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. 453 NOTIFICATIONNo.H.12017/55/2012-LJD, the 16th August, 2013.The following Act is hereby publis hed for gen- eral information. The Appropriation (No. 3) Act, 2013 (Act No. 16 of 2013) Zahmingthanga Ralte, Deputy Secretary to the Govt. of Mizoram. THE APPROPRIATION (No. 3) ACT, 2013 AN ACT to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of India for the services 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 (No. 3) Act. 2013. 2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in col- umn 3 of the Schedule amounting in the aggregate [inclusive of the sums specified in column 3 of the Schedule to t he Appropr iation (Vote on Account) Act, 2013] to the sum of fifty-eight lakh seventy- eight thousand four hundred and fifty-five crore and fifty-four lakh rupees towar ds defra ying the severa l charges which will come in course of payment during the financial year 2013-2014 in respect of the services specified in column 2 of the Schedule.Short title. Issue of Rs. 5878455,54,00,000 out of the con soli- dated Fund of India for the year 2013-14. 8 of 2013. Ex-453/20132 3. The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year. 4. References to Ministries or Departments in the Schedule are to such Ministries of Department as existing immediately before the 29th August, 2012 and shall, on or after that date, be construed as references to the appropria te Ministries or Departments as recon- stituted from time to time.Appropriation. Construction of references to Ministries and Departments in the Schedule. THE SCHEDULE (See section 2, 3 and 4) 123 Sums not exceeding No. of VoteRs.Rs.Rs. 1Department of Agriculture and Cooperation Revenue 21874,34,00,00021874,34,00,000 Capital59,16,00,00059,16,00,000 2Department of Agriculture Research andRevenue 5729,17,00,0005729,17,00,000 Education 3Department of Animal Husbandry, Dairying and Fisheries................................................. Revenue 2534,47,00,0002534,47,00,000 Capital26,74,00,000..26,74,00,000 4Atomic Energy ............................................. Revenue 6636,35,00,000 1,00,00,0006637,35,00,000 Capital4111,29,00,000 1,00,00,0004112,29,00,000 5Nuclear Power Schemes .............................. Revenue 3943,15,00,000..3943,15,00,000 Capital297,67,00,000..297,67,00,000 6Department of Chemicals andPetrochemicalsRevenue 1332,98,00,0001332,98,00,000 Capital10,03,00,000..10,03,00,000 7Department of Fertilisers .......................... Revenue 70629,72,00,00070629,72,00,000 Capital253,48,00,000253,48,00,000 8Department of Pharmacuticals ................... Revenue198,63,00,000..198,63,00,000 Capital29,70,00,000..29,70,00,000 9Ministry of Civil Aviation........................... Revenue852,42,00,000..852,42,00,000 Capital5029,80,00,000..5029,80,00,000 10 Ministry of Coal ........................................ Revenue497,70,00,000..497,70,00,000 Capital50,00,00,000..50,00,00,000 11 Department of Commerce......................... Revenue 4383,77,00,000 50,00,0004384,27,00,000 Capital1013,00,00,000..1013,00,00,000 12 Department of Industrial Policy andRevenue 1413,29,00,000..1413,29,00,000 Promotion Capital303,00,00,000..303,00,00,000 13 Department of Posts ................................Revenue 16875,97,00,000 20,00,00016876,17,00,000 Capital433,31,00,000..433,31,00,000 14 Department of Telecommunications .....Revenue 12192,86,00,000..12192,86,00,000 Capital2510,28,00,000..2510,28,00,000 Charged on the Consolidated Fund Voted by Parliament Services and purposes Total 123Rs.Rs.Rs. 15 Department of Electronics and information Technology .............................................. Revenue 2872,50,00,000..2872,50,00,000 Capital179,50,00,000..179,50,00,000 16Department of Consumer Affairs............... Revenue582,95,00,000..582,95,00,000 Capital19,75,00,000..19,75,00,000 17 Department of Food and Public Distribution Revenue 91085,77,00,000 1,34,00,000 91087,11,00,000 Capital 10641,53,00,000.. 10641,53,00,000 18 Ministry of Corporate Affairs ..................... Revenue225,36,00,000..225,36,00,000 Capital29,92,00,000..29,92,00,000 19 Ministry of Culture ...............................Revenue2023,00,000..2023,00,000 Capital39,00,00,000..39,00,00,000 20 Ministry of Defence .............................Revenue 15455,13,00,00026,00,000 15455,39,00,000 Capital1838,40,00,000..1838,40,00,000 21 Defence Pensions ...................................Revenue 44499,31,00,00069,00,000 44500,00,00,000 22 Defence Services-Army ..........................Revenue 83888,33,00,000 46,93,00,000 83935,26,00,000 23 Defence Services-Navy ..........................Revenue 12381,43,00,000 13,00,00,000 12394,43,00,000 24 Defence Services-Air Force ...................Revenue 18896,66,00,000 3,70,00,000 18900,36,00,000 25 Defence Ordnance Factories .................Revenue 1709,27,00,000 5,20,00,0001714,47,00,000 26 Defence Services-Research and Development..................................Revenue 5596,96,00,00061,00,0005597,57,00,000 27 Capital Outlay on Defence Services .......Capital 86685,29,00,000 55,42,00,000 86740,71,00,000 28 Ministry of Development of North Eastern Region ..............................Revenue 1847,97,00,000..1847,97,00,000 Capital353,00,00,000..353,00,00,000 29 Ministry of Drinking Water and Sanitation Revenue 15265,70,00,000.. 15265,70,00,000 30 Ministry of Earth Sciences ................Revenue 1492,52,00,00010,00,0001492,62,00,000 Capital201,11,00,000..201,11,00,000 31 Ministry of Environment and Forests ........ Revenue 2815,63,00,000..2815,63,00,000 Capital69.07,00,000..69.07,00,000 32 Ministry of External Affairs ..............Revenue 9950,47,00,0003,00,0009950,50,00,000 Capital1768,50,00,000..1768,50,00,000 33 Department of Economic Affairs .........Revenue 8865,12,00,000..8865,12,00,000 Capital 66408,89,00,000.. 66408,89,00,000 34 Department of Financial Services .........Revenue 7468,99,00,000..7468,99,00,000 Capital 29900,40,00,000.. 29900,40,00,000 CHARGED-INTEREST PAYMENTS ..... Revenue..385000,46,00,000385000,46,00,000 36 Transfers to State and Union territory Governments ..............................Revenue 101882,00,00,00062134,40,00,000164016,40,00,000 Capital..12000,00,00,00012000,00,00,000 37 Loans to Government Servants, etc................ Capital225,00,00,000..225,00,00,000 CHARGED-Repayment of Debt ............. Capital..4014248,55,00,0004014248,55,00,000 39Department of Expenditure ..........................Revenue140,12,00,000..140,12,00,000 40Pensions ........................................................Revenue20954,00,00,00095,00,00,0002794,54,00,000 41Indian Audit and Accounts Department ........... Revenue2696,85,00,00097,69,00,0002794,54,00,000 Capital10,00,00,000..10,00,00,000 42Department of Revenue..................................Revenue10117,17,00,0002,00,00010117,19,00,000 Capital100,71,00,000..100,71,00,000 43Direct Taxes ................................................Revenue3771,91,00,000..3771,91,00,000 Capital589,98,00,000..589,98,00,000 44Indirect Taxes ...........................................Revenue3829,75,00,0050,00,0003830,25,00,000 Capital149,25,00,000..149,25,00,000 45Department of Disinvestment ...................Revenue63,24,00,000..63,24,00,000 46Ministry of Food Processing Industries ..........Revenue719,11,00,000..719,11,00,000 Ex-453/2013 3 123Rs.Rs.Rs. 47Department of Health and Family Welfare ....Revenue33012,27,00,000..33012,27,00,000 Capital2862,67,00,000..2862,67,00,000 48Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH)...Revenue1249,60,00,000..1249,60,00,000 Capital9,40,00,000..9,40,00,000 49. Department of Health ResearchRevenue1008,00,00,000..1008,00,00,000 50Department of AIDS Control ....................Revenue1770,00,00,000..1770,00,00,000 Capital15,00,00,000..15,00,00,000 51Department of Heavy Industry ...............Revenue461,41,00,000..461,41,00,000 Capital567,65,00,000..567,65,00,000 52Department of Public Enterprises ...............Revenue19,39,00,000..19,39,00,000 53Ministry of Home Affairs .............................Revenue2108,51,00,000..2108,51,00,000 Capital65,35,00,000..65,35,00,000 54Cabinet .........................................................Revenue403,00,00,000..403,00,00,000 55Police ..........................................................Revenue43386,99,00,0009,94,00,00043396,93,00,000 Capital9104,96,00,0002,92,00,0009107,88,00,000 56Other Expenditure of the Ministry of Home Affairs..............................................Revenue1969,11,00,0003,00,0001969,14,00,000 Capital96,03,00,000..96,03,00,000 57Transfers to Union territory Governments ........ Revenue2262,79,00,000..2262,79,00,000 Capital72,00,00,000..72,00,00,000 58Ministry of Housing and Urban Poverty Alleviation .....................................................Revenue1468,02,00,000..1468,02,00,000 59Department of school Education and LiteracyRevenue77130,00,00,000..77130,00,00,000 60Department of Higher Education ....................Revenue26750,00,00,000..26750,00,00,000 61Ministry of Information and Broadcasting......Revenue3006,86,00,000..3006,86,00,000 Capital28,80,00,000..28,80,00,000 62Ministry of Labour and Employment .............Revenue5254,94,00,000..5254,94,00,000 Capital19,41,00,000..19,41,00,000 63Election Commission ..................................Revenue67,50,00,000..67,50,00,000 Capital1,00,00,000..1,00,00,000 64Law and Justice ............................................Revenue1805,45,00,000..1805,45,00,000 Capital10,02,00,000..10,02,00,000 CHARGEDSupreme Court of India.............Revenue.. 129,41,00,000129,41,00,000 66Ministry of Micro, Small and Medium Enterprises ....................................................... Revenue3210,91,00,000..3210,91,00,000 Capital78,80,00,000..78,80,00,000 67Ministry of Mines .........................................Revenue744,50,00,0005,00,000744,55,00,000 Capital246,53,00,000..246,53,00,000 68Ministry of Minority Affairs ...........................Revenue3410,98,00,000..3410,98,00,000 Capital120,00,00,000..120,00,00,000 69Ministry of New and Renewable Energy ............ Revenue1434,05,00,000..1434,05,00,000 Capital99,50,00,000..99,50,00,000 70Ministry of Overseas Indian Affairs ................. Revenue95,79,00,000..95,79,00,000 Capital20,00,00,000..20,00,00,000 71Ministry of Panchayati Raj .............................Revenue7000,70,00,000..7000,70,00,000 72Ministry of Parliamentary Affairs ...................Revenue13,28,00,000..13,28,00,000 73Ministry of Personnel, Public Grievances and Pensions .................................................Revenue869,90,00,00019,97,00,000889,87,00,000 Capital125,07,00,0005,00,00,000130,07,00,000 74Ministry of Petroleum and Natural Gas ..........Revenue65187,41,00,000..65187,41,00,000 Capital1,00,00,000..1,00,00,000 75Ministry of Planning .....................................Revenue7181,51,00,000..7181,51,00,000 Capital900,00,00,000..900,00,00,000 76Ministry of Power ......................................Revenue8045,85,00,000..8045,85,00,000 Capital2778,05,00,000..2778,05,00,000Ex-453/20134 CHARGED-Staff Household and Allowances of the PresidentRevenue.. 34,54,00,00034,54,00,000 78Lok Sabha ......................................................Revenue535,11,00,00087,00,000535,98,00,000 79Rajya Sabha ....................................................Revenue300,37,00,00097,00,000301,34,00,000 CHARGED-U nion Public Service C ommission Reven ue.. 157,92,00,000157,92,00,000 81Secretariat of the Vice-President ........................ Revenue3,75,00,000..3,75,00,000 82Ministry of Road Transport and Highways.......... Revenue16592,08,00,000.. 16592,08,00,000 Capital32264,15,00,00010,00,00,000 32274,15,00,000 83Department of Rural Development................Revenue 113304,85,00,000.. 113304,85,00,000 84Department of Land Resources .....................Revenue5772,85,00,000..5772,85,00,000 85Department of Science and Technology .......... Revenue3172,22,00,0002,00,0003172,24,00,000 Capital23,15,00,000..23,15,00,000 86Department of Scientific and Industrial Research Revenue3561,30,00,000..3561,30,00,000 Capital9,70,00,000..9,70,00,000 87Department of Biotechnology .......................Revenue1502,06,00,000..1502,06,00,000 88Ministry of Shipping .....................................Revenue1392,28,00,000..1392,28,00,000 Capital658,39,00,000.. 658,39,00,000 89 Ministry of Social Justice and Empowerment Revenue 6420,32,00,000.. 6420,32,00,000 Capital305,00,00,000.. 305,00,00,000 90 Department of Space ............................... Revenue 3052,19,00,00050,00,000 3052,69,00,000 Capital3738,95,00,00040,00,000 3739,35,00,000 91 Ministry of Statistics and Programme Implementation ..........................Revenue 4935,53,00,000.. 4935,53,00,000 Capital16,15,00,000..16,15,00,000 92 Ministry of Steel ...................................... Revenue118,97,00,000.. 118,97,00,000 93 Ministry of Textiles .................................Revenue 5423,92,00,000.. 5423,92,00,000 Capital7,67,00,000..7,67,00,000 94 Ministry of Tourism ...............................Revenue 1355,30,00,000.. 1355,30,00,000 Capital2,00,00,000..2,00,00,000 95 Ministry of Tribal Affairs .......................Revenue443,71,00,0003782,23,00,0004225,94,00,000 Capital70,00,00,000..70,00,00,000 96Andaman and Nicobar Islands ......................Revenue2631,69,00,0001,00,0002631,70,00,000 Capital671,72,00,000..671,72,00,000 97Chandigarh ...................................................Revenue2922,51,00,00019,93,00,0002942,44,00,000 Capital549,12,00,0005,00,000549,17,00,000 98Dadra and Nagar Haveli ................................Revenue558.05,00,000..558.05,00,000 Capital246,81,00,000..246,81,00,000 99Daman and Diu ..............................................Revenue1192,76,00,000..1192,76,00,000 Capital366,80,00,000..366,80,00,000 100 Lakshadweep ................................................... Revenue778,43,00,000..778,43,00,000 Capital246,30,00,000..246,30,00,000 101 Department of Urban Development ..............Revenue1281,29,00,00044,42,00,0001325,71,00,000 Capital6945,07,00,00026,00,00,0006971,07,00,000 102 Public Works ..................................................Revenue1469,49,00,0001,03,00,0001470,52,00,000 Capital558,25,00,0001,00,00,000559,25,00,000 103 Stationery and Printing ..................................Revenue260,06,00,000..260,06,00,000 Capital1,10,00,000..1,10,00,000 104 Ministry of Water Resources ...........................Revenue1902,10,00,000..1902,10,00,000 Capital196,55,00,0004,00,00,000200,55,00,000 105 Ministry of Women and Child DevelopmentRevenue20440,00,00,000.. 20440,00,00,000 106 Ministry of Youth Affairs and Sports .............Revenue1218,10,00,000..1218,10,00,000 Capital90,00,000..90,00,000 TOTAL1400497,73,00,0004477957,81,00,000 5878455,54,00,000 123Rs.Rs.Rs.Ex-453/2013 5 Published and Issued by the Controller, Printing & Stationery, 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. 454NOTIFICATIONNo.H.12017/55/2012-LJD, the 16th August, 2013.The following Act is hereby published for general information. The Finance Act, 2013 (Act No. 17 of 2013) Zahmingthanga Ralte, Deputy Secretary to the Govt. of Mizoram. THE FINANCE ACT, 2013 AN ACT to give effect to the financial proposals of the Central Government for the financial year2013-2014. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— CHAPTER I PR E L I M I N ARY I. (1)Th is Act may be called the Fi nan ce Act , 2013. (2)Save as otherwise provided in this Act, sections 2 to 63 shall be deemed to have come in to force on th e 1 st day of April, 2013. CHAPTER II RATESOFINCOME-TAX 2.(1)Subject t o the provisions of sub-sections (2) and(3),for the assessment year commencing on the 1st day of April, 2013, income-tax shall be charged at the rates specified in Part I of the First Schedule and such tax shall be increased by a surcharge, for purposes of the Union, calculated in each case in the manner provided therein.Short title and commencement Income-tax. (2)In the cases to which Paragraph A of Part I of the First Schedule applies, where the assessee has, in the previous year, any net agricultural income exceeding five thousand rupees, in addition to total income, and the total income exceeds two lakh rupees, then,— (a) the net agricultural income shall be taken into account, in the manner provided in clause(b)[that is to say, as if the net agricultural income were comprised in the total income after the first two lakh rupees of the total income but without being liable to tax], on ly for the purpose of charging income-tax in respect of the total income; and (b) th e income-tax chargeable shall be calculated as follows:— (i) the total income and the net agricultural income shall be aggregated and the amount of income-tax shall be determined in respect of the aggregate income at the rates specified in the said Paragraph A, as if such aggregate income were the total income; (ii)the net agricultural income shall be increased by a sum of two lakh rupees, and the amount of income-tax shall be determined in respect of the net agricultural income as so increased at the rates specified in the said Paragraph A, as if the net agricultural income as so increased were the total income; (iii)the amount of income-tax determined in accordance with sub-clause (i) shall be reduced by the amount of income-tax determined in accordance with sub-clause(ii) and the sum so arrived at shall be the income-tax in respect of the total income: Provided that in the case of every individual, being a resident in India, who is of the age of sixty years or more but less than eighty years at any time during the previous year, referred to in item(II)of Paragraph A of Par t I of the First Schedule, the provisions of this sub-section shall have effect as if for the words “two lakh rupees”, the words “two lakh fifty thousand rupees” had been substituted: Provided further that in the case of every individual, being a resident in India, who is of the age of eighty years or more at any time during the previous year, referred to in item(III)of Paragraph A of Part I of the First Schedule, the provisions of this sub-section shall have effect as if for the words “two lakh rupees”, the words “five lakh rupees” had been substituted. (3)In cases to which the provisions of Chapter XII or Chapter XII-A or section 115JB or section 115JC or sub-section(1A)of section 161 or section 164 or section 164A or section 167B of the Income-tax Act, 1961 (hereinafter referred to as the Income-tax Act) apply, the tax chargeable shall be determined as provided in that Chapter or that section, and with reference to the rates imposed by sub-section(I) or the rates as specified in that Chapter or section, as the case may be: Provided that the amount of income-tax computed in accordance with the provisions of section 111 A or section 112 shall be increased by a surcharge, for purposes of the Union, as provided in Paragraph E of Part 1 of the First Schedule: Ex-454/20132 Provided further that in respect of any income chargeable to tax under sections 115 A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115BBC, 115BBD, 115BBE or 115JB of the Income-tax Act, the amount of income-tax computed under this sub-section shall be increased by a surcharge, for purposes of the Union, ca lculated,— (a) in the case of a domestic company, at the rate of five per cen t , of su ch income-tax where the total income exceeds one crore r upees; (b) in the case of every company, other than a domestic company, at the rate of two per cent, of such income-tax wh ere the total i ncome exceeds one cr ore r upees: Provided also that in the case of every company having total income chargeable to tax under section 115 JB of the Income-tax Act, and such income exceeds one crore rupees, the total amount payable as income-tax and sur charge on such income-tax shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds on e crore rupees. (4) In cases in which tax has to be charged and paid under section 115-O or section 115QA or sub-section (2) of section 115R or section 115TA of the Income-tax Act, the tax shall be charged and paid at the rates as specified in those section s and shall be in cr eased by a surcharge, for purposes of th e Union, calculated a t the rate of ten per cen t. of such tax. (5) In cases in which tax has to be deducted un der sections 193, 194, 194A, 194B, 194BB, 194D and 195 of the Income-tax Act, at the rates in force, the deductions shall be made at the rates specified in Part II of the First Schedule and shall be incr eased by a surcharge, for purposes of the Union, calculated in cases wherever prescribed, in the manner provided therein. (6) In cases in which tax has to be deducted under sections 194C, 194E, 194EE, 194F, 194G, 194H, 194-I,194-1 A, 194J, 194FA, 194LB, 194LC, 194LD, 196B, 196C and 196D of the Income-tax Act, the deductions shall be made at th e r ates specified in those section s and s h a l l be i n c r ea s ed by a surcharge, for purposes of the Union,— (a) in the case of every individual or Hindu undi vided fa mily or association of persons or body of individuals, whether in corporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause(31)of section 2 of th e Income-tax Act, or co-oper ative society or firm, being a non-resident, calculated at the rate of ten per cent. of such tax, where th e i ncome or th e aggr egate of such in comes paid or likely to be paid and subject to the deduction exceeds one crore rupees; (b) in the case of every company, other than a domestic company, calculated,— (i) at the rate of two per cent, of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds on e cr or e rupees but does not exceed ten crore r upees;Ex-454/2013 3 (ii) at the rate of five per cent. of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds ten crore rupees. (7) In cases in which tax has to be collected under the proviso to section 194B of the Income-tax Act, the collection shall be made at the rates specified in Part II of th e First Schedule, and shall be increased by a surcharge, for purposes of the Union, calculated, in cases wherever prescribed, in the manner provided therein. (8)In cases in which tax has to be collected under section 206C of the Income-tax Act, the collection shall be made at the rates specified in that section an d shall be increased bya surcharge, for purposes of the Union,— (a) in the case of every individual or Hindu undivided family or associat ion of persons or body of i ndividua ls, wheth er i ncor pora ted or not, or every artificial juridical person referred to in sub-clause (vii) of cla use(31)of section 2 of the Income-tax Act, or co-oper ative society or firm, being a non-resident, calculated at the rate of ten per cent. of such tax, where the amount or the aggregate of such amounts collected and subject to the collection exceeds one cror e rupees; (b) i n t h e ca s e of ever y c om pa n y, ot h er t h an a d om est i c com p an y, calculated,— (i) at the rate of two per cent. of such tax, where the amount or t h e aggregate of such amounts collected and subject to the collection exceeds one crore rupees but does not exceed ten crore rupees; (ii)at the rate of five per cent. of such tax, where the amount or th e aggregate of such amounts collected and subject to the collection exceeds ten crore r upees. (9)Subject to th e provi si on s of sub-secti on(10),in cases in which income-t ax has to be charged under sub-section(4)of section 172 or sub- section(2)of section 174 or section 174A or section 175 or sub-section (2) of section 176 of the In come-tax Act or ded uct ed fr om , or pai d on , in com e chargeable under the head “Salaries” under section 192 of the said Act or in which the “advance tax” payable under Chapter XVII-C of the said Act has to be computed at the rate or rates in for ce, such income-tax or, as the case may be, “advance tax” shall be so charged, deducted or computed at the rate or rates specified in Part I II of the First Schedule and such tax shall be increased by a surcharge, for purposes of the Union, calculated in such cases and in such manner as provided therein: Provided that in cases to which the provisions of Chapter XII or Chapter XII-A or section 115JB or section 115JC or sub-section(I A)of section 161 or section 164 or section 164A or section 167B of the Income-tax Act apply, “advance tax” shall be computed with reference to the rates i mposed by this sub-section or the rates as specified in that Chapter or section, as the case may be: Ex-454/20134 Provided further that the amount of “advance tax” computed in accor da nce with th e provision s of secti on 111A or secti on 112 of t he In com e- tax Act shall be in creased by a surcharge, for purposes of the Union, as provided in Paragraph A, B, C, D or E of Part III of the First Schedule: Provided also that in respect of any income chargeable to tax under sections 115 A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115BBC, 115BBD. 115BBE, 115E , 115JB and 115JC of the Income-tax Act, “advance tax” computed under the first proviso shall be incr eased by a surcharge, for purposes of the Union, calculated,— (a) in the case of ever y in divi dual or Hindu undi vided fa mily or association of persons or body of individuals, whether in corporated or not, or every artificial juridical person referred to in sub-clause(vii) of clause(31)of section 2 of th e Income-tax Act. or co-oper ative society or firm or local authority, calculated at the rate of ten per cent. of such “advance tax”, where the total income exceeds one crore rupees; (b) in the case of every domestic compan y, calculated,— (i) at the rate of five per cent. of such “advance tax”, where the total income exceeds one crore r upees but does n ot exceed ten crore rupees; (ii) at the rate of ten per cent. of such “advance tax”, where th e tota l in come exceeds ten crore rupees; (c) in the case of every company, other than a domestic company, calculated,— (i) at the rate of two per cent. of such “advance tax”, where the total income exceeds one cr ore r upees but does not exceed ten crore rupees; (ii) at t he rate of five per cent. of such “advance tax”, wher e the total income exceeds t en crore rupees: Provided also that in the case of persons mentioned in(a)above, having total income chargeable to tax under section 115JC of the Income-tax Act, and such income exceeds one crore rupees, the total amount payable as “advance tax” on such income and surcharge thereon shall not exceed the total amount payable as “advance tax” on a total income of one crore rupees by more than the amount of income that exceeds one cr ore rupees: Provided also that in the case of every company having total income ch argeable to tax under section 115JB of the Income-tax Act, and such income exceeds one crore rupees but does not exceed ten crore rupees, th e total amount payable as “advance tax” on such income and surcharge thereon, shall not exceed the total amount payable as “advance tax” on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees: Provided also that in the case of every company having total income ch argeable to tax under section 115JB of the Income-tax Act, and such incomeEx-454/2013 5 exceeds ten crore rupees, the total a mount payable as “adva nce tax” on such income and surcharge thereon, shall not exceed the total amount payable as “advance tax” and surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees. (10)In cases to which Paragraph A of Part 111 of the First Schedule applies, where the assessee has, in the previous year or, if by virtue of any provision of the Income-tax Act, income-tax is to be charged in respect of t he in come of a per i od ot h er t ha n t h e previous year, in such other period, any net agricultural income exceeding five thousand rupees, in addition to total income an d the total in come exceeds two lakh rupees, th en, in charging in come-tax under sub-section (2) of section 174 or section 174 A or section 175 or sub-section(2) of section 176 of the said Act or in computin g the “advance tax” payable under Chapter XVII-C of the said Act, at the rate or rates in force,— (a) the net agricultural income shall be taken into account, in the ma nner provided in clause(b)[that is to say, as if the net agricultural income were comprised in t h e t ot al in come a ft er t h e first two lakh rupees of the total income but without being liable to tax], only for the purpose of charging or computing such income-tax or, as the case may be, “advance tax” in respect of the total income; and (b) such in come-tax or, as the case may be, “advance tax” shall be so charged or computed as follows:— (i) the total income and the net agricultural income shall be aggregated and the amount of income-tax or “advance tax” shall be determined in respect of th e aggregate income at the rates specified in the said Paragraph A, as if such aggregate income were the total income; (ii) the net agricultural income shall be increased by a sum of two lakh rupees, and the amount of income-tax or “advance tax” shall be determined in respect of the net agricultural income as so increased at the rates specified in the said Paragraph A, as if the net agricultural income were the total income; (iii)th e amount of income-tax or “advan ce tax” determin ed in accordance with sub-clause(i) sh all be reduced by the amount of in come-tax or, as the case may be, “advance tax” determined in accordance with sub-clause(ii) and th e sum so ar rived at shall be the income-tax or, as the case may be, “advance tax” in respect of the total income: Provided that in the case of every individual, being a resident in India, wh o is of the age of sixty year s or more but less than eighty year s at any time during the previous year, referred to in item(II)of Paragraph A of Part III of the First Schedule, the provisions of this sub-section shall ha ve effect as if for the words “two lakh rupees”, the words “two lakh fifty thousand rupees” had been substituted: Provided further that in the case of every individual, being a resident in India, who is of the age of eighty years or more at any time during the previous Ex-454/20136 year, r eferr ed to in item(III)of Paragraph A of Part III of the First Schedule, the provisions of thi s sub-section shal l ha ve effect as i f for the wor ds “t wo lakh rupees”, the words “five lakh rupees” had been substi tuted: Provided also that the amount of income-tax or “advance tax” so arrived at, shall be increased by a surcharge for purposes of the Union calculated in each case, in the manner provided therein. (11) The amount of income-tax as specified in sub-sections(1) to(10) and as increased by the applicable surcharge, for purposes of the Union, calculated in the manner provided ther ein, shall be furth er increased by an additional surcharge, for purposes of the Union, to be called the “Education Cess on in come-tax”, calculated at th e rate of two per cen t. of s u ch i n com e- tax and surcharge so as to fulfil the commitment of the Government to provide and finance universalised quality basic education: Provided that nothing contained in this sub-section shall apply to cases i n which tax is to be deducted or collected under the sections of the Income-tax Act mentioned in sub-sections(5), (6),(7) and(8),if the income subjected to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who is resident in India. (12) The amount of income-tax as specified in sub-sections(7) to(10) a n d a s in creased by th e applicable surcharge, for purposes of the Union, calculated in the manner provided th erein, shall also be increased by an additional surcharge, for purposes of the Union, to be called the “Secondary and Higher Education Cess on income-tax”, calculated at th e rate of one per cen t. of such income-tax and surcharge so as to fulfil the commitment of the Government to provide and finance secondary and higher education : Provided that nothing contained in this sub-section shall apply to cases i n which tax is to be deducted or collected under the sections of the Income-tax Act mentioned in sub-sections(5),(6), (7)and(8),if the income subjected to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who is resident in India. (13) For the purposes of this section and the First Schedule,— (a) “domestic company” means an Indian company or any oth er company which, in respect of its income liable to income- tax under the Income-tax Act, for the assessment year commen- cing on the 1st day of April, 2013, has made the prescribed arrangements for the declaration and payment within India of the dividends (including dividends on preference shares) payable out of such income; (b) “insurance commission” means any remuneration or reward, whether by way of commission or otherwise, for soliciting or procuring insurance business (including business relating to the continuance, renewal or revival of policies of insurance); (c) “net agricultural income”, in relation to a person, means the total amount of agricultural income, from whatever source derived, of that person computed in accordance with the rules contained in Part IV of the First Schedule;Ex-454/2013 7 (d) all other words and expressions used in this section and the First Schedule but not defined in this sub-section and defined in the Income-tax Act shall have the meanings, respectively, assigned to them in that Act. CHAPTER III DIRECTTAXES Income-tax 3. In section 2 of the Income-tax Act, with effect from the 1st day of April, 2014,— (a)in clause(1A),— (1) in sub-clause(c),in the proviso, in clause(ii),— (i) in item(A ),the words “according to the last preceding census of which the relevant figures have been published before the first day of the previous year” shall be omitted; (ii) for it em(B ),the following item shall be substituted, namely:— “(B) in any area within the distance, measured aerially,— (1) not being more than two kilometres, from the local limits of any municipality or cantonment boar d r eferr ed to in item(A)an d which has a population of more than ten thousand but not exceeding one lakh; or (II)not being more than six kilometres, from the local limits of any municipality or cantonment boar d r eferr ed to in item(A)an d which has a population of more than one lakh but not exceeding ten lakh; or (111 )not being more than eight kilometres, from the local limits of any municipality or cantonment boar d r eferr ed to in item(A)an d which has a population of more than ten lakh.”; (2)afterExplanation3, the followingExplanationshall be inserted, namely:— ‘Explanation4.—For the purposes of clause(ii)of the proviso to sub-clause(c ),“population” means the population according to the last preceding census of which the relevan t figures have been published before the first day of the previous year;’; (b)in clause(14),in sub-clause(iii),— (i) in item(a),the words “according to the last preceding census of which the relevant figures have been published before the first day of the previous year” shall be omitted; (ii)for item(b),the following shall be substituted, namely:- ‘(b)in any area within the distance, measured aerially,— (1)not being more than two kilometres, from the local limits of any municipality or cantonment boar d r eferr ed to in item(a) and which has a population of more th an ten thousand but not exceeding one lakh; orAmendment of section 2. Ex-454/20138 (11)not being more than six kilometres, from the local limits of any municipality or cantonment board referred to in item(a)and which has a population of more than one lakh but not exceeding ten lakh; or (III)not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item(a)and which has a population of more than ten lakh. Explanation.—For the purposes of this sub-clause, “population” means the population according to th e last preceding cen sus of which the relevant figures h ave been published befor e the first day of the previous year;’. 4.In the Income-tax Act, for the expression “the Foreign Exchange Regulation Act, 1973", wherever it occurs, the expression “the Foreign Exchange Management Act, 1999” shall be substituted. 5.In section 10 of the Income-tax Act,— (1) in clause (10D), with effect from th e 1st day of April, 2014,— (i) in sub-clause(d),after the second proviso, the following proviso shall be inserted, namely:— ‘Provided also that where the policy, issued on or after the 1st day of April, 2013, is for insurance on life of any person, who is— (i) a person with disability or a person with severe disability as referred to in section 80U; or (ii) suffering from disease or ailment as specified in the rules made under section 80DDB, th e provisions of th is sub-clause sha ll h a ve effect a s i f for t he words “ten per cent.”, the words “fifteen per cent.” had been substituted.’; (ii) inExplanation1, after the words “business of the first-mentioned person” occurring at the end, the words “and includes such policy which has been assigned to a person, at any time during the term of the policy, with or without any consideration” shall be inserted; (II) after clause(23D),the following clause shall be inserted with effect from the 1st day of April, 2014, namely:— ‘(23DA)any income of a securitisation trust from the activity of securitisation. Explanation.—For the purposes of this clause.— (a)“securitisation” shall have the same meaning as assigned to it ,— (i) in clause (r) of sub-regulation(I)of regulation 2 of the Securities and Exchan ge Board of India (Public Offer and Listing of Substitution of reference of certain expression by other expres- sion46 of 1973 42 of 1999 Ex-454/2013 9 Amendment of Section 10. Securitised Debt Instruments) Regulations, 2008 made under the Securities and Exchange Board of India Act, 1992 and the Securities Contracts (Regulation) Act, 1956; or (ii) under the guidelines on securitisation of standard assets issued by the Reserve Bank of India: (b)“securitisation trust” shall have the meaning assigned to it in theExplanationbelow section 115TC;’; (III) after clause(23EC),the following clause shall be inserted with effect from t he 1st day of Apr il , 2014, n am ely:- ‘(23ED)an y in come, by way of contr ibutions received from a depository, of such Investor Protection Fund set up in accordance with the regulations by a depository as the Central Government may, by notification in the Official Gazette, specify in this behalf: Provided that where any amount standing to the credit of the Fund and not charged to income-tax during any previous year is shared, either wholly or in part with a depository, the whole of the amount so shared shall be deemed to be the income of the previous year in wh ich such amoun t is so shared and shall, accordingly, be chargeable to income-tax. Explanation.—For the purposes of this clause,— (i)“depository” shall have the same meaning as assigned t o i t i n clause (e) of sub-section(1)of secti on 2 of the Deposit ori es Act, 1996; (ii) “regulations” means the regulations made under the Securities and Exchange Board of India Act, 1992 and the Depositories Act, 1996;’; (IV)in clause(23FB),forExplanation1, the following Explanationshall be substituted, namely:— ‘Explanation.—For the purposes of this clause,— (a)“venture capital company” means a company which— (A)has been granted a certificate of registration, before the 21st day of May, 2012, as a Venture Capital Fund and is regulated under the Securities and Exchange Board of India (Venture Capital Funds) Regulations, 1996 (hereinafter referred to as the Venture Ca pi tal Fun ds Regulations) made under the Securities and Exchange Board of India Act, 1992; or (B)has been granted a certificate of registration as Venture Capital Fund as a sub-category of Category 1 Alternative Investment Fund and is regulated under the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012 (hereinafter referred to as the Alternative Investment Funds Regulations) made under the Securities and Exchange Board of India Act, 1992, and which fulfils tfie following conditions, namely:— 22 of 1996 15 of 1992. 22 of 1996. 15 of 1992. 15 of 1992. Ex-454/201310 15 of 1992 42 of 1956 (i) it is not listed on a recognised stock exchange; (ii) it has invested not less than two-thirds of its investible funds in unlisted equity shares or equity linked in st rument s of ven ture capital undertaking; and (iii) it has not invested in any venture capital undertaking in which its director or a substantial shareholder (being a beneficial owner of equity shares exceeding ten per cent . of it s eq ui ty sha re capital) h olds, either individually or collectively, equity shares in excess of fifteen per cent. of the paid-up equity share capital of such venture capital undertaking; (b)“venture capital fund” mean s a fund— (A)operating under a trust deed registered under the provisions of the Registration Act, 1908, which— (1) has been granted a certificate of registration, before the 21 st da y of May, 2012, as a Ven tur e Capi tal Fund a nd is regulated under the Venture Capital Funds Regulations; or (11)has been granted a certificate of registration as Ven ture Capital Fund as a sub-category of Categor y I Alternative Investment Fund under the Alternative Investment Funds Regulations and which fulfils the fol lowing condit ions, na mely:-— (i) it has invested not less than two-thirds of its investible funds in unlisted equity shares or equity linked instruments of venture capital undertaking; (ii)it has not invested in any venture capital undertaking in which its trustee or the settler holds, either individually or coll ecti ve ly, eq ui ty s h a r es in excess of fifteen per cent. of the paid-up equity share ca pita l of such ven tur e ca pit al undertaking; and (iii) the units, if any, issued by it are not listed in an y recognised stock exchange; or (B)oper ating as a ven ture capital sch eme made by the Un it Trust of India established under th e Unit Trust of India Act, 1963; (c)“venture capital undertaking” means— (i) a venture capital undertaking as defined in clause(n)of regulation 2 of the Venture Capital Funds Regulations; or (ii) a venture capital undertakin g as defined in clause(aa)of sub-regulation(1) of regulation 2 of the Alternative Investment Funds Regulations;’; (V)after clause(34),the following clause shall be inserted with effect from the 1st day of April, 2014, namely:— 16 of 1908. 52 of 1963. Ex-454/2013 11 “(34A)any income arising to an assessee, being a shareholder, on account of buy back of shares (not being listed on a recognised stock exch ange) by the company as r efer red to in sect ion 115QA;”; (VI)after clause (55), the followin g clause shall be inserted with effect from t he 1st day of Apr il , 2014, n am ely:— ‘(35A)any incom e by way of distri buted income refer red to in sect i on 115TA received from a securitisation tr ust by any person bein g an investor of the said trust. Explanation.—For the purposes of this clause, the expressions “investor” and “securitisation trust” shall have the meanings respectively assigned to them in theExplanationbelow section 115TC;’; (VII) in clause(48),for the words “sale of crude oil to any person”, th e words “sale of crude oil, an y other goods or renderin g of services, as may be notified by the Central Government in this behalf, to any person” shall be substituted with effect from the 1st day of April, 2014. (VIII) after clause(48),th e following clause shall be inserted, namely:— “(49)any income of the National Financial Holdings Company Limited, bein g a com pan y set up by th e Cen tr al Gover n men t, of any previous year relevant to any assessment year commencing on or befor e th e 1st day of April, 2014”. 6. After section 32AB of the Income-tax Act, the following section shall be inserted with effect from the 1 st day of April, 2014, namely:— ‘32AC. (I) Where an assessee. being a company, engaged in the business of manufacture or production of any article or thing, a cqui r es a n d i n st a l l s n ew a sset after the 31 st day of March, 2013 but before the 1 st day of April, 2015 an d the aggregate amount of actual cost of such new assets exceeds one hundred crore rupees, then, there shall be allowed a deduction,— (a) for the assessment year commencing on the 1 st day of April, 2014, of a sum equal to fifteen per cent. of the actual cost of new assets acquired and installed after the 31 st day of March, 2013 but before the 1st day of April, 2014, if the aggregate amount of actual cost of such new assets exceeds one hundred cr ore rupees; and (b)for the assessment year commencing on the 1st day of April, 2015, of a sum equal to fifteen per cent. of the actual cost of new assets acquired and installed after the 31 st day of March, 2013 but before the 1st day of April, 2015, as reduced by the amount of deduction allowed, if any, under clause(a). (2) If any new asset acquired and installed by th e assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger, within a period of five years from the date of its installation, the amount of deduction allowed under sub-section (1) in respect of such new asset shall be deemed to be the income of the assessee chargeable un der the head “Profits Insertion of new section 3 2AC Investment in new plant of machinery Ex-454/201312 and gains of business or profession” of th e previous year in which such new asset is sold or otherwise transferred, in addition to taxability of gains, arising on account of transfer of such new asset. (3) Wher e th e n ew asset is sold or other wise tr ansferr ed in conn ection with the amalgamation or demerger within a period of five years from the date of its installation, the provisions of sub-section(2) shall apply to the amalgamated company or the resulting company, as the case may be, as they would have applied to the amalgamatin g company or the demerged company. (4)For the purposes of this section, “new asset” means any new plant or machinery (other than ship or aircraft) but does not include— (i) any plant or machinery which before its installation by the assessee was used either within or outside India by any other person; (ii) any plant or machinery installed in any office premises or any residential accommodation, including accommodation in the nature of a guest house; (iii)an y office applian ces including computers or computer softwar e: (iv) a ny vehi cle; or (v)any plant or machinery, the whole of the actual cost of which is allowed as deduction (whether by way of depreciation or otherwise) in computing the income chargeable under the head “Profits and gains of business or profession” of any previous year.’. 7. In section 36 of the Income-tax Act, in sub-section (1), with effect fr om t h e 1 st day of April, 2014,— (a)in clause(v ii), theExplanationshall be numbered as Explanation1 ther eof and afterExplanation1 as so numbered, the followingExplanationshall be inserted, namely:— “Explanation 2.—For the r emoval of doubts, it is her eby cl ari fi ed tha t for th e p ur poses of th e p roviso t o cla use(vii) of t h is su b- section and clause (v) of sub-section(2), the account referred to therein shall be only one account in r espect of provision for bad and doubtful debts under clause(viia)a n d s u c h accou n t sh all r ela te t o al l t ypes of advances, including advances made by rural branch es;”; b)after clause{x v),the following clause shall be inserted, namely:— ‘(xvi) an amount equal to the commodities transaction tax paid by the assessee in respect of the taxable commodities transactions entered into in the course of his business during the previous year, if the income arising from such taxable commodities tr ansactions is included in the income computed under the head “Profits and gains of business or profession”.Amendment of section 36. Ex-454/2013 13 Explanation.—For the purposes of this clause, the expressions “commodities transaction tax” and “taxable commodities transaction” shall have the meanings respectively assigned to them under Chapter VII of the Finance Act, 2013.’. 8.In section 40 of the Income-tax Act, in clause(a),after sub- clause(i ia),the following sub-clause shall be inserted with effect from the 1st day of April, 2014, n amely:— “(iib)an y amount-— (A)paid by way of royalty, licence fee, service fee, privilege fee, service ch arge or an y oth er fee or ch arge, by wh at ever n ame called, which is levied exclusively on; or (B)which is appropriated, directly or indirectly, from, a State Government undertaking by the State Government. Explanation.—For the purposes of th is sub-clause, a State Government undertaking includes— (i) a corporation establish ed by or un der an y Act of th e State Government; (ii) a company in which more than fifty per cent. of the paid-up equity share capital is held by the State Government; (iii)a company in which more than fifty per cent. of the paid-up equity share capital is held by the entity referred to in clause(i)or clause(ii)(whether singly or taken together); (iv)a company or corporation in which the State Government has the right to appoint the majority of the directors or to control the management or policy decisions, directly or indirectly, including by virtue of its shareholding or management rights or shareholders agreements or voting agreements or in any other manner; (v) an authority, a board or an institution or a body established or constituted by or under any Act of the State Government or owned or controlled by the State Government;”. 9.In section 43 of the Income-tax Act, in clause(5), with effect from the 1st day of April, 2014 — (I)in the proviso,— (A) in clause(d),after the words “a recognised stock exchange;”, the word “or” shall be inserted; (B) after clause(d),the following clause shall be inserted, namely:— “(e) an eligible transaction in respect of trading in commodity derivatives carried out in a recognised association,”; Amendment of section 40. Amendment of section 43. Ex-454/201314 (11)theExplanationshall be numbered as“Explanation I” thereof and in theExplanation Ias so numbered, for the words “this clause”, the word, brackets and letter “clause(d)”shall be substituted; (I1I)afterExplanation Ias so numbered, the following Explanationshall be inserted, namely:— “Explanation 2.—For the purposes of clause (e), the expressions— (i) “commodity derivative” shall have the meaning as assigned to it in Chapter VII of the Finance Act, 2013; (ii) “eligible transaction” means any transaction,— (A)carried out electronically on screen-based systems th rough member or an intermediary, registered under the bye-laws, rules and regulations of the r ecognised association for trading in commodity derivative in accordance with the provisions of the Forward Contracts (Regulation) Act, 1952 and the rules, regulations or bye-laws made or directions issued under that Act on a recog- nised association; and (B) which is supported by a time stamped contract note issued by such member or intermediary to every client indicating in the contract note, the unique client identity number allotted under the Act, rules, regulations or bye-laws referred to in sub-clause(A),unique tr ade number and permanent account number allotted under this Act; (iii)“recognised association” means a recognised association as referred to in clause(j) of section 2 of the Forward Contracts (Regulation) Act, 1952 and which fulfils such conditions as may be prescribed and is notified by the Central Gover nment for this purpose;’. 10.After section 43C of the Income-tax Act, the following section shall be inserted with effect from the 1st day of April, 2014, namely:— “43CA.(1) Where the consideration received or accruing as a result of the transfer by an assessee of an asset (other than a capital asset), being land or building or both, is less than t he value adopted or assessed or assessable by any authority of a State Gover nm en t for the purpose of paymen t of stam p duty in respect of such transfer, th e value so adopted or assessed or assessable shall, for th e purposes of computin g profits and gains from tr ansfer of such asset, be deemed to be the full value of the consideration received or accruing as a r esult of such transfer. (2) The provisions of sub-section(2) and sub-section(3) of secti on 50C shall, so far as may be, apply in relation to determination of the value adopted or assessed or assessable under sub-section(1). (3)Where the date of agreement fixing the value of consideration for transfer of the asset and the date of registration of such transfer of asset74 of 1952. 74 of 1952. Insertion of new section 43CA. Special provision for full value of consideration for transfer of assets other than capital assets in certain cases. Ex-454/2013 15 are not th e same, the value referred to in sub-section(1) may be taken as the value assessable by any authority of a State Government for the purpose of payment of stamp duty in respect of such transfer on the date of the agreement. (4) The provisions of sub-section(3) shall apply only in a case wh er e t h e amount of consideration or a part thereof has been received by any mode other than cash on or befor e the date of agreemen t for tr ansfer of the asset.”. 11.In section 56 of the Income-tax Act, in sub-section(2),— (1)in clause(vii), for sub-cla use(b),the following sub-clause shall be substituted with effect from the 1st day of April, 2014, namely:— “(b)an y immovable property,— (i)without consideration, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property; (ii) for a consideration which is less than the stamp duty value of the property by an amount exceeding fifty thousand rupees, the stamp duty value of such proper ty as exceeds such consider ation: Provided that where the date of the agreement fixing the amount of con sider ation for the transfer of immovable property and the date of registration a r e n ot t h e s a m e, t h e s t a m p d u t y va l ue on t h e d a t e of t h e a g r eem en t m a y be taken for the purposes of this sub-clause: Provided further that the said proviso shall apply only in a case where the amount of consideration referred to therein, or a part thereof, has been paid by any mode other than cash on or before the date of the agreement for the transfer of such immovable property;”; (11)in clause(vi ib),in theExplanation,in clause(b),for the word and figure“Explanation 1”, the word“Explanation”shall be substituted. 12.In section 80C of th e Income-tax Act, in sub-section(3A),befor e t he Explanation,the following proviso shall be inserted with effect from the 1 st day of April, 2014, n amely:— ‘Provided that where the policy, issued on or after the 1st day of April, 2013, is for insurance on life of an y per son, who is— (a) a person with disability or a person with severe disability as refer red t o in secti on 80U, or (b) suffering from disease or ailment as specified in the rules made under section 80DDB, the provisions of this sub-section shall have effect as if for the words “ten per cent.”, the words “fifteen per cent., had been substituted.’. 13.In section 80CCG of the Income-tax Act, with effect from the 1st day of April, 2014, —Amendment of section 56. Amendment of section 80C. Amendment of section 80CCG. Ex-454/201316 (a)in sub-section(1),— (i) after the words “acquired listed equity shares”, the words “or listed units of an equity oriented fund” shall be inserted; (ii) after the words “in such equity shares”, the words “or units” shall be inserted; (b)for sub-section(2), the following sub-section shall be substituted, namely:— “(2)The deduction under sub-section(1) shall be allowed in accordance with, an d subject to, the provisions of this section for three consecutive assessment years, beginning with the assessment year relevant to the previous year in which the listed equity shares or listed units of equity oriented fund were first acquired.”; (c) in sub-section (3),— (A) in clause(i), for the words “ten lakh rupees”, the words “twelve lakh rupees” shall be substituted; (B) in clause(iii ), after the words “listed equity shares”, the words “or listed units of equity oriented fund” shall be inserted; (d)after sub-section(4),the followingExplanationsh al l be inserted, namely:— ‘Explanation.—For the purposes of this section, “equity oriented fund” shall have the meaning assigned to it in theExplanationto clause(38)of section 10.’. 14.In section 80D of the Income-tax Act, in sub-section(2), in clause(a),after the words “Central Government Health Sch eme”, th e words “or such other scheme as may be notified by the Central Government in this behalf shall be inserted with effect from the 1st day of April, 2014. 15.After section 80E of th e Income-tax Act, the following section shall be inserted with effect from th e 1st day of April, 2014, namely:—t ‘80EE.(1) In computin g the total income of an assessee, being an individual, there shall be deducted, in accordance with and subject to the provisions of this section, interest payable on loan taken by him from any financial institution for the purpose of acquisition of a residential house property. (2) The deduction under sub-section(1)shall not exceed one lakh rupees and shall be allowed in computing the total income of the individual for the assessment year beginning on the 1st day of April, 2014 and in a case where the interest payable for the previous year relevant to the said assessment year is less than one lakh rupees, the balance amoun t shall be allowed in the assessment year beginnin g on the 1st day of April, 2015. Amendment of section 80D. Insertion of new section 80EE. Deduct ion in respect of interest on loan taken for residential hou se property.Ex-454/2013 17 (3)The deduction under sub-section(1) shall be subject to the following conditions, namely:— (i) the loan has been sanctioned by the financial institution during th e period beginning on the 1st day of April, 2013 and ending on th e 31 st day of March, 2014; (ii) the amount of loan sanctioned for acquisition of the residential house property does not exceed twenty-five lakh rupees; (iii) the value of the residential house property does not exceed forty lakh rupees; (iv) the assessee does not own any residential house property on the date of sanction of the loan. (4) Where a deduction under this section is allowed for any interest referred to in sub-section(1), deduction shall not be allowed in respect of such interest under any other pr ovisions of the Act for the same or any other assessment year. (5) For the purposes of this section,— (a) “financial institution” means a banking company to which the Banking Regulation Act, 1949 applies including any bank or banking institution referred to in section 51 of that Act or a housing finance company; (b) “housing finance company” means a public company formed or registered in India with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in India for residential pur pos es. ’. 16. In section 80G of the Income-tax Act, in sub-section(1), in clause(i), after the words, brackets, figur es an d letters “or in sub-clause (ii iab)”,the words, brackets, figures and letter “or in sub-clause(iiib)” shall be inserted with effect from th e 1st day of April, 2014. 17.In section 80GGB of the Income-tax Act, before theExplanation, the following proviso shall be inserted with effect from the 1 st day of April, 2014, n amely:— “Provided that no deduction shall be allowed under this section in respect of any sum contributed by way of cash.”. 18.In section 80GGC of the In come-tax Act, before theExplanation, th e fol lowin g pr ovi so sh all be i nserted wit h effect fr om the 1st day of Apri l, 2014, n amely:— “Provided that no deduction shall be allowed under this section in respect of any sum contributed by way of cash.”. 19.In section 80-1A of the Income-tax Act, in sub-section(4),in clause(iv),for the words, figures and letters “the 31st day of March, 2013”, 10 of 1949. Amendment of section 80G. Amendment of section 80GGB. Amendment of section 80GGC. Amendment of section 80IA. Ex-454/201318 wherever they occur, the words, figures and letter s “the 31st day of March , 2014” shall respectively be substituted with effect from the 1st day of April, 2014. 20.In section 80JJAA of the Income-tax Act, with effect from the Ist day of April, 2014,— (i) for sub-sect ion (1), th e fol lowing sub-section sha ll be sub- stituted, namely:— “(1) Where th e gross total income of an assessee, bein g a n In d i a n company, includes any profits an d gains derived from the manufacture of goods in a factory, there shall, subject to the conditions specified in sub-section(2), be allowed a deduction of an amount equal to th ir ty per cent. of additional wages paid to the new regular workmen employed by the assessee in such factory, in the previous year, for three assessment years including the assessment year relevan t to the previous year in which such employment is provided.”; (ii) in sub-section(2), for clause(a),the following clause shall be substituted, namely:— “(a) if the factory is hived off or transferred from another existing entity or acquired by the assessee company as a result of amalgamation with another compan y;”; (iii) in theExplanation,— (a) in clause (i), in th e proviso, for th e word “un dertakin g” at both the places where it occurs, the word “factory” shall be substituted; (b)after clause(iii), the following clause shall be inserted, namely:— ‘(iv) “factory” shall have the same meaning as assigned to it in clause(m)of section 2 of th e Factories Act, 1948.’. 21.In section 87 of the In come-tax Act, with effect from t he 1st day of April, 2014,— (i) in sub-section(1), for the word and figures “sections 88”, the word, figures and letter “sections 87A, 88” shall be substituted; (ii)in sub-section (2), for the word and figures “section 88”, the words, figures and letter “section 87A or section 88” shall be substituted. 22.After section 87 of the Income-tax Act, the following section shall be inserted with effect from th e 1st day of April, 2014, namely:— “87A. An assessee, being an individual resident in India, whose total income does not exceed five hundred th ousan d rupees, shall be en tit led t o a deducti on, fr om th e a mount of in com e- tax (a s com put ed before allowing the deductions under this Chapter) on his total incomeAmendment of section 80 JJ AA. Amendment of section 87.63 of 48. Insertion of new section 8 7A. Rebate of income-tax in case of certain individualsEx-454/2013 19 with which he is chargeable for any assessment year, of an amount equal to hundred per cent. of such income-tax or an amount of two thousand rupees, whichever is less.”. 23.In section 90 of the Income-tax Act,— (a) sub-section(2A)shall be omitted; (b) after sub-section (2), th e following sub-section shall be inserted with effect from the 1 st day of April, 2016, namely:— “(2A) Notwithstanding anything contained in sub-section (2), t h e provision s of Chapter X-A of the Act shall apply to the assessee even if such provisions are not beneficial to him.”; (c) in sub-section(4),for the words “a certificate, containing such particulars as may be prescribed, of his being a resident”, the words “a certificate of his being a resident” shall be substituted; (d) after sub-section(4)and beforeExplanation1, the following sub-section shall be inserted, namely:— “(5)The assessee r eferred to in sub-section(4)shall also provide such other documents an d in formation, as may be pres- cribed.”. 24.In section 90A of the Income-tax Act,— (a) sub-section(2A)shall be omitted; (b) after sub-section(2), the following sub-section shall be in ser ted with effectfr om th e 1 st da y of Apr il , 2016, n am ely:— “(2A)Notwithstanding anything contained in sub-section (2), t h e provision s of Chapter X-A of the Act shall apply to the assessee even if such provisions are not beneficial to him.”; (c) in sub-section(4),for the words “a certificate, containing such particulars as may be prescribed, of his being a resident”, the words “a certificate of his being a resident” shall be substituted; (d) after sub-section(4)and beforeExplanation 1, the following sub-section shall be inserted, namely:— “(5) The assessee refer red t o in sub-section(4)shall also provide such other documents and information, as may be prescribed.”. 25.Chapter X-A of the In come-tax Act (as inserted by section 41 of the Finance Act, 2012) relating to General Anti-Avoidance Rule shall be omitted with effect from the 1 st day of April,2014. 26.After Chapter X of the Income-tax Act, the following Chapter shall be in serted with effect from the I st day of April, 2016, namely:— Amendment of section 90. Amendment of section 90A. 23 of 2012. Omission of Chapter X-A relating to General Anti-Avoidance Rule. Insertion of new Chapter X-A Ex-454/201320 ‘CHAPTER X-A GENERAL ANTI-AVOIDANCE RU LE 95.Notwithstanding anything contained in the Act, an arrangement entered into by an assessee may be declared to be an impermissible avoidance arrangement and the consequence in relation to tax arising therefrom may be determined subject to the provisions of this Chapter. Explanation.—For the removal of doubts, it is hereby declared that the provisions of this Ch apter may be applied to any step in, or a part of, the arrangement as they are applicable to the arrangement. 96.(1) An impermissible avoidance arrangement means an arrangement, the main purpose of which is to obtain a tax benefit, and it— (a) creates rights, or obligations, which are not ordinarily created between persons dealing at arm’s length; (b) results, directly or indirectly, in th e misuse, or abuse, of the provisions of this Act; (c) lacks commercial substance or is deemed to lack commercial substance under section 97, in whole or in part; or (d) is entered into, or carried out, by means, or in a manner, which are not ordinarily employed forbona fidepurposes. (2) An arrangement shall be presumed, unless it is proved to the contrary by th e a ssessee, to h a ve been entered in to, or ca rri ed out , for th e m ain purpose of obtaining a tax benefit, if the main purpose of a step in, or a part of, the arrangement is to obtain a tax benefit, notwithstanding the fact that the main purpose of the whole arrangement is not to obtain a tax benefit. 97.(1) An arrangement shall be deemed to lack commercial substan ce, i f— (a ) the substance or effect of the ar ran gem ent as a wh ole, is inconsistent with, or differs significantly from, the form of its individual steps or a part; or (b)it involves or includes— (i) round trip financing; (ii) an accommodating party; (iii)elements that h ave effect of offsetting or cancelling each ot her ; or (iv)a transaction which is conducted through one or more persons and disguises the val ue, l ocati on, source, owner ship or con trol of funds which is the subject matter of such transaction; or (c) i t involves th e l oca ti on of an asset or of a tr an saction or of the place of residence of any party which is without any substantial commer cial purpose other than obtaining a tax benefit (but for the provisions of this Chapter) for a party; orApplicability of General Anti- Avoidance Rule. Impermissible avoidance arrangemen t. Arrangement to lack commer- cial substan ce. Ex-454/2013 21 (d) it does not have a significant effect upon the business risks or net cash flows of any party to the arrangement apart from any effect at tri but abl e t o th e t ax ben efit t hat would be obt ain ed (but for t he provisions of this Ch apter). (2) For the purposes of sub-section (1), round trip financing includes any arrangement in which, through a series of transactions— (a) funds are transferred among the parties to the arrangement; and (b) such transactions do not have any substantial commer- cial purpose other than obtaining the tax benefit (but for the provisions of this Chapter), without having any regard to— (A) whether or not the funds involved in the round trip financing can be traced to any funds transferred to, or received by, any party in connection with the arrangement; (B) the time, or sequence, in which the funds involved in the round trip financing are transferred or received; or (C) the means by, or manner in, or mode through, which funds involved in the round trip financing are transferred or received. (3) For the purposes of this Chapter, a party to an arrangement shall be an accommodating party, if the main purpose of the direct or indirect participation of that party in the arrangement, in whole or in part, is to obtain, directly or indirectly, a tax ben efit (but for the provi sions of t his Chapt er ) for the assessee whether or not the party is a connected person in relation to any party to the arrangement. (4)For the removal of doubts, it is hereby clarified that the following may be relevant but shall not be sufficient for deter minin g wh ether an arrangemen t lacks commercial substance or not, namely:— (i) the period or time for which the arrangement (including operations therein) exists; (ii) the fact of payment of taxes, directly or indirectly, under the arrangement; (iii)the fact that an exit route (including transfer of any activity or business or operations) is provided by the arrangement. 98. (1) If an arrangement is declared to be an impermissible avoidance arrangement, then, the consequences, in relation to tax, of the arrangement, including denial of tax benefit or a benefit under a tax treaty, shall be determined, in such manner as is deemed appropriate, in the circumstances of the case, including by way of but not limited to the following, namely— (a) disregarding, combining or recharacterising any step in, or a part or whole of, the impermissible avoidance arrangement; Consequences of impermissible avoidance arrangemen t. Ex-454/201322 (b) treating the impermissible avoidance arrangement as if it had not been entered into or carried out; (c) disregarding any accommodating party or treating any accommodating pa r t y a n d a n y ot h er p ar t y as on e a n d t h e sa m e person; (d) deeming persons who are connected persons in relation to each other to be one and the same person for the purposes of determining tax treatment of any amount; (e) reallocating amongst the parties to the arrangement— (i) any accrual, or receipt, of a capital nature or revenue nature; or (ii) any expenditure, deduction, relief or rebate; (f) treating— (i) the place of residence of any party to the arran gement; or (ii)the situs of an asset or of a transaction, at a place other than the place of r esidence, location of the asset or location of the transaction as provided under the arrangement; or (g) considering or looking through any arrangement by disre- garding any cor porate structure. (2) For the purposes of sub-section (1),— (i) any equity may be treated a s debt orvice versa; (ii) any accrual, or receipt, of a capital nature may be treated as of revenue nature orvice versa;or (iii)any expenditur e, deduction, relief or rebate may be recharacterised. 99.For the purposes of this Chapter, in determining whether a tax benefit exists,— (i) the parties wh o are conn ected per son s in relation to each other may be treated as one and the same person; (ii) an y accommodatin g party may be disregarded; (iii)the accommodating party and any other party may be treated as one and the same person; (iv) the arrangement may be considered or looked through by disregarding any corporate structure. 100.The provisions of this Chapter shall apply in addition to, or in lieu of, any other basis for determination of tax liability. 101. The provisions of this Chapter shall be applied in accordance with such guidelines and subject to such conditions, as may be prescribed.Treatment of connected person and accommodatin g p a r t y. Application of this Chapter. Framing of guidelines. Ex-454/2013 23 102.In this Chapter, unless the context otherwise requires,— (1) “arrangement” means any step in, or a part or whole of, any transaction, operation, scheme, agreement or understanding, whether enforceable or not, and includes the alienation of any property in such transaction, operation, scheme, agreement or understanding; (2)“asset” includes property, or right, of any kind; (3) “benefit” includes a payment of any kind whether in tangible or intangible form; (4) “connected person” means any person who is con nected directly or indirectly to another person and includes,— (a) any relative of the person, if such person is an individual; (b) any director of the company or any relative of such dir ector, if the person is a company; (c) a ny part ner or mem ber of a firm or associati on of per son s or body of individuals or any relative of such partner or member, if the per son is a firm or association of persons or body of individuals; (d) any member of the Hindu undivided family or any relative of such member, if the person is a Hindu undivided family; (e) any individual who has a substantial interest in the business of the person or any relative of such individual; (f) a company, firm or an association of per sons or a body of individuals, whether incorporated or not, or a Hindu undivided family having a substantial interest in the business of the person or any director, par tner, or m ember of t he company, fi rm or associati on of per sons or body of individuals or family, or any relative of such director, partner or member; (g) a company, firm or association of per sons or body of individuals, whether incorporated or not, or a Hindu undivided family, whose director, partner, or member has a substantial interest in the business of the person, or family or any relative of such director, partner or member; (h)any other person who carries on a business, if— (i) the person being an individual, or any relative of such person, has a substantial interest in the business of that other per son; or (i i) t he per son bein g a com pa ny, fi rm , associa ti on of person s, body of individuals, whether incor porated or not, or a Hindu undivided family, or any director, partner or member of such company, firm or association of persons or body of individuals or family, or any relative of such director, partner or member, has a substa n tial interest in the business of that other person;Definitions. Ex-454/201324 (5)“fund” includes— (a) any cash; (b) cash equivalents; and (c) any right, or obligation, to receive or pay, the cash or cash equivalent; (6)“party” includes a person or a permanent establishment which participates or takes part in an arrangement; (7) “relative” shall have the meanin g assigned to it in theExplanation to clause (vi) of sub-section (2) of section 56; ( 8) a per son s h al l be d eem ed to h a ve a s ubs ta n t i al in t er es t i n t h e bus in ess , if,— (a) in a case where the business is carried on by a company, such person is, at any time during the financial year, the beneficial owner of equity shares carrying twenty per cent. or more, of the voting power; or (b) in any other case, such person is, at any time during the financialyear, beneficially entitled to twenty per cent. or more, of the p rofits of such business; (9) “step” includes a measure or an action, particularly one of a series taken in order to deal with or achieve a particular thing or object in the arrangement; (10) “tax benefit” includes,— (a) a reduction or avoidance or deferral of tax or other amount payable under this Act; or (b) an increase in a refund of tax or other amount under this Act ; or (c) a reduction or avoidance or deferral of tax or other amount that would be payable under this Act, as a result of a tax treaty; or (d) an increase in a refund of tax or other amount under this Act as a result of a tax treaty; or (e)a reduction in total income; or (f) an in cr ease in loss, in the relevant previous year or any other previous year; (11) “tax treaty” means an agreement referred to in sub-section (1) of section 90 or sub-section (1) of section 90A.’. 27.In section 115A of th e Income-tax Act, in sub-section (1), with effect from the 1st day of April, 2014,— (1)in clause(a),—, (A)after sub-clause(iiaa),the following sub-clause shall be inserted, namely:—Amendment of section 115A. Ex-454/2013 25 “(iiab)interest of the nature and extent referred to in section 194LD; or”; (B)in item(B A),after the words, brackets, figures and letters “sub-clause(iiaa)”,the words, brackets, figures and letters “or sub- clause(ii ab)”shall be inserted; (C) in item (D), for the words, brackets, figures and letters “sub-clause(iiaa)”,the words, brackets, figures and letters “sub-clause (i iaa),sub-clause(iiab)”shall be substituted; (II)in clause(b),for sub-clauses(A ), (AA ), (B)and(B B),the fol lowing sub-clauses shall be substituted, namely:— “(A)the amount of income-tax calculated on the income by way of royalty, if any, included in the total income, at the rate of twenty- five per cent.; (B)the amount of income-tax calculated on the income by way of fees for technical services, if any, included in the total income, at the rate of twenty-five per cent.; and”. 28. In section 115AD of the Income-tax Act, in sub-section (1), in item (i), the following proviso shall be inserted with effect from the 1 st day of April, 2014, namely:— “Provided that the amount of income-tax calculated on the income by way of in terest referred to in section 194LD shall be at the rate of five per cent.;”. 29.In section 115BBD of the Income-tax Act, in sub-section (1), after t he words, figures and letters “the 1 st day of April, 2013”, the words, figures an d letters “or begin ning on the 1st day of April, 2014" shall be in serted with effect from the 1st day of April, 2014. 30.In section 115-O of the Income-tax Act, in sub-section (IA),for clause (i), th e following clause shall be substituted with effect from th e 1st day of June, 2013, n amely:— “(i) the amount of dividend, if any, received by the domestic company during the financial year, if such dividend is received from its subsidiary and,— (a) where such subsidiary is a domestic company, the subsidiary has paid th e t ax which is p ayable un der th is sect ion on such dividend; or (b) where such subsidiary is a foreign company, the tax is payable by the domestic company under section 115BBD on such dividend: Provided that the same amount of dividend shall not be taken into account for reduction more than once;”. 31.After Chapter XII-D of th e Income-tax Act, the following Chapter shall be inserted with effect from the 1st day of June, 2013, namely:—Amendment of section 115AD. Amendment of section 115BBD. Amendment of section 115-O. Insertion of new Ch apt er XII-D A. Ex-454/201326 ‘CHAPTER XII-DA SP ECI ALPROVISIONSRELATINGTOTAXONDISTRIBUTEDINCOMEOFDOMESTIC COMPANYFORBUY-BACKOFSHARES 115QA. (1) Notwithstanding anything contained in any other provision of this Act, in addition to th e income-tax ch argeable in respect of the total in come of a domestic company for any assessment year, any amount of distributed income by the compan y on buy-ba ck of sha res (n ot bein g sh ar es listed on a recognised stock exchange) from a shareholder shall be charged to tax and such company shall be liable to pay additional income-tax at the rate of twenty per cent. on the distributed income. Explanation.—For the purposes of this section,— (i) “buy-back” means purchase by a company of its own shares in accordance with the provisions of section 77A of the Companies Act, 1956; (ii) “distributed income” means the consideration paid by the company on buy-back of shares as reduced by the amount which was received by the company for issue of such shares. (2) Notwithstanding that no income-tax is payable by a domestic compa ny on it s tot al in com e com put ed in accor da nce with th e provision s of this Act, the tax on the distributed income under sub-section (1) shall be payable by such company. (3) The principal officer of the domestic company and the company shall be liable to pay the tax to the credit of the Central Government within fourteen days from the date of paymen t of any consider ation to the shareholder on buy-back of shares referred to in sub-section (1). (4) The tax on the distributed income by the company shall be treated as the final payment of tax in respect of the said income and no further credit therefor shall be claimed by the company or by any other person in respect of th e amount of tax so paid. (5) No deduction under any other provision of this Act shall be allowed to the company or a shareholder in respect of the income which has been charged to tax under sub-section (1) or the tax thereon. 115QB. Where the principal officer of the domestic company and the com pany fai ls to pay the whol e or any part of the tax on th e di stributed income referred to in sub-section (1) of section 115QA, within the time allowed under sub-section (3) of that section, he or it shall be liable to pay simple interest at the rate of one per cent. for every month or part thereof on the amount of such tax for the period beginning on the date immediately after the last date on which such tax was payable and ending with the date on which the tax is actually paid. 115QC. If any principal officer of a domestic company an d the company does not pay tax on distributed income in accordance with the provisions of section 115QA, then, he or it shall be deemed to be an assessee in default in respect of the amount of tax payable by him or it and all the provisions of this Act for the collecti on and recovery of income-tax shall apply.’. Tax on distrib- uted income to shareholders. In terest payable for non- payment of tax by company. When company is deemed to be assessee in default. Ex-454/2013 27 1 of 1956. 32.In section 115R of th e Income-tax Act, in sub-section (2), with effect from the 1st day of June, 2013,— (a) in clause (ii), for the words “twelve and one-half per cent.”, the words “twenty-five per cent.” shall be substituted; (b) after sub-clause(iii)and before the proviso, the following proviso shall be inserted, namely:— “Provided that where any income is distributed by a Mutual Fund under an infrastructure debt fund scheme to a non-resident (not being a company) or a foreign company, the Mutual Fund shall be liable to pay additional income- tax at the rate of five per cent. on income so distributed:”; (c) in the proviso, for the words “Provided that”, the words “Provided further that” shall be substituted; (d)for theExplanation,the followingExplanationshall be substituted, namely:— ‘Explanation.—For the purposes of this sub-section,— (i) “administrator” and “specified company” shall have the meanings respectively assigned to them in theExplanationto clause (35)of section 10; (ii) “infrastructure debt fund scheme” shall have the same meaning as assigned to it in clause (1) of regulation 49L of the Securiti es and Exchange Board of India (Mutual Funds) Regulations, 1996 made under the Securities and Exchan ge Board of India Act, 1992.’. 33.After Chapter XII-E of the Income-tax Act, the following Chapter shall be inserted with effect from the 1st day of June, 2013, namely:— ‘CHAPTER XII-EA SP ECI ALPROVISIONSRELATINGTOTAXONDISTRIBUTEDINCOMEBYSECURITISATION TRUSTS 115TA. (1) Notwithstanding anything contained in any other provisions of the Act, any amount of income distributed by the securitisation trust to its in vestors shall be chargeable to tax and such securitisation trust shall be liable to pay additional income-tax on such distributed income at the rate of— (i) twenty-five per cent. on income distributed to any person being an individual or a Hindu undivided family; (ii)thirty per cent. on income distributed to any other person: Provided that nothing contained in this sub-section shall apply in respect of any income distributed by the securitisation trust to any person in whose case income, irrespective of its nature an d source, is not chargeable to tax under the Act.Amendment of section 115R. Insertion of new Chapter XII-EA. 15 of 1992. Tax on distributed inclome to investors. Ex-454/201328 (2) The person responsible for making payment of the income distr ibu ted by the securitisation trust shall be liable to pay tax to the credit of the Central Government within fourteen days from th e date of distribution or payment of such income, whichever is earlier. (3) The person responsible for making payment of the income distributed by the securitisation trust shall, on or before the 15th day of September in each year, furnish to the prescribed income-tax authority, a statement in the prescribed form and verified in the prescribed manner, giving the details of the amount of income distributed to investors during the previous year, the tax paid thereon and such other relevant details, as may be prescribed. (4) No deduction under any other provisions of this Act shall be allowed to the secur itisation trust in respect of th e i ncome which h as been ch arged to tax under sub-section (1). 115TB. Where the person responsible for making payment of the income distributed by the securitisation trust and the securitisation trust fa i l s t o pa y t h e whole or any part of th e tax referred to in sub-section (1) of section 115TA, within the time allowed under sub-section (2) of that section, he or it shall be liable to pay simple interest at the rate of one per cent. every month or part thereof on the amount of such tax for the period beginning on the date immediately after the last date on which such tax was payable an d ending with the date on which the tax is actually paid. 115TC. If any person responsible for making payment of the income distributed by the securitisation trust and the securitisation trust does not pay tax, as referred to in sub-section (1) of section 115TA, then, he or it shall be deemed to be an assessee in default in respect of the amount of tax payable by him or it and all the provisions of thi s Act for the collection and recovery of income-tax shall apply. Explanation.—For the purposes of this Chapter,— (a) “investor” means a person who is holder of any securitised debt instrument or securities issued by the securitisa- tion trust; (b) “securities” means debt securities issued by a Special Purpose Vehicle as referred to in the guidelines on securitisation of stan- dard assets issued by the Reserve Bank of India; (c) “securitised debt instrument” shall have the same meaning as assigned to it in clause(s)of sub-regulation (1) of regulation 2 of the Securities and Exchange Board of India (Public Offer and Listing of Securitised Debt Instruments) Regulations, 2008 made under the Securities and Exchange Board of India Act, 1992 and the Securities Contracts (Regulation) Act, 1956; (d) “securitisation trust” means a trust, being a— (i) “special purpose distinct entity” as defined in clause (u) of sub-regulation (1) of regulation 2 of the Securities and Exchange Board of India (Public Offer and Listing of Securitised Debt Instr um en ts) Regulations, 2008 made under the Securities and Exchange Board of India Act, 1992 and the Securities Contracts (Regulation) Act, 1956, and regulated under the said regulations; or (ii) “Special Purpose Vehicle” as defined in, an d regulated by, In terest payable for non- payment of tax. Securitisation trust to be assessee in default. 15 of 1992. 42 of 1956. 15 of 1992. 42 of 1956. Ex-454/2013 29 the guidelines on securitisation of standard assets issued by the Reserve Bank of India, which fulfi ls such con ditions, as may be prescribed.’. 34.In section 132B of the Income-tax Act, theExplanation shall be numbered asExplanation1 thereof and afterExplanation1 as so num ber ed , the fol lowin gExplanationshall be inserted wit h effect from the 1st day of June, 2013, n amely:— ‘Explanation 2.—For the removal of doubts, it is h ereby declar ed that the “existing liability” does not include advance tax payable in accordan ce with th e pr ovisions of Part C of Chapter XVII.’. 35.In section 138 of the Income-tax Act, in sub-section (1), in clause(a),i n sub- clause (i), for th e words, figures, brackets and letter “section2(d)of th e Foreign Exchan ge Regulation Act, 1947", the words, brackets, letter and figures “clause (n) of section 2 of the Foreign Exchange Management Act, 1999" shall be substituted. 36.In section 139 of the Income-tax Act, in sub-section (9), in the Explanation,after clause(a),the following clause shall be inserted with effect from the 1 st day of June, 2013, namely:— “(aa) the tax together with interest, if any, payable in accor- da n ce wi t h th e provisions of section 140A, has been paid on or before the date of furnishing of the return;”. 37.In section 142 of the In come-tax Act, in sub-section(2A), for t h e wor d s “t h e n at u r e a n d com pl exi t y of t h e a ccou n t s of t h e a s ses see and”, the words “the nature and complexity of the accounts, volume of the accounts, doubts about the correctness of the accounts, multiplicity of transactions in the accounts or specialised nature of business activity of the assessee, and” shall be substituted with effect from the 1st day of June, 2013. 38.Section 144BA of the Income-tax Act (as inserted by section 62 of th e Fin ance Act, 2012) shall be omi tted with effect fr om th e 1 st day of April, 2014. 39.After section 144B of the Income-tax Act, the following section shall be inserted with effect from the 1 st day of April, 2016, namely:— “144BA. ( 1) If, the Assessing Officer, at an y stage of the assessment or reassessment proceedings before him having regard to the material and evidence available, considers that it is necessary to declare an arrangement as an impermissible avoidan ce ar rangement and to determine the consequen ce of such an arran gemen t within the meaning of Chapter X- A, then, he may make a reference to the Commissioner in this regard. (2) The Commissioner shall, on r eceipt of a referen ce un der sub- section (1), if he is of the opinion that the provisions of Chapter X-A are required to be invoked, issue a notice to the assessee, setting out the reasons and basis of such opinion, for submittin g objections, if any, an d pr ovidin g an opportunity of being hear d to the assessee within such period, not exceeding sixty days, as may be specified i n the n otice.Amendment of section 132B. Amendment of section 138. 7 of 1947. 42 of 1999. Amendment of section 139. Amendment of section 142. Omission of section 144BA. 23 of 2012. Insertion of new section 144BA. Reference to Commission er in certain cases. Ex-454/201330 (3) If the assessee does not furnish any objection to the notice within the time specified in the notice issued under sub-section (2), the Commissioner shall issue such directions as he deems fit in respect of declaration of the arrangement to be an impermissible avoidance arrangement. (4) In case the assessee objects to the proposed action, and the Commissioner after hearing th e assessee in the matter is not satisfied by t h e ex p l an a t i on of t h e assessee, th en, he shall make a reference in the matter to the Approving Panel for the purpose of declaration of the arrangement as an impermissible avoidance arrangement. (5) If the Commissioner is satisfied, after having heard the assessee that the provisions of Chapter X-A are not to be invoked, he shall by an order in writing, communicate the same to the Assessing Officer with a copy to the assessee. (6) The Approving Panel, on receipt of a reference from the Commissioner under sub-section(4),shallissue such dir ection s, as it deems fit, in respect of the declaration of the arrangement as an impermissible avoidance arr angemen t in accordance with the provisions of Chapter X-A including specifying of the previous yea r or year s t o wh i ch such decl ar at ion of an arrangement as an impermissible avoidance arrangement shall apply. (7) No direction under sub-section(6)shall be issued unless an opportunity of being hear d is given to the assessee and the Assessing Officer on such directions which are prejudicial to the interest of the assessee or the interests of the revenue, as the case may be. (8) The Approving Panel may, before issuing any dir ection under sub-section (6),- (i) if it is of the opinion that any further inquiry in the matter is necessary, direct the Commissioner to make such inquiry or cause the inquiry to be made by any other income-tax authority and furnish a report containing the result of such inquiry to it; or (ii)call for and examine such records relating to the matter as it deems fit; or (iii)require the assessee to furnish such documents and evidence as it may direct. (9) If the mem ber s of the Approving Panel differ i n opinion on a n y p oi n t , such point shall be decided according to th e opin ion of the majority of the members. (10) The Assessing Officer, on receipt of directions of the Commissioner under sub-section (3) or of the Approving Panel under sub-section (6), shall pr oceed to complete the proceedings referred to in sub-section (1) in accordance with such directions and the provisions of Chapter X-A. (11) If any direction issued under sub-section(6)specifies that declaration of the arrangement as impermissible avoidance arrangementEx-454/2013 31 is applicable for any previous year other than the previous year to which the proceeding referred to in sub-section (1) pertains, then, the Assessing Officer while completing any assessment or reassessment proceedings of th e assessment year relevant to such other previous year shall do so in accordance with such directions and the provisions of Chapter X-A and it sh all n ot be necessar y for him to seek fresh dir ection on the issue for the relevan t assessment year. (12) No order of assessment or r eassessment shall be passed by the Assessing Officer without the prior approval of the Commissioner, if any tax consequences have been determined in the order under the provisions of Chapter X-A. (13) The Approving Panel shall issue directions under sub-section (6)within a period of six months from the end of the month in which the refer ence under sub-section(4)was received. (14) The directions issued by the Approving Panel under sub-section (6)shall be binding on— (i) the assessee; and (ii)the Commissioner and the income-tax authorities subordinate to him, and notwithstanding anything contained in any other provision of the Act, no appeal under the Act shall lie against such directions. (15) The Central Government shall, for the purposes of this section, constitute one or more Approving Panels as may be necessary and each pan el shall consist of three members including a Chairperson. (16) The Chairperson of the Approving Panel shall be a person who is or has been a judge of a High Court, and— (i) one member shall be a member of Indian Revenue Service not below the rank of Chief Commissioner of Income-tax; and (ii) one member shall be an academic or scholar having special knowledge of matters, such as direct taxes, business accounts and international trade practices. (17) The term of the Approving Panel shall ordinarily be for one year and may be extended from time to time up to a period of three years. (18) The Chairperson and members of the Approving Panel shall meet, as and when required, to consider the references made to the panel and sh all be paid such remun eration as may be prescribed. (19) In addition to the powers conferred on the Approving Panel under this section, it shall have the powers which are vested in the Authority for Advance Rulings under section 245U. (20) The Boar d shall provide to the Approving Panel such officials as may be necessary for the efficient exer cise of powers and discharge of functions of the Approving Panel under the Act. Ex-454/201332 (21) The Boar d may make rules for the purposes of the constitution and efficient functioning of the Approving Panel and expeditious disposal of the references received under sub-section(4). Explanation.—In computing the period referred to in sub-section (13),the following shall be excluded— (i) the period commencing from the date on which the first direction is issued by the Approving Panel to the Commissioner for getting the inquiries conducted through the authority competent under an agreement referred to in section 90 or section 90A and ending with the date on which the information so requested is last received by the Approving Panel or one year, whichever is less; (ii) the period during which the proceeding of the Approving Panel is stayed by an order or injunction of any court: Provided that where immediately after the exclusion of the aforesaid time or period, the period available to the Approving Panel for issue of directions is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid per iod of six month s shall be deemed to have been extended accordingly.”. 40.In section 144C of the Income-tax Act,— (a) sub-section(14A)shall be omitted; (b) after sub-section(14),th e following sub-section shall be inserted with effect from the 1st day of April, 2016, namely:— “(14A)The provisions of this section shall not apply to any assessmen t or r eassessment order passed by the Assessing Officer with the prior approval of the Commissioner as provided in sub-section (12)of section 144BA.”. 41.In section 153 of the Income-tax Act,— (I)in sub-section(1),for the third proviso, the following proviso shall be substituted and shall be deemed to have been subs- tituted with effect from the 1 st day of July, 2012, namely:— ‘Provided also that in case the assessment year in which the income was first assessable is the assessment year commencing on the 1st day of April, 2009 or any subsequent assessment year and during the course of th e proceeding for the assessment of tota l income, a referen ce un der sub- section(1)of section 92CA is made, the provision s of clause(a)shall, notwithstanding anythin g con tained in the first proviso, h ave effect as if for the words “two years”, the words “three years” had been substituted.’; (II)in sub-section(2),for the fourth proviso, the following pr ovi so s h a l l be substituted and shall be deemed to have been substituted with effect from the 1 st day of July, 2012, namely:— ‘Provided also that where the n otice under section 148 was served on or after the 1st day of April, 2010 and during the course of the proceeding forAmendment of section 144C. Amendment of section 153.Ex-454/2013 33 th e assessmen t or reassessmen t or recomputation of total income, a referen ce under sub-section(1)of section 92CA is made, the provisions of this sub-section shall, notwithstanding anything contained in the second proviso, have effect as if for the words “one year”, the words “two years” had been substituted.’; (III)in sub-section(2A),for the fourth proviso, the following proviso shall be substituted and shall be deemed to have been substituted with effect fr om th e 1 st day of Ju ly, 2012, n amely:— ‘Provided also that where the order under section 254 is received by the Chief Commissioner or Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the Commissioner on or after the 1 st day of April, 2010, an d dur ing th e course of the proceeding for th e fresh assessment of tota l in come, a referen ce under sub-section ( 1 ) of section 92CA is made, the provisions of this sub-section shall, notwithstanding anything con tain ed in the second proviso, have effect as if for the words “one year”, the words “two years” had been substituted.’; (IV)inExplanation1,— (a)for cl ause(iii),the following clause shall be substituted with effect from th e 1 st day of June, 2013, namely:— “(iii)the period commencing from the date on which the Assessing Officer directs th e assessee to get his accounts audited under sub-sect ion(2A)of section 142 an d— (a ) en d in g wi th th e l as t d ate on wh ich t h e as ses see i s r eq uir ed to furnish a report of such audit under that sub-section; or (b) where such direction is challenged before a court, ending with the date on which the order setting aside such direction is received by the Commissioner, or”; (b)for clause(v iii ),the following clause shall be substituted with effect from t he 1 st day of June, 2013, n am ely:— “(viii) the period commencing from the date on which a reference or first of the references for exchange of information is made by an authority competent under an agreement referred to in section 90 or section 90A and ending with the date on which the information requested is last received by th e Com missi oner or a per i od of on e yea r, wh ich ever is less, ”; (c) clause(ix)shall be omitted; (d) in clause(viii),at the end, the word “or” and after clause (viii),the following clause shall be inserted with effect from the 1st day of April, 2016, namely:— “(ix)the period commencing from the date on which a reference for declaration of an arrangement to be an impermissible avoi- dance arrangement is received by the Commissioner under sub- section (1) of section 144BA and ending on th e date on which a direction under sub-section(3)or sub-secti on(6)or an order under Ex-454/201334 sub-section(5)of the said section is received by the Assessing Officer,”. 42. In section 153B of th e Income-tax Act, in sub-section(1),— (a)for the fourth proviso, the following proviso shall be substituted and shall be deemed to have been substituted with effect fr om th e 1 st day of Ju ly, 2012, n amely:— ‘Provided also that in case where the last of the authorisations for search under section 132 or for requisition under section 132A was executed during the financial year commencing on the 1st day of April, 2009 or any subsequent fin ancial year an d dur ing t he course of the pr oceeding for th e assessment or r eassessmen t of total income, a reference un der sub-section(1)of section 92CA is made, the provisions of clause(a)or clause(b)of t his sub-section, shall, notwithstanding anything contained in clause (i) of the second proviso, have effect as if for the words “two years”, the words “three years” had been substituted:’; (b)for the sixth proviso, the following proviso shall be substituted and shall be deemed to have been substituted with effect fr om th e 1 st day of Ju ly, 2012, n amely:— ‘Provided also that in case where the last of the authorisations for search under section 132 or for requisition under section 132A was executed during the financial year commencing on the 1st day of April, 2009 or any subsequent financial year and during the course of the proceeding for the assessment or reassessment of total income, in case of other person referred to in section 153C, a reference under sub-section (1) of section 92CA is made, the period of limitation for making the assessment or reassessment in case of such other person shall, notwithstanding anything contained in clause (ii) of the second proviso, be the period of thirty-six months from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed or twenty-four months fr om th e end of th e fin ancial year in which books of accou nt or docum en ts or assets seized or requisitioned are handed over under section 153C to the Assessing Officer having jurisdiction over such other person, whichever is later.’; (c)in theExplanation,— (a)for clause (ii), the following clause shall be substituted with effect from the 1 st day of June, 2013, namely:— “(ii) the period commencin g from the date on which the Assessing Officer directs the assessee to get his accounts audited under sub-section(2A)of section 142 and— (a ) en d in g wi th th e l as t d ate on wh ich t h e as ses see i s r eq uir ed to furnish a report of such audit under that sub-section; or (b) where such direction is challenged before a court, ending with the date on which the order setting aside such direction is received by the Commissioner, or”;Amendment of section 153B. Ex-454/2013 35 (b)for clause (viii), the following clause shall be substituted with effect from t he 1 st day of June, 2013, n am ely:— “(viii) the period commencing from the date on which a reference or fi rst of t he refer en ces for exch ange of inform at ion is ma de by an auth ori ty competent under an agreement referred to in section 90 or section 90A and ending with the date on which the information requested is last received by th e Commissi oner or a period of on e year, wh ich ever is less, ”; (c) clause (ix) sh all be omitted; (d)in clause (viii), at the end, the word “or” and after clause (viii), the following clause shall be inserted with effect from the 1st day of April, 2016, namely:— “(ix)the period commencing from the date on which a reference for declaration of an arrangement to be an impermissible avoidance arrangement is received by the Commissioner under sub- section (1) of section 144BA an d en din g on th e dat e on wh ich a direction under sub-section (3)or sub-secti on(6)or an order under sub-section (5) of th e sa id secti on i s recei ved by t he Assessi ng Officer,”. 43.In section 153 D of the Income-tax Act, the following pr oviso shall be inserted with effect from the 1 st day of April, 2016, namely:— “Provided that nothing contained in this section shall apply where the assessment or reassessment order, as the case may be, is required to be passed by the Assessing Officer with the prior approval of the Commission er under sub-section(12)of section 144BA.”. 44.In section 167C of the Income-tax Act, the following Explanationshall be inserted with effect from th e 1st day of June, 2013, namely:— ‘Explanation.—For the purposes of this section, the expression “tax due” includes penalty, interest or any other sum payable under the Act.’. 45.In section 179 of the Income-tax Act, after sub-section (2), the followingExplanationshall be inserted with effect from the 1st day of June, 2013, namely:—Explanation.—For the purposes of this section, the expression “tax due” includes penalty, interest or any other sum payable under the Act.’. 46.After section 194-1 of the Income-tax Act, the following section shall be inserted with effect from the 1st day of June, 2013, namely:— ‘194-1 A. (1) Any person, being a transferee, responsible for paying (other than the person referred to in section 194LA) to a resident tr ansferor an y sum by way of consi der at ion for tra nsfer of an y imm o- vable property (other than agricultural land), shall, at the time of cr edit of such sum to th e a ccoun t of th e t r an sfer or or a t th e time of payment of such sum in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, d educt an amoun t equal to on e per cent. of such sum as income-tax thereon. Amendment of section 153D. Amendment of section 167C. Amendment of section 179. Insertion of new section 194-IA Payment on transfer of certain immovable property other than agricul- tural land. Ex-454/201336 (2) No deduction under sub-section (1) shall be made where the consideration for the transfer of an immovable property is less than fifty lakh rupees. (3) The provisions of section 203A shall not apply to a person required to deduct tax in accordance with the provisions of this section. Explanation.— For the purposes of this section,— (a)“agricultural land” means agricultural land in India, not being a land situate in any area referred to in items(a)and(b)of sub-clause (iii)of clause(14)of section 2; (b)“immovable property” means any land (other than agricul- tural land) or any building or par t of a building.’. 47.After section 194LC of the Income-tax Act, the following section shall be inserted with effect from the 1 st day of June, 2013, namely:— ‘194LD. (1) Any per son who is responsible for paying to a per son bein g a Foreign Institutional Investor or a Qualified For eign Investor, any income by way of in ter est refer red to in sub- section (2), sh all, at th e time of cr edit of such in come to th e accoun t of the payee or at the time of payment of such income in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct in come-tax th er eon at t h e r ate of fi ve per cen t. (2) The income by way of interest referred to in sub-sect ion (1) sh all be th e interest payable on or after the 1st day of June, 2013 but before the 1st day of June, 2015 in respect of investment made by the payee in— (i) a r upee denominated bond of an Indian compan y; or (ii) a Government security: Provided that the rate of interest in respect of bond referred to in clause (1) shall not exceed the rate as may be notified by the Central Government in this behalf. Explanation.—For the purpose of this section,— (a) “Foreign Institutional Investor” shall have the meaning assigned to it in clause(a)of t heExplanationto section 115 AD; (b) “Government security” shall have the mean in g assigned to it in clause (b)of section 2 of the Securities Contracts (Regulation) Act, 1956; (c) “Qualified Foreign Investor” shall have the meaning assigned to it in the Circular No. Cir/IMD/DF/14/2011, dated the 9th August, 2011, as amended from time to time, issued by th e Securities and Exchange Board of India, under section 11 of the Securities and Exchange Boar d of India Act, 1992.’.Insertion of new section 194LD. 42 of 1956. 15 of 1992.Ex-454/2013 37 Income by way of interest on certain bonds and Govern- ment securities. 48.In section 195 of the Income-tax Act, in sub-section (1), after the word, figures and letters “section 194LC”, the words, figures and letters “or section 194LD” sh all be inserted with effect fr om th e 1st day of Jun e, 2013. 49.In section 196D of the Income-tax Act, in sub-section (1), for the words, brackets, letters and figures “any income in respect of securities r efer r ed to in clause(a)of sub- section (1) of section 115AD is payable”, the words, brackets, letters and figures “any income in respect of securities referred to in clause(a)of sub-section (1) of section 115 AD, n ot be i n g i n c om e by way of in terest referred to in section 194LD, is payable” shall be substituted with effect from the 1st day of June, 2013. 50.In section 204,— (A) in clause(iia),for the words “authorised dealer”, the words “authorised person” shall be substituted; (B) in theExplanation,for cl ause(b),the following clause shall be substituted, namely:— ‘(b) “authorised person” shall have the meaning assigned to it in clause (c) of section 2 of the Foreign Exchange Management Act, 1999.’. 51.In section 206AA of the Income-tax Act, after sub-section (6),the following sub-section shall be inserted with effect from the 1st day of June, 2013, namely:— “(7) The provisions of this section shall not apply in respect of payment of interest on long-term infrastructure bonds as referred to in section 194LC, to a non-residen t, not being a company, or to a foreign company.”. 52.In sub-secti on(ID)of section 206C of the Income-tax Act, the brackets and words “(excluding an y coin or any oth er ar ticle weighin g ten grams or less)” shall be omitted with effect from the 1st day of June, 2013. 53.In section 245N of th e Income-tax Act,— (i) in clause(a),— (I)sub-clause(iv)shall be omitted; (I1)after sub-clause(i ii ),the following sub-clause shall be inserted with effect from the 1 st day of April, 2015, namely:— “(iv) a determination or decision by the Authority whether an arrangement, which is proposed to be undertaken by any person being a r esident or a non-resident, is an imper- missible avoidance arrangement as referred to in Chapter X-A or not: ”; (1) in clause(b),— (I) sub-clause(iiia)shall be omitted; (II) in sub-clause(iii ),for the word “or” occurring at the end, the word “and” shall be substituted;Amendment of section 195. Amendment of section 196D. Amendment of section 204. 42 of 1999. Amendment of sec tion 2 0 6 AA. Amendment of section 206C. Amendment of section 245N. Ex-454/201338 (III) in sub-clause(i ii),for the word “and” occurring at the end, the word “or” shall be substituted with effect from the 1st day of April, 2015; (IV) after sub-clause(iii),the following sub-clause shall be inserted with effect from the 1 st day of April, 2015, namely:— “(iiia)is refer red t o in sub-clause(iv)of clause(a);and”. 54.In section 245R of the Income-tax Act, in sub-section(2), in th e pr ovi so, in clause(iii),— (a) the words, brackets, figures and letters “or in the case of an applicant falling in sub-clause(iiia)of clause(b)of secti on 245N” shall be omitted; (b) after the words, brackets, letters and figures “clause(b) of section 245N”, the words, brackets, figures and letters “or in the case of an applicant falling in sub- cl a us e(iiia)of clause(b)of section 245N” shall be inserted with effect from the lst day of April,2015. 55.In section 246A of the Income-tax Act, in sub-section (1),— (i) in clause(a),— (I)the words, brackets, figures and letters “or an order referred to in sub-section(12)of secti on 144BA” shal l be omitt ed; (II) after the words “Dipute Resolution Panel,” th e words, brackets, figures and letters “or an order referred to in sub-section(12)of section 144B A” shall be inserted with effect from the 1st day of April, 2016; (ii) in clause(b),— (I)the words, brackets, figures and letters “or an order referred to in sub-section(12)of secti on 144BA” shal l be omitt ed; (II)aft er th e wor ds “Dispute Resolut ion Panel ”, th e wor ds, brackets, figures and letters “or an order referred to in sub-section (12)of section 144BA” sh all be inserted wit h effect fr om t he 1st day of April, 2016; (iii)in clause(ba),— (I)the words, brackets, figures and letters “or an order referred to in sub-section(12)of secti on 144BA” shal l be omitt ed; (II) the words, brackets, figures and letters “or an order referred to in sub-section(12)of section 144BA” shall be inserted at the end with effect from the lst day of April,2016; (iv) in clause (c),- (I) the words, brackets, figures and letters “except where it is in respect of an order as r eferred to in sub-section (12) of section 144BA” shall be omitted; (II) the words, brackets, figur es and letters “except an order referred to in sub-section (12) of section 144BA” shall be inserted at the end with effect from the 1st day of April, 2016. 56.In section 252 of the Income-tax Act, for sub-section (3), the fol lowing sub-section shall be substituted with effect from the 1st day of June, 2013, namely:— Amendment of section 245R. Amendment of section 246A. Amendment of section 252. Ex-454/2013 39 “(3) The Central Government shall appoint— (a) a per son wh o is a sittin g or r etir ed Judge of a High Cour t and who has completed not less than seven years of ser vice as a Jud ge in a Hi gh C our t; or (b) the Senior Vice-President or one of the Vice-Presidents of the Appellate Tribunal, to be the Presi dent thereof.”. 57.In section 253 of the Income-tax Act, in sub-section (/),— (a) clause (e) shall be omitted; (b) after clause(d),the following clause shall be inserted with effect from the 1st day of April, 2016, namely:— “(e) an order passed by an Assessing Officer under sub-section (3)of section 143 or section 147 or section 153 A or section 153C with the approval of the Commissioner as referred to in sub-section(12) of section 144BA or an order passed under section 154 or section 155 in r espect of such order.”. 58.For section 271 FA of the Income-tax Act, the following section shall be substituted with effect from th e 1st day of April, 2014, namely:— “271 FA. If a person who is required to furnish an annual information return under sub-section (1) of section 285BA, fails to furnish such return within the time prescribed under sub-section (2) thereof, the in come-tax authority prescribed under said sub-section (1) may direct that such person shall pay, by way of penalty, a sum of one hundred rupees for every day during which such failure continues: Provided that where such person fails to furnish the return within the period specified in the notice issued under sub-section(5)of section 285BA, he shall pay, by way of penalty, a sum of five hundred rupees for every day during which the failure continues, beginning from th e day immediately following the day on which the time specified in such notice for furnishing the return expires.”. 59.In section 295 of the Income-tax Act, in sub-section (2), with effect from the 1st day of April, 2016, — (i) clause (ee) shall be renumbered as clause(e)and after clause (e) as so renumbered, th e following clause shall be inser ted, namely:— “(ee) th e matters specified in Chapter X-A;”; (ii) after clause (eec), the following clause shall be inserted, namely:— “(eed) remuneration of Chairperson and members of the Approving Panel under sub-section (18) and procedure and manner for constitution of, functioning and disposal of referen ces by, th e Approving Panel un der sub-section(21)of section 144BA;”.Amendment of section 253. Substitution of new section for section 171FA. Penalty for failure to furnish annual information return. Amendment of section 295. Ex-454/201340 60.In the Fourth Schedule to the Income-tax Act, in Part A, in rule 3, in sub-rule (1), in the first proviso, for th e figures, letters and words “31 st day of March, 2013”, the figures, letters and words “31st day of March, 2014” shall be substituted. Wealth-tax 61.In section 2 of the Wealth-tax Act, 1957 (hereinafter referred to as the Wealth-tax Act), in clause(ea).inExplanation1,— (A)in clause(b),for the words “but does not include land on which construction of a building”, the following shall be substituted and shall be deem ed to h ave been substituted with effect from the 1st day of April, 1993, n amely:— “but does not include land classified as agricultural land in the records of the Government and used for agricultural purposes or land on which construction of a building”; (B)for clause(b)as so amended, the following ciause shall be substituted with effect from the 1st day of April, 2014, namely:- ‘(b) “ urban land” means land situate— (i) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by any other name) or a cantonment board and which h as a populat ion of n ot less th an ten th ousan d; or (ii) in any area within the distance, measured aerially,— (I) not being more than two kilometres, from the local limits of any municipality or cantonment board referred to in sub-clause (i) and which has a population of more than ten thousand but not exceeding on e l akh; or (II)not being more than six kilometres, from the local limits of an y municipality or cantonment boar d refered to in sub-clause (i) and which has a population of more than one lakh but not exceeding ten lakh; or (III) not being more than eight kilometres, from the local limits of any mun icipality or cantonment boar d referred to in sub-clause (i) and which has a population of more than ten lakh, but does not include land classified as agricultural lan d in the records of the Government and used for agricultural purposes or land on which construction of a building is not permissible under any law for the time being in force in the area in which such land is situated or the land occupied by any building which has been constructed with the approval of the appropriate authority or any unused land held by th e assessee for industrial pur poses for a period of two year s from the date of its acquisition by him or any land held by the assessee as stock-in -trade for a period of ten years from th e date of its acquisition by him. Amendment of Fourth Schedule. Amendment of section 2.27 of 1957 Ex-454/2013 41 Explanation.—For the purposes of clause(b)ofExplanation I, “population” means the population according to the last preceding census of which the relevant figures have been published before the date of valuation.’. 62.After section 14 of the Wealth-tax Act, the following sections shall be in serted with effect from the 1st day of June, 2013, namely:— “14A. The Board may make rules providing for a class or classes of persons who may not be required to furnish documents, statements, receipts, certificates, audit reports, reports of registered valuer or any other documents, which are otherwise under an y oth er provisions of this Act, except section 14B, required to be furnished, along with the return but on demand to be produced before th e Assessin g Officer. 14B. The Board may make rules providing for— (a) the class or classes of persons who shall be required to furni sh the return in electronic form; (b) the form and the manner in which the return in electronic form may be fur n ish ed; (c) the documents, statements, receipts, certificates, audit reports, reports of registered valuer or any other documents which may not be furnished along with the return in electronic form but shall be produced before the Assessing Officer on demand; (d) the computer resource or the electronic record to which the return inelectronic form may be transmitted.”. 63. In section 46 of the Wealth-tax Act, in sub-section (2), after clause(b),the following clauses shall be inserted with effect from the 1st day of June, 2013, namely:— “(ba)the documents, statements, receipts, certificates, audit reports, reports ofregistered valuer or any other documents which may not be furnished along with the return but shall be produced before the Assessin g Officer on demand under section14 A; (bb)the class or classes of persons who shall be required to furnish the return in electronic form; the form and the manner in which the return in electronic form may be furnished; the docu- ments, statements, receipts, certificates, audit reports, reports of registered valuer or any other documents which may not be furnished along with the return in electronic form and the computer resour ce or electronicrecord to which such return may be transmitted under section 14B;”.Insertion of new sections 14A and 14B. Power of Board to dispense with furnishing documents etc., with return of wealth. Filing of return in electron ic form. Amendment of section 46. Ex-454/201342 CHAPTER IV INDIRECTTAXES Customs 64.In the Customs Act, 1962 (hereinafter referred to as the Customs Act), in section 11, in sub-section (2), in clause (n), for the words “and copyrights”, the words “,copyrights, designs and geogr aphical indications” shall be substituted. , 65.In section 27 of the Customs Act. in sub-section (I), after the second proviso, the followin g proviso shall be inser ted, namel y:— “Provided also that where the amount of refund claimed is less than rupees one hundred, the same shall not be refunded.”. 66.In section 28 of the Customs Act, in sub-section (I), the following proviso shall be inserted, namely:— “Provided that the proper officer shall not serve such show cause notice, where the amount involved is less than rupees one hundred.”. 67.In section 28BA of the Customs Act, in sub-section (I), for the words, brackets an d figures “sub-section (I) of section 28”, the words, brackets and figures “sub-section (1) or sub-section(4)of sect ion 28" shall be substituted. 68.In section 28E of the Customs Act, for clause (a), the following clause shall be substituted, namely:— ‘(a)“activity” mean s import or export an d i ncludes any new business of import or export proposed to be undertaken by the existing importer or exporter, as the case may be;’. 69.In section 29 of the Customs Act, in sub-section (I), after the words “as the case may be”, the words “, unless per mitted by t he Board” shall be inserted. 70.In section 30 of the Customs Act, in sub-section (I),— (a) for the words “an import manifest prior to the arrival”, the words “an import manifest by presenting electronically prior to the arrival” shall be substituted; (b) the following proviso shall be inserted, namely:— “Pr ovid ed th at th e Commiss ion er of Cust om s m ay, i n ca ses where it is not feasible to deliver import manifest by presenting electronically, allow the same to be delivered in any other manner.”. 71.In section 41 of the Customs Act, in sub-section (I),— (a) for the words “export manifest”, the words “export manifest by presenting electronically” shall be substituted; (b) the following proviso shall be inserted, namely:— 52 of 1962. Amendment of section 11. Amendment of section 27. Amendment of section 28. Amendment of section 28BA. Amendment of section 28E. Amendment of section 29. Amendment of section 30. Amendment of section 41.Ex-454/2013 43 “Provided that the Commissioner of Customs may, in cases where it is not feasible to deliver the export manifest by presenting electronically, allow the same to be delivered in any other manner.”. 72.In section 47 of the Customs Act, in sub-section (2), for the words “five days”, the words “two days” shall be substituted. 73.In section 49 of the Customs Act,— (a) for the words “be permitted to be stored in a public war eh ouse”, t he words “be permitt ed t o be stored for a period not exceeding thirty days in a public warehouse” sh all be substituted; (b) the following proviso shall be inserted, namely:— “Provided that th e Commission er of Customs may extend th e per iod of storage for a further period not exceeding thirty days at a time.”. 74.In section 69 of the Customs Act, in sub-section (I), for clause (a), the following clause shall be substituted, namely:— “(a) a shipping bill or a bill of export in the prescribed form or a l abel or declaration accompan ying the goods as referred to in sect ion 82 has been presented in respect of such goods.”. 75.In section 104 of the Customs Act, for sub-section (6), the following sub-sections shall be substituted, namely:— “(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under section 135 relating to— (a) evasion or attempted evasion of duty exceeding fifty lakh rupees; or (b) prohibited goods notified under section 11 which are also notified under sub-clause (C) of clause (i) of sub-section (I) of section 135; or (c) impor t or export of any goods which have not been declared in accordance with the provisions of this Act and the market price of which exceeds one cr ore rupees; or (d)fraudulently availing of or attempt to avail of drawback or any exemption from duty provided under this Act, if the amount of drawback or exemption from duty exceeds fifty lakh rupees, shall be non-bailable. (7) Save as oth erwise provided in sub-section (6), all other offences under this Act shall be bailable.”. , 76.In section 129B of the Customs Act, in sub-section (2A), after the second proviso, the following proviso shall be inserted, namely:— Amendment of section 47. Amendment of section 49. Amendment of section 69. Amendment of section 104. 2 of 1974. Amendment of section 129B. Ex-454/201344 “Provided also that where such appeal is not disposed of within th e per iod specified in the first proviso, the Appellate Tribunal may, on an application made in this behalf by a party and on being satisfied that the delay in disposing of the appealis not attributable to such par ty, extend the period of stay to such further period, as it thinks fit, not exceeding one hundred and ei gh t y-fi ve d ays, an d in ca se th e a ppeal is n ot s o d i s p os ed of wi t h i n t h e t o t a l period of three hundred and sixty-five days from the date of order referred to in the first proviso, the stay order shall, on the expiry of th e said per iod, stand vacated.”. 77.In section 129C of th e Customs Act, in sub-section(4),for the words “ten lakh rupees”, the words “fifty lakh rupees” shall be substituted. 78.In section 135 of the Customs Act, in sub-section (I), in clause (i), in sub-clauses(B)and (D), for the words “thirty lakh”, the words “fifty lakh” shall respectively be substituted. 79.In section 142 of the Customs Act, in sub-section (I), after the proviso, thefollowing clause shall be inserted, namely:— “(d) (i) the proper officer may, by a notice in writin g, require any other person from whom money is due to such person or may become due to such person or who hol ds or may subsequen tly h old mon ey for or on account of such per son, to pay t o th e credit of the Central Government either forthwith upon the money becoming due or being held, or at or within the time specified in the notice not being befor e the money becomes due or is held, so m uch of the m on ey a s i s suffi ci en t t o pa y t h e amount d ue fr om such per son or the whole of the money when it is equal to or lessthan that amount; (ii) every person to whom the notice is issued under this section shall be bound to comply with such notice, and in particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entr y, endorsement or the li ke bein g made befor e th e paymen t is made, notwithstanding any rule, practice or requirement to the contrary; (iii)in case the person to whom a notice under this section ha s been i ssued, fails to make the payment in pursuance thereof to the Central Government, he shall be deemed to be a defaulter in respect of the amount specified in the notice and all the consequences of this Chapter shall follow.”. 80.Section 143 Aof th e Customs Act shall be omitted. 81.In section 144 of the Customs Act, in sub-section (3), the wor ds” , i f such dut y amounts to five r upees or m ore” shall be omitt ed. 82.For section 146 of the Customs Act, the following section shall be substituted, namely:—Amendment of section 129C. Amendment of section 135. Amendment of section 142. Omission of section 143A. Amendment of section 144.. Substitution of new section for section 146. Ex-454/2013 45 “146. (I) No person shall carry on business as a customs broker relating to the entry or departure of a conveyance or the import or export of goods at any customs station unless such person holds a licen ce gr anted in th is beh alf in accordance with t h e r eg u l a t i on s . (2) The Board may make regulations for the purpose of carrying out the provisions of this section and, in particular, such regulations may provide for— (a) the authority by which a licence may be granted under th is section and the period of validity of such licen ce; (b) the form of the licence and the fees payable therefor; (c) the qualifications of persons who may apply for a l i c en c e a n d t h e qua lifica tions of per sons t o be employed by a licen see to assist him in his workas a customs broker; (d) the manner of conducting the examination; (e) the restrictions and conditions (including the furnishing of security by the licensee) subject to which a licence may be granted; (f) the circumstances in which a licence may be suspended or revoked;and (g) the appeals, if any, against an order of suspension or revo- cation of a licence, and the period within such appeal may be filed.”. 83.In section I46A of the Customs Act,— (a) in sub-section (2), in clause(b),for the words “cust oms house agent”, the words “customs broker” shall be substituted; (b) in sub-section (4),— (i) for clause(b),the following clause shall be substituted, namely:— “( b) wh o is con victed of an offen ce con nected with an y pr o- ceeding under this Act, the Central Excise Act, 1944, the Gold (Control) Act, 1968 or the Finan ce Act, 1994; or”; (ii) for the words, figures and brackets “Central Excises and Salt Act, 1944 or the Gold (Control) Act, 1968”, the words, figures and brackets “Central Excise Act, 1944 or the Gold (Control) Act, 1968 or the Finance Act, 1994” shall be substituted. 84.In section 147 of the Customs Act, in sub-section (3), after the words ‘“for such pur poses”, the words “includin g liability th erefor under this Act” shall be inserted. 85.(1) The notification of the Government of India in the Ministry of Finance (Department of Revenue) number GS.R. I53(E), dated the 1st March, 2011, issued under sub-secti on (I) of section 25 of the Customs Act, 1962 shall stand amended and shall be deemed to have been amended retrospectively, in the manner specified in column (2) of the Second Schedule, on and from the date specified in column (3) of that Schedule.Licence for customs brokers. Amendment of section 146A. 1 of 1944. 45 of 1968. 32 of 1994. 1 of 1944. 45 of 1968. 32 of 1994. Amendment of section 147. Amendment of notification issued under su b-s ect ion ( I) of section 25 of Customs act retrospectively.52 of 1962. Ex-454/201346 (2) For th e purposes of sub-section (I), th e Central Government shall have and shall be deemed to have the power to amend the notification referred to in sub-section (1) with retrospective effect as if the Central Government had the power to amend the said notification under sub-section (1) of section 25 of the Customs Act, 1962 retrospectively, at all material times. (3) The refund shall be made of all such duty of customs which h as been collected but which would not have been so collected, had the notification referred to in sub-section (1), been in force at all material times. (4) Notwithstanding anything contained in the Customs Act, 1962, an application for the claim of refund of duty of customs shall be made within six months from the date on which the Finance Bill, 2013 receives the assent of the President. Explanation.—For the removal of doubts, it is hereby declared that the provisions of section 27 of the Customs Act. 1962, shall be applicable in case of refunds under this section. Customs Tariff 86.In th e Customs Tar iff Act, 1975 (hereinafter referred to as the Customs Tariff Act), the First Schedule shall be amended in the manner specified in the Third Schedule. 87.In the Customs Tariff Act,— (a) in the Second Schedule, against SI. No. 43, for the entry in column (2), the entry “7210, 7212” shall be substituted an d shall be deemed to have been substituted with effect from th e 1st day of Ma rch, 2011: (b) the Second Schedule shall be amended in the manner specified in the Fourth Schedule. Excise 88.In the Central Excise Act, 1944 (hereinafter referred to as the Central Excise Act), in section 9, in sub-section (I), in clause (i), for the words “thirty lakh”, the words “fifty lakh” shall be substituted. 89.In section 9A of the Central Excise Act, for sub-section (1), the following sub-sections shall be substituted, namely:— “(1) Notwithstanding anything contained in the Code of Criminal Procedure. 1973, offences under section 9, except the offences r eferred to in sub-section(IA),shall be non-cognizable within the meaning of that Code. (IA)Th e offences relating to excisable goods where the duty leviable thereon under this Act exceeds fifty lakh rupees and punishable under clause(b)or clause(bbbb)of sub-sect ion (I) of section 9, shall be cognizable and non-bailable.”.52 of 1962. 52 of 1962. 52 of 1962. 51 of 1975. Amendment of First Schedule. Amendment of Second Schedule. 1 of 1944. Amendment of section 9. Amendment of section 9A. 2 of 1974.Ex-454/2013 47 90.Section 11 of the Central Excise Act shall be renumbered as sub-section (1) thereof, and in sub-section (1) as so renumbered,— (a)for the portion beginning with the words “may deduct” and ending with the words “or may recover the amount”, the following shall be substituted, namely:— “may deduct or require any other Central Excise Officer or a proper officer referred to in section 142 of the Customs Act, 1962 to deduct the amount so payable from any money owing to the person from whom such sums may be recoverable or due which may be in his hands or under his disposal or control or may be in the hands or under disposal or control of such other officer, or may recover the amount”; (b)after sub-section (I) as so renumbered, the following sub-section shall be inserted, namely:— “(2) (i) The Central Excise Officer may, by a notice in writing, require any other person from whom money is due to such person, or ma y become due to such person, or who holds or may subse- quently h old money for or on account of such person, to pay to the credit of the Central Government either forthwith upon the money becoming due or being held, or at or within the time specified in the n otice, not being befor e the money becomes due or is held, so mu ch of th e mon ey as is su ffi cien t to pa y th e am oun t due fr om su ch person or the whole of the money when it is equal to or less than that amount; (ii) every person to whom a notice is issued under this subsec- tion shall be bound to comply with such notice, and in par ticular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessar y to produce any pass book, deposit r eceipt, pol icy or an y oth er documen t for th e pur p ose of a n y en t r y, en dor sement or the like being made before paymen t is made, notwith- standing any rule, practice or requirement to the contrary; (iii)in a case where the person to whom a notice under this sub-section has been issued, fails to make the payment in pursuance thereof to the Central Government, he shall be deemed to be a person from whom duty and any other sums of any kind payable to the Central Government under any of the provisions of this Act or the rules made thereunder have become due, in respect of the amount specified in the notice and all the consequences under this Act shall follow.”. 91.In section 11A of the Central Excise Act, after sub-section(7), the following sub- section shall be inserted, namely:— “(7A) Notwithstanding anything contained in sub-section (I) or sub-section (3) or sub-section(4)or sub-section (5), the Central Excise Officer may, serve, subsequent to any notice or notices served un der any of those sub-sections, as th e case may be, a statement, containing the details of duty of centr al excise not levied or paid or short-levied or short-paid or erroneously refunded for the subsequent period, on the per son ch argeable to duty of central excise, then, service of such statement shall be deemed to be ser vice of notice on such per son under the a foresaid sub-section (I) or sub-sect ion (3) or sub-sect ion(4)or sub-section (5), subject to the condition that the grounds relied upon for the subsequent period are the same as are mentioned in the earlier notice or notices.”.Amendment of section 11. 52 of 1962. Amendment of section 11A. Ex-454/201348 92.In section 11DDA of the Centr al Excise Act, in sub-section (I), the words, brackets and figure “sub-section (I) of” shall be omitted. 93.In section 20 of the Central Excise Act, for the words “shall either admit him”, the words “shall, where the offence is non-cognizable, either admit him” shall be substituted. 94.In section 21 of the Central Excise Act, in sub-section (2), in the proviso,— (i) in clause(a),for the words “shall either admit him”, the words “shall, where the offence is non-cognizable, either admit him” shall be substituted; (ii)in clause(b),after the words “against the accused person”, the words “in respect of offence which is non-cognizable” shall be inserted. 95.In section 23 A of th e Central Excise Act, for clause(a),the following clause shall be substituted, namely:— ‘(a) “activity” means production or manufacture of goods an d in cludes any new business of production or manufacture proposed to be undertaken by the existing producer or manufacturer, as the case may be;’. 96.In section 23C of the Centr al Excise Act, in sub-section (2), in clause (e), for th e words “admissi bil ity of credit of excise duty”, th e words “admissibility of credit of service tax paid or deemed to have been paid on in put service or excise duty” shall be substituted. 97.In section 23F of the Central Excise Act. in sub-section (I), for the word, figures and letter “section 28-1”, the word, figures and letter “section 23D” shall be substituted. 98.In section 35C of the Central Excise Act. in sub-section (2A), after the second proviso, the following proviso shall be inser ted, namely:— “Provided also that where such appeal is not disposed of within the period specified in th e first proviso, th e Appellate Tribunal may, on an application made in this behalf by a party and on being satisfied that the delay in disposing of the appeal is not attributable to such par ty, extend the period of stay to such further period, as it thinks fit, not exceeding one hundred and eighty-five days, and in case the appeal isnotso disposed of within the total period of three hundred and sixty-five days from th e date of order referred to in the first proviso, the stay order shall, on the expiry of the said period, stand vacated.”. 99.In section 35D of the Centr al Excise Act, in sub-section (3), for the words “ten lakh rupees”, t he words “fi fty lakh rupees” sh all be substituted. 100.In section 37C of the Central Excise Act,— (i) in sub-section (I), in clause (a), after the words “regis- t er ed post wi th acknowledgement due”, the words and figures Amendment of section 11DDA. Amendment of section 20. Amendment of section 21. Amendment of section 23A. Amendment of section 23C. Amendment of section 23F. Amendment of section 35C. Amendment of section 35D. Amendment of section 37C. Ex-454/2013 49 “or by speed post with proof of delivery or by courier approved by the Centr al Board of Excise and Customs constituted under the Cen tral Boards of Reven ue Act, 1963” shall be inserted; (ii) in sub-section (2), after the words “delivered by post”, the words, brackets and figure “or courier referred to in sub-section (1)” shall be inserted. 101.The Third Schedule to the Central Excise Act shall be amended in the manner specified in the Fifth Schedule. Central Excise Tariff 102.In the Central Excise Tariff Act, 1985 (hereinafter referred to as the Central Excise Tariff Act), th e First Schedule shall be amended in the manner specified in the Si xth Schedule. CHAPTERV SE RVICETAX 103.In the Finance Act, 1994,— (A)in section 65B,— (i) in clause (II),— (a) in sub-clause (i), after th e words “National Council for Vocational Training”, the words “or State Council for Vocational Training” shall be inserted; (b) in sub-clause(ii), the word “or” occurring at the end shall be omitted; (c) sub-clause(iii) shall be omitted; (ii) in clause(40),after the words and figures “the Central Excise Act, 1944”, the words, brackets and figures “or the Medicinal and Toilet Preparations (Excise Duties) Act, 1955” shall be in serted; (B) in section 66B, theExplanationshall be omitted; (C) after section 66B, the following section shall be inserted, namely:— “6 6BA. (I) For the purpose of l evy an d col lecti on of servi ce tax, any reference to section 66 in the Finance Act, 1994 or any other Act for th e time bein g in for ce, sh all be constr ued as referen ce to section 66B thereof. (2) The provision s of this sect ion shall be deemed to h ave com e in to force on th e 1st day of July, 2012.”; (D)in section 66D, in clause(d),in sub-clause (i), the word “seed” shall be omitted; (E) in section 73, after sub-section (2), the following sub-section shall be inserted, namely:—Amendment of Third Schedu le. Amendment of First Schedule. Amendment of Act 32 of 1994. 5 of 1986. 1 of 1944. 16 of 1955. Reference to section 66 to be construed as reference to section 66B. Ex-454/201350 54 of 1963. 32 of 1994. “(2A) Where any appellate authority or tribunal or court concludes that the notice issued un der the proviso to sub-section (I) is not sustainable for the reason that th e ch arge of,— (a) fraud; or (b) collusion; or (c) wilful mis-statement; or (d)suppression of facts; or (e) con tra ven tion of any of the provi sions of th is Cha pt er or therules made thereunder with intent to evade payment of service tax, has not been established against the person chargeable with the service tax, to whomth e n otice was issued, the Centr al Excise Officer shall determin e the service tax payable by such person for the period of eighteen months, as if the notice was issued for theoffences for which limitation of eighteen months applies under sub-section (1).”; (F)in section 77, in sub-section (I), for clause (a), the following cl au se sh all besubstituted, namely:— “(a) who is liable to pay service tax or required to take registra- tion, fails totake registration in accordance with the provisions of section 69 or rules madeunder this Ch apter shall be liable to a penalty which may extend to ten thousandrupees;”; (G) after section 78, the following section shall be inserted, namely:— “78A. Where a company has committed any of the follo- wingcontraventions, namely:— (a) evasion of service tax; or (b) issuance of invoice, bill or, as the case may be, a challan withoutprovision of taxable service in violation of the rules made under theprovisions of t his Chapter ; or (c) availment and utilisation of credit of taxes or duty without actualreceipt of taxabl e service or excisable goods eit her fully or partially inviolation of the rules made under the provisions of this Chapter; or (d) failur e to pay an y amount collected as ser vice tax to the credit ofth e Cen tra l Gover n men t beyon d a period of six m ont hs fr om the dateon which such payment becomes due, then any director, manager, secretary or other officer of such company, who at the time ofsuch contravention was in charge of, and was responsible to, the company for the conductof business of such company and was knowingly concerned with such contravention, shall be liable to a penalty which may extend to on e lakh rupees.”; (H)in section 83, for the figure and letter “9A”, the words, brackets, figures andletter “sub-section (2) of section 9A” shall be substituted; Penalty for offences by director, etc., of compan y.Ex-454/2013 51 (I) in section 86, in sub-section (5), for the word, brackets and figure “sub-sect i on(3)”,the words, brackets and figures “sub-section (1) or sub-section (3)” shall be substituted; (J)in section 89,— (a)in sub-section (1), for clauses (i) and(ii),the following clauses shallbe substituted, namely:— “(i) in th e case of an offence specified in clause(a), (b)or(c) wherethe amount exceeds fifty lakh rupees, with imprisonment for a termwhichmay extend to three years: Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment sh a ll n ot be for a ter m of less th an six mon t h s; (ii) in th e case of the offence specified in clause(d),where the amount exceeds fifty lakh rupees, with imprisonment for a term which may extend to seven years: Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court,such imprisonment shall not be for a ter m of less than six mont hs; (iii) in the case of any other offences, with imprisonment for a term, which may extend to one year.”; (b)for sub-section (2), th e following sub-section shall be substituted, namely:— “(2) If any person is convicted of an offence punishable under— (a) clause (i) or clause(i ii ),th en, he shall be punished for the second and for every subsequent offence with imprisonment for a term which may extend to three years; (b) clause (ii), then, he shall be punished for the second and for every subsequent offence with imprisonment for a term which may extend to seven years.”; (K) after section 89, the following sections shall be inserted, namely.— “90. (I) An offence under clause (ii) of sub-section (I) of section 89 shall be cognizable. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences, except th e offences specified in sub-section (I), shall be non-cognizable and bailable. 91.(I) If the Commissioner of Central Excise has reason to believe that any person has committed an offence specified in clause (i) of clause (ii) of sub-section (I) of section 89, he may, by general or special order, authorise any officer of Central Excise, not below the rank of Superintendent of Central Excise, to arrest such person.Cognizance of offences. 2 of 1974. Power to arrest. Ex-454/201352 (2) Wher e a person is arrested for any cognizable offen ce, every officer authorised to arrest a person shall, inform such person of the grounds of arrest an d produce him before a magistrate within twenty-four hours. (3) In the case of a non-cogniz able and bailable offence, the A s s i s t a n t Commission er, or the Deputy Commissioner, as the case may be, shall, for the purpose of releasin g an arrested person on bail or other wise, have the same powers and be subject to the same provisions as an officer in charge of a police station has, and is subject to, under section 436 of the Code of Criminal Procedure, 1973. (4) All arrests under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 relating to arrests.”; (L) in section 95, after sub-section(I-I), th e foll owing sub-secti on sh all be inserted, namely:— “(IJ) If any difficulty arises in giving effect to section 103 of the Finance A ct , 2 0 1 3 , i n s o fa r a s i t r el a t es t o a m en d m en t s m a d e by t h e F i n a n ce A ct , 2 0 1 3 in Chapter V of the Finance Act, 1994, the Central Government may, by an order published in the Official Gazette, not inconsistent with the provisions of this Chapter, remove the difficulty: Provided that n o such order shall be made after th e expiry of a period of one year from the date on which the Finance Bill, 2013 receives the assent of the President.”; (M) after section 98, the following section shall be inserted, namely:— “99. (I) Notwithstanding anything contained in section 66, as it stood prior to the 1st day of July, 2012, or in section 66B, no service tax shall be levied or coll ected in r espect of taxable services provided by the Indian Rai lways durin g the period prior to th e 1st day of October, 2012. (2) No refund shall be made of service tax paid in respect of taxable services provided by the Indian Railways during the said period prior to the 1st day of October, 2012.”. CHAPTER VI S E RV ICE T AX V OLUNTARY C OMPLIANCE E NCOURAGEMENT S CHEME , 2013 104.This Scheme may be called the Service Tax Voluntary Compliance Encouragement Scheme, 2013. 105.(I) In this Scheme, unless the context otherwise requires,— (a) “Ch apter” mean s Chapter V of the Fin an ce Act, 1994; (b) “declarant” means any person who makes a declaration under sub-section (I) of section 107; (c) “designated authority” means an officer not below the rank of Assistant Commissioner of Central Excise as notified by the Commissioner of Central Excise for the purposes of this Scheme; 2 of 1974. 2 of 1974. 32 of 1994. Special provision for taxable services provided by Indian Railways. Short title. Definitions. 32 of 1994. Ex-454/2013 53 (d) “prescribed” means prescribed by rules made under this Scheme; (e) “tax dues” means the service tax due or payable under the Chapter or any other amount due or payable under section 73A thereof, for the period beginning from the 1st day of October, 2007 and ending on the 31st day of December, 2012 including a cess leviable thereon under any other Act for the time being in force, but not paid as on the 1st day of March, 2013. (2) Words and expressions used herein and not defined but defin ed in the Chapter or the rules made thereunder shall have the meanings respectively assigned to them in the Chapter or the rules made thereunder. 106.(I) Any person may declare his tax dues in respect of which no notice or an order of deter minat ion under section 72 or section 73 or section 73A of the Chapter h as been issued or made before the 1st day of March, 2013: Provided that any person who has furnished return under section 70 of the Chapter and disclosed his true liability, but has not paid the disclosed amount of service tax or any part thereof, shall not be eligible to make declaration for the period covered by the said return: Provided further that where a notice or an order of determination has been issued to a person in respect of any period on any issue, no declaration shall be made of his tax dues on the same issue for any subsequen t per iod. (2) Where a declaration has been made by a person against whom,— (a)an inquiry or investigation in respect of a service tax not levied or not paid or short-levied or short-paid has been initiated by way of— (i) sear ch of premises under section 82 of the Chapter; or (ii)issuance of summons under section 14 of the Central E xci se A ct , 1944, as made applicable to the Chapter under section 83 th er eof; or (iii)requiring production of accounts, documents or other evidence under the Chapter or the rules made thereunder; or (b)an audit has been initiated, an d such in quiry, in vestigation or audit is pendin g as on the 1st day of March, 2013, then, the designated authority shall, by an order, and for reasons to be recorded in writing, reject such declaration. 107.(I) Subject to the provisions of this Scheme, a person may make a declaration to the designated authority on or befor e the 31 st day of December, 2013 in such form and in such manner as may be prescribed. (2) The designated authority shall acknowledge the declaration in such form and in such manner as may be prescribed. Person who may make declaration of tax dues. 1 of 1944. Procedure for making declaration and payment of tax dues Ex-454/201354 (3) The declarant shall, on or before the 31 st day of December, 2013, pay not less than fifty per cent, of the tax dues so declared under sub-section (I) and submit proof of such paymen t t o the designated a uthority. (4) The tax dues or part thereof remaining to be paid after the payment made under sub-section(3)shall be paid by the declarant on or before the 30th day of June, 2014: Provided that where the declarant fails to pay said tax dues or part thereof on or before the said date, he shall pay the same on or before the 31st day of December, 2014 along with interest thereon, at such rate as is fixed under section 75 or, as the case may be, section 73B of the Chapter for th e period of delay starting from the 1st day of July, 2014. (5) Notwithstanding anything contained in sub-section (3) and sub-section(4),an y service tax which becomes due or payable by the declarant for the month of January, 2013 and subseq uen t months shall be paid by him in accor dance with the provisi ons of the Chapter and accordingly, interest for delay in payment thereof, shall also be payable under the Chapter. (6) The declarant shall furnish to the designated authority details of payment made from time to time under this Scheme along with a copy of acknowledgement issued to him under sub-section (2). (7) On furnishing th e details of full payment of declar ed tax dues and the interest, if any, payable under the proviso to sub-section (4), the designated authority shall issue an acknowledgement of discharge of such dues to the declaran t in such form and in such manner as may be prescribed. 108.(I) Notwithstanding anything contained in any provision of the Chapter, the declarant, upon payment of the tax dues declared by him under sub-section (I) of section 107 a n d t h e i n t er est pa ya bl e un der t h e proviso to sub-section(4)thereof, shall get immunity from penalty, interest or any other proceeding under the Chapter. (2) Subject to the provisions of section 111, a declaration made under sub-section (I) of section 107 sh all become conclusive upon issuance of acknowledgement of discharge under sub-section (7) of section 107 and no matter shall be reopened thereafter in any proceedings under the Chapter before any authority or court relating to the period covered by such declaration. 109.Any amount paid in pursuance of a declaration made under sub-section (I) of section 107 shall not be refundable under any circumstances. 110.Where the declarant fails to pay the tax dues, either fully or in part, as declared by him, such dues along with interest thereon shall be recover ed under th e pr ovisi ons of section 87 of th e Chapter. 111.(I) Where the Commissioner of Central Excise has reasons to believe that the declaration made by a declarant under this Scheme was substantially false, he may, for reasons to be recorded in writing, serve notice on the declarant in respect of such declaration r equiring him to show cause why he should not pay the tax dues not paid or short-paid. (2) No action shall be taken under sub-section (I) after the expiry of one year from the date of declaration.Immunity from penalty, interest and other proceeding. No refund of amount paid under the Scheme. Tax dues declared but not paid. Failure to make tru e declara- tion. Ex-454/2013 55 (3) The show cause notice issued under sub-section (I) shall be deemed to have been issued under section 73, or as the case may be, under section 73A of the Chapter and the provisions of the Chapter shall accordingly apply. 112.For the removal of doubts, it is hereby declared that nothing contained in this Scheme shall be construed as conferring any benefit, concession or immunity on the declarant other than the benefit, concession or immunity gran ted un der section 108. 113.(I) If any difficulty arises in giving effect to the provisions of this Scheme, the Central Government may, by order, not inconsistent with the provisions of this Scheme, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two year s from the date on which the provisions of this Scheme come into force. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliamen t. 114.(I) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Scheme. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and the manner in which a declaration may be made un der sub-section (I) of section 107; (b) the form and the manner of acknowledging the declaration under sub-section(2) of section 107; (c) th e form an d th e mann er of issuin g the ackn owledgement of discharge of tax dues under sub-section (7) of section 107; (d)an y oth er matter which is to be, or may be, pr escribed, or in respect of wh ich pr ovi si on is to be ma de, by r ules. (3)The Central Government shall cause every rule made under this Scheme to be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total per iod of thirty d ays which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately followin g th e session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, th e rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Power to remove diff icu lt ies .Removal of doubts. Power to made rules.Ex-454/201356 CHAPTER VII COMMODITIESTRANS ACT IONTAX 115. (I) This Chapter extends to the whole of India. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. (3) It shall apply to taxable commodities transactions entered into on or after the commencement of this Chapter. 116.In this Chapter, unless the context otherwise requires,— (I) “Appellate Tribunal” means the Appellate Tribunal consti- tuted under section 252 of th e Income-tax Act, 1961; (2) “Assessing Officer ” means the Income-tax Officer or Assista nt Com missi oner of Income-ta x or Dep uty Commi ssion er of In com e- tax or Joint Commissioner of Income-tax or Additional Commissioner of Income-tax who is authorised by th e Board to exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer under this Chapter; (3) “Board” means the Central Board of Direct Taxes constituted un der t h e Centr al Boards of Revenue Act, 1963; (4) “commodities transaction tax” means tax leviable on the taxable commodities transactions under the provisions of this Chapter; (5) “commodity derivative” means— (i) a contract for delivery of goods which is not a ready delivery contract; or (ii) a contract for differences which derives its value fr om prices or indices of prices— (A) of such underlying goods; or (B) of related services and rights, such as warehousing and freight; or (C) with reference to weather and similar events and activities, having a bearing on the commodity sector; (6) “prescribed” means prescribed by rules made under this Chapter; (7) “taxable commodities transaction” means a transaction of sale of commodity derivatives in respect of commodities, other than agricultural commodities, traded in recognised associations; (8) words and expressions used but not defined in this Chapter and defined in the Forward Contracts (Regulation) Act, 1952, the Income-tax Act, 1961, or the rules made thereunder, shall have the meanings respectively assigned to them in those Acts. Extent, commencement an d application. Difinitions. 43 of 1961. 54 of 1963. 74 of 1952. 43 of 1961.Ex-454/2013 57 117.On and from the date of commencement of this Chapter, there shall be charged a commodities transaction tax in respect of every taxable com modi ties tran sact ion, bein g sale of commodity derivative, at the rate of 0 . 0 1 p er cen t , on t h e va l u e of s u ch t r a n s a ct i on a n d s u ch t a x s h a l l be p a ya bl e by the seller. 118.The value of a taxable commodities transaction referred to in section 117 shall, with reference to such transaction, be the price at which the commodity derivative is tr aded. 119.(I) Every recognised association (hereinafter in this Chapter referred to as assessee) shall collect the commodities transaction tax from the seller who enters into a taxable commodities transaction in that recognised association at the rate specified in section 117. (2) The commodities transaction tax collected during any calendar month in accordance with th e provisions of sub-section (I) shall be paid by every assessee to the credit of the Central Government by the seventh day of the month immediately following the said calendar month. (3) Any assessee who fails to collect the tax in accordance with the provisions of sub-section (I) shall, notwithstanding such failure, be liable to pay the tax to the credit of the Central Government in accordance with the provisions of sub-section (2). 120.(I) Every assessee shall, within the prescribed time after the end of each financial year, prepare and deliver or cause to be delivered to the Assessing Officer or to any other authority or agency authorised by the Board in this behalf, a return in such form, verified in such manner and setting forth such particulars as may be prescribed, in respect of all taxable commodities transactions entered into during such financial year in that recognised association. (2) Where any assessee fails to furnish the return under sub- section (I) within the prescribed time, the Assessing Officer may issue a notice to such assessee and serve it upon him, requiring him to furnish the return in the prescribed form and verified in the prescribed manner setting forth such particulars within such time as may be prescribed. (3) An assessee who has not furnished the return within the time prescribed under sub-section (I) or sub-section (2), or having furnished a return under sub-section (I) or sub-section (2) notices any omission or wrong statement therein, may furnish a return or a revised return , as the case may be, at an y time before the assessment is made. 121.(I) For th e purposes of making an assessment under this Chapter, the Assessing Officer may serve on any assessee, who has furnished a return under section 120 or upon whom a notice has been served un der sub-section (2) of that section (whether a return has been furnished or not), a notice requiring him to produce or cause to be produced on a date to be specified ther ein such accoun ts or documents or other evidence as the Assessing Officer may require for the purposes of this Chapter and may, from time to time, serve further notices requiring the production of such further accounts or documents or oth er evidence as he may require.Charge of commodities transaction tax. Value of taxable commodities transaction. Collection and recovery of commodities transaction tax. furnishing of return. Assessment. Ex-454/201358 (2) The Assessing Officer, after considering such accounts, documents or oth er evidence, if any, as he has obtained under sub-section (I) and after taking into account any other relevant material which he has gathered, shall, by an order in writing, assess the value of taxable commodities transactions during the relevant financial year and determine the commodities transaction tax payable or the refund due on the basis of such assessment: Provided that no assessment shall be made under this sub-section after th e expiry of t wo yea rs fr om th e end of th e r el eva nt fi nan cia l yea r. (3)Every assessee, in case any amount is refunded to it on assessment under sub-section (2), shall, within such time as may be prescribed, refund such amount to the seller from whom such amount was collected. 122.(I) With a view to rectifying an y mistake apparent from the record, the Assessing Officer may amend any order passed by him under the provisions of this Chapter within one year from the end of the financial year in which the order sought to be amended was passed. (2) Where any matter has been considered and decided in any proceeding by way of appeal relatin g to an order referred to in sub-section (I), th e Assessin g Officer passin g such order may, notwithstanding anything contained in any other law for the time being in force, amend the order under that sub-section in relation to any matter other than the matter wh ich has been so considered and decided. (3) Subject to the other provisions of this section, the Assessing Officer may make an amendment under sub-section (I), eithersuo motuor on any mistake brought to his notice by the assessee. (4) An amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the Assessing Officer has given notice to the assessee of his intention so to do an d h as given th e as sessee a reasonable opportunity of being heard. (5) An order of amendment under this section shall be made by the Assessing Officer in writing. (6) Subject to the other provisions of this Chapter, where any such amen dmen t h as th e effect of reducin g the assessment, th e Assessee Officer shall make the refund, which may be due to such assessee. (7) Where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the Assessing Officer shall make an order specifying the sum payable by the assessee and the provisions of this Chapter shall apply accordingly. 123.Every assessee, who fails to credit the commodities transaction tax or any part th ereof as required under section 119 to th e account of the Central Government within the period specified in that section, shall pay simple interest at the rate of one per cent, of such tax for every month or part of a month by which such crediting of the tax or any part thereof is delayed. Rectif icat ion of mistake. Interest on delayed payment of commodities transaction tax.Ex-454/2013 59 124.Any assessee who— (a)fa ils t o coll ect t he wh ole or a ny par t of the comm odi ti es transaction tax as required under section 119; or (b)having collected the commodities transaction tax, fails to pay such tax to the credit of the Central Government in accordance with the provisions of sub-section (2) of that section, shall be liable to pay,— (i) in th e case r efer red to i n clause(a),in addition to paying the tax in accordance with the provisions of sub-section (3) of that section, or interest, if any, in accordance with the provisions of section 123, by way of penalty, a sum equal to the amount of commodities transaction tax that he failed to collect; and (ii) in the case referred to in clause(b),in addition to paying the tax in accordance with the provisions of sub-section (2) of th at section an d in ter est in accordance with the provisions of section 123, by way of penalty, a sum of one thousand rupees for ever y day during which the failure continues; so, however, that the penalty under this clause shall not exceed th e amoun t of commodities transaction tax that he failed to pay. 125.Where an assessee fails to furnish the return within the time prescribed under sub-section (I) or sub-section (2) of section 120, he shall be liable to pay, by way of penalty, a sum of one hundred rupees for each day during which the failure continues. 126.If the Assessing Officer in the course of any proceedings under this Chapter is satisfied that the assessee has failed to comply with a notice under sub-section (I) of section 121, he may direct that such assessee shall pay, by way of penalty, in addition to any commodities transaction tax and interest, if any, payable by him, a sum often thousand rupees for each such failure. 127.(I) Notwithstanding anything contained in section 124 or section 125 or section 126. no penalty shall be imposable for any failure referred to in the said sections, if the assessee proves to the satisfaction of the Assessing Officer that there was r easonable cause for the said failure. (2) No order imposing a penalty under this Chapter shall be made unless the assessee ha s been given a r easona ble opport uni ty of bein g h ear d. 128.Th e provisions of sections 120,131, 133 A, 156, 178,220 to 227,229,232,260A, 261,262,265 to 269,278B, 282 and 288 to 293 of the Income-tax Act, 1961 shall apply, so far as may be, in relation to commodities transaction tax, as they apply in relation to income-tax. 129.(I) An assessee aggrieved by any assessment order made by the Assessing Officer under section 121 or any order under section 122, or denying his liability to be assessed under this Chapter, or by an order imposing penalty under this Chapter, may appeal to the Commissioner of Income-tax (Appeals) within thirty days from the date of receipt of the order of th e Assessin g Officer. Penalty for failure to collect or pay commodities transaction tax. Penalty for failure to furnish return. Penalty for failure to comply with notice. Penalty not to be imposed in certain cases. Application of certain provisions of Income-tax Act. 43 of 1961. Appeal to Commission er of Income-tax (Appeals) Ex-454/201360 (2) An appeal under sub-section (I) shall be in such form an d verified in such manner as may be prescribed and shall be accompanied by a fee of one thousand rupees. (3)Where an appeal has been filed under sub-section (I), the provision s of section s 249 to 251 of the Income-tax Act, 1961, shall, as far as may be, apply to such appeal. 130.(I) An assessee aggrieved by an order made by a Commissioner of Income-tax (Appeals) under section 129 may appeal to the Appellate Tribunal against such order. (2) The Commissioner of Income-tax may, if he objects to an y order passed by the Commissioner of Income-tax (Appeals) under section 129, direct the Assessing Officer to appeal to the Appellate Tribunal against such order. (3) An appeal under sub-section (I) or sub-section (2) shall be filed within sixty days from the date on which the order sought to be appealed against is received by the assessee or by the Commissioner of Income-tax, as th e case may be. (4) An appeal under sub-section (I) or sub-section (2) shall be in such for m and verified in such manner as may be prescribed and, in the case of an appeal filed under sub-section (I), it shall be accompanied by a fee of one thousand rupees. (5) Where an appeal has been filed before th e Appellate Tribunal under sub-section (I) or sub-section (2), the provisions of sections 253 to 255 of the Income-tax Act, 1961, shall, as far as may be, apply to such appeal. 131.(I) If a person makes a false statement in any verification under this Chapter or any rule made thereunder, or delivers an account or statement, which is false, and which he either kn ows or believes to be false, or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years and with fine. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under sub-section (I) shall be deemed to be non-cognizable within the meaning of that Code. 132. No prosecution shall be instituted against any person for a n y offence un der section 131 except with the previous sanction of th e Chief Commissioner of Income-tax. 133.(I) The Central Government may, by notification in the Official Gazette, make rul es for car ryin g out the provi sions of this Chapt er. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matter s, namely:— (a) the time within which and the form and the manner in which the return shall be delivered or caused to be delivered or furnished under section 120; (b) the form in which an appeal may be filed and the manner in which it may be verified under sections 129 and 130. 43 of 1961. Appeal to Appellate. Tribunal. Punishment for false statement. Institu tion of prosecution.43 of 1961. 2 of 1974. Power to make rules.Ex-454/2013 61 (3) Every rule made under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliamen t, while it is in session, for a total per i od of th irt y days which m ay be compr ised in one session or in t wo or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that r ule. 134.(I) If any difficulty ar ises in givin g effect to the provisions of this Chapter, the Central Government may, by order published in the Official Gazette, not inconsistent with the provisions of this Chapter, remove the di ffi c ul t y: Provided that n o such order shall be made after th e expiry of a period of two years from the date on which the provisions of this Chapter come into force. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. CHAPTER VIII MISCELLANEOUS 135.In the Finance (No. 2) Act, 2004, in section 98, in the Table, with effect from the lst day of June,2013,— (i) against SI. No. 1, under column (2) relating to taxable securities transaction,— (A) the words “or a unit of an equity oriented fund,” shall be omitted; (B) in item (b), the words “or unit”, at both the places where they occur, shall be omitted; (ii) against SI. No. 2, under column (2) relating to taxable securities transaction,— (A) the words “or a unit of an equity oriented fund,” shall be omitted; (B) in item (b), the words “or unit”, at both the places where they occur, shall be omitted; (iii)after serial number 2 and the entries relating thereto, the following serial number an d en tries shall be in ser ted, namely:— Power to remove diff icu lt ies . Amendment of act 23 of 2004. Ex-454/201362 SI. No.Taxable secur itiesRatePayable by transaction (1)(2)(3)(4) “2ASale of a unit of an equity0.001Seller”; or iented fun d, wher e—per cen t. (a) th e tr an sa ction of s uch sa le is en ter ed into in a r ecog- nised stock exchange; and (b) the contract for the sale of such unit is settled by the actual delivery or transfer of such unit. (iv) against SI. No. 4, in item (c), under column (3) relating to rate, for the figures “0.017”, the figur es “0.01” shall be substituted; (v) against SI. No. 5, under column (3) relating to rate, for the figures “0.25”, the figures “0.001” shall be substituted.Ex-454/2013 63 THE FIRST SCHEDULE (Seesection 2) PARTI INCOME-TAX Paragraph A (I)In the case of every individual other th an the individual referred to in items(II)and(III) of this Paragr aph or Hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause(vii)of clause (31) of section 2 of the Income-tax Act, not bein g a ca se t o wh ich a n y ot h er Paragraph of this Part applies,— Rates of income-tax (1) where the total income does not exceed Rs. 2,00,000Nil; (2) where the total income exceeds Rs. 2,00,000 but does not 10 per cent, of th e amount by which the total exceed Rs. 5,00,000in come exceeds Rs. 2,00,000; (3) where the total income exceeds Rs. 5,00,000 but does not Rs. 30,000plus20 per cen t, of t he am ount by exceed Rs. 10,00,000wh ich the total in come exceeds Rs. 5,00,000; (4) where the total income exceeds Rs. 10,00,000Rs. 1,3 0,000 p/ws 30 percent, of the amount by wh ich the total in come exceeds Rs. 10,00.000 (II) In th e case of every in dividual, being a resident in India, who is of th e age of sixty year s or more but less than eighty years at any time during the previous year,— Rates of income-tax (1) where the total income does not exceed Rs. 2,50,000Nil; (2) where the total in come exceeds Rs. 2,50,000 but does10 per cen t, of th e a mount by wh ich th e tot al not exceed Rs. 5,00,000income exceeds Rs. 2,50,000; (3) where the total in come exceeds Rs. 5,00,000 but doesRs. 25,000plus20 per cent, of the amount by not exceed Rs. 10,00,000the total income exceeds Rs. 5,00,000; (4) where the total income exceeds Rs. 10,00,000Rs. l,25,000plus 30 per cent, of the amount by which the total income exceeds Rs. 10,00,000. (III)In the case of every individual, being a resident in India, who is of the age of eighty years or more at any time during the previous year,— Rates of income-tax (1) where the total income does not exceed Rs. 5,00,000Nil; (2) where the total income exceeds Rs. 5,00,000 but does not20 per cen t, of th e a mount by wh ich th e tot al exceed Rs. 10,00,000in come exceeds Rs. 5,00,000; (3) where the total income exceeds Rs. 10,00,000Rs. 1,00,000plus30 per cent, of the amount by which the total income exceeds Rs. 10,00,000. Paragraph B In the case of every co-operative society,— Rates of income-tax (1) wh ere the total in come does n ot exceed Rs. 10,00010 percent, of the total income; (2) wh er e the total in come exceeds Rs. 10,000 but d oes n otRs. 1,000plus20 per cent, of the amount by exceed Rs. 20,000wh ich the total in come exceeds Rs. 10,000; Ex-454/201364 (3) where the total income exceeds Rs. 20,000Rs. 3,000plus30 per cent. of the amount by wh ich the total in come exceeds Rs. 20,000. Paragraph C In the case of every firm,— Rate of income-tax On the whole of the total income30 per cen t. Paragraph D In t he case of every local a uth ori ty,— Rate of income-tax On the whole of the total income30 per cen t. Paragraph E In th e case of a company,— Rates of income-tax I. In th e case of a domest ic company30 per cen t. of th e total income; II. In the case of a company other than a domestic company— (i) on so much of the total income as consists of,— (a) royalti es received from Gover nmen t or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern after the 31st day of March, 1961 but before the 1 st day of April, 1976; or (b) fees for renderin g technical services received from Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern after th e 29th day of February, 1964 but before the 1st day of April, 1976, and wher e such agreement has, in eith er case, been approved 50 per cen t.; by the Central Government ( i i ) on the balan ce, if any, of the total in come40 per cen t. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or in section 111A or section 112, shall, in the case of every company, be increased by a surcharge for purposes of t he Union calculated,— (i) in the case of ever y domest ic company havin g a total income exceedin g one cr or e r upees, at the rate of five per cent, of such income-tax; (ii) in th e case of ever y compan y oth er than a domestic compan y having a total in come exceedin g one crore rupees, at the r ate of two per cen t, of such income-tax: Provided th at in the case of every company havin g a total income exceeding one crore rupees, the total amount payable as income-tax an d surcharge on such income shall not exceed the total amount payable as income-tax on a total in come of one cr ore r upees by more than the amount of income that exceeds one crore rupees. PART II RATESF ORDEDUCTIONOFTAXATSOURCEINCERTAINCASES In every case in which under the provisions of sections 193, 194, 194A, 194B, 194BB, 194D and 195 of the Income-tax Act, tax is t o be deducted at the rates in force, deduction shall be made from the. income subject to th e d ed u ct i o n a t t h e following rates:-Ex-454/2013 65 deduction of the following rates:- 1. In the case of a person other than a company— (a)where the person is resident in India— (i)on income by way of interest other than “Interest on securities” (ii)on in come by way of win nin gs fr om lot teries, cr osswor d puz zles, ca rd games and other games of any sort (iii)on income by way of winnings from horse races (iv)on in come by way of insuran ce com mi ssi on (v) on income by way of interest payable on— (A) any deben tures or securi ties for money issued by or on beh alf of any local authority or a corporation established by a Central, State or Provincial Act; (B) any debentures issued by a company where such debentures are listed on a recognised stock exchange in accordance with the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and any rules made thereunder; (C) any security of the Central or State Government; (vi) on any other income (b)where the person is not resident in India— (i) in the case of a non-resident Indian— (A) on any in vestment income (B) on income by way of long-term capital gains referred to in section 115E or sub-clause(iii)of clause (c) of sub-secti on (I) of sect ion 112 (C) on income by way of short-term capital gains referred to in secti on 111A (D) on other income by way of long-term capital gains [not being long-term capital gains referred to in clauses (33),(36)and(38)of section 10] (E)on income by way of interest payable by Government or an Indian concern on moneys borrowed or debt incurred by Government or th e Indian concern in foreign currency (not being income by way of interest referred to in section 194LB or section 194LC) (F)on income by way of royalty payable by Gover nmen t or an Indian concern in pursuance of an agreement made by it, on or after the 1st day of April, 1976, with the Government or the Indian concern where such royalty is in con sider ation for the transfer of al l or any right s (including the grantin g of a licence) in respect of copyright in any book on a subject r eferred to in the first proviso to sub-section(1A)of section 115 A of the Income-tax Act, to the Indian concern, or in respect of any computer software referred to in the second proviso to sub-section(1A)of section 115A of the Income-tax Act, to a person resident in India (G) on income by way of royalty [n ot being royalty of the nature referred to i n sub-item(b)(i)(F)]payable by Government or an Indian concern in pursuance of an agreement made by it, on or after the 1st day of April, 1976, with the Government or the Indian concern and where such agree- ment is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy10 per cent.; 30 per cent.; 30 per cent.; 10 per cent.; 10 per cent.; 10 per cent.; 20 per cent.; 10 per cent.; 15 per cent.; 20 per cent.; 20 per cent.; 25 per cent.; 25 per cent.; Rate of income-tax Ex-454/201366 (H)on incom e by way of fees for tech nical services pa yable by Government or an Indian concern in pursuance of an agreement made by it, on or after the 1 st day of April, 1976, with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, th e a gr eement is in accordance with that poli cy (I) on income by way of winnings from lotteries, crossword puzzles, car d games an d ot h er games of an y sor t (J)on income by way of winnings from horse races (K)on the whole of the other income (ii)in the case of any other person— (A)on income by way of inter est payable by Gover nment or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not being income by way of in ter est r eferr ed to in section 194LB or section 194LC) (B)on in com e by way of r oya lty payabl e by Gover nment or an Indian concern in pursuance of an agreement made by it, on or after the 1st day of April, 1976, with the Government or the Indian concern where such royalty is in consideration for the transfer of all or any righ ts (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to sub-section(1A)of section 115 A of th e Income-tax Act, to the Indian concern, or in respect of any computer software referred to in the second proviso to sub-section(1A)of section 1l5Aofthe Income-tax Act, to a person resident in India (C) on income by way of royalty [not being royalty of the nature 25 per c en t . ; referred to in sub-item (b)(ii)(B)] payable by Government or an Indian concern in pursuance of an agreement made by it, on or after the 1st day of April, 1976, with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordan ce with that policy (D) on income by way of fees for t echn ical ser vi ces payable by 25 per cent.; Government or an Indian concern in pursuance of an agreement made by it, on or after the 1st day of April, 1976, with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy (E) on in come by way of winnings from lotteries, crossword puzzles, 30 per cent.; card games and other games of any sort (F)on income by way of winnings from horse races25 per cent.; 30 per cent.; 30 per cent.; 30 per cent.; 25 per cent.; Rate of income-tax 20 per cent.; 25 per cent.; 25 per cent.; 30 per cent.; 30 per cent.; Ex-454/2013 67 (G)on income by way of short-term capital gains referred to in secti on 111A (H) on income by way of long-term capital gains referred to in sub- clause (iii) of clause(c)of sub-section(1)of sect ion 112 (I)on other income by way of long-term capital gains [not being long-term capital gains referred to in clauses(33), (36)and(38)of sect ion 10] (J)on the whole of the other income 2. In the case of a company— (a)where the company is a domestic company— (i) on income by way of interest other than “Interest on securities” (ii) on in come by way of winnin gs from lotteries, crossword puzzles, car d games and other games of any sort (iii)on income by way of winnings from horse races (iv)on any other income (b)where the company is not a domestic company— (i) on income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort (ii) on income by way of winnings from horse races (iii)on income by way of interest payable by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign cur rency (n ot being in come by way of interest referred to in section 194LB or sect ion 194LC) (iv)on i ncome by way of roya lty payable by Govern men t or an In dian concern in pursuance of an agreement made by it with the Government or the Indian concern after the 31st day of March, 1976, where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the fir st proviso to sub-section(1A)of section 115A of the Income-tax Act, to the Indian concern, or in respect of any computer software referred to in th e second proviso to sub-section(1A)of section 115A of the Income-t ax Act , to a per son resident in India (v) on in come by way of royalty [not being royalty of the nature referred to in sub- item(b)(i v)]payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an In dian con cer n, th e agreement is a ppr oved by th e Central Gover nment or wher e it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy— (A) where the agreement is made after the 31 st day of March, 1961 but before the 1st day of April, 1976 (B) where the agreement is made after the 31st day of March, 1976 (vi)on income by way of fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or wh er e i t r el ates t o a m att er in clu ded i n t h eRate of income-tax 15 per cent.; 10 per cent.; 20 per cent.; 30 percent.; 10 per cent.; 30 per cent.; 30 per cent.; 10 per cen t. ; 30 per cent.; 30 per cent.; 20 per cent.; 25 per cent.; 50 per cent.; 25 per cent.; Ex-454/201368 industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy— (A) where the agreement is made after the 29th day of February, 1964 but before t h e 1st da y of April, 1976 (B) where the agreement is made after the 31st day of March, 1976 (vii) on income by way of short-term capital gains referred to in section 111A (viii)on in come by way of long-term capital gain s referred to in sub-clause(iii)of clause(c) of sub-secti on (I) of sect ion 112 (ix)on ot h er i n com e by wa y of lon g -t er m ca p i ta l g ai n s [ n ot bei n g l on g- t er m capital gain s r eferr ed to in clauses(33), (36)and(38)of section 10] (x)on any other income Explanation.— For the pur pose of item l(b)(i) of this Par t, “in vestment in come” an d “non- resident Indian” shall have the meanings assigned to them in Chapter XII-A of the Income-tax Act. Surcharge on income-tax Th e amount of income-tax deducted in accordan ce with the provisions of— (i) item 1 of this Part, shall be increased by a surcharge, for purposes of the Union, in the case of ever y person being a non-r esi den t, calculated at th e rate often per cent, of such tax, wh er e the in come or the a ggr egate of such in comes paid or likely to be paid and subject t o t h e d ed u ct i on exceeds one crore rupees; (ii)item 2 of this Part, shall be increased by a surcharge, for purposes of the Union, in the case of every company other than a domestic company, calculated,— (a) at the rate of two per cent, of such income-tax where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed ten crore rupees; and (b) at the rate of five per cent. of such income-tax where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds ten crore rupees. PART III RATESF ORCHARGING INCOME-TAXINCERTAINCASES,DEDUCTING INCOME-TAXF ROMINCOMECHARGEAB LE UNDERTHEHEAD “SALARIES”ANDCOMPUTING “ADVANCETAX” In cases in which income-tax has to be charged under sub-section(4)of section 172 of the Income-tax Act or sub-section (2) of section 174 or section 174A or section 175 or sub-section (2) of section 176 of the said Act or deducted from, or paid on, from income chargeable under the head “salaries” un der section 192 of th e said Act or in wh ich th e “advan ce tax” payable under Ch apter XVII-C of th e said Act has to be computed at the rate or rates in force, such income-tax or, as the case may be, “advance tax” [not being “advance tax” in respect of any income chargeable to tax un der Chapter XII or Chapter XII-A or income chargeable to tax under section 115JB or section 115JC or sub-secti on(1A)of section 161 or section 164 or section 164A or section 167B of the Income-tax Act at the rates as specified in that Chapter or section or surcharge, wherever applicable, on such “advance tax” in respect of any in come chargeable to tax under section 115 A or section 115 AB or section 115AC or section 115 ACA or section 115AD or section 115B or section 115BB or sect ion 115BBA or section 115BBC or section 115BBD or section 115BBE or section 115E or section 115JB or section 115 JC] shall H charged, deducted or computed at the following rate or rates:—Rate of income-tax 50 per cent.;25 percent.; 15 percent.; 20 per cent.;10 per cent.; 40 percent.; Ex-454/2013 69 Paragraph A (I)In the case of every individual other than the individual referred to in items(II)and(III)of this Paragraph or Hindu undivided family or association of persons or body of individuals, wheth er in corporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which any other Paragraph of this Part applies,— Rates of income-tax (1) where the total income does not exceed Rs. 2,00,000Nil; (2) where the total income exceeds Rs. 2,00,000 but does not10 per cen t, of th e a mount by wh ich th e tot al exceed Rs. 5,00,000in come exceeds Rs. 2,00,000; (3) where the total income exceeds Rs. 5,00,000 but does notRs. 30,000plus20 per cent, of the amount by exceed Rs. 10,00,000wh ich the total in come exceeds Rs. 5,00,000; (4) where the total income exceeds Rs. 10,00,000Rs.1,30,000 plus30 per cent, of the amount by which the total income exceeds Rs. 10,00,000. (II) In th e case of every individual, being a resident in India, who is of th e age of sixty years or more but less than eighty years at any time during the previous year,— Rates of income-tax (1) where the total income does not exceed Rs. 2,50,000Nil; (2) where the total in come exceeds Rs. 2,50,000 but does10 per cen t, of th e a mount by wh ich th e tot al not exceed Rs. 5,00,000 income exceeds Rs. 2,50,000; (3) where the total in come exceeds Rs. 5,00,000 but doesRs. 25,000plus20 per cent, of the amount by not exceed Rs. 10,00,000wh ich the total in come exceeds Rs. 5,00,000; (4) where the total income exceeds Rs. 10,00,000Rs. 1,25,000plus30 per cent, of the amount by which the total income exceeds Rs. 10,00,000. (III) In th e case of every in dividual, bt.n g a r esident in India, who is of th e age of eighty years or more at any time during the previous year,— Rates of income-tax (1) where the total income does not exceed Rs.5,00,000Nil; (2) where the total income exceeds Rs.5,00,000 but does20 per cen t, of th e a mount by wh ich th e tot a. not exceed Rs. 10,00,000in come exceeds Rs. 5,00,000; (3) where the total income exceeds Rs. 10,00,000Rs.l,00,000plus30 per cent, of the amount by which the total income exceeds Rs. 10,00,000. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or in sect ion 111A or section 112, shall, in the case of every individual or Hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the In come-tax Act, having a total income exceeding one crore r upees, be increased by a surch arge for the pur pose of th e Union calculated at th e r ate often per cent, of such income-tax: Provided that in the case of persons mentioned above havin g total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees. Ex-454/201370 Paragraph B In the case of every co-operative society,— Rates of income-tax (1) wh ere the total in come does n ot exceed Rs. 10,00010 per cen t, of th e total income; (2) where the total in come exceeds Rs. 10,000 but doesRs. 1,000plus20 per cent, of the amount by not exceed Rs. 20,000wh ich the total in come exceeds Rs. 10,000; (3) wh ere the total in come exceeds Rs. 20,000Rs. 3,000 plus 30 per cent. of the amount by wh ich the total in come exceeds Rs. 20,000. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or in section 111A or section 112, shall, in the case of every co-operative society, having a total income exceeding one crore rupees, be increased by a surcharge for the purpose of the Union calculated at the rate often per cent. of such income-tax; Pr ovided that in the case of every co-operative society men tioned above h aving total income exceedin g one cr or e rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore r upees. Paragraph C In the case of every firm,— Rate of income-tax On the whole of the total income30 per cen t. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or in section 111A or section 112, shall, in the case of every firm, h avin g a total income exceeding one cr ore rupees, be i n cr eas ed by a surcharge for the purpose of the Union calculated at the rate often per cent. of such income-tax; Provided that in the case of every firm mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees. Paragraph D In t he case of every local a uth ori ty,— Rate of income-tax On the whole of the total income30 per cen t. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or in section 111A or section 112, shall, in the case of every local authority, having a total income exceeding one crore rupees, be increased by a surcharge for the purpose of the Union calculated at the rate often per cent. of such income-tax: Provided that in the case of every local authority mentioned above having total income exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income- tax on a total income of one crore rupees by more than the amount of income that exceeds one crore r upees. Paragraph E In th e case of a company,— Rates of income-tax I. In the case of a d omest ic company30 per cen t. of th e total income;Ex-454/2013 71 II. In th e case of a company other than a domestic company— (i) on so much of the total in come as consists of,— (a)royalties received from Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern after the 31 st day of March, 1961 but before the 1st day of April, 1976; or (b)fees for r endering technical services received from Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern after the 29th day of February, 1964 but before the 1st day of April, 1976, and where such agreement has, in either case, been approved by the Central Government50 per cent; (ii) on the balance, if any, of the total income40 percent.. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragraph, or in section 111A or section 112, shall, be increased by a surcharge for purposes of the Union calculated,— (i) in the case of every domestic company,— (a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of five per cent. of such income-tax; and (b) havin g a total income exceedin g ten crore r upees, at the rate of ten per cent. of such income-tax; (ii) in the case of every company other than a domestic company,— (a) having a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of two per cent,.of such income-tax; and (b) havin g a total income exceeding ten crore rupees, at the rate of five per cent. of such income-tax: Provided that in the case of every company having a total income exceeding one crore rupees but not exceedin g ten cror e rupees, the total amoun t payable as in come-tax an d sur charge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore r upees: Pr ovided further that in the case of every company havin g a total income exceedin g ten cr ore rupees, th e total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as in come-tax an d sur charge on a tota l i ncome often cror e r upees by more th an th e amount of in come that exceeds ten cr or e rupees. PART IV [Seesection 2(13)(c)] RULESF ORCOM PUTAT IONOFNETAGR ICU LTU RALINCOME Rule I.—Agricultur al income of the nature referred to in sub-clause(a)of cla use(I A)of section 2 of the Income-tax Act shall be computed as if it were income chargeable to income-tax under that Act under the head “Income from other sources” and th e provisions of sections 57 to 59 of that Act shall, so far as may be, apply accordingly: Provided that sub-section(2)of section 58 shall apply subject to the modification that th e reference to section 40A therein shall be construed as n ot including a refer ence to sub-sections (3) and(4)of secti on 40A. Rule2.—Agricultural income of the nature referred to in sub-clause(b)or sub-clause (c) of clause(1A)of section 2 of the Income-tax Act [other than income derived from any building required as a dwelling-house by the receiver of the rent or revenue of the cultivator or the receiver of rent-in-kind referred to in the said sub-clause (c)] shall be computed as if it were income chargeable to income-tax under that Act under the head “Profits and gains of business or profession” Ex-454/201372 and the provisions of sections 30, 31, 32, 36, 37, 38, 40, 40A [other than sub-sections (3) and(4)th ereof], 41,43,43 A, 43B and 43C of the Income-tax Act shall, so far as may be, apply accordingly. Rule3.—Agricultural income of the nature referred to in sub-clause (c) of clause(1A)of sect ion 2 of the Income- tax Act, being income derived from any building required as a dwelling-house by the receiver of the rent or revenue or the cultivator or the receiver of rent-in-kind referred to in the said sub-clause (c) shall be computed as if it were income chargeable to income-tax under that Act under the head “Income from house property” and the provisions of sections 23 to 27 of that Act shall, so far as may be, apply accordingly. Rule4.—Notwithstanding anything contained in any other provisions of these rules, in a case— (a) where the assessee derives income from sale of tea grown and manufactured by him in India, such income shall be computed in accordance with rule 8 of the Income-tax Rules, 1962, and sixty per cent, of such income shall be regarded as the agricultur al income of the assessee; (b) where the assessee derives income from sale of centrifuged latex or cenex or latex based crepes (such as pale latex crepe) or br own cr epes (such as estate brown crepe, r e-milled cr epe, smoked blanket cr epe or flat ba r k cr ep e) or technically specified block rubber s manufactured or processed by him from rubber plants grown by him in India, such income shall be computed in accordance with rule 7A of the Income-tax Rules, 1962, and sixty-five per cent. of such income shall be r egarded as the agricultural income of the assessee: (c) where the assessee derives income from sale of coffee grown and manufactured by him in India, such income shall be computed in accordan ce with rule 7B of the Income-tax Rules, 1962, an d sixty per cent, or seventy- five per cent., as the case may be, of such income shall be regarded as the agricultural income of the assessee. Rule 5.—Where the assessee is a member of an association of persons or a body of individuals (other than a Hindu undivided family, a company or a firm) which in the previous year has either no income chargeable to tax under the Income- tax Act or has total income not exceeding the maximum amount not chargeable to tax in the case of an association of persons or a body of individuals (other than a Hindu undivided family, a company or a firm) but has any agricultural income then, the agricultural income or loss of the association or body shall be computed in accordance with these rules and the share of the assessee in the agricultural income or loss so computed shall be regarded as the agricultural income or loss of the assessee. Rule 6.—Where the result of the computation for the previous year in respect of any source of agricultural income is a loss, su ch loss sh a ll be set off ag ain st th e i n come of th e a ss ess ee, i f a n y, for th a t p r evi ous yea r fr om a n y ot h er sour ce of agricultural income: Pr ovi ded t h at wh er e t h e as ses see i s a membe r of an as soc iat ion of p er s on s or a body of in di vi d ual s a n d th e s h a r e of the assessee in the agricultural income of the association or body, as the case may be, is a loss, such loss shall not be set off against an y income of the assessee from any oth er sour ce of agricultur al income. Rule 7.—Any sum payable by the assessee on account of any tax levied by the State Government on the agricultural income shall be deducted in computing the agricultural income. Rule8.—(/) Where the assessee has, in the previous year relevant to the assessment year commencing on the 1 st day of April, 2013, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years commencing on the 1 st day of April, 2005 or the 1st day of April, 2006 or th e 1 st day of April, 2007 or the lstday of April, 2008 or the 1st day of April, 2009 or the 1st day of April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012, is a loss, then, for the purposes of sub-section (2) of section 2 of this Act,— (i) the loss so computed for th e previous year relevant to the assessment year commencin g on the 1st day of April, 2005, to the extent, if any, such loss has not been set off against the agricultural incorne for the previous year relevant to the assessment year commencing on the 1st day of April, 2006 or the 1st day of April, 2007 or the lst day of April, 2008 or the 1st day of April, 2009 or the lst day of April, 2010or the 1st dayofApril, 2011or th e lst day of April, 2012, (ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2006, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessmen t year commen cing on the 1st day ofApril, 2007 or the 1st day of April, 2008 or the 1st day of April, 2009 or th e 1st day of April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012,Ex-454/2013 73 (iii)the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2007, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commen cing on t he 1st da y of April , 2008 or the 1st day of April, 2009 or the 1st day of April, 2010 or the 1 st day of April, 2011 or the 1st day of April, 2012, (iv) the loss so computed for th e previous year relevant to the assessment year commencin g on the 1st day of April, 2008, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1 st day of April, 2009 or the 1st day of April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012, (v) the loss so computed for the previous year relevant to the assessment year commencin g on the 1st day of April, 2009, to the extent, if any, such loss has not been set off against the agricultural in come for the previous year relevant to the assessment year commencing on the 1st day of April, 2010 or the 1st day of April, 2011 or the lst day of April, 2012, (vi) the loss so computed for the previous year relevant to th e assessment year commencing on the 1st day of Apri 1,2010, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to th e assessment year commencin g on the 1st day of April, 2011 or the 1st day of April, 2012, (vii)the loss so computed for the previous year relevant to the assessm ent year commencin g on the 1 st day of April, 2011, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2012, (viii)the loss so computed for the previous year relevant to the assessment year commencing on the lst day of April, 2012, shall be set off against the agricultur al income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of April, 2013. (2) Where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of April, 2014, or, if by vir tue of any provision of the In come-tax Act, in come-tax is to be charged in respect of the in come of a period other than the previous year, in such other period, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years commencing on th e 1st day of April, 2006 or the 1st day of April, 2007 or the 1st day of April, 2008 or the 1st day of April, 2009 or the 1st day of April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st da y of April, 2013, is a loss, then , for the purposes of sub-section(10)of section 2 of this Act.— (i) the loss so computed for the previous year relevant to th e assessment year commencing on the 1st day of April, 2006, to th e extent, if any, such loss has not been set off against the agricultural in come for th e previous year relevant to the assessment year commencing on the 1st day of April, 2007 or the 1st day of April, 2008 or the 1st day of April, 2009 or the 1st day of April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013, (ii) the loss so computed for the pr evious year relevant to the assessment year commencin g on the 1st day of April, 2007, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2008 or the 1st day of April, 2009 or the lst day of April, 2010 or the 1st day of April, 2011 or the lst day of April, 2012 or th e 1st day of April,2013, (iii)th e loss s o com puted for th e pr evi ous yea r r eleva n t to t h e assessm en t yea r com men cin g on th e 1st day ofApril, 2008, to th e extent, if any, such loss h as not been set off against th e agricultural in come for th e previous year relevant to the assessment year commencing on the 1 st day of April, 2009 or the 1st day of April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013, (iv)the loss so computed for the previous year relevant to the assessm ent year commencin g on the 1st day of April, 2009, to the extent, if any, such loss has not been set off against the agricultural in come for the previous year relevant to the assessment year commencing on the 1st day of April, 2010 or the 1st day of April, 2011 or th e 1st day of April, 2012 or the 1st day of April, 2013, (v) the loss so computed for the previous year relevant to the assessment year commencin g on the 1st day of April, 2010, to the extent, if any, such loss has not been set off against the agricultural in come for the previous year relevant to the assessment year commencing on the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013, Ex-454/201374 (vi) the loss so computed for the previous year relevant to the assessment year commencin g on the 1st day of April, 2011, to the extent, if any, such loss has not been set off against the agricultural in come for the previous year relevant to the assessment year commencing on the 1st day of April, 2012 or the 1st day of April, 2013, (vii)the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2012, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of April, 2013, (viii)the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2013, shall be set off against the agricultur al income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of April, 2014. (3) Where any person deriving any agricultural income from any source has been succeeded in such capacity by another person, otherwise than by inheritance, nothing in sub-rule (I) or sub-rule (2) shall entitle any person, other than the person incurring the loss, to have it set off under sub-rule (I) or, as th e case may be, sub-rule (2). (4) Notwithstanding anything contained in this rule, no loss which has not been determined by the Assessing Officer under the provisions of these rules or the rules contained in the First Schedule to the Finance Act, 2005 (18 of 2005), or of the First Schedule to the Finance Act, 2006 (21 of 2006) or of the First Schedule to the Finance Act, 2007 (22 of 2007) or of the Fir st Schedule to the Finan ce Act, 2008 (18 of 2008) or of th e First Schedule to th e Fin ance (No. 2) Act, 2009 (33 of 2009) or of the First Schedule to the Finance Act, 2010 (14 of 2010) or of the First Schedule to the Finance Act, 2011 (8 of 2011) or of th e First Schedule to the Finan ce Act, 2012 (23 of 2012) shall be set off under sub-rule (/) or, as the case may be, sub-rule (2). Rule9.—Where the net result of the computation made in accordance with these rules is a loss, the loss so computed shall be ignored and the net agricultural income shall be deemed to benil. Rule10.—Th e pr ovisions of the Income-t ax Act r elat ing to pr ocedure for assessment (incl udin g th e pr ovisions of section 288A relating to rounding off of income) shall, with the necessary modifications, apply in relation to the computation of the net agricultural income of the assessee as they apply in relation to the assessment of the total income. Rul e 11.—For the purposes of computing th e net agr icultural income of the assessee, the Assessing Officer shall have the same powers as he has under the Income-tax Act for the purposes of assessment of the total income. THE SECOND SCHEDULE (Seesection 85) Notification number and dateAmendmentDate of effect of amendment (1)(2)(3) G.S.R. 153(E), dated the 1st day ofIn the said notification, in the Table,1st day of March, 2011. March, 2011 [27/2011 -Customs,again st S I. No. 56, for th e en tr y in dated the 1 st day of March, 2011. ]column (2), the entry “7210,7212” shall be substituted.Ex-454/2013 75 THE THIRD SCHEDULE (Seesection 86) In the First Schedule to the Customs Tariff Act,— (I) in Chapter 3,— (a) in tariff item 0302 24 00, for th e entr y in column (2), th e entry “Turbots(Psetta maxima)”shall be substituted; (b) in tariff item 0303 34 00, for th e entr y in column (2), th e entry “Turbots(Psetta maxima)”shall be substituted; (2) in Chapter 8 — (a) in tariff item 0801 32 10, for th e entry in column (4), the entry “70%” shall be substituted; (b) in tariff item 0801 32 20, for ..y in column (4), th e entr y “70%” shall be substituted; (c) in tariff item 080132 90, for the entry in column (4), the entr y “70%” shall be substituted; (3) in Chapter 15, tariff item 1517 90 20 and the entries relating th ereto shall be omitted; in Chapter 48,— (a) the Note 13 shall be omitted; (b) after the Sub-heading Note 7, the following shall be inserted, namely:— “Supplementary Notes: Notwithstandin g anythin g contained in Note 12, if paper and paper products of heading 4811,4816 or 4820 are printed with any character, name, logo, motif or format, they shall remain classified under the respective headings as long as such products are intended to be used for further prin ting or writing.”; (5) in Chapter 87, for the entry in column (4) occurring against all the tariff items of heading 8703, the entry “125%” shall be substituted; (6) in Chapter 89, for the entry in column (4) occurring against all the tariff items of heading 8903, the entry “25%” shall be substituted. THE FOURTH SCHEDULE [See section 87(b)] In the Second Schedule to the Customs Tariff Act,— (I) after SI. No. 9 and the entries relating thereto, the following SI. No. and entries shall be inserted, namely:— (1)(2)(3)(4) “9A.1701Raw sugar, white or refined sugar20%”; (2) after SI. No. 23 and the entries relating thereto, the following SI. No. and entries shall be inserted, namely:— (1)(2)(3)(4) “23A.26060010Bauxite (natural), not calcined30% 23B.26060020Bauxite (natural), calcined30%”; (3) after SI. No. 24 and the entries relating thereto, the following SI. No. and entries shall be inserted, namely:— (1)(2)(3)(4) “24A.26140010Ilmenite, unprocessed30% 24B.26140020Ilmenite, upgraded (beneficiated ilmenite including ilmenite ground)30%”. Ex-454/201376 THE FIFTH SCHEDULE (Seesection 101) In the Third Schedule to the Central Excise Act,— (a)after S.No. 31 and the entries relating thereto, the following S. No. and entries shall be inserted, namely:— Sl. No.Heading,Description of goods sub-heading or tariff item (1)(2)(3) ‘31 A.3004(i) Medicaments exclusively used in Ayurvedic, Unani, Siddha, Homoeopathic or Bio-chemic systems, manufactured in accordance with the formulae described in the authoritative books specified in the First Sch edule to the Drugs and Cosmetics Act, 1940 (23 of 1940) or Homoeopathic Pharmacopoeia of India or the United States of America or the United Kingdom or the German Homoeopathic Pharmacopoeia, as the case may be, and sold under the name as speci fied i n such books or pharmacopoeia; (ii) Medicaments exclusively used in Ayurvedic, Unani, Siddha, Homoeopath ic or Bio-chemic systems and sold under a brand name. Explanation.— For the purposes of this entry, “brand name” means a brand name, whether registered or not, that is to say, a name or a mark, such as a symbol, monogram, label, signature or invented words or any writing which is used in relation to a medicament, for the purpose of indicating, or so as to indicate, a connection in the cour se of trade between th e medica men t an d some person using such name or mark with or without any indication of th e identity of that person.’: (b) against SI. No. 64, for the entry in column (2), th e entr y “7615 10 11 ” shall be substituted.Ex-454/2013 77 THE SIXTH SCHEDULE (See section 102) In the First Schedule to the Central Excise Tariff Act,— (1) in Chapter 3,— (a) in tariff item 0302 24 00, for the entry in column (2), the entry “Turbots(Psetta maxima)”shall be substituted; (b)in tariff item 0303 34 00, for the entry in column (2), the entry “Turbots(Psetta maxima)”shall be substituted; (2) in Chapter 15, tariff item 1517 90 20 and the entries relating th ereto shall be omitted; (3) in Chapter 24,— (a) in tariff items 2402 10 10 and 2402 10 20, for th e entr y in column (4) occur rin g against each of them, the entry “12% or Rs. 1781 per thousand, whichever is higher” shall be substituted; (b) in tariff item 2402 20 20, for the entry in column (4), the entry “Rs. 1772 per thousand” shall be substituted; (c) in tariff item 2402 20 40, for the entry in column (4), the entry “Rs. 1249 per thousand” shall be substituted; (d) in tariff item 2402 20 50, for the entry in column (4), the entry “Rs. 1772 per thousand” shall be substituted; (i) in tariff item 2402 20 60, for the entry in column (4), the entry “Rs. 2390 per thousand” shall be substituted; (f) in tariff item 2402 20 90, for the entry in column (4), the entry “Rs. 2875 per thousand” shall be substituted; (g) in tariff item 2402 90 10, for the entry in column (4), the entry “Rs. 1511 per thousand” shall be substituted; (h) in tariff items 2402 90 20 and 2402 90 90, for the entr y in column (4) occurring against each of t h em , the entry “12% or Rs. 1738 per thousand, whichever is higher” shall be substituted; (4) in Chapter 87, in tariff items 8703 23 10,8703 23 91,8703 23 92,8703 23 99,8703 24 10,8703 24 91,8703 24 92,8703 24 99,8703 32 10,8703 32 91,8703 32 92,8703 32 99,8703 33 10,8703 3391,8703 33 92,8703 33 99, 8703 90 90, for the entry in column (4) occurring against each of them, the entry “30%” shall be substituted. Ex-454/201378 Published and Issued by the Controller, Printing & Stationery, 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. 455 NOTIFICATIONNo.H.12017/55/2012-LJD, the 16th August, 2013.The following Act is hereby publis hed for gen- eral information. The Constitution (Ninety-Eighth Amendment) Act, 2012 Zahmingthanga Ralte, Deputy Secretary to the Govt. of Mizoram. THE CONSTITUTION (NINETY-EIGHTH AMENDMENT) ACT, 2012 AN ACT further to amend the Constitution of India. BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows :- 1. (1) This Act may be called the Constitution (Ninety-eighth Amendment) Act, 2012. (2) It shall come into force on such date as the Central Gov- ernment may, by notification in the Official Gazette, appoint. 2. After article 371-I of the Constitution, the following ar- ticle shall be inserted, namely:- “371J.(1) The President may, by order made with respect to the St ate of Kar nataka , provide for any special responsibilit y of the Governor for-Short title and commencement. Insertion of new article 371J. Special provi- sions with respect to State of Karnataka. (a) est ablishment of a separate development board for Hyderabad-Karnataka region with the provision that a report on the working of the board will be placed each year before the State Leg- islative Assembly; (b) equitable allocation of funds for development expendi- ture over the said region, subject to the requirements of the State as a whole; and (c) equitable opportunities and facilities for the people be- longing to the said region, in matters of public employment, educa- tion and vocational training, subject to the requirements of the State as a whole. (2) An order made under sub-clause(c) of clause (1) may provide for- (a) reservation of a proportion of seats in educational and vocational training institutions in the Hyderabad-Karnataka region for students who belong to that region by birth or by domicile; and (b) identification of posts or classes of posts under the State Government and in any body or organisation under the control of the State Government in the Hyderabad-Karnataka region and reser- vation of a proportion of such posts for persons who belong to that region by birth or by domicile and for appointment thereto by direct recruitment or by promotion or in any other manner as may be speci- fied in the order.”. Ex-455/20132 Published and Issued by the Controller, Printing & Stationery, 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. 456 NOTIFICATIONNo.H.12017/55/2012-LJD, the 16th August, 2013.The following Act is hereby publis hed for gen- eral information. The National Food Security Ordinance, 2013 (Ordinance No. 7 of 2013) Zahmingthanga Ralte, Deputy Secretary to the Govt. of Mizoram. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 5th July, 2013/Asadha 14, 1935 (Saka) THE NATIONAL FOOD SECURITY ORDINANCE, 2013 NO. 7 OF 2013 Promulgated by the President in the Sixty-fourth Year of the Republicof India. An Ordinance to pr ovide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto. WHEREAS the National Food Security Bill, 2011 was intr oduced in the House of the People on the 22nd day of December, 2011 and referred to the Department-related Par liamenta ry Standing Committee on Food, Consumer Affairs and Public Distribution which gave its report on the 17th day of January, 2013 but the sa id Bill has not been passed; Ex-456/20132 AND WHEREAS in pursuance of t he constitutional obligations, it is considered necessary to enact a law providing for food security to the people of the country to live a life with dignity; AND WHEREAS Parlia ment is not in session a nd the Pr esident is satisfied tha t circumsta nces exist which render it necessar y for him to ta ke immediate act ion to give effect to t he provisions of the sa id Bill with certain modifications; NOW, THEREF ORE, in exercis e of the power s conferred by clause (1) of article 123 of the Constitution, the President is pleased to p romulgate the following Ordinance:— CHAPTER I PRELIMINARY 1.(1) This Or dinance may be called the National Food Security Ordinance, 2013. (2 ) It extends to the whole of India. (3 ) Save as otherwise pr ovided, it shall come into force at once. 2.In this Ordinance, unless the context otherwise requir es,— (1) “anganwadi”means a child car e and development centre set up under the Integrated Child Development Services Scheme of the Central Government to render services cover ed under section 4, clause (a) of sub-section (1) of section 5 and section 6; (2)“ central pool” means the stock of foodgrains which is,— (i)procured by the Central Government and the State Governments through minimum suppor t price operations; (ii)maintained for allocations under the Targeted Public Distribution System, other welfare schemes, including calamity relief and such other schemes; (iii)kept a s r eserves for s chemes referred to in su b-cla us e (ii); (3) “eligible households” means households covered under the p riority households and the Antyodaya Anna Yojana referred to in sub-section (1) of section 3; (4)“ fair price shop” means a shop which has been licensed to distribute essentia l commodities by an or der issued under section 3 of t he Essential Commodities Act, 1955, to the ration card holders under the Ta rgeted Public Distribution System; (5)“foodgrains” means rice, wheat or coa rse grains or any combination thereof conforming to s uch qua lity nor ms as ma y be determined, by order, by the Central Government from time to time; Short title, extent and commen- cement. Definitions. 10 of 1955. Ex-456/2013 3 (6") “food security” means the supply of the entit led quantity of foodgrains and meal specified under Chapter II; (7) “food security allowa nce” mea ns the amount of money to be paid by the concerned State Government to the entit led persons under section 8; (8) “local authority” includes Panchayat, municipality, district boar d, cantonment board, town pla nning a uthorit y and in the States of Assam, Manipur, Meghala ya, Mizoram, Nagaland and Tripura where Panchayats do not exist, the villa ge council or committee or any other body, by whatever name called, which is authorised under the Constitution or a ny la w for the time being in for ce for self- governance or any other a uthority or body vested with the control and management of civic services, within a specified local area; (9) “meal” means hot cooked meal or ready to eat meal or take home r ation, as may be prescribed by the Central Government; (10) “minimum support price” means the assured price announced by the Central Government at which foodgrains are procured from farmers by the Central Government and the State Governments and their agencies, for the central pool; (11) “notification” means a notification issued under this Ordinance and published in the Official Gazette; (12) “other welfare schemes” means such Government schemes, in a ddition to the Ta rget ed Public Distribution System, under which foodgra ins or meals ar e supplied as part of the schemes; (13) “person with disability” means a person defined as such in cla use(t)of s ection 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; (14) “priority households” means households identified as such under section 10; (15) “prescribed” means pr escribed by rules made under this Ordinance; (16)“ration car d” means a docu ment issued under an order or a uthorit y of the State Government for the purchase of essential commodit ies from the fair price shops under the Ta rgeted Public Distribution System; (17) “rural area” means any area in a State except those areas covered by any urban loca l body or a cantonment board established or constituted under any law for the time being in force; 1 of 1996. Ex-456/20134 (18) “Schedule” means a Schedule appended to this Ordinance; (19)“senior citizen” means a person defined as such under clause(h)of s ection 2 of t he Maintenance and Welfar e of Parents and Senior Citizens Act, 2007; (20)“social audit” means the process in which people collectively monitor and evaluate the planning and implementation of a programme or scheme; (21) “State Commission” means the State Food Commission constituted under section 16; (22)“State Government”, in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution; (23) “Targeted Public Distribution System” means the system for distribution of essential commodities to the ration card holders through fair price shops; (24)“Vigilance Committ ee” means a committee constit uted under section 29 to supervise the implementation of all schemes under this Ordina nce; (25)the words and expressions not defined here but defined in t he Essential C ommodities Act, 1955, or any other r elevant Act shall have the meaning respectively assigned to them in those Acts. CHAPTER II PROVISIONS FOR FOOD SECURITY 3.(1)Every person belonging to priority households, identified under sub-s ection (1) of section 10, shall be entitled to r eceive five kilograms of foodgrains per person per month at subsidised pr ices specified in Schedule I fr om the State Government under the Targeted Public Distribution System: Provided that the households covered under Antyodaya Anna Yojana shall, to such extent as may be specified by the Central Government for each State in the s aid scheme, be entitled to thirty- five kilogr ams of foodgra m of foodgrains per household per month at the prices specified in Schedule I. Explanation.—For the purpose of this section, the “Antyodaya Anna Yojana ” means, the scheme by the said na me launched by the Centr al Government on the 25th day of December, 2000; and as modified from time to time. 56 of 2007. 10 of 1955. Right to receive foodgrains at su bsidised prices by persons belongin g to eligible households under Targeted Pu blic Distribution System. Ex-456/2013 5 (2) The entitlements of the persons belonging to the eligible households r eferred to in sub-section (1) at subsidised prices shall extend up to seventy-five per cent. of the rural p opulation and up to fift y per cent. of the urban population. (3) Subject to sub-section (1), the State Government may provide to the persons belonging to eligible households, wheat flour in lieu of the entitled quantity of foodgrains in accordance with such guidelines as may be specified by the Central Government. 4. Subject to such schemes as may be framed by the Central Government, every pr egnant woman and lacta ting mother shall be entitled to— (a) meal, free of charge, during pregnancy and six months after the child birth, through the localanganwadi,so as to meet the nutr itional standa rds specified in Schedule II; and (b) maternity benefit of not less than r upees six thousand, in such instalments as may be prescribed by the Central Government: Provided that all pregnant women and la ctating mother s in regu la r employment wit h the Cent ra l Government or St ate Governments or P ublic S ector Undertakings or those who are in receipt of similar benefits under a ny law for the time being in force shall not b e entit led to benefits specified in clause (b). 5.(1) Subject to the provisions contained in clause(b),every child up to the age of four teen years shall have the following entitlements for his nutritional needs, namely:— (a)in t he case of children in the age group of six months to six years, age appr opriate meal, free of charge, through the local anganwadiso as to meet the nutritional standards specified in Schedule II: Provided tha t for children below the a ge of six months, exclusive breast feeding shall be promoted; (b)in t he case of children, up to class VIII or within the age group of six to fourteen years, whichever is applicable, one mid- day meal, fr ee of charge, everyday, except on school holidays, in all schools r un by loca l bodies, Government a nd Government a ided schools, so as to meet the nutritional standards specified in Schedule II. (2)Every school, refer red to in clause(b)of s ub-section (1), andanganwadishall have facilities for cooking meals, drinking water and s anitation: Nutritional su pport to pregnant women and lactating mothers. Nutritional su pport to children. Provided that in urban ar eas facilities of centralised kitchens for cooking meals may be used, wherever required, as per the guidelines issued by the Central Government. 6. The State Government shall, through the localanganwadi, identify and provide meals, free of charge, to children who suffer from malnutrition, so as to meet the nutritiona l standards specified in Schedule II. 7. The State Governments shall implement schemes coveringn entitlements under sections 4, 5 and section 6 in accordance with the guidelines, including cost sharing, between the Central Government a nd the State Governments in such manner as may be prescribed by the Central Government. CHAPTER III FOOD SECURITY ALLOWANCE 8. In case of non-supply of the entitled quantities of foodgrains or meals to entitled persons under Chapter II, such persons shall be entitled to receive such food security allowance from the concerned Sta te Government to be paid to each person, within such time and manner as may be prescribed by the Central Government. CHAPTER IV IDENTIFICATI ON OF EL I GIBLE HOUSEHOL DS 9. The percentage coverage under the Targeted Public Distribution System in rural and urban areas for each State shall, subject to sub-section (2) of section 3, be determined by the Central Government and the total number of persons to be covered in such rura l and urban areas of the State shall be calculated on the ba sis of t he population estimates as per the census of which t he relevant figures ha ve been publis hed. 10. (1) The Sta te Government shall, within t he number of persons determined under section 9 for the rura l and u rban ar eas, identify— (a) the households to be covered under the Antyodaya Anna Yojana to the extent specified under sub-section (1) of section 3, in accordance with the guidelines applicable to the said scheme; (b) the rema ining households as priority households to be covered under the Targeted Public Distribution System, in accordance with such guidelines as the State Government may specify:Prevention and management of child malnutrition. Implementation of schemes for realisation of entitlements. Right to receive food security allowance in certain cases. Coverage of population under Targeted Public D is t r ibu t ion System. State Government to prepare guidelines and to identify priority h ou seh olds. Ex-456/20136 Provided that the State Government may, as soon as possible, but within such period not exceeding one hundred and eighty days, after the commencement of the Ordinance, identify the eligible households in accor dance with the guidelines fra med under this sub- section: Provided fu rther that the State Government sha ll continue to r eceive the allocation of foodgrains from the Central Government under the existing Targeted Public Distribution System, till the identification of s uch households is complete. (2) T he State Government shall update the list of eligible households, within the number of p ersons determined under section 9 for the rural and urban areas, in accordance with the guidelines framed under sub-section (1). 11. The State Government shall place the list of the identified eligible households in the public domain a nd display it prominently. CHAPTER V REFORMS IN TARGETED PUBLIC DISTRIBUTION SYSTEM 12.(1)T he Cent r a l a nd State G over nments sha ll endeavour to progr essively undertake necessary reforms in the Targeted Public Distribution System in consonance with the role envisaged for them in this Ordina nce. (2) The reforms shall,inter alia,include— (a)door step delivery of foodgr ains to the Targeted Public Distribution System outlets; (b)application of information a nd communica tion technology tools including end-to-end computerisation in order to ensure transparent r ecording of tr ansactions at all levels, and to prevent diversion; (c) leveraging “a adhaar” for unique identification, with biometric informa tion of entitled beneficiaries for pr oper targeting of benefits under this Ordina nce; (d)full transparency of records; (e)preference to public institutions or public bodies such as P anchayats, self help gr oups, co-opera tives, in licensing of fair price shops and ma nagement of fa ir price shops by women or their collectives; (f) diversification of commodities distributed under the Public Distribution System over a period of time; (g)support to local public distribution models and gr ains banks; Publication and display of list of eligible h ou se- holds. Reforms in Targeted Public D is t r ibu t ion System.Ex-456/2013 7 (h)introducing schemes, such as, cash transfer, food coupons, or other schemes, to the targeted beneficiaries in lieu of their foodgrain entitlements specified in Cha pter II,in such area and manner as may be prescribed by the Central Government. CHAPT ER VI WOMEN EMPOWERMENT 13. (1) The eldest woman who is not less than eighteen years of a ge, in every eligible household, shall be head of the household for the pur pose of issue of ration ca rds. (2) Where a household at any time does not have a woman or a woman of eighteen year s of age or above, but has a female member below the age of eighteen years, then, the eldest male member of t he household shall be the hea d of the household for the purpose of issue of ration card and the female member, on attaining the age of eighteen years, shall become the head of the household for such ra tion ca rds in p lace of such male member. CHAPTER VII GRIEVANCE REDRESSAL MECHANISM 14. Every State Government sha ll put in place an internal gr ieva nce r edr es s a l mecha nis m which ma y inclu de ca ll cent r es , help lines, designation of nodal officers, or such other mecha nism as ma y be p rescribed. 15. (1) The Sta te Government shall appoint or designate, for each district, an officer to be the District Grievance Redressal Officer for expedit ious a nd effect ive redressal of gr ievances of the aggrieved persons in matters relating to distribution of entitled foodgrains or meals under Chapter II, and to enfor ce the entitlements under this Ordina nce. (2) The qualifications for appointment as District Grievance Redressal Officer and its powers shall be such as ma y be prescribed by the State Government. (3) The method and terms and conditions of appointment of the District Grievance Redressal Officer shall be such as may be prescribed by the State Government. (4) T he Sta te Government shall provide for the salary and allowances of t he Dis trict Grievance Redressal Officer and other staff and such other expenditure as ma y be considered necessary for their proper functioning. (5 ) T he officer referr ed to in sub-section (1 ) s hall hear complaints regarding non-distribution of entitled foodgrains or meals, and matters relating thereto, and take necessary action forWomen of eighteen years of age or above to be head of household for purpose of issue of ration cards. In tern al grievan ce redressal mecha- nism. District Grievance Redressal Officer. Ex-456/20138 their redressal in such manner and within such time as may be prescribed by the State Government. (6) Any complainant or the officer or authority against whom any order has been passed by officer referred to in sub-section (1),who is notsatisfied with the redressa l of gr ievance may file an appeal against such order b efore the State Commission. (7) Every a ppeal u nder sub-section(6)shall be filed in such manner and within such time as may be prescribed by the State Government. 16. (7) Every St ate Government may, by notification, cons titute a State Food C ommission for the pur pose of monitoring and review of implementation of this Ordina nce. (2) T he Sta te Commission shall consist of— (a) a Chairperson; (b) five other Members; and (c) a Member-Secret ary, who sha ll be an officer of the S tate Government not below the rank of Joint Secretary to that Government:, Provided that there shall be at least two women, whether Chairperson, Member or Member-Secretary: Provided fur ther that there shall be one person belonging to the Scheduled Castes and one person belonging to the Scheduled Tr ib es, whether Cha irperson, Member or Member-Secret ary. (3) T he Cha irperson and other Members shall b e appointed from amongst persons— (a) who a re or ha ve been member of the All India Services or a ny other civil services of the Union or State or holding a civil post under the Union or State ha ving knowledge and experience in matters relating to food security, policy making and administra tion in the field of agr iculture, civil supplies, nutrition, health or a ny allied field; or (b) of eminence in public life with wide knowledge and experience in agriculture, law, human rights, socia l service, management, nutrition, health, food policy or public a dministration; or (c) who have a proven r ecor d of work rela ting to t he impr ovement of the food a nd nutr ition r ights of the poor. (4)The Chair person and every other Member shall hold office for a term not exceeding, five years from the da te on which he enters upon his office and sha ll be eligible for reappointment: Provided tha t no person shall hold office as the Chairperson or other Member aft er he has atta ined the age of sixty-five years. St ate Fo od Commission.Ex-456/2013 9 (5) T he method of appointment and other terms a nd conditions subject to which the Chairperson, other Members and Member- Secretary of the State Commission may be appointed, and time, place and procedure of meetings of the State Commission (including the quor um at such meetings) and its powers, shall be such as ma y be prescribed by the State Government. (6) The State Commission shall undertake the following functions, namely:-— (a) monitor and evaluate the implementation of this Ordinance, in relation to the St ate; (b) eithersuo motuor on receipt of complaint inquire into violations of entit lements provided under Chapter II; (c) give advice to the Sta te Government on effective implementation of this Ordina nce; (d) give advice to the State Government, their agencies, autonomous bodies as well as non-governmental organisations involved in delivery of relevant services, for the effective implementation of food and nutrition r elated schemes, to enable individuals to fully a ccess their entitlements specified in this Ordinance; (e) hear appeals against orders of the District Grievance Redressal Officer; (f) prepare annual reports which shall be laid before the State Legislature by the State Government. (7) The St ate Government shall make available to the State Commission, such administrative and technical staff, as it may cons ider necessary for proper functioning of the State Commission. (8)The method of appointment of the staff under sub-section (7), their salaries, allowances and conditions of service shall be such, as may be pr escribed by the State Government. (9) The State Government may remove from office the Chairperson or any Member who— (a) is, or a t any time has been, a djudged as an insolvent; or (b) has become physically or menta lly incapable of acting as a member; or (c) has been convict ed of a n offence, which, in the opinion of the State Government, involves moral turpitude; or Ex-456/201310 (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or (c) has so abused his position a s to r ender his cont inuation in office detrimental to the public interest. (10)No such Cha irperson or Member sha ll be removed under clause(d)or clause (e) of sub-section (9) unless he has been given a reasonable opportunity of being heard in the matter. 17. The State Government shall provide for salary and allowances of Cha irperson, other Members, Member-Secretary, support staff, and other administra tive expenses r equired for pr oper functioning of the State Commission. 18. The State Government may, if consider s it necessary, by notifica tion, designate any statutor y commission or a body to exercise the powers and perform the functions of the State Commission referred to in section 16. 19. Not withsta nding a nything contained in sub-section (1) of section 16, two or more States may have a joint State Food Commission for the purposes of this .Or dinance with the appr oval of the Centra l Government. 20. (1) The St ate Commission shall, while inquiring into any matter referred to in cla uses (b) and (e) of s ub-section (6) of section 16, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, and, in pa rticular, in respect of the following matters, namely:—. (a) summoning and enforcing the attendance of any person and examining him on oath; (b) discover y and production of any document; (c) receiving evidence on affidavits; (d) requisit ioning any public record or copy thereof from any cour t or office; and (e) issuing commissions for the examination of witnesses or documents. (2) The Sta te Commission shall have the power to for ward any case to a Magistrate ha ving jurisdiction to t ry the same and the Magistrate to whom any such case is forwar ded shall proceed to hea r the compla int against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.Salary an d allow- ances of Chairper- son, Member, Member-Secretary and other staff of State Commission. Designation of any Commission or body to function as State Commis- sion. Joint State Food Commission. Powers relating to inquiries. 5 of 1908. 2 of 1974.Ex-456/2013 11 21. No act or proceeding of the State Commission shall be inva lid merely by reason of—- (a) any vacancy in, or any defect in the constitution of 5 the State Commission; or (b) any defect in the appointment of a person as the Chairperson or a Member of the St ate Commission; or (c) any irregularit y in the procedure of the State Commission not affecting the merits of the case. CHAPTER VIII OBLIGATIONS OF CENTRAL GOVERNMENT FOR FOOD SECURITY 22. (1) T he Centra l Government shall, for ensur ing the regular supply of foodgrains to persons belonging to eligible households, allocate from the central pool the required quantity of foodgrains to the State Governments under the Targeted Public Distribution System, as per the entitlements under section 3 and at prices specified in Schedule I. - (2) The Central Government shall allocate foodgrains in accordance with the number of persons belonging to the eligible households identified in each State under section 10. (3)The Central Government shall provide foodgrains in resp ect of entitlements under sections 4, 5 and section 6, to the State Governments, at pr ices specified for the persons belonging to eligible households in Schedule I. (4)Without prejudice to sub-section (1), the Central Government shall,— (a)procure foodgrains for the central pool thr ough its own agencies and the State Governments and their agencies; (b) allocate foodgr ains to the Sta tes; (c)p rovide for tra nsporta tion of foodgrains, as per allocation, to the depots designated by the C entral Government in each St ate; (d) p rovide assistance to the State Government in meeting the expenditure incurred by it towards intra-State movement, handling of foodgra ins and margins paid t o fair price shop dealers, in a ccordance with such norms and manner as ma y be pr escribed by the Centra l Gover nment; and (e) create and maint ain required modern and scientific storage facilities at various levels. 23. In case of short supply of foodgra ins from the central pool to a State, the Centr al Government shall p rovide funds to the extent of short supply to the State Government for meeting obligations under Chapter II in such ma nner as may be prescr ibed by the Centra l Government. Vacancies, etc., not to invalidate proceedings of State Commission. Cen tral Govern- ment to allocate required quantity of foodgranins from central pool to State Govern- ments. Provisions for funds by Central Government to State Government in certain cases. Ex-456/201312 CHAPTER IX OBLIGATIONS OF STATE GOVERNMENT FOR FOOD SECURITY 24. (1) The State Government shall be responsible for implementation and monitor ing of the schemes of va rious Ministries and Departments of the Central Government in accordance with guidelines is sued by the Central Gover nment for each scheme, and their own schemes, for ensuring food security to the targeted beneficia ries in t heir St ate. (2) Under the Targeted Public Distribution System, it shall be the duty of the State Government to— (a) take delivery of foodgr ains fr om the designated depots of the Central Government in the State, at the prices specified in Schedule I, orga nise intra-State a llocations for delivery of the allocated foodgrains through their author ised agencies a t the door- step of each fair price shop; and ensure actual delivery or supply of the foodgrains to the entitled persons at the prices specified in Schedu le I. (3) For foodgrain requirements in respect of entitlements under sections 4, 5 and section 6, it shall be the responsibility of the State Government to take delivery of foodgrains from the designated depots of t he Cent ral Government in the State, at the prices specified in Schedule I for persons belonging to eligible households and ensure actual delivery of entitled benefits, as specified in the sections aforesaid. (4) In case of non-supply of the entitled quantities of foodgrains or meals to entitled persons under Chapter II, the State Government shall be responsible for payment of food security allowance specified in section 8. (5) For efficient operations of the Targeted Public Distribution System, ever y State Government sha ll,— (a)create and maintain scientific storage facilities at the State, District and Block levels, being sufficient to accommodate foodgrains required under the Targeted Public Distribution System and other food based welfa re schemes; (b) suitably strengthen ca pacities of their Food and Civil Supplies Corporations and other designated agencies; (c) establish institutionalised licensing arr angements for fair price shops in accordance with the releva nt provisions of the Public Distribution System (Control) Order, 2001 made under the Essential Commodities Act, 1955, as amended from time to time.Implementation and monitoring of schemes for ensurin g food security. 10 of 1955.Ex-456/2013 13 CHAPTER X OBLIGATIONS OF LOCAL AUTHORITIES 25. (1) The local authorities shall be responsible for the proper implementation of t his Ordinance in their respective ar eas. (2) Without prejudice to sub-section (1), the State Government may assign, by notification, additional responsibilities for implementation of the Targeted Public Distribution System to the loca l author ity. 26. In implementing differ ent schemes of the Ministries and Depar tments of the Centr al G overnment and the Sta te Governments , prepa red to implement provisions of this Ordina nce, the local authority shall be responsible for discharging such duties and responsibilities as may be assigned to them, by notification, by the r espective State Governments. CHAPTER XI TRANSPARENCY AND AC COUNTABI LITY 27. All Target ed Public Distribution System related records shall be pla ced in the public doma in and kept open for inspection to the public, in such manner as may be prescribed by the State Government. 28. (1) Every local authority, or any other authority or body, as may be authorised by the State Government, shall conduct or cause to be conduct ed, periodic social audits on the functioning of fair price shops, Targeted Public Distribution System and other welfa re schemes, a nd cause to publicise its findings and ta ke necessary action, in such manner as may be prescribed by the State Government. (2) The Central Gover nment may, if it considers necess ary, conduct or cause to be conducted social audit through independent agencies having exp erience in conduct of such audits. 29. (1) For ensuring transpa rency and proper functioning of the Targeted Public Distr ibution System and accountability of the functionaries in such system, every State Government s hall set up Vigilance Committees as specified in the Public Distribution System (Control) Order, 2001, ma de under the Essentia l Commodities Act, 1955, as amended from time to time, at the State, District, Block and fair price shop levels consisting of such persons, as may be prescribed by the State Government giving due representation to the local author ities, the Scheduled Ca stes, the Scheduled Tribes, women and destitute persons or persons with disability. Implementation of Targeted Public D is t r ibu t ion System by local authority in their areas. Obiligations of local authority. Disclosure of records of Targeted Public D is t r ibu t ion System. Cinduct of social audit. Setting up of vigilance Commit- tees. 10 of 1955. Ex-456/201314 (2)The Vigilance Committees shall perform the following fu nctions, na mely:— (a) regularly supervise the implementation of all schemes under this Ordinance;inform the District Grievance Redressal Officer, in writing, of a ny violation of the provisions of this Ordinance; and (c) inform the District Grievance Redressal Officer, in writing, of a ny malpr actice or misa ppropria tion of funds found by it. CHAPTER XII PROVISIONS FOR ADVANCING FOOD SECURITY 30. The Centra l Government a nd the State Governments shall, while implementing the provisions of this Ordinance and the schemes for meeting specified entitlements, give special focus to the needs of t he vulnerable groups especially in remote ar eas and other a reas which are difficult to access, hilly and tribal areas for ensuring their food security. 31. The Centra l Gover nment, the Sta te Governments and local authorities shall, for the purpose of advancing food and nutritional security, strive to progressively realise the objectives specified in Schedule III. CHAPTER XIII MISCELLANEOUS 32. (1) The pr ovisions of this Ordinance shall not preclude the Central Government or the State Government from continuing or formulating other food ba sed welfare schemes. (2 ) Notwithsta nding a nything contained in this Ordina nce, the State Government may, continue with or formulate food or nutr ition ba sed pla ns or schemes providing for benefits higher than the benefits provided under this Ordinance, from its own resour ces. 33. Any public servant or authority found guilty, by the State Commission at the time of deciding any complaint or appeal, of failing to provide the relief recommended by the District Grievance Redress al Officer, without reasonable cause, or wilfully ignoring such recommendation, shall be lia ble to penalty not exceeding five thousand rupees: Provided tha t the public servant or the public a uthority, as the case ma y be, shall be given a reasonable opportunity of being hear d befor e any penalty is imposed. 34. (1) For the purpose of adjudging penalty under section 33, the State Commission shall authorise any of its member to be anFood secu rity for people living in remote, hilly and tribal areas. Steps to further advance food and nutritional security. Other welfare schemes. Pen alties. Power to adjudi- cate.Ex-456/2013 15 adjudicating officer for holding an inquiry in the prescribed ma nner after giving any person concerned a reasonable opportunity of being hear d for the purpose of imposing any penalty. (2 ) While holding an inquir y the adjudica ting officer sha ll have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of t he inquiry and if, on such inquiry, he is satisfied that the person has failed to provide the r elief r ecommended by t he District Grievance Redressal Officer, without reasonable cause, or wilfully ignored such recommendation, he ma y impose such penalty a s he thinks fit in accor dance with the provisions of section 33. 35. (1) The Central Government may, by notification, direct tha t the powers exercisable by it (except the power to make rules), in such circumstances and subject to such conditions and limitations, be exercisable also by the State Government or an officer subordinate to the Centr al Government or the State Government as it may specify in the notification. (2) T he State Government may, by notification, dir ect that the power s exercis able by it (except the power to make rules), in such circumstances and subject to such conditions and limitations, be exercisable also by an officer subordinate to it as it may specify in the notification. 36. The provisions of this Ordinance or the schemes made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of such law. 37. (1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend Schedule I or Schedule II or Schedule III and thereupon Schedule I or S chedule II or S chedule III, as the ca se may be, shall be deemed to have been amended accordingly. (2) A copy of every notification issued under sub-section (1), shall be la id before each House of Par liament as soon as may be after it is is sued. 38. T he Centr al Government may, fr om time to time, give such directions, as it may consider necessary, to the State Governments for the effective implementa tion of the pr ovisions of this Ordina nce and the St ate Governments shall comply with such directions. Power to delegate by Central Government and State Government. Ordinance to have overrding effect. Power to amend Sch edules. Power of Central Government to give direction s. Ex-456/201316 39. (1) The Centra l Government may, by notifica tion, a nd subject to t he condition of previous publication, make rules to carry out the provisions of this Ordina nce. (2) In particular, and without prejudice to the generalit y of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) scheme including cost sharing for providing maternity benefit to pregnant women a nd lacta ting mothers under clause(b) of section 4; (b) schemes covering entitlements under sections 4, 5 and section 6 including cost sharing under section 7; (c) amount, time and manner of payment of food security allowance to entit led individuals under section 8; (d) introducing schemes of ca sh tr ansfer, food coupons or other schemes to the targeted beneficia ries in lieu of their foodgr ains entitlements in such areas and manner under clause (h) of sub-section (2) of section 12; (e) the norms and ma nner of providing assistance to the Stat e Governments in meeting expenditure under cla u se(d)of sub-section (4) of section 22; (f) manner in which funds shall be provided by the Central Government to the State Governments in case of short supply of foodgrains, under section 23; (g) any other matter which is to be, or ma y be, prescribed or in respect of which pr ovision is to be made by the Central Government by rules. (3)Every rule made by the Central Government under this Ordinance shall be laid, a s soon as may be after it is made, before each House of Parliament, while it is in session, for a tota l period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions afor esaid, both Houses agr ee in ma king any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, tha t any such modification or annulment shall be without prejudice to the validity of anything previously done under that r ule. 40. (1) The State Government may, by notification, and subject to the condition of previous publication, and consistent with this Ordinance and the rules made by the Central Government, make rules to ca rry out the provisions of this Ordina nce. Power of Central Government to make rules. Power of State Government to make rules.Ex-456/2013 17 (2) In par ticular and without prejudice to the generalit y of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a)guidelines for identifica tion of priority households under sub-section (1) of section 10; (b) internal grievance redressal mechanism under section 14; (c) qu alifica tions for a ppointment as Distr ict Grievance Redressal Officer and its powers under sub-section (2) of section 15; (d) method and terms and conditions of appoint ment of the District Grievance Redressal Officer under sub-section(3)of section 15; (e) manner and time limit for hearing complaints by the District Grievance Redressa l Officer and the filing of a ppeals u nder sub-sections (5) and (7) of section 15; (f) method of appointment and the terms and conditions of appointment of Chair person, other Members and Member-Secretary of t he State Commission, procedur e for meetings of the Commission and its powers, under sub-section (5) of section 16; (g)method of appointment of sta ff of t he State Commission, their salaries, allowances and conditions of service under sub-s ection (8) ofsection 16; (h)manner in which the Targeted Public Distribution System related records sha ll be placed in the public domain and kept open for inspection to public under section 27; (i) manner in which the social a udit on the functioning of fair price shops, Target ed Public Distribution System and other welfare schemes shall be conducted under section 28; (j) composition of Vigilance Committees under sub-section (1) of section 29; (k) schemes or programmes of the Centra l Government or the State Governments for utilisation of institutional mechanism under section 43; (l) any other matter which is to be, or ma y be, prescribed or in r espect of which provision is to be ma de by t he State Government by rules. (3) Every rule, notification and guidelines made or issued by the State Government under this Ordinance shall, as soon as ma y be after it is made or issued, be laid before each House of the State Legislature where there are two Houses, and where there is one Hous e of the State Legislature, befor e tha t House. 41. T he s chemes, guidelines, or ders a nd food sta ndar d, grievance redressa l mecha nism, vigilance committees, existing on the date of commencement of this Ordina nce, shall continue to be in force and operate till such schemes, guidelines, orders and food Transitory provisions for schemes, gu ide- lines, etc. Ex-456/201318 standard, grievance redressal mechanism, vigila nce committees are specified or notified under this Ordinance or the rules made thereunder: Provided that anything done or any action ta ken under the said schemes, guidelines, orders and food standard, grievance redressal mechanism, or by vigilance committees shall be deemed to have been done or taken under the corresponding pr ovisions of this Ordinance and shall continue to be in force accordingly unless and until s uperseded by anything done or by any action taken under this Ordina nce. 42. (1) If any difficulty ar ises in giving effect to the provisions of t his Ordinance, the Central Government may, by order, published in t he Official Gazette, make such provisions, not inconsistent with the provisions of t his Ordina nce, as appear to it to be necessary or expedient for removing the difficu lty: Provided tha t no or der shall be made under this section a fter the expiry of two years from the date of commencement of this Ordinance. (2) Every or der made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 43. The services of authorities to be appointed or constit uted under sections 15 a nd 16 may be utilised in the implementation .of other schemes or progra mmes of the Centra l Government or the State Governments, as may be prescribed by the State Government. 44. The Centra l Government, or as the case may be, the State Government, shall be liable for a claim by any person entitled under this Ordinance, except in the case of war, flood, drought, fire, cyclone or earthquake affecting the regula r supply of foodgrains or meals to such person under this Ordina nce: Provided that the Central Government may, in consulta tion with the P lanning Commission, decla re whether or not a ny such situation affecting the regular supply of foodgrains or meals to such person has arisen or exist. Power to remove diff icu lt ies . Utilisation of institutional mechanism for oth er pu rposes. Force Majeure.Ex-456/2013 19 SCHEDULE I [Seesections3(1), 22(1), (3)and 24(2),(3)] SUBSIDISED PRICES UNDER TARGETED PUBLIC DISTRIBUTION SYSTEM Eligible households shall be entitled to foodgrains under section 3 at the subsidised price not exceeding rupees 3 per kg for rice, rupees 2 per kg for wheat and rupee 1 per kg for coarse grains for a period of three years from the date of commencement of this Ordinance; and thereafter, a t such price, as may be fixed by the Central Government, from time to time, not exceeding,— (i) the minimum support price for wheat a nd coarse grains; and (ii) the derived minimum support price for rice, as the case may be. SCHEDULE II [Seesections 4(a), 5(1) and 6] NUTRIT IONAL STANDARDS Nutritional standards:The nutritional standards for children in the age group of 6 months to 3 year s, age group of 3 to 6 years a nd pregnant and lactating women required to be met by providing ‘Ta ke Home Rations’1 or nutritious hot cooked meal or ready to eat meal in accordance with t he Integrated Child Development Services Scheme and nutritional sta ndards for children in lower and upper primary cla sses under the Mid Day Meal Scheme are as follows: SerialCategoryType ofColoriesProtein numbermeal 2(Kcal)(g) 12345 1.Children (6 months to 3Take Home50012-15 years)Ration 2.Children (3 to 6 years)Morning Snack50012-15 and Hot Cooked Meal 3.Children (6 month to 6Take home80020-25 years) who areRation malnourished 4.Lower primary classesHot Cooked Meal45012 5.Upper primary classesHot Cooked Meal70020 6.Pregnant women andTake Home60018-20 Lacta ting mothersRation Note : 1.-Energy Dense Food fortified with micronutrients as per 50 per cent. of Recommended Dietary Allowance. Note: 2.-The provisions of the Food Safety and Standards Act, 2006 (34 of 2006) and any other law for the time being in force shall apply to Meals referred to in this Schedule. NB: Nutritional standards are notified to provide balanced diet and nutritious foods in terms of the calorie counts, protein value and micronutrients specified.Ex-456/201320 SCHEDULE III(Seesection 31) PROVISIONS FOR ADVANCING FOOD SECURITY (1) Revitalisation of Agriculture — (a) agra rian reforms t hrough measures for securing interests of small and marginal farmers; (b ) incr ease in invest ments in agriculture, including research a nd development, extension services, micro and minor irrigation and power to incr ease pr oductivity and product ion; (c) ensu ring livelihood security to farmers by way of remunerative prices, access to inputs, credit, irrigation, power, crop insurance, etc.; (d) prohibiting unwarra nted diversion of land and water from food product ion. (2 ) Procurement, Stora ge and Movement related interventions—‘. . (a) incentivising decentralised procurement including procurement of coa rse gra ins; (b ) geographical diversification of procurement operations; (c) augmentation of adequate decentralised modern and scientific stor age; (d) giving top priority to movement of foodgr ains and providing sufficient number of rakes for this purpose, including expanding the line capa city of railwa ys to fa cilitate foodgrain movement fr om surplus to consuming regions. (3 ) Others: Access to— (a) safe and adequate drinking water and sanitation; (b ) hea lth ca re; (c) nutr itional, health and education support to adolescent girls; (d) adequate pensions for senior citizens, persons with disability and single women. PRANAB MUKHERJEE, President. P.K.MALHOTRA, Secy. to the Govt. of India.Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500Ex-456/2013 21

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. 457 NOTIFICATIONNo.H.12017/55/2012-LJD, the 16th August, 2013.The following Act is hereby publis hed for gen- eral information. The Securities Laws (Amendment) Ordinance, 2013 (Ordinance No. 8 of 2013) Zahmingthanga Ralte, Deputy Secretary to the Govt. of Mizoram. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 18th July, 2013 Asadha 27, 1935 (Saka) THE SECURITIES LAWS (AMENDMENT) ORDINANCE, 2013 No. 8 OF 2013 Promulgated by the President in the Sixty-fourth Year of the Repub- lic of India. An Ordinance further to amend the Securities and Exchange Board of India Act, 1992, the Securities Contracts (Regulation) Act, 1956 and the Depositories Act, 1996. WHEREAS Parliament is not in session and the President is satisfied that the circumstances exist which render it necessary for him to take immediate action; NOW, THEREFORE, in exercise of the power s conferred b y c lau s e ( 1 ) of a r ticle 1 23 of t he Const it ut ion, the P r esident is plea sed to promulgate the following Ordinance:- Ex-457/20132 CHAPTER I PRELIMINARY 1. (1) This Ordinance may be called the Securities Laws (Amendment) Ordinance, 2013. (2) Save as otherwise provided in this Ordinance, the provi- sions of this Ordinance shall come into force at once. CHAPTER II AMENDMENTS TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 2. In section 11 of the secur ities and Exchange Board of India Act, 1992 (hereafter in this Chapter referred to as the principal Act),- (i) in sub-section (2), (a) for clause (ia), the following clause shall be sub- stituted, namely :- “(ia) calling for information and records from any person including any bank or any other au- thority or board or corporation established or constituted by or under a ny Central or State Act which, in the opinion of the Board, shall be relevant to any investigation or in- quiry by the Board, in respect of any trans- action in securities;”; (b) after clause (ia), the following clause shall be inserted and shall be deemed to have been inserted with ef- fect from the 6th day of March, 1998, namely :- “(ib) calling for information from, or furnishing information to, other authorities, whether in India or outside India, having functions simi- lar to those of the Board, in the matters re- lating to the prevention or detection of vio- lations in respect of securities laws, subject to the provisions of other laws for the time being in force in this regard: Provided that the Board, for the purpose of funnishing any information to any authority outside India, may enter into an arrangement or agreement or understanding with such authority with the prior approval of the Central Government;”;Short title and commencement Amendment of section 11. 15 of 1992. (ii) after sub-section (4), the following sub-section shall be inserted, namely:- “(5) The amount disgorged, pursuant to a direction issued under section 11B or section 12A of the Securities Contracts (Regulation) Act, 1956 or section 19 of the Depositories Act, 1996, as the case may be, shall be credited to the Investor Protection and Education Fund established by the Board and such amount shall be utilised by the Board in accordance with the regulations made under this Act.”. 3. In section 11AA of the principal Act,- (1) in sub-section (1)- (a) after the word, brackets and figure “sub-section (2)”, the words, brackets, figure and letter “or sub-section (2A)” shall be in- serted; (b) the following proviso shall be inserted, namely:- “Provided that any pooling of funds under any scheme or arrangement, which is not registered with the Boar d or is not covered under sub-section (3), involving a corpus amount of one hundred crore rupees or more shall be deemed to be a collective investment scheme.”, (ii) in sub-section (2), in the opening portion, for the word “company”, the word “person” shall be substituted; (iii) after sub-section (2), the following sub-section shall be inserted, namely:- “(2A) Any scheme or arrangement made or offered by any person satisfying the conditions as may be specified in accordance with the regulations made under this Act.”; (iv) in sub-section (3),- (a) after the word, brackets and figures “sub-section (2)”, the words, brackets, figure and letter “or sub-section (2A)” shall be ins er t ed; (b) after clause (viii), the following clause shall be inserted, namely:- “(ix) such other scheme or arrangement which the Cent ra l Government ma y, in consult ation with the Boa rd, notify,”.42 of 1956. 22 of 1996 Amendment of section 11AA. Ex-457/2013 3 4. In section 11B of the principal Act, the followingExpla- nation shall be inserted, namely:- “Explanation. -F or the r emova l of doubts, it is hereby declar ed t ha t the power to issue dir ections under this sec- tion shall include and always be deemed to have been in- cluded the power to direct any person, who made profit or averted loss by indulging in a ny tra nsaction or a ct ivit y in contravention of the provisions of this Act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention.”. 5. In section 11C of the principal Act,- (i) for sub-section (8), the following sub-section shall be substituted, namely:- ‘(8) Where in the course of an investigation, the In- vestigating Authority has reason to believe that any person or ent erpr ise, as the case may be, to whom a notice u nder sub-section (3) has been issued or might be issued,- (a) has omitted or failed to provide the information or produce documents as required in the notice; or (b) would not provide the information or produce documents which shall be useful for, or relevant to, the in- vestigation; or (c) would destroy, mutilate, alter, falsify or secrete the information or documents useful for, or relevant to, the investigation, then, the Chairman may, after being satisfied that it is necessary to do so, authorise the Investigating Authority or any other officer of the Board (the officer so authorised in all cases being hereinafter referred to as the authorised offficer), to- (i) enter and search, with such assistance, as may be required, the building, place, vessel, vehicle or aircraft where such information or documents are expected or be - lieved to be kept; (ii) break open the lock of any door, box, locker, sa fe almirah or other receptacle for exercising the powers conferred by sub-clause (i), where the keys thereof are not available; (iii) s ear ch a ny p er son who ha s got ou t of, or is ab ou t to get into, or is in, the building, place, vessel, vehicle or aircraft, if the authorised officer has reason to suspect that such person has secreted about his person any such books of account or other documents;Amendment of section 11B. Amendment of section 11C. Ex-457/20134 (iv) require any person who is found to be in pos - session or control of any books of account or other docu- ments, maintained in the form of electronic record, to pro- vide the authorised officer the necessary facility to inspect such books of account or other documents. Explanation.-For the purposes of this sub- clause, the expression “electronic record” shall have the meaning assigned to it in clause (t) of sub-sec- tion (1) of section 2 of the Information Technology Act, 2000. (v) seize any such books of account or other docu- ments found as a result of such search; (vi) place marks of identification on any books of account or other documents or make or cause to be made extracts or copies therefrom; (vii) record on oath the statement of any person who is found to be in possession or in control of the information or documents referred to in sub-clauses (i), (iii) and (iv).”; (ii) for sub-section (9), the following sub-section shall be substituted, namely,- “(9) The Board may make regulations in relation to any search or seizure under this section; and in particular, without prejudice to the generality of the foregoing power, such regulations may provide for the procedure to be fol- lowed by the authorised officer- (a) for obtaining ingress into any building, place, vessel, vehicle or air craft to be sea rched where free ingress thereto in not available; (b) for ensuring safe custody of any books of account or other documents or assets seized.”; (iii) in sub-section (10), the words “and inform the Magis- trate of such return” shall be omitted. 6. After section 15JA of the principal Act, the following sec- tion shall be inserted and shall be deemed to have been inserted with effect from the 20th day of April, 2007 namely:- “15JB. (1) Notwithstanding anything contained in any other law for the time being in force, any person, against whom any pro- ceedings have been initiated or may be initiated under section 11, section 11B, section 11D, sub-section (3) of section 12 or section 15-I, may file an application in writing to the Board proposing for settlement of the proceedings initiated or to be initiated for the al- leged defaults.21 of 2000. Insertion of new section 15JB. Settlement of administrative and civil proceedings. Ex-457/2013 5 (2) The Board may, after taking into consideration the na- ture, gravity and impact of defaults, agree to the proposal for settle- ment, on pa yment of such sum by the defaulter or on such other terms as may be determined by the Board in accordance with the regulations made under this Act. (3) The settlement proceedings under this section shall be conducted in accordance with the procedure specified in the regula- tions made under this Act. (4) No appeal shall lie under section 15T against any order passed by the Board or adjudicating officer, as the case may be, under this section.”. 7. In section 15T of the principal Act, sub-section (2) shall be omitted. 8. In section 26 of the principal Act, sub-section (2) shall be omitted. 9. After section 26 of the principal Act, the following sec- tions shall be inserted, namely:- “26A. (1) The Central Government may, for the purpose of providing speedy trial of offences under this Act, by notification, establish or designate as many Special Courts as may be necessary. (2) A Special Court shall consist of a single judge who shall be appointed by the Central Government with the concurrence of the Chief J ustice of the High Court within whose jurisdiction the judge to be appointed is working. (3) A person shall not be qualified for appointment as a judge of a Special Court unless he is, immediately before such appoint- ment, holding the office of a Sessions Judge or an Additional Ses- sions Judge, as the case may be. 26B. Notwithsta nding anything contained in the Code of Criminal Procedur e, 1973, a ll offences under this Act commit ted prior to the date of commencement of the Securities Laws (Amend- ment) Ordinance, 2013 or on or after the date of such commence- ment, shall be taken cognizance of and triable by the Special Court established for the area in which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court concerned. 26C. The High Court may exercise, so far as may be appli- cable, all the powers conferred by Chapters XXIX and XXX of theAmendment of section 15T Amendment of section 26. Insertion of new sections 26A, 26B, 26C, 26D and 26E. Establishment of Special Courts. Offences triable by Special Courts. 2 of 1974 Appeal and revision. 2 of 1974Ex-457/20136 Code of Criminal Procedure, 1973 on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court. 26D. (1) Save as otherwise provided in this Act, the provi- sions of the Code of Criminal Proedure, 1973 shall apply to the pro- ceedings before a S pecial Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Ses- sion and the person conducting prosecution before a Special Court shall be deemed to be a Public P rosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973. (2) The person conducting prosecution referred to in sub- section (1) should have been in practice as an Advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the Union or a State, requiring special knowl- edge of law. 26E. Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a Court of Session exercising jurisdiction over the area, notwith- standing anything contained in the Code of Criminal Procedure, 1973: Provided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code of Crimi- nal Procedure, 1973 to transfer any case or class of cases taken cog- nizance by a Court of Session under this section.”. 10. After section 28 of the principal Act, the following sec- tion shall be inserted, namely:- ‘28A. (1) If a person fails to pay the penalty imposed by the adjudicating officer or fails to comply with any direction of the Board for refund of monies or fails to comply with a direction of disgorgement order issued under section 11B or fails to pay any fees due to the Board, the Recovery Officer may draw up under his sig- nature a statement in the specified form specifying the amount due from the person (such statement being hereafter in this Chapter re- ferred to as certificate) and shall proceed to recover from such per- son the amount specified in the certificate by one or more of the following modes, na mely:- (a) attachment and sale of the person’s movable property; (b) attachment of the person’s bank accounts; (c) attachment and sale of the person’s immovable property; (d) arrest of the person and his detention in prison; (e) appointing a receiver for the management of the person’s movable and immovable properties, 2 of 1974Application of Code to proceedings before Special Court. 2 of 1974Transitional provisions. 2 of 1974 Inserted of new section 28A. Ex-457/2013 7 and for this purpose, the provisions of sections 221 to 227, 228A, 229, 231, 232, the Second and Third Schedules to the Income-tax Act, 1961 and the Income-tax (Certificate Proceedings) Rules, 1962, as in force from time to time, in so far as may be, apply with neces- sary modifications as if the said provisions and the rules thereunder were the provisions of this Act and referred to the amount due under this Act instead of to income-tax under the Income-tax Act, 1961. Explanation 1.-For the purposes of this sub-section, the person’s movable or immovable property or monies held in bank accounts shall include any property or monies held in bank accounts which has been transferred directly or indirectly on or after the date when the amount specified in cer tificate had become due, by the person to his spouse or minor child or son’s wife or son’s minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid; and so far as the movable or immovable property or monies held in bank ac- counts so transferred to his minor child or his son’s minor child is concerned, it shall, even after the date of attainment of majority by such minor child or son’s minor child, as the case may be, continue to be included in the person’s movable or immovable property or monies held in bank accounts for recovering any amount due from the person under this Act. Explanation 2.-Any reference under the provisions of the Second and Third Schedules to the Income-tax Act, 1961 and the Inc ome-t ax (C ertificat e Proceedings) Rules , 196 2 to the asses see sha ll be construed as a reference to the person specified in the cer- tificate. Explanation 3.-Any reference to appeal in Cha pter XVIID and the Second Schedule to the Income-tax Act, 1961, shall be con- strued a s a reference to a ppeal befor e the Securities Appellate Tr i- bunal under section 15T of this Act. (2) The Recovery Officer shall be empowered to seek the assistance of the local district administr ation while exercising the powers under sub-section (1). (3 ) Notwithstanding anything contained in any other law for the time being in force, teh recovery of amounts by a Recovery Officer under sub-section (1), pursuant to non-compliance with any direction issued by the Board under section 11B, shall have prece- dence over any other claim against such person. (4) For the purpose of sub-sections (1), (2) and (3), the ex- pression “Recovery Officer” means any officer of the Board who may be authorised, by general or special order in writing, to exer- cise the power s of a Recovery Officer.’. 43 of 1961. 43 of 1961. 43 of 1961. Ex-457/20138 11. In section 30 of the principal Act, in sub-section (2),- (i) after clauce (c), the following clauses shall be inserted, namely:- “(ca) the utilisation of the amount credited under sub-section (5) of section 11; (cb) the fulfilment of other conditions relating to collective investment scheme under sub-section (2A) of sec- tion 11AA; (cc) the procedure to be followed by the authorised officer for search or seizure under sub-section (9) of section 11C;”; (ii) after clause (d), the following clauses shall be inserted, namely:- “(da) the terms determined by the Board for settle- ment of pr oceedings under sub-section (2) a nd the pr oce- dure for conducting of settlement proceedings under sub- section (3) of section 15JB. (db) any other matter which is required to be, or may be, specified by regulations or in respect of which pro- vision is to be made by regulations.”. CHAPTER III AMENDMENTS TO THE SECURITIES CONTRACTS (REGULATION) ACT, 1956 12. In section 12A of the Securities Contracts (Regulation) Act, 1956 (hereafter in this Chapter referred to as ‘the principal Act), the followingExplanation shall be inserted, namely:- “Explanation.-For the removal of douts, it is hereby declar ed that power to issue dir ections under this section shall include and always be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transaction or activity in contra- vention of the provisions of this Act or regulations made thereunder, to disgorge an amount equivalent to the wrong- ful gain made or loss averted by such contravention.”. 13. After section 23J of the principal Act, the following sec- tion shall be inserted and shall be deemed to have been inserted with effect from the 20th day of April, 2007, namely:- “23JA. (1) Notwithstanding anything contained in any other law for the time being in force, any person, against whom any pro- ceedings have been initiated or may be initiated under section 12A or section 23-I, may file an application in writing to the Board pro-Amendment of section 30. 42 of 1956.Amendment of section 12A. Insertion of new section 23JA. Settlement of administrative and civil proceedings. Ex-457/2013 9 posing for settlement of the proceedings initiated or to be initiated for the alleged defaults. (2) The Board may, after taking into consideration the na- ture, gravity and impact of defaults, agree to the proposal for settle- ment, on pa yment of such sum by the defaulter or on such other terms as may be determined by the Board in accordance with the regulations made under the Securities and Exchange Board of India Act, 1992 (3) For the purpose of settlement under this section, the pro- cedure as specified by the Board under the Securities and Exchange Board of India Act, 1992 shall apply. (4) No appeal shall lie under section 23L against any order passed by the Board or the adjudicating officer, as the case may be, under this section.”. 14. After section 23JA of the principal Act as so inserted, the following section shall be inserted, namely:- ‘23JB. (1) If a person fails to pay the penalty imposed by the adjudica ting officer or fails to comply with a direction of disgorgement order issued under section 12A or fails to pay any fees due to the Board, the Recovery Officer may draw up under his sig- nature a statement in the specified form specifying the amount due from the person (such statement being hereafter in this Chapter re- ferred to as certificate) and shall proceed to recover from such per- son the amount specified in the certificate by one or more of the following modes, na mely:- (a) attachment and sale of the person’s movable property; (b) attachment of the person’s bank accounts; (c) attachment and sale of the person’s immovable property; (d) arrest of the person and his detention in prison; (e) appointing a receiver for the management of the person’s movable and immovable properties, and for this purpose, the provisions of sections 221 to 227, 228A, 229, 231, 232, the Second and Third Schedules to the Income-tax Act, 1961 and the Income-tax (Certificate Proceedings) Rules, 1962, as in force from time to time, in so far as may be, apply with neces- sary modifications as if the said provisions and the rules thereunder were the provisions of this Act and referred to the amount due under this Act instead of to income-tax under the Income-tax Act, 1961. Explanation 1.-For the purposes of this sub-section, the person’s movable or immovable property or monies held in bank accounts shall include any property or monies held in bank accounts which has been transferred, directly or indirectly on or after the date 15 of 1992. 15 of 1992. Insertion of new section 23JB. 43 of 1961.Ex-457/201310 when the amount specified in cer tificate had become due, by the person to his spouse or minor child or son’s wife or son’s minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid; and so far as the movable or immovable property or monies held in bank ac- counts so transferred to his minor child or his son’s minor child is concerned, it shall, even after the date of attainment of majority by such minor child or son’s minor child, as the case may be, continue to be included in the person’s movable or immovable property or monies held in bank accounts for recovering any amount due from the person under this Act. Explanation 2.-Any reference under the provisions of the Second and Third Schedules to the Income-tax Act, 1961 and the Inc ome-t ax (C ertificat e Proceedings) Rules , 196 2 to the asses see sha ll be construed as a reference to the person specified in the cer- tificate. Expalantion 3.-Any reference to appeal in Cha pter XVIID and the Second Schedule to the Income-tax Act, 1961, shall be con- strued a s a reference to a ppeal befor e the Securities Appellate Tr i- bunal under section 23L of this Act. (2 ) T he recovery officer shall be empowered t o seek the assistance of the local district administr ation while exercising the powers under sub-section (1). (3 ) Notwithstanding anything contained in any other law for the time being in force, the recovery of amounts by a Recovery Officer under sub-section (1), pursuant to non-compliance with any direction issued by the Board under section 12A, shall have prece- dence over any other claim against such person. (4) For the purposes of sub-section (1), (2) and (3), the ex- pression “Recovery Officer” means any officer of the Board who may be authorised, by general or special order in writing to exercise the powers of a Recovery Officer.’. 15. In section 26 of the principal Act, sub-section (2) shall be omitted. 16. After section 26 of the principal Act, the following sec- tions shall be inserted, namely:- “26A. (1) The Central Government may, for the purpose of providing speedy trial of offences under this Act, by notification, establish or designate as many Special Courts as may be necessary. 43 of 1961. 43 of 1961. Amendment to section 26. Insertion of new sections 6A, 26B, 26C, 26D and 26E. Establishment of Special Courts. Ex-457/2013 11 (2) A Special Court shall consist of a single judge who shall be appointed by the Central Government with the concurrence of the Chief J ustice of the High Court within whose jurisdiction the judge to be appointed is working. (3) A person shall not be qualified for appointment as a judge of a Special Court unless he is, immediately before such appoint- ment, holding the officer of a Sessions Judge or an Additional Ses- sions Judge, as the case may be. 26B. Notwithsta nding anything contained in the Code of Criminal Procedur e, 1973, a ll offences under this Act commit ted prior to the date of commencement of the Securities Laws (Amend- ment) Ordinance, 2013 or on or after the date of such commence- ment, shall be taken cognizance of and triable by the Special Court established for the area in which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court concerned. 26C. The High Court may exercise, so far as may be appli- cable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court. 26D. (1) Save as otherwise provided in this Act, the provi- sions of the Code of Criminal Procedure, 1973 shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Ses- sion and the person conducting prosecution before a Special Court shall be deemed to be a Public P rosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973. (2) The person conducting prosecution referred to in sub- section (1) should have been in practice as an Advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the Union or a State, requiring special knowl- edge of law. 26E. Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a Court of Session exercising jurisdiction over the area, notwith- standing anything contained in the Code of Criminal Procedure, 1973: Provided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code to trans- fer any case or class of cases taken cognizance by a Court of Session under this section.”. 20 of 1974.Offences triable by Special Courts. 2 of 1974.Appeal and Revision. 2 of 1974.Application of Code to proceedings before Special Court. Transitional provisions. 2 of 1974.Ex-457/201312 CHAPTER IV AMENDMENTS TO THE DEPOSITORIES ACT, 1996 17. In section 19 of the Depositories Act, 1996 (hereafter in this chapter referred to as the principal Act in this chapter), the fol- lowing Explanation shall be inserted, namely:- “Explanation.-For the removal of doubts, it is hereby declar ed that power to issue dir ections under this section shall include and always be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transaction or activity in contra- vention of the provisions of this Act or regulations made thereunder, to disgorge an amount equivalent to the wrong- ful gain made or loss averted by such contravention.”. 18. After section 19-I of the principal Act, the following section shall be inserted and shall be deemed to have been inserted with effect from the 20th day of April, 2007, namely:- “19-IA. (1) Notwithstanding anything contained in any other law for the time being in force, any person, against whom any pro- ceedings have been initiated or may be initiated under section 19 or section 19H, as the case may be, may file an application in writing to the Board proposing for settlement of the proceedings initiated or to be initiated for the alleged defaults. (2) The Board may, after taking into consideration the na- ture, gravity and impact of defaults, agree to the proposal for settle- ment, on pa yment of such sum by the defaulter or on such other terms as may be determined by the Board in accordance with the regulations made under the Securities and Exchange Board of India Act, 1992. (3) For the purpose of settlement under this section, the pro- cedure as specified by the Board under the Securities and Exchange Board of India Act, 1992 shall apply. (4) No appeal shall lie under section 23A against any order passed by the Board or the adjudicating officer under this section.”. 19. After section 19-IA of the principal Act as so inserted, the following shall be inserted, namely:- ‘19-IB. (1) If a person fails to pay the penalty imposed by the adjudica ting officer or fails to comply with a direction of disgorgement order issued under section 19 or fails to pay any fees due to the Board, the Recovery Officer may draw up under his sig- 22 of 1996.Amendment of section 19. Insertion of new section 19- IA. Settlement of Administrative Civil Proceed- ings. 15 of 1992. 15 of 1992. Insertion of new section 19- IB. Recover y of amounts Ex-457/2013 13 nature a statement in the specified form specifying the amount due from the person (such statement being hereafter in this Chapter re- ferred to as certificate) and shall proceed to recover from such per- son the amount specified in the certificate by one or more of the following modes, na mely:- (a) attachment and sale of the person’s movable property; (b) attachment of the person’s bank accounts; (c) attachment and sale of the person’s inmovable property; (d) arrest of the person and his detention in prison; (e) appointing a receiver for the management of the person’s movable and immovable properties. and for this purpose, the provisions of sections 221 to 227, 228A, 229, 231, 232, the Second and Third Schedules to the Income-tax Act, 1961 and the Income-tax (Certificate Proceedings) Rules, 1962, as in force from time to time, in so far as may be, apply with neces- sary modifications as if the said provisions and the rules thereunder were the provisions of this Act and referred to the amount due under this Act instead of to income-tax under the Income-tax Act, 1961. Explanation 1.-For the purposes of this sub-section, the person’s movable or immovable property or monies held in bank accounts shall include any property or monies held in bank accounts which has been transferred, directly or indirectly on or after the date when the amount specified in cer tificate had become due, by the person to his spouse or minor child or son’s wife or son’s minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid; and so far as the movable or immovable property or monies held in bank ac- counts so transferred to his minor child or his son’s minor child is concerned, it shall, even after the date of attainment of majority by such minor child or son’s minor child, as the case may be, continue to be included in the person’s movable or immovable property or monies held in bank accounts for recovering any amount due from the person under this Act. Explanation 2.-Any reference under the provisions of the Second and Third Schedules to the Income-tax Act, 1961 and the Inc ome-t ax (C ertificat e Proceedings) Rules , 196 2 to the asses see sha ll be construed as a reference to the person specified in the cer- tificate. Expalanation 3.-Any reference to appeal in Chapter XVIID and the Second Schedule to the Income-tax Act, 1961, shall be con- strued a s a reference to a ppeal befor e the Securities Appellate Tr i- bunal under section 23A of this Act. (2) T he recovery offficer shall b e empowered to seek the assistance of the local district administr ation while exercising the powers under sub-section (1). 43 of 1961. 43 of 1961. 43 of 1961.Ex-457/201314 (3 ) Notwithstanding anything contained in any other law for the time being in force, the recovery of amounts by a Recovery Officer under sub-section (1), pursuant to non-compliance with any direction issued by the Board under section 19, shall have prece- dence over any other claim against such person. (4) For the purposes of sub-sections (1), (2) and (3), the expression “Recovery Officer” means any officer of the Board who may be authorised, by general or special order in writing, to exer- cise the power s of a Recovery Officer. 20. In section 22 of the principal Act, sub-section (2) shall be omitted. 21. After section 22B of the principal Act, the following sections shall be inserted, namely:- “22C. (1) The Central Government may, for the purpose of providing speedy trial of offences under this Act, by notification, establish or designate as many Special Courts as may be necessary. (2) A Special Court shall consist of a single judge who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Courts within whose jurisdiction the judge to be appointed is working. (3) A person shall not be qualified for appointment as a judge of a Special Court unless he is, immediately before such appoint- ment, holding the office of a Sessions Judge or an Additional Ses- sions Judge, as the case may be. 22D. Notwithstanding anything contained in the Code of Criminal Procedur e, 1973, a ll offences under this Act commit ted prior to the date of commencement of the Securities Laws (Amend- ment) Ordinance, 2013 or on or after the date of such commence- ment, shall be taken cognizance of and triable by the Special Court established for the area in which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court concerned. 22E. The High Court may exercise, so far as may be appli- cable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court.Amendment of section 22. Insertion of new sections 22C, 22D, 22E, 22F and 22G. 2 of 1974.Offences trialble by Special Court. 2 of 1974.Appeal and Revision. Ex-457/2013 15 Establishment of Special Courts. 22F. (1) Save as otherwise provided in this Act, the provi- sions of the Code of Criminal Procedure, 1973 shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Ses- sion and the person conducting prosecution before a Special Court shall be deemed to be a Public P rosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973. (2) The person conducting prosecution referred to in sub- section (1) should have been in practice as an Advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the Union or a State, requiring special knowl- edge of law. 22G. Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a Court of Session exercising jurisdiction over the area, notwith- standing anything contained in the Code of Criminal Procedure, 1973: Provided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code to trans- fer any case or class of cases taken cognizance by a Court of Session under this section.”. 22. In section 23A of the principal Act, sub-section (2) shall be omitted. PRANAB MUKHERJEE, President. P.K. MALHOTRA, Secy. to the Govt. of India.Application of Code to proceedings before Special Court. 2 of 1974. Trasitional provisions. 2 of 1974. Amendment of section 23A. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-1000Ex-457/201316

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. 458 OFFICE MEMORANDUMSubject:Mizoram NGO’s Libraries Guidelines for Recognition and Regulating their Manag ement No.B.15011/1/2000-EAC, the 16th August, 2013.In order to enable various rural Libraries to main- tain proper and uniform functioning within Mizoram, the following guidelines are hereby framed for Re- cognition and Regulating the Management of NGO’s Libraries till new Rules is notified :- 1.Norms for Recognition of Libraries : For consideration of recognition of Libraries, the following criteria shall be adopted :- (a) The Library should have at least 500 books in the case of Urban Libraries and 300 books in case of Rural Libraries; (b ) The Library should have their own land and building; (c) Electricity facility should be there in electrified Village; (d) The Library should have average of 30 users per month at least; (e) the Library should be opened to public; (f) Preference will be given to Villa ges wher e ther e a re no Libraties; (g) The criteria/norms may be relaxed on certain cases with the approval of the Chairman of the State Library Committee; (h) The Library should be at least three years running with proper records of books stock; (i) Any such Library applying for Recognition be inspected and the State Library Committee (SLC) be satisfied with the inspection report; (j) Prescribed application form for recognition may be obtained from State Library/District Li- braries and submit to the Director, Art & Culture Department. (k) The NGO duly registered under Firm & Society Registration Act 1860 shall be eligible; (l) The Director, Art & Culture Department shall detail Officers to make spot verification on the application for recognition. (m) The Organisation (NGO) should maintain proper accounts. 2.Grants/Financial Assistance. (a) The Director, Art & Culture Department, Govt. of Mizoram shall initiate verifications and report on the observation before granting any assistances. Ex-458/20132 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-1000(b ) The recognised Libraries shall be given grants in the form of Books, Furniture, building grants etc. under the matching scheme of RRRLF, Kolkata with the recommendation and approval of the State Library Committee (SLC). (c) The Organisation (NGO) shaould maintain proper accounts and Stock Register of the grants received. 3.Recognition Fee/Renewal F ee. (a) There shall be a recognition fee @ Rs. 500/- for Non-Government Organisation (NGO) Li- braries in Urban Areas and @ Rs. 300/- for NGO Libraries in the Rural Areas. (b ) The Recognized NGO Libraries shall have to pay Renewal Fee every year @ Rs. 300/- for Urban Libraries and @ Rs. 200/- for Rural Libraries respectively. (c) The recognition/renewa l fees shall be revised/enhanced by Director as and when the need arises with prior approval of the Government of Mizoram. 4.Deposit of Fees. Library Recognition fee and Renewal Fees shall be deposited into Government account through Challan in favour of the Director, Art & Culture Department, Govt. of Mizoram, under the following Receipt Head of Acount :- 0202 -Education, Sport, Art & Culture 04-Art & Culture 102-Public Libraries 01-Art & Culture 5.De-Recognition/Cancellation. (a)Recognized Libraries who failed to deposit Renewal fee within the financial year shall be de-recognised or suspended until the fees are paid. (b)The Organisation/NGO fail to run and maintain their Libraries shall be de-recognised on the recommendation of the verifying offficer. (c)The NGO so de-recognized under the above terms shall not be entitled to received any assistance either in cash or kind. (d)Materials given to the NGO Libraries during the last 3(three) years shall be forfeited on de- recognition and such materials shall be returned to the Department. (e)Materials returned due to de-recognition shall be disposed off by the Department in consul- tation with State Library Committee. This issued with the approval of Finance Department vide I.D.No. FIN(EA) 140/13 dt.20.6.2013. C. Thatkunga, Secretary to the Govt. of Mizoram, Art & Culture Department.

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. 455 NOTIFICATIONNo.H.12017/55/2012-LJD, the 16th August, 2013.The following Act is hereby publis hed for gen- eral information. The Constitution (Ninety-Eighth Amendment) Act, 2012 Zahmingthanga Ralte, Deputy Secretary to the Govt. of Mizoram. THE CONSTITUTION (NINETY-EIGHTH AMENDMENT) ACT, 2012 AN ACT further to amend the Constitution of India. BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows :- 1. (1) This Act may be called the Constitution (Ninety-eighth Amendment) Act, 2012. (2) It shall come into force on such date as the Central Gov- ernment may, by notification in the Official Gazette, appoint. 2. After article 371-I of the Constitution, the following ar- ticle shall be inserted, namely:- “371J.(1) The President may, by order made with respect to the St ate of Kar nataka , provide for any special responsibilit y of the Governor for-Short title and commencement. Insertion of new article 371J. Special provi- sions with respect to State of Karnataka. (a) est ablishment of a separate development board for Hyderabad-Karnataka region with the provision that a report on the working of the board will be placed each year before the State Leg- islative Assembly; (b) equitable allocation of funds for development expendi- ture over the said region, subject to the requirements of the State as a whole; and (c) equitable opportunities and facilities for the people be- longing to the said region, in matters of public employment, educa- tion and vocational training, subject to the requirements of the State as a whole. (2) An order made under sub-clause(c) of clause (1) may provide for- (a) reservation of a proportion of seats in educational and vocational training institutions in the Hyderabad-Karnataka region for students who belong to that region by birth or by domicile; and (b) identification of posts or classes of posts under the State Government and in any body or organisation under the control of the State Government in the Hyderabad-Karnataka region and reser- vation of a proportion of such posts for persons who belong to that region by birth or by domicile and for appointment thereto by direct recruitment or by promotion or in any other manner as may be speci- fied in the order.”. Ex-455/20132 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500

AFFIDAVITI, Mr. Rokima Ralte son of Challianchhunga (L),aged about 46 years, residing at Republic Veng, Aizawl, Mizoram, do hereby solemnly affirm and say as under : 1.That I am bonafide citizen of India belonging to secheduled tribe community of Mizo. 2.That I am working asDriver in the Department of Mizoram Legislative Assembly Secretariat, Govt. of Mizoram. 3.That my name has been written and recorded as Rokima in my service book, whereas in my Voter ’s ID Card, Family Ration Card and other important documents my true and name has been written and recorded asRokima Ralte. 4.That the purpose of this affidavit is to correct my name asRokima Ralte which has been written asRokima in my service book. 5.That from now onward my name shall be written and recorded asRokima Ralte. 6.That the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therein. IN WITNESS WHEREOF I have hereunto subscribed my hand and put my signature on this 29th day of August, 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 5.9.2013 Bhadrapada 14, S.E. 1935, Issue No.477 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500Identified by : Sd/- (C. MALSAWMTLUANGA) Advocate Aizawl : MizoramSd/- DEPONENT Notarial Registration No. 37/8 Date. 29/8/13 Signed befor e me : Sd/- R. Thangkanglova Advocate & Notary Public Aizawl, Mizoram

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 5.9.2013 Bhadrapada 14, S.E. 1935, Issue No.478 THE MARA AUTONOMOUS DISTRICT COUNCIL (BUSINESS ADVISORY COMMITTEE) RULES, 2013 In exercise of the powers conferred by sub – rule (2) of rule 141 of the Mara Autonomous District Council (Constitution, Conduct of Business, etc.) Rules, 2002 and amended from time to time, the Cha irman of the Mara Autonomous District Council hereby makes the following rules to regulate the composition and functions of the Business Advisory Committee of the Mara Aut onomous District Council, namely:- “The Mara Autonomous Distr ict Council (Business Advisory Committee) Rules, 2013” Short title and1.(1)These rules may be called the Mara Autonomous commencement.District Council (Business Advisor y Committee) Rules, 2013. (2)They shall come into force on a nd from the da te of t heir publication in the Mizoram Gazette. Definitions.2.In t hese r ules, unless the context other wis e requir es:- (i)“Chairman” means the Chairman of the Mara Autonomous District Council. (ii)“Committee” means the Business Advisory Commit tee of the Mara Autonomous District Council nominated in accordance with the provisions of rule 141 of the Mara Autonomous District Council (Constitution, Conduct of Business, etc.) Rules, 2002. (iii)“Deputy Chairman” means the Deputy Chairman of the Mara Autonomous District Council. (iv)“Dis trict Council” means the Mara Autonomous Distr ict Council. (v)“House” means the House of the Mara Autonomous District Council. Ex-478/20132 (vi)“Secretary” means the Secretary to the District Council Secretaria t of the Mara Autonomous Distr ict Council. Constitution of the 3.(1)The Chairma n may, from time to time, nominate aCommittee. Committeecalled the Business Advisory Committee consisting of six members including the Chairman and the Depu ty Chair man. (2)The Chairma n shall be the Chairma n of the Commit tee. (3)The Secreta ry sha ll be t heex–officioSecr etary of the Commit tee. However, t he Secr etary s ha ll not be a member of the Commit tee. (4)The Commit tee nominated under sub–rule (1) above shall hold office for a period of one year from the date of its constitution. (5)If the Chairman is for any reason unable to preside over any meeting of t he Committee, the Deputy Chair man shall act as the Chair man for that meeting. (6)If the Chair man or the Depu ty Chair man, as the case may be, is for any reason, unable to preside over a ny meeting, the Committee shall choose any of the members of the Committee to act as Chairman of the Committee for that meeting. Sitting o f t he4.(1)The sitting of the Commit tee shall be held within the precinct of Committee.the House, and if necessity arises to change the place of sitting outside the House, the matter shall be referred to the Chairman who decision shall be final. (2)The sitting of the Committee shall be held on such date and at such hours as the Chairman may fix. Functions of the5.(1)It shall be the function of the Committee to recommend Committee.the time that should be alloca ted– (a)for the discussion of stage or stages of such official Bills and other business as the Chairma n, in consulta tion with the Leader of the House, may direct for being referred to the Committee; and (b)for the discussion of sta ge or stages of priva te members’ Bills and resolu tions. (2)The Committee shall have the power to indicate in the proposed allocation of time the different hours a t which the var ious stages of the Bill or other business shall be completed. (3)The Committee shall have such ot her funct ions as may be assigned to it by the Chairma n from time to time. Resignation.6.(1)A member ma y resign his seat from the Committee by writing under his hand addressed to the Chairman and his resignation is accepted by the Chair man, (2)The Chairman may remove a member of the Committee from his seat if he fa ils to perform his duty. Filling o f Casual7.Casual vaca ncies in the Committee shall be filled by the Chair man. vacancies. Quorum.8.The quorum of the Commit tee sha ll be four. Report of the9.The allocation of time in regard to the Bill or group of Billsor other Committee.businessas recommended by the Committee, shall be repor ted by the Secr etary to the House and circu lated to the members of the Commit tee. Allocation of time10.As s oon as may be after t he report has been ma de to t he House, a motion order.may be moved by the Deputy Chairman or in his a bsence by any other member of the Committee designated by the Chairma n:“that this House agrees with the allocation of time proposed by the Committee in regard to such and such Bill or Bills or other business, as the case may be,” and if such a motion is accepted by the House, it shall take effect as if it were a n Or der of the House. Provided that an amendment may be moved that the repor t be referred ba ck to the Committee either without limitation or with refer ence to any particular matter: Provided fu rther that not more than half–an–hour shall be allotted for the discussion of the motion and no member shall s peak for more than five minutes on such a motion. Disposal of11.At the appointed hour in accorda nce with the Allocation of Time Or der, outstanding mat ters.for the completion of a particular stage of a Bill, or other business, the Chairman sha ll forthwith put every question necessary to dispose of all the outstanding matters in connection with t ha t sta ge of the Bill or other business. Var iatio n in the12.No variation in the Allocation of Time Order shall be made except by the Allocation ofChairman, who may make such varia tion if he is satisfied after taking the Time Order.sense of the House that t here is a gener al agreement for such variation.Ex-478/2013 3 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500Chairman Mara Autonomous District Council Siaha, Mizoram.

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, Fr iday 4.10.2013 Asvina 12, S.E. 1935, Issue No.527 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500NOTIFICATIONNo.B.16012/4/2009-PLG(ICT) Pt-II, the 3rd October, 2013.The Governor of Mizoram is pleased to constitute State Level Project Management and Management of the eTAAL service with the following composition :- 1.Secretary, ICT-Chairman 2.Chief Informatics Officer, ICT-Member 3.Representative of the SeMT-Member 4.State Informatics Officer, NIC-Member Secreta ry Terms of reference :1.Identification of e-Services for inclusion in eTAAL as per criteria specified. 2.Formulation of policies regarding classification of e-Transactions e-Services. 3.Monitor reporting of transactions to eTAAL by various Departments. 4.Provide guidance to various stakeholders to smooth implementation. 5.Organise workshops, training and media awareness programme for promotion of eTAAL. C. Lalhmachhuana, Secretary to the Govt. of Mizoram, Deptt. of Information & Communication Technology.

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, Fr iday 4.10.2013 Asvina 12, S.E. 1935, Issue No.526 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500AFFIDAVITI, Mr. Zothantluanga S/o Pakunga (L),residing of Chaltlang North (Lily Veng), Aizawl Mizoram, do hereby solemnly affirm and say as under : 1.That I am bonafide citizen of India belonging to scheduled tribe community of Mizo. 2.That I am working asPeon under SE, Project Circle. PWD under the Supervision of E-in-C., PWD. 3.That I had written and recor ded my name as Zotluanga in my service book, which is incorrect. However, my true and correct name isZothantluanga 4.That the purpose of this affidavit is to correct my name as Zothantluanga which has been written as Zotluanga in the above said documents. 5.That from now onward my name shall be written and recorded asZothantluanga. 6.That the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therein. IN WIT NESS WHEREOF, I have here unto subscribed my hand and put my signature on this 20th day of August, 2013. Identified by me : Sd/- (LALBIAKTHUAMA) Advocate Tuikual North : AizawlDEPONENT Signed before me Sd/- R. Thangkanglova Advocate & Notary Public Aizawl, MizoramNotarial Registration No. 82/8 Date 20/8/13

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, Wednesday 9.10.2013 Asvina 17, S.E. 1935, Issue No. 536 (1)These rules may be called the Mizoram Inter-State Migrant Workmen (Regulation of Employment a nd Conditions of Service) (Amendment) Rules, 2013 (2)It shall come into force from the date of its publication in the Official Gazette. Sub-rule (1) of Rule 6 of the Principal Rules shall be substituted by the following, namely- “6. Amendment of certificate of registration. Where on receipt of the intimation referred to in sub-rule (3) of rule 4, the registering officer is satisfied that there has occurred a change in the particulars of the establishment, as entered in the register in Form-III, he shall amend the said register and record therein the change thus occurred; Provided that the registering officer shall not carry out any amend- ment in the register in For m-III unless the appropria te fees ha ve been deposited by the principal employer. The fee for amendment of certificate of registration shall be the same as the fee paid for the grant of Certificate.”NOTIFICATIONNo.B.14011/1/2007-L&E, the 7th October, 2013.In exercise of the powers conferred by section 35 of the Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 (Act No.30 of 1979), the Governor of Mizoram is pleased to amend the Mizoram Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Rules, 2005 (hereinafter referred to as the Principal Rules) as published in the Mizoram Gazette, Vol.XXXIV, Extra Ordinary Issue No.138 dated 16.06.2005, namely :- 1. Short title and commencement 2. Amendment of Rule 6 3. Amendment of Rule 12 Sub-rule (1) and (2) of Rule 12 of the Principal Rules shall be substituted by the following, namely- “12. Fees-(1) The fees to be paid for the grant of certificate for registra- tion of an establishment under section 4 shall be as specified below if the number of migrant workmen proposed to be employed in the establish- ment on any day- a)is not more than 20 workers- Rs. 500/- b)exceeds 20 but does not exceed 50- Rs. 750/- c)exceeds 50 but does not exceed 100- Rs. 1000/- d)exceeds 100 but does not exceed 200- Rs. 2000/- e)exceeds 200 but does not exceed 400- Rs. 5000/- f)exceeds 400- Rs. 7000/- (2)The fees to be paid for the grant of license under section 7 shall be as specified below if the number of migrant workmen recruited or employed by the Contractor on any day - a)is not more than 20 workers- Rs. 500/- b)exceeds 20 but does not exceed 50- Rs. 650/- c)exceeds 50 but does not exceed 100- Rs. 700/- d)exceeds 100 but does not exceed 200- Rs. 900/- e)exceeds 200 but does not exceed 400- Rs. 1500/- f)exceeds 400- Rs. 2000/-.” By order etc. Esther Lal Ruatkimi, Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Training Deptt. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500Ex-536/20132

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLI Aizawl, Tuesday 30.10.2012 Kartika 8, S.E. 1934, Issue No. 501 DEED OF CHANGING NAME BEFORE MAGISTRATE FIRSTCLASS/NOTARY PUBLIC AT AIZAWL ON AFFIDAVITBY, THIS DEED I, the undersigned R. Lalthlamuana previously called R. Malsawmliana S/o Chhiarpuitha nga (L), R/o Darla wn, Aizawl District, Mizora m, do her eby solemnly affir m and sta te a s follows :- 1.That I wholly renounce, relinquish and abandon the use of my former name of R. Malsawmliana as recorded in my service book/recor d and in place thereof do assume from the date hereof the name of R . Lalthlamuana s/o Chhiarpuithanga (L) and so tha t I, ma y hereafter be called, known and distinguished not by my former name of R. Malsawmliana but by my assume name of R. Lalthlamuana which is recorded in all my Educational Certificates and my Birth Certificate. 2.T ha t for the purpos e of evidencing such my det ermination I dec lare that I shall a t all times her ea fter in all records, deeds and writings and in all pr oceedings, dealings and transactions private as well as public and upon all occasions whatsoever use and sign the name of R. Lalthlamuana as my name in place of and in substitution for my former name of R. Ma lsawmliana. 3.Expr essly authorize and request all persons at all times her eafter to designate a nd addr ess me such assumed name of R. Lalthlamuana. IN WIT NESS WHEREOF I have here-unto subscribed my hand and sign this the 4th day of July, 2012. DEPONENT R. Lalthlamuana Identified by me :Signed before me :- Sd/-Sd/- Lalchhanliana Khiangte,R. Thangkanglova, ADVOCATEAdvocate & Notary Public Enrolment No. 1144 of 2010Aizawl, Mizoram. Aizawl, MizoramNotarial Registration No 9/7 Date 4.7.2012Published 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, Wednesday 9.10.2013 Asvina 17, S.E. 1935, Issue No.537 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-500NOTIFICATIONNo.G. 28014/55 (Infra)/2012/PLG(RDB), the 7th October, 2013.The Governor of Mizoram is pleased to constitute Task Force to review key infrastructure projects taken up by the Central Government in the State of Mizoram consisting of the following members : Chairman:Chief Secretary, Government of Mizoram. Member Secreta ry:Principal Adviser-cum-Additional Secretary, Planning & Programme Implementation Department Member: 1.Secretary, Power & Electricity Department, Government of Mizoram. 2.Secretary, Public Health Engineering Department, Government of Mizoram. 3.Secretary, Public Works Department, Government of Mizoram. 4.Secretary, Urban Development & Poverty Alleviation Department, Government of Mizoram. 5.Representative of Ministry of Power, Government of India. 6.Representative of Ministry of Water Resources, Government of India. 7.Representative of Ministry of Drinking Water & Sanitation, Government of India. 8.Representative of Ministry of Road Transport & Highways, Government of India. 9.Representative of Ministry of Urban Development, Government of India. 10.Representative of Ministry of Development of North East Region. Terms of Reference:A . The Task Force will identify and review problems/bottlenecks and progress on key infrastructure projects taken up in the State of Mizoram by various Ministries of the Government of India. B. It will suggest measures to tackle the problems so identified. C. It will ensure that corrective action is taken for completion of projects in time. D . It will give special emphasis to infrastructure projects monitored by the Delivery Monitoring Unit of PMO viz.(i) Kaladan Multi Modal Transport Project, and (ii) Upgradation of NH-54. E. It will coordinate between the concerned Central Ministries and State Departments to smooth out codal formalities for expeditious release of fund and execution of work. F.It will submit its report on the findings and action taken to the Ministry of DoNER. L.Tochhong, Chief Secretary to the Govt. of Mizoram.

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 10.10.2013 Asvina 18, S.E. 1935, Issue No. 542 NOTIFICATIONNo.A.12018/66/2009-P&AR (GSW), the 8th October, 2013.In exer cise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Mizoram is pleased to make the following rules regulating the method of recruitment to the posts(s) of Superintendent under Home (Sainik Welfare & Resettlement) Department, of Mizor am, na mely: (1)These rules may be called the Mizor am Home (Sainik Welfare & Re- settlement) Department (Group ‘A’ posts) Reruitment Rules, 2013. (2)They shall come into force from the date of their publication in the Offi- cia l Gazette. These rules shall apply to the posts specified in column 1 of the Annexure annexure to these rules. The number of the said posts(s), their classification Pay Band and Grade pay/pay scale attached thereto shall be as specified in columns 2 to 4 of the said Annexure-1. The method of recruitment to the said posts, age limit, qualification and other matters relating thereto shall be as specified in columns 5 to 14 of the aforesaid Annexure-1. Provided that the upper age limit prescribed for direct recruit- ment may be relaxed in the case of candidates belonging to the Sched- uled castes/the Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government or the Government of Mizoram, as the case may be from time to time. No person- (a ) who has entered into or contracted a marriage with a person having a spouse living; or (b) who, having a spouse living, has entered into or contracted a mar- riage with any person, shall be eligible for appointment to the said posts(s); 1. Short title and commencement- 2. Application- 3. Number of posts classification, pay band and grade Pay/pay scale- 5. Disqualification- 4. Method of recruitment, age limit, qualifica- tions, etc. Ex-542/20132 Provided that the Governor may, if stisfied 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 rule. Every Goverment servant recruited under these rules shall undergo such training or pass such Departmental Examination (s) as may be prescribed fr om time to time. Notwithstanding anything contained in these rules, the Governor of Mizoram, in public interest, shall have power to transfer any officer(s) so recruited under these rules to any other post or position which is equivalent in rank or grade. 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 con- sultation with the Mizoram Public Service Commission through the Depart- ment of Personnel & Administrative Reforms, relax any of the provisions of these rules with respect to any class or category of persons. Nothing in these rules shall affect reservation relaxation of age limit and other concessions requ ir ed to be provided for the Schedu led Ca ste/the Scheduled Tr ibes and other special categories of persons in accordance with the orders issued by the Central Government or the Government of Mizoram from time to time in this regard. All rules pertaining to these posts framed by the Government of Mizoram issued under No.A.12018/15/80-APT(B) dt.26.4.1989 notified in the Mizoram Gazette Issue No.36 “A” dt.26.4.1989 shall stand repealed from the commencement of these rules. Provided that any order made or anything done or any a ction taken under the rules so repealed or under any general orders ancillary thereto, shall be deemed to have been made, done or taken under the cor- responding provisions of these rules. C. Zothankhumi, Addl. Secretary to the Govt. of Mizoram, Department of Personnel & Administrative Reforms. 6. Training and Departmental Examination- 7. Powers to transfer- 8. Power to relax- 9. Reservation and oth er con cessions- 10. Repeal and Savings Ex-542/2013 3 ANNEXURE-1 (SeeRule2,3and 4 RECRUITM ENT RULES FOR THE POST OF SUPERINTENDENT IN THE DEPARTM ENT OF HOM E (SAINIK W ELFARE & RESETTLEM ENT) Name of post No.ofpost Classification Pay Band and Grade Pay/ Pay Scale W hether Selec- tion postor Non-Selection post W hether benefitof added years ofservice admissible underrules 30 ofthe CCS (Pen- sion)Rules, 1972 Agelimitfor directre- cruits Educationaland otherqualifica- tions required fordirectre- cruits Superinten- dent 1(one)postor as sanctioned bytheGovern- mentfrom time totime GeneralState Service (Group‘A’post) (Ministerial) PB -3 ^.15600-39100/-+ Gradepay^5400/- Selection Notapplicable Notapplicable. Notapplicable. 1 2 3 4 5 6 7 8 W hetherage and educationalqualifi- cations prescribed fordirectrecruits willapply in the case ofpromotees Period of probation, ifany M ethod ofrecruit- mentwhetherby directrecruitment orby promotion orby deputation/ transferand percen- tage ofpoststo be filled by various methods In case ofrecruitment by promotion/transfer/ deputation,grades from which promotion/ deputation/transferis to be made Ifa DPC exists,whatisits composition? Circumstances in which M PSC isto be consulted in making recruitment. Notapplicable Mizoram PublicServiceCommission AsperMizoram Public ServiceCommission LimitationofFunctions (Regulations)1994as amendedfrom timeto time 9 10 11 12 13 14 100% Promotion Ex-542/2013 4 Promotionfrom assistant/ HeadAssistantunderSainik welfare&ResettlementDe- partmentwithnotlessthat 5yearsregularserviceinthe grade Notappli- cable PublishedandIssuedbytheController,Printing&Stationery,Mizoram PrintedattheMizoramGovernmentPress,AizawlC-500