOUS 17. The enactments specified in the Schedule are hereby amended to the extent and in the manner mentioned in the third column thereof.- 12 - Ex-441/2013 Amendment of section 3.40 of 1980. Amendment of certain en- actments. THE SCHEDULE(See section 17) SI. No. Short TitleAmendment 1. The Indian Contracts Act, 1872. In section 28, after Exception 2, the following (9 of 1872). Exception shall be inserted, namely:— Saving of a guarantee agreement Exception 3.— T his section shall not render of a bank or a fina ncial institution. illegal a contract in writing by which any bank or financial institution st ipulate a term in a guar antee or any agreement making a provision for guarantee for extinguishment of the right s or discharge of any party thereto from any liability under or in respect of such guarantee or agreement on the expiry of a specified period which is not less than one year from the date of occurring or non-occurring of a specified event for extinguishment or discharge of such p arty from the said liability. Explanation. — (i) In Exception 3, the expr ession “bank” means— (a) a “banking company” as defined in cla use (c) of section 5 of the Banking Regulation Act, 1949;10 of 1949. (b) “a corresponding new bank” as defined in clause (da) of section 5 of the Ba nking Regulation Act, 1949;10 of 1949. (c) “State Bank of India” constituted under section 3 of the State Bank of India Act, 1955; 23 of 1955. (d) “a subsidiar y bank” as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks)Act, 1959;38 of 1959. (e) “a Regional Rural Bank” established under section 3 of the Regional Rural Banks Act, 1976; 21 of 1976. (f) “a Co-operative Bank” as defined in clause (cci) of s ection 5 of the Banking Regula tion Act, 1949;10 of 1949. (g) “a multi-State co-operative bank” as. defined in cla use (cciiia) of section 5 of the Banking Regulation Act, 1949; and10 of 1949. (ii) In Exception 3, the expression “a financial institution” means any public financial institution within the meaning of section 4A of the CompaniesAct, 1956.1 of 1956. 2.Indian Stamp Act, 1899.After section 8D, the following section shall be (2 of 1899).inserted, namely:— Conversion of a br anch of any8E. Notwithstanding anything contained in this Act bank into a wholly ownedor a ny other law for t he time being in force,—- 13 -Ex-441/2013 subsidiary of bank or transfer(a) conversion of a branch of a bank into a of s hareholding of a bank towholly owned subsidiary of the bank or transfer a holding compa ny of ba nk notof s hareholding of a bank to a holding company liable to duty.of the bank in terms of the scheme or guidelines of t he Reserve Bank of India shall not be liable to duty under this Act or a ny other law for the time being in force; or (b) any instrument, including a n instrument of, or relating to, transfer of any property, business, asset whether movable or immovable, contr act, right, liability and obligation, for the purpose of, or in connection with, the conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of shareholding of a bank to a holding company of t he bank in terms of the scheme or guidelines issued by the Reserve Bank of India in this behalf, shall not be liable to duty under this Act or a ny other law for the time being in force. Explanation. — (i) For the purposes of this section, the expr ession “ bank” means— (a) “a ba nking company” as defined in clause (c) of section 5 of the Banking Regulation Act, 1949;10 of 1949. (b) “a corresponding new bank” as defined in cla use (da) of section 5 of the Banking Regulation Act, 1949;10 of 1949. (c) “State Bank of India” constit uted under section 3 of the S tate Ba nk of India Act, 1955;23 of 1955. (d) “a subsidiary bank” as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959;38 of 1959. (e) “a Regional Rural Bank” established under section 3 of the Regional Rural Banks Act, 1976;21 of 1976. (f) “a Co-operative Bank” as defined in cla use (cci) of s ection 5 of t he Banking Regulation Act, 1949;10 of 1949. (g) “a multi-State co-operative bank” as defined in cla use (cciiia) of section 5 of the Banking Regulation Act, 1949;10 of 1949. (ii) For the pur poses of this section, the expr ession the “Reserve Ba nk of India” means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934.2 of 1934. 3.The Reserve Bank of India Act,In section 8, in sub-section (4), for the words 1934. (2 of l934).“thereafter until his successor sha ll have been nominated”, the following shall be substituted, namely:—- 14 - Ex-441/2013 “shall be eligible for reappointment: Provided that any such Dir ector shall not be appointed for more than two terms, tha t is, for a maximum per iod of eight years either continuously or intermittently”. 4.The Reserve Bank of IndiaIn section 9, in sub-section (3), for the words Act, 1934 (2 of 1934).“thereafter until his successor sha ll have been appointed and shall be eligible for reappointment”, the following shall be substituted, namely:— “shall be eligible for reappointment: Provided that any such member shall not be appointed for more than two terms, tha t is, for a maximum per iod of eight years either continuously or intermittently”. 5.The State Financial Corpora tionIn section 7, in sub-section (3), the words and Act, 1951 (63 of 1951).figures “and the Banking Regulation Act, 1949” 10 of 1949. shall be omit ted. 6.The State Bank of India Act,In section 12, the words and figures 1955 (23 of 1955).“and the Banking Regulation Act, 1949" shall be omitted.10 of 1949. 7.The State Ba nk of IndiaIn section 20, the words and figures (Subsidiary Banks) Act, 1959 “and the Banking Regulation Act, (38 of l959).1949" shall be omitted.10 of 1949. 8.The Warehousing CorporationsIn section 5, the words and figures Act, 1962 (58 of 1962). “and the Banking Regulation Act, 1949" shall be omitted.10 of 1949. 9.The Regional Rural Banks Act,In section 7, the words and figures 1976 (21 of 1976).“and shall a lso be deemed to be appr oved securities for the purposes of the Banking Regulation Act, 1949"10 of 1949. shall be omit ted. 10. The Industr ial FinanceIn section 10, the words and figures Corporation (Transfer of“and the Banking Regulation Act, Undertaking and Repeal)1949" shall be omitted.10 of 1949. Act, 1993 (23 of 1993). 11. The Industr ial ReconstructionIn s ection 11, the words and figures Bank (Transfer of Undertakings“and the Banking Regulation Act, and Repeal) Act, 1997 (7 of 1997). 1949" shall be omitted.10 of 1949. 12. The Unit Trust of India (Transfer In section 17, the words and figures of Undertakings and Repeal) Act, “and the Banking Regulation Act, 2002 (58 of 2002).1949" shall be omitted.10 of 1949. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500- 15 -Ex-441/2013
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Banking Laws (Amendment) Act, 2012 (Act No. 4 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 441RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page THE BANKING LAWS (AMENDMENT) ACT, 2012 AN ACTfurther to a mend the Banking Regulation Act, 1949, the Banking Compa nies (Acquisition and Transfer of Undertakings) Act, 1970 and the Banking Companies (Acquisit ion and Transfer of Undertakings) Act, 1980 and to make cons equentia l amendments in certain other enactments. BE it enacted by Parliament in the Sixty-thir d Year of the R epublic of India as follows:— CHAPTER I PRE LI M I N ARY 1.(1) This Act may be called the Ba nking L aws (Amendment) Act, 2012. (2) It shall come into for ce on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different da tes may be appointed for different pr ovisions of this Act and any reference in any such provision to the commencement of this Act shall b e constr ued as a refer ence to the coming into force of that provision.Short title and commenceme n t . - 2 - Ex-441/2013 CHAPTER II AMENDMENTSTOTHE BANKING REGULATION ACT, 1949 2.In s ection 5 of the Banking Regula tion Act, 1949 (hereafter in this Cha pter referred to as the principal Act), for clause(a), the following clause shall be substituted, namely:— ‘(a) “ap proved securit ies” means the securit ies iss ued by the Central Government or any State Government or such other securities as ma y be specified by the Reserve Bank fr om time to time;’. 3.In section 12 of the principal Act,— (A) in sub-section (1) — (i) for cl a u s e (ii), the following clause shall be substituted, namely:— “(ii) tha t, notwithstanding anything contained in the Companies Act, 1956, the ca pital of such banking company consists of— (a) equity shares only; or (b) equity s ha res and prefer ence sha res: Provided that the issue of preference share shall be in accordance with the guidelines framed by the Reserve Bank specifying the class of pr eference shares, the extent of issue of each class of such preference sha r es (whether perpetual or ir r edeemab le or r edeemab le), and the t erms and conditions subject to which each class of prefer ence shares ma y be issued: Provided further that no holder of the preference share, issued by the company, shall be entitled to exercise the voting right specified in clause (b) of sub-section (2) of section 87 of the Companies Act, 1956;”; (ii) the proviso shall be omitted; (B) in sub-section (2), the following proviso shall be inserted, namely:— “Provided that the Reserve Bank may incr ease, in a pha sed manner, such ceiling on voting rights from ten per cent, to twenty-six per cent.”. 4.After section 12A of the principal Act, the following section shall be inserted, namely:— ‘12B. (1) No person (hereinafter referred to as “ the applicant”) shall, except with the pr evious approva l of the Reserve Bank, on an applica tion being made, acquir e or agree to acquire, directly or indirectly, by himself or acting in concert with any other person, shares of a banking company or voting rights therein, which acquisition taken together with shares and voting rights, if a ny, held by him or his relative or associate enterprise or person acting in concert with him, makes the applicant to hold five per cent, or more of the paid-up share capital of such banking compa ny or entitles him to exercise five per cent, or more of the voting rights in such ba nking company. Explanation 1. —For the pur poses of this sub-section,— (a) “associate enterprise” means a company, whether incorpor ated or not, which,— (i) is a holding company or a subsidiary company of the applica nt; or (ii) is a joint venture of the applicant; or Amendment of section 5. Amendment of section 12. Insertion of new section 12B. Regulation of acquisition of shares or voting rights.1 of 1956. 1 of 1956. 10 of 1949 - 3 -Ex-441/2013(iii) controls the composition of the Board of Directors or other body governing the applicant; or (iv) exercises, in the opinion of the Reserve Bank, significant influence on the applicant in ta king financia l or policy decisions; or (v) is able to obtain economic benefits fr om the a ctivities of the applicant; (b) “relative” sha ll have the meaning assigned to it in section 6 of the Companies Act, 1956; (c) persons shall be deemed to be “acting in concert” who, for a common objective or purpose of a cquisition of s hares or voting right s in excess of the percentage mentioned in this sub-section, pursuant to an agreement or understanding (formal or informal), directly or indirectly co- operate by acquiring or agreeing to acquire shar es or voting rights in the banking company. Explanation 2. —For the pu rposes of this Act, joint venture means a legal entity in the nature of a pa rtnership engaged in the joint underta king of a particular transaction for mutual profit or a n association of persons or compa nies jointly undertaking some commercia l ent erpr ise wherein all contribute assets and share risks. (2) An approval under sub-section (1) may be granted by the Reserve Bank if it is satisfied that— (a) in the public interest ; or (b) in the interest of b anking policy; or (c) to prevent the affair s of any banking compa ny being conducted in a manner detrimental or prejudicial to the interests of the banking company; or (d) in view of the emerging trends in banking and international best practices; or (e) in the interest of the banking and financial system in India, the applicant is a fit and pr oper person to acquire shares or voting rights: Provided that the Reserve Bank ma y call for such infor mation from the a pplica nt a s it may deem necessar y for considering the application referred to in sub-section (1): Provided fur ther that the R eserve Bank may specify differ ent crit eria for acquisit ion of shares or voting right s in different percenta ges. (3) Where the acquisit ion is by way of transfer of shares of a ba nking company and the Reserve Bank is satisfied that such t ransfer should not be permitted, it may, by order, direct that no such share shall be transferred to the proposed tra nsferee and ma y further direct the banking company not to give effect to the transfer of sha res and in case the transfer ha s been registered, the transferee shall not be entitled to exercise voting right s on poll in any of the meetings of the banking company. (4) The approval for acqu isition of shar es may be subject to such conditions as the Reserve Bank may deem fit to impose, including a condition that any fur ther acquisition of shares sha ll require pr ior approval of the Reserve Bank and that the applicant continues to be a fit and proper person to hold the shares or voting rights. (5) Before issuing or allotting any share to any per son or registering the transfer of sha res in the name of any person, the banking company shall ensur e that therequirements of sub-section (1) are complied with by that person and where the acquisition is with the approval of the Reserve Bank, the banking company shall further ensure that the conditions imposed under sub-section (4), if a ny, of such appr oval ar e fulfilled.1 of 1956. - 4 - Ex-441/2013 (6) The decision of the Reserve Bank on the application made under sub-section (1) sha ll be taken within a period of ninety days from the date of r eceipt of the applica tion by the Reserve Bank: Provided that in computing the period of ninety days, the period taken by the applicant for furnishing the information called for by the Reserve Bank shall be excluded. (7) T he Reserve Bank may specify the minimum percentage of shares to be acquired in a banking company if it considers that the purpose for which the shares a re proposed to be acquired by the applica nt warr ants such minimum shareholding. (8) The Reserve Ba nk may, if it is satisfied that any person or persons acting in concert with him holding shares or voting right s in excess of five per cent, of the total voting rights of a ll the shareholders of the banking company, are not fit and pr oper to hold such shares or voting rights, pass an order directing tha t such person or persons acting in concert with him shall not, in the aggregate, exercise voting rights on poll in excess of five per cent, of the total voting rights of all the shareholders of the banking company: Provided that the Reserve Bank shall not pass any such order without giving an opportunity of being heard to such person or persons acting in concert with him.’. 5.In section 13 of the principal Act,—(i) for the words “paid-up va lue of the said shares” occur ring at the end, the words “price at which the said shares are issued” shall be substituted; (ii) the following Explanation shall be inserted, namely:— ‘Explanation. —For the removal of doubts, it is hereby declared that the express ion “pr ice at which the said shares are iss ued” shall include amount or value of premium on such shares.’. 6.In section 18 of the principal Act,— (i) in sub-section (1),— (a) for the words “shall maintain in India”, the words “ sha ll mainta in in India on a daily basis” shall be substituted; (b) for the wor ds “at least three per cent.”, the wor ds “such per cent.” shall be substituted; (c) aft er the words “second p receding fortnight”, the words “as the Reserve Bank may specify, by notification in the Official Gazette, fr om time to time, having regar d to the needs of securing the monetar y stability in the country” shall be inserted; (d) in t he Explanation, in cla use (a), in sub-clause (ii), the words “or from the Development Bank” shall be omit ted; (ii) after sub-section (1), the following sub-sections shall be inserted, namely:— “(1A) If the bala nce held by such banking company at the close of business on any day is below the minimum specified under sub-s ection (1), such banking compa ny shall, without pr ejudice to the provisions of any other law for the time being in force, be liable to pay to the Reserve Bank, in respect of that day, penal interest at a rate of three per cent, above the bank rate on the amount by which such balance falls short of the specified Amendment of section 13. Amendment of section 18. Amendment of section 24. Insertion of new section 26A. Establishment of Depositor Education and Awareness Fu nd. - 5 -Ex-441/2013 minimum, and if the shortfall continues further, the penal interest so charged sha ll be inc reased t o a rat e of five per cent, above the b ank r at e in res pect of each subsequent day during which the default continues.(IB) Notwithstanding anything contained in this section, if the Reserve Bank is satisfied, on an application in writing by the defaulting banking company, that such defaulting ba nking company had sufficient cause for its failure to comply with the provisions of sub-section (1) , it may not demand the payment of the penal interest. (1C) The Reserve Bank may, for such period and subject to such conditions as may be specified, grant to any banking company such exemptions from the provisions of this section as it thinks fit with refer ence to a ll or a ny of its offices or with reference to the whole or any part of its assets and liabilities.”. 7.In section 24 of the principal Act,— (a) in sub-section (4), in cla use (a), the words, brackets and letter “clause (a) of” shall be omitted; (b) in sub-section (5), in clause (b), the words, b rackets and letter - ’clause (a) of” shall be omitted; (c) in sub-section (8), the words, brackets and letter “clause (a) of” shall be omit ted. 8.After section 26 of the principa l Act, the following section shall be inser ted, namely:— ‘26A, (1) The Reserve Bank shall establis h a Fund to be called the “Depositor Education and Awareness Fund” (hereafter in this section referred to as the “Fund”). (2) There shall be credited to the Fund the amount to the credit of any account in India with a banking company which has not been operated upon for a period of ten years or a ny deposit or a ny amount remaining unclaimed for more than ten year s, within a period of three months from the expiry of the said period of ten years: Provided tha t nothing cont ained in this sub-section shall prevent a depositor or any other cla imant to claim his deposit or unclaimed amount or operate his account or deposit a ccount from or with t he banking company after the expiry of said period of ten years and such ba nking company shall be liable to repay such deposit or amount at such rate of interest as may be specified by the Reserve Bank in this behalf. (3) Where the banking company has paid outstanding amount referred to in sub-section (2) or a llowed operation of such account or deposit, such banking company may apply for refund of such amount in such manner as may be specified by the authority or committee referred to in sub-section (5). (4) The Fund shall be utilised for promotion of depositor s’ interests and for such other purposes which may be necessary for the promotion of depositor s’ interests as may be specified by the Reserve Bank from time to time. (5) The Reserve Bank shall, by notification in the Official Gazette, specify an authority or committee, with such members as the Reserve Bank may appoint, to administer the Fund, and to maintain separate accounts and other r elevant records in relation to the Fund in such forms as ma y be specified by the Reserve Bank. Insertion of new section 29 A. Power in respect of associate en- terprises.- 6 - Ex-441/2013(6) It shall be competent for the authority or committee appointed under sub-s ection (5) to spend moneys out of the Fund for carrying out the objects for which the Fund has been est ablished.’. 9.After section 29 of the principa l Act, the following section shall be inser ted, namely:— ‘29A. (1) The Reserve Bank may, at any time, direct a banking company to annex to its financial statements or furnish to it separately, within such time and at such intervals a s may be specified by the Reserve Bank, such s tatements and information relating to the business or affair s of any associate enterprise of the banking company as the Reserve Bank may consider necessary or expedient to ob tain for the purpose of this Act. (2) Notwithstanding anything to the contr ary conta ined in the Companies Act, 1956, the Reserve Bank may, at any time, cause an inspection to be made of any associate enterprise of a banking company and its books of account jointly by one or more of its officers or employees or other persons along with the Board or authorit y regulating such associate enterprise. (3) The provisions of sub-sections (2) and (3) of section 35 shall apply mutatis mutandis to t he inspection under this section. Explanation. — “ associate enterprise” in relation to a banking company includes an enterprise which— (i) is a holding company or a subsidiary company of the banking company; or (ii) is a joint venture of the banking company; or (iii) is a subsidiary company or a joint venture of the holding company of the ba nking company; or (iv) controls the composition of the Board of directors or other body governing the banking company; or (v) exercises, in the opinion of the Reserve Bank, significant influence on the banking company in taking financial or policy decisions; or (vi) is able to obtain economic benefits from the activities of the banking company.’. 10. After Part IIA of the principal Act, the following Part shall be inserted, namely:— “PART IIAB SUPERSESSIONOF BOARDOF DI RECTORSOFBAN KINGCOMPANY 36ACA. (1) Where the Reserve Bank is satisfied, in consulta tion with the Central Government, that in the public interest or for preventing the affairs of any banking company being conducted in a manner detrimental to the interest of the depositors or any banking company or for securing the proper mana gement of any banking company, it is necessary so to do, the Reserve Bank ma y, for reasons to be recorded in writing, by order, supersede the Board of Directors of such banking company for a period not exceeding six months as may be specified in the or der: Provided that the period of supersession of the Board of Directors may be extended from time to time, so, however, that the total period s hall not exceed twelve months. Insertion of new Part IIAB. Suppression of Board of Directors in certain cases.1 of 1956. (2) The Reserve Bank may, on supersession of the Board of Directors of the banking company under sub-section (1) appoint in consultation with the Central Government for such period as it may determine, an Administrator (not being an officer of the Central Government or a S tate Government) who has experience in law, finance, ba nking, economics or accountancy. (3) T he Reserve Bank may issue such directions to the Administr ator as it may deem appropriate and the Administrator shall be bound to follow such directions. (4) Upon making the order of supersession of the Board of Directors of a banking company, notwithstanding anything contained in the Companies Act, 1956,— (a) the chairman, ma naging director and other directors shall, as from the date of supersession, vaca te their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of the Companies Act, 1956 or this Act, or any other law for the time being in force, be exercised and dischar ged by or on behalf of the Boar d of Directors of such banking compa ny, or by a resolution passed in general meeting of such banking company, shall, until the Board of Directors of such banking company is reconstituted, be exercised and discharged by the Administrator appointed by the Reserve Bank under sub-s ection (2): Provided tha t the power exercised by the Adminis trator shall be valid notwithstanding that such power is exercisable by a resolution passed in the gener al meeting of such banking company. (5) The Reserve Bank may constitute, in consultation with the Central Government, a committee of three or more persons who have experience in law, finance, banking, economics or accountancy to assist the Administrator in the discharge of his duties. (6) The committee shall meet at s uch times and places and obs erve such rules of procedure as may be specified by the Reserve Bank. (7) T he salary and allowances to the Administra tor and the members of t he committee constituted under sub-section (5) by the R eserve Bank shall be such as may be specified by the Reserve Bank and be payable by the concerned banking company. (8) On and before the expiration of two months before the expir y of the period of supersession of the Board of Directors a s specified in the order issued under sub-section (1), the Administrator of the banking company, shall call the general meeting of the company to elect new directors and reconstitute its Board of Directors. (9) Notwithstanding anything cont ained in any other la w or in any cont ract, the memorandum or articles of association, no person shall be entitled to claim any compensation for the loss or termina tion of his office.(10) The Administrator appointed under s ub-section (2) shall va cate office immediately after the Boa rd of Director s of such banking company has been reconstituted.”. 11. In section 46 of the principal Act,— (a) in sub-section (1), for the words “a nd shall also be liable to fine”, the words “or with fine, which may extend to one crore rupees or with both” shall be substituted;- 7 -Ex-441/2013 1 of 1956. 1 of 1956. Amendment of section 46. (b) in sub-section (2),— (i) for the words “two thousand rupees”, the words “twenty lakh rupees” shall be substituted; (ii) for the words “one hundred rupees”, the words “fifty thousand rupees” shall be substituted; (c) in sub-section(4), (i) for the words “fifty thousand rupees’”, the words “one crore rupees” shall be substituted; (ii) for the words “two thousand and five hundr ed rupees”, the words “ one lakh rupees” sha ll be substituted. 12. In section 47Aof the principal Act, in sub-section (1),— (a) in the opening portion, for the words, brackets and figures “ sub- section (3) or sub-section (4)”, the words, brackets and figures “ sub-section (2) or sub-section (3) or sub-section (4)” shall be substituted; (b) for sub-clauses (a) and (b), the following sub-clauses shall be substituted, namely:— “(a) where the contravention or default is of the nature referred to in sub-section (2) of section 46, a penalty not exceeding twenty lakh rupees in resp ect of each offence a nd if the contr avention or default persists, a further penalty not exceeding fifty thousand rupees for everyda y, after the first day, during which the cont ravention or deafu lt continues; (b ) where the contr avent ion is of t he na ture referred t o in sub-section (3) of section 46, a penalty not exceeding twice the amount of the deposits in respect of which such contra vention was made; (c) where the cont ravention or default is of t he nature referred to in sub-section (4) of section 46, a penalty not exceeding one crore rupees or twice the amount involved in such contr avention or deafult where such amount is quantifiable, whichever is more, and where such contravention or deafu lt is a continuing one, a fur ther penalty which may extend to one lakh rupees for everyda y, after the first day, during which the cont ravention or deafult continues.”. 13. In s ection 51 of the principal Act, in sub-section (1) , before the words, brackets, figures a nd letters “sub-sections (IB), (IC) and (2) of sections 30”, the figu res and letter “29A,” sha ll b e inser ted. 14. In section 56 of the principal Act,— (a) in cla use (j) relating to substitution of section 18,— (A) in sub-section (1),— (i) for the words “State Co-operative Bank”, the words “a co-operative bank” shall be substituted; (ii) for the br ackets and words ‘(hereinafter refer red to as a “scheduled State co-operative bank”)’, the brackets and words ‘(hereinafter refer red to a s a “scheduled co-operative bank”)’ s hall be substituted; (iii) for the words “at least t hree per cent. ”, the words “ such per cent.” shall be substituted; and (iv) after the words “second preceding fortnight ”, the words “as the Reserve Ba nk may specify, by notification in t he Official- 8 - Ex-441/2013 Amendment of section 56. Amendment of section 51. Amendment of section 47 A. Gazette, fr om time to time having regard to the needs for securing the monetar y stability in the country” shall be inserted;(B) in t he Explanation, — (i) in clause (a),— (1) in sub-clause (ii), the wor ds “the Development Ba nk” shall be omit ted; (2) in sub-clauses (iii) and (iv), for the words “State co- operative bank”, the words “Co-operative Bank” shall be substituted; (ii) in clause (c), for the words “a corresponding new ba nk”, the wor ds and letters “a corr esponding new bank or ID BI Ba nk Ltd.” shall be substituted; (C) after sub-section (1), the following sub-sections shall be inserted, namely:— “(1A) If the balance held by co-operative bank referred to in sub- clause (cci) of clause (c) of section 56 of the Banking Regulation Act, 1949, at the close of business on any da y is below the minimum specified under sub-s ection (1), such co-operative bank shall, without prejudice to the provisions of any other law for the time being in force, be liable to pay to t he Reserve Bank, in r espect of that day, penal interest at a ra te of three per cent. a bove the bank rate on the amount by which such ba lance falls shor t of the specified minimum, and if the shortfall continues further, the penal interest so charged shall be increased to a rate of five per cent. above the bank rate in respect of each subsequent da y during which the default continues. (1B) Notwithstanding anything contained in this section, if the Reserve Bank is satisfied, on an application in writing by the defaulting co-operatrive bank, that such defaulting co-operative bank ha d sufficient ca use for its failure to comply with the provisions of sub-section (1), it ma y not demand the payment of the penal interest. (1C) The Reserve Bank may, for such period and subject to such conditions as may be specified, grant to any co-operative bank such exemptions from the provisions of this section as it thinks fit with refer ence to a ll or a ny of its officers or with reference to the whole or any part of its assets and liabilities.”; (b) in cla use (o) relating to the modification of s ection 22,— (A) in sub-section (1),— (i) cla use (a) shall be omitted; (ii) aft er the proviso, the following proviso shall be inserted, namely:— “Provided fu rther that nothing in this sub-section shall apply to a primary credit society carrying on banking business on or before the commencement of the Banking Laws (Amendment) Act, 2012, for a period of one year or for such further period not exceeding t hree years, as the Reserve Bank may, after r ecording the reasons in writing for so doing, extend.”; (B) in sub-section (2),— (i) for the words “every primary cr edit society which becomes a pr imary co-opera tive ba nk after such commencement shall before the expiry of three months from-the date on which it so becomes a- 9 -Ex-441/2013 10 of 1949. primary co-operative bank”, the words, brackets and figures “every primary credit society which ha d become a primary co-operative bank on or before the commencement of the Banking Laws (Amendment) Act, 2012, shall before the expiry of three months from the da te on which it had become a primary co-operative bank” shall be substituted;(ii) the words “ other than a primary credit society” Shall be omitted; (iii) in the proviso,-— (a) in clause (ii), for the words “thereaft er, or”, the word “thereafter,” shall be substituted; (b) clause (iii) shall be omitted; (c) in cla use (q) relating to modifica tion of section 24,— (a) sub-clause (i) shall be omitted; (b) for sub-clause (ii), the following su b-clause shall be substituted, namely:— ‘(ii) for sub-section (2A), the following sub-section shall be substituted, namely:— “(2A) A scheduled co-operative bank, in addition to the average daily balance which it is, or may be, required to maintain under section 42 of the Reserve Bank of India Act, 1934 and every other co- operative bank, in addition to the cash reserve which it is required to maintain under section 18, shall maintain in India, assets, the value of which shall not be less tha n such percentage not exceeding forty per cent. of the total of its demand and time liabilities in India as on last Friday of t he second preceding fortnight as the Reserve Bank may, by notifica tion in the Official Gazette, specify from time to time and such assets shall be maintained in such form and manner, as may be specified in such notification. ” ’; (d) after clause (ri), the following cla use sha ll be inserted, namely:— ‘(ria) in section 26A, for the words “banking companies”, the words “co-operative bank” shall be substituted;’; (e) in cla use (s), in the opening por tion, for the words a nd figu res, “sections 29 and 30", the word and figures “section 29” shall be substituted; (f) after clause (s), the following clause shall be inserted, namely:— ‘(sa) for section 30, the following section shall be substituted, namely:— “30. (1) Wit hout pr ejudice to anything contained in any other la w for the time being in f or ce, wher e the Reserve Bank is satis fied tha t it is necessar y in the public interest or in the interest of the co-operative bank or its depositor s so to do, it may at any time by general or special order direct that an a dditional audit of the co- operative bank accounts, for any such transactions or class of transactions or for such period or periods as may be specified in the order, shall be conducted and may by the same or a different order appoint a person duly qualified under any law for the time being in force to be an auditor of companies to conduct such audit, and the auditor shall comply with such dir ections and ma ke a report of such audit to the Reser ve Bank and forward a copy thereof to the co- operative bank. (2) The expenses of, or incidental to, the a dditional audit specified in the order made by the Reserve Bank sha ll be bor ne by the co-opera tive ba nk.- 10 - Ex-441/2013 2 of 1934. Audit. (3) The auditor referred to in sub-section (1) shall have such powers, exer cise such funct ions vested in and discharge the duties and be subject to the liabilities and penalties imposed on auditors of companies by section 227 of the Companies Act, 1956 and also that of the auditors, if any, appointed by the law establishing, constituting or forming the co-operative bank to the extent the provisions of t he Companies Act, 1956 are not inconsistent with the provisions of such law.(4) In addition to the matters referred to in the order under sub- section (1) the auditor shall state in his report— (a) whether or not the information and explanation required by him have been found to be sa tisfact ory; (b) whether or not the tra nsactions of the co-operative bank which came to his notice have been within the powers of the co- operative bank; (c) whether or not the returns received from bra nch offices of the co-operative bank have been found adequa te for the pur pose of his audit; (d) whether the profit and loss accounts, shows a true balance or profit or loss for the period covered by such account; (e) any other matter which he cons iders s hould b e brought to the notice of the Reserve Bank and the shareholders of the co- operative bank.” ’. CHAPTER III AMENDMENTTOTHE BANKING COMPANIES (ACQUISITIONAND TRANSFEROF UNDERTAKINGS) ACT, 1970 15. In section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970— (a) for sub-section (2A), the following sub-section shall be substituted, namely:— “(2A) Subject to the provisions of this Act, the authorised capita l of ever y corresponding new bank shall be three thousa nd cror es of rupees divided into three hundred crores of fully paid-up shares of ten rupees each: Provided that the corresp onding new ba nk may reduce the nominal or face value of the shares, and “divide the authorised capita l into such denomination as it may decide with the pr ior approval of the Reserve Bank: Provided fu rther that the Centra l Gover nment may in consulta tion with the Reserve Ba nk and by notification in the Official Gazette incr ease or reduce the authorised capital as it deems fit so however that the shares in all cases shall be fully paid-up shares.”; (b) in sub-section (2B), in clause (c), after the words “public issue”, the words “or right s issue or by issue o, f bonus shares” shall be inserted; (c) in sub-section (2BB), after the words “ public issue”, the words “or rights issue or by issue of bonus shares” shall b e inserted; (d) in sub-section (2BBA), in cla use (a), after the words “public issue”, the words “or rights issue or by issue of bonus shares” shall be inserted; (e) in sub-section (2C), after the words “public issue”, the words “or rights issue or by issue of bonus shares” shall be inserted; (f) in sub-section (2E), —- 11 -Ex-441/2013 1 of 1956. 5 of 1970.Amendment of section 3. (i) for the words “ one per cent.”, the words “ten per cent.” shall be substituted; (ii) in the second proviso, for the words “ no pr eference shar eholder shall be entitled to exercise voting rights in respect of preference shares held by him in excess of one per cent. ”, the words “no preference shareholder, other than the Central Government, shall be entitled to exer cise vot ing rights in r espect of preference shares held by him in excess of ten per cent.” shall be substituted. CHAPTER IV AMENDMENTTOTHE BANKING COMPANIES (ACQUISITIONAND TRANSFEROF UNDERTAKINGS) ACT, 1980 16. In section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980,—(a) for sub-section (2A), the following sub-section shall be substituted, namely:— “(2A) Subject to the provisions of this Act, the authorised capita l of ever y corresponding new bank shall be three thousa nd cror es of rupees divided into three hundr ed crores of fu lly paid-up sha res of ten rupees each: Provided that the corresp onding new ba nk may reduce the nominal or face value of the shar es, and divide the authorised capital into such denomination as it may decide with the pr ior approval of the Reserve Bank: Provided further that the Central Government may, in consulta tion with the Reserve Ba nk, and by notification in the Official Gazette incr ease or reduce the authorised capital as it deems fit so however that the shares in all cases shall be fully paid-up shares.”; (b) in sub-section (2B), in clause (c), after the words “public issue”, the words “ or right s issue or by issue of bonus shares” shall b e inserted; (c) in sub-section (2BB), after the words “ public issue”, the words “or rights issue or by issue of bonus shares” shall b e inserted; (d) in sub-section (2BBA), in cla use (a), after the words “public issue”, the words “or rights issue or by issue of bonus shares” shall be inserted; (e) in sub-section (2C), after the words “public issue”, the words “or rights issue or by issue of bonus shares” shall be inserted; (f) in sub-section (2E), — (i) for the words “one per cent.”, the words “ten per cent.” shall be substituted; (ii) in t he second proviso, for the words “ no preference shareholder sha ll be ent itled t o exercise voting rights in respect of preference shares held by him in excess of one per cent.”, the words “no preference shareholder, other than the Central Government, shall be entitled to exercise voting rights in respect of preference shares held by him in excess of ten per cent.” s ha ll be substitu ted. CHAPTER V MISCELLANEOUS 17. The enactments specified in the Schedule are hereby amended to the extent and in the manner mentioned in the third column thereof.- 12 - Ex-441/2013 Amendment of section 3.40 of 1980. Amendment of certain en- actments. THE SCHEDULE(See section 17) SI. No. Short TitleAmendment 1. The Indian Contracts Act, 1872. In section 28, after Exception 2, the following (9 of 1872). Exception shall be inserted, namely:— Saving of a guarantee agreement Exception 3.— T his section shall not render of a bank or a fina ncial institution. illegal a contract in writing by which any bank or financial institution st ipulate a term in a guar antee or any agreement making a provision for guarantee for extinguishment of the right s or discharge of any party thereto from any liability under or in respect of such guarantee or agreement on the expiry of a specified period which is not less than one year from the date of occurring or non-occurring of a specified event for extinguishment or discharge of such p arty from the said liability. Explanation. — (i) In Exception 3, the expr ession “bank” means— (a) a “banking company” as defined in cla use (c) of section 5 of the Banking Regulation Act, 1949;10 of 1949. (b) “a corresponding new bank” as defined in clause (da) of section 5 of the Ba nking Regulation Act, 1949;10 of 1949. (c) “State Bank of India” constituted under section 3 of the State Bank of India Act, 1955; 23 of 1955. (d) “a subsidiar y bank” as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks)Act, 1959;38 of 1959. (e) “a Regional Rural Bank” established under section 3 of the Regional Rural Banks Act, 1976; 21 of 1976. (f) “a Co-operative Bank” as defined in clause (cci) of s ection 5 of the Banking Regula tion Act, 1949;10 of 1949. (g) “a multi-State co-operative bank” as. defined in cla use (cciiia) of section 5 of the Banking Regulation Act, 1949; and10 of 1949. (ii) In Exception 3, the expression “a financial institution” means any public financial institution within the meaning of section 4A of the CompaniesAct, 1956.1 of 1956. 2.Indian Stamp Act, 1899.After section 8D, the following section shall be (2 of 1899).inserted, namely:— Conversion of a br anch of any8E. Notwithstanding anything contained in this Act bank into a wholly ownedor a ny other law for t he time being in force,—- 13 -Ex-441/2013 subsidiary of bank or transfer(a) conversion of a branch of a bank into a of s hareholding of a bank towholly owned subsidiary of the bank or transfer a holding compa ny of ba nk notof s hareholding of a bank to a holding company liable to duty.of the bank in terms of the scheme or guidelines of t he Reserve Bank of India shall not be liable to duty under this Act or a ny other law for the time being in force; or (b) any instrument, including a n instrument of, or relating to, transfer of any property, business, asset whether movable or immovable, contr act, right, liability and obligation, for the purpose of, or in connection with, the conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of shareholding of a bank to a holding company of t he bank in terms of the scheme or guidelines issued by the Reserve Bank of India in this behalf, shall not be liable to duty under this Act or a ny other law for the time being in force. Explanation. — (i) For the purposes of this section, the expr ession “ bank” means— (a) “a ba nking company” as defined in clause (c) of section 5 of the Banking Regulation Act, 1949;10 of 1949. (b) “a corresponding new bank” as defined in cla use (da) of section 5 of the Banking Regulation Act, 1949;10 of 1949. (c) “State Bank of India” constit uted under section 3 of the S tate Ba nk of India Act, 1955;23 of 1955. (d) “a subsidiary bank” as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959;38 of 1959. (e) “a Regional Rural Bank” established under section 3 of the Regional Rural Banks Act, 1976;21 of 1976. (f) “a Co-operative Bank” as defined in cla use (cci) of s ection 5 of t he Banking Regulation Act, 1949;10 of 1949. (g) “a multi-State co-operative bank” as defined in cla use (cciiia) of section 5 of the Banking Regulation Act, 1949;10 of 1949. (ii) For the pur poses of this section, the expr ession the “Reserve Ba nk of India” means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934.2 of 1934. 3.The Reserve Bank of India Act,In section 8, in sub-section (4), for the words 1934. (2 of l934).“thereafter until his successor sha ll have been nominated”, the following shall be substituted, namely:—- 14 - Ex-441/2013 “shall be eligible for reappointment: Provided that any such Dir ector shall not be appointed for more than two terms, tha t is, for a maximum per iod of eight years either continuously or intermittently”. 4.The Reserve Bank of IndiaIn section 9, in sub-section (3), for the words Act, 1934 (2 of 1934).“thereafter until his successor sha ll have been appointed and shall be eligible for reappointment”, the following shall be substituted, namely:— “shall be eligible for reappointment: Provided that any such member shall not be appointed for more than two terms, tha t is, for a maximum per iod of eight years either continuously or intermittently”. 5.The State Financial Corpora tionIn section 7, in sub-section (3), the words and Act, 1951 (63 of 1951).figures “and the Banking Regulation Act, 1949” 10 of 1949. shall be omit ted. 6.The State Bank of India Act,In section 12, the words and figures 1955 (23 of 1955).“and the Banking Regulation Act, 1949" shall be omitted.10 of 1949. 7.The State Ba nk of IndiaIn section 20, the words and figures (Subsidiary Banks) Act, 1959 “and the Banking Regulation Act, (38 of l959).1949" shall be omitted.10 of 1949. 8.The Warehousing CorporationsIn section 5, the words and figures Act, 1962 (58 of 1962). “and the Banking Regulation Act, 1949" shall be omitted.10 of 1949. 9.The Regional Rural Banks Act,In section 7, the words and figures 1976 (21 of 1976).“and shall a lso be deemed to be appr oved securities for the purposes of the Banking Regulation Act, 1949"10 of 1949. shall be omit ted. 10. The Industr ial FinanceIn section 10, the words and figures Corporation (Transfer of“and the Banking Regulation Act, Undertaking and Repeal)1949" shall be omitted.10 of 1949. Act, 1993 (23 of 1993). 11. The Industr ial ReconstructionIn s ection 11, the words and figures Bank (Transfer of Undertakings“and the Banking Regulation Act, and Repeal) Act, 1997 (7 of 1997). 1949" shall be omitted.10 of 1949. 12. The Unit Trust of India (Transfer In section 17, the words and figures of Undertakings and Repeal) Act, “and the Banking Regulation Act, 2002 (58 of 2002).1949" shall be omitted.10 of 1949. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500- 15 -Ex-441/2013The Appropriation (Railways) Vote on Account Act, 2013 (Act No. 5 of 2013)
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Appropriation (Railways) Vote on Account Act, 2013 (Act No. 5 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 442RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page THE APPROPRIATION (RAILWAYS) VOTE ON ACCOUNT ACT, 2013 AN ACTto provide for the withdr awal of certain sums from and out of the Consolidated Fund of India for the services of a part of the financial year 2013-14 for the purposes of Railways. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 1.This Act may be called the Appropriation (Railways) Vote on Account Act, 2013. 2.From and out of the Consolidated Fund of India there may be withdrawn sums not exceeding those specified in column 3 of the Schedule amounting in the aggr egate to the s um of fifty thousand four hundred fifty-eight cror e, nineteen lakh and sixty-eight thousand rupees towards defraying the several charges which will come in course of payment during the financial year 2013-14, in respect of the services relating to Railways specified in column 2 of the Schedule. 3.The sums authorised to be withdrawn from and out of the Consolidated Fund of India by this Act shall be appropr iated for the services and purposes stated in the Schedule in relation to the said year.Short title. Withdrawal of Rs. 50458,19,68,000 from and out of the Consoli- dated Fund of India for the financial year 2013-14. Appropriation. - 2 - Ex-442/2013 Rs. Rs. Rs. 1.Railway Board42,33,50,000..42,33,50,000 2.Miscellaneous Expenditure (General)149,81,50,00035,17,000 150,16,67,000 3.General Superintendence and Services on Railways986,73,85,000.. 986,73,85,000 4.Repairs and Maintenance of Permanent Way and Works1579,64,05,0005,55,000 1579,69,60,000 5.Repairs and Maintenance of Motive Power732,84,16,000.. 732,84,16,000 6.Repairs and Maintenance of Carriages and Wagons1705,53,93,00033,000 1705,54,26,000 7.Repairs and Maintenance of Plant and Equipment908,34,04,000.. 908,34,04,000 8.Operating Expenses - Rolling Stock and Equipment1414,66,38,000.. 1414,66,38,000 9.Operating Expenses - Traffic4840,89,70,000.. 4840,89,70,000 10. Operating Expenses - Fuel4412,34,94,0002,29,000 4412,37,23,000 11. Staff Welfare and Amenities802,78,12,000.. 802,78,12,000 12. Miscellaneous Working Expenses814,83,46,000 35,33,62,000 850,17,08,000 13. Provident Fund, Pension and Other Retirement Benefits3771,07,88,0008,25,000 3771,16,13,000 14. Appropriation to Funds7110,30,00,000.. 7110,30,00,000 15. Dividend to General Revenues, Repayment of loans taken from General Revenues and Amortisation of Over-Capitalisation4,28,83,000..4,28,83,000 16. Assets - Acquisition, Construction and Replacement - Revenue10,00,00,000..10,00,00,000 Other expenditureCapital17081,12,63,000 14,55,00,000 17095,67,63,000 Railway Funds3706,30,75,00058,42,000 3706,89,17,000 Railway Safety Fund333,28,33,0005,00,000 333,33,33,000 Total :50407,16,05,000 51,03,63,000 50458,19,68,000No. of Vote123 SERVICES AND PURPOSESVoted by ParliamentCharged on the Consoli- dated FundTotal SUMS NOT EXCEEDINGTHE SC HEDULE (See sections 2 and 3) Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Appropriation (Railways) Vote on Account Act, 2013 (Act No. 5 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 442RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page THE APPROPRIATION (RAILWAYS) VOTE ON ACCOUNT ACT, 2013 AN ACTto provide for the withdr awal of certain sums from and out of the Consolidated Fund of India for the services of a part of the financial year 2013-14 for the purposes of Railways. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 1.This Act may be called the Appropriation (Railways) Vote on Account Act, 2013. 2.From and out of the Consolidated Fund of India there may be withdrawn sums not exceeding those specified in column 3 of the Schedule amounting in the aggr egate to the s um of fifty thousand four hundred fifty-eight cror e, nineteen lakh and sixty-eight thousand rupees towards defraying the several charges which will come in course of payment during the financial year 2013-14, in respect of the services relating to Railways specified in column 2 of the Schedule. 3.The sums authorised to be withdrawn from and out of the Consolidated Fund of India by this Act shall be appropr iated for the services and purposes stated in the Schedule in relation to the said year.Short title. Withdrawal of Rs. 50458,19,68,000 from and out of the Consoli- dated Fund of India for the financial year 2013-14. Appropriation. - 2 - Ex-442/2013 Rs. Rs. Rs. 1.Railway Board42,33,50,000..42,33,50,000 2.Miscellaneous Expenditure (General)149,81,50,00035,17,000 150,16,67,000 3.General Superintendence and Services on Railways986,73,85,000.. 986,73,85,000 4.Repairs and Maintenance of Permanent Way and Works1579,64,05,0005,55,000 1579,69,60,000 5.Repairs and Maintenance of Motive Power732,84,16,000.. 732,84,16,000 6.Repairs and Maintenance of Carriages and Wagons1705,53,93,00033,000 1705,54,26,000 7.Repairs and Maintenance of Plant and Equipment908,34,04,000.. 908,34,04,000 8.Operating Expenses - Rolling Stock and Equipment1414,66,38,000.. 1414,66,38,000 9.Operating Expenses - Traffic4840,89,70,000.. 4840,89,70,000 10. Operating Expenses - Fuel4412,34,94,0002,29,000 4412,37,23,000 11. Staff Welfare and Amenities802,78,12,000.. 802,78,12,000 12. Miscellaneous Working Expenses814,83,46,000 35,33,62,000 850,17,08,000 13. Provident Fund, Pension and Other Retirement Benefits3771,07,88,0008,25,000 3771,16,13,000 14. Appropriation to Funds7110,30,00,000.. 7110,30,00,000 15. Dividend to General Revenues, Repayment of loans taken from General Revenues and Amortisation of Over-Capitalisation4,28,83,000..4,28,83,000 16. Assets - Acquisition, Construction and Replacement - Revenue10,00,00,000..10,00,00,000 Other expenditureCapital17081,12,63,000 14,55,00,000 17095,67,63,000 Railway Funds3706,30,75,00058,42,000 3706,89,17,000 Railway Safety Fund333,28,33,0005,00,000 333,33,33,000 Total :50407,16,05,000 51,03,63,000 50458,19,68,000No. of Vote123 SERVICES AND PURPOSESVoted by ParliamentCharged on the Consoli- dated FundTotal SUMS NOT EXCEEDINGTHE SC HEDULE (See sections 2 and 3) Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500The Appropriation (Railway) Act, 2013 (Act No. 6 of 2013)
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Appropriation (Railway) Act, 2013 (Act No. 6 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 443RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page THE APPROPRIATION (RAILWAYS) ACT, 2013 AN ACTto authorise payment and appropr iation of certain fur ther sums from and out of the Consolidated Fund of India for the services of the financial year 2012-13 for the pur poses of Railways. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 1.This Act may be called the Appropriation (Railways) Act, 2013. 2.From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those sp ecified in column 3 of the Schedule amounting in the aggr egate to the su m of two thousa nd eight hundr ed thir teen crore, thirty- five lakh a nd forty-eight thousa nd rupees towar ds defr aying the several cha rges which will come in course of payment during the financial year 2012-13, in respect of t he services relating to Railwa ys specified in column 2 of t he Schedule. 3.The sums authorised to be paid and applied from and out of the Consolidated Fund in India by this Act shall be appropr iated for the services and purposes expr essed in the Schedule in rela tion to the said year.Short title. Issu e of R s. 2813,35,48,000 ou t of the Con- solidated Fu nd of India for the financial year 2012-13. Appropriation. - 2 - Ex-443/2013 Rs. Rs. Rs. 2.Miscellaneous Expenditure (General)..2,81,66,0002,81,66,000 3.General Superintendence and Services on Railways30,93,16,00091,00030,94,07,000 4.Repairs and Maintenance of Permanent Way and Works..18,21,00018,21,000 7.Repairs and Maintenance of Plant and Equipment..17,00017,000 8.Operating Expenses - Rolling Stock and Equipment500,03,24,000.. 500,03,24,000 9.Operating Expenses - Traffic97,27,46,0001,07,01,00098,34,47,000 10. Operating Expenses - Fuel382,61,62,000.. 382,61,62,000 11. Staff Welfare and Amenities..4,69,0004,69,000 12. Miscellaneous Working Expenses.. 26,31,29,00026,31,29,000 13. Provident Fund, Pension and Other Retirement Benefits1456,06,05,000.. 1456,06,05,000 16. Assets - Acquisition, Construction and Replacement Other expenditureCapital265,00,01,000 51,00,00,000 316,00,01,000 Total2731,91,54,000 81,43,94,000 2813,35,48,000No. of Vote123 SERVICES AND PURPOSESVoted by ParliamentCharged on the Consoli- dated FundTotal SUMS NOT EXCEEDINGTHE SC HEDULE (See sections 2 and 3) Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Appropriation (Railway) Act, 2013 (Act No. 6 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 443RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page THE APPROPRIATION (RAILWAYS) ACT, 2013 AN ACTto authorise payment and appropr iation of certain fur ther sums from and out of the Consolidated Fund of India for the services of the financial year 2012-13 for the pur poses of Railways. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 1.This Act may be called the Appropriation (Railways) Act, 2013. 2.From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those sp ecified in column 3 of the Schedule amounting in the aggr egate to the su m of two thousa nd eight hundr ed thir teen crore, thirty- five lakh a nd forty-eight thousa nd rupees towar ds defr aying the several cha rges which will come in course of payment during the financial year 2012-13, in respect of t he services relating to Railwa ys specified in column 2 of t he Schedule. 3.The sums authorised to be paid and applied from and out of the Consolidated Fund in India by this Act shall be appropr iated for the services and purposes expr essed in the Schedule in rela tion to the said year.Short title. Issu e of R s. 2813,35,48,000 ou t of the Con- solidated Fu nd of India for the financial year 2012-13. Appropriation. - 2 - Ex-443/2013 Rs. Rs. Rs. 2.Miscellaneous Expenditure (General)..2,81,66,0002,81,66,000 3.General Superintendence and Services on Railways30,93,16,00091,00030,94,07,000 4.Repairs and Maintenance of Permanent Way and Works..18,21,00018,21,000 7.Repairs and Maintenance of Plant and Equipment..17,00017,000 8.Operating Expenses - Rolling Stock and Equipment500,03,24,000.. 500,03,24,000 9.Operating Expenses - Traffic97,27,46,0001,07,01,00098,34,47,000 10. Operating Expenses - Fuel382,61,62,000.. 382,61,62,000 11. Staff Welfare and Amenities..4,69,0004,69,000 12. Miscellaneous Working Expenses.. 26,31,29,00026,31,29,000 13. Provident Fund, Pension and Other Retirement Benefits1456,06,05,000.. 1456,06,05,000 16. Assets - Acquisition, Construction and Replacement Other expenditureCapital265,00,01,000 51,00,00,000 316,00,01,000 Total2731,91,54,000 81,43,94,000 2813,35,48,000No. of Vote123 SERVICES AND PURPOSESVoted by ParliamentCharged on the Consoli- dated FundTotal SUMS NOT EXCEEDINGTHE SC HEDULE (See sections 2 and 3) Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500The Appropriation (Railway) No. 2 Act, 2013 (Act No. 7 of 2013)
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Appropriation (Railway) No. 2 Act, 2013 (Act No. 7 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE APPROPRIATION (RAILWAY) NO. 2 ACT, 2013 The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 444RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page AN ACTto provide for authorisation of appropriation of moneys out of the Consolidated Fund of India to meet the amounts spent on certain services for the purposes of R ailways during the fina ncial year ended on the 31st da y of Ma rch, 2011 in excess of the amounts granted for those services and for that year. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 1.This Act may be called the Appropriation (Railways) No. 2 Act, 2013. 2.From and out of the Consolidated Fund of India the sums specified in column 3 of the Schedule amounting in the aggregate to the sum of three thousand and fift y-six crore, eighty-five lakh, eighty-seven thousand, six hundred and twenty- six rupees shall be deemed to have been a uthorised to be paid and applied to meet the amounts spent for defr aying the charges in r espect of the services relating to Railways specified in column 2 of the S chedule during the financial year ended on the 31st day of Ma rch, 2011 in excess of t he amounts granted for those ser vices and for that year.Short title. Issu e of R s. 3056,85,87,626 ou t of the Con- solidated Fu nd of India to meet certain expenditure for the financial year ended on the 31st day of March, 2011. - 2 - Ex-444/2013 Rs. Rs. Rs. 3General Superintendence and Services on Railways5,13,23,77820,97,8425,34,21,620 4Repairs and Maintenance of Permanent Way and Works5,67,47,772..5,67,47,772 5Repairs and Maintenance of Motive Power73,28,28,634..73,28,28,634 6Repairs and Maintenance of Carriages and Wagons221,26,08,2514,56,116 221,30,64,367 7Repairs and Maintenance of Plant and Equipment39,72,37,2841,49,04539,73,86,329 8Operating Expenses - Rolling Stock and Equipment184,54,91,59751,277 184,55,42,874 10Operating Expenses - Fuel414,80,05,059.. 414,80,05,059 11Staff Welfare and Amenities53,38,80,412..53,38,80,412 12Miscellaneous Working Expenses645,53,31,8919,26,26,750 654,79,58,641 13Provident Fund, Pension and Other Retirement Benefits1403,97,51,918.. 1403,97,51,918 Total3047,32,06,5969,53,81,030 3056,85,87,626No. of Vote123 SERVICES AND PURPOSESVoted by ParliamentCharged on the Consoli- dated FundTotal SUMS NOT EXCEEDINGTHE SC HEDULE (See sections 2 and 3) Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/5003.The sums deemed to have been authorised to be pa id and a pplied from and out of the Consolidated Fund of India by this Act shall be deemed to have been a ppropria ted for the services and purposes expr essed in the Schedule in relation to the fina ncial year ended on the 31st da y of M arch, 2011. Appropriation.
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Appropriation (Railway) No. 2 Act, 2013 (Act No. 7 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE APPROPRIATION (RAILWAY) NO. 2 ACT, 2013 The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 444RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page AN ACTto provide for authorisation of appropriation of moneys out of the Consolidated Fund of India to meet the amounts spent on certain services for the purposes of R ailways during the fina ncial year ended on the 31st da y of Ma rch, 2011 in excess of the amounts granted for those services and for that year. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 1.This Act may be called the Appropriation (Railways) No. 2 Act, 2013. 2.From and out of the Consolidated Fund of India the sums specified in column 3 of the Schedule amounting in the aggregate to the sum of three thousand and fift y-six crore, eighty-five lakh, eighty-seven thousand, six hundred and twenty- six rupees shall be deemed to have been a uthorised to be paid and applied to meet the amounts spent for defr aying the charges in r espect of the services relating to Railways specified in column 2 of the S chedule during the financial year ended on the 31st day of Ma rch, 2011 in excess of t he amounts granted for those ser vices and for that year.Short title. Issu e of R s. 3056,85,87,626 ou t of the Con- solidated Fu nd of India to meet certain expenditure for the financial year ended on the 31st day of March, 2011. - 2 - Ex-444/2013 Rs. Rs. Rs. 3General Superintendence and Services on Railways5,13,23,77820,97,8425,34,21,620 4Repairs and Maintenance of Permanent Way and Works5,67,47,772..5,67,47,772 5Repairs and Maintenance of Motive Power73,28,28,634..73,28,28,634 6Repairs and Maintenance of Carriages and Wagons221,26,08,2514,56,116 221,30,64,367 7Repairs and Maintenance of Plant and Equipment39,72,37,2841,49,04539,73,86,329 8Operating Expenses - Rolling Stock and Equipment184,54,91,59751,277 184,55,42,874 10Operating Expenses - Fuel414,80,05,059.. 414,80,05,059 11Staff Welfare and Amenities53,38,80,412..53,38,80,412 12Miscellaneous Working Expenses645,53,31,8919,26,26,750 654,79,58,641 13Provident Fund, Pension and Other Retirement Benefits1403,97,51,918.. 1403,97,51,918 Total3047,32,06,5969,53,81,030 3056,85,87,626No. of Vote123 SERVICES AND PURPOSESVoted by ParliamentCharged on the Consoli- dated FundTotal SUMS NOT EXCEEDINGTHE SC HEDULE (See sections 2 and 3) Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/5003.The sums deemed to have been authorised to be pa id and a pplied from and out of the Consolidated Fund of India by this Act shall be deemed to have been a ppropria ted for the services and purposes expr essed in the Schedule in relation to the fina ncial year ended on the 31st da y of M arch, 2011. Appropriation.The Appropriation (Vote on Account) Act, 2013 (Act No. 8 of 2013)
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Appropriation (Vote on Account) Act, 2013 (Act No. 8 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE APPROPRIATION (VOTE ON ACCOUNT) ACT, 2013 The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 445RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page AN ACTto provide for the withdr awal of certain sums from and out of the Consolidated Fund of India for the services of a part of the financial year 2013-14. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 1.This Act may be called the Appropriation (Vote on Account) Act, 2013. 2.From and out of the Consolidated Fund of India there may be withdrawn sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of ten lakh seventy-one thousand seven hundred ninety- seven crore and sixty-six lakh rupees towards defraying the several charges which will come in course of pa yment during the financial year 2013-14. 3.The sums authorised to be withdrawn from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year. 4.References to the Ministr ies or Departments in the Schedule are to such Ministries or Depa rtments as existing immediately before the 29th August, 2012 and shall, on or a fter that date, be construed as references to the appropr iate Ministries or Departments as constituted from time to time.Short title. Withdrawal of Rs. 1071797, 66, 00,000 from and out of the Consolidated Fund of India for the financia l year2013-14. Appropriation. Construction of references to Ministries or Departments in the Schedule. - 2 - Ex-445/2013 Rs. Rs. Rs. 1 Department of Agriculture and Cooperation...Revenue4155,22,00,000.. 4155,22,00,000 Capital9,86,00,000..9,86,00,000 2 Department of Agricultural Research and EducationRevenue941,53,00,000.. 941,53,00,000 3 Department of Animal Husbandry, Dairying and FisheriesRevenue422,40,00,000.. 422,40,00,000 Capital4,46,00,000..4,46,00,000 4 Atomic EnergyRevenue1187,54,00,00017,00,0001187,71,00,000 Capital722,02,00,00017,00,000722,19,00,000 5 Nuclear Power SchemesRevenue657,19,00,000.. 657,19,00,000 Capital49,61,00,000..49,61,00,000 6 Department of Chemicals and Petrochemicals..Revenue1055,49,00,000.. 1055,49,00,000 Capital1,67,00,000..1,67,00,000 7 Department of FertilisersRevenue 22000,00,00,000.. 22000,00,00,000 Capital42,25,00,000..42,25,00,000 8 Department of PharmaceuticalsRevenue33,11,00,000..33,11,00,000 Capital4,95,00,000..4,95,00,000 9 Ministry of Civil AviationRevenue142,07,00,000.. 142,07,00,000 Capital838,30,00,000.. 838,30,00,000 10 Ministry of CoalRevenue82,95,00,000..82,95,00,000 Capital8,33,00,000..8,33,00,000 11 Department of CommerceRevenue730,63,00,0008,00,000730,71,00,000 Capital168,83,00,000.. 168,83,00,000 12 Department of Industrial Policy and Promotion..Revenue235,55,00,000.. 235,55,00,000 Capital50,50,00,000..50,50,00,000 13 Department of PostsRevenue2812,66,00,0003,00,0002812,69,00,000 Capital72,22,00,000..72,22,00,000 14 Department of TelecommunicationsRevenue2032,14,00,000.. 2032,14,00,000 Capital418,38,00,000.. 418,38,00,000 15 Department of Electronics and Information Technology Revenue478,75,00,000.. 478,75,00,000 Capital29,92,00,000..29,92,00,000 16 Department of Consumer AffairsRevenue97,16,00,000..97,16,00,000 Capital3,29,00,000..3,29,00,000 17 Department of Food and Public DistributionRevenue 19651,07,00,00022,00,00019651,29,00,000 Capital1773,59,00,000.. 1773,59,00,000 18 Ministry of Corporate AffairsRevenue40,04,00,000..40,04,00,000 Capital4,99,00,000..4,99,00,000 19 Ministry of CultureRevenue337,17,00,000.. 337,17,00,000 Capital6,50,00,000..6,50,00,000 20 Ministry of DefenceRevenue3592,19,00,0004,00,0003592,23,00,000 Capital306,40,00,000.. 306,40,00,000 21 Defence PensionsRevenue7416,55,00,00012,00,0007416,67,00,000No. of Vote123 SERVICES AND PURPOSESVoted by Parlia- mentCharged on the Consoli- dated FundTotal SUMS NOT EXCEEDINGTHE SC HEDULE (See sections 2, 3 and 4) - 3 -Ex-445/2013 22 Defence Services—ArmyRevenue 14265,34,00,0007,82,00,00014273,16,00,000 23 Defence Services—NavyRevenue2063,57,00,0002,17,00,0002065,74,00,000 24 Defence Services—Air ForceRevenue 3149,44,00,00062,00,0003150,06,00,000 25 Defence Ordnance FactoriesRevenue 1709,27,00,00087,00,0001710,14,00,000 26 Defence Services—Research and DevelopmentRevenue932,83,00,00010,00,000932,93,00,000 27 Capital Outlay on Defence ServicesCapital 18921,25,00,0009,24,00,00018930,49,00,000 28 Ministry of Development of North Eastern RegionRevenue308,00,00,000.. 308,00,00,000 Capital58,83,00,000..58,83,00,000 29 Ministry of Drinking Water and SanitationRevenue 2544,28,00,000.. 2544,28,00,000 30 Ministry of Earth SciencesRevenue203,09,00,0002,00,000203,11,00,000 Capital33,52,00,000..33,52,00,000 31 Ministry of Environment and ForestsRevenue469,02,00,000.. 469,02,00,000 Capital11,51,00,000..11,51,00,000 32 Ministry of External AffairsRevenue 2501,60,00,0001,00,0002501,61,00,000 Capital361,25,00,000.. 361,25,00,000 33 Department of Economic AffairsRevenue 1477,52,00,000.. 1477,52,00,000 Capital 57715,14,00,000.. 57715,14,00,000 34 Department of Financial ServicesRevenue 1244,83,00,000.. 1244,83,00,000 Capital4983,40,00,000.. 4983,40,00,000 CHARGED—Interest PaymentsRevenue..64166,74,00,00064166,74,00,000 36 Transfers to State and Union territory GovernmentsRevenue 17923,66,00,00011643,70,00,00029567,36,00,000 Capital..2900,00,00,0002900,00,00,000 37 Loans to Government Servants, etcCapital37,50,00,000..37,50,00,000 CHARGED—Repayment of DebtCapital..669041,42,00,000669041,42,00,000 39 Department of ExpenditureRevenue23,35,00,000..23,35,00,000 40 PensionsRevenue 3492,33,00,00015,83,00,0003508,16,00,000 41 Indian Audit and Accounts DepartmentRevenue449,48,00,00016,28,00,000465,76,00,000 Capital1,67,00,000..1,67,00,000 42 Department of RevenueRevenue 1686,20,00,000.. 1686,20,00,000 Capital16,79,00,000..16,79,00,000 43 DirectTaxesRevenue628,65,00,000.. 628,65,00,000 Capital356,35,00,000.. 356,35,00,000 44 Indirect TaxesRevenue638,29,00,0008,00,000638,37,00,000 Capital24,88,00,000..24,88,00,000 45 Department of DisinvestmentRevenue10,54,00,000..10,54,00,000 46 Ministry of Food Processing IndustriesRevenue119,85,00,000.. 119,85,00,000 47 Department of Health and Family WelfareRevenue 5502,05,00,000.. 5502,05,00,000 Capital477,11,00,000.. 477,11,00,000 48 Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH)...Revenue208,20,00,000.. 208,20,00,000 Capital1,57,00,000..1,57,00,000 49 Department of Health ResearchRevenue168,00,00,000.. 168,00,00,000 50 Department of AIDS ControlRevenue295,00,00,000.. 295,00,00,000 Capital2,50,00,000..2,50,00,000 51 Department of Heavy IndustryRevenue76,82,00,000..76,82,00,000 Capital94,59,00,000..94,59,00,000 52 Department of Public EnterprisesRevenue3,23,00,000..3,23,00,000 53 Ministry of Home AffairsRevenue351,60,00,000.. 351,60,00,000 Capital37,55,00,000..37,55,00,000 54 CabinetRevenue67,17,00,000..67,17,00,000 55 PoliceRevenue 7480,74,00,0001,66,00,0007482,40,00,000 Capital1632,38,00,00049,00,0001632,87,00,000 - 4 - Ex-445/2013 56 Other Expenditure of the Ministry of Home AffairsRevenue328,19,00,0001,00,000328,20,00,000 Capital16,82,00,000..16,82,00,000 57 Transfers to Union territory GovernmentsRevenue377,13,00,000.. 377,13,00,000 Capital12,00,00,000..12,00,00,000 58 Ministry of Housing and Urban Poverty AlleviationRevenue244,67,00,000.. 244,67,00,000 59 Department of School Education and LiteracyRevenue 24666,79,00,000.. 24666,79,00,000 60 Department of Higher EducationRevenue4458,33,00,000.. 4458,33,00,000 61 Ministry of Information and BroadcastingRevenue502,72,00,000.. 502,72,00,000 Capital4,80,00,000..4,80,00,000 62 Ministry of Labour and EmploymentRevenue875,79,00,000.. 875,79,00,000 Capital3,24,00,000..3,24,00,000 63 Election CommissionRevenue11,25,00,000..11,25,00,000 Capital17,00,000.. . 17,00,000 64 Law and JusticeRevenue300,91,00,000.. 300,91,00,000 Capital1,67,00,000..1,67,00,000 CHARGED.—Supreme Court of IndiaRevenue..21,57,00,00021,57,00,000 66 Ministry of Micro, Small and Medium EnterprisesRevenue535,15,00,000.. 535,15,00,000 Capital13,13,00,000..13,13,00,000 67 Ministry of MinesRevenue124,08,00,0001,00,000124,09,00,000 Capital137,05,00,000.. 137,05,00,000 68 Ministry of Minority AffairsRevenue568,50,00,000.. 568,50,00,000 Capital20,00,00,000..20,00,00,000 69 Ministry of New and Renewable EnergyRevenue239,01,00,000.. 239,01,00,000 Capital16,58,00,000..16,58,00,000 70 Ministry of Overseas Indian AffairsRevenue15,97,00,000..15,97,00,000 Capital3,33,00,000..3.33,00,000 71 Ministry of Panchayati RajRevenue1166,78,00,000.. 1166,78,00,000 72 Ministry of Parliamentary AffairsRevenue2,21,00,000..2,21,00,000 73 Ministry of Personnel, Public Grievances and Pensions Revenue149,18,00,0003,33,00,000152,51,00,000 Capital20,85,00,00083,00,00021,68,00,000 74 Ministry of Petroleum and Natural GasRevenue 10864,57,00,000.. 10864,57,00,000 Capital17,00,000..17,00,000 75 Ministry of PlanningRevenue1196,92,00,000.. 1196,92,00,000 Capital150,00,00,000.. 150,00,00,000 76 Ministry of PowerRevenue1001,59,00,000.. 1001,59,00,000 Capital463,01,00,000.. 463,01,00,000 CHARGED.—Staff, Household and Allowances of the PresidentRevenue..5,76,00,0005,76,00,000 78 Lok SabhaRevenue89,19,00,00015,00,00089,34,00,000 79 Rajya SabhaRevenue50,06,00,00016,00,00050,22,00,000 CHARGED.— Union Public Service CommissionRevenue..26,32,00,00026,32,00,000 81 Secretariat of the Vice-PresidentRevenue63,00,000..63,00,000 82 Ministry of Road Transport and HighwaysRevenue2765,35,00,000.. 2765,35,00,000 Capital5377,19,00,0001,67,00,0005378,86,00,000 83 Department of Rural DevelopmentRevenue 24384,13,00,000.. 24384,13,00,000 84 Department of Land ResourcesRevenue962,14,00,000.. 962,14,00,000 85 Department of Science and TechnologyRevenue478,70,00,000.. 478,70,00,000 Capital3,86,00,000..3,86,00,000 86 Department of Scientific and Industrial ResearchRevenue593,55,00,000.. 593,55,00,000 Capital1,62,00,000..1,62,00,000 87 Department of BiotechnologyRevenue250,34,00,000.. 250,34,00,000 88 Ministry of ShippingRevenue232,05,00,000.. 232,05,00,000 Capital86,40,00,000..86,40,00,000 - 5 -Ex-445/2013 89 Ministry of Social Justice and Empowerment...Revenue1065,20,00,000..1065,20,00,000 Capital50,83,00,000..50,83,00,000 90 Department of SpaceRevenue508,70,00,0008,00,000508,78,00,000 Capital623,16,00,0007,00,000623,23,00,000 91 Ministry of Statistics and Programme Implementation Revenue1129,09,00,000..1129,09,00,000 Capital2,69,00,000..2,69,00,000 92 Ministry of SteelRevenue19,83,00,000 ..19,83,00,000 93 Ministry of TextilesRevenue912,48,00,000..912,48,00,000 94 Ministry of TourismRevenue225,88,00,000..225,88,00,000 Capital33,00,000..33,00,000 95 Ministry of Tribal AffairsRevenue73,95,00,000630,37,00,000704,32,00,000 Capital11,67,00,000..11,67,00,000 96 Andaman and Nicobar IslandsRevenue438,62,00,000..438,62,00,000 Capital111,95,00,000..111,95,00,000 97 ChandigarhRevenue487,09,00,0003,32,00,000490,41,00,000 Capital91,52,00,0001,00,00091,53,00,000 98 Dadra and Nagar HaveliRevenue93,01,00,000..93,01,00,000 Capital41,14,00,000..41,14,00,000 99 Daman and DiuRevenue198,79,00,000..198,79,00,000 Capital61,13,00,000..61,13,00,000 100 LakshadweepRevenue129,74,00,000..129,74,00,000 Capital41,05,00,000..41,05,00,000 101 Department of Urban DevelopmentRevenue213,55,00,0007,40,00,000220,95,00,000 Capital1266,51,00,0004,32,00,0001270,83,00,000 102 PublicWorksRevenue244,92,00,00017,00,000245,09,00,000 Capital93,04,00,00017,00,00093,21,00,000 103 Stationery and PrintingRevenue43,34,00,000..43,34,00,000 Capital18,00,000..18,00,000 104 Ministry of Water ResourcesRevenue317,02,00,000..317,02,00,000 Capital32,76,00,00067,00,00033,43,00,000 105 Ministry of Women and Child DevelopmentRevenue3405,00,00,000..3405,00,00,000 106 Ministry of Youth Affairs and SportsRevenue202,08,00,000..202,08,00,000 Capital15,00,000..15,00,000 TOTAL:323283,39,00,000748514,27,00,0001071797,66,00,000Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. H. 12017/55/2012-LJD, the 16th August, 2013.The following Centra l Act is hereby re- published for general information. The Appropriation (Vote on Account) Act, 2013 (Act No. 8 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE APPROPRIATION (VOTE ON ACCOUNT) ACT, 2013 The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 22.8.2013 Sravana 31, S.E. 1935, Issue No. 445RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page AN ACTto provide for the withdr awal of certain sums from and out of the Consolidated Fund of India for the services of a part of the financial year 2013-14. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 1.This Act may be called the Appropriation (Vote on Account) Act, 2013. 2.From and out of the Consolidated Fund of India there may be withdrawn sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of ten lakh seventy-one thousand seven hundred ninety- seven crore and sixty-six lakh rupees towards defraying the several charges which will come in course of pa yment during the financial year 2013-14. 3.The sums authorised to be withdrawn from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year. 4.References to the Ministr ies or Departments in the Schedule are to such Ministries or Depa rtments as existing immediately before the 29th August, 2012 and shall, on or a fter that date, be construed as references to the appropr iate Ministries or Departments as constituted from time to time.Short title. Withdrawal of Rs. 1071797, 66, 00,000 from and out of the Consolidated Fund of India for the financia l year2013-14. Appropriation. Construction of references to Ministries or Departments in the Schedule. - 2 - Ex-445/2013 Rs. Rs. Rs. 1 Department of Agriculture and Cooperation...Revenue4155,22,00,000.. 4155,22,00,000 Capital9,86,00,000..9,86,00,000 2 Department of Agricultural Research and EducationRevenue941,53,00,000.. 941,53,00,000 3 Department of Animal Husbandry, Dairying and FisheriesRevenue422,40,00,000.. 422,40,00,000 Capital4,46,00,000..4,46,00,000 4 Atomic EnergyRevenue1187,54,00,00017,00,0001187,71,00,000 Capital722,02,00,00017,00,000722,19,00,000 5 Nuclear Power SchemesRevenue657,19,00,000.. 657,19,00,000 Capital49,61,00,000..49,61,00,000 6 Department of Chemicals and Petrochemicals..Revenue1055,49,00,000.. 1055,49,00,000 Capital1,67,00,000..1,67,00,000 7 Department of FertilisersRevenue 22000,00,00,000.. 22000,00,00,000 Capital42,25,00,000..42,25,00,000 8 Department of PharmaceuticalsRevenue33,11,00,000..33,11,00,000 Capital4,95,00,000..4,95,00,000 9 Ministry of Civil AviationRevenue142,07,00,000.. 142,07,00,000 Capital838,30,00,000.. 838,30,00,000 10 Ministry of CoalRevenue82,95,00,000..82,95,00,000 Capital8,33,00,000..8,33,00,000 11 Department of CommerceRevenue730,63,00,0008,00,000730,71,00,000 Capital168,83,00,000.. 168,83,00,000 12 Department of Industrial Policy and Promotion..Revenue235,55,00,000.. 235,55,00,000 Capital50,50,00,000..50,50,00,000 13 Department of PostsRevenue2812,66,00,0003,00,0002812,69,00,000 Capital72,22,00,000..72,22,00,000 14 Department of TelecommunicationsRevenue2032,14,00,000.. 2032,14,00,000 Capital418,38,00,000.. 418,38,00,000 15 Department of Electronics and Information Technology Revenue478,75,00,000.. 478,75,00,000 Capital29,92,00,000..29,92,00,000 16 Department of Consumer AffairsRevenue97,16,00,000..97,16,00,000 Capital3,29,00,000..3,29,00,000 17 Department of Food and Public DistributionRevenue 19651,07,00,00022,00,00019651,29,00,000 Capital1773,59,00,000.. 1773,59,00,000 18 Ministry of Corporate AffairsRevenue40,04,00,000..40,04,00,000 Capital4,99,00,000..4,99,00,000 19 Ministry of CultureRevenue337,17,00,000.. 337,17,00,000 Capital6,50,00,000..6,50,00,000 20 Ministry of DefenceRevenue3592,19,00,0004,00,0003592,23,00,000 Capital306,40,00,000.. 306,40,00,000 21 Defence PensionsRevenue7416,55,00,00012,00,0007416,67,00,000No. of Vote123 SERVICES AND PURPOSESVoted by Parlia- mentCharged on the Consoli- dated FundTotal SUMS NOT EXCEEDINGTHE SC HEDULE (See sections 2, 3 and 4) - 3 -Ex-445/2013 22 Defence Services—ArmyRevenue 14265,34,00,0007,82,00,00014273,16,00,000 23 Defence Services—NavyRevenue2063,57,00,0002,17,00,0002065,74,00,000 24 Defence Services—Air ForceRevenue 3149,44,00,00062,00,0003150,06,00,000 25 Defence Ordnance FactoriesRevenue 1709,27,00,00087,00,0001710,14,00,000 26 Defence Services—Research and DevelopmentRevenue932,83,00,00010,00,000932,93,00,000 27 Capital Outlay on Defence ServicesCapital 18921,25,00,0009,24,00,00018930,49,00,000 28 Ministry of Development of North Eastern RegionRevenue308,00,00,000.. 308,00,00,000 Capital58,83,00,000..58,83,00,000 29 Ministry of Drinking Water and SanitationRevenue 2544,28,00,000.. 2544,28,00,000 30 Ministry of Earth SciencesRevenue203,09,00,0002,00,000203,11,00,000 Capital33,52,00,000..33,52,00,000 31 Ministry of Environment and ForestsRevenue469,02,00,000.. 469,02,00,000 Capital11,51,00,000..11,51,00,000 32 Ministry of External AffairsRevenue 2501,60,00,0001,00,0002501,61,00,000 Capital361,25,00,000.. 361,25,00,000 33 Department of Economic AffairsRevenue 1477,52,00,000.. 1477,52,00,000 Capital 57715,14,00,000.. 57715,14,00,000 34 Department of Financial ServicesRevenue 1244,83,00,000.. 1244,83,00,000 Capital4983,40,00,000.. 4983,40,00,000 CHARGED—Interest PaymentsRevenue..64166,74,00,00064166,74,00,000 36 Transfers to State and Union territory GovernmentsRevenue 17923,66,00,00011643,70,00,00029567,36,00,000 Capital..2900,00,00,0002900,00,00,000 37 Loans to Government Servants, etcCapital37,50,00,000..37,50,00,000 CHARGED—Repayment of DebtCapital..669041,42,00,000669041,42,00,000 39 Department of ExpenditureRevenue23,35,00,000..23,35,00,000 40 PensionsRevenue 3492,33,00,00015,83,00,0003508,16,00,000 41 Indian Audit and Accounts DepartmentRevenue449,48,00,00016,28,00,000465,76,00,000 Capital1,67,00,000..1,67,00,000 42 Department of RevenueRevenue 1686,20,00,000.. 1686,20,00,000 Capital16,79,00,000..16,79,00,000 43 DirectTaxesRevenue628,65,00,000.. 628,65,00,000 Capital356,35,00,000.. 356,35,00,000 44 Indirect TaxesRevenue638,29,00,0008,00,000638,37,00,000 Capital24,88,00,000..24,88,00,000 45 Department of DisinvestmentRevenue10,54,00,000..10,54,00,000 46 Ministry of Food Processing IndustriesRevenue119,85,00,000.. 119,85,00,000 47 Department of Health and Family WelfareRevenue 5502,05,00,000.. 5502,05,00,000 Capital477,11,00,000.. 477,11,00,000 48 Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH)...Revenue208,20,00,000.. 208,20,00,000 Capital1,57,00,000..1,57,00,000 49 Department of Health ResearchRevenue168,00,00,000.. 168,00,00,000 50 Department of AIDS ControlRevenue295,00,00,000.. 295,00,00,000 Capital2,50,00,000..2,50,00,000 51 Department of Heavy IndustryRevenue76,82,00,000..76,82,00,000 Capital94,59,00,000..94,59,00,000 52 Department of Public EnterprisesRevenue3,23,00,000..3,23,00,000 53 Ministry of Home AffairsRevenue351,60,00,000.. 351,60,00,000 Capital37,55,00,000..37,55,00,000 54 CabinetRevenue67,17,00,000..67,17,00,000 55 PoliceRevenue 7480,74,00,0001,66,00,0007482,40,00,000 Capital1632,38,00,00049,00,0001632,87,00,000 - 4 - Ex-445/2013 56 Other Expenditure of the Ministry of Home AffairsRevenue328,19,00,0001,00,000328,20,00,000 Capital16,82,00,000..16,82,00,000 57 Transfers to Union territory GovernmentsRevenue377,13,00,000.. 377,13,00,000 Capital12,00,00,000..12,00,00,000 58 Ministry of Housing and Urban Poverty AlleviationRevenue244,67,00,000.. 244,67,00,000 59 Department of School Education and LiteracyRevenue 24666,79,00,000.. 24666,79,00,000 60 Department of Higher EducationRevenue4458,33,00,000.. 4458,33,00,000 61 Ministry of Information and BroadcastingRevenue502,72,00,000.. 502,72,00,000 Capital4,80,00,000..4,80,00,000 62 Ministry of Labour and EmploymentRevenue875,79,00,000.. 875,79,00,000 Capital3,24,00,000..3,24,00,000 63 Election CommissionRevenue11,25,00,000..11,25,00,000 Capital17,00,000.. . 17,00,000 64 Law and JusticeRevenue300,91,00,000.. 300,91,00,000 Capital1,67,00,000..1,67,00,000 CHARGED.—Supreme Court of IndiaRevenue..21,57,00,00021,57,00,000 66 Ministry of Micro, Small and Medium EnterprisesRevenue535,15,00,000.. 535,15,00,000 Capital13,13,00,000..13,13,00,000 67 Ministry of MinesRevenue124,08,00,0001,00,000124,09,00,000 Capital137,05,00,000.. 137,05,00,000 68 Ministry of Minority AffairsRevenue568,50,00,000.. 568,50,00,000 Capital20,00,00,000..20,00,00,000 69 Ministry of New and Renewable EnergyRevenue239,01,00,000.. 239,01,00,000 Capital16,58,00,000..16,58,00,000 70 Ministry of Overseas Indian AffairsRevenue15,97,00,000..15,97,00,000 Capital3,33,00,000..3.33,00,000 71 Ministry of Panchayati RajRevenue1166,78,00,000.. 1166,78,00,000 72 Ministry of Parliamentary AffairsRevenue2,21,00,000..2,21,00,000 73 Ministry of Personnel, Public Grievances and Pensions Revenue149,18,00,0003,33,00,000152,51,00,000 Capital20,85,00,00083,00,00021,68,00,000 74 Ministry of Petroleum and Natural GasRevenue 10864,57,00,000.. 10864,57,00,000 Capital17,00,000..17,00,000 75 Ministry of PlanningRevenue1196,92,00,000.. 1196,92,00,000 Capital150,00,00,000.. 150,00,00,000 76 Ministry of PowerRevenue1001,59,00,000.. 1001,59,00,000 Capital463,01,00,000.. 463,01,00,000 CHARGED.—Staff, Household and Allowances of the PresidentRevenue..5,76,00,0005,76,00,000 78 Lok SabhaRevenue89,19,00,00015,00,00089,34,00,000 79 Rajya SabhaRevenue50,06,00,00016,00,00050,22,00,000 CHARGED.— Union Public Service CommissionRevenue..26,32,00,00026,32,00,000 81 Secretariat of the Vice-PresidentRevenue63,00,000..63,00,000 82 Ministry of Road Transport and HighwaysRevenue2765,35,00,000.. 2765,35,00,000 Capital5377,19,00,0001,67,00,0005378,86,00,000 83 Department of Rural DevelopmentRevenue 24384,13,00,000.. 24384,13,00,000 84 Department of Land ResourcesRevenue962,14,00,000.. 962,14,00,000 85 Department of Science and TechnologyRevenue478,70,00,000.. 478,70,00,000 Capital3,86,00,000..3,86,00,000 86 Department of Scientific and Industrial ResearchRevenue593,55,00,000.. 593,55,00,000 Capital1,62,00,000..1,62,00,000 87 Department of BiotechnologyRevenue250,34,00,000.. 250,34,00,000 88 Ministry of ShippingRevenue232,05,00,000.. 232,05,00,000 Capital86,40,00,000..86,40,00,000 - 5 -Ex-445/2013 89 Ministry of Social Justice and Empowerment...Revenue1065,20,00,000..1065,20,00,000 Capital50,83,00,000..50,83,00,000 90 Department of SpaceRevenue508,70,00,0008,00,000508,78,00,000 Capital623,16,00,0007,00,000623,23,00,000 91 Ministry of Statistics and Programme Implementation Revenue1129,09,00,000..1129,09,00,000 Capital2,69,00,000..2,69,00,000 92 Ministry of SteelRevenue19,83,00,000 ..19,83,00,000 93 Ministry of TextilesRevenue912,48,00,000..912,48,00,000 94 Ministry of TourismRevenue225,88,00,000..225,88,00,000 Capital33,00,000..33,00,000 95 Ministry of Tribal AffairsRevenue73,95,00,000630,37,00,000704,32,00,000 Capital11,67,00,000..11,67,00,000 96 Andaman and Nicobar IslandsRevenue438,62,00,000..438,62,00,000 Capital111,95,00,000..111,95,00,000 97 ChandigarhRevenue487,09,00,0003,32,00,000490,41,00,000 Capital91,52,00,0001,00,00091,53,00,000 98 Dadra and Nagar HaveliRevenue93,01,00,000..93,01,00,000 Capital41,14,00,000..41,14,00,000 99 Daman and DiuRevenue198,79,00,000..198,79,00,000 Capital61,13,00,000..61,13,00,000 100 LakshadweepRevenue129,74,00,000..129,74,00,000 Capital41,05,00,000..41,05,00,000 101 Department of Urban DevelopmentRevenue213,55,00,0007,40,00,000220,95,00,000 Capital1266,51,00,0004,32,00,0001270,83,00,000 102 PublicWorksRevenue244,92,00,00017,00,000245,09,00,000 Capital93,04,00,00017,00,00093,21,00,000 103 Stationery and PrintingRevenue43,34,00,000..43,34,00,000 Capital18,00,000..18,00,000 104 Ministry of Water ResourcesRevenue317,02,00,000..317,02,00,000 Capital32,76,00,00067,00,00033,43,00,000 105 Ministry of Women and Child DevelopmentRevenue3405,00,00,000..3405,00,00,000 106 Ministry of Youth Affairs and SportsRevenue202,08,00,000..202,08,00,000 Capital15,00,000..15,00,000 TOTAL:323283,39,00,000748514,27,00,0001071797,66,00,000Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. 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