1948 - Ministry of Law and Justice

~ .-. .-174RT TITLTS OF ACTS PASSED BY THE CENTRAL I$X:IYI,ATlfRE'CHE YEAR 1948.IN-. ~I. The Federa.1 Court (lSnla,rgement of Jurisdiction) :Act, 1947.11:. The R,epertlitlg and amending Act, 1947.-- 111. The. Arrnetf Forces (Specinl Powers) Act, ~047,IT. The Armed Porces (Emergency Iluties) .4ct, 1$)47.1:. The Indian Tariff (Second Amendment) Act, 1947.VI. The Code of Civil Procedure (Amendment) Act, 1948. --VI1. The Cottoil Textiles Cess Act, 1948.TTITI. The l>h:trrnacy Act, 1948.IX. The Dock VCTorkerv (Regnlstion of Elnployment) Act; 1948.X. The Insurance (Amendment) Act, 1948.XI. The Minimum Wages Act, 1948.XII. The HRhabilit.ation Fina~~ce Ad~nioiutrhtio L Act,, 19-13,XIII. The! Railways (Transport of Goods) (Amendment) Act, 1048.XIV. The Dan~oda. Valley Corporation Act; 1918.Xy. The Indu~t~rial Piniance corpora.tion Act, 1948.SVI. The Dentist8s Act, 1948.XVII. The Indian Army and the Indian Air Force (hnlendrnent) Aat, 1948.XVIII. The Protective Duties continuanc~ Act, 1948.SIX. The Indian Tea Control (Amendmeilt) Act, 1948.XX. The Indian Finance Aat, 1948.XXI. The Iqdian Railways (Amendment) Act, 1948.. ..XXII, The h ~di~n Power Alcohol Act, 1948.XXIII. The Taxation on Income (Investig&tion Cornmiskion) (A~iq$?ent. ..;. . . .Act, 1948.XXIV. The Indian Aircraft (Amendment) Act, 1948. ' ,.XXV. The Proviricial Insolvency (Amendment) Act, I 9.1-8.XXVI. The Junagadh Ad~~inistration (Property) 'Act., 1948.. SXVII. The Control of Shipping (Amendment) Act, 1946.1 ~~1~111. The Delhi and Ajrnkr-Xerwara Rent Control (Arnendmept).Act, 1.948.gkd XXIX. The Atornic Energy Act, 1648.XXX. The lndia~l Lac Cess (-4tlle:1dtnont) Act!, 1918.XXXI. The Kational Ca,det Corps Acta,:,194S..' XX,$;II. The R.oacl '~r.a.~sl)or~t Corporntior~s Act,, l94S.$I:., ~ < . ~ ~ 'Yil~ ~ ~ ](l;i~ic;~~i.t.;i . , . 1f;ort: (I:'il>L~.gc).A(:i,: ~$~..lSaj::-*.,.b - SS~TV: . . 'Ill16 Xmpioyeei;' St,ai,e .Ir~si~ra;?cc: Act, 1!145.,:* p. '.,> : .... >:;X..T;?. ?ll;o Gmldhi Xat:iq!l::1'-&1:~;i110ri:11 k'uild :IIor,ntio:ls (Colnl,a,nies) ~ ;t: 1946~"+..%, u.:XXX17.J. 'The f3o;xilj~~-,. C&Lcutt.a. annd hl:ici~.:ts !.'Q?L. 7'1~11~1.~~ (COIE: it :! tio!~) (A.T~CII,IJ3i ! ~~ i .' .G.:' C :!! r \: '-~n t. j A c$, '.;',194~,, .,,:-->.:.:. . ..- :L,,:, ::,~~:~3>;.~:~q~.. . r;.,!.;o [~c.,,Q,,~$.~~~c1:,;.q~]

XXXVIII. The Continuance pf Legal Proceedings Act, 1948.iXXXIX. The Indian ~e~istrktion (Amendment) Act,. 1948.XL. The Indian l\lntrin~onial Cansea (War Marriages ) Act, 1948.i *. ,$ 9XLI. The Di~don~atic and Consular Officers (Oa,ths and Fees) Act, 1948, ; ...%\.!XLII. The Indian Mercllant Shipping (Amendment) Act, 1948.XLIII. The Indian (dmenclment) Act, 1948. \ it;XLIV. The Durgah Khawaja Saheb (Amendment) Act, 1948. :. 3 IXLV. The Indian Telegraph (8mc.ndment) Act, 1948.' XLVI. TI:? Coal SIines .Frovidellt Fund and Bonus Schemes Act, 1948.1 1 : , i Persons (Institution of Suits) Act, 1948.XLVIII. The Income-tax and Bi.lsiness Profits Tax (Amendment) Act, 1948.XLIS. Tila Taxation on Income (Investigation Commission) (Second Amend- 1-nlent) Act, 1.948. If\ 1L. Tlle Ca,iltonlnents (Ainendillent) Act, 1948.k;LI. The Imperial Librr,l.y (Change of Name) Act, 1948. ,LII. The Bombay F~.t'olic Security Mea.sures (Delhi Amendment) Act, 1948.I.LIII. The Mine3 and.Iliaerals (R,egulation and IEvelopment) Act, 1948. f:\;LIT7. The Electricity (Supply) Act, 1948.LV. ~ h Indim e Income-tax (Amendment) 1948.LYI. The Te ri"cor.ia! Army Act;, 1948.LI'II. The Indian Kavj- ((Discipiinej Amendment Act, 1948.LVIII. The Excha.nge cf Prisoners Act,, 1948.LIS. The India11 Cotton Cess (Amendment) Act, 1948.: LX. The lieaettk~~en~~ of Displadeci Persons (Land Acquisit-ior, ) Act, 1948..LXI. .Tile Central Silk Board Act, 194s.;*, '$#-. i.I7LXII. The Reserve ~akli (Transfer to Public Obvnership) Act, 1948.,.. .I ",LXIII. The Factories. Act,, 1946.:$ : c'LXIV The &ssel~t.ial Supplies (Tenrpornry Powcrs) (Amendment) Act, 1948.$LXV. Tlio Sndiac Railimys (Sc~oild l.i~lendment) Act, 1948. .i. i 5.LXVI. 'The Dclhi ~ ~ Ajiner-I~ler~varan dLand Development Act, 1948: - .t., \, ! I. '.'1: :T,XVTI. The Indian Taxiff jrlrncndment) Act, 1948. 4.f' c .!, 1., ,c. 'i :. . 1 i'

,(Heoe~vcd lira osscat of tl\e Governor Gercrul on tile 5th Jai~uury 199411)k b Act to provide for the e&glargsmenl of the appellate jurisdictiik of theBederali~Court in civil cases.W YPBXAb it is expedient\ io provide for the enlargement of tho appellatejurisdiction of the Federa8 C~urt in civil cases ;It is hereby enacted as foll02~s :-I. shirt title and mmme~lce$ent.-(1) This Act may be called the FederalCourt (Enl.a~:gement of Jurisdictiqn) Act,, 1947.(2j It shall come into force 04 the first day of February, 1945, which dllyis herei,uar"ter referred to as "the ppointed da.y".B.2. Definitio~.-ln this ~ct,- \(a) "High Court" means ' ny High Court to which ti&..yiovisions of'1.(.:hupter II of Psri 1): of the 8overnment of India Aot, B~&$?@@J;jb) "judgrnt-lit t,o which \his Act applies" means auy "!-&glgrnent,decree 01 fifinal order of a IXigh\Court in a civil chse from which'-& direcbappeal could have bee11 brought to His Majesty in Council, either with orwithout special leavd, if this AC~ had not been passed.3. Enlarg@ept of the Zedera1 cburVs. jurisdiction.-As fro& .$he appoint-- ,ed day,-(a) an appeal shall lie @ t$e ~edera.1 Court from any judgment towhich thib Act applies- \(Q without; ,$he special ie&e of the E'ederai Court, if an n.ppea1could have been brought to is Majesby in Council without specialleave undei the provisions of $e Code of Civil Procecl~~re, 1908, or of 1any other law in forcebefore the a.ppoiuted day, and(ii) with the spccia,l ieave the Federal Court in any ohher oase;(b) il: any such appeal as it shall be competent for'the FederafCourt to considel. any question of tqe nature mentioned in sub-section (I),of section of the Government of ;z,ndia Act, 1935; and(6) ~~u'-rlirt.ul appeal shall lie to $Cis Majesty i11 Council,. either with 'or without special leave, from any sQoh judgment.-4; CJ~ntiiuance sf certain proceedings an High C0u.rts.-All procsedingstuld steps tale11 iu, aild orders made a.i!d, certificates granted b

kJ6. Modification of existing laws.--The provisions of $he Code of CivilProcednre, 1906, arlcl of ally other la,^ $1 force immediately beyor? the appoint,.ed day re1:lting to clhect appeals ill civil: cases to His Xajesty in Council shall..,as Yrojn hhat da3, ha,ve eiYect in relagon to any appeal from a judgnlent towhich this Act :rp]:i.ies as if in the a,id provisions, for all referehces to HisXajesty in Conncil, there had been substituted references to the FederalCourt.7. Savings.--?'he precediilg pro\isions of this Act shall not apply to anyappeal-(a) wL~.cll il-n~uediately befors . the appointed day is pending beforeHIS Majesiy in Council, if t:he recorcls pertaining to such appeal havebefore t.hat dcly been transnlitted by the High Gourt collcerlled to HisMajesty in Coullcil; orG-i fE(b) to the hringing of whiah to His Majesty in (:ouncll special lcavuhas hcen grallted before t&& appointed day;and :1i1~- sucll apl~eal ma: be $isposed of bx His Majesty in Council as if thia --Act had not boen passed.i8. Ragistrar's certificate &I be conclusive as to fact of transmission oTrecords.-If any question #ises under section 4 or section 7 whether thc.records pt~~t~ni~i~lg to an agipoal have before the appointed day been trausmihtedhp xhhe HI$; Court.'concenled to His Majesty in Coui~cil a ceitificnteof the Itegistrar ,of the High Court that they 11m~6 been t>rausmitted ar nottransmitted before the agpniidecl clay shall be coi~clusive evidence on thequestion.I

Act ho. I1 ot 1948[PASSED BY '- DO~ION LE&ATWRE](Beceivecl the assent of the povernor General on the 5th January 1948)An Act to repe4l or amend certain enactments.HEREAS it is eqedient 'that the enactments specified in tho Schedulewhich ore spent or have otherwise ,hecome unnecessary, or have ceased tobe in force otherwise than by expressed spec'fic repeal, should be expressly andpeoeScally repealed ;AND ~ E ~ ~ Eit is A expedient'6at. Scertain formal ~lnend~nents ~hoi~ld be nladkin the Indian Income-tax Act, 1922- (XI of 1922)It is hereby enacted as follows :-1. Short title.--Tliis Act may be called the Repealing and Amending Act, 1.9472. Repeal of certain enactments.-The enactments specified in the Scheduleare hereby repealed to the extent meqtioned in the fourth colulnn thereof.3. Savings.-The repeal by this Act of any enactment shall not affect anyothcr enactment in whioh such enact.medt has been applied, iricorpo~ated or referredto;and this Act shall not effect the velidity, invalidity, effect or consequences .ofanything already done or. suffered or any right, titlc, obligation or liability acquired,acnied ' orincurred, or any remedy or pioceeding in respect thereof, or any releaseor discharge of or froni any debt, pensby, obligatio~i, liability, claim or denmndor any indemnity &heady granted, or the $roof of any past act or thii ;nor shall this Act affect. any principle br rule of law, or established jurisdiction,form or course of pleading, practice or p'xocedure, or existing usage, custom, privilege,restriction, exemption, &ce or ap$ointrnent, notwithstanding that theyrespectively may have been .in any manner affirmed, recopised or derived by, inor from any emutment hereby ropeald ; :,nor shai the repeal by this Act of any e&ctment revive or restore any j=%-diotion, o%oe, eustom, liability, right, title, p4vilege, restriction, exemption, usage,praptice, procedure or other matter or thing no\ now existing or in force,or any provisionof the Letters Patent of any High Coqt which under any such enactmnt.oeased to have effect. '4. Amendment of seotion 10 of Act XI o\ 1922.-.~nsecti~n 10 of the MianInoome-tax Aot, 1022,-(a) in clause (b) of the proviso to clause (ui)&f sub-section (2) for the words,brackets and letter "clause (a) of" the words, bra$kets and letter "clanso (b) of"shall bci substituted ; and ++. ^*(b) in sub-soct,ion (4) for the word, brackets a;? figure "clause (zii)", whereverthey occur, tho word, br&&ets and figme "clauso (3;~)" shall be substituted,1XE SCREDTJrAE .:.(See section 2)Ads of the Indinn Legislflluri

Repealing and Amending1939 X X ~ , The Defence of India Act, 1939\'She whole1940 III \ 'She Royal Indian Navy (Extension of Ser- The whole\, vice) Act, 19401940 W The Reserve Bank of India (Closing of Annual The whole\ Accounts) Act, 19401940 XXXW bhe TTnr Donations and Investments (Com- The whole!,panics) Act, 19401942 I he Workmen's Compensation (Amendment) The wholeAct, 19421942 I1 Thd\~ndian Merchant Shipp~ng (Amendment) The wholeAct, 19421942 m The lipdus Vessels (Amendment) Act, 1942 The whole194% IV The %dim Medical Council (Amendment) The wholeAct, 19421942 V The InGan Boilerg (Amendment) Act, 1942 The whole1942 PII The @ff+ Market Expansion Act, 1942 Section 501942 VIII The Indim Penal Code (Amendment) Act, The whole1942 :1942 IX The ~ottoa Ginning and Pressing Factories The whole(Amendment) Act, 19421942 XI Tho Protect&e Duties Continuation Act, The wholo1942942 XV The anto on merits (Amendment) ~:t, 1942 'She whole1942 XVI The Indian Limitation (Amendment) Act, The whole1942IQ@. XvlI The Indian Companies (Amendment) Act, The whole19421942 XX The Motor ~eh'icles (Amendment) Act, The whole19421942 XXI1942 XXIJ1942 XXIT'942 XXVTho' Indian Compnniea (Second Amendn~enb) The wholeAct, 1842The Indian Rubber Control (Temporary The wholeAmefidment > Act 1941:The Code of Civil Procedure (Amendment) The wholeAct, 1942Tl~e cod^: of Civil Procedvre (Seconcl Amend- The wholemeat) Act, 1942The Repeeling and Amending Act, 1942The Motor1943Tho wholeAct, The wholo

Repealing ut~d Amending\Acts of the Central Leginloture-contd.1943 VI Penal Code (Amendment) Act, The whole1943 VII1943 XI11943 XV1943 XVII1943 XVIII The Mines batemity Benefit (Alnendment) The wholeAct, 1943 '31943 XIX The Motor ~&ucles (Drivers) Amendment The wholeAct, 1943 \1943 XX The ~~ricultura\i Pioduce (Grading and Mar- The wholeking) Amend 'ent Act, 1943T1943 XXI The Indian Arm and Indian Air Force Thq whole(Amendment) &t. 19411943 XXII ?'he Reciprocity khendment) Act; 1943 The whole1943 XXIV The Delhi Univers ty (Amendment) Act, The whole1943 \1943 XXV The Victoria Mmor 1 (Amenhent) Act, The whole1943 k1943 XXVI The Criminal ~rocedh (Amendment) Act, The whole19431043 XXVII The Code of Criminal $ooedure (Amend- The wholement) Act, 1943 t1943 XXVIII The Code of Criminal ~rdpedure (Second The whole- *_Amendment) Act. 1943 \1043 XXIX The Indian Tea Control (86pnd Amend- The wholemen&) Act, 194319%3 XXX The Indian Compbnies Act,, The whole19431048 1 The Central Exciso and Srtlt ~ct),l944 Sectiou 39 and !\ tho Tllird Sche-\, dule.1944 VI1944 VII1944 VIlI1944 TSThe Coffee Market Expansion (qond ) The wirolcAct, 1944\The Coal Mines Safety (Stowing) i.iend- Tho whole1~nont Act, 1944'IThe Indian Companios (~mendmel;bS Act, The whole 41944 1The Indian Aiycra4 (Ainei~dhnant~) \A&, The \vl~olo1944iThe Transfer of Prope~ty (hnonclmel~t) rivt, 'Vlio wl~~le1944Tho Insurance (Aulendn?ent8) Act, 191.1 : The whole iThe C~~ntonments (Amendment) Act, 18-?41: Tho v-liolo4 i, J. , lio I,iiiir71i ~~~).(;l:~~~~~g1~~~6~~;~~.I~?,,~1~>11~1:~~~,~tj . ..~~~+.-~$,bj~-------..--.-.--.Act, iU4g, 3< iz . . -.

1944 -1 The Protective Duties Continuation Aot, The whole19441944 XV The Indian Patents and Designs (Tempo- The wholerary Amendment) Act, 19441944 XVI The Coffee Market ExpansionAmendment) Act, 1944(Second The whole1944 XVfI The Delhi Joint Water and Sew-e(Amendment) Aot, 1944Board The whole1945 I ' The Tndian Tea Control (Amendment) Act, The whole19461946 I1'The Code of (Mminal Procedurement)Act,1946(Amend- !he wholePI1946 IV The Indian Companies (Amendment) Acf, The whole1945 \1946 V .p Indian Srerchandise Marks (Amend- The wholement) Supplementary Act, 19461948 VI 4 e Repealing and Amending Aot, 1945 The whole1946 W , The Indian Army (Amendment) Act, 1946 The whole1946 VIII - ~d 1ndie.n Air Force (Amendment) Aot, The wholelZ6'1946 IX The !$dim Pntonbs and Designs (Amend- The wholemerit) Act, 19481946 X The ~ b e Mateternity s Benefit (Amendment) The wholeAot, 1?461946 XI The ~lig rh Muslim Universityment) 406, 1948.(Amend. The whole\--Ordinceea'bnade by she Qovcnoor General1940 n The ~atidnak Service (Technical) Personnel The whole .IOrdinance, k9401940 VIII The Civic ~uakds Ordinance, 1940 The whole1942 X The Civil pione& Foroe Ordinance, 1942 The whole1942 XHI The Women9a ~bxiliary Corp~ Ordinance, The whole1942i '1943 Xv The Prisoners (hpendment) Ordinance, Tho whole I19421942 XXII The Deputy ~omm&nder-in-chief . (Powers) The wholeOrdinance, 1942 5,194% XXXIPI The Civil Services (~nditions of Sewice) The .whola -Ordinance, 1942't1942 m3: The Railways (Empl~yment of Milit.ary The wholePersonnel) Ordinance,j19421942 LVI The Aliied Forces ~rdin~nce, 1942 The. who161942 LVII. The Allied Forces (United t gtates of America) The whole'Ordinanoe, 1942.I942 LXIl The Indinn Legislatx~re (~ri,vent.io~~ of Die The wholequalification) Ordinance; 19421843 I The Enemy Agents Ordinnn'?e, 1943 The wholo1943 VI The Indinn Stnndard Time flnterpretationof References) Ordinance, 194%5TKe whole1613' XIIX The Essential Servicee (~ele~h&~e ~ m ~ l The o ~ ~liole -'.eesl QrrJi-ance. 1944-..- - .i_" ---.-.-_.--.- > .---.-..l--^__.i..---p-----.--..--------.. .IE'1:3 XVTP T!,n Xoyf.1 Tnc1ip.n Kavy (f:'owe&, ol' Ckj:ii; 'I'Jre wholaOr.din.i:!l-e ]94..:;1'22.2 >:.x:. .L -' 7 ,~ > Lt..,!.. . . ~ < ~ ~~>~< . t

,- ,;g;.. >:>:, i. i ,T?'.LY43 XXIV1943 XXVILI1943 XXXI1943 XXXIII1943 XLI1944 1st1944 XX1944 XXXI1944 XXXV1944 L\ Ordinances made by the ffovernor ~m%e?al--contd.\'%e Disclpllnc of Seainen Ordinance, 1943 The wllol~Local The wholeaxation) Ordinance, 1943) Or- The whole(Unlawful Possession) The wholetThe Ef arding and Profiteering Preventioll The whole~rdingnce, 1943The Sug'hr (Temporary Excise Duty) Ordi. The wholename,;% 1943The Milidary Safety (Powers of Detention) The wholo~rdinahe, 1944\The Servidp in Ships (Requisition) Ordinnuce, The whole1944 ,The 1ndiad ~rmy (Second Amendmeht) Or. 80 much as isdinwoe, f 944riot repealedThe ~efencd, of India, (Second Amendment) The wholeOrdinance,\l944The Sugar (~$mpornry Gxcisr Duty) Ordi- The wholenance, 1944\of Dismantling) The whole1945 1111945 ITf1945 VIIf1946 IX1946 XI1945 XI11945 XIV19.45 XVI1945The Delhi Rent Cobtrol (Amendment) Ordi- The wholenanoe, 1945 \The Military safety\ (Powers of Detention) The wholeAmenalmeirt Ordin)t.nce, 1946The Raaentinl Serx7ic' 8 (Uibfu Sadiya and The wholeColliery Branch &ailways) Ordinance,,- 1945The Indian Inc~me-ta~~ (Amendment) Or- ?he wholedinsnce, 1945(Temporay Vn- Themendinellt) Am. Tlle wholeThe Criminal Law (1944 merldment) Axn. The t ~hol~ending Ordinance, 10454The Income-tax and Excess \ Profits Tax 'rhe mIlole(Validity of Notices) ~bendment Ordinance,1945The &lines (Amendment) Glrdiuance, 1946 Thc wholeThe Explosives (~mencl~ne~~t~) Ordinuncc, The \vtlolo1945 1-The Excess Profits Tax (ti1nelif1*~lent) Ordi? The wllolennnce, 1945!'l'he Rcfugoa Gtirnps O~C~~~IIIIICC, @I45 ,. I 1:c \vl,uJe'I'hc C~ilnil~iil J,:i\?- (1(i43 Anlciltll' ol~t. Sccor~tf 'I'llc xc-]tdlnAnlol~ding 01-cl i 119 :'co, 19..:5 '? )\'l'l~c Defollcc. of'l.~~(iii~ (A~no~~cl~~lont)'OrtIj~~~t~~c~~,. !l:iio l,-],~,~c?1945 i

\ hapaairfig and Anlending -' [AOT ~i OB 1946or% rnances made by the Goernor Uenerodconcld.1946 XXXV (Third Amendment) Or- The whole1945 XXXVI The med Forces (Special Powers) Amend- The wholement 4 Ordinance, 19461945 XXXVII The In ian Ariny (Amendment) Ordinance, The whole1945 4I926 XXXIX The Bills Ordinance, 1945 The wholeri[fPOrdinrtnoe, 1946The wholeOrdinance, 1945 !1946 XLVIIf The Indian Army (~eiond ~mendment (Ordi- The wholenance, 1046',1946 XI The Defence of Indial, (Amendment,(Ordi- The wholenanoe 1946 i1946 XI1 The Defence of India (qwond Amendment) The wholeOrdinanoe, 1046 \ t\E \%Ih: i'

An Act to ellable certain apecia powers to be conferred upoh officem ofthe armed forces in disturbed areae.HEREAS it is expedient to enable certain special powers to be conferredW upon officers of the armed forces in distwbed areas,It is hereby enacted as follows :-I. Short title, extent aIld duration.-(1) This Ac@ may be called the kmedEoroes (Special Powers) Act, 1947.(2) It extends lo dhhe a of India&weas--(3) Ilj shall rema.in in force only for a period of one year: ,Provided that the Central Governinent may, by noLificationLPin the officialGazette,' direct tha,t it shall remain in force for a turther period riot exceedingone year.2. Speciah powers of officers of Miliaabry or air forces.--Any commissionedoficer, warrant ogcer or non-commissioned oacc;. of His Majesty's rnilitma,rgor air forces max, in any area in -respect of which a proclamation under subsection,(I) of section 15 of the Police Act, 1861 (V of 1861) is for the timebeing in force*-or which is for the time being by any form of words declaredby the =l Government under any other law to be a disturbed or dangerousarea,- .(a) if in his opinion it! is necessary so to do for the maintenanoe ofpublic order, after giving such warning, if a.ny, as he may - oonsidarnecessary, fire upon or otherwise use force, even to the cltusing of. death,:against any person who is acting in oontravention of aay law or order forthe -ke being in force in the said area prohibiting the assembly of fiveor more persons or the oarryinpof weapons or of things capable of beingused fls weapons;(b) arrest without warra.nt any person who has committed a cognizableoffence, or against whom a reasonable suspicion exists .that he hascowited or is about: to commit a cognizable offence,;(c) enter and seasoh, without warrant, any premises to make any .'such arresb as aforesaid, or to recover any person believed to be wrongfullyrestraiiled or conked, 'or any property reasonably suspected to be stolenproperty, or any arms believed to be unlawfully kepti, in such premises.8. Protection of persons scting under this Act.--No prosecution, suit or. other legd proceedings shall 'be instituted, exdept with the previous sanctionof the Central Government, against any person in respecb of anything doncor purporting to be dose in exercise of the powers confei-red by section 2.4. Repeal of cerkia Ordinances.-The Benga,l Disturbed Areas (Specia,lPoweirs of Armed Forces) Ordina.rlr?e, 1947 (TI of ?84'7j, the Assam DisturbedArea,s (Specinl Powers of Armed Forces) Ordinance, 1947 (XIV of 1947), theEast Punjab md Delhi Disturbed Areas (Special Powers of Armed Forces) .,Ordinaace, 1947 (XVII of 1947) a.~d the United I'rovinces Disturbed Areas -.(Special Powers of Armed Forces) Ordinnnce, 1947 (XXII of 1947), are herebyrepealed.5. Effect of expiry of Act.-On the expiry of this Act section 6 of thc Gonerii.lclauses Act,, 189'7 (X of 1803, shall apply :I. if this iic$ %henrepealed by s Central Xct. 1GIPJ"I.--Bi-- 102r",-.p,f 0: : aw 22.4-49--.4,600I.1iIiI.:iPrice n?ill.ci 1 c;i. 16'2. 1Bi

Gp. $A&~s~/?S@.Duties) Act, 1947OMLNI~N LEGISLATUREJ,or General on the 5th January 1048ces (Emergency Duties) Act, 1947.end the Armed Forces (Emergeof 1947), for hhe purposes hereinafter appearinAct may be called the Armed Forcee (Emergof 1947.-In saction 1 of thereinafter referred to as the riation (2) shall be orrittcd.-

No. V of 1948W(Recsiusd tho Jur~uay 1948)12. Amendment of &st ~chebule, Act XXXg of 1984.-(1) In the Fir$ .Schedule to the Indian ~ariffAct,, 1934,-ISquwhes, Cordials

;8i-Indian Tarifl (Second AnzendmeniY(g) ID Item NO 30(10), in the s mn, afkr tge word "paper"the words "when "lporbed ag stores apa ohinel.y" shall be inserted;(h) $feF~tem 71 (7), the fo!lowi 11 be inserted, na,m@y:--[ACT v OP lad4'71(8) U R I N D I N G . . Decbber,.WHEELS AND 31st, 1950";BEGMENTS.. .(2) The rdditional 'ties of customs referred to in section 4 of the IndianFinance A::t, 1047 2 3 f 1947), shall not be levied or collected on the 3oodsoomprised in ItemkNos. 8(2), 8(3), 20(1), 20(3), 20(4) and 71(8) of the aforesaid8chedule. - r*-

-An Act further to a the Code of Civil Procedure, 1908.(PuDliahed irr the ,G,izette Extraordirzary, Part IV, dated the 2191HEREAS it isto amend the Code of Civil Procedure." W 1908 (Act V of hereinafter appearing:.)Jt is hereby enacted as1. Short title.--This Act may th~. Code of Civil Procedure (Amend-- ment) Act, 1948.2. Amendment of Section of 1908.-In Section 80 of the Codeof Civil Procedure, 1908,-(i) in clause (a), after theGovernment' the following wordsshall be inserted, namely :-'exoept where it relates to a r$wagJ;(ii) after clause (a), the following new'(aa) in the case of a suitrelates to a railway, the General(aa) shall be inserted, namely:-where it

Act No, V'II-[~'ASSEI~ BY THE DOMINION LEGISLATURZ]An Act to impose a cess--y(I;'eceiuad the assent of the.Ooverno~ Oene~al on the 1st Ma~oh 1940),/HEREAS it is expediegt to impose a ccss o 1 1 A WIt is hereby enacted as follows:-1. Short title, extent and commencement.-(1) This Act mby be called thehx-%,n Textiles Ceee Act, 1948.4 959) It extends to +&&he & of India&-t -(9) It shall be deem~d to have come into force on the 31st day of December1947.2. Deftnltion8.--1n tbis Act, unlees there is anything repugnant in the mbjeotor context,-(a) "cloth" and "yarn" mean respectively the ci~th and yarn of whichprices fixed by any order made under Section 3 or continued bySection 17 of the Essential Supplies (Temporsry Powarsj Act,3948, were .in force Immediately before the commencement of thisAct; 3(b) "producer" means a person engaged in the production of cloth oryarn or both by power as defined in clause (f) of Section 2,of theFactories Act, 1934 (XXV of 1934). . - I3. Levy of C-.-The Central Government may, by notification in the officialofizett+ levy on ally cloth or yarn held in stock by a producer or a wholesaledealer on such date as the Central Government may fix in this beh~lf a cess atcllch rate as may be specified in the notification.,4. Effect on Contracts.--Where before the date mentioned in Section 3 aproducer or wholesale dealer has made a contract of sale in respect of m y clothrl. yarn on which a cess is levied under that section, it shall be lawful for him:c, u1iarg.e the amount of the cess to the buyer in addition to the contract price.5. Payment of glesS.-The cess shall be paid by the producer r?r thc wt~In-~nle dea!er 2s the case mag be to such authority within such time nnr1 in suchmanner a8 rn~x be specified in the notification.6. Penalty for non-payment.-If nnv cess payable under this Act isnot paidns prescribed, it shall be dcemed to he in arrcars and tl~a authority appointedi:~ this bchalf by the Central Gover!?rn:s:lt iiiag, aficr such cnquirp as he deemsfit. impose on t.he pi.oduccr or thc cit ale: a penalt,~ not exceeding lllc nnlount,, of cess ir, arrears.' j

. -e. . . .,- &tton!i:ogtjlas boss 1 ACT V1; 01: 194818. Wwer of inspe:ctio*, Ontril and searih.-~nj avitliok~j authovised by thentral Governmeilt in this behalf may, with a view- to securicg complianceOr dealer to fuhish to such authority such intohis business as that authority may specify;o~ be inspected any books or other documents bederthe .control of such producer or dealer; ' -(c) enter arid search or auil.lorise any person to enter and searchrtnypremises and seize or authorise any person to seize any clofh oryarn-in respect of which he has reason to believe that a contraventionof this Act has been or is about to be committed.9. Pen9Jty for evasion of cess or failum to comply with order under Section.-(I) Whoever evades or attempts~ to evade the payment of cess payable bym ullder ,this Act or fails to colnply with any order issued to him under clause) of Seciibfi&-k.furpi%he+?q- informatiod:+which is fsla and which he knows c.has reasonable cause o' b~lieve to be falge' ol'---doe's not believe totrue, shall be pnishable- with imprisonment which may; extend to 6 monthi. with fine which may extend $0 two thousand rupees.or with both.' . ,.(2) Any court trying any offence under Ohis Act may order that any cloth nrbgether with the paokages or coverings thereof. in resped oT -which theLo& -is satiified that an offence under this Act has been comrnithd ahd! b+orfeiw, ta the Centre] QovcixpmaotF. ., -, .. .. ,-. .- .

Act No. VIIl ofAn Act to regulate the profession of pharmacy(h'eccivetl the assent of tho Gouer~to~ Geue~.nl on the 4th Ma~clt 1948)IFEIIFbAS it is expedient to make better provision for the regulation ofthe professioil r111

F --.3. @o.nati~ution and composition Of Central Gounci1.-The Cent.ra,l Govern-.meut shall, as soon as may be, constitute a Cent,ra,l Council consisti~lg of thefollowing n~el~ibers, namely:- ,(a) six members, among whom .there shall be ah least one;teacker of each. of the sub~ects, pharmaceutical chemistry,, pharmacy, pharmnwlogyand pharmacognosy elected by- the authority known as the Inter-Uni--versityv l3oni.d frorn arnorlg persons on t.11e teaching staff of a,n Indiau Univel--siby or a College afi1i;tted thereto which grants a degree or diploma in pharmacy;. .jd) the Director General, Health Servicee, 6%-oficio or if he is unable :hnd any meeting, .a persol1 authorised by him in ~'ritillg to [lo so;6e\ the Direetoi.. of the Central Drugs ~abb$~t'ory, ex-oficy) ;inoxinated by &.- , ..saicl C'ouncii frcm among themselves:1'1.ovirled t;!?n?, for five ye::^^ fi.0117 the f;rsi, cniistitutioi~ of the CelltralCouncil t!?e Presidefit shall be o person nominated by the Central Gov,;i.!?rnenblo sha!l hold offize at the pleasure of t.he Central Guvexm~rnb i1?::1 klwre-"he is not already a inember, shnll he a membex of tlie Centr:;l Council iq,additicjn ic, ti:? ii>er,~bers re:ci.red to ir: sectioiin.

-a~ 1948 i P1zw)~racy 3electior~ or until liis successor hils beer; ~11115 ilon1inate.d o;. elected. \viiicliever islongor.(2) A ~:r;niinated or elected inember i3ily ati any time resign hi3 membershiphg \nitil:g uncler his honil addressed to the President, and t31ie seat- of suchrne?:~be:. s!lnl! tliereupon become vacant.(2; .l ~;c)ir~i!~:;ccd 01- el.ec~ed nlelnber sllall be tleciiied to have ~-acatet( Elin: -sent if i~e is absent. without excuse, sufficient in the opinion of the behtralCounc'l, from three co11secutive meetiiigs of t6h.e Centr:il Couiicil or if he is.eleciecl 1.a1dc:r ciause (a), jc) or (g) of seetioil 3, if he ceases to be a member ;fthe ';u::!:lling stai?: l!:lecllc:ti (huncil of Tndia or'a. fegisterecl pl~amacist.~ as thecase il;ay be.j4i .? kcLrl:c\. I11 the. (lenir::l Couacil s!lal! be filied h!; fresh llorilill:~tiouor c..:i-ct.ioii% t::; tlii cast? iliii>- 138, a:ul the persot: nominated or ,?lict:d tn'fill ii!e :-?.:i.;ti:c,:, sllii:; hold cfiioe :!111;: lor ilie remainder oE ti-lc: te.rrn in: whicl~l;hr: !:\e!;.;licy \i:llcsc. v]a!.:e he ta!rc..: \:rrs 11o~~~ill:rt~d or e!pcte:?..-(5) N:! net dol~c. b;!; the. !:trnt!,::i !!o;inci! shall l;e czllcd in ques!.io;l o:~ thegrou~d lrierely of the existence of vrwaacy in, or any clefect j11 t!te consti- .tutioil of, the Central Con~lcil.i!il bi.enil;t:rs of the Central (:oti~rcil sliall kle c;!igi!ile - i'or re-nomination orre-elecllon.8. Stax, ren?sneration and a!':Owances.--(1) The Cej-1tra.l Council 1:lq appoint... a Se::!.etil.ry n;!~o inav alto; if so decided by the Centrai Coui~cii, act .!s! TrctnsuI.?:::l'?!,u:idelj :hat for :'::. Grsf; I;cj!:r >.::nrs froin the first co;?stit!.itio:1 of' the CentralC~?!.ij?~l!. the Sec!:etar- shall be a person r?ppnint,ed by the Central Govercmen$,who sliall hold oifirice daring liie pleasure of the Ceat:r~! Gove~ninei~t.(2) 'rl:e (:cnt;r:~i Co~lncil may, wit13 t!le previoas sar!r,tini~ of t!lc: Central.Go\~cl.i:131,~l?t,--..(nj :~!j?)oii~t such other officers and serr:~..ut.s ns imas; !:c ~cc~uirecl to cilable the,Ce~lf-r:~! Council io carry out it:^ f~lnc:-io:is unilcf this Act;(b) fix the sxlaries and aI!cc.:ulces and othei. conditions of service of the-Secretary and other officers nnd servants;... ...1% (c! fix the rates of aliowallces pa;l;ah?e to ~membrrs of t,he C,~l~t~ral council.>.~-~ f;:$r9. ,%he Executive @cimmitt&e.-(I.) The Cei~tral C,o~uicil shall, as so011 as . I'....!,;:.,..map be, constitute an Executive Co~nmjttee consist.iilg of the President (who . I i"" . shall be C.liairman of the Executive Committee) a,nd Vice-president, ez-o,ficio,. _: + ja,nc- five other embers elected by the Central Council from anlongst its..,!;!.:.'..,men?bers.(2) ,J, 11-,ember of the Executive Committee shnll hold ofice. as such nntilthe expiry of his t:er~i? of o%ce as mernher of llie Central coni~cil, but, subject j. ,,," to his being a i~lember of the Central Council; he slml! be eligible for re-election.(3) 111 addit~inn to the powers and duties conferred and imposed upon it by$.]-\is Act the Executive Coininittee shall exercise and discharge such powera ,and dut,ies as ma,y be prescribed.10. Education Regulations.-(1) Subject to the p1:ovisions of this section. the j' ,Central Council":~nlay, subject to the %ppro\ral of the C,entra.l Government, mxkeregulatioils, t-.o be called t-,l~e Education Regulations, prescribing tllc 1lli~limu1.njainnd2rd of educatioll refluired for ~l~diC~c.?+,irn~ :IS a nharmacist !i(2) Jn l):~iticular mid wit:hout grejuclice to the genernlit,y of the foregoing ,,.iTower, the Education R.eg~~latioa& uiny prescribe-- -,? 1.7; .~;...'I(a) the l-iatnre. and period of studv and of prnct:ieal training- to be ~inilcrtalren ,.I.; :I:czfcre n!lmission i.3 an i:s:irni~laiion;i

(b) the equipnle~~t a2d facilitics to be provided for students undergoingg.approved crJurses of study;I! (c) the suhject.s of exsininntion and the sta.nilards therein to be ahtailled;F? (d) aliy other conditions of :~d~nission to examinations.(4j 'I'he 1':ducntloil :X?gulntiol~s shall be l;ub!is!lcc! in tlic officiai Gazette andin such other nianiler as thc Central Couneii 1133i,yv. direct.eg,llations to Provinces.-At ally time afterCon~icil uiltler Chiilpter 111 and 8ft.e~ consulcil,the Proviacia1 Government may,. by noti-,ette, declare that the Education Regulations shall---(I) Any autl1o~it.y in aor pham!acists may applyd the Central Council, if? th8-t the said c.ourse ofs, shail deciare the saidthe purpose of admissionwhich holds ar~ examination inforapproval of the exa~ninatioa,h enquiry as it Chinks fit to make,13. BVithclra.w&l of approval.-(1) TT'here the Esec:?tive Colnmittee reportsto the Cexltrnl Collncil thnt an n;);)l.ovr~l course of st.uc!v 01: an approved'exenlinai.iorl t10c:~ not continue to be in conformity wit11 tile Education Regulatiolls,t.he Ce~lrral Council shnll give notice to the authoriti concer13ed of itsintention to t~lie illto colisideratioi~ the question of ~vit~l~dra~vii~g the declarationof apTxoTlal accorded to the course of st;liciv or esn~nination, as the case 111a;y be,anil tllc s:j :Lut;hority sl?:,.li T.T:~~!I~II thrcz monl-11s froii~ the receipt of such notice- forr~nl-d !o illc. Ce,1t,ral Council fjhrough tlie~~i.Goveri~inent such reprekent.at,ionin the lnntter as it inay wish to make.Fw#l- i13!r -. considerial: ally ~~cprcselltni.ion.- 211icl:l Ixao hc.recei~led from t,11e.ncl'+,!;o:.i!.;. :r;!-ic:n~*!~~.rl ozi:i nny oi?scirntin~~s the~~ou \vl~icli the ~w=&&d Govern-;~lc:lli ;ii'riy !..lii,ll: fit. t,o r,i::lrc, {.hc(:nnncil may cic::lr!:.c: t!lni tile course of st. L.I!];.~F, ./. s.,!'!,. -Iq A.O.FI%@ - . .

Plum.ilcyor thc: exsri~.i~~ntioil shnll be dcerlled i.0 i)i, :ipprovi:paseed, as the c,a.se ma.? be, before. a speciried date.1P. Qu&litications.iCoulici!, if if, i~ c.atis'aui.iiurity out,slde the,. requisite skill ancl knowledge,, may dr,c:la~e such qualification to be an approvedqu~jific2tion f c t.he ~ purpose of qualifging for registrat.ioa under this Act, andgjnjay for reasons appearing to it sufficient at any time declare that such qunli-"/$ficatiori shall be deemed to he approved ospecified date:z?Frorided that: no person otber tha.11 apossessillg suoll qnn:ificat.ion shall be deemed to be qualified for reaiatraiion'O,.& (I~I!CSS :>\. the iaa a11d prilu,iicv d the S:aic or country in which t,he qmnficctionis g~ciltecl, lsersol?s of 111diail origin hiilding such q~alifica~tion are permitted to! enter and prrctilo the profession of pharilxrc;..15. Hods of decisrafions.--All declarat,ionc llllder section 12, section 13 or@:secticn 14 di'all be made by resslutian pusred at e ineetirin of tile Celitral; Cou~icll, ancl shall h:.~ve effect as soon as thev. are pcblished in l-he ot£icialB. Gazette.@ 16. InspestiGn.--(1) The E~ecut~ivr, (:ornmit,ree may ap!~oint such ~umbe~@;of Inspectors as it may deem requis'te for the purposes of this Chapter.(2) A11 Inspector may-.(a) iilspect any inst.itution which prolisl~ in sucll ~.nnnner as ifit any report, copy or abstra,ct, furnished to it under this sectiolli -f %ion 16. --IS. Pmver to make regu!ations,- --(1) Tlle Cei1Cra1 Cot11;cil m,q~, withapproval of the Centrai Govenlment, mabe regillations consistent ~ith ?his Acfto CH~J:V out, the purposes nf this Clrapter.(2') In r,a~ticnlar :III~ witl-loi:t 3rej::dict: to t;hc generality of the foregoi17g .- ':,"*'?'.power, si~ch ~.egulatioas mag pl:o~ide for- ... ,(a) the mnnngc~-tlo~?t of the l;rcpel:t8y of the Gentrtt! (:o;~ncjf 'and the n~aintenance3rd n~~dit of its accounts;.. .-,.,- 3.(!I) ?hc xn?-tl!elS it: ~vlli(:l'i elcc/l.ions ~nlder t!lis 0hnlii.c.r s11:ill hc conducted ; , ,

L.g5..,-, .r . 6 cj t).? sumrnoniiin. .-:$ and hoidir~g c;!i me~:tj.n.qs of the Central Council, the timesh:itl I~icic&i at?vlii.ch such lnectiligs s11nl.l. be l;e!d, ille concluct of business thereatailii z~;(: :i!:~l-ll:cr of inenlbci.s :lci:::ssttry to ~011sLitute R quorutm;p- iil) iitc: i'unctioi~r, of the Executive (lon1nlitt;c:e. the s~mli~o~~ifig ~ltid holding~neeti!igs t!-iereof, the t-in~es n~?tl l)lctc:cs at ~~hich sue11 n~eetings shall i)c helcl,anil t;hu ~;llrrlbe! of ~nembel.s uecessnry to constitute a quorum;(e) the powers and dut,ies of the President :3nd Vice-President;(fj the clun!ifications, tlle term of of5ce nild the powers and clukies cf theScc?i'i;it..\,*, . . ii;;;uec:tpi.s ;ar(i ui!icl: ci':!l(:eyi; illid ~ei,\:alits 01 the Central Council, ill-.- .. .~, . .cjadi:12 :ayiogllt a:??? ~~:!t~!y;_ :?:' il%e s!:.c:!:.ity to i)e fur~lisl:e.d by tile 'ry;>asurer.5: -p2 . (?'! 7:::1:il ;:cg\ll;itio~?~ art. !II::$~. !:I: the !kn tral Coi~:>cil 1:nder tlli; section,I >. .-k ~h.$> :y::?:,~!b:,i~:; 1 j:;ly, \~ii>l?,!I(+pi.tx,\.i2kis s;cgct.ic!l of tllc c':-:ltyi~.i C; ~~:g~:i~~~~p~lt.,E, iii;;;.:: ,,!,:;. i,, 7.,>,.,>;l.~+;r,:. . . . . , ,.-,,,.,..>F:p$,aad cornpcsi'Lioe ol Provincial C~ncils.-F;.t~~~~ where ais coi~s

. . ii.'\ ?'I 5uch :iun;bc! i~~c.il~l~e,-s. ~!t::!!fi 1:tl icss tl;:~il three il:!d i:ot nlore than. . .fiIri :;:; l:hi. ;:gr~l~ll~ 7-. $;i121! ]-;!c>,,7iC:!%, ~~!:!iLii~~~v(~!>T, t>ac,il ! ) ~ l ~ ' ~ ~ ~ ~ l ; ~ ~ ~ , ~ 1 i 2(-LC .,,,L A SAT. I. 5 !l.l!lcnt ;(c) olie n:nmtlr-.!. eiecirtl f1.0:~ :~rn~i?o?,t T!ICL?IS~~V~S by the n~cinhc-.rs of eachMedic';;! Co11:)l.i' 01, tl.!~: Cc~lncil of Medical iiegist,rntio:l of each par~icipatingP-m-wd . . ns t,he case lnav be;.. (d) tile chief ndininist~aiivc iiledical officer of each 1,articipatii;gc-r. ofji'cio or {C he is ilnnble to atteild ally r~?ee;iiig, a I?e:soil :~utl:orize.411 rl-rltii~g li:~ (io SO;(c) the (iove:.nment Ailalyst riinder the Drugs Act, 18-10 (SXIIL of 1940) of.behalf.(2j The ag;~eement r n -.l~rovide ~ that ~vitl~ii? the. 1ii~;its specified in c..ln~~se~-(aj ;~:icl(1)) of sab-section (lj: tile number of men-ibsrs to be eikcted or l;c?minated(b) 0 sub-section (1, al least hall shall be persoils. lic>st!~!;si~i~ dl-!y~i;::iii?i5~ di?~:,i'cc or ilij!!o?:~i! ii; !!hni.n:nc,;- (1:- ~>ili;:.ma::ol;~ic:ii c~,iici!listryincnibers of tlie ~~harmaceul;ic:~i 11rofession.J2%. Irtcorporstion of ~ d ~ o u n c i l.a body cnrpo!,atc ill; sucll name as n1a.ynle~~t in tl:c offici:~l G~zet.te or, in the-b1;1>- he detcrlilil~ed in the agrceine.ilt,, h:~viiig ~)ci*petual succession and 2 coin?nolt:sc::[j. \vit,l~ IICIX:~~ to :lcq~lire or lloltl p1-0pert.y botli nloriiblc and Ii-r.irnov:~!)le :!nd+!!:?!I I:. tFc said nnmc z:c zncl be SIIP~.I. ~ ~11.3. Ag A .r. 19 so. .:.-..* .

e?=I(EaEl P/uzrnti~c?y [ACT VIIF23. President and Vice-Presidanc of. . Council.-(1) The President.end Vice-President of the L $ w G G G ~ l be l olecied by the ~1ernl)ers.£run1 alnonast ., thelrlselvcs:L'roviclec.1 lliztt for five years frorl-1 th2f:rst ci~tutibn of the 'w-Co~~ncil Cl~e 1'1esident. shall be r, person r:omiaated by theGo\,ernrnenk\;:;]lo shaTl ho:d office ~i the plensuiof theGcmei-nrneiit alltiis no$ already a rneinlier, sllnll be ;2 TiLenbi to the melnbera refened to in sectio~ 10 or section 21, as the case-=.5$-;E:,(%) i:1-1 elected President or \'ice-President shall bold office as such lor a.tern1 i?ol escerciin tire ;years snci not. cst,endiug beyuilcl lilt! expi?? of his tormi. .as 3 ? . n . e x i ? ~ Council. h but si~bj~ct to llis being a :,ncillhsr of'the %bewmd C:oiiilcil, he shail i:e e!igible for re-electioil.~6 qLr-.-,.>,-. J:!LL::;:~ Cf ~~BLs~~,>zs.-Y~~I~c:L~~~~sfinc.lel: '-his Chn!jter shrill be collductecl inthe prescribed manner, and where an?. .disput,e arises rcgarrliug ally such elec-. tion, it shall be refel=-i+overn.n.ler~t, \~hoso?,ecisio:~ shall beJinal.25. Term of oEcs a22 casual vacancies.-ji) Sul:!ject to the ;>r~\;isiol?s ofthis section, a nonlinated or elected rnemhei, other thii a nornirlnterl President..,,lg-$;~t four yyea~s froli~tll~, first constitution of t&e. j .it a r shall be s pevron al?~ointccl by the7sh:tll 11old ofice, during the ])leasure of ti;e P~YMG~~;

OF 19431 I'~L(IT~~L~?/ ?.:ojficio, aild such nuillbcr uf olher ~lic~iibers elact,etl Iby thefrom ar~~ongst then~selves as may be prescribed.re-eleetioii.be sent to tile Central Council.CHAPTER IT.~I%EC~ISTRATI~X OF ~'L~ARAIACISTS29. Prepa.ration and maintenaace of register.---(1) 4.s soon asthis Chapter Bas taken effect :a ailg -, thecnusi: i.c)-b~ ~,j.epc.~.r,d in-the r:ia:~ner hereinafter provic!cl a regi3te.rcists for the .&swpdI(2) The 33evk&d Council shall as so011 as gcssihle after it is constitutedjth2 dnty of maintalniag the register in ascorc!ance \vik11 the provisions..of this Act.e(3) The register shall iilclude tlie following particulars, namely:-(a) tjhc fu'!l. name w~;d residential address of the registereri persi~rl;(1,) the of his frs.t adi~iission. to fhe regisler;(c) his qualifications for registration;(d) his professional address, and if he is employed by any person, !,heof such p" Orson ;(e) sucli further particulars as ma?? be 1:)rescribed.30. Prepsra.tioa of Erst register.-(lj For the. .register, the M-sh~!l byconstitute a Registration Tri>u11a1appoint a Registmr who s!lnll act as. .(2) The . Gove~ni~lent sh9.l'~: 1)y the same or a. iilie not:ificut.io~i,.appoint a, d a s e f o r e which sppiications for regi?t.ruiioz!, ~vhich shall bs .acco~npaniecl by the prescribed fee, slln!l be m;ic!e to :he Registj:aG.cn 'I'riimnal. -(3) The Ilegistratinli Trib111ial shall esa,mine (:very ~pl;-,lica,tiollor before t,he aRpponted date,, and if it is satisfied i.ha.t !.be applic:>i~tfor regis(;~:ai,ion uncler section 31., sha!! djiect t,he eiitc;; of the name of theapplicnnt on the register.(4.) The first.. .. . . ./.&&.j. dLy F.6. ;j :;'?. . . ;., . , ;./; . < . .r

OF 19481 Plzulnzac y 11. .addressed to the Regislrar of the, P+cwme+ Couricil and shall -. be i~cco~:~pauicd: by the prescribed fee.(2) If upon such application the Registrar is of opinion tha't tile applimnt isentitled to haw his ntLme e~ltered in the register under provisious of IllisAct for t,he time being applicable, he sllall enter the name of the apl~licailkin the rcgis1,er:Provided that no person whose naine Jias under the provisions ofbeen removed from t!lc rc!gist.er of iin~ J&w&ed shall be er~titled to 11slve hiename er?te~.t.ti i ~ i the !.c:gisic: rscejit \vit,h !he >lpproval of the .-F~I~IIc~~.recorrl~d at; it ~~ieeti~lg.(3) Any ])ersoil .,\:hoai-a ;i>p!i:.ri.tiux for rc..+it~ntio.~ Is vejectecl 1):may within three months from the date of S U C ~. .rejection appealeifh Council, and the decisioil of the &iwmed Council thereon(4) Up011 e!itl,y in t!lr:! rcq:-::er of n ;:;;I-:!e 1.11?der !:hi.: siicilol-~, !i;i: iiegl-t:.:~?shall issue a certificate of registration in the prescribed forill.- -- .34. Penewal fees.-(i) T11e -vernment may, by ~;otithe official Gt~zetto, diicct thst foi the retention of a ilalrle allafter t11e 31st day ciE 1)e::einher of thf \:en;.. Fo?low;ing the yen;. i , ~ v;iliis first entered on tihe rlsister, fhcrc shaI! be !?aid a~?!~unii:< to ti?e. Council such renewal fee a.s may be prescribed, arid witere sxeh dirzction lxts 1ibeen made, such renewal fee shall t~e elm to be paid before tlie Arst ?:ry ofApril of the yea.r to which it relates.I, 1!(2) Where a. renewal fee is not paid by the due date, the 1legist.rilr shallremove the name nf the defilulter froin the registel-:!Provided that a 11nn1e so rexoved may be restored. to the regii;t,er oc such. ,i-.12!j [. . ,ou:trlitions as mly ilc piescri'ued.(3) On payment of the re!~enral fee, the Registrar shall in the 1~~nsc:ribecl:manner endorse the certifica,to of registrabion accordingly.35. Entry of additional qualifications.--A registered pharn;acist s!~;.:! 01: .pa.yn~ent of the prescribed fee be entitled to have entered in the rcgisie~. arlgfurther degrees cr cliplomas ill pharnlacy or pharmaceutical chemistr,!- :,rlhich:he mag' obtain. ,36. Removal from register.-(1) Snhj~ct to the l:rovio~ls t:cl,!$!~ct -$oolr !,lace col1;rniticd i! sl~~!il:~l; OC~CI?CC or ~)CC:II :xt~iif.V of ';i!i:ijjt:..-i~:f:~ino~is cr4iduat, 01. .-,:

6 (c) tbat any person employed by the registered pharmacist for tbe purposesof his tusiiiess of pharmacy has at ally time during the period of twelve monthsbimmediate!^ preceding the date on which the offence or iiifarnous cr~uduct. tookgpliice, committed a, similar olfence or bee11 guilty of similar illfamous coilduct,.and thae the registered pharm~~cist had, or reasonably ought to have had,~-k&6wleclge of such previous ofence or infamous conduct, org (d) that where the offence or infamous conduct continued over a period, the-registered ph~rrnacist had, or reasonably ought to have had, knowledge of theL. -continuing otfence or infamous conduct, or5' $..under ~cb-section (1) may direct that the persou whose nameremoved from the register sha!l be ineligib!e for registraticaor for such period as may beorder under sub-section (I) shall be subject to corifirmntion by theCouncil and shall not take effect until the expiq of three monthsdate of such confirmation.-section (1) which has beencil may, within thirty days from the communiotl,appeal to the %*l Uovernirjent, andh u.ppeal shdl be final.from tbe regisier 11nrler thisforthwith sui-reilder his certisoremoved shall be pliblish-removal has been rejected b;gsection shall not take effectn has been lost orfee, issue s dupli-

.OF 19481 Plzamtac y 13or letters reasonably calculated to suggest that his name is so entered,he shall he puuishnblc 01; first coilvictioll with fills ~vhich nlay extens LO tiyehulldred rupees and on any subscquelit convictictn with imprisonment extendingto six mollths or with tine not e.xceading one tllalisaiid rupees or \:.it'h both :'provicled that it shall he a defence to show that the name of the accusedis entered in the register of another and that at the time of thenllcgc:d ofl-'e~lce under this section an.had been macle.(2) For the pnrposes of this section-(a) it shall be immaterial whether or ~ot. ::ny person is deceived by such.pretence or-use as aforesaid;(b) the us2 of the descriptiol-1.'phar:naccutist ", "dispeuser ", "dispensing chemist", or any combination ofu~ords fillall be c!ee:nerl tn be x-eoso:~ab!y cc!cii::$tei. io suggest tha; thepersoil usifig such de;;cri?iion is a, person whose name is fo~ the t>irne being-entered in the register of the 5+evk+d. ' f(c) the onus of proving that the name o h persoil is for -- the time being enteredin tha register of a M i s h a l l be on him who asserts it.(3) Cogiizaace of au ogence punishable unrier this.section.shall not bo taken.except upon complaint made .by order of the &kcmma&-Executive Committee of the &%ew&+d Council.&T.Y42. Sispeng~g by unregstered pW~0n~.---(l) On or after such date as the ...'".Provincial Gove.r:lment m.sy by notification iri the official Gazette appoint inIthis behalf, 30 person other tharj a registered pharmacist shall compound, prepare,mix, or dispense n.!ly medicine 011 the prescription of a medical practitionerexcept under the direct and persorial supervision of a registered phermaoist:Provided that this sub-section t;hnll not apply to the dispensing by a rnedicdpractitioner of nledicine. .for his own patients, or with tho general or speci:sanction of the Z%wms& Government, for the patients of-=her rnsdicpractitioner.(2) Whoever coctraveces the provisions of nub-section (1) shall be punishable,with imprisonment for a term which may extend to six months, or with fine-riot'exceeding one thouscrld Tupees or with both.(3) Cognizance of an offence punishable lander this section shnll not he% .-taken except upon compla.int made by an order of the ~~&OW~~G~V~IY~G?~JI~.,43. Failure to surrender certificate of registration.--(1) If any persol1 whosename has been removed from the refister fails without sufficir2nt cause forthwithto surrender his certificntce of registration, he shall be !)!il)isll:ible wit], fine; which may extend to fif g rup~cs.(2) Cognizance of an ~ffecce punishable under this section shall not hetaken except upon ccznplaint made by an order of the Exec:lt.ive Comlr1ittoe.44, Payment cf part of iaes to Central Oounci1.---The %?%r-CoU&shall bcfore the end of JLII:~ in each pear psv to the Centrn! Council a sum,equivalent to one-fourth of the total ires renlisect bv t!~e J&Q-&C&G~~~~under t!~is Act dilring the periocl of tn'clve n!outlfi e:2ding on the 31s6 dag ofMarch of that yenr.. i45. ikppoi:?trnent of %In!nmii'?icz c: il;;qnisy.--(:I') it'~lr-:?le\.~,. j! :!jijjc,::l.:l j,:l ,,llCCent!,!?! Govc:.urncnt tll~il~ tl~: (le!ll.rni r :q:!!~r:i\ is no:, co~,:l,!:-i!?, \\,it!! fiVp of the,' . , .~I~.: 01 t!li>? .4.~t, the; (:.i:>:t.rt:\ GOV~~T;II~~I!~I~.?,la?. ;iljl.>

I'J~or))ruc!l(2) Tl~e Corliinission !la11 proc.:ed to enquire in such raanner as it 1n:rs; deelnfit and report to the Cet \:a1 Governine~it on the inatters referren io ii hgetherwjtll SIIC,~ r:'!ll":li~'~, ii i:i13, as tlie ~'ur~;!nissioi~ iriay !Ike to tecomn~elld.(3) The Cerilrul Governrne~it may ac,cept the report or re~r~ib the same to.the Coiil~ni~~i!.~;; for i.nodific:ltrci:l or reco?lsitlc;.a:io~~.(4) After the report is finally acceptstl, the (li:~ltral iiovernment ma!; orclet:-the Central Council to adopt the remedies so recoinme~lded wit!lin suci; ti~~ioas inay be specified in the order and if the Council fails to coi?~l,i? 1: iiliin the.time so specified, tile central Government ina,y pass such orcler or t;i!re sucii.nction as may bo necessary to give effect to the recommeiidntio of tilei'ommission.111, IV and V.without prejudice to the geaera1it;y. of the foregoingthereat and the auw~ber of members rlcccsonry to fotm rz quorllm;3:!iof the secul-ity to be giuen by thi> Trensliwr;..! 3he proof of q~~alifii.ibiocs to he givln,(11) the conditio!ls for registra.tio11 uiidcr sltb-scction (1) of section 32;:, .(li) 11le !.-l;rintenance of a. register;

-Act No. K of 1948[PASSED BY THE DOMINION LEGISLATURE]Bn Act to provide for regulating the employment of dock workers,(Beceived the assent of the Govsrnor General on the 4th March 1948)wELEREAS it is expedient to provide for regulating the emplopmenf of...dook workers;It is hereby ena0ted a.s.~.fol.lows.:-i :-.!.e-& a!1. Shoe title and extent.-(2): This Act may be called the book ~af&e&(Hegulation of Employment) Act, 1948.&-,..&dWY 4(2). It extends to .&!@he 6 of ~ndia#~'*~2, DeWtio~.-In this Act, unless there is anything repugnant iq ffiei sub!.ject or context,-(a) '-'cargo" includes anything carried or to be darribd in ii 6fGP ,. ., otother vessel>. . (b) "Dock worker" means a person epployed or :to be employed. b,. brin the vicinity of, any port on work in connection with the loading, unloading,movement or storage of cargoes, or work in connection with, the- pre:paration of ships or other vessels for the receipt or discharge of cargbesqleaving port; . .(cj "employer", in relation to a dock worker, rneqns he 'person bgwhom he is employed or to be einployeh as aforesaid;., i(d) "Government" means, in relation to any major port, the Cenfrsl,$Government and, in relation to any other port, the -m . ', (e) "scheme" means a scheme made under this Act.i;. 8. Soheme tor ensuring regulu *n$oyment of wo~kers.--(-l) ProvisiL j-be-iiade by a scheme for %he registration bf dock workers. yith aview to ensuring greater regularity of employment rand for regultltiug the,-employmentof dook workers, whether, registered or not, in a port.(2) In particular, a scheme may provide- I. . (a) for the~pplication of the scheme to such classes of dock .wo?k~r~. .-. . and employers as may be specXed therein;(b) for defining the obligatiqns of dock wqrkerq and e!mployers sub-.ject to the fulfilment of which the scheme may apply to them $~d .tho't+-tjuinstances in which the scheme shall cease to tipply , to any dbck . . $ox&= .; &+ or ,employers;(o) for regulating the recruitment and entry into the scheme of &I@wo~lrers) and their registration, includirig the' maintenance* of register$,the removal, either -temporarily or permanently, of :names from the -r&jii*ters and ',!M imposition of fees for registration; i,(d) for regulating the employment of ,dock w~rlrers, whether tegie;iered or not, u.6dchlacj terms arid coilditioris of, sbch emplhyment,.:ifie~inrates of remu~iernticn, houro cf v;cr!r nl~d c~udition's b!s~'th')i'ri1id&$~''R;fi~''~~s;~ $in recpeclt thereof;:.. ... ,t(ej::i e;-::rit;g t,~>rnt, jx, mspic.;. of A- ~l~,i.ioi:s . du~tng ii:ilig:;, orqp!a:'81en;i, . .,>:4;I;;; < ;ii~,~,?!>7,~;~l;,~:,?-~ ;;:, ;,)r): :iy;-.;:!,:>L!: ;:

,-$.,-I. 'I;,$-C.hF6 $!a8&$&%%'. .", :'I.. .gh9 Dock Wo~kers (Regulation of Employment) [A-@ nt?r. .(f) for prohibiting, redrioting or otherwioe controlling the employmentof dock workers to whem the scheme does not apply and the employmentof dock workers by employers to whom the scheme does not apply;(g) for the training and welfare of dock workers, in so far as satiafadmyprovision therefor docs not exist apart from the scheme;(h) for health and safety meesures in places where dock workers areemployed, in so far as satisfactory provision therefor does not exist; apartfrom the scheme ;(i) for the manner in which, and the persons by whom, the cost; ofonerating the scheme is-1$ L (i) for oonstituting ty to ba re~lponsible for- ' ' the ~dministration of tt(k) for, sqh incideptal and supplsfnentary matters as may 60 neeesfieryor expedient for the purposes oP $he scheme.(3) A scheme may hirther provide that a contravention of any provisionthereof shall be punishable with imprisonment for such term as may be speoi-"'fled but in no oase exceeding three months In respect of a first contravention oruix months in respect of any subsequent contravention, or with fine which mag.. extend to such amount as mag be specified but in no case exceeding five hundredrupee$ jn reepect of a firs+ contravention or one thousand rupees in respect of.soy subsequellti oontravention, or with both imprisonment and fine as afore-:.*aid.. 4. M&hlg, variak10a and revocation 61 schemes.-(1) !!Ae Government may,'%v noti6cation in the official Gazette and subject to the condition of previous 'r)~iblicrltinn, make one or more schemes for a port or group of ports, and may., the like manner and ~nhi~ct to the like condition add to, amend, vary orhi9 ;j revoke my scheme made by it.[ -. .FbE(2) The provisions of section 23 of the General Clauses Act. 1897 (X of 1897)ah311 ~~pply to the exercise of a power civen by sub-section (I) as they applv to.,: the exercise of a power given by a Central Act to make rules subje~b 40 the. . pondition of previous publication. i(3) The Gavernment may direct the port authority of any port to prepare,in accordance with such instt~ictions as may from time to time be to it,.;&s or' mere draft schemes for the port, and the port authori6-j shall complyw;th euch direction., ~.3 . ., 8. Advisory Committees.-(1) The Government mav, or if it decides to make- sqv scheme under section 4, shell, constitute an Advisorv Committee, toc*.navise tli70n nuch matter3 arising out of the administration of this Act or anyaoheme made thereunder as the Government msy refer to it; for advice.,*- - (2) The member. of the Advisorr Committee shall be appointed by the-~*or~:rnnient, and shall be of such n~imhrr (not exrcrdine fifteen) nnd chosen111 such mnnner an mag he prescribed by rules made under sub-section (5):.'-. ~t-ividcd tllnt +.he Arlvisorj. Ccnlniitieo dial1 include ou equal irurnber of ;. n~ei~ihers repre~lenting- .I(i) the Go~ernmcnt,I(ii) t ~ ~ c d~ck ' wori;c~ c,*,-. .. 4" .- 1, > ,, .' , '> ', 1, ."!

or 19483 Dock Workers (Regulation of Employment) 9(4) The Government shall publish ip the oiiicial Gazette the names of allmgabers of the Advisnry Cominitteo.(5) The Government may, by notifioation in the aEcial G~zzette, make rule6to provide for- I *(a) the composition of the Advisory Committee;(b) the manner in whioh its members shall be ohosen;(6) the term of o$oe of its memberg;(a) the aIlowances, if any, payable to the members of the Committee:(e) the manner in which the Committee shall conduot itsbuoiness, including the number of members to be present at a meetingthereof in order to con~titute a quonun.8. 1n~peotom.-(1) The Government may, by notification in the officialGazette, appoint such perfions as it thinks fit to be Inspectors for the purpOSeBof $his Act at such ports as may be specified in the notification.(2) Every Inspector shall be deemed to be a public servant withinmeanmg of the Indian Penal Code, 1860 (XLV of 1860).(3) An Inspeotor may, nt any port for which he is appointed,-(a) enter, with such assistance (if any) as he thinks fit, any premieesa- vessel where dock workers are employed;(b) require any authority or person to produce any register, musterrollor other document relating to the employment of dock workers, andexamine such dooument ;(c) take on the spot or otherwise the evidence of any person for thepurpose of ascertaining whether the provisions of any scheme made 3orthe port tire, or have beer complied with.(4) The Government mag, by notification i~ the official Gazette. prescribethe manner in which and the persons by whom complaints regarding contraventionof any provision of a scheme may be made to an Inspector and theduties of the Inspector in relation to such ~~omplaints.7. Cognizance af of?ences.--(1) No Court shall take cogniv:ince of angoffence made p~inishab!s by a scheme or of any ab6tment thereof, except onA report in writing of the facts constituting such oEence or abetmrvt made byan Inspector or by a person specially nuthorised in this behalf by the Governmenb.(2) Notwit,hstnndi!~g ar~vthing contaiilcd ill the Code of Criminn: Proced-re,1898 (V of 1898), an offence. made punishable by a schenle or an abetmentthereof shall be t,riab]e only by a Prgside:lc;y Magist~.ale 01 ;t >v,':r&ircrate of ihefimt c!ase.

t[r~tj~~l) BY THE DO INION LEGISLATURE]An Act further to ame d the Insurance Act, 1938(Rnaciuud the assent of the ~ov/nbor-~aneml o~t the 8th Ma~olz, 1948)wHC{REAS it is expedient to amend the Ins~~ra,nce Aot, 1938 (IVof 1938) for theappearing;It is hereby ena6ted as follows~i1. Short title.--This Acl 111 y be called the Insurance (Amendment)Act, 1948.2. Amendment orsection 4, ct IV of 1938.-In sub-section (1) of section4 for the words beginning with he words "No Insurer" and ending with thewords "fihall pay" the worcls 1213 figures "No Iiil;~~~er, not being a Co-operativeLife Insurance Society t, which Part IV of the I~isurance Act, 1938appli~s, fihall pay" shall be s bstituted.

THE !AINIMUM WAGES ACT, 1948Short title and extent.Interpretation.Fixing of minimum rates of wages.Minimumrate of wapes.Procedure for fixing minimum wages.Advisory Committees and sub-comrnit&ees,Advisory Board.Central Advisory Board.Composition of committees, otc,Procedure for revision of midmum rate0 of wow,Wages in kind.Payment of minimum rates of waeFixing hours for a normal working day, eto,.Overtime.Wages of worker who works for: w than normalworkin,? dayWages for two nr more classes of work.Minimum time rate wages for pie ce work.H~intenance of regidters and record@.Insgootors.Claims.Bingle application in respect of a numbor ot employeespenalties snd procedure.Exemptioli of.employer from liability in certain cases.Bar of suits.Contracting out. -Exemptions and except10r.s.powor of ProvinciakGovernment to add tr, Pchedulr .power of Central Clov~rnmonto -ive directions.power of the Central Governn~ent $0 make rulespower of approprinie Govornmcr. ,to mnks rulgsTHE SCHEDULFIj

-4Act No. X1 of 19443[PASBED BY THE DOMINION LEGISLATUEE] 'An Act to provide for flxing miairnuin rates of wages in certain employmenks,(EZeceived the assent of the Governor General on the 15th ~Warch, 1948)HEREAS it is expedient to provide for fixing minimum ; atos of wage* inW ceri;aia employmenh; .-re is hereby enacted as follpwe;,~I. Short title and extent3*l) This Ack mag be called the &&imum Weges,\ct, 1948.21(S) It extends to &[the2. Interpretation.-In thie Act, unless there ie anything repupant, 4 &aabject or contsxt,-(a) "adult", 'adolescent" and "child" havea~aigned to them in ee~tion 2 of the Factories Act,/ . .(b) "appropriate Government" mean- 4 C4a u* *bed by an Act of the Central Legislature, the Centraland ;(ii) in relation to any other scheduled employmentl $heeove&entiGovernment;(o) -"competent authority'!. means the autho,rit~~ appointed -by':the- appwpnate qoverben.t, by notification ,in its official Qazette to ascerta-h from theco time the cost..of living index number applicable to the employees employed.iq the echeduled employments specified in suoh notification2(4,"cost of living index number" in-relation'to employees' in any scheduledi:. mploymsnt in respect of which mininium rates of wages have-' bee& Wid. *.B;: meins the index number ascertained and declared by the competent aathod~: ey notification the ofljcial Gazette jg be the ~08s of living in&~x-dxnberias- .. ;." appQcable employees in such employmenti(el "e&ployer" meane any person who employs, whether directly or through',another person, or wllether 011' behalf of hiultialf or any other person, one:: or,more employees in any scheduled employment in respect: of which 'rniriimu+,~-. rates :of wages- have been fixed under this Ac6,: and indudee, 'excepjj in .sub. - dectidn (3) of section 26,- ,. ..(i) in a factory where there is carried on any scheduled employmentin i-espect of which minimum rates of wage8 have been fkdd .-under this Bet, any person nam,ed under clauseh.**g.G&3i6a%m. .. . 9.4the factoryj(ii) in any scheduled eiaploya~ent under the colltrol of any GOY-'enument in India in respecb of which minimurn rates of wages hava.. .been fixed under t,hi.: Ac$, the persoil -oi-.ailChority .appoinb,d. ;b? mch Goyermcut for the auperpision and control of employoea ojr _iwhere nc persol: or izubhority is so appointed, the heact of tho De , . ,.,. . ,. .pa6ment; . . ..:>. ..-(iii) in any scfioduled employ~nei~i; uuden urry log~ 6~~o&ri& f$ . -. '.. . ..'.r&$,e~t.- of' which mlriimliiii ~ a t ;of $ ~ wager, h:ivc. be& fizkd i1nd6i &hi$, . ..: A L.,::-h~:t, t,j.le ~ > ~ y ;~.;j;jc!.. - .,... . , - 5L!.rii,y ~P,I: t ;i~~?,,~s~~~-~~:i~~isio~~:,

-.- ,.- .,.'Winimunt Wagea '[ACT XIbontrol of employees or where no person ia os appointed, €he akiEIfexecutive officer of %he local authority;(iv) in any other case where there is carried on any scheduledemployment in respect of which minimum rates of wages have beenfxed under this Act, any person responsible h the owner Yor ,thesupervision and control of the employees or for the payment of wages:c.9 "prescribed" means prescribed by rules made under thta Act;., (g) "scheduled employment". means an emplpymen'f; specified in %hecherlule, or any process or branch of work forming part of such employment;{I:) "wages" meann all remuneration, capable of being e-qressed in termsb money, which would, if the terms of the oontra~t of employment, expressor imglled. ware fulfilled, be payable $0 a person, employed in respect of hiraem~lopmenfl or of work done fi such employment, but doee not'include-4Xi) '&e ,value of-(a) any house-aocommoda~tion, gupply of light, wa%er, medicalathndanoe, oryb) any other amenity or any eervioe excluded by general orapecial order of the appropriah Government:ftt) -anv contribl~fiion paid-by %fie employer 't;o any Pensfon I'undr- -.- or .;h~aent h d or unaer any &heme of sociai in~urance;' -. (iii) any travelling allowance or %he value qf any '€ravellingosnoession ;fin) any .sum paid To the pepson employed To dehy epeoial'expenses en%ailed on him by the nature of his employment; OP..(u) any gratuity payable on discharge;(13 "emplovee" means anv person who is emploved' for hire or reward to do~ny:iwork.- skilled or unskilled, manual or clerical, in a schedubd employment fn; respect -of which. minimum rates of wages have beefi fixed; and includes anI out;smorker h whom anv articles or materials are given out bv: another person- to be made up, cleaned', washed, altered. ~rnament~ed, finished, repabed, I-~&q.,pted,:or. otherwise processed for sale for the purpose& l 'the trade or hu~inese! af;t-t other person ,.where the process is to be carried out either in c e hope 'i&&he- out+worker or ih so,ma other ~rernises not heine prern:~es under:. . i&$irol :and :manegement of ,%hat other person : and also includes an ernploy~0 aeclema k%e an employee by the appropriate Government; but does not in.-%he ...'j. . -, . .~.i...+ .- . . . -. .> . -...~.,,., ,

'a$ lo&] Mtnimum Wagea 8(b) a minimum rate of wages for pieue work (hereinafter referredfa aa "a minimum piece rate");(a) a minimum rate of remuneraldon to apply In the osoeemployeee employed on piece work for the purpose of securing to sucllemployees a minimum ate of wages on a time work basis (hereinafterwferred to as "a guaranteed time rafe");(d) a minimum rate (whether a fie rate or s piece rate) to applyin substitution for the minimum rate which would otherwise be spplieable,in respect of overtime work done by employees (hereinafter refer-~ed to as "overtime rats").(8) In fixing or revising minimum rates of wagee unde~ this seetion,--(a) different mjnimum rates of wages ?nay be Axed for-(i) diaerent scheduled employments ;(ii) dlb-rent alasses of work in the same soheduled employment;(it0 adults, adolescents, children and apprentices;(iu) different localities;(5) dnlmum rates of wages may be fixed by the hour, by %he dayor by any larger wage period as may te presa '"ad :Provided that where any wage-periods have been Gaed under section 4 of mePepen* ~f wt%Ff! bad, 1838 (IV of 1988), miniintiiii wageti &alI be axe& in- rt:~g'i'i-4 hv it- befsre 4;ho daie specified tg the n~tifiantion uidc-r clause (h) of thnt cut,-sco~ian,"d, '~1~11~6''

4 &inimzlm .$* wdB , . Iro.F. nithe appropriate ~overnment shall, by n'ntlificatsioh in the ofZicial Gazebto, fixthe w w rates of wages iu resywt of eaah scheduled emplojrment, andI, unless such' notitication ocherwise provides, ~t shall come into force on the$

12. Psyment oi minimum rates of wages.-(1) Where in respect of any'ection 10 is in force,scheduled employmer~trate of wages fixed by11p1o> u~eut w~thoutj auy11e aud subject to suchprovisions of the Pay.Xi. Eixing hours for a normal working day, etc.-ln regard to any scheduledemploylnent mlnlmum rates oi wages 111 respect-oi which have beeu hxed uuderthis Act, tht: appropnate Governille~~t 11lir~-(a) IIX the number of hours oi ~ork hhich shall ~oubtitut~ a norm&bvorking day, inclus~ve oi orie or Illore speuheu LuLervals;(b) l)rov~de for a day of rest in ever) per~cld of seven days which shall beallowed to dl enlployees or to ally specified class of ei~lployee~ andfor the payment oi renlunerdtLon JU respect of such di~$~"I rest; ,t a rate llot less thaur by such a longerexcess of the numberger shall pay him fort the overtime rate fixed !overninent for the timetion of ihe provisiona ofin any case where thosea1 worki day.-If anun rate of wages ha5 been fixed und&%his, Act by theperiod less than tho -g day, he sha'M, saveas otherwise hereinafter provided, lae entitled to receive wages in respect 0%' work done by him on that day as if he had worked tor a tull normal workingday :, Provided, however, that be shall not be entitled to receive wages for a fullnormal working day- -(i) jn any caee where his failure to work is caueed by Ilia unwil-liIlgness to work and not by the omission of the eillployer to provide.hhim with work, and(ii) il;l such other cases and circumstances as may be preecribed.16. Pitapep for two or more cyasses of work.-Where an employee does two orinore &sses ,of work to each of which a different rrlillillluill rate of wage8 is,Bpplicable, the employer shall pay to such e~nployeo in respect of the timeresl,,ectively o,ccupied In each such class of work, tvageo ut not lesa than the 'Lj$;in!um rate in force iri resnest of each such claas.-. ltlt Minimum tinle rate W ~ ~ Gfor S piece w~rb.--\\~lic?rc an employee ia em-~ ~ l on ~ Piece ~ ~ \I d . for v;llicll ini~~imun~ ti11ic rate arltJ, not u minimumbee been fixed u:lcie; this rXuL, the c,lll~l~>t~ -!'t.!L !,,LJ 19 such f~nrkC'1'. 3-iiwpg~qnot le?s th~i~! ~Ls ddlli~lii~?u~n ti%jlu 121~.~ g jgsintenancp *of r~,gi~tcr~ and pocords.-(I) 1Stci.y employer shall mcitt- f4tilill such registerv iLrld reoorcis giving such pnrtic\ilass of er;nploJ'C'~~ tyLi'!i j2:5 ':r,./ hirn, fjiO b(iLl, ,,r,,fx,llll;.(] 1,-g tl-~y. t i l i b \,\L:::*.- 11ct CL i~ tk): 121 t?!? r~'-.. i 2' 23-

I\ Mirhutn Wngsa [~QP#given by them and ~uoh other partiaulars sild in suah form as may be prea~r&ab,($1 Every employer shall keep exhibited, in such manna? may be prm.~dbed, the facb~,workshop or pIace where the employees in the scheduledemployment may be employed, or in the case of out-xx~orkers, in such faabry,work~hol, or plaoe as may be uged for giving out-work to them, notice's in thepresaribed form oontaining prescribed partioulars,(3) The appropriate Government may, by rules msde un&r this A,&,for the of wage books Or Wage slips to employees employed in any schedul.ed employment in respect of which minimum rates of wages have been fixedrnd preercdbe the manner in which entries shall be made end authentioafed iaenah wage books or wage dips by the employer or his agent.19- Ins~ecbrg.-(1) The appropriate Govem~ment may, by notifloation fn theoBdsl Gazette, appoint suoh persons as It thinks fit to be Inspectors for thepurposee of thie Aot, and deflne the local limits within whioh they exerolsekheir functions.(q subject to any rules made In thia behalf, an InrYpeotor may, within thelaad Umlts for which he Is appointed-a) enter, at all reasonablshours, with such assistants (if any),Jbeini persons in the service of t h h or nn-j local or other pubnic-nmM.t authority, a8 he thinks 66, any prerfiisea or piace where employeee ereemployed or work is given out to eub-workers in any scheduledment in respect of which minimum rstce of wagea have been fixedunder this 'Act, for the purpose of examining any register, rmrd ofwages or notlces required to be kept or exhibiked by or under thIs Xeta rulee msde thereunder, and require .'%he production thereof for inspea-BYoa:(b) examine any perflon whom he finds in any such premises otplaoe and who, he has reasonable cause to believe, is an employeeemployed therein or an employee to whom work is given out therein:(a) require anfly person giving out-work rand any out-workers, togive any information, which is in his power to give, with respec€ tothe names and addreslses of the persons to, for and from whom thework is given out or received, and with reepeot to the payments tobe made for %he work;(6) t@ke cop:ee of any register, record of wages or notices or ofany portions thereof; and(0) exercise such otber powers as may be prescribed.(3) Everv Tnspector\sh~ll deemed fo he a publio servant withTn the mean-Ing of the Tndian Penal Code (XLV of 1860).20, Claims.--(I) The appropriate Government mav, by notification in theaficinl G8cette. appoint any Commissioner for Workmen's Compensation orother officer with experience 8s a Judge of a Civil Court or as a stipendiaryMtlaistrnte to be the Authority to hear and decide for any specified area all *laimcsr$ing out of pnrment of less than tho minimum rates of wages to em~loYeesemploped or paid in that ares.72) \%ere an employee is *paid less than the minimum rates of wages flxea'legal praAii-fbr hid Of under this Act, the employee hirn~elf, 01- Qpi'or any o~cinl of a iT-&e -L~n:.~= nt~lhorired in writing to R O ~ 091his %ohn\f, or ally Tnspector, or cinv peruon nctinn 4th the nermis~ioh 6f the,-~ll~~lori~g uplloiutGd unde~ ~~h-scctinn (I), mag np!)l~ $0 qllch huthdrity for &direction under sub-section (3) :. =providec3 that every gllch npplicntion shall be ~)resrntcrI ~vithin six moubt~fi ' IfroYi, fl,~&,in_ on &hi& the niinimnm wages b.ccamo ~aPbl6;1-'

,-n- bF 1m Tifinimum Wages 4ther that any application rnay be adrnitt:ed after the said periods when tl~e applicant sat,isfirs the Authorit,:: that; he had sufticielltfor not niakillg (;he applicatioil willill1 such period.When any application undcr sub-soction (8) is entertained, the Autbosnaiibear the appiicant the eilipioyer or give them an opportunity ofd, and after such further inquiry if a,ny as it ma;y consider neces-, without prejuclice to any other penalty to whicli the employer mayunder this Act, direct the pa.yment to t,he employee of the amountthe minimurr! wages pnyitble to him exceed the amount actually paid,ith the paj~ment of such co~ilpe:~sation as the Authority may think .ding ten times the amount of such excess and the Authority may .'t of such compensation in cases where the excess is paid byto the employee before t,he disposal of the application.(4) If the Authority hearing any applicakion under this section is satisfiedther nlalioiolis or vexatious, it nlay direct that a penalty notrupees be paid to the employer by the person presenting thefb) Any amount directed b be paid under this section may be recove'red-(a) if the Authority is a iliagistrate, by the Authority as if itwere a fine imposed by the Authority as a Magistrate, or(b) if the Authority is not a Magistrate, by any Magistrate towhom the Authority makes a,pplication in this behalf, as if it were afine imposed by such Magistrate(6) Every direction of the Auth0rit.y urlcler tllis section shall be final.uthori-Ly appointed under sub-section (1) shall have all the ivil Court under the Code of Civil Pyocedure, 1908 (V of INS), je of taking evidence and of enforcing the attendance of witnessesjthe production of document,^, and every such Authoritv shalle a Civil Court for all the. purposes of section 195 and Chapterode of Criminal Procedure, 1898 (V of 1898).21. Single application in respect of s nlrmber of employees.-(1) A single ,application may be presented iulder section 20 on behalf orjn respect of anynumber of employees enlployecl in the scheduled employment in respedt qfwhich minimum rakes of wages have been fixed ancl in such cases the' maximumcompensation, which may be awarded under sub-suetion (3) of section 20 shau..not exceed ten tirries the aggregate amount of such' excess.(2) The Authority may deal with any number of separate pending applicationspresented under section 20 in reqject of employees in the scheduledemployments in respect of which minimum rates of wages have been fixed, asa single application presented under sub-sec,tion (7) of this section and the -.provisions of that sub-section shall apply accorclingly.. .22. Penalties and procedure.--(I) Anv employer : niaintni:: :.e~:i',!;~: Q? ?e.cn?c! r~.niaii.~d. -I - -- !n. be . ..n!win't;itijii!d ~lnder fiectio1.1 1.8 r;hall 1% punishable with firle n~liich!.m~v.'dxtrfi

--8 ~iirpmurn wages $ao~ XIau oile~luc: u~icler sub-section (I), urlleso an applioation ill rospoct of the factRconstituting the olfi'elica h&s beell pi,~sentd ull:lei section 20 has beengranted wholly or til park, and -the PLilBhovit,y granting such application hassanetione-d the mal.:!ig of the coulplaiuk.(4) No Court shall Lalie cognizance of an oitenue uncler sub-section (2) except -on a compla.int made by, or with the sanction of, an Inspector.(5) No Coill-t shall take cognizaiic'e of an offence-(a) under sub-section (I), unless conlplalnl thereof is inade withinone month of :the grant of sanction under sub-sec&ion (3);(,b) under sub-section (2), unless coillplaint thereof is madewithin six lnoilths of the date oil wh:ch the offelice is alleged to havebeen committed.23. Rxemption of employer from liability in certain cases.--Where anemployer is charged with an offence against this Act), he shall be entitled, upont complaint duly made by him, to have any other person ttrho~n he charges ask the actual offender, brougilt .before the Court at the time appointed for hearing8 the charge; and if, after the colnnlission of $he offence has been proved, the2.,. employer proves to the satisfactioil of the Court--(a) tha.t he has used due diligence to enforce the execution of thisIIAc6, andk . 1rf'. r(b) that the said other person committed tho offence in que'stion$ 'without his knowledge, consent or connivance,p2 $hut other perscn shall be convicted of the offence and shall be liable to thec like punishment aa 11 he wer~ the employer and the employer shall be dia-k. oharged : - ,Provided that in seeking to prove, as a,foresaid, the empIoyer may beg:w.examined on oath, and .uhe evidence of the enlployer or his witneke, i. uoy,shall be subject to woss-examination by or on behalf of the person wiiom .tn:employer charges as the actual offender and by the prosecution.2&c Bar of suita.+o Court shall entertain any suit for the'recovery ofwages in so far as the sum so claimed---(a) forms the subject of an applicatica under section 20 which hasbeen presented by' or on behalf of the plaintiff, orI(b) ha8 formed the subjed of a direction under that section infavour of the plaintiff, or ..(G) has been adjudged in any proceeding under that section no6to be due to the plaintiff, or(a) could have been recovered by an application under ,that,section.?. 2%. Contracting out.-Any contract or agreement, whether made 'before orafter. the commencement of this A&, whereby an employee either rezlinquiehes orreduces his right to a min~inulri rahe of wages or any privilcgo or mncessiona,ccming to him undm this Ac6 sha.11 be null and void in so fa.r as it purports -.to reduce the miniinurn rate of wages fixed under 'chis AcC.26. Exempttons anc5 exceptionl;.-(1) The appropriate Government may,to such conditions if' any as it may thinlr fit to impose, direct that theprovjsions of this Act shall not apply in relation ,to the wa.ges payable :?,i~disaE1ed employees.F; - (2) The appropria,te Governmeii'ch7 I1Otifica.tioll ill official&Z. -rspccifg, the provisions of this ActI: ..,&.of employees el~~plogcd il, ,!F . g]-le;o Ljlc,?:: ie (:bl.~i,:(: 011 2 ~u1Fgk'g:I b

F2*=.vr. - '* :. .29. Power of the Gentral Govermsnt to make EU~~S,--The Central Governmentmay, subject to the conditiou of previous puhlica,tion, by ilotificatioll ithe official Gazette, make rules prescribing.the term of office of the membera,the procedure to be followed in the collduct of business, the method of voting,the manner of filling up casual vacancies in meinbersllip and the quorum -necessary for the transaction of business of the Ceiltral Advisouy Board.$0. Bower of appropriate %overnment to maka rules.--(1) The appropriateGovelmrnent mag, subject to the condition of previous publication, by notifica-tjonin the official Gazette, make rules for carrying out the purposes of this Act;(a) prescribe the term of office of the members, the procedure to(b) prescribe the method of summoning ~vituesscs, pi.oduction;ofdocuments relevant to the subject-matter of the enquiry before thecommittees, sub-committees, ac1visor;y ::oin?uitt!:~s, advisorv subcomm.itteesand the Advisory Board;(c) prescribe the mode of compu6ation of the cash value of wagesin kid -and of concessions in respect of supplies of essential commodi:-(g) prescribe the number oi hou~s of \vorlr which shall conslitute hrlormsl nrorlting rl ay ,

'-+#?Minimum WagesLAO, rtf(13 provide for the issue of wage books and wage slips and prasormethe manner of making and authenticating entries in wage booksand wage slips;(k) prescribe the powers of Iospeclors Tor purposes of this Act;(1) regulate the scale of costs that may be allowed in proceedings .under section 20;(m) prescribe the amount of court-fees payable in respect of prooeedings- under section 20; and(11) provide for any other matte^ which is to be or may be preecribed.- -- .-TEE SCHEDULEPSee secticns 2(g) and 271 4fPART T! 1. Employment in any woollen carpet making or shawl weaving1 establishment.2. Employment in any rice mill, dour mill or dal mill.3. Employment in any tobacco (including bidi making) manufao2a6gS4. Employment in any plantation, that is to sag, any estate which iemaintained for the purpose of growing cinchona, rubber, tea orcoffee.6. Employment in any oil mill.6. Employment under any iocal authority.7. Employtnent on rcad constructio~i or in building operations.I8. Employment in stone breaking or stone crushing.9. Employmsnt in any lac manufactory.10. Employment in any mica works, 811. Employment in public motor transport.12. Employment in tanneries and leather manufactory.,PART 111. Employment in agriculture, that is to say, in any form of farming, includingthe cultivation and tillage of the soil, dairy farming, the production, cultivation,growing and harvesting of aiq agricultural or horticultural commodit;g,the raising of live-stocli, bees or poultry, and any practice pel-formed by afarmer or on a farm as incidental to or in conjunotion vith fam operati~ns(including any forestry or tinzbering operations and the preparation for marke'tand, delivery to storage or to m:\l~l\et or to carri~ge for transportation to marketof flal~n produce):

TEIE BESXABILITATION FINANCE ADMINISTRATION ACT, 1948-\CONTENTS-SB~TIONS1. Short title, extent and oommenoement2. Definitions3. Establishment and inoorporatstion4. Constitution of the Administration6. Advisory Boardf 6. Terms of office of the members of the Administration and the Advisory ~ owd7. Dbolosure of interest8. Removal from membership8. The Chief Administrator10. 8taff11. Funds of the Administration12. Businem of the Administration,IS. Loans.14. Power to od for repayment before agreed period-15. Mode of reoorery -8Id Audit17. Power of inspeotion18. ReturnsID. Power of Central Government to give direotion20. Exemption from taxes1 221. Liquidation of the Administration22. Delegation48. Power to make rules24. Power to male;mgul~tionr-

Act No. Xll of 1948[PASSED BY TEtEl DOMINION~~GISLATURB]An Act to e8tablish the Rehabilitation Finance Administration(Rec(~ved the assent of tl~e Governor-Ge~~e~nl ot~ flze 23rd Mar41948)HEREAS it is expedient to establish a Rehabilitation Finance Admi-W nistration for the purpose of giving financial assistance on reasonableterms to displaced persons to enable. them to settle in business or industry;It is hereby enacted as fo1lmvs:-This Act may be oalled Lhethe Central Govenlmentmey, by notification in the oficial Gazette, appoint in -this behalf.*2. Definitions.--ln this Act, unless there is anything repugnant in thosubject or context,-_ (a) 'Aok' means the Rehabilitation Finance Administra'tion Act, 1943:(b) 'Administration' mealla tlie iiahab~litatiou Yluance Administration0jconstituted under this Act;(c) 'borrower' means an individual, company, assopiation or body of 1individuals, whethey iilcorporated or not, to whom a loay has

4 hehabilitation Zinance ~drniizietra&oli [Ad* &i(3) The Administration shall have its head office at Delhi and may withthe previous approva- of the Genlral Ciovernnlent, opal1 branches at such placeslu lndia as it may consider necessary to discharge eeect,,velg its iunctlons underthie Act.h4. ~onetitution of the Administration.-(1) The Adrllillistretion shall con.diet oi the following members, namely:-(a) it chairman to be tlppoirlled Lj: lilt: Gelltral (;opementbe called the Chief Administrator;(6) three o&cials appointed by the Gentre1 Government; and(c) three uon-oiiiciala nominated by the Central .Government.(2) 30 act done by the Administration shall be called in question on theground'merely of the existence of any vacancy or any difect in the constitutiorlof the Administration.6. Advisory Board.-(1) 'l'ha Central Governmeit shail constitute anAdvisory Board to advise the Adrninistraiiol-, on matters of policy and maywhere necessary constitute a Regional Comm;ttee to advise each branch of theAdministration.(2) The Advisory Bomd shall conest of such members, not exceedikfifken in number, as inay be naminated by the ventral Government.6. Term ol ofFlce 01 the members of the Administration and the Advisoryhrd.---(1) A member appointed ui~der clauses (a) and (b) of sub-section (1) oisection 4 shall hold ofice during the pleasure of the Central Government.(2) A member nominated under clause (c) of sub-seytion (1) of section4 or eub-section (2) of section 5 shall hold oijice for a term of twc years fro111'aha date of his nomination and shali be eligible for re-nomination.(3) A nominated member may resign his membership by writing underbis hand addressed to the Cmtral Government and he shall thereupon cease tobe a member.(4) A casual vacancy created by resignation under sub-section (3) or byother' reason shall be filled by fresh nomination and the person nominatedto dl1 $he vacancy ahall hold office only for the remainder of the term for which- the member whose place he takes was nominated.7. Dhcloeure of interest.-(1) No member of tke Admillistration shall haveuzy jnterest, direct or indirect, in any business, industry or concern to whichany assistance under section 12 has been given or is to -be given and if anysuch member acquires such ihterest at, any time during the continuance of such' assistance, he shall immediately disclose it to the Administratidn and shageither resign hls membership or dispose of his interest in such manner nndarithin such time is he may be directed by it.(2) Any member of the Advisoyy Board who has any interest, direqt orIlldirect, in any business, industry or concern to which ally assistance. 'cindersectiofi 12. h8s been g-ivenhor is to be given or acquires such interest at anqtime during the corltinuence of such assistance shall immediately disclose it tothe Administration and shall not pa~ticipate ill the ~roceedines. of the Advisol'g-*---a..~ ~ reiating ~ rto such d assistsnca.8, Removal from membership.-Nota~ithstand'llg anything cont,ained insection 6, the. Central Government may, for any reason which lnay appear to'irto be sufficient, remove all?: member F$ auv time from the Acln1'11istration or'.4the Advisory Bod.C9, The Chief kdrj~inistraior.-The Ch'ef Adn~iriistrator shall be n ~7hole tim~'Eervant of the Adlllilliatration and shrill roceive such fialaries ~r1d nllowa~l~?s. .snfi cilia:: be a:l\:ject. t.Q gij~h tcrnls and conditions as n1n.y he deterl~~ined by theCentral Governmen6. . . . . .- .i,. ., . F "" " 15 .

i- ). SM.-The Administl~at~on may, in the manner prescribed and with b Lsanction of the Central Goverrllrle~lt ,--(a) appoint a Deputy Chief Adrnlnistrutor and such other officers and\ eer~ant~q as N15Y he reqli~rerl ct~~;lblt~ I[, to carry ou~ the rundimsunder this Rc4;(h) fix $he R A I ~ T and ~ allnwnnr.fis or ohher cnnditlinnu nf ~6rvine of theI Deputy Chief Adrrli~listrator, olher offioerlj and servants;e to the members of thee depositel in theIkof banks up toIng 50 per cent. of &he loss inIi1I18. bX116.-(l) The Central Government may prescribe the limits as to . iamounts within which loans may be advanced by the Administration.(2) For the purpose of advancing any loan under sub-section (I), the !Administration play call for any report either through its own staff, or through -11the District Officer of the district in which the borrower resides or carries onbusiness, or through any provincial or a State Government, or througli any Bmhor sny other appropriate agency.(3) The Administration shall chskge interest from the borrower st such %,rate not exceeding 6 per cent. per alinum as may be spe~ified~bg it.(4) The period of the loan shell not exceed ~wrf.;rk(5) The loan may be advanced either for fixed capital oror for both.The assete created from the loan shall, notwiihthstanding any law orusage to the contrary, be deemed to be mol-tgaged to the Administration forthe repayment of the loan together with the interest thereon and the amount of8 Ithe loan nnd the in(9rest thereon shall be first charge on such assets. !\ (6) The Administration may also take such further security for any loan Ias it may consider necessary.i14. Power to csU for repayment before agreed perid.--Notwithstanding an) Ij- agreement fo the contrary. the Administration Jnny, by notice, requ'ire allyborrower forth~ith to repny in full with interest thereon ally loan borrowed fromiB,- . ^:_/.&,l;&~a.-crrJ~&d~f~6~~k/d~[q~'~.f'1?I!3j

(a) i$ it appears to the Administration $hat false or misleading infotiouill ally 1natcl.la1 pari:ci:it~r was glven by the borrower tor outail,-ing the ioau 01. ?\;hiie furnisiiing any ir~formation ander section 17;01'11(b) if the borrower has failed to colnpiy with the terms of the contractwith the Arlrn;nistrast;ion in the ina:tt,er of trhe loan; or - ,(c) if there is a. reasonable apprehension that the borrower is unable topay his debtas or tha.t insolvency proceedings or proceedings forlLquidation nlaj: be comlneilced.against him; or

OF 19483 I Rehabilitation Finance Administration 6(4 If any pc~son ounlravefies thCpryvisions of sub-section (1) or subsection(3) he shall be punishable with imprisonment which may cxtend'to sixrrlollths or u.ith five which extend to five thousara rupees or with both.18. F,etr.r~s.--(I) Thz ~dnIinistrafioii sliall fiirilish to the Zentrai Governmenta half yearly report together with accou~its and such other illformition within%,uch time and in such manner as may be spe'citierl by the Central Goveri~lnent.(S) The report shall be laid before as spon as~liay be after it is l~:epilrecl. m19. Power of Central Governinent to givs dir8ction.-F'n, b l pl.lrposes ~ ofthis Act, the Centre1 Goverilment may, from time to time, give to the Adminiatrationsuch genera! or special directions as it thinks tit, and the Administrat,ionshall, in the exercise of its functions under this Act, coinply with any sucbdirections." 20. Exemption from taxes.-Notwithstanding anything contained in theIndian Inco'me-tax Act, 1922 (XI of 1922), or in allv other ennctinent for thetime being in force relating to income-tax, super-tax or business profits tflx, theA.dn~iuistration shall not be liable to pav ally inuorne-tax, super-tax or businessproiits tax on any incomes, profits or gains.21. Liquidation of the Administration.-(1) No provision of law relating toinsolvency or to LJle winding up of companies or corpdratio~i shall apply tothe Administration and the Adn~:nistra.tion shall not be placed in liquidationsa.ve. by the order of the Central Cro~reriln-~cpt and in such manner as it maydirect.(2) 2) the event of the Administration being placed in liquidation, theassets of the. Administration, :fter 111ceting the liabilikjes, if any, shall vest inthe Central Governmen.$ and tht: Centjvnl Govwn?r.ent shall thereupon have all) the powers of the Administration in recovering the loans remaining unpaid.22. ~e1agation.- he Adminiitration may, , by ~ot.ificntion in the official- Gazette, direct that any power or dutv which urlder any of the provisions ofthis Act is conferred or imposed upo~ the Adm'nistration shall, in such circumstancesand under such conditions, if anv, as may be specified in the directiod,he exercised or discharged 'B;V the Chief Administrator, Depnty Chief Administratoror'any other person subordinate to the. Adm'nistration.23. Power to make rules.-The Central Goernment rna,Y, by notification in. . the o.fficia1 Gazette, make rules for the purpose of giving effect to the provisionsof: this Act.24. Power to make reaulations.--(1) The Administration map, rnrith theprevious sanction of the Central Government make regulations, not inconsist-.,ent with thk Act or the rules made thereunder, to provide for all matters for.which provision is necessary or expedient for the purpose of giving effect to theprovisions of this Act.(2 In psrtir,i~la.r and urithout preiu'dice to the generality of the foregoingpower such regulation may provide for,(a) the conditions on which a person m_ay be recoznised 'as a displacedperson,(b) the manner and the time of the general meetings of the Admi,nistra-, tion, or Advisory nonrcl or R.eqional Committee and the procedure 'to be followed thereat nnd the manner in ~hich right of votiPg )naybe exercised,(c) t:he t,enns on w~hich the Administmtion ma. qrant ]"fins,(d) forms of returns 'and Ebntemenfs ~-t.~ilireil u~cicr this Act.(I;) the d~it,ir,s nnd condilct,. finlaries.. :~l!n::.a!?ci;? and r.~nrlif:i~~~~ of SC:-,,of Oiiicers! servarlt,~ and nge:~ts of. t,hc L~~ln)il~is+,r2tif21ii ;:.0

!ffB Rrhubilitation Finanoe Adminiatration [AOT XII OF 1-W] 3C(f) manner and form of application for loans and contracts,i(g) manner in which accounts of the Administration shall be k?pt anda~~dit~ed, 1i(h) the manner in which and the conditions under which the business or.,industry of a person to whom a loan has been advanced may betaken charge of and adininistered under section 15,- (i) any other matter wh:ch hss to be.or may be specified under this Act., , ..'..(3) All regulations made linder this section shall be published in the officialGazette and shaii rome. into iorce on such date as may be specified themin.

Act No. X IJ ~f 1948(Received the a.ssent of t- .,.It is hereby enadted as followeneral on flze 25th March)d~ays (Transport of Goodejs hereinafter appearing;2. ~rbenclm jnt of &ion11 sub-section (3) of section 1 oft're Railways (Transport of Go7 (hereinafter referred to as the said Act),:for tho words " for one ye ir only ' ds " up to the 26th day of Ma&, 1949 "'shall , be substituted.3. Amendment of section of 1947 .-In sub-section (2) of section 2op+,he said Act, for the wordsith " the Central Gover,weat " and ehdingwith " a Chief Commissioner " the words shall be substituted, namely :-" the Central Governmeilt or on authorised in writing in this behal'fby that Government or *Yithitems 10 an3 17 of the Schedule by aProvincial Governmenbor byL8 Chief Commissioner or by the Governrqentofan Indian State". v- 4. Amendment of section 3, Act ' of 1947 .-In clause ((1) of iection 3 of theB id Act,--ic,.

g-&.$.Fg --- .-,a-E 3 of €?as&) Idna6ndaa&j Vrn. ICIII *a948- . . -' &&1I!Xo.g- 55W. ,I.\ ..L 6. Firewood and '+arcoal. . . . ihdii30db forDewip6bn of goode ecial traasport6 .6. Foodstuffs incl&ding fish end other perishables yinn*canned, bottbd, processed or packed including el grains[: and. pulses, %heat. produots and flour of othez grgin8kt.andpulses, ghbe, butter, cooking fats and. edible vega-1* tabje oils, sd! (other than hide salt), spgar, gur endhgferew...,N il..*jaggery]. . i . . . . . . - I #ti.7. LTveskock. . . . . . . . -.. . . Nil.- , 8. I bterials and storeh sf the ~ostaand 'Telegraphs ~e;artmenbNi.1.9. Maciiaal storea, hos&tal equipmeat c~nd'pharmsceutical goode N11.10. Military or police stjpres end equipment , , . . .When transport. is1 ,E: sponsored.11. Htroleum and all ~~frolewm products . . . When oossigned'byoil oompaden. and*0; hipore? of patral&produo ~i? 12. Plmt, materials and"*tores for maintenance and oonstrnof.. tion of buildings &d roads, and for industrial and sgd.~oultural development projeote, including the "Grow-C ,F: More-Food" oameign, weterwoiks, irrigaQoa, hwo.I electric an+ sewage disposal schemes . . .&.. ' . . . m a3. Plenb, stores, raw mat&rbls for and finished poduohef thofollowing major inwtries:- . . . . _... .ab*nt. . .Chemical& ji-' Colfieriee:Dietilleriea' PertiIiser facton&.Iron and steel.&ta.Mateh le;otoriea ,:Nan-ferroue and aUoy faotories.Paper.'. ..Rim and flour md11.CSugar.Textile ginning ma pressing milla.. .Vegetable ghee (Ir4riaspati) end vegetaple oil.14. Plarit, stores and ram mbteiiala for and U e d *roduCb of theNufollowing important ipdustrke :- . . . , . Nil.Bobbin factories. !;Bone mi&. - a *.-Cigarette,oigar andttobaooo fant&m.Eleotrical indostritrsiand electrioity supply nnder&kin,rrs.Glass and p~ramic f@c€ori~9.Xining industry. iOilo .xnpanfes. fOrdnance fwtories. ;'Paint and var~ish fAtories.Rinting, stationery Bnd no~~~pri&.Refractory brick far,$orics.RuWLcr faotori~. i . .poap factories.Sbarch factories. jTanneries and 1 enthjr, boot and shoe fsctori&z. .Tsagardena-.13. Railway conl, material, sf iaed,nnd equipment , , ,ilk . . . a? xf! .10. Raw coton,wolRn-!on wool n !* . . Nil.L.. 17. Ytorw in:luding rr:idi:i;l st.or& for reli2f i~ :l:ii~; qF fainiiLc: or..., 1. .k$" 18, iX7&gons roqtli;cd f~r. !hi.

-2%~ DAMODAR VALLEY CORPORATION ACT, 1948CONTENT8CCC-CCrC.IPART I* INTRODUCTORYSECTIONSP A,RT IV1. Short title, extent and commencement. ( FINAKCB, ACCOUNTS AND Anui~.2. Interpretation.~SECTIONGPA1 T 1127. Expenditure till the Corporation is est~b-E~ABL'sH~ENTOF THE CORpO~"T1Ox'3. Incorporation.4. Constitution of the Corporation.6. Conditions of service of members.6. Appointment of officers and servants.7. Conditions of service of officers and servants.8. Functio~ls duties of the financialadviser.. 9. General disqualification of all officers andservsnts.10. Appointment of Advisory C xnmittee.PART 111 .lished.28. Vesting of property in the Corporation.29. Fund of the Corporation.30. Liabilities of Participating Governmentsto provide capit.a.1 to the Corporation.31. Payment by Pa,rticipating Government onspecified date.32. ExpendiLure on objects other than irrigation,power and flood control,33. Allocation of expenclilure chargeable toproject on main objects.34. Capital allncated to irrig~tion.35. Capital allocated to power.136. Ca.pit,al allocated to flood colitrol.Ge?zeraZL 11. Limits of Damodaroperation.Provisiqn for depreciation and reserve and12. Punct.ions of the Corporation.Irrigc~tion oncl water-supply.13. Provision forLiability pay ta'xes.16. Supply of ~vater to those whose supply hasbeen stopped or reduced... 17. Construction of dam, etc., prohibitedexcept with approval of the Corporation.. .. Supply a?zd genernth of electrical energy.18. Supply and generation of electrical energy. .19. Effect on existing licenses.20. Charges for supply of electrical enerw.Other nctiviti.8.21. Other activities of the Corporation.Powers.22: General povers of tho Coiyoration.23. Po-ger to close roads and opeii spaces.24. Pomors undcr cortain other enactments.Co opera.fion rind nvojdanceof submersio?~25. Co-oporatio~i with otllor authorities tominilmiso inconvenience ca.used by sub-- . 111ers10n.$33. Subrnorsion of coal inilics Lu be avoidedby tlie Cor~?or::~.~:;~i.PART V.MISCELLANEOUS.4s. ~

~&,--w:Act No. XIV of 1948[PA%Y~. -'RY TII~ DOMINIOX- LE~IBLATURII]An Act to provide for the establishmeiit and regulation of a Corporation for &hedevelopiuent of the Damodar Valley in the Provinces of Bihar and WestBengal.(Re~eived the assent of tlze Governor General on the 27th Marclz 1948)1948)npx T HEREAS it is expedient to provide for tbe establishment and reg~?_lla-Vv tion of a Corporation for the development of the Damodar Valley inthe Provhces of Bihar and West Bengal:*. .+:=.r $1AND %HEREAS in pursuance of section 103 of the Government of India Actl935 (26 Qeo. 5, c. 2), resol~tio~ s have been passed by all the Chambers of the Pro'vincial Legislatures of the said Provinces to thc effect tl at certain matters de,ealtwith in this Act uhich aro enumerated in the Provivicid Lrgislative List, shouldbe regulated in th-ose Provinces by Act of the Doninion Legislature ;It is hereby enacted as follo\i s :-PART I1. Short title, extent and commencement.-(1) This Act may be called theDamodar Valley Corporation .Act 1948.ru'(2) It extends to the &+wmd&of Bihar and West kengal.I-(3) It shall come into force an suchydate as.the Gntral Government may, bynotification in the official GazeBte, appoint in this Sehalf.2. Interprehtion.-Tn this Aot, unless there is anything repugnant. in the sub.ject or cuntext,-(3) ''C~r~~ratiun" mea@lre Damodar Valley ~ ~r~oratior~ ;(2) "Damodar Valley" includes the basin of the Danlodar river 2nd itstributaries ;(3j "member", means a member of the Corporatioil and illcludes the Chair.man ;(4) "ParticipatingM Government ofGovernments of Eihar and of West Pehgd ;(7) "regulabioas" lnean$ 'the regulations made by the Corporation undersection 60.I$!STARI TSETMEKT OF TFJE CORPORATICIS3. Inc0rporatioa.-(1) With effect from such date as the Central Governmentnnay, by ~lotification in $he 3Micia1 Gazctte, ippoint in this behalf, there sllall boestE?Jiis!led 2 "Coypora tior, hp6thc Iiarnc of tllr: 1)~ nlodar Valley Corporatiol:.(2) The said Corporatioil sl~all Lr a bocl~ corporate havii~g perpetual ~l~cccssi~~,pon:mon PCRI, and shall i,y llie anid llanle 811C ail6 %C sncd.:Ir:d

Iyf?k&hpn.w.t~'2 Dsmodaz Valley Cozpo~ation [ACT XIV .(2) A person shall be disqualified for being appointed, or for continuing as, remember of the Corporation-&=&.+(a) if he is a mel~ber of&e C d or any rovineitd Logisbturc ; or;.*.!J.( r---(hj-if he hw, directly or iindirectly, any interest in a subsisthg contract :' P ';~ade with, or iu any work being done for, the Corporation except as a shareholder(other than a director) in an incorporated company provided that where he..is a shareholder, he shall diaclose to the Governmwt the nature and extentof shares held by him in such Company.(3) No act, or proceeding of the Corporation shall be invalid by reason only tothe existence of any vacancy amongst its members or any defect in the appointmentof a member thereof.5. Conditions of service of members.-(1) Every member shall be a wholetime servant of the Corporation. \(2) The remuneration and other conditioils of service of the members sl~all besuch as may be prescribed.6. Appointment of officers and servaqts.-(1) The secretary and the Gnancialadviser of the Corporation shall be appointed by the Central Government,(2) The seoretary shall be tho chief exemtive offioor of the Corporation.(3) The Corporation may appoint such other officers and servants as it coasiciersnecessary for the efficient performance of its functions.'7. Conditions of service of o&fficers and servants.-The pay and other coilditioasof service of the officers anBservants of the Gorp-oration shall-(a) as respectsthe sec~etnry and fkanciai adviser, be such as may beprescribed ; and(b) as respects the other officers and servants, be such as may be deternlined, by regulations.8. Functions aac! duties of the financial adviser.-The functions and duties ofthe financial adviser shall be such as may be pr-ibed.'9. Generai disqu.alifica:ion of all officers and servants.-No person w,ho hasdirectly or indirectly, by himself. or his partner or agent, any share .or interestin any contract, by or on behalf of the Corporatian, or in any employmentunder, by or on behalf of the Corporation otherwise than as an offiqer or servant.thereof, shall become or remain an officer or servant of the Corporation.5..,IT ', 10. Appointment of Advisory ~on1mittee.-subject to any rules made undersection 59 the Corporation may from time to time appojnt one or more Advisor?- 2ommittees for the purpose of securing the efficient discharge of the functions-of the Corporation. and in particular for the purpose of securing that thosefunctioils are exercised wit111 due regard to the circumstances and require~ilentsof particular local areas.PART 111FUNCTIONS AND POWERS OF THE CORPORATIONGeneral, 11.. Limits of Dalnodar Valley and area of operations.-(1) 'The Central Gov.erilmeilt shall, bg ilotificatioll in tlle official Gazstbe, specify thh limits of theDan~odar Valley.(2) T11c Corporatio~ s!iol! carry out. 211 or P17Y of its fun~tlcc~e R~C! exerc!serill or nny of its po\~.er~ within the Tlaniodar Valley. 9 .!ikahl--( 3 I i \>c,rltriil Gouernment may, after coni~ilt,atinii will) the&~~i!+&*\Goue~nrncl~tshy ~lotificat~ion ill 'tb? oficjnl Ciaze,tte, direct that the Corpor-t' o . a

OF 19481 L)anzodar Valley Corporation 3shall carry out such function and exercise such power in such other area as111a,y be specified thereui arid Ihe area bu bpeclfied shall ba callad the "area ofopc~ntion" of the Corl)oraLior~. :.I . . i12. Functions of thi Cbrporati0n.-The functions ofI,' 5 athe C,orporatioa shallbe-(a) the promotion and operatjion of schemes for irrigation, water-supplyand ddnage,(b) the P!'OEIQ~~OII BEC! ~?pe?zti~?!? ~?f s~hemes for the geseraticn, transmissionand distribution of electrical energy, both hydro-electric a ~ dthermal,s%(c) the promotion and operation of schemes for flood control in theDamodar river and its tributaries and the channels, if any, excavated bythe Corporation in connection with the schgme and for the improvementof flow conditions in the Hooghly river,X(d) the prorriotion and control of navigation in the Damodar river andits tributaries and channels, if any,(e) the promotion of afforestation and control of soil erosion in theDamodar Valley, andr(f) the promotion of public health and the agricultural, industrial,economic and general well-being in the Damodar Valley and it8 area ofoperation.Z~~iption -and water-supply13. Provision for irrigation and watersupply.--The Corporation mag, withthe approval of thereaeonabfy withheld,operate them:Provided that the d. . Government may, after giviject to the payment of fair compensation, take over theoperation of any14. Rates forooasulttrtion withfor the bullr supply ofqilantity of water whi(2) The ratesment to the cultivstors and other consumers shall be fixed by that Governmentafter consliltation with the Corporation.15. &tes for supply of water for in3ustrial and domestic purposes.-The Oorporationmag' determine and levy rates for bull; supply and retail ciistributicm~f f aterfor i1;dustrial and domestic purposcs aiid specify the nlsnner of recovsy of1 snohrates. s ..16, Supply of water to those wliose supply has been stoppea or reduced.-If,

-*.4 Damodar Valley Corporation [AUY XIV.Supply artd gefiurulioir~ u/ eleclr+ical etwryy !18. Supply and generation of electrical energy.-Nntwithst,anding anything imntained lu the Indian Zleotri~iL~ BoL, 1910 (IX of 1910) or any licence granlied 1!&hereunder-(i) No person shall without the permission of the Corporetion-'(a) sell electrical .energy to any consumer in the Damodar Valleywhere the euergg is taken bg the consumer at a pressure of 30,000voltc; 01: Inore;(11) Gansrnit eIectrica1 energy ill the Damodar Va,lcley at a pressureof 30,000 volts or more;(c) generate any electrical energy at an installation having anaggregate capacity of more than 10,000 kilowatts in any part of theUamdnr Valley lyi~ig. to the north of a straight line drawn east towest passing through a point at latitnde twenty-two degrees, fourteenminutes aud forty-seven seconds a~ld longitde eighty-seven. degrees,Isfifty-one minutes and forty-two seconds except such portion of t*hemun~cipal. nssa of I3urdwa.11 as may lie to the north of such straightline :Provided that nothing in sub-clause (c), shall apply to any person.who was. at' tile commencel~nenl of this Act, generating electricalamrgy at ari iustallation ha,ving an aggregate capacity of more 'than10,000 kilowatts, so long 'as the capacity of such installation is not4. increased :.. .i *: ..gn aggregate capacity of 80,OOO'kilowatts so long as the capacity of... . Providctl flirttl~r that t-lothing in sub-clause (c) shall apply to-the -power station installation of t h feitiliser factory at Sindri havingsuch installation is not increased beyoild 80,000 kilowatts.. . . ..;:. . (ii) The Corporation ma? sell electrical energy to any con'surner in theValley but no such sale shall, except with the' permission of theGovernmeilt - concgrned, be, made to any consumer , requiringa. pressure of less. than 3OS000 volts.--I' ---(iii) '.Che 'corporation ma~,with the permission - o-Gov-$.ernment concerned, extend it,s tra.nsmission system to any area beyond-the Dxmodur Vdley and sell electrica.1 energy in such area.E .19. ]Effect on existing licences.--(1) Where. any licence granted under the;. Jndiaa E1ectricit.y Act, 1910 (IX of 1910), becomes inoperative wholly or partly by'>vfrtuo of the provisions of section 18, the lioenc ~haU be deemed to ha,vc bdnrevoked or modified so as to be consistent with those provisions.p (2) Where a licence is deemed to have been revoked under sub-section (1)the Corporation shall purchase the undertalring of the licensee, and wherea licence: j( 'i-1s modified under that sub-section, the Corporittjon shall, at the option of the licensee,$.efther purchase the undertaking or pay fair compel~sation to the licensee. -.,-.. ..(3)-The purchase price or the amount of compensation payable. by the' Corpora-- ~ifon under sub-section (2) sha,ll be such as m8.y -be agreed to between the Corpora-.. , tion a,nd the licensee or, in the event of disagreement, a.8 may be determined byc arbitration.. . 20. Gl~rges for supply of elect,rical energy.-The Corporatioll slla.11 fix t.11 oPsohedule of charges for the supply of elect,rical eilergy, inc!uding the ~,a,t:es for .bulk.F.supply, and retail distributioll,, and specif>: t,lle ma,nuei. of recovery of sucli cliarges : '--i

21. Other activities of the Corpnration.-(7) Thc. Corporation way establish,maintain ~tnd op~ra.t,t: laboraiories, experirrler~tal and research stations and farmsfor oonducting experiments and research for-(a) utilising t.he .n>atc-r, aleclr.icz.1 t3,rlergy and other resoorces in the mosteccjnomical manner for the developmerlt of the Damodar T?alley,(b) determining the effect of its operations on the flow conditions in thHooghlg river,(c! making improvements in nai-igation conditiofis in ~!IP pnri nf Ca!r.utt~,and(d) oarrging out ally other fu~iction specified iinder section 12.(2) The Corporation may set.up its own planning, designing, construction andoperating agencies, or ma.ke arrangements therefor with the Participating Governments,local authorities, ech~cational and rasearch instit~tions or any personoarrying on tlie business of an architect, an enginccr or. a contract,or.. 22. General powem of the Corporation.-(I) The Corporation shall have thepower to do a:lything which may be riecmry or expedient-f~r the purposea of

6 Darnotlar Valley Corporatiha ~AOT BIVfb) whose ~ltlmovable propertj was rccelving air and 14-hs on accorint.of such Ope11 space or part,alld XV$O has aufiorcd dnmage-(i3 in any case falling under ~IRIISP (0) from SIIC.~ diwon%kiirll;?nce orclosure and(ii) in any case falllug uuder clause (b) from the use 90 ~rhich theCorporation has put such open space or part(3) 111 determinillg the compensation payable to any person uticler subsection(Zj, the Corporation may take into cousideration any benefit accruingto such person from the cpnstruction, provision or improvement of any otherroad, or open space at or about the same time that the road or Ten space orpart thereof, or, account of which the compensation is to be paid, is discontinuedor closed.(4) When any road or open space or any part thereof is permanentlv closedu~der sub-sectlon (I), the Corporation may sell or leave such part of it as isnnt reqnir~d fnr it5 pllrpnses.24. Powers under certan other enactments.-(1) Notwlthstandmg ailyth~nqcontained in the Acts specified in colulnn on? of Part I of the Schedule, themay carry out.all.or any_ of the functions and exercise all or anyers of a ~~IWWXA Government in the Damodar Valley under theprovisioiis of such Acts specified in column two thereof against each item ofcolumn one.(2) Notwithstanding anything contained in the Acts specified in column oneof Part I1 of the Schedule, any officer authorised by the Corporation may carryout all or any of the functions and exercise all or any of the powers of a CanalO.%cer, collector, or Forest Officer, as the case may be, in the Damodar Valleyunder the provisions of such Acts specified in column two thereof agamst 'eachitem of column oneCo-operation and avoidance of submersion25. Co-operation with other authorities to miniinise iaconvenience caused bysubmersion.-The Corporation shall co-operate with the participating Governments,railway authorities and local authorities and bodies, with a view to minimisingthe incoilvenience likely to be caused by the submersion of roads and communioationsand shall bear the cost of any realignment thereof 02 resettlement of anypoGulation rendered necessarv hy such submersion.26. Submersion of coal mines to be avoided by the Corporation.-The Corporationshall make every endeavour to avoid submersion of coal or mineral deposits and shall00-operate with the coal mining industry and the bodies set up by the ParticipatingGovernme~lts to ensure the maintenance of supplies of sand for stowingpurposes in coal rnines and in other ways to ininimise the inconvenience to the coalmining industrv.PART IB)?IFINANCE, ACCO~TTS AXD AUDIT27. Expe~dituse till the Gorpos'ation is established.-All expenditure iurtlrredby the Central Go-i-ernment for and in coilnection xith the establisllnlent of the Corpor~tionup to the date of its establishment shall be treated as the capital providedby the Central Goverflrnent to the Cor1)oration ancl such capital shall bc adjustedbobmeell the Participating C!ovrrnments in accordance with the provisions of sections22. '*T.:;tL\g of propsrty it1 th? Clorpor~t1o:i.--,411 propcrty acqu11.ed and v;orl;sr,,,,,t ~ic:c,l fo: tlle 1~1upo:t P ~i tl:c Uarllo~iwl \':llle) cr!.?:lrc l)cf~.i~ tlic estsbll:l!~~ent:,t t1,c Cc:;x.ition =!:nl! T 2.t ic the Colpor~tior -:.,J :I1 ir!ccr:c r?i:i.,-ec! ?..?c:;I 111 t,i c,i ifr this i ~ li:,lCsl1i71i r iv ?)roi~:rjlf into the lb'iol\c of fll~ Co@tjhr~tion

SF 19481 Damodar Valley Corporation 729. Pmd of the Corporation.--(I) The Corporation shall have it8 own fundand all receipts of the Corporation shall be onrried thereto and all payments bythe Corporation shall be made therefrom. .. %(2) Except as otherwise directed by the Central Government, all mnneysbelonging to thatfund shall bedeposited in theReserve Bank of Jndia or the Agentsof tho Reserve Ballfi of India or invested in such securities as ma.y be approved\by the Central Gover:?ment.30. Liabilities .of Participating. Governrnenlt.~ to provide capital tb the Corpo-.?atinn.-The Pnrt,icipat_ing C?noern_~~iei~ts shall, a,s I:el.eii~after specified, provido the:entire capital required by the Corporation-for the completion of any project undertake:iby it.31. Payment by Participating Government on specified date.-Each ParticipatkgGavernment shall provide its share of the capital on the dates specified by theCorporation and if any Government fails to provide such share on such dates theCorporation may raise loan to make up the deficit at the cost of the Governmentconcerned.32. Expenditure on objects other thau irrigation, power and flood control.--meCorporation shall have power to spend such sums as it thinks fit on objectsauthorised under this A-,t other than irrigation, power &nd flood. cu:ur~Ll.ul aucl suchsums shall be treated as'common expenditure payable out of the Fund of theCorporation before allocation under section 32.33. Allocation of expenditure chargeable to project on main objects.-Thetotal capital, expenditure'cliargeable to a project shall be allocated between the threemain objects, namely, irrigation, power and-flood control as follows, namely :-(1) expenditure solely attributable to any of these-objects, inclhding a proportionateshare of overhead and general charges, shall be charged to that object,an l. . . .(2) expenditure common to two or more of the said objects, incl~icl.ing a proportionate share of overhead and general charges, shall be all~cated to each ofsuch objects, in proportion to the expenditure which,: accordingto the estimatesof the Corporation, would have been incurred in constructing a separatestructure solely for that object, less any amount determined under clause (l),iiirespect of that object. ? . ;&A $ :f .34. Capital allocatedirrigation shall be shared. .: (1) the Government concerned shall be. the works constructed exclusively for(2) the balance of capital cost.and West; Beilgal shall be shared 1tion to their guaranteed annud off-takes of water for agricultural purposes :: Provided that the divisible capital cost under this clause shall be provisionally shared between then1 in accordance wit11 their previously cleclared inten-tions rega-d:ng their respective guaranteed off-takes and any payments madeaccordingly shall be adjusted after the deter~niilatioll of the guaranteed off:bakes.35. Gapital al.Iocated to pawer.--The to@ aluount of capital allocated t:o 1jc;ivershall he &red equally between the three Participating Governments.38. Cspital aIlocsted to flood control.-The total nlnount .of oapital I I to ~ f$~trteen i1crorcr of Yupees allocated to flood coiltrol shall be. shared equally betxkecn t.he Central. -Gooernment and the Govenlment of Wcst Dengal nnd ally ai.;lonrlt i:? esccssthsreof shall be t'lic, liabllif..y of the C$overnnlerlt of West Ber!gd. ;37. D~I)os.%~ of profits a?ld deficits.-(1) Subjcct to thc p?o\'isio~ls of ~llb-~i'~.!i~~~ i(2) ofsoction 40, t.11~ nl@t fliofit8, if nr?y, nttributallo to each of the three rnf;in objectg,r!ari-ielg-, iriiga.tiar;, i~o:'" KE:! flood cc:lt,ro!, ski.!! be crrcEtr~:! to t.lle T'r.rtic.ip!!,t.i,!n 01. .$.,L'& L,.] fi.c .!'qs-!l. . .i I'j1

8 Darnodar Valley Corporation [ACT XIBGovernments in proportion to their respectirk shares in the total oapital cost attributedto tho6 object.(2) The net deficit, if any, iq,rwpcct of t~11y.of thc objccts shall be made goodby the Governments concerned in the proportion specifid in sub-section (I):Provided LllaL Lhe riet deficit in respect of flood control shall be made goodentirely by the Governnlent of West Bengal and the Central GovernmenhehaU have no share in such deficit.38. Payment of interest.-The Corporation shall pay interest on the amountof capital l~rovided by each Participating Government at suoh rate tw may, fro= timeW time, be fixed by the Central Governmentiand such interest shall be deemed to bepart of the expeilditure of the Corporation.39. Interest c'mrges and other expeases to be adad to a d receipts taken forred~ction of capital c~~t.-For a period, not exceeding fifteen years, from theestablishmcnt of the Corporation, if the Corporation runs in deficit, the interestoharges and all other expeizditure shall be added to the capital cost and all receipt.shall be taken in reduction of such capital cost.40. Provision for deprecistior: aqd reserve and other fuad8.-(1) The Corporation. eli~ll make provision for depreciation and for reaerve and other funds at suoh ratesand on such terms as may be specified by the Auditor General of India in consultationwith the Central Government.(2) The net profit for the purposes of section 37 shall be determined after 8uchprovision has been made.41. Corporation's share in betterment levy by minents.--I;ithe . t 1 5 i 01 any betterment levy being imposed by a ernment, theproportions te pro& thereof in so far aa they are att operatione ofthe Corporation ~ hdl be credited to the Corporation.a. Bor~owkg of money.-The Corporation may, dth the approval of the ~elltraaGovemetxt, borrow money inthe open market or otherwise for the purpoaea of o&mingout its functions under this Act.43. Liability to pay (lantral taxes.-(1) The Corporation shall be liable to payany taxes on income levied by the Central Government in the same manner and tothe- same extent a4 a company.(2) The Governments shall not be entitled to any refund of anysuoh taxe~ paid by the Corpiation.44. Budget.-(1) The Corporation, in consultation with the finanaial adviaer' sh2ll in October each year prepare in such foim as may be prescribed a budget for- the next financia1 year showing the estimated receipts and expenditure and theamounts which would be requad from each of the three Participating Governmentsduring that financial year.(2) Printed copies of the budget shal! beI'articipating Governments by the 15th day of(3) The budget shall be iaid beforeLegislatures ccnccructl as boon as 1ll;ty be45. Wnrtual Be~rt.-- (I)'The Corporation shall prepare, in such form as may bepro;cribec\, an annual report mlthi:l s i months ~ after the end of each financial yeargivlng a true and faithful account of its aciiviiies during the previous financial year,with particular reference to-P(i) irrigatim ;(ii) water supply ;(iii) e!cctrical energy ;(ic) floor1 oontrol ;(I$) n:,\-igatimi ;(t,) zf?o.estxt~on :/&-ld$, fjI- /?'?-c.: : CR--at )G 19'Jb-.?,u,&,

OF 19481Damodar Valley Corporation(vii) soil erosion ;(wiii) use of lands ;(ixj resettlelne~~t 'of displaced population ;(x) sanitation and public health measures ; snd(xi) economic and social welfare of the people.(2) The arinual report shall also give a true ind faithful account of the incornsand expenditure during the previous financial year, the net amounts attributableto each of tho three main objects and tho distribution of the capital costl?etween the three Participating G;ovor~me-ltu and show the progressive totals from .-. the iiiaeijtio.i of the ,corPorsGon sz4 the np 5~ .l& finmcia! r~??1i.fi~(3) The payments provisionally made by each of the three Participating ~overrimonkon the basis of the budget ostimah shall be adjusted as soon as possible inaooordance With the allocation made in the annual report.(4) Printed copies of the annual report shall -be made available to each of thethree Participating Governments by the 15th3ay of October each year.&(5) The annual report sha.11 bo hid beforeLegislatl~ros concerned a3 soon oe may be after it """h+y;A.o=1s prepared46.. Other aonual fiaaqcial- 8tsrternmts.-(1) The Corporation shall also preparesuoh other annual finanoial statements in such form and by swh dates as .may bepreeoribed... .(2) Pi.i:l$ed of each such -annual financial ~tabmeilt shill be inadeavailable to each of tho threo Participating Governments by ~luch dsbtc as may heprescribed. -.47. A ~ n nand t ~ Audit.-The accounts. of ihg Corporation shall be miintained. and audited in suoh manner as may, in' oonsultation with the Auditor General ofIndia, be prescribed. ,PART V -. MISOELLAKEOUS !48. Dhtions by the Central Governmest.-(1.) In discharge of its function;. Ithe 'Corporation shall be guided by such.instructione on questiow of policy as maybe given to it by the Central Government.(2) If any dispute arises between the Central Government and the Corporationas to whether a questioq is or is not a quesiion of policy, the decision of the CentraljjGovernment shall be final...iI49. ~i~isputss between the Cbrporatioa ard Governments.-(1) Save as otherwise-jexpressly provided in this Act, any dispute between tho Corporation a.nd any PartioipatingGovernment regarding any mather covered by this Act or touching &- i.amsing out of it shall he referred to an arbitrator who shall be a.ppoin$ed by the.1IChief Justice of India. ' . 1(2) The decision of the arbitrator shall be final and binding on the pa-ties.50. Compulsory acqui~ition of laqd for the Corpo~stion.-Any land required bythe Corporation for carrying out its functions under this Act shall be deemed tobe needed for a public purpose and such land shall be acquird for the Corporationas if the provisions of Part VIT of tlhe Land Acquisition Act, 1894 (I of 1894)were applicable to it and the Corporation were a company.witl~in the lueacing ofclause (2) af sectici? 3 qf t\e ~xid Act.51. Control OF Central Gove~rumemt.-(1) Thc Central ~o\-ernn?c;lt !na.y..remove f~om the Corpora.tion any lnernber who in its opinion-(n) rof~iscis t,n act,,?ji~~:ii~ iilO:ilihl.,!e Of :c:iiig,(f,; :,KS/, S~rlie. 4.h /95c.s..;:,,L.4..,

Q 0 Darnodar Valley Corporation [AOT gfV(c) has so abused his position as a member as to render his continuanoe. on the Corporatioil detrimental to the interest of the public, or(d) is otherwise unsuitable to continae as member.(2) The Central Cfovemmeilt qay suspend any member pending an enquiryagainst him.(3) NO order of removal under this section shall be made unless the memberconcerned has been given an opportunity to submit his explanation to the CentralGovernment, and whcn such order is passed the seat of the member remove2 shallbe deciared vacant and another member may be appointed under section 4 LO fillup the vacancy.(4) A member who has been removed shall not be eligible for reappointme.:tas member or in any other capacity to the Corporation.(5,) The Central Government may declare void any transaction in connectionwith which a member has been removed under sub-section (1).*(6) Tf hheC~i-poration fails to carry out its functions, or follow the directionsissued by the Central Government under this Act, the Central Governmentshall have the powor to remove the Chairman and the members of the Corporationand appoint a Chairman and member,$ in their place:.58. Application of certain provisions of the Indian Forest Act, 1927, to the forests-of the Corporation.-All acts prohibited in respect of a reserved forest under section26 of the Indian Forest Act, 1927 (XVI of 1927) shall be deemed to be prohibitedin respect of any forest owned by orunder thesupervision or control of the Corpora.tion and all offences in respect of such forest shall be punishable under the saidAotas if they were committed in respect 6f a reserved forest.53. Penalty.--Whoever contravenes the provisions of Sections 17 and 18 ofthis Act or any file made thereunder shall be punished with imprisonment fora term which may extend to six months or with fine or with both.54. Procedure lor prWecution.--No Court shall talre cognisance of an ofEence-under this Act except on the complainf of an officer of the Corporation autho-.rised by it in this behalf.55. Power of entry.-Any officer or servant of the Corporation generally orspecially authorised by the Corporation,may at all reasonable times enF_er uponany land or premises and there do such things as may be reasonably necessaryfor the purpose of lawfully carrying out any of its works or of makil~g any survey,examination or investigation preliminary or incidental to the exercise of powersor the performance of functions by the Corporation under this Act.ers and servants of the Corporation to be public serofficersand servants of the Corporation, whether appoiuttheCentral Government or the Corporation, shall be deemed, wheno act in pursuance of any of the provisions of this Actwithin the meaning of section 21 of the Indian Penal57. Protection of action taken under the Act.-(I) ?To suit l)rosecution, orlegal proceeding shall lie against any person in the employment' of the Corporationfor anything which is in good faith done cr purported to be clo1~e under(2)' Save as provided in the Act 110 suit or orher legal proceedinglie against the Corporation fol any darnc~s cr+c~sd or lielg. to b? e9119edzr2 Plly{birlg irl guod f~itl, done orto kto dn?t' R*:~? t?~k.~cb.

ICon~adnr Valley Corporation58. Effect of other laws.-The provisions of this Act or any rule made thereundershall have effect notwithefanding ~eything oonhiined in my enactmenk"ofher than this Act or eny instrument having effect by virtue of any esaotxnenbother than this Act.59. Power to make rules.-The Central Goveillnlellt mayL by notifioation ir9the offioial Gazette, make rules to provide for all or any of $he followiug math 1namely :-(I) the salaries and allowanceo and conditions of service of members,$he secretary and the financial adviser; 1(a>.$the functions and duties of the financial adviser; ,.+-(3) the dams or o$her works or the installations which may be constructedwithout the approval of the Corporation;(4) the forms of the budget, the annua1,report and the annual financial 4statements and the dates by which copies of the annual financial state- -3ments shell be made available to the Participating Governments;*(5) the manner in which the accounts pf the Corporation~shall be main-.:Itained and audited; 3(6) the appoii~tineiit of an Advisory Committee; aid~31 B'.{(7) the pul~lshment for breach of any rule made under this Act.60. Power to make regulations.-(1) The Corporation may, with the pre-4*vious.sanction of the Central Government, bx llotificatioll in the Gazette of@ 1!India, make regulations for carrying out its fui?ctions under this Act.(2) In particular aild without prejudice to the generality of the foregoing PoKOt' =in such regulation the Corporation may make provision for-(a) maicing of appointments ailci prornotions of its officers and servants ;(b) specifying otrher conditions of service of its oEcers and serva,nts ;(c) specifying the manner in which water rates and charges for electricalenergy shall be recovered ;(d) preventing the pollution of water undel; its control ;(e) regulating the taking out of fish from the water under it8 control ;(f) regulating its proceedings and business ;(g) prescribing punishlllent for breach of any regulation.(A) All regulations made under sub-sections (I) and (2) shall, as soon as possible,be published also in the official Gazettes of theActs(See section 24)PART IProvisions of the Acts specified iu column(1) (2)-1. The Canals Act, 1864 (Ben. Act--X- 9collection).8. The Indian Forest Ad, 1927 (XV1 of 1927) Section 36 (Protection of forests for specie! upurposes). 1Section 36 (Power to assume maneeemelit .offorests).,1

12 Da~nodar Valley Corporation [ACT XIV OF 19481Acts provision^ of t~he Ant8 nperified in oolumn (1)1. The Bengal Irrigation Act, 1876 (Ben. Act Part 111 (Power of the maintenance of canals).I11 of 1876). Section 41 of Part IV (Po* of Canal Offlcerto issue notice to person canking obstruction).Section 42 of Parb IV (Power'of Canal Officerto cause obstruotions to be removed).2. The Bengal Etnbankrnent Act. 1882 (Ben. Part. I1 owei is of ~ol1eotdr'-and procedur~Act I1 of 1882).thereon).Part I11 (Powers of Collector in cases of imminentdanger to life or property).1. Tho lodig11 F.or:st Act. 1927 (XVi of 1927) Section 30 (Power to assume management offorests),

CONTEN13$ep.SECTIONS. , .1. Short title, e ~ta~t and co~ninoncoment.2. Interpretation.3. Establishment and incorporatio2 of Corporation.4. Share capital and shareholders.5. Guarantee by Central Government.6. Management.7. Powers of Exacutive Committee.8. Advisory Committee.B. Marlaging Director.10. Board of Ilirwtors.11. Terrn of office a.nd retirement of Directors.12. Disqudification.13. Director's absence from throe consncutivo meetings.14. Al~pointnent of o%ot?rs, itdvis~~s, etc.15. Chairmarl of the Honrd.16. Executive Carurnittee.17. M~eti~lgs of Board and Committee.18. Ofices and zigeccies.19. Deposit Acconnts.90. Investmunt of funds.el. Borrowing po\vors.R2. Deposits with the Corporation.23. Business which the Corporation may transact.24. Limit of accommodation.95. Power to impose conditions for accommodation.28. Prohibited business. -&7. Loans in Foeeigr; currency.28. Rights of Corpnration in case of default.29. Power to cull for repayment before agreed pariod., 20. Special provisiolls for enforcemer~t oS claims hy the Corpgntion,I , 131. Act XVIII of 18!)1 to apply to the books of tlio CO~~IO~ULIUR32. Disposal of profits, 83. General meetings.i34. Audit.85, Retors- (P-' i56. Acquisition of shares by the.Centr'a1 Government.-37. Liquidation of Corporiition. , -. 38. Indemnity of Directors.39. Declaration of fidelity and secrecy. eo40. Provision relating to income-tux and supor-tax.4 1, Offences.42. Power of Central Government to make rules.43. Power of Board to make, regulations.tr.THE SCHEDULE,

the Industrial Wnmce Cloqmrati~n of In&.issue methods is . impra. .rn..pl..l.-SkAs-(a) "Board" means the(b) "Corporation" .meansestablished by this Act; 3'~3. .,. ~gablishment and incorporation of A Corporatio~~ to:ailed the Industrial Financebo established for;purposes of this Act,e -.ti) The Corporation shall, lo a boay -qorporate\by the name of the Indus-I'Finanoe Corporation of' India, having peyetuq! succession and a common- with power, subject to the provisio~s of this\ Aeb, $3 -eoquirs and holdarty, both lrlovnblo and immovable, and shall by tho said name sue andged.,,. .; r ..:. Share ctsp1t.a; f3a+fdem.--(1) The r,ui$ojris-ed , capitnl of ti>eort~tion sl~nll be kn crorcs of rupeefi divided into twent,y thoiiaanci fully7 -,-:up sllhres of five thousand rupees ennh of wbioc ten thousfind shnres catktal Tslue oi five crores of rupm shsll be isoued 'u the first instonce, en%-:.j- pF8+d-& &YW- -&em 4-7-194fs- *lfl%%*flfl. lo(\ LC,) F.,/4~?,d,. /s--&-Gf,5. k:& .j. &-@. i.1. 62 3p. ,&+ ,A2 ~.n.795t,-.\?,i?

.,. .':-"%&. ,;c,%:%r.c*I-ndustrial Pinance Corporation[ACT HWng shares rnag be issued with the sanction of L1.e Central Govern*time to ti,iie :is ~II!! wtlei~ tbc! Co:.l!arat;ion may dearn fit:.al issued in the first instance, the Central Governmeiifi cuidion shall he allotted more than ten per cent. oflass of institutious to wh.ich it belongs.By the Cantral Govern~ncut arid the Reserve Bank inSe :rgreed on between them:&ntral- G.ove1.1~mcnt and the rieserve Banlc may dig*scribed for by them in p:irsnmce of this ~111)-seetion,. insurance comp:tny, invcstmant trust or other libGovernment.,,-.. - .

P 29481 ca Corporation 8m:llC!lt ?is Ti)ny Court of law.L~IC ~~'UU~IC!S ~OPu;,. 'J:tle (lecisicjn of the? (.:e~~(-~~,l Govtl~oJ3ofird shall not be q:lestioned inioerd::orporation irr i:li~ cfl'!cic;~t discharge ciin particular for therurposc of ~~~~~~iris; ii!nt tl~ose failc:ions csorciscd miti, dae regard to theircumstauces, conditions prevailing in ti)!of particular areas.' 9. panaging Director.--The h'lana,g'ng(a) be a whole time officer of> ..?-.(b) perf~'rm such duties asor delegate to him;regulations, entrust.(c) hold office for four gea.lss(dl receive'stlch sa1a.1-y andof the Central Goueruncnt,< ''- 10. Boaid of Direclors.-The Eoard of Dir'petors shall consist of kbe follow-), na~riely :-r(a) three Ilirectors nominated by t114 Central Go\rcl6nrnent ;(b) ttvo Di?ectors noj,-!inaLed by theoa1.d" of Chr l'i'escrveBank;(cj two Directors elected in the pres nmnner b~ tho sched~~led.'.ba&s who are shareliolders of the Corpol .i".(a) ~ K O 13irset,ors elected in tho prescr by the shareholders'1 Iof ttle Coypor:~tioi~. other than the Centrq t. {.he R"sprye Rank,schedu!ed bank-s and co-operative 17-(e) ty;o Directors'e'lectsd im the pre r by t.13~ GO-operative . .'banks who are shareholders of the Corp-one lfanr~gi~lg Directtor ~ppohteral (?overllment afterof t,hC recommendation-(i) in case 3f the first appthe lieserve Bank;e Centfill 13oai.d of-. (iQ in the. case of subseq&iltProvided that. on the ' f rst conetitutioli of J3oard the Direciomreferred t,o in clauses (c), (d) and (6)$olrernlrlel]t to rcpreserlt tile clusses othe said clauses, nild Di1.ector.s :lo1Be Ijurl,oses of this A~ct he deemed t.J'ie;.idc,d fLlrt>iiii. tl;ai all Eireetors of thc !Jaah Rrii Co~rrtittited otherthe JIgn?-;ing :);r.e.cior sh;lll !.et.i!>e'at thc ~114 the first geili-.

a41ndzr strial' Fimncs Go~~oratiun xv(2) .4u eiecte - Director shall hold office for four ge~brrj:Provided thntkne out of tho tsro directors elected 40 represent the shareholdemreferred tq in each of the clauses (c), (d) and (e) of section 10 sball,retire a,t the end o two years after the firfit-election: the directors so to retirsahsll be detcrmioaigb7 lot:Provided further an elected Director shall be required to continue inhis office unt'l his s r has bee11 elected :Provided further Director shall be eligible for re-electioi. for not mm&an two full conse berms after the rotation of elected Direotors hwbegun.(3) A casual vac 11 the office of an elected Director shall be filled byelection b~tl a Dive cletcted sh311 hold cfhe :'or the unexpired portio~,of tbe tern., of 11's ])r

',t?f 10483 \ Ind~~skial lf'inatrce _C_orporotionCiI(2) A Ilireotor elected td. be a lnernber of the 1:xecutiva Committea shallhold office as such for the rest ~f his term of offiw m Director for whioh heis so elected.'\17. Meellngs of Board an& Committes.-(I) Meetings of $he Board and of:kheExecutive Comlnittee sha be held at such times and at, such places sppay -be prescribed :/C(4) No Direchor shall vote o~i anhg an industrial co~cernin which he 16 clirectly or indirectly(5) If for. any reason the Cllairnl e present at a meeting--(a) of the Board, a llirec the ' Managing Director)aufhorised by the Chnirrnan inhalf shall preside at thatmeeting and in default of s e Board nlcly elect aCljaimar.1 to preside ah that meetin(t) of tile Executivemember authorised in writing -bythe Managing Direct{,r shal! prand in default of suchsuthorisaticn the Executive C,a Chairman to presideat that meeticg.18. OBces and a.gencies.--The Corporjn Delhi and offices in Bombay, Cthe previous sanctioll of the Cent ish offices or agencies.1b other places in India.19. Deposit Accounts.--The Ci&be Reservo Bank or with any agmment treasury.Ii'20. Investment of funds.--Thits funds in thesecurities of the Cetltml Gove,imn21. Borrowing powers.--(1) Tebentures tor-iaying interest for' Provided 1;hat the total amostanding and of the con tingelitralltees given by it or underrBnytime exceed five timesbho reserve f~ild of t.he Corporation.(2) Bonds &nd debentures oCentral Government as to theinterest at, such rak as mayficommendntion of tila Roard rc* 22, Depasits with the~or; @piro:fi i.he ~clmyiiL!c :~!tcr the expiry of a period \~hic!i shrill not be,less L~&I:I:fire -pars from thr dnlc! of the moliiog of ill. delloiri\ on6 on such other termsit, thinks fib:a f

@:yw.sF7:*..,Zedustrial Pimnce Corporation.Iaoy nv:'total urr~ouut of such dzposits shall not at ttng time exceedthe Corporatioa raay transact,--(7j The Corporstionof this Act. be suthorisud to carry on adI)USill(~ss, 1;x;xlelv 1-as may bo agreed upon,(I) are kpayatle within a period not exceed ng twenty-five years- and t 15:;es2$z$. (ii) are ionted in the public rnavket; 25, Prohibited business.-The Corporz jon shall not--(a) nccept deposits exc'cp.t 8s pro+jded by this Act,;fb) i\irectl t.6 the shai+d?-oi. st,ocl: of any cornpan:: havingiPirnlted liability :.- ~ ~ ~ \ -glt:t i d ~ zIDtilIr!,: d iI7 C',aUs~ (1,) ~hn!ik~.iieci. - . tl~r i'ig?it of !!::: Co?13nrntinnI,,.' .. -frcii;u~rc anv s!rayc>s, ljollriR 0:' dC\)ent.ll~(:~ $0: CC>!I~~),

QX 19481industrial Finance Corporation7\-2.7. Loam Ira foreign curdf?ncy.-(1) Tho Corporation mag, for Be purposeof tnsking loans or stlva~icet;\1to illdustrial cotlcerns requiring to be finui~oecl inforeign curreiicy, borrow, wli the previous COIISO,YI~ of the Cenhral Govern.m.ent, such currency through lie Interi~at,ional Unnk fur lieconstruction andDevelopment or otherwise,Q.zn rnny pledge, mortgage, hypothecate or assign$0 the said Sanlr'or other fore ri lender all or any part of the security takenby the C~rporation frotrl the in ustrial ctoncerns for the loans or ndvancefagranted in foreign currency. 7(2j All loans and advanceefI de to illdustrial concerns in foreign currencyehull be repaid in the currency i which they are made or its equivalent inIndian currency at :he rate of ex iange prevailing at the time of repayment.'hi28. Rights of Corporation in %a e of default.-(1) Where any industrial concernwhich is under a liability to th Corporatioil under an agreement nlalres aaydefault in repnj~aellt or otho\vise 11s to conlplg with the teixlis of its agreenlent with the Coipo~ation, the Cor oratlon shall have the right to talte ovcsrthe mrtnagement of the coucerri, as a,,lI as the right to se!l and xlalise the propert)pledged, niortgaged, l~,vpc)theca\ed or assigned to the Corporation.(2) Any transfer of property the Qorporation in exercise of itspowers of sale and realization(1) shall vest in the transfereeall rights ic cu. to the propertythe sale had been made by theowner of the property.(3) Thc Corporation shall have the s e rights and powers with respect togoods manufactured or prodrlccdpartly from goods forming part ofsecurity held by it, ns it had writ11the original goods.(4) '\r!:ere the Car-porntion takes over he management of a coslsern under\the provisions of sub-section (I), it shall b' deemed to be the owner of suchconcern for purposes of suits b.v or ag:iinst uch concern and shall siie and beksued in the name of the owner of the concer .29. Power to call for repayment before period.-Xot~vithstmdingany agreement to the contrary, theby notice reqcire anyindustrial concern, to which it hasadv~irrce, forthwith todischarge in full ~ts liabilities to thein) if it apl2enrs to the Bot~rd that fa or misleading ilifornlation innng material particular was given in thefor thc loan or advance;or4(b) if the industrial concern has failed't comply with the terms of it#roi~tract with the Corporation in the matter f the loan or advance: or(c) if there, is a -reasonable apprehension he ind:lst.ria.l concern isunable to pay its debts or that proceedings uidatio-n may be commeucedin respect thereof; or(d) if the property pledged, mortgageated or assigned to4he Corporation as senuritv for the loanis not insured andkept insured by the. industrial concern to then of the Corporation;or dcpreciatei in value, in the opinion of th y xiom than twentyper cent., nnd further security to the satisfaBoard is not given;or(e) if, witl~out the pern~ission of the Board, m\chiiiery or other equip-.xnent,, n~hetller forming ~lart of the security or 0th rxise, is retnoved fromthe pre~i~ises of t!~e indristi*ial Sotlcern \vit,hout bein ?i rrplnced; orif) if for IT j.c,\co!: it ;$ ... --?-. !~t.c.&ss:lr,y in the opinionbf the pc,:?~:! to protectt,he il~t.c~.rerl:s of !.!:. (?fii-jioi-:~tion. \30. BpcclaP provisi~~s fcr cnforccnent of claims by +e $,orporation,:--(QLiere by reason of t11e brcacll of any cc;nr!itjo~l of ar; i, ~e-rrte~lt between the7-

$%-:' , .,. 8 Idus tdaE Pj~rruace Corporation [AW Xvan industrial concern the Corporation becomes entitled $o callpayment of. any loan or advance granted by it, before thethe due date hns expired, and the industrial concern fails tvadvance, any officer of the Corporation generaJly or especiallyBoard in this behalf may agply .to the District Judge withinwhose jurbd'ction the industrial concern carries on the wholeof its bufiiness for one -or more of the following reliefs,namely :-4.for the sale of the property pledged, nlortgaged, hypotothe Corporation as security for the loan or advance,3(b) for tm&sferring the n~ailageir~eat of the industrial cdilcern to tho' Corporation, or \*(G) for an interim injunction w!iere there is appl-ehension of themachinery or the :equipment being renioved from the premises of the ii~d\ls-Mal-concern the permission of t.he Board.sub-section (1) shall state tihe ~xliure and extentcoilceru to t3he Corporation, the ground 01:ae mag be prescribc!d.nleiitioi~ed ii-i sub-clauses (a) andpass nil ad intet.im. order atatachingof the industrial coueern as would on&mount equivalent in slue to the outto the Corporation together with thethissection with or without a.n ad interimconcenl from tsransferring or removing -ib'(ti) Before passing any under sub-section (3) or sub~sectioa (4), theDistrict Judge may, if h, examine the officel* ~~iakinp- the application.(6) At the same time a. es an order under sub-section (31, the DistrictJudge. shall issue to theconcern' a notice accompanied by copies offhe order, the appli~~tio evidence, if any, recorded by him, calling'~pon it to show cause on be specified in the notice why the ad interimorder of attachment should not b$ made absolute or the injuli6tion c.onfiri~led.or tzansfer (,heconfirrn the :n-(8) If cause is shown the shall proceed to investiga.to theclaim of the Corporation ancl of t.he Code of Civil Procedure (Vof ISOB), fihnll RS fa.r a.s such proceeclings. - ,(9) On an (6) the Elstrick Judge RIx~61paw an order-'iP(6) confirming the orde't. of at.tc-shmcnt tind direi$ing t:he snle. of t;glasftachbd property, or -%

(b) varying the orderiof attachment so as to release n portion of theproperty from attachmen$ and directing the wile of the remaiild~r of theattached property, or 1I(c) releasing the propeGg £row nttachment, if he is satisfied that it ;s- not necessary in the intere\ts of the Corporation, op '(d) confirming or dissof.ing the injunction, or(e) transferring the ma gement of the industrid couceru to the C'orpmtionor rejecting the cl made in this behalf:Provided tbat when making$=rder under clause (c), the District Judgemay make such further orders thinks necessary to protect the interest&d the Corporation, md may n the costs of the proceediilgs in suchmanner as he thinks fit:' Provided further that unles rporatioil intimates to khe District JudgeQhet iti will uot appeal against any orqer releasing any property from attachnient,such order shall not be given effect t$ until the expiry of the period fised undcraub-section (11) within which an may be preferred, or if nu appeal ispreferred, unless the High Courtdirects, until the appeal is disposedof.(10) An order of attachmentwrried inth effect^ as far asCode of Civil Procedure (Vor sale of property inexecution of I\. decree, as if the(11) Any party aggrieved by an ord ub-section (7) or sub-section9) may, within thirty days from the order, appeal-to the High6 urt, and upon such appeal, the Hi p after hearing thc partiespa& such orders as it thinks proper.(18) Nothing in this section shell be , where proceedings for liqul-detion in respect of the industrial concmmenced before an applisobionis made under sub-section (1) asCorporation any preferenceover the other creditors of the industrial cohcern not conferred on it by anystaier law. 4,(13) The functions of a District Judge unaer this section shall, in n Presidency-town.be exercised by the Ghief Judge oithe Small Cause Court.-81. Act XVIII of 1891 to apply to the boo of the Corporation.-The Carporationshall be deemed to be a bank for the urposes of the Banker's- BooksEvid~nce Act, 1891 (XVIII of 1891). 182. Dlsposal profits.--(I) The Corporation 11 establish n reserve fund.(2) After making provision for bnd and doubtf ebts, depreciation of assetsand all othcr matters which are usually provided y bankers, the Corporationmay out of its net annual. profits declare a dividProvided that for so long as the reserve fund than the paid up sharecapital of thc Corporation and until there has b aid to the Central Govmmeatst1 !: -111 I*, :? ;I:>:, ,,s that Governme have paid under thegdgranteo g - c.i i: pt::s:la:lcc cf section 5 or cy guarantee gi~en inpursuance of sub-section (2) of section 21, the uch dividend-shall notexceed the rate guaranteed by the Central GOVJ'rovided fui !her til;lt under no circumst anthe rate of five per cent per mnum and if in$he reserve fund bcco~nes equnl to the &are cafkr declariirg n dividend nt tl~at rate ally sul,lue shall be paid to the Ccntral Governme~it t".'m, Geaeral rnectings.--(I) h general nlcet8ing (her'inafter referred to as the?L~XM~LIA~ gencml rn~uting) shrill Lo hold r,i~nunl!g ot ri p , h ~ in Todil; where there4'4'

110 Industrial Finance Corporation [ACT xvis an ofice of\\-it.;? ri t,\q.i, ~:~ontlls from ihc date on whch -and a general lrieetii~g may be>meeting shall be entitledon the worlring 01 thcCorporation through0 t the year and the auditors' report on the annual baiancz-.sheet an(\ accounts.'p\,'.34. ~udit.-(1) hi affairs of the Corporation sha1.l be audited by not less. $han two .auditors quabfied under section 144 of the Indian Companies Act,,1913 (VII of 1913), to +ct as au8itors of cornrgnies who shall be a~lpointed bykhe. Ceutral Government:,ou such remuneration as the Central Gover~irr~e~lt mug '1. fix, and such rerriuncrntilpn shall be paid by Corporation.' ,.(2) Every auclitcr shalt be supplied with n copy of the annual balance-sheot.f* of the Corporation, and 'it shall be his duty to examine it togctller ~ith thzaccouiits and voucllers rekatilig thereto; and every auditor shill1 h:we a list . -.. delivered to him of all !jo:)gF kept, by t9he Coq?oration, ancl sh:lll at all reasonabletimes have access 1.0 the ilsoolis, accoullts ancl other (10-un~ents of the Corpora.tion,RQC~ may in relati4n t.0 such accounts exailline any Director or offi-r(of: the Corporation. I\r: (3) The auditors shall m$,l,lre a report to the shareholders upon th%. a,nnual~ /la.lance7sheet and accuunls, &pi1 ili every such report tliey shall state whetherin their opinion the balance-sI\eet is a full and fair balance-sheet containing allnecessary particulars an.1 l~rop$rly'clrawn up so as to exhibit a true and correctview of t,he slate of the aflaiks of thee Corporation, and jn case they hare: .called for a n esglanatiol~ or if~fiforxr~nt.ion from the Board whether it has beengiven and whether it. is satisfac$ory:-.i (4) The Central Go~er~?ment at any timc issue directions to the au2itut-s "requiring them to report to it the adequacy of measures talien by thei corporation for the protectio,l sl~areholders altd creditors or upoil the .'1 ~ ~Eciency of their procedi;re in the allairs of the Corporation, and. mayr at any tirne enlayge OY (3xte1id of the t~uctii. or dixct that a d:fFerent\.--procedure in audit be adopted or d?$ect that any other examination be ~naita byf the auditors if in its opinion the pdblic interest so requires.I.; 35, Returns.-(1) The ~.of~~oratid,n shall furilish a statement in thc pre-5 rscribed form of its assets and liabili&es as at the close of business on the last' Friday of em11 rrlonth, or if that a public holiday under the Negotiahlc?instrrrments ~ct, 1881 (KXVI of 1 as at the close of business on thep preceding working day, to all within tell days from the date toi which the statement relates.' (2) %The Corporation sliall furnish b the p~~iac~ibe(1 form to the ce~>.trsI$ Government and to the Reserve? V:;!I~. of ihc;jr Ceilf;r;l! !:o\~ctr~-\~nrn+ ni ni~y i'mc c1rr:idin:; lo k\(.~i~i~'6 t110 s11:lres I:c.lrt liy sli:~re-1 so, rlt.~.s ofl~e!; tl1;1,1 :.!I? Cc~,~t,~~~il C:o~:c~,~nne!-~lr 41:d bile 13~serve T3nlrli the sl!:~rp.-ho:clcrs sliilll LC: paid for t.he s!lhres so acquir$d nn n~i~oun( equal Co t11o pai(i...,:i;ik.','

pr 19481iIndustrial Finance Corporatiotz$.up value of the shares to ether with a premium calculrited at the rate of oneper ceut. of the paid up alue for every gear from the date of issue to thedate of ncquisitiou, subjecti. o a maximum of teri per ceab.37. Liquidation of Corpo ation,-No provision of la,w relating to the windingup of con~panies or cor orations s1S1~!1 3pl~l.y t~ he Cotporat on, and the $ ,a+Corporation shall ilot be plat d in !iquiciatiorl'save by order of the Central GOT- "1ernvleut and in such mancer s it nlay direct,.d38. Indemnity of Directors (1) Evcry Direclar shall be indenlniSec1 by the 1Corporation against all losses 14 esprlises incurretl by him in GI, about thodisclrarge of his duties, excep such as are caused by his own wi;ful act OP !Idefault(2) A Dirertnr shall nob be for any oth~r Director or forany ofFicer or seronnt of thefor an5 lnss or expense resulting tothe Corporation \)y of vii1i:e of, or_titli: t,o, any 3property or securityof tho Corporatioll, or by t-he\vror-lgful act of nl-I," ;,crrsi,~: t;n,ler bl~li~ntio!l to the Corpnratiorr, or by a~l~l!~ir;gdolie ill good fi:h ill thi: esccl~ti u ol the dutles of his ofKtice or in relatioaIllereto. t39. Deciaration of fidelity and Director, auditor, officer oeserva~it of the (.'brllo~.;ition sh;lli,his il~!ties, rr:i~iic a declnrationof fidelity and secrecy ill the i4m sct out in the Schedule.t40. Provision relating to income-ta4 and ~~per-ta~.-llor the DllrposCs of the 1fndian Income-tax -Act, 1023 (11 of 19;-"2), the Corporation shall be deemid\to be a compnnv witl~in t l meaning ~ or that Act and shall be liable t'o iucoie.tax and super-tsa accordingly on its inlime, profits ancl gains: 1Provided that arlv sum paid by the C+tl*:tl Government under the gua,rilnteegiven in pr~rsllance of section 5 or undert\any gl~nrar~tee given in pursuance ofs~ib~sectioi~ (2) of section 21 shall not be( treated as the income, profits andgains of the Corpomtion, and nnv i1iterest3;m debentures or honds'paid Sg t h ~..Corporation out of such sum sllall not be treated as expenditure incurred by it:!% i II'rovided further that in tliedividend ds has been paid out of an,yment, shn.11 be deerried to I-,e his incometo be income-tax free within .the meaningiito be given to theAct u~ilfl~lly makeswith both.(2) ~hmeaer uriflln~~t tlie COT IS^^^ 111'(3) No Coi~rt sl~nll tnlre copnixnnre of. otlirrtrise thqn pn a c!orr!r>l;iil.lt ill writ.:nrsuthnrised,... %y the Ronrd in this behnlf.\$2: Power of- Central ts,overnn?ent, t.5 nxke .'ia~,eS.y-Thr C~rltr~l c:nv?m~;)efi~fin- rn:rlre mles not inronsisterit with the I;!;nvisions\of 2,hIs Act. to rfi@&Bfct'tl~e provisions of thi-s Act, n~,d where ,.fyherc, is Anv -inconsisf~nr.~ .het.weorltlie rules and t.he r6gulotiorlt mnde under this Act th\ rules shall pre+%il,- . .

12 Industrial Finance Corporatio~ [ACT XV.43. Power* of Board to make regulations.--(1) 'l'he Board may, afteroon6ultation with tbe Reserve Hanlr and with tihe previous sariction of the.Central Government, make regulat'io~is not inconsistent, with this Act to providefor all matters,fnr which provision is ueuessarp or expedient for the purpose ofgiving effect to ',the provisions of this Act.(2) In parttcular and without prejudice to the generality of the foregoingpower, such regvlatiohs may provide for-(a) the 'holding and corlduct of elections under thie Act, including thefinal decision, of doubts or disputes regarding the validity of elections;(b) the +anner in which and the conditions subject to which the flrstallotlnerlt of $hares of the Corporation shall be made;(c) the mhnner in which and the conditions subject to which the shareaof the Corpori$ion may be held and transferred, and generally all mattersrelating to tha .rights and duties of shareholders;,(d) -.the m4nner in which general meetings shall be convened, theprocedu~o to beifollowed therent and the manner in which i-ot,ing rightsmny be exercised ;(e) the callink of meetings of the Board and of the Executive Committee,fees for &tt,ending rneelings thereof" and the conduct of businesst,hereat,; i(f) t,he mann& and terms of issue and redemption of bonds e ddebentures by the 'iCorporation ;(g) the condit;id~s &ich t,he Corporation may impose in granting loan8or advances;L(h) the mannerlof determining the sufficiency of t-he security takenunder sub-section (21 of section 23 ;(i) the manner &d conditions subject to which the Corporation rnrt.7. .borrow in foreign curigncy from foreign lenders; -(j) the forms of htws md statements required under this Act;= (k) the duties an4 conduct of officers and iervanb and agents of theCorporation ; ;(1) the dis6losure o\ interest, direct or indirect, of s ~irector in any,industrial, concern : t(m) taking over the anagement of and managing an industrial concern, committing a breach of k 'ts agreement with the Corporation;.P(n) appointment of hoc committees for technical and other advicefor purposes of this Act;ynd(0) generally, the effic~pnt5conduct of the a.ffairs of the Corporntion.*(3) All regulstions made un&r this section shall be published in the officialGazette and shall come into for on such publication and shall also be laid onthe table of the Legislature.s,,,,,.............,....,,,ff13 dt?cl~_r~ Ant. 1 will f~ithtully, truly and fa tho bedof mg,judgment, skill shd n$ilit-y, 4ecutc and perform the dutiep ~,uirsd dme as n Director, oficep, emplop? .a;? nuditor (as the case n~ny be) of tba'Ibdustrinl Pinonce Corporntion of Indi n11;l whicli properly relate to any oEoeho~jjtio:, in the skid Corporation by ma.

h1w8pstrial Pi~tanco Corporation.)or havo nccess tolhe CuryurtttiouSigned before me.1% flignabyre..'Ei Signature...............................................................

THE DENTISTS ACT, 1948C---------CONTENTS. * . 4.- !/:I,@ 13I pz/-1',1. 1L/&.CHAPTEB I.__- -INTRODUCTQRY. 9. ! 1/--SEGTIONS CHAPTER 117. BfREGISTRATION.I1ICHAPTER XI.t1. Short title and extent.I2. Interpretation.I SECTIOI;~31. Preparation and maintenance of register.32. First preparation of register.33. Qualifications for entry on &st preparation,of register.34. Qualificcticns fcr eukeequent registration-35. Scrutiny of epplications for registration.36. Registers of dental hygienists and dentalmechanics.3. Constitution and compositihn of Council.2. Incorporation of Council.6. Mode of electiona. i6. Term of office and camla1 vacdcies.7. President and'Vice-President o Council.8. Staff, remuneration and allowan ,a.9. The Executive Committee.1,10. Recognition of qualiiications.37. ~ualifications for registration as a dentalhygienist.58. Qualifications for registration as e dentak1 mechanic.11. Qualifications of dental hygienists.12. Qualifications of dental mechanics. 39. Renewal fees.13. Effect of recognition.14. Power to require information as toof study and training and16. Inspections.16. Withdrawal of recognition. 44. Issue of duplicate certiflcatee.17. Mode of declarations.18. The Indian Register.19. Information to be fwnished.20. Power to make regulations.CHAPTER 111. CHAPTER V." M~mvln~ovs,1 PROV~CIAL DENTAL COUNCILS.21. Constitution and composition of ProvincialCouncils.22. Inter-Provincial agreements.23. Ccm~csiticn cf Joint Provincial Ccunci::24. Incolporatiol~ of Provincial Councils.25. President and Vice-President of ProvincialCouncil.26. Mode of elections.27. Term of office and casual vncancies.2s. staff, remuneration and nllowances,29. + Executive Committee.30. Information to be furnished.afor falsely claiming to be registered,48. Mh of titles.49. Pract e by unregistered FerEcns.50. Failure\to surrender certificate of regist -..tion. j\51. Ccmpanie! not to engage in dentistlg.52. Cognizance',of offences.53. Pa~ment ~?\,~a~t of fees to Cccrcil.54. Appointmenfi of Ccmmi~sicn of Enquiry,.- d66. Power to make'rules.t1TEE SCHEDULE.

An Act to regulate the profession of dentistry(lzeceivw1 !he ossent oj the &we~no?-Ge?~cru/ an tl~e 29th &f/&rchHEREAS it is expedient to make prbvision for the regulation of tiheW profession of dentistry and for tQounoils ;.It- is hereby enacted ;~s follows :-CHAPTERa 401945) 11. Short title and extent.--(I) This -kt may he c~lled t'he Dentists Be%?2. Interpretation.--In tbis Act, unless there is anything rep~~gnant in the subjeat@r oontext,- ,d(a)"the Cpuncil" means the'Dental Council of India coustitutekunder section 3 ;(b) "dental hygienist " means a borson not being a dentist or a medicalpractitioner, who scsles, cleans or olishes teeth, or gives instruction indental hy,' oiene ;7(c) " dental mechanic " means a ' erson who makes or repair3 dentureand dental appliances ; ? i(d) " dentistry " includes- \(i) the performanea of any beration on, and the treatment onany disease, deficiency or lesion pf, human teeth or jaws, and theperformance of radiographic wor!r i connection with hunran teeth orjaws or the oral cavity ; tZ .-1(ii) the giving .of any enesthe ic in connection with any suohoperation or treatment ; \(iii) the mechanical constructiod or thg renewal of arti6cid ddeeurwor restorative dental appliances\;(iv) the performance of any op on, or the giving of a~ptreatment, advice or attendance to person preparatory to; orfor the pur ose of, or in conn$ction he fitting, inserting, fixing,constructid$, repairing or renewing ial dentures or restorativedental appliances, and the performsuch operation and thegiving of any such trea.tment, adv ance, as is usually per- . ,formed or given by dentists ;I(o) "dentist" means a person who pra!ctises dentistry;\(f) "medical practitioner" means a person who holds a 9~~lifi.a-tiou grznted by an autho-i.it,y specified or ljptified under section 3 ofthe Indian Mcrlicnl Dcgrees Act, 1916 (VII of 191G), or specified in the.Schedules to the Indiaii Medical Council Act, 1933 (SXVII ,of 1933),or who ~1.actises anv . svstern . of medicine and is registered - or is entitle8Lo be registered in any viw-id medical register b-~called ;Fthb3$(g) ':prescr:be:!'. i::cniTs p~escribcd 'ux lules or regulations madq~nder t bls Aci;\,&&&t?.0.1450

"'.I2 .. 'Dentists.- - ~. ..li. ,...~[AOT XVE'Euncil" :lieans a -h-ncilconstitutedunder section 321, and includes a Joint . . . Councilconstituted In accorclaace with an agreement under section 22;(ij "register" meail's a register maintained under this Act;(j) "recognisecl dental clualilicaLion" lrleans any clualification forthe time being included; in the Schedule or recogllised by the Council.under s&ion 10;(k) "recognised dedtal hygiene qualification ' llleans a qualificationrecognised by the Council under seetion 11;S.'! +(1) "registered dentist", "registered dental hygienist" and "regist,ered d,ental mechanic" shall mean, respectively, a person whose nameis for the time being registered in a register of dentists, a register ofdental hygienists and a regisler 01 dental mechanics.-< -- -C, - --CHAPTER I1-DENTALCOUNCILOF INDIA?-,/'3. Constitution and composition of Council.-The Cent,ral Government shalt,.as Boon as may be, constitute a Colincil consisting of the following members-,.~pamely :-(a) one registered dentist pbssessing a recognised dental qualificationelected by the dentists registered in Part A of each Provincial:g.. register ;r; (b) one member elected from amongst themselves by the membersof the Medical Council of India; - -(c) not more than four members elected from among themselves,4. Incorpo~ation of Council.-The Courlcil ~11:dlw a, boily corporate by 'the.name of the Dental Council of Indi~t, having perpetual succession and a comanonseal, with power to acquire a.nd hold,propertg, bokll movable and im-~~~ovilble. and shnll bv the said name s:e &id be sued.5. Bfode cry elecfiens.-Eloctions.~indor thia chopbar shd be conducted in thegsreec,ibed ojs.. ilr,CT: - find v:ltere any diep-ute arises wgardinp any wch election, ik.ehdl be ~fcsrecl to the Cent,rtil @oveernmenf whom decision shdl be -1./.~-f..,.& i.4. &y ,q.o.~sSC.j: .; ,*: .:., , ' %'

,OF 19481 Dentists a6. Term ol odce and oasml vacancies-(2) S~ltbjeoto the prorisiona of th%motion. an elected ijr nominated member shall hold office for a term of five years&om the date of hC$ election or nomination or until his successor has been dulyelected or nominated, whichever ifl longer.(2) An elected or nominated member may at any time resign his membership!by writing under hid hand addressed to the President, and the seat of such membe~~shd thereupon beoome vacmtr: .(3) An elected Lr nominated member shall be deemed to hse vaoated hissea* if he is absent; without excuse, suffioient in the opinion of the+Co.uncil, from%bee consecutive ordinary meetings of the Council or, in the case of ,?-member whoseaame is required to be included in a &%&&d?register, if his n&@e ;@ rernoved'f-J&om suoh register, or if he has been elected under clause (c) of section 3 if he oeasesto hold his appointment as head of a college, or if he has teen,elected under..clause (b) or (d) of section 3, if he ceases to b a member 'of the MedicatCouncil of India or the Medical Pg~ulty of the Unlversity,'+&b thgV case may be.,(4) A casual vacancy in the Counoil shall be filled by fresh election or nomins$ion, as the case may be, and the person elected or nominated to fill the vacanoyehaU hold office only fpr the remainder of the term for which the member whoseglace he takes was elec'ted or nominated.(5) Members of thk Council shall be eligible for re-election or re-nomination.(6) No act done byithe CouncilshaU be called in quevtion on the ground ruerelyof the existence of any Wacancy in, or defect in the constitution of, the Council.w h7. President and Vide-President of Council.-(1) The President and Vice-Presi-.dent of the Council shall be elected by the.members thereof from among them; .:i-.aelves :.& . .Provided that on the:@st con~tsitct,i~~ 6% t.hs Cn~ns2 efid mCY2 the President iseleoted, a member .of thq Council. nominated by the Central Government in thisbehalf shall discharge the fullctians of tha President:Provided further that for five years from the first constitution of theCoui~cil, the Presideizt shall, if thg Celztral Governmelzt; so decides, bo a person . .nomimted by the Central qovernmeizt who shall hold office during the pleasure of < \the central Goveriirnei:t, 4nd. whore he is not already a member, shall .be .g 1I i a member of tho Courrcil in qdition to the members referred to in section 3. I:.,i(2) An eleotecl presidentor Vice-Presidaot shall hold 0ffice as such for a term mt i ,,.iexceeding five years and not extending beyond the expiry of his term as member ,.of the.Council, but subject tqhis being a member of the Council, he ?Ira3 be eligiblefor re-election.i8. Staff, remuneration anb allowances.-(1) The Council shalk-(a) appoint a ~lpretnry who msy also, if so decided by the ~ounoib ..act as Trea.surer;(b) appoint such other officers and servants as the Council deemsnecessary to enable to carry out its functions under this Act ;from the Secretary or from any other o$ce~for the due performance of his duties as the(d) n~ith t.he prcri'ous s~tnctioil of the Ceytrel Govcrnment., fix t,&fees and allowances ofi thc President, ViceiPresident and other inem- % ibers of t,lle Council, ~~14~1 tlii: pay ard allo~val-~cr-;~ nnc! ofi1e.r conilitinnr::>i' :,cr\:ia!r- of cfficers nnQ SCYV~:~~~S of t,he C;ounc-.ii.,i2) Notwitlistanding' ailythini ccnlainecl in clause (0.j of sub-sectibn (I), : j9for tile first four gears from the $i,st constitution of tho Councii, the gecreta~g;.of t!:L; (.!at~~.i(~i~ SII+:II ?.,e 8 ~(YSOI! :~i~~oiilt.c,(~ 1137 the (;e:~f.;:?{.i ~~~1~~~:?111~1~,17t, who S:I:LIIIhc,j(l c ,fii~~ (~LII.~?,I~ tl!~ ~:,li';!.~li~~! i:b, fli~: (+l-itrnl Gc~;ei.iin~;ciill. I\c.$:j;; ; :'iII

4 Dentists [ACT XVE9. The Executive Committee.-(I) ~e Counoil shall oonsfitute from among itsmemlcrs a11 Exvoulive Cu~~~mitlee, a11d may su c~rlstitute of her Cornm~ttees forsuch general or special purposes as the Council considers necessary for carryingout its functions rlnder this Act.(2) The Executive Committee shall consist of the President and Vice-Presidentex oficio, and five other members elected by the Conncil.(3) The President and vice-~resideilt*of the Council shell be Chairman andVice-chairman, respcctivcly, of bbe Executive Committee.(4) A member of the Execntlve Committee shall hold office 41,s such uil il theexpiryof nis term of office as member of the Cotulcil b ~t, subject to his being a1 member or the Council, he shall be eligible for re-election.(5) In addition to the powers and dutiw conferred and imposed on it bythis Act. thc Executive Committee shallLexercise e ~ d discharge snch powersand dilties as may be prescribed. w-&,.4G3$I,. 10. Recognition of quali0cations.-(1) For the purposes of this Act thei- qualifications included in Part I of the Schedule shall be recognised dentakqualifications but shall not entitle persons other thande&&h to registration unless by the law and practice of the State or countr;gto which such persons belong, persons of Indian origin holding dental qualifica-i~ro;iws in mrl~ich the alltliority mnlilng ihr r.ppliratli.13 i* F ~ T L I P dcclziro ~ ~ ~ . thct~~lch q~x~.lific:rtioi~, or wch qualification only ~rhcn granted zfter a rrccjf~dt;,,?.t, ELuEI Xc Q rt.cog:;j: 4. c!e:.lel l~ygienc q~:~lir,,-~ lo, f ~ tl~c l pLlrpobcs of this Act.,

~ 19481 Dentists 5l2. Qnali0cations of dental mechanics.-The Cou~iail may piesaribe the periodandnature of an apprenticebhip or training which shall be ui~dtlgci~e and 11 c otherconditions which shall be satisfied by a person bcfore ht, is tntltled t c he rcg steredunder this Act aa a dental mechanic.13. Effect M re~~~ni&m.-~otwithstandin~ anything contained in any otherjaw, but subject to the iprovisioils of this Act,-(a,).any rec gnised dental or dental hygiene qualification shall bea sufficient qua, '. cq for enroln-~ent in the appropriate register of. - ,,of+&+p. .,i ,$z?-any(b) no persori, shall, after the first registers are compiled under . . ,Act,, be entitTed to be enrolled in any register as a dentist or dentalhygienist unless h\ holds a. recognised dental or dental hygiene qualificationor as a dpntal mechanic unless he has -.undergone trainingwhich satisfies thd prescribed requirements referred to in section 12. .Ithe Execl~tive. Committe!: on the s~lfi-situated.

F-,. . . - - - ..a,. , . . . . :nz.,,~~,,-[aar XEddations and those ofF.g-5 ik nd..L,g..Eb:UE-i.;.mmendations of the Provhoider such further inquiry, if any, aa itaMoation granted by the authoritya1 hygiene qnalifioetion only whendental or dental hygieneshall be remgnised as10, seation 11 or seotiona meeting of the Council and shall forth-all maintain a register of dentistsoonsisting of the entries in all theCouncil twenty printed copies ofst day of April of each year, andley of all additions to and othernoil sba~ furnisi oopies of itsittee and an annual report ofs to the Central Government .(2) The Central ~overnment rn;~ publieh in such manner sa it thinks fit any.report, copy or abstract furnished to ;it under this section.20. Power to mpke regulations.--/-(I) The Coinoil nay, with the approval of$he Central Government, mike regul8tions not inconsistent with the pi.ovisio~s of.this Act to carry out the purposes of! this Chspteq(2) In particular and without pidudice to the generality of the foregoing pokersuch regulations may- /(a) provide for the mknagement of the properby of the Council andthe maintenance and audi of its accounts ;";(b) prescribe ' the maqer in which elections under this Chapter 'shal lbe conducted ;iE-.e: (c) provide for the sudmoning and h~l&t~g of meetings of the Counoil1:gnd the Executive Comm ttee, the times and places at which such meet-..: ings shall be held, the con d : uct of business thereat and the number ofmembers necessary to codstitute a quorum ;E.:8:k(d) prescribe the fun;tio& of the ~xecutive Committee ;E. !. -- (e) presc~i6e the p15wGrs and duties of the President and Vice-Presig.;dent ;,C,. ?yr *Fir&.-. . J(f) prescribe the ten& of office and the powers. and duties of the,;. X ' . '. >.

-.DentistsProvided that regulati4ns under clauses (g) &nd (h) shall be made after CO~SU~-&ation withj&kmmd . . GQvernments.--(3) To enable the Cowcil to be first constituted, the Central Government ma9make regulations for the c of the elections to the Couneil, and any regulationmade may be alteredby the Council in exerciue of ib powers,-pqddr%his section.1 1 CHAPTER I11(c) the heads ofcognised dental qualificwhich grant redCouncil for all the partitoserve the needs of the7 .this Act specified, an agreement underGovernments either generally or with reference to particular mattera arisingunder this Act ;(cl) make such incidental and ancillary provisions, not inconsistent -with this Act, as may be ciecmed necessary or cxpediellt for giving effefootto the agreement.(3) An itgrecment under this section shall bo published in tbc official GGr\tb?. -*.3f the participating -s~J{,I. hd4.4 A~a-l~s^., o,pqLy, il. a fk 6" msc,? wl.& 12. - e. d. /////sf V(&Q / ~ ~ t * ! ~ Nv-. ~ P3< ~ y . , ~ ~ ~ ' .3y/ysc 7 $ @ p /;c tV. /////5-c.' -

8 Dentists [AOT 1~~Composition of Jointshall consist of the followillg memBcrs, namely :-Council(a) two members ele from among themselves by dent,istsrcgiotcr of each of the parliuipatiug-fro~n among themselves by dentistse register of each of the participating-- -in all t.he participatingex oficio;(d) one menlber elected by the Medical Council ore the Council ofNedicil Registration, of ea participating *, as the case maybe :i .' + 86.SMode of elections.-~leotiob under this Chapter shall be oondaotd in thwpreecribed manner, and where a$y dispute arises regarding any such election, ikahall be referred t,o the Provincial Governbent whose decision shall be final.I27. Term of oBoe_ end casuar vacancies.-(1) Subject to the provisions of thL fh section, an elected or nominated: member shall hold office for a term of five years; from the date of his election or nqmination or until his successor has been duly elect-.ed or nominated, whichever is longor.p~ .,(2) An elected or noininated incinher niny at any tirnc: resign his membership.by writing undo? his hand addressed to t,he President, and tbe seat of such msmbersbdl thereupon become vacant.? (3) A11 elected or no~ninafccl inclnber shall be dee~ncd to have vacated his>. eat, ,f Ile is :'rhgc1;k n:ithout cscuse, si~fiicielli, in tile opinion of the-Council, froill tllrce .con5ec Live ordinary meetings of the:. -c . ?. :J'; :eid Council, or .: >.+.-.ii.i.. . ..i .L. .- . .%+k$ .&&z ..~.\. . .. , ,,;. ...,. *~:' q '. ,. * .-* < ..; ,. gdh- 4.2.iy 3;~ . ...- .; .;- si. k. $'d ..J 2~ ', -.-zc.*,

OF 19481Dentists(b) in the.case of a nleii~ber whose nnnic is required to be included.in any register, it his naine is renlovcd from the register, ,or_C__\(c) where. he has be elected under clause (a) of section 21 orunder clause (d) of sect' 23, if he ceases to be a member of theXledical Council or the uncil of illedical liegistration of thevkee as the case may be.(4) A casual vacancy in tho olincil sha,ll be filled by fresh electi0E.or nomination, as the the person eleoted or nominated to fil! the\of the term for which the member(5) Members of the Qoafi~il shall be eligible for re-election or re-'

CIIAPTER IV.. .intaihed in two Parts, A and R, persons,;:possessing recognised dental quali being registered in Part A and p,.. 07‘90ns%:.not possessing such qualifications istered in Part B.y application received on or ,at theepplicant is qualified fory of the name of the applicant,--.-an%he register...-*e published in such manner isson aggrieved by a decision of ie register as so published may, i,n, appeal to an authoritiy apfby notification in the officisl ., .ce with the decisions of th epon issue to every poreanregistration in tho proscribadCouncil, the register &all be givesct that all or any specified.register shall be paid to the5'[/.s,II~..r?-,lster.--(I) A p9rsr3n shd Ineme ent,e:.ad c\n the regi.et;mr0p~!ofc.ssion .of dentistry in tho-... ---(u) li01d.s ti~ reougniaad dental qualXctt!,ion, or. .% A.D.l75o'o. .: :.! , b; rt %:

OF 19481Den.tistsprovided tb%t no other than abe entitled to reastliation by virtue of a qualificationi(b) specified in Part I1 of th- Schedule unless the Council has, h.pursuance of a scheme of reciprpcity, declared that qualificatiw~ tobe a recognised dental qualificatiy.:Provided further that a person shall b4 entitled to registration bya qualification specified in Part I11 of t& Schedule only if he is a. .dject&d- :iPrpwided further that for t.he purposes oof d-eelltists under this Act in the ?Pmvkeentitred30 have his name entered in thehe is registered on the registex G! dental~Bengal Dentists Act, 193 (Bengai Actshall be payable by such person if he had beenDecember .- '1947. \~(2) A person domiciled in aof the -prescribed fee to temporyears, if he has been engaged ilivelihood for a period of not 1'%he date of the commencemenentitled to permanent registrilate he passes an examinati84, QnWoation for subsequent regishasub-section (2) of section 32 a person shall,entitled to have his name entered on the region the profession of de~tistry in the(a') holds a recognised(ii) does not hold suw, has beemeans of livelihood for a period of notmencement of this Aat and has: passthe commencement of this Act, an eby the Council :Provided that no person other than ashdl be entitled to registration by virtue of a(a) specified in Part I of the Schedule unless by the law and 'practice of the State or country to \\7hich such person belongs personaof Indian origin holding dental qualifjcations registrable in that Stateor country are permitted to enter aila practise the ~rofession of dentistryin such State or country, or(b) specified in Part 11 of tl16 Schedulc u~z;', .F the Counci! has, in ..pursuance of a scheme of reciprocity, declarer- that qualificntioq.-; ,*: .>.& j*&..$r!#f,.be a. rccognisec? dental qaa1ificat.ion ;i I

egistrar is of opinion that the applicant isregister, he shall enter thereon the name of1(3) Any person whose applicationlfor registratioxis rejected bv the Registrar,may, mthin three months from the dafe of such rejection, appeal to t h w@ouncil, and the decision of the &eGifeA Council thereon shall be final.this section, the Registmr shall. .> 1 I..- Providedso far a.s they may be made applicable,on in a register referred to in this section.tal hygienist.-A persou shall be entitledame registered on the register of -dentaland holds a recognised dental hygienerst register of dental hygienists, ahe has been engaged as a dentalfor a period of - not less than two:sub-section (1) of section 36.'38. Qualification for registrahiorl_as a dental mechaninic.-A person shall be entitledon payment of the prescribed fee to have his name entered in the register of denhlmechanics, if he satisfies the prescqbed requirements referred to in section 12 :Ithat for the purposg of the preparation of the first register of dentalmechanics a psrson shall be entitldd to be registered, if 119 has been engaged as adental mechanic as his principal means of Livelihood for a period of not less than&wo years prior to the data of mtification under sub-sootion (1) of sectioq 36.33% Renewal fees.-(1) The &xww& Government may, by noti6 catio~l in th,efficial Gazette, direct that for the setention of a name in a regiser after the 31stay of Dzcember of the year following the year in which . . the name is first enteredthe register, there shall be paid annually to theCouncil such renewalas may be prescribed in respect of each regisxhere such direction hsse -been made, such renewal fee shall be due to be paid before the 1st day of April of thei[year to which it relates.(2) Where a renewal fee is not paid before the due date, the Registrar shallb *remove tho name of the defaulter from the register :* Providctt that a name so re~noved may be restored to the register on paymentin such maniler as may bc pre:cribod.iI(3) On p:a~yment of the renewal fes, the Zegistrar shall in the prescribed mamer-,indorse the certiGcate of registration accordingly.,

40. Entry of additional qua1iflcat;iorls.-A registered dentist shall on payment o-the prescribed fee be entitled to have entered in the register any further recognisedqualification which he may bbtsin.41. . . Removal from register.-(1) Subjeot to the proCounoil may ordet that the name of any person s=ere iL ia asLis~ed;@'ter giving that person a 5 0heard and after suoh furtherj ilzquiry, if any, as it may think fit to make,-(i) that his &,me has been ent6ced in the registor by error or on--account of i~iisreljreseiitation or suppression of a material fact, or -.---I(ii) that he h&s been sonvicted of ally offence or has been guiltyof any infamous\ conduct in my professional respect, which in theopinion of tlie Pr+incial C.ounci1 renders him unfit to be kept in theregister. : (w$C\-Gazette. . .reasons appearing fo it. Government, ordor tha45. Printing of registers.gear, the Registrar shall caubhhe said date and such copion payment of tho prescripersous whox names sre 0hygieni8t.s or registered de46. Effect of registraooguised by law as a dentiunder this Act.(2) No certificato required ny other law from a dontist shallunless the person signing it is rprson who is i10t rdg$hell no:, axc:pt withdentist under this Act.from the comm

Provided that the provisions of this sub-section shall not apply to anyanent at the commencement of this Aot'ho publication of a register of dentalame is not entered in that register shaUdispensary, hospital-or othephstitutigar partially from public or local funds.tist, registered dental hygienist ormay practise as such in any otherCHAPTER VUISOELLANEOUS: 47. Penalty for falsely claiming to be registered.-If any person whose name is.not for the time being entered in a register falsely represents that it is.so entered, or uses in connection with his nsme or title any words or letternremonably oalculated to suggest that his name is SO entered, he shall be punishsbl*on first conviction with fine which may extend to five hundred rupees, and onmy subsequent conviction with imprisonment which may extend to six.months or with fine not exceedlqg one thousand rupees or with both.48. Misuse of titles.-1f any person, --(a) not being a person registered in a register of dentists, takes or.uses the description of dental pra,ctitioner, dental surgeon, surgeon!dentist, or dentist, OF(b) not being a lperson whose name is entered on a register ofaental hygienists, takes or uses.in a Province where such-register 5 ~ .been publish&d, theititle of dental hygienist, or" (c) not being a; person whose name is entered on a register of'dental mechanics, takes or uses in a Province where such register has.been published, the title of dental mechanic,ishable on &-st conviction with fine which may extend to five.and on an$ subsequent conviction with imprisonment whichx month's or with fine not exceeding one thousand rupees OP4 r %i..by -unregistered persons.-(1) After the expiry of yearsencement of this Act in the case of dentists, and in the Raaregistie$ of dental hygienists or dental. mechanics has been1r section 36 from such date as may be specified in this behalf by-Government by notifieation in the official Gazett:e, in the case.sts or deiltal mechanics, no person, other than a registered1dental Gygienist or' registered dental mechanic, shall practisedentistry, or the art. of sdaling, cleaning .or polishiilg teeth, or of making ofrepairing dentures and de4tal appliances, as- the case rnai be, or indicate inany way that he is prepare:d to so practise :Provided that the proviiions of this section shall not apply to-. - -. (a) practice of dentistry by a registered medical practitioner;C&.d 2; .. - -(€I) the extraction of a toot&by any persoli when the case is urgent. a,nd no registered dentist is available, so.%owever that the operation isperformed without %lie use of any general or losa.1 anaesthetic;- . (c) the performance of dental work or radiograghic -worli in anyhospital or; dispensary maintained cr supported :from public ari.l.cab-,funds .: p': .?.k.?. ".,.

OF 19481 Dentiate . 16(2) If any person contravenes the provisions of cub-section (I), he shall bepunishable on first conviction with fine which mh;l extend to five hundredrupees, and on any subsequenti conviction with imprisonmenb whioh may eBtendto bix monthe or with fine pot exceeding one th~usand rupees or with both,50. Failure to surroader certkcate of re&kation.--If my person whose namehas been removed from a register ils without sufficient cause forthwith to surrender& rertifioate of registration, ho 3 s all be punishable with fine which may extend toUty rupees per month of such fatlure and in the case of a contin~ling offencewithadditional fine which may extend &, two rupees per day aftar the fin*day during which the offence continues.51. bompinies not to engage in 'dentistry.-(1) Exoept as hereinafter provided, .the profession of dentistry shall not & carried on by a company or other corporateWY. -(2) The provisions of sub-sectioni(1) shall not ~pply to-(a) a company or other d rporate body which carrim on no b &e~other than the profession of 8entistry or some busintm ancillary to the =profession of dentistry and of &hioh the majority of the direot.Org sadall the operating staff are registebd dentiets ;(b\ the carrying on of the Aofwion of dentbtry by ernployera whoprovide dental treatment for tyir employees by regietered der?t,! ~ tsothe* than for profit ;.- 0:Provided that anypiofeaaion of dentistry atso th do until the expiry of(3) If, any yersou oontrapunishable with fine whichrupees, or on any subsequent cotc, six months or with fine not e52. Cogaissnce of offep1w.-No Court spunishable under th's Act except upon complCfovernment or the Rtwm&@%uncjl.-54. Appointment of Commission of ~n~uir$.4(1) Whenever it appears tothe Central Government that the Council is npt \complying with any of theprovisions of this Act, the Central Government mqy appoint a Con~missi~~ ofEnquiry consisting of three persors, two of whom\ shall be appointed by theCentral Government, one being the Judge of a High Court, and one by theCouncil; and refer to it the matters on which the &lquiry is to be made.I(2) The Commission shall proceed to enquire ib a summnv manner andIreport to the Central Government on the matters keferred to it togetller wit,Hsuch remedies, if any, as thc. Commission may lilrd to recommend.(3) Tho Central Government, map accrpti tho re:>oh or remif the same tW%he Commission for modification or reconsideratioh.I. s ~ ~ L R ~ P. 19 ~ SB. . L ~iII 1

k[(4) After the report is finaliy accepted, the Cen~ral Government inay orderfie Council to adopt the remedies so reconlmended within such t!me as maybe speoified in the order and if the Coqncil failfi to comply withih the timeso specsed, the Central Goverilrnent msy pass such order or take such action-of the Commission.that thZX?bwmd. .Act., the ProvincialEnquiry in respeoiCouncil to make enquiry in like manner and pass suchI or take such action as specified in sub-sections (3) and (4).Government may, by notifioetionthe purposes of Chaptern InI. -(2) In particular and without prejudice to the generality of the foregoing power,snoh rules may provide for-Counofl, and(b) the manner in whiqh elections under Chp%r &I1 shall be oonducbd ;(6) the summoning and holding of meetings of the%+wim&l Council,the timeekand places at which such meetings shall held, the oonductof business thereat and the number of members newaary to form aquorum jand Vie-President ofExecutive Committeethe times and places @,members, necessary toduties of the ~e~istrirCouncil,! including the'amount and nature of the security to be given by the Tmamrer;(g) the partioulars tb be stated, and the proof of qualifioationa tobe given in applicatio~ for registration under this Act ;\\ (h) tho fees for registration, add the charge for supplyingcopies of the registers ;ei) the hrm of oortifiktes gf r?gistration and the rnmner of endorsemeit or renew& thereof)%. (j) any otlier mattier which is to be or may be prescribed under Chap-Fa sher, 111, IV alld V, expept sub-sections (I),(2),(3) and (4) of section 54.D _1i)THE SCHEDULE/C (See section 10)gf Part I Ii;Cbz . -~egrces or di!iloiu~< in dejitistry issuecl by any of the following ~ut11o~ities:-$. (1) Eoarci -of l!)r:iir~iiiers, Cniz~::t:i 1)el;trtl College aiid Ij:ospiiwi,2 before l,h+ 1st day of Janu3rg 1040. , . . I *.(2) Si:>ie &iedi;al 2Taculty, 1jeilg;il: ilalc~~t.t~, 'if gi'aijfed '~i&! thealst day of Ilecelr Ger 1939. /

3 g: -oa 19481 Berbtiste: 17rij) $he uni;ersity of Bombay.(4) The College of Physicians and Surgcons, I3ombay.'6(5) The Nair Hospital Dental Board, Bombay.Part ISDegrees or diplomas ill dentistry iss~~~d by the following authorities:--.. (7) The Pnniab University.(2) The Punj& Stdte Medical Faculty, Lahore.b(3) The Board of ~xa,~~i~~ers, College of Denbistrg, Karachi, if\granted before the 31st *ay of December 1943.;4.i The Royal College of Surgco~s, England., I' (5) The Royal Collegd t of Surgeons, Edinburgh.(6) The Royal Facultt of Physicians and Surgeons of ,C3lasgow,(7) The Royal College of Surgeons, Ireland.(8) The Universities o Durham, London, Manchester, Birmfltngham,Liverpool, Leeds, b , eEeld, Bristol, St. Andyews and Belfa.stand the National, UniversitA of Irelwd.(9) Atlanta Southern College, btlanta, Georgia.(10) College of of Tllinois, Chicago, Illinois.7 (11) College of Dental\ Surgery, Lgola university, Chicago,Illinois.ti(12) North-Western Unive sity Dental Cc,;;.c-:,e, ('hicago, Illinois.'r\i((13) School of Dentistry, I diana University, Indianapolis, Indians.(id) College of Dentistry, niversity;of Iowa City, Iowa.1(15) Dental School,, Harvar Boston, Massachusetts.8 %'.(16) College of of Nebraska, Omaha,Nebraska.(17) School of Dental and Surgery, Columbia University, NewYork City.(18) Ulliversitg of Pennsylva Thomas Evans Dental Institute,fSchool of Dentistry, -(19) Texas State(20) University of Minnesota, vinnesota.1 -(21) Universit-j of St Louio, hdjssouri.2 (22) TJuiversity of Micbigea, &Ii\higaIl.(23j 'j'ufts College, l3oston. \,!

-18 Dentiate [AOT xv~ OF(25) Dental College of McQillaUniversity, Montreal, Quebeo.(26) Deutsohe Zahnaerztlich Universitaets Institut, Bonn.(97). Dwtsche Zahnserztliche(28) Ecole Dentaire de -(29) Wle Dentaire Brangais(30) Any other foreign qua1 proved in this behalf by, tbQental hunoil of India, or be id Counoil is constituted, bythe hntral Government, by n the offioial Gazette. -:'$he following qualiiloatione :-* fl) Post-graduate oertifioate-' of dentistry of the uniyek4xienna (z.D,s.).(2) Any other foreign qualifioetion approved in thia beha by ~hg, Government 'by notification in the offioial Gazette,, -iiLg3--,xZC0e-[;yF$fI- 'ih '- .&@lk..jh-,64 .- 4&M0fL~--4-ii-4O~-~ci~'LOi;~-. < , fb $ -2 ,

Act Nd. AVII3, of[PASSEDB ,1948BY THE OMI IN ION LEGISLATUBE]An Act further to amend the Indian I.111~ Act, 1911 and the Indian Air ForceAct, 1932, for- certain purposes qnd to make certain consequential amend-@enb to the Administrator G&n@l's Act, 1913.(Received the assent of the ~Aernor-(te.neral on the 29th Xarok. -@948)W4 .HEREAS it is expedient fur(her 6 amend the Indian Army Act, 1912(VIII of 1911) and the Indiab Air Force Act, 1932 (XIV of 1932) for.$he pu&oaes hereinafter appearing a$d to make certain consequential amendmentsto the Administrator General's {Act, 1913 (IJI of 1913);it k hereby enacted as follows :-j ,.--i1. Short title.-This Act may30 {called the Indian Army and the IndianAir Force (Amendment) Act, 1948. 12. Amendment of section 114, A& VIII of 1911.-In section 114 of thellldian Army Act, 1911,-iI(i) in the opening para raph for.. the word "rules" .the word"provisions" shall be suhsti t -uted and after the words "this 'Act" the.words "not being an Indian \commissioned officer, " shall be inserted;(ii) for clause (2) the kollowing clause shall be substituted,namely :-.'-'(2) In the case of a deceased person who has left in a bank (includingany post office savings hank, co-operative bank or society or any,other institution receiving degosits in money, however named) a deposit, . not exceeding one thousand! rupees, the commanding officer may, ifhe thinks fit, require the akent, manager or other proper officer ofsuch bank', society or other :institution to pay the deposit to himforthwith, notwithstanding a4ything in any rples of the bank, society :or other institution and when: any money has been paid by such bank, .society or other institution in compliance with such requisition, noIperson shall have any claim against the bank,, society or other !institution in respect of such; money"*;(iii) in clause (4) 'after &he words "cause &e moveable propertj .i.'to be sold by public- auction{' the words "and may convert intcmoney any cash- certificatqs (including post offiqe cash ~$1-1ficates, defence savings certiqcates and national savings certificates)" -. 1 iand after $he words "proceeds of the sale" the words "or conversion"shall be inserted ; i I(iv) clause (YJ and the l$splanations shall be omitted and clausei(3t?) shall be renumbered,(Y); \I !(v] in clause ('I) as 'so rbabmbered the words 'or the Standing . /Committee of Adjustment, as!the case may be" shallibe omitted andi- Iafter the words "a deceased $ersonW the words "or deserter" sha.11 be ,inserted. I . .2.. SnbsEtnticr; cf rlew "cctio~s for sectio;; 116, Vrxx of i$jii,--Fol-1- section I16 of the indinn ~rn3.i. Act,; 1911, the following sections ~hal! hi?.subs$ilutcd, namelyiI

Army and lndian Air Porce (Amendment)[aaa XVII114 and 115 to lunatics, etc.-The provisiogsshall, so far as they can' .be made applicable, apply into this Aot, not being an Indian comrnirsionedanything contained in the hdian Lunacy Act,.- 1912 (IV of l9l2)6 is ascertained& the prescribed manner to be insane, or,yho, being on' actz~e service,, is officiallx reported missing, as if he had died .,on tihe day on whigh his insanity is so ascertained, or, as the case may be.on the day on whiqh he is bfficially reported missing:Provided that ih the case of a so reported missihg no action shallbe taken under clatlses (2) to (5), inclusive, of section 114 until such time assuch yursuu in ullil;idly yru~u~uud 1U Lu ;load.i ,4116A. Property %f. Indian ~ommisaionod ofpcers who dis or desert.--Tbeprovisions of secti$ns 116B to 1161, iuclusive,, shall' apply to the di~poml ofPhe property of Indian commissioned officers subject to this Act, who die orI. ' desert.116B. Powers of Committee of. Adjustment.-(1) On the death or desertiol,p .. 'of an Indian commissioned officer, a Committee of Adjustment appointed in-this behalf in the manner prescribed (hereindter referred to as t%e Committee)j . shall, as soon as may .be, subject to, the rules made in this behalf under thisAct,-(a1 seeure all the moveable property belonging to the _deceased ordegerter, that is in camp or quarters, and cause'an inventory thereof2.to be made, and ascertain and draw the pay and allowances, if any,.F-due to hh; andf[.Ck kin, as the case pay be, and shall not further interfere in relation to theproperty of the qeceased. ;!!f(3) In the case of .';a deceased Ir~dian commissioned oficer. the Committee, i2;g 'cave as may be prescribed, shall, if it txppears to it nkcessary fdr the pyrnellt?, of regimental a..n4 other debts in camp or quarters and the expenses, if any, jL.: fnctir~eb by thc Committoo, and mhy, ill any other case, collect RJI rno?,nc.yg Infi; {$ by, ,the deceased in any bank (including any post office savings bank, cogoperative benk 04 society n~ any other institution receivin deposiQ in money, 1g hpweve~: nanied) ;and for that purposc may rcquire the3âgent, manager or ;'f othcr proFer offie& of ~ c bank, h society or other institution to pay the moneys $IFto the Commitfe4 forthwith, and such agent, manager or other officer shall be ji+bound to compl$ with the requisition notwithstanding anything in any rules iFof the banlr, society or other institution, and when a.ny money hns been pnid by.i8: a bank, society or other institution in compliance with the requisition under I2,. this oub-Eection, & person shall have a. sldim against the bmlr, socicly or 0the.r ja".I' institation in reepecl ol such nioney. 45..(4,). In tha cai: 01 a clcconcod Jnriirnl cornrnii.,sioni.d 'ilfi(;ib,~ tr;lios~ ~t;tat,e lnFi.~is$llot been dcalt i$ith under .sub-sectpion (.2) and in the cause of o deserter, the5 - Committee. 'subject to any rules rnttde in this behalf under this Act, shall, fortho purpose of pn'ying the regimental nnd other debts in camp or quarters, and ?l?&y I 1 okller case,'se!l. or convert into rnonr.:!? l.1l.e ri~zovenble pro- 4[ . .F G pert? of thc dccen.sed or deeeyte~.i-i .,. ... -

oe 194x41 I dian Army and Indian 'Air Force (Amendment)8t(6) The Commhe shall, out of the moneys refelred to in sub-sections (3)and (4, pay the r' iment~l and other debts in camp or quarters (if any) ofthe deceased or dese @i ter.!(6) In the case ofin deceased Indian commissioned officer the surplus (ifany) shall be remitted %6 the prescribed person.(r) In the case of an;~ndian commissioned officer who ifi n defiprtpr. &Rsurplus (if any) shall be fqthwith remitted %I the prescribed person and shill,on the expiry of three yeark from the date of his desertion be forfeited to thrCentral Government unless Che deserter shall in the menntime have surrenderea!or been apprehended :P9oouided that the pescribk4 person may pay the whole or such part of tResurplus as he mag deern prop& to the wife or children or other dependentsof the commissioned o$cer.(8) If ill any case a doubt or hfference arises as to what are the regimentaland other debts in camp or of a deceased officer or deserter or as totho amount payable therefor, the &cision of the prescribed person shall befinal and shall be binding on all pcd~fons for all purposes.(9) For the purpose of the exercis&of its duties under this section, the Com-=ittee shall, to the exclusion of all abthorities and persons whomsoever, havethe same rights and powers ns if it hkd taken out representation to thedeceased, and any receipt given by the aommittee shal1 have effect accordingly.116C. Power of Central Government 'to hand over the estate of a deceasedofficer to Administrator Genelal.-(I) Notwithstanding anything contained in Ithe Administrator General's Act, 1913 (XI of 1913), an Administrator GeneralIshall not interpose in any manner in relat1.m to any property of a deceasedIndian commissioned officer which has been dbalt; with under the provisions ofsection 116B except in so far as he is expresslv required or perntitted , 1 Itc do so by or under the provisionfi contained in this Chpter. - :(9 The Centrnl Government may at any time and in such circumstances aait bhinks fit direct that the estate of a dsceasedkndian commissioned officer shallbe handed over by the Committee to the Administrator General of a Provincefor administration and thereupon the Committee shall make over the estate toI, such Administrator General. I(3) Where under this section snv estate is handed over to the AdministratorGeneral he shsll administer the estate :n accordape with the provisioi~s ofthe Administrator General's Act, 1913 (III of 1918):Provided that the regimental and other debts in camp or quarters of thodeceased o5cer (if any) shall be paig in priority to my other debt due by him.(4) The Administrator General shall pay the surplus, if nng, remaining inhis hands after clischarqing all debts and charges, to the heirs of the deceasedqnd, if no heir is traceable. shall remit such surp1us;to the prescn'bed personIn the prescribed manner(5) The Administrator General shall not charge in kespect of his duties anytee exceeding three per pent. of the gross amount coqling to or 1-emaining inhis hands after pavment of the regimental and other debts in camp or, quarters.116D. Disposnl of s.urp1.u~ by the prescribed perso?cc:lcc.d, he shnli~ R Ithe surplus to that replesenr tative.(2) If he c1oc: JV,!. knov, of :in1 bll~ll LLIJLcBCL~~~L:;LU, 115 shall I)u:,:~,;,r. F J J rt.r v jiaaic ;. i: , ~ 1r~~otih~c1 f~t'ri~ :.I!?, rfi,tr ilPr f ~ :.ix ConseCII1 'It:>, c ?f < r: 1 [ L) t the ~1~11 j~lt!: i~ r~lr?,~~ 1, q t-i -rc \~~,-~e~~€:,?iv~~of1Jii

4 and Indian Air Foree (Amsndmstet) [A~T xvasix months after the publication of .the 1st dsh~ll deposit the surplus togetherof hculne ttooruail Lllerefrulll lo the.Provided that sucq deposit shall not bar the claim of a,ny perion to suchsurplus or any part th+eof.116E. Disposal of Jffects not money.-where any part of the estate of adeoeased Indisn. commiesioned officer consists of effects, securities or other propertynot converted intip money, the provisions of section 116B and sectionS16D with respect to Ijgying the surplus shall, save as may .be prescribed,extend to the delivery, \ransmission or transfer of such effects, securities orproperby, - and the prescrtbed person shall have the same power. .of convertingthe same in@ money as a representative of the deceased.1I6F. L)isposal of ce.rtain property without production of probate, etc.-Property deliverable and money payable t~ the representative .of a deceasedIndian commissioned officer under section 116B or section ll6D may, if thet~tal agount or value theeof aoes not exceed five thousand rupees, and, if+he prescribed person thi*s fiC, be delivered or paid any person:-appearingto him to be entitled to reqeive it or to administer the estag of the deoeaeed,without requiring the prodiption of any probate, -letters of ailministration, "suoeession certscate or other such conclusive evidence of title. -11TjC). Discharge of ~o&nittee, prescribed person and the (:row;n.-~n~payment of money _or delivqy, application, sale or other disposition of anyproperty or money made,: or purported to be . made, by the Committeeor the prescribed person in dood faith in pursuance of section 116B, section,116D, section 116E or section~l26F shall be valid and shall be full dischargeto the Committee or the pres&ribed persoq, as the case may be, and to theCrown from all further liabilib~ in respect of that money or property;.. but-uothing herein contained shall 'affect. the right of any executor or administratofor other representative, or of hny creditor of the deceased ofiicer against any .person to whom suoh payment\ or delivery has been made.116H. Property in the han& of the Committee or the prescribed personnot to be assets d.t the, place where the Committee orXth& prescribed personi $8stationed.-Any property comine under section 116B or under sub-sectio,n (4)of section 116C info the hands of the Committee or the prescribed pe'rson ehallnot, byreasonof so comFg, be deemedmto be assets or effects at the place inn'hich that Committee or the .prescribed person is etationed and it shall not11be necessary by reason thereof that represen'ktion be taken out in respect of ithat property foT that place. i . .1.18T. Saving of rights -of repre$entative.-~fter the Committee has deposited

OF 19481- India@ Armg and Indiaft Air Foroe (Amendmen*) 8t116K. Appointment of, Standing Con~mittee of Adjustment when officers dizni desert while on a0 ite qervioe,--When an Indian ~ornmk~ionsd offiocr diesor deserts while on act b e service, the references in the foregoing provisions of. this Chapter to the ~~mbittee shall be construed as referenc.es to the Standingcommittee of Adjustme$, if any, appointed in this behalf in the manner::kcpreccrited. x -,.116L, ~nte~dtation.-$",~the . purposes of this Chapter-.- (1) the expression 'zegime'h$al .and otber debts in camp or' quarters' includesmoney due as militafy aebts, )-pamely, sums due in respect of, or of any advancein respect of--.(a) quarters ;(b) mess, band, and '>@her regimental accoun+s ;(c) military clothing, ~ppoint;ments and ecylipments. not exceedinga sum equal to three months' pay of the deceased, and having becomedue within eighteen monthsbefore his deat5~;(2) 'representation' includes probake and letters of administration with or-without khe will annexed,..and a succeiion certifioate, constituting a person theexecutor or administrator of the estate bf a deceased person othimto 'receive or realize the assets of a de+ased person;(3) 'representative' rneans any person'iLwho has t;akeu out representation but:. does not include an Administrator General."4. Amendment of sectdon 126; Act XIV bf 1932.-In section 126 of the IndianAir Force Act;, 1932,- . . . .(i) in the opening paragraph f~w the word "rules" th word"provisions" shall be substituted an4 after the words "thig Act" thewords ", not being an officer or wd~rant officer of the Xndian AirForce, " ,shaIl be inserted;(ii) for clause @) the Mlowing blause aha11 be substibtel,namely :-"(2) In the case of d deceased per~@ who h8.s left in a' bank (inddinfrany post office savings banli, dpperative bank or ~ociety- orany other institution receiving deposits .'jGnn money, how2ver named)a deposit not exceeding one thousand rupe~es, the commanding 06c&*, mag, if he thinks fit. require t,he a~ent.:. manacer or other 'pro~erofficer of such bank or other institution p,ay the deposit to himforthwith, notwithstanding anything in any rules of the bxnk or tbe otbeinstitutionand when any money has been pdd by such bank or other" 'institution in compliance with such requisitidn, no. person shall haye.. . any. claim against the Sank or the other instifution in respect of suchmoney" ;',., -(iii) in olause (4) after the wofds "cause tbe mowable pr0$ei6~ tohe sold by public auction"'the words "and day convert into moneyany cafih certificates (including pod office cash certificates, -' defencesavings certificates and national savings certificates)" and afterthe words "proceeds of, the sale" the words "or conversion", sl:nll beinserted. ; . .. . ,(iv) clause (7) and the ~n:~ldnntion.fi shalljbe omit:t.ed and nlnl~se(8) shal! bc. ~.c?numbered ('7'); t . .(1:) ill c.ls.~ls& (7) ns RC, ).an ~!mbe~.ccl the \vo?ds "01. t.!~c S~,R !ldj(!!:C,nmj.j,itt~;e of Adjuc,tmr.nG'. :is the .C;IF+ i~~a;y,.be'!, s'lltiil 'r,r oniitt.et1 n!ii!:,.fii.~ fJii! wfirdp. "8 d~ceiir.~:if pr?n3oii" 't-ki~, UIOP~P, ''OF C!E?~T~.C~" s!ir!!! brl.,j~i~~'.b6d,. ,i.., ~ . .

it\Indian'cArnzy and Ind:iun Air Force. (Amendmarit) [A&? Xvli5. Substitution of hew %Ctii>ns for wctim 198, Act XIV @f Eg32,-F0p settion128 of the India@. Air Force Aet, 1932, the *fol16~ing sections shall. besubstituted, namely : 3,"128. Application ofaections 126 and 127 to lunatics, eto.-The provisionsof sections 126 and 127 $hall, so far as they can be made applicable, apply inths case of a person subj ' t to this Act (not being an officer or warrant officerof the Indian Ai ~orce)Bgrbo notwithstanding anything contained in theIndian Lunacy Act, 1912 (&V of 1912) is gscertained in the prescribed mannerto be insane, or, who, bein'fon active service, is officially reported missing,as if he had died on the dag: on which his insanity is so ascertained, or, astha case may be, on the d&y on whioh he is officially reported missing:- -Provided that in the case \£ a person so reported missing, no action shallbe taken under clauses (2) to (5,) inclusive of section 126 until such time as suchperson is officially presu&ed .tdbe dead.128~. Property of ofice~s o!: the Zndia~t Air Force who die OT desett.-Theprovisio~ln of sections 128B to 1281 shall apply to the disposal of the propertyof the officers and warrant office!ts of the Indian Air Force who die or desert.128R- Pou:srs of Committee df Adjustment.--(1) On the death or desertionof a11 oficel. or warrant officer of @e Indian Air Force. a Committee of Adiustmentappointed in this behalf in tbe manner prescribed (hereinafter referred toas the Committee) shall, as soon %? may .be, subject to the rules made in thisbsha.lf under this Act,-- ?:(a) secure all t.he movkable .pro-pertp belonging to the deceased ordeserter, thaG is in camp @ qnaikrs, and cause an inventory thereof,to be made, and ascertain -&nd draw the- pay and allowances, if any,due to him ; an3(h) mcertain the amount, and provide for, 'the payment', of theservice and other debts in camp or quarters (if any) of the deceased ordeserter. - , 'i % 1(2) In the case of a deceased offic& or warrant officer whose representative,widow (if any) or next of kin has gijen securitv to the satisfaction of theCdmmittee for the pavment of the sertice and &her debts in camp or quarfers(if anv) of the deceased, the Cornmitt+ shall deliver any property received byit under sub- ec'iion (1) fa that represent@ivc, widow or next of kin. as the casebe, an 1 : shall not further in~erfer& in relation to the property of thePdeceased. - ,'(3 In the :case of a deceased ot%cer.ki warrant officer, the Committee, save \may be prescribed shall, if it .appeaqs to it necessary for the of ,Eem'ce knd other debts in camp or quarters and the expenses, i'f anv, incuyedby the, Committee, and map. in any otqer cDBee, collect all moneys left bv thedeceased in nny hank (including any pod5 o'ffice savings hnk. co-operative bank 4or Rocietv or any other institution receivi?~ deposits in monev. however named)* aand for that puvose map reauire the agent;. manager or other proper officer of asGL?h b'anlr, sociefp or other institution to pav thp monrvs tn 'fie Committee - 3forthwitl1. and such agent. mnnager or qt)i.r sflic~.r shall he hound to complywith thenotmithstaudin~ anvtbing in my rules of the bank or other 3institvtion;..and when anv money has bein paid by a bank or other institution 3in with the re~quisition undey ;this sub-section, no person shall ha,vc:i2against the banlr or other institution in respect of sudl money.(4) Tn the c:i.;:. , ~ f n dwc.:isct! dffcer ns marra~!t ofic~r whose est;nt,e ]>:IS not :jhpc,il den)( with under sul,-sect,io~~ (2j 2nd in the case of a dcsert,er the Corn-Init.f.cc, F,,\-:ie~,t to any rules ~nnilo in this ;$)ehnlf under this Act, shall, for tile 1l,urrlOw of T,aying-fJle ser+ce nr!d other clibts in cttrllp or ciuar-Lera, rtrld mag,j,, ot,herc?y:,cctso, fie11 ur c:iinver$ ink; ru0r:i.y f-Ti! G. ?n.ovr,n!~ie propert.; chf$1; di:ceazei. or. deserter. 1

'L1, .g~ i ~ j and indian Air. Poroe (k.mondmenb) ?out of the moneys referred. ta in sub-sections (3jothar .debts camp or quarters (if any) of the(6) In the case of a de&~sed otkicer or warrant ofScer, the surplus (if any)shall be remitted to the pre%ri.bed person.(7) In the csse of an o%c& or warrant officer who is a deserter, the surplus(if any) sha.11 be forthwith red'tted the prescribed person and shall, on theexpiry of three years fiwm the &he of his desertion, be forfeited to the CentralGovernlnent unless the deserter &tall in $he meantime have surrendered or beenapprehended : iProvided that the prescribed p&son may pay the whole or e;ch'part of thesurplus as he may deem proper toiithe wife or children or other dependents ofth3 oficer or warrant officer.iz(8) I£ in any case a doubt pr diffJFence arises as to what are the service andother debts in camp or quarters of @! deceased. otlicer.. or doserter or as to theamount payable. therefor, the decision">;of the prescribed person shall be finaland shall .be binding on all persons for'911 purposes.(9) For the purpose c~f the exercisLq.,of its duties under this eection, theCommittee shall; to the exclusion of all:.,authorities and persons whomsoever,have tha seme rights and powers as if it i+ad taken out representation to thedecea~ed, and any receipt given by the Codmibtee shall have effect accordingly.128C. Powers of Central Government to-~-.,bahand over the eatate of o dcoeasidoffice7 to Administ~ato?. General.-(1) ~otwbhstandin~ anything contained inthe Administrator General's Act, 1913 (IH, oei,1913), an. Administrator Generalshall not interpose in any manner in relatian any property of a decewd officeror warrant officer which has been dealt wit&$under the provisions of section128B except in so far as he is expressly require$ or permitted to do so by orunder the provisions contained in this Chapter. !(2)-The Central Government may at any timh and in such circumstancesas it thinks fit direct that-,the estate of a decea&d officer or warrant office1shall be handed over by the Committee to the Administrator General of aProvince for administration and thereupon the Comqittee shall make over the

G8 i&&n Army a d Indian Air For06 (~m~ttdrnmi) LAO* xvfirepresene'ative of the deceased within six months 'after tha publica-- biou of the last of such notices, the prescribed person shall depositthe surplus together with any illcome or accumulation of incomeaccrued therefrom to the credit ot the Central Government:Provided that such deposit shall not bar the claim of any person to suchburplus or any part thereof.l28E. Dtsposal of eflects not-money.-W-here any part of the estate of tideceased oibcer or warrant oacer consists of effects, securities or other plopertynot converted into money, the provisions of section 128B and section 128Dwith respeot to paying the surplus shall, save as may be prescribed, extendto tho dehvery, transmission or transfer of such effects, securities or property,and the prescribed- person shall' have the same power of converting the sameinto money as a representative of the deceased.l28F. Disposal of certain properly withut production of probate, sic.-Property dehverable and money payable to the representative of a decetlsedoficzr or warrant officer under section 128B or section 128D may, if the totalamouul or value thereof does not exceed five thousand rupees, and, if theprescribed person thinks fit, be delivered or paid to any person appearing tohim to be edtitled to receive it or to administer the estate of the decensed,without requirFng the production of any probate, letters of administration,sucoessioli certificate or other such conclusive evidence of title.l28G. Discharge of Cmmititee, prescribed person and the Crown.-Any papment of rnoney or delivery, application, sale or other disposition of any propertyor money made, or purporhed to be madey by the Committee or theprescribedperson in good faith in pursuance of sectioll 128B, section 128I),section l28E or'section 128F shall be vgid and shall be a full discharge to theCox~~mittee or the prescribed person, as the case may be, and to the Crownfrom all further liability in respect of that money or property; but nuthingherein contained shall affect the right of any executor or administrator or otherrepresentative, or of any creditor of the deceased officer or warrant officeragainst auj person to whom such payment or delivery has been made." 128H. Property .in the hands of' the Commzttee- or the p~es~ribed pe~eo.n not _ :Ito be assets at the place where the Qommittee or the ,prescribed pereon is , i_ stationed.-Any property coming under section 128B or under sub-section (4) \of. ~ectron 128C into the hands of the Committee or the prescribed person shall 1not, by reason of so coming, \be deemed to be assets or effectw at ths place in 1which that Committee or the prescribed. person is stationed and it shall not1be necessary by reason thereof that representation be' taken out in respect of .,ithat property for that place. : !I1281. 9aving of rights of iepesentative~-~fterthe. Committee has depositadi.with the prescribed person bhe surplus of the property of any deceased ofticer -'4or warrant .officer under sub-skction (6) of section 128B, any representative of 1the dqc(3asecl o: any Admii~is$rator General, sha,ll, a's regards any property of " 7t.he deceased not collected b:y t,he Committee and not forming part of the 4aforesaid surplus, have the ss@e dghts and duties as ifsection 328B had notbeen enacted.j3 .,1285. Applicatiol~ oj scctiobs 128B to 1281 to lunatics, etc.--The provi- 4@ions of sections 128B to 1281 shall, so far as they can be made applicable, applyin the case of .an officer or warr$nt officer of the Indian Air Force who, notwith- ,etandiiig anything coiitained in '$he Indian Lunnc~ Act, 1912 (1V of 1.912), isaricceriained in the presctibecl m'p~lncl: to bc insane., or, wh.0, being 011 -activb serGice, i$ ofiicjfi?ly report&? missii~g, 5,s if hc had died 0;: fke dny oil .\';hich his 1insanity js r:o :isce?tn.incd . . or, ns Che c:isc. SIIR~ 1)c> 012. t;hc dciy 011 ut~l~icb. he i* oficinllpreported r~~igsiag:li

ian Air. Force (Lnendmsnt'gi 9‘cer or warrant officer so reported rnififiingtions (2) to (5) of-section 728B or undaofficially presumed- to be dead.528K. Appointment of. Cofnmittes of A,djustment when ofieradia or desert - while on acti --%'hen an officer or warrant officer diesor deserts while on activee references in the foregoing provisions oithie Chapter b the Comm bs construed as. references to the Standing Committee of Adjustmenb 8 eny, appoiilted in this behalf in the mannerpresorim..\@128L. 1wte~pret~tion.-FOP thdj purposes. of, this Chapter--(1) the expression 'service andk other debts- in camp or quarters' includesmomy due as air force debts, nan~eb, sum@ d ~ in e respet; of, or of- auy advancein respect of-I1(a) quarter&;i(b) mew, band, and oper smice accounter-;(c) air force clot.hing, pointruents and equipments, not exceedinga sum equal to three 011th~' pay of the deceased, and ha-viag:become due %ithi11 eighteen \months before his death;,$?) 'representation' includes probabe and letters of sdministration with orwi3hout the will annexed, and:a srlceeshion certificate, constituting: a persm theexecufor or adhinistra.tor of the estate $f a deceased person or a;ut.horising him.- $o receive or realize t6e assets- of. a de@ased person;(3') 'representative' means any persorhwhc has t;klren out representatiorr-but-doe& not inr?.lude an A'dfniaistrxtor Generii!. "r. menament of sections 16, 16 andl 17, net of 1913.--in the ~ d -mjnisfratior General's Aot, 1913;-\(i) to st2ction $5, after 'the worcls aalld figkes "Regimental Debts Act, 189""the wads and figures _"the Indi'alz Arrriy hct, 1911 (1'111 of 1911) or the.Indian Air Force Act; 1932 (XtV of 1Y32jn slbaI1 be added;(ii) in section 16, after the words and fipJree "the Regimental Debts Act,1893" the ~vordi- qnd figures "the Indian AI$? Act, 1911 (TI11 of 1911) or'tile Indian, Air Farce Act,. 1982. (XiP of I93'2)'\ shail be inserted.; and.-(iii} in. mckn 17,- -fin; tifter the word% fio;ures . "@e . ReSrnentaI. hebts Act.,7P03". at both places .where they occur\ tlic words and ligures "theIh&i'an Army/ Act,. IBll,p~ the 111.di:in A$ Force Act., 1932" shall bebtserted;, andfbl after the wortlb "suljject to the 1 c&v Act or tbe Air Force-~ct" the wordb and 5gures "or of an 1nBian commissioned oBcorfiubiect .to the Indian Arinp Act, 1911 (VIIJ of 1911) or of an officer^-or ~yarrant officer of t,he k~clisn hi:. Force kubject to t,he Inclia1~~AirForce Act, 1932' [XIIT sf 1932)" sht~ll be i~i$pr:kecl.-I ,'

1)J1 Act to extend the date up to\which certain duties characterised ss protectivein the IE'lrst Scheduie to the In&m Tariff Act, 1934, shall have effect a dfurther to amend the Sugar hduStry (Protection) Act, 1932.(Beceiveci the assetzt\of the G ernor-Gerzeral on the 91st ~!lurclz, 1948)WHERE&Sit is expedient to.date upto which ceatain dubieoharacterised asSchdule to the Indian Tariff Act1934 (XXXI-I oi 1934), shall have further to amend the Sugar hdustrj(Protectio~l) Act, 1932 (XI11the purpose hereinafter appeal.-ing ; i,It is hereby enacted as follows :- ?1. Short title.-This Act may be c roteotive Duties Conthuat:onAct, J948.2. Amendment of First Sche I of 1934,-In the WirstSchedule to the Indian Tariff Act, 193(i) In items Nos. 17, 28(5), 28(6, 46(1), 47, 47(1), 48, 4F(1),48(4), 48(5), 48(7), 48( ) in the column headed"Duration of protective ", for the figures "1948"wherever they occur, t49" shall be substituted.(ii) In items Nos. 63(2) andn headed "Name of article",ior the wards and br .ban alloy, tool or special8,teel) ", the words aner than alloy, tool or specialSteel specified in itehall be substituted.(iii) For item No. 63(30) the following itemkhall be substituted, rlarnely :--' ti;d(YO) Rods or bars of alloy, tool or special steel of the following ~ategories,but exoluding precisiondrawn bars, blue reeledand polished bars, brightfinish bars :-.(1) High speed steel containing- cent tungsten,(2) Stainless and heat resisting sbeel. contabkg more than 11 pet adntchromium,5(3) Other dloy steels n4 included in .ca%gorof the following :-(i) 0-40 per cent. or more of chromium or @(ii) 0.10 per cent. or more of molybdenum(iii) 0.00 per oent. or more- of manganese.(aj of British Manufacture Protective 30(b) ndj of British Manufacture' Protective 49, Amendment of Freamble and section 8re amble and section 3 of the Sugar Industryiigures "194.0" wherever they occur, the figures

d...Act ho. XIX of 1948\1THE DO~~IN~ON LEGISLATURE]It is hereby enacted as folloGeneral on the 31st March 1948)the Ixldian Tea Control Aotation 1 of the Indian Tea Control Act, 1938 (hereinafter referred to cts the saidAct), the followiilg sub-section shall b substituted, namely:-"(4) It shall remain in force up to the 31st day of March, 1950."3. Amendment of section 2, Act VI& Of 1938.--In section 2 of the said,4ot,c-\(a) for clause (g) the following clau@'(g) "standard export figure"' (g) "standard export figure"(b) in ciauses (h) and (i) for thethey occur, the words "Thea sine~zsis(1D''or(e) taken as part of the persona5. Amendnlent of section 12, A,12 of the said Act sl?all be omitted.6. Amendment of section 14,tion 14 of the said Act,-(a) for the words and figuresthe words and figures "before thRnd'(b) for the words "within othe words "on agplication madesubstituted.7. Amendment of section section 26 of the said'Act,--:"(a) for the figure "1943"(b) for the proviso. the f"Provided that this sectplanting new areaa, but not(a) the illfilling or suppbefore the 3fst day of RIarc,b._Prio~ U"r7ia 1 01' 1:d._I

(1) in sub-sections' shall be su~stit~ut~ed, and29, Act VIII of 1938.-In sub-section (1)Bf section29 of the said Act, ause (b), the following shall be inserted namely :-(1) of seoticn 30 of the said AVIE of 1938.-Theproviso to sub-sect'one

Act No. XX of 1948[PASSED BY THS DOIY~ION LEC+I~LATUBX]Bna Aot to give @ect 60 the thancia1 ~)roposdu of the Oentral G)ovewmentthe yea beginning on the first dlw 01 Agril 1948(Received th assent of the Governor General on the 30th Haroh 1948)wHEREAS it is expedient to discontinue the duty on salb !manufactured in, or imported into the kovinces ofIndia, to fix maximum rates of postage under the Indian Post 'Office Aot, 1898, to alter certain duties of customs and excise, VI of 1898,to levy certain additional duties of customs and exciae, to ikrat. of, and make certain provisions relating to, income-taxmd super-tax, and to oontinue, subject to certain modificatiom,for ta period of one year the tax imposed by the Business ProfitsTax Aot, 1947 ; XXI of 1047.is hereby enwted as follows :-(I) Thia Act may, be called the Indian Finanoe Act, 1948. Short title aadytent .-xte& to_ &%he w- "hd" of ~ n d i a - w2. For the yearduty shall be leviedor I.$ land into, the--.. _3. For the year beginniog on bhcSchedule .contained in the First ScheAct, p45, shall again be iuserted in the Indian Post Office Act,1898, rs the First Schedule id that Act. M of 1898.4. In the First Schedule to the Indian Tariff Act, 1934,- Alteration of'fog3b -(a) in Item No. 24, for the entry in the fourth column, ~ ~ ~ Of ~ i B .the entry "Rs. 13 per Ib." shall be se'bstituted ; XXXII of 1934.(b) in Item No. 24 (l), in the entrj in the fourth column,!for the lettore and figwes "Re. 7-8", the letters and figures1"Rs. 12-8" shall be substituted ;I(c) in Item No. 24 (2), in the entry in the fourth column,Ifor tho words, letters and figures "8s. 18-12 per thousandIor Rrs. 7-8 p~r lb." the wurdu, letter6 autl figures "Its. 31.4per thousand or Rs. 12-8 per lb." shall be substituted; and 1(d) in Item No. 75 (I), for the figures "379" in the fourthcolumn, the figures "50" shall be substituted, and for thefigures "30" in the fifth column, the figuros "42)"shall besubstituted.8. Where any goods chargeable with a duty of customs under Addition& ldutieathe First Schedule to the Indian Tariff Act, 1934,,or under the said $?j$'~~;isa4,Schedule read with ally notification of the Central Government forthe time being in force, are assessed to duty, there shall, up to the41st day of March, 1949, be levied and collected as an addition to,ani in tho same mariner as, the total amount EO chargeablc-(a) a sum equal to one-half of such amount, in the case oigoods comprised in Items Nos. 22 (3) and 22 (4) and sub-itema(a), (c) and (d) of Item No. 22 (5) of the said Schedule, and(b) a sum equal to one-fifth of such amo~uiL, iu ally othei.w e :Provided thnt such additional duty of customs shall liot LuLevied and colleoted on the goods specified in the first Schedule tobhie Act.Price cbl~t~a 1 or 16~1.-4I

Imposition and 8. In theGSecond Schedtils to the Indiall Tariff Act, 1934,Il;emselbration cer- Nos. 6 and 7 shall be omitted, and in lieu thereof, the followingtdn export duties.xXZI~I of 1838. Items shall be inserted, namely :-"6. Cloth of any descriptio!l il!an?lfaotureci either who!lyfror11 cotton, 01.pa~l.ly fi.~:~? cotton and iiartly from anyother substance and conl;ainillg not less than ten pe:.cent of cotton by weight, but excluding clolih of hand-166111 manufactwe . . 25 pel* cent.ad vcahwn.7. Manganese ore . . 25 per cent.ad valowm.8. Oil seeds . . R.s. 80 per ton.9. Vegetable oils . . Rs. 160 per ton.''bpoeition apd 7. (1) In the Firat Schedule to the Central Excises and Saltalteration.& om* A&, 1944,-tain duties of exdm.(a) in eaoh of the sub-items (I) and (2) of Item No. 2,-I of 1944.. '.-*.. ..,P . . 441 clause (i) &t&U be omitted,(ii) clauses (ii), (iii) and (iv) shd be renumbered asclauses (i), (ii) and (iii), respectively, and. , . i- , -.. $.* (iii) -ha,alziuse (i) as so. renumbered, the %ords"more tha'l'i.$forty, but" shall be omitted ;(b) in Item No. 9,-(i) for t,he entry in the third column aga.inst sub.item I (2) (b), the entry "Twelve annas" shall be substituted;(ii) in the entries in the third colump against sub.item I (3), for the words "Nine annas", at both placeswhere they occur, the words "Twelve annas;', ehaU besubstituted, and for 'the words "Three annas", at allthe three places where they occur, the words "Eourannas" shall be substituted ; and(iii) in sub-item I1 before Che word "Cigars", the brao- Ikets and figure "(I)" shall be inserted, and to that subitem,the following shall be added, namely :-"(2) cigarettes of whioh the value-Per thouad(i) exceeds Rs. 50 a thousand . . . Twelve rupees and ,eight annas.(ii) sxceds Rs. 40 a t,housand but does not Ten rupees.exce~d R,s. 50 a thousand.(iii) exceeds Rs; 30 a thousa.~?d b_ut does not ax- Seven rupees and .'ceed Rs. 40 a thoufiand.eight annas.y . '! I(iv) exceeds Rs. 25 athousaud hut does not Six ri~pees rind fouroxcocd R.s. 30 a thousr,nd.~~1~11b.s.(v) exceeds Rs. 20 a thousailcl but does not ex- Five rupoas .ceed Rs. 25 a thousand.(ui) oxceods 2s. 15a thonssnd but doos not ex- Three rupees arid:ceod Rs. 20 a thousalidtwelve a1ma.s.;(vii) oxceeds R,s. 10 a thouzand 1,ut dces not ex- TFO rupoes a.nd oightqcoed Rs. 15 a thousnnd.annns.(uiii,) liots not. itscoed I

(c) in Stem No. 1.0, hi: the words "Ten per oent." thewords "Fifteen per cent.'' shall be substituted ;(d) in Item No. 11, for the words "Pive rupees" the word8"Seven rupees" shall be substituted ;(e) Item No. 12 shall be omitted ;(f) in Item No. 13, for the words. "Two annas" th4words "Three anna~'~ shall be substituted; and(g) in Item No. 14, for the words "Two annas" the wordm"Three annas" shall be substituted.(2) In Part A of the Second Schedule to'the Centra.1 Exciseaand Salt Act, 1944, the figure and word "2. Betel-nuts" ahall 1 of lM4.be omitted, and for the figure "3"; the filxe assessee'fi total income LL~ reducedby ~ii~y portion thereof exoillpt from tau underany 'othcr provision of this Act, or(b) two hui~dre(~ and fift~7 tho~~sancl rupees,whichever is less,/-SZL.[*.L, A.G.1450..T - .~. . . , >,A! d.5 .,;. .a+ .,

Indiati Finance [ACT xx(3)Vhe amount by which the tax payable by an amme irrreduced on account of an exemption under this section shall noin any caw exceed half the amount in respect of which the exemption is allowed under this section".(6) In section 16. in cla11se (a) of eub-section (1)' for the wordsand figures "section 14 and section 15", the words, figures andletter "~eqtion 14, section 15 and section 15B" hall be substituted; and in sub-section (2).for the nrords "of a company" thewords and brackets "of the company (without taking into accountany rebate allowed or additional income-tax charged)" shall besubstituted.(7) In sub-section (3) of section 17, after the words and figurea"of section 14" the words, figures and letter "or under section 16B"ehell be inserted.(8) In sub-e~ation (3E) of u~rtion 18, for the words "by acompany" the word^ "by an Indian company or by a companywhich hw made such effective arranpements as may be prescribedfcr the deduction of super-tax from such dividends" shallbe substituted.(9) In section 19A, after the words "every aompany", the words"which is p,n Indian company or a company which has madesuch -.--- effective -- arrangements - asay be prescribed for the deolarationand-payment oFdiGden&-in %%kkh&" shall be inserted.(10) In section 49B, for the words " such peyson shall be deemed"the words "such eraon shall, if the dividend is included hD. ' ' ~ f i ) his total income, be fi eemed" shall be substituted, and for the' Iwords "total income of a company" the words "total income ofthe company" shall be substituted.~ncome-tax end 9. (I) Subject to the provieions of sub-sections (3), (4),super tax. (5) and (6), for the year beginning on the 1st day ofApril, 1948,-x of 1922.(a) income-tax shall be charped at the rates specified inPart I of the Second Schedule to this Act, and(b) rates of super-tax shall, for the plirposes of ~ection55 of the Indian Income-tax Act, 1922 (hereafter in this sectionreferred to as "the Income-tax Act"), be those specified in ,Part I1 of the Second Schedule to this Act.(2) In making any assessment for the year ending on the 31st!day of March, 1949, there shaU be deducted from the tot.al incomeof an assessee, in accordance with the provisions of section 16A -of the Income-tax Act, an a,moi~nt ~clurtl to one-fifth of tho oarncdincome, if any, included in hi8 t,ot

income-tax imposed in British Xndia, the income-taxpayable by tho ausessee on that part of his total incomswhich consists of such inclusions shall be an a.mauntbearing to the total amount of income-tax pavableaccording to the rates ~pplirahle under the operationof the Indian Finance Art, 1947, on his total income XX of 189'.the same proportion the amount of such inclusionsbears to his total income ;(b) where the total income of an assessee, not being a CODpany,includes any income chargeable under the head"Salaries" on which super-tax has been or might havebeen deducted under the provisions of sub-section (2)of section 18 of tlie Income-ta,x Act, the super-tax payableby the assessee on that portion of his total incomewhich consists of such inclusion shall be a.n &mountbearing to the total amount of super-tax payabb, accordingto the rates applicable under the operation ofthe Indian Finance Act, 1947, on his total income the xXsame proportion as tho amonrlt of silch inclusion bear6to his total income.(4) In malring any asse~sment for the year ending on the 318tday of March, 1949, where the tokal incoms of a.a aasessee consistspartIy of earned income and partly of unearned income, the supertaxpayable by him shall be-(;) on that part of the earned in come, chargeable ~nd@the head "Salaries" to which clause (h) of sub-section (3) applies,the amount of super-tax computed in accordance with theprovisiom of that sub-section, plus(ii) on thc remainder of the earned income, the amountwhich bears to the total a.mount of super-tax which wouldhave been payable on his total income had it consisted whollyof earned income the same proportion as such remainderbears to his total income, plus(iii) on the unearned income, the amount which bearsto the total amount of super-tax which would have been payableon his totad income had it consisted wholly of unearnedincome the same proportion as the unearned income bearsto his total income.(5) la making any a.sscssment for the year ending on the3lst day of March, 2949,-(a) where the total income of a company includes anypro6ts and pains from life insurance business, the super-taxpayable by the company shdl be reduced bv an a,~n.onnt computedat the rate of two annas in the rupee on that part ofits total bcncoine vhich consists of such inclusion ;(6) where the total income of an assessee, not baing acompany, include8 any profits and. asills from life inallraneebusiness, the income-tax and super-ta,x paggble by the sssesseeon that part of his total incorne which consists of such inclusionshnll be an amount bearing to the total amount ofsuch tases payahlo o,cc.or.din~r to the rates applicable underthe ope~~tion of the Indian Finance Act,, 19i2, on his total of lok2*income the snlzle proportion as the nmom~t of such inclusionhiti-E to hi8 totnl incol?le, EO liowevei that the zggrog~te ofthe taxes so con~putod in lespcct of eucli i~lclusion sllnli ]lot;i.11 any case exceed the 8rr;nlount of t:ns payaljlc nn such iiic!upionat the rate of fi VE: L?*II,RF inyt??$~upec.

Amendment ofAcb XXL of 1047.f&m ,P'bwn~e&A~T mt(6) In eaeoll to which seoti~n 1'7 of the, Income-tsx Act applie~,the tax chargeable shall be determined as provided in tha6 section,but with reference to the rates imposed by sub-aection (I), and inacco~ce, whore applicable, with the provisions of sub-sectiom(3), (4) and (5) of this section.(7) For the purposes of making any deduotion of income-taxm the year beginning on the 1st day of April, 1948, under submotion(2) or sub-section (2R) of section 18 of the Income-tax Adfrom any earned income chargeable under the head "Salaries",the eetimated total income ofthe assessee under this head shall,fn oomputing the income-tax to be deducted, be reduced by anamount equal to one-fifth of such earned income, but not exoeedhgin any case four thousand rupees ; but no abatement shall bedowed by the person responsible for paying the ealary in respectof any donations made by the assessee to which seotion 1ijB ofthe Income-tax,Act is or may be applicable.(8) For the purpoees of this section and of the rates of tax im;poeed thereby, the expression "total income" means total inoomodetermined for the purposes of income-tax or super-tax, as thewe may be, in accordance with the provisions of the Income-taxA&, and the expression "earned income" has the meaning assignedto it in clause (BAA) of section 2 of that Aqt.10. The following amendments shall be made in the BusinessProfits Tax Act, 1947 :-(I) In clause (1) of section 2, after the words "chargeableaccounting period" the words and figures "ending on orbefore the 31st day of March, 1947", shall be inserted, andafter the words "the period of one year" the following shallbe inmrted, namely :--"and in respect of any chargeable accounting periodbeginning after the 31st day of March, 1947, such sum asmay be fixed by the annual Finance Act".(2) In mb-clause (a) of clause (4) of section 2, for thefigures "1947" the figures "1948" shall be substituted, andto the said clause (4), the following proviso shall be added,namely :-"Ravided that where an accounting period falls paetlybefore, and partly after, the end of March, 1947, somuch of that accounting period as falls before, and somuch of that accounting period as fa118 after the end ofMarch, 1947, shall be deemed each to be a separatechargeable accounting period."(3) In sectioi~ 4, for the words "whioh shall be equal tosixteen and two-t.hirds per cent of the taxable profits", thefollowjng: shall be substituted, namely :-"which shall, in respect of any chargeabla accountingperiod ending on or before tho 31at day of March, 1947, becqud to sixteen and two-thirds per cent the taxableprofits, and in respect of any chargeable ticcounting periodbeginning after that date, he equal to such percentage ofthe taxable profits as may be fixed by trhe ailnual Pinai~ocAct."14. (1) The ?ax jrnposed by section 4 of the Businesa ProfitsTax Aot, 1947, shall in of any chnrgeable acoouutingperiod beginning after the 31st day of Rirtrch, 1047, he fin amount,equa{Lo tell pel2 cent of the tfixable profits,

(2) E'or the purposee of the said Aot, "abatement" sh& x m s w vin respect of any chargeable accounting period beginning afterthe 31d day of March, 1947, a ~11m which beaxg-(a,) in the case of a company not being a oompany deemedfsu the purposes of eection 9 of tho said Act to be a firm, to a.sum equal to six per cent. of the capital of $he company on the- &st day of tho said period, complited in aooordanoe dbhSchedule I1 to the said Aot, or two lakhe of rupee, whioheverL greater, or(ti) in any other case, to two lakhs of rupees,She mme proportion as the said period bearm 60 the period of OR@year.-THE FIRST BCHEDULBG& on which additional duty of cwtoms is not k&bl4A. Goods eornprised in the following Items of the =St Sohedujeto the Indian Tariff Act, 1934, namely :- XXXXI of 1034.Nos. 8 (2), 8 (3), 9 (ti), 20 (I), 20 (3), 20 (4), 24,24 fl), 24 (2),24 (3), 25 (I), 27 (4), 27 (6), 27 (61, 28 (lb), 28 (16), 28(17), 28 (18),29, 29 (I), 30 (B), 30 (lo), 43, 44, 46 (31, 61 (2),61 (3), 62 (I), 62 (2), 63 (30), 63 (31), 63 (32), 63 (33), 70 (2),70 (3), 71 (7), 71 (8), 72, 72 (1). 72 (2), 72 (3), 72 (ll), 75 (I),75 (5), 75 (6), 76 (7), 76 (8).B. Goods comprised in the folloming items of the Fht Schsduleto the Indian Tar3 Act, 1934, when the Customs Collector issatisfied that such gocds are the produce or manufacture of Burma,,namely :-INo, 7 (potatoes and onion^ only) and Nos. 9, 9 (31, 13 (2),17 and 34 (4) (a).iTHE SECOND SCHEDULE 11(% section 9)Puvr IRates of Income-haA. In the cbso of every individual, Hindu undivicled family,unregistered firm and other association of persons, not being a mto which paragraph B, C or ll of thia Part applies--Rata1. On tho first as. 1,600 of total income . . Nil .2. On the next Its. 3,500 of total income . . Ono saua in-the ruves3. On the naxt RE. 5,006 of total income. . Two annae in therupoo.4. On the next Rc. 5,000 of total inco173e . . Three and a, belfannas in the rupm.6. On tho baloncv of total inco~uo . . Five annaa in thrrnpw.Provided that--(i) no i~~cntlie-tax shall bo payablo 011 re total i~comcwhich, bofore deduction 01' the r,llowa?lm:, if wly, for aanie?izbwme, dw: r;st o.~c;cnd Re. 3,W ;

(ii) the income-tax payable shall in no ~asexceed blfthe amount by which the total income (before deduction ofthe said aliowance, if my, for earned income) exceedn Be.3,m ;(iii) the income-tax payable on the total income as reducedby the a.Uo.rrrancs for earned illcomc shall not ex&either-(a) a sum bea,ring to half the amount by which thetotal income (before deduction of the allowance for ea

Pravidcd tbQ, wbem &he $fit@ ipwgt*, .w rduwd 'Sji f@aYrtnd s ha.K rr.3~kt tho mpei. e,sld by $1143 ii%ryaa6, 18 an , OXBB~~S~;from ipcorne.h, (!K(?~.E(%I tiw ELJM~OMWL of my &~i& El2 .B {iaolnd..ing cli.Bido&fi py~.b%$ ~t R fixed rate) deckred in mpe:::, of ?he41%ole or part DE egje greviahla gefu for the as.wmsatv for tb yearending on the 913t b y of Wa~ch, 1949, a& rn order bm beesa made.under sub-section id) of mtion 23A of %be bdim bome-k?Aot, 1982, a sebata sW. be &OW&. ~t, tUia mfz! of h~1f am1~ peaKUPM QS W1& EX~OW~ 5f BU&5XlBB3,D. In 'Qb ca& d o~a,ry bod agtb$lori%y' u.& in a>vecy ~.R.;*Gin whiuh, lander the provi@f.om of the hfihn Iwome-tax Ad,1922, income-tn,x $4 t.0 be obarpd st. the maximum sate---(a) the eqmion "dividwB'W bbe dmmd to ialolu&.ramy Biseributbn inal~dtd in tht e &on as ddbd holame (AA) of seation 2 of $he ~nd(an%mmc-trm Aol, 1925,md my meh &ribntioa d e dwing the yo= euding slgthe sltl~ d~y ~mdh, 1949, ~ I Ih I dead to have hd o in m e of tbe whob or part of bhe rcaviow year ;(b) the erpwnion "InW eompsny" &dl g,Up them mg@ed to it in ola~m (7A) o i~n 2 of kfi~ %n&wk~)T~r,ome.ta.x Ad, 1822.PABT YH&e8 oj f&gvf&sA. h tbao case of every individual, Bindu -axdivided Mtf,tinrsgbrd firm ad obher asamheion of permm, no% behg FIta which my othar parhtpaph of this Par$, nppli~s--!in.t.c:, i l' i!;co:nr, Ilkle, if inconlei~ri!ul!y +al.rl-:.tj v?hq:!!!~{ ur2m.lv?f+

0. In the awe d an mo%&bim of permn~ bethewiety, other tihm the i+hr.&a&ttb &d&gm' Ebciety in tbf33Bomby Mdenoy, fw tihe the being regb&ed under the Cboperative Laeeieth As&, 1912, or tinder an A& of ag Psovim&,1tars gverahg tb re@1m,t4~ra of c@~pmtive raw!ietim-B W-~SWLI'031 tl'; ~ o lef o Cob1 iQuoW - . '1'1w.e arms h tho t.upae tBmad %'Bsl.S, seb8te nb the rate of 0x10 &rn% pr apd th~tad isroome &dl be .&owed in the of any oompany=hioh, iis u.f i& p d t bble ~ t~ %ax onder Peaishn Inwnie-wAm. 1922, for the ywr ending on the 8PsC day ~f,@rch,BW8, htm made the w ~bd emern8nb(a) fm t& d~elmatiola md paspen% h $.b T?sovhces of 1~&2iof ek\g &vid~nd payabls rant of BUC~ pr06&, ~ nd --(b) ~OB' the d,dts&ion of anper.Ps,x from dividend~ i~ sbccordnncuwith $he prouwione of ~ub-~eo&isla (30) or (ah]) of ~~~t~issl18 of the 5dd Act.

Act No. I of 1948[PASSED BY THEOMINION LEGISLATURH]An Act further to the Indian Railways Act, 1890(Rsaeived the assent ojj the ~4vemr-General om the 3rd. April 1948)W BEREAS it is expedient rther to amend the Indian Railaagn dot,1890, for the-purposes appearing;It is hereby enacted as1. Shat title.-This the Indian Railways (Amendment)Act, 1948.il2. Amendment of section 1, ct IX of 1890.-For sub-section (2) of sgction1 of the Indian R.ailway-s Act, 1 0 (hereinafter referred to as "the said Act"),the following sub-section shall substituted, namely :-"(2) It extends to the bhole of India."3. Amendment of section IX of 1890.-In clause (22) of section 3 ofthe said Act, after theGovernment", the words "in relatio,nto a minor railwayan Acceding State, the Governmentof that State" shall be inse/4. Amendment of section 8A, Act IX of 1890.-To section 8A of the saidAct, the following words sha, be added, namely :-"or the doing of an thing on or to any worlcs, lands or buildings vest,od in, or in the possess'on / of, the Government of an Acceding State withoutthe consent of tha$ Government."Act, after the worshall be inserted.f Act to Acceding States.-In the application otState, references to the Provincial Governmentand in'sections 11, 12, 51 and 83 shall be coneGovernment of the Acceding State, and referinforce in the provinces of India but nut in forcestrued as references to the correspond-ii

.-6- pd-(ua' ..,9.41).hmd- &d5 bc~m1-4-52- ~an1-d U c a d ~ ~ ~~ ' ~ ~ . N t . S . ~ - d . 5 3 XC-~-S~,~ , d L - ~.~q-3-5~~&.$,-rS:~j$~~7,-. . . . P- Pment ;It is hereby enacted as follows:-1.-Short title, extent and duration.-(1)en6 of the Governor ,General on the 3rd April 5948).lic interest that the power G~CO~~O]the control of the Central Govern-This Act lxay be called the IndianPower Alcohol Act, 1948.(2) It extends to &he of India-ftakd m d ~ ~ ~ %(3) This Act or such portion thereof shall come into 'force in such are$ and onsuch date as the Central Government may, by notification in the offioial Gazette,apeoify in this behalf.L.n-~-I3. DefWtions.-In this A&; unless there is anything repugnant in the 'subject or context,-II' ;~ LLG(.;c!~i:rgl Gove:!~z!c:.:;;i hilt ,suc,l! ~):+i>liori,i~li i?f i>c>:i.c'i. nlcollol in tllc c::.se o! r!iixt.urg--.,>*,-- ,. I,.. A\,Ji{,l! I>z~,;ij~ .:I,~~ k)c,,;.;(.,yr.: f,j>.:

-*i s9 ' --- -I&Indian Powsr 'tlloohol'~AO'P XXII(3) ?hie ppyer a&p@l-@ be~ernp&&$ sq& &$xi& g8a4 be obtainedfrom such distllleriB as may, 2rbm time to time,'be speeified by the Central.Dovernment. (7. P~~~~.-Whoever oonlravenes any. of the provisiarrs df sdcfiions it Znd 6or my- or cr of the Central Governmentl issued thereunder shall be punishablewith bprisorrment wbioh may extend to six mo~ths or with fl~e not exoeedhgone thousand rupees or with both, and in the case of a continlred contravel~t.ignlgi* a, further fine which may extend to one hundred rupees for every day d e gwhich ,the contravention is continued after qonviction therefor., 8 Delegatim pswerfl.-The Central Government may, by 'notification in.the official GazeEte, direct that any power conferred by this Act shall, subjectto euch conditions, if my, as may be specified in the direcfion, be exercisable'@Is0 by-*(a) such *officer or authority subordina6 to the Central Government,QPb). suchGoveinment or such other officer or authority sub-' 6rdina'k to a Governmentss may bbe spocifiod in %h%e direction.. !9. dbenbs ta ^be bailable.-All offenoes punishable under this Act or ad7..h$e made thereunder shall be bailable within the meaning of the Code 6f -&rninal Procedure, 1898 (V of 1898)., , loe Meb tb de9.--(2) The Central Govyenment may, by nbtificationhi tbe official Gazetb, make rules for the purpose of caxrying into effect theprovisions of €hie Acti.,a:> i>,and without prejudioe to the generality of the foregoingRowers, such rules m&y-*(a) provide for the licensing of the manufacture of power alcohol;" ,'I (b) prescribe the specifications hnd tests in respect of the pu~ty of poweralcohol intended for admixture with petrol in order to ensure ituir '.+' siritability for use id mmo%r vehicles;(c) fix the price at which power alcohol may be sold for the purpose of< admixture with petr61;- (d) provide for imposing apd collecting ti duty of excise 06 power alcoholintended for admixture bith petrol;(e) prescribe conditions in respect ,of th? transport and storage of poweralcohol intended for admixture rmth petrol and for the mannsr inwhich the admixture is to be affected;(j) prescribe the subinission by a kanufacturer. of power alcohol or importeror distributor of petrol of returns regarding trhe power alcoholand aetrol manufactured, purchased, stored or sold, ns the cagemay be;(g) provide for denaturing of power alcohol at the distilleries; ', (12) pro~*ido for an? other matter which is to be or mag be prescribed underthis Act.1lm1 P,Y. * (3) Rilles this Act may provide, that any caatrnvention, of su&ruless shdl render the offender liable on conviction to s fine not excecdi12g onethousand rupece .- 11. Power of exen~ytion.--Xotnitl~~lnndine nl-rvtltinm rovtniilrli ill tli'c* Act.the ~ ~~~i,,,! C,ovcyfilllcat Innu, h-r ~~otifiatttion in the 0flici;il C,axr(te, declare thattll- I,vKqi~ionc, of this Act sh:;17 ~lq+ apply 't'o pr:p , - 1'. ( 8 1 ,La oi ens: .:tiny* ,Cf, ,-, ; ;it17 of 1,-i\~-+7~7=48-- lmp~i-~ 1 411- ?' ltcj

Act &o. XXIII of 1948[PASSE BY THE DOMINION ~IEGJSLATURB]An Actj to amend the Taxa ion on Pncame (Investigation Commission) Acb, 1947(Received tho assent o the Gove~nor General on. the 12th April 1948)'iWBGRFAS it is expediept to amend the Taxation on Income (InvestigationCommission) Act,/1947 (XXX of 1947) for the purposes hereinrtfterappearing;Tt is hereby enacted as fol??ws :-1. short title.-This Act miy tie called the Taxation on Income (Inveeti-- gation Commission) (Amendme-nt) Act, 1948,2. Amendment of section 4, Act XXX of 1947.-After sub-section (8) ofsection 4 of the Taxstion on Income (Investigation Commission) Act, 1947(hereinafter referred to as the said Act), the following sub-sections shall he-&led, namely:-;"(3) The Commission shall 'be ap~.%nted to act, in the firfit insttance.q~p to the 31st day of March, 1950, bul the Central Cioverllment .may ex-%end its term of appointment for ?ng pel.;d up to tho 31st day of March,1951.(4) The Central Government *ay appaint a Secretaq to the Commis-.sion and such other staff as may be necessary."3, Substitution of new section for seeion 5, Act XXX of 1947.-Firr sccticF6 of the ssid Act, the follorni~~g section s$all be substituted, namely :-"5. Power of Cejttral C.overt~rnept to ~efer cnssn for inveQtigation.-(1) The Centfa1 Government may at any time before the 30thJav of ,Tune1998 refer to the Commission for investiption and report any crtzs" or point%in a case in which the Centra! Government has prinaa facie reasons for believingthat a person 'nag t,~ a substitntial extent eosded pavmerlt of !ax%tion on income, tcgether with such material as may be avwil~ble in fill?pOfiof s11n11 belief, and inay at anv kime heforq the 30th day of June 1948 applytothe Commission for the mithdranral of nny case or points in a ce,fid thug1,derred. and if the Coma\ission a~proves of the withdrawal. no furtherproceedings shall therea.fter be t,alren hs, or before the Commission inrespect of the case or po;nts so withdrawn.12) The' Commission mny, after examidjna the material 'submitted ~ T Jthe Central Governmentr with refetenee to aiiy case or pointe in a crtne ~ptlmnking such inve~tigat~ion as it collsiders ll@essarv; report 60 the CentralGovernment that in its opinicn further'investicration is not likelv reup28an;y substantial evasion of taxation on incozip and on such report oelng.made the. investigation $hall he deemed to be! closed.(3) No reference made bp the c:entral Government under sub-section- (I), at any time before the 30th day of Jhne, 1948 shall he called in: question, nor shrrll the sufficiency of the materi.al on which such- a referenceha,s been mad. bc investigat'ed in an$ ma,d~ler by ally Court.(4) If in the course of inv(?sbigation into an$ case er points in a case', mferrecl t6 it under sub-sect,inn"(?l. ;the. Commissid,t~ has reasor- to believot:..,, .. fi~) that sorne.person ol,her than thc r,c;rson Those case is being inves. tigatc.3 has evnded payment of taxatiorii % on inconx, or,-. (b) that some points other tha,n those referre! XG it; by the Centl*al.Government in respect of any case alsd require inve~ti~n-~ion..,z-:.,, if' n-,ay malse Toport; ti t,ll~. Cent~a! ~ororl~nlai'lt stating its reasons' for sni,), )>elief and, on recc!iijl crf sue11 repo?t:, 0112 C;,! >i !,i,.: Gooc!-nme:ltfi,-i?;.c,+j f.1 1 5 ~ , 8 1 ~ ~,:i,yt!lii-,;; c ~ ~ ~ ~ c.:>~jt.;~ij:~ecX ~ i!: s,II!:-s!~;~..~!)II (1). fo?:t?]v;i: [J?*.b.. .. .

~1;:\a , \ . ,,:i: 2. ?'axation ' n lnmnze (ilava.stiga&ion Comntissinn) (~me,rcZment) i~ai. k$ii@ 9refer t e Commission for investig~tiotl the case of such other person ors ~ addit h ! onal points as may be indicated in that report."i %4, ~ubatitutiky ot new fiectlou for section 6, Act XXX of 1947.-For section: 6 of the said Ac!, the following section shall be substituted, namelp :-\16. Poweas of Comrnissio.n.--(l) The Comlnission shall have power to .require any pe son to prepare and furnish by a speoified date written statementsof accouLts and affairs verified on oath and, if so required, also ddf'b-_ctertified by a hualified auditor, giving information on such points- audmatters as mBy;l be specified; and any pegson so reguirad shall notwith- .standing anything in any law to the contrary be bound $o comply with therequirements of the Commission.(2) The ~o&ission tnhall also have power to administer oaths, sadshall have all the powers of a civil Court under the Code of Civil Procedure,1908 (V of 1908), for the purposes of taking evidence on oath, en.forcing the attend&ce of witnesses and of persons whose cases are beinginvestigated, compelling the production of documents and issuing commissionsfor the examination of witnesses.(3).If in the co&se of any investigation it appears Go the Commissioato be necessary to e&mipe "any accounts or documents or to interrogateauy person-or obtaiusany statements from any person, the Commissiol)may authorise any inc6pe-t.8~ authority noD below tife rank of an IncometaxOfficer (hereinafter 'referred to as the "authorised official") in that behalf,subject to such di~ctions as may be issued by the. Commission fromtime to time, and the au6horised off?cial shall examine the accounts or documents, interrogate the p4rson or obtain the statements from the person:Provided that the aut'horised' oficial shall in the discharge of his d~~tieibe entitled to employ suhh ministerial and subordinate executive staff aahe may consider necessax$(4) The authorised odPial shall subject to the direction of the Cornmissionhave the same powers as the Commissioq under sub-sections (1)and (4, and any person ha$ng charge or custody of accounts or clocuinelltsrequired to be examined sh notwithstanding anything in any law t,. i?~ccontrary be bound to them to the authorised o&cial :1nd to giveto such official any informa.tion in respect thereof which he may require;and anjr person inserrogated ::by the a~uthorised official or called upon byhim to make or prepare a sttitement or furnish informa,tion shall notwith.standing anything in any law \to the contrary be bound io comply withhis directions and answer all duestions relating to the case put to him bysuch official. :.($5) If &uy person whose &se or the points in whose case is or are. beirig investigated by the Commission refuses or fails to atcend in .personIn compliance with a notice in &at behalf du1;y served upon him or to giveaiid furnish stmatelnents when cqled upon to do so, the Commission may,if catisfiotl til~a~ the refusal or fa?{nre \s?s wilful, close the inTestigation 01the case and proccecl ta d1.a~~ ~~\its'r

.& f$bj.\'I.caxatior;;Jn IILBO/ILL (i,b~&3t~~ait01~L:omtmsg'c';Lj5~~me,rltfi~er~t~or fails to attend is bprson or !a produca or cause to be produced account8or documents or t~ 4wer guestions or prepare st%ttgments or to-furnishinformation when calleg upon to do so, the &uthorisle.s of aot>ur:!li justice, shall ifollo~\r as far as practicable the prirrciplcs of tllc Indian T$;i~icleiice Act,I1872 (I of 1872), and shall give the person whose case is beibg invectiga0 .ed a reasol.lab1e opportunity of ~cbu'cting any evidence1~ddi:oed agilirlstIIlilll; s.11d tile JjOM.Ol' of the Go- I~LLALL>~:IJL. ---,,'---:--- *LC/ C C I I ~ ~ 1)ra6li~.,ti~~>~ C ~ 6f iiocu:nc;ltg5j;rsl! no:' 1~ s.?li)jr:ct to the limitatio!~ i~~rposed h-j sccticll 130 of 1-:llc indinfi*. ,buitje:-::::: i:.c:,f,, 1372 (1 01 1572), - :i;d !I;c Corn~i~i:,si.o~.i s!~~~-,li Gcr clc::ined 1,.;Ii1

~makon on Income (Investigation Commission) (Amendment)[AOT xxmbe a'gourt and its proceedings legal proceedings for the purpose of sectionsof the Bankers' Books Evidei~ce -Act, 1891 (XVIII of 1891).- (3 , Any p,wsou' whose case is being investigated by the C~rnqissiol~may be'$epresented by a pleader, a registered accountant or an employeeduly autborised to act on his behalf, provided that no person shall be entitledto ber present or tb be represented in the course of qn enquiry undersub-sectioqs (3) and ('7) of section 6.(4) No'.>person shall be entitled to inspect, call for, or obtain copies of,any documeats, statement or papers or materials furnished to, obtained byor produced hfore the Commission or any authorised official in any proceedingsunder this Act; but the Commission, and ~fter the Commissionhaa ceased to exist' such authority as the Central Government may in thisbehalf appoint, may, in its discretion, allow such .inspection and furnishsuch copies to any person:Provided tha-$, for the purpose of enabling the person whose case orpoints in whose case is or are being investigated to rebut any evidencebrought on the record against hi. he shall, on application made in trhisbehalf and on payrgent of such fees as w.ay be prescribed by Rules made,under this Act, be furnished with certified copies of docamenk, statements,papers andthe record by the Commission.ission mav exercise its POWF~Nthe Code of Criminal Procedure,1898 (V of 1898),-1ep:ll proceeding. shall be instiorcriminal Court for any evinyproceedings before the Com-before such Court.except with the previous saced shall be admissible in eviprosecutionor other proceedingof the Central Government.this Act, the Commission may, in itsany document notwithstandingction 64 of the Indian Income-taxas applied to excess profits tax by940 (XV of 1940) shall apply tothe disclosure of any of the particular$ referred to therein in any proceedinebefore the Commission or in any repbt made by the C,ommission to theCentr~l Government or in any report m+,de to the G3m~11iss13n by an authorisedofficial. ', :'51'P

U. B~hWutiin o 8, Act XXX of 1947.-For seclion3 of fie %;bid Act, the stituted, namely :-re-opening of assessment proceedings.-(1) Savehis Act, the niaterials brought on record shall be .considered by a11 ee membe~s of the Commission sitting togetherand the report of mission shall be in accordance with the opinionof the majority.e report, the CenXral Governmen6 aha.U Ivyorder in writing: thinks fit under the In- .cess Profits Tax Act, 1949ainst' the person to whoseillcome of any period commencing- and, upon such a direction being: aand completed under the appro- i!ons confained in section 34 of thection 15 of the ExcessEIW and notwithstandingffect given in trhe case byAppellate Tribunal.(3) On a direction being g n (21, and not' otherwise.a oopy of bhe report; of the CoiC relaiks to the case ofhe em on concerned, uhall be(4) In all afisessment or reesses merif proceedings taken in pursuance1 1of a direction undel. sub-section (2), the findings recorded by the Com-\j;fsaion on the case or on the point referred to it shall, subject to the'1provisions of sub-sectjons (5) and (6),\be final: but no proceedings takeni~ nnrsuance of such direction shn.11 be q hxr t30 the initiation of proceedingsllnder ~ection 34 of the Indian Tnccme-$m A.ct, 1922 (XI of 1922).!192.2) and the provisions ProfiEs Ta.x Act,1940(XV of 1940) shal'l not* apply so far a declared find hv subsection(4.1 are concprned : h~it the nc,rsnirmap. within 60 daysof the date upon mhiqh he is served withsuch order. by applicationin the pre~orihed form a.ncompa of Rs. 100, require jthe ~nprooriate Commissinnsr of Tncoto the High Conrtbe heard by a Bench of not less than threeof the High Cwrt.section; the Cominiseappli'cati311 of %heect clerical or ' a.riLE-slip or amisi;ion: and nfter ti3e (=oto AX~P.~, the Comlnissionerof Tnr.niae-tax h2vinn jni.isdiction OT~~.T may exercise t,ILtrpowere confe~rc.? aron him bv section 35 of the Tncorne-'k A&1922 (XI of 1927 as if the Coinmission's report order passed byhim.tt 3.(r) Nn%wit~$t-a?idin~ ~~?fi.l:ing to the ~ontrary contmbed in this K&$iq any oth&81aw, for t,lie. t'ime bctng in fo~ce. n17y evi8~11ce ii, the. qasg\i1I;

I. Amendment of aectioA 9, Act XXX of 1947.-Iu section 9 of the saidAct, for the words, figures a brackets "any person authorised by i% ulldersnb-section (2) of sectioc 6", ? s bstitute "any authorised official."\

Act Nb. XXIV of 1948An Act further to sdpnd the Indh Aircraft Act, 1934\(Published in, the Gaaet e of ~ndia Eact~ao~dinary, Ea4. I V, 'HEREAS it ir eqedient \urt,hcr to arnsnd the Iodinrl Aircraft Act.W 1934 (XXII oi 1931) for th purposes heroinafter appearing;tIt is hereby enacted as follows:-t1. Short title.-This Act may calle I the Indian Aircraft (dmendm ent)Act,. 1948.P2. mendm me it of section 1 of Act II sf 1934.-For sub-s cciion (2) osection 1 of the Indian Aircraft Act, 193 2. (hereinaft~r called the aaid Act),following shall be substituted :-'B?+"(2) It extends to the m?lole of Tndia,$a:zd applies atyo--(a) to British subjects and servan!,~ f the Crown in w;g PI.: t of India(b) to British subjects who aretlley may be ; and(o)tthein any pxt of India wheretre~to, and to the persons on, air.iror$Et regis~ered ill India +herm1y be."a,3. Amendment of certain sections of Act IT of 1934.-In sections otho r!]an qect'on 1 of the said Act, for the worda "the P rovincee .vhere,ver they occur,ho word "India" shall be substituted.the

\Aet NO. XXV of 1948AnLn\qct further to amend the Provincial Insulvemm~ Act, 1920'[~.ec.eive& e assent of: the Gove~nor-General on tke,l2th April, 1948)kexpedient further to amend the zrovincial Ins_dvenc;yof 1920), for-the purpose hereinafter appearipg;It is hereby enacted\ follows : -1.. Short title.4his ~cP$may be called the Provincial Insolvency (Ameudraent)Act. 1948.k,@%2. linsertion of new section A in Act V of 1920.-In the Provinoial In-, ,blvencg Act, 1920, after section $8 the following section shall be inserted,aamely :-".,"28A. Insolvent's p~ope~ty to c~tain capacity.-The property of$he insolvent shall comprise and shadeemed to have comprised alsot$e capacity to exercise and to tak gs for exercising all such powersir, or over or in respect of propertye been exercised by the insolventf~r his own benefit at the commencem his insolvency or before his dissharge: '-.a--3,aPrgvided further that the property of the insolvest hall not be deemed byreeso~ of anything contained m this section to oompris his capacity referre,dm ia this section in respect sf any such sale, mcrtgage .gr other transfer ofproperty made LJI the Province of Madras after the 9Sth da? of July, 1942, u~ldbefore the commencement of- the Provincial Insc

[PASSED BY TEE DOMINION ~EGISLATWRE]bn Act to provide for the vesting of certain%roperty belonging'b the st& ojJunngadh in the AQministrator appointed by the Central Government(~eceiveil the assent of the Governdr General on tit-e13t h April 1948)EEREAS on or about the 9th day of November 1847 the administrationof the State of Junagadh was hsndad over to the Cexf%kal aoimrnent ;AND WHEREAS it ia necessary to provide for the vesting of certain p~op@ipbelon@g to the 8ai.i State in the Administ~ator thereof, and for certain inoidentalmatters ;It is hereby enacted as follows :--1. ~ho& title.-" his Act may be called the Junsgadh Administration (Property)Act, 1948.2. ~efinition.--In thh Bet " Administrator " means the person ap ofnted bythe Cent~a1 Covorment to be the Administrator of the State of ~un%s&.3. Vesting and disposal Of property and powers of: Adminhtzabr.-(1) Notmitb,&anding anything contained in any law for the tw being in force, the propertydGcribod in the Schedule, whether in the name of His Bighnem the Nawab of Juna.gadh, or the Dawan or the Private Secretary to Hh Highness, the Nawab of Junq.gadh, or tho Manager and Engineer-in-Chief, Junagadh State Railway, or the Chiof~ccounts Officer, Junagadh Stato, or any other person whatsoever or in the name ,fmore than one of tkm, shall be deemed on and from the 9th da of November 1947to have vestod in the Administrator, and the Administrator sha E , as from that dab,hold and be entitled $0 and have the power to deal with and dispose of the wid pro.perby as such Administrator.(2) Witholit prejudice to the generality of the foregoing provisions, the Adminitrator shall have the power to-(.) receive and give full'and effectual discharge for or in rq&t of the bankdeposits, securities and shares described in the Schedule ;(b) sall, transfer or otherwise dispoee of or deal with suoh property.- 4. fssae of duplicate s%nriHes.-Notwifhstandi~ snythiig contained in anglawfor the thi,e being in forco, the Reserve Bank of India sha.U issuo to t&e AhiniRlkrator du licate securities in his name in lieu of the securities spcc%edAin Pad 11d the Scgedule as if the ~ecurities SO specsed had been lost, and such duplicateecurities 811aN have the same effect as if they had becn issued ,under section 11 of thePublic Debts (Central Government) Act, 1944 (XVIII of 1944).5. Transfers otherwise than by Administrator void.-Any frapsfor of, or- d&ljtRdth, any of tho property described in the Schedule aftor the 8th _day of November1849, than by $he Administrator, shall be, wnd shall always be deemed tohave been, void and of no effect.6. Bar of jurisdiction,--(l) No Court shall have jurisdiction to entertain an,nit or other procecdinp in respeot of any of the property described in the 86hedu8b~ to enforce any liability in respect thereof, otherwise than at the inst.an& of tht;Adminhtmt or.(2) Aay claim in respect of such property by afiy p~t~~notheq than the AdlnjniErtratbr may be submitted to the Central GOVP~~T~C~~L,~hoso docision in the lrlattvPrho11 bo final.Price nlli,c;, 7 ci 1{(;1,* .7 .

*7. Protection of action taken under this Act.--No suit, proseoution or other legdprpceeding shall lie against the Central Go~ernment, the Remrve Bank of India,any bank or company named in Parts I and I11 of the Sohedule or any person foranything which is in gsod faith done or intended to be done in pursuanae of any ofthe prcwieions of this Act.8. power of the Central Government 'to add to the Sehedu1e.-The CentralGovernment m?y rom time to time add to the items of property included inthe echedule by S otifica,tTon in the officatl Gazette and on such notification suoh . -property shall be deemed to have been always inoluded in the schedule.9. Repeal &Ordinance No. XXX of 194'9.-(1) The Junagsdh Ac+nidstration(Property) Ordinance, 1947, is hereby repealed.(2) Anything done or any action taken in exercise of any power oonferred by or, under the said Ordinance shall, so far as it is not inconsistent with thie Aot, be deemedto have been done or tqken in exorcise of tho powers conferred by or under this Actas if this Act had commenced on the 2,4th day of Deoember, 1947.CTHE SCHEDULEPABT I.-BANK DEPOSITSSerialNo.Name of BankIn whom name stancling1. The Imperial Bank of India, Bombay . . . Dewan, Junagaah State.2. Tbe Bank of India, Limited, Bombay . . . Dewan, Junagadh State.t: 3. The National Bank of India, Limited, Bombaj . Private Seoretary to His High.[- ness the Nawab of Junagadh.tk? 4. The Bank of India, Limit&, Bombay] . . . Manager and Engineer-in-Chief,Junagadh State Railway, onF behalf of the Railway. ,!i 3 . State.E ii 8. The Bank of India, Limited, Bombay, . . . Chief Accounts Offlcer, Junagadh-'90P m 11.---GOVERN~NT SaoulsPTflCs , /SerialKind of seoufity, forin and denomiqatiqn/No.-----A- - - . --,.. .- -- , ,-b1 4% Government Loan 1900/70 (Special Farm) iu, th8 nard(:of His ffighneas the Nawab of Junagadhr NUS. BY 0423Mto BY 042386 (26X 60,000) ; Nos. RY 042449 and BY042450(2X 50,000) 4 Nos. BY 055398 to BY 055400; Nos,BY 086210 to BY 006214 (SX 1,00,000); Nos.b~~067031to BY 067030 (6 x 26,000) . i . . i2 44% Gvernment Loan 1955/60 (Special Form) in the nameof His Eighness the Nawab of Junagadh Nos. BY 012641and BY 012682 (2X 1,00,000) .3 44% Government Loan 1956/60 (Ordinary Fatm) in the nameof, His Highness Sir Mahabat Ehan, G.O.I.E., K.C.S.I.,N$wab df JundgadhNo. BY 011838 (1 X 10,000), No. BY011830 (1 x 25,000) . . . . .'o Qovornmt Loan 1903/65 (S ocisl Form) in the nalno of'/%is aighneia the Nannh o? lunndl~, NI BY 02030411 x 15.700) ; Nos. BY 096305 to BY 026370, Nos. BYAmount _ _ t

Serial Kind of seourity, form and denomination AmountNo.5 34% Government Loan 1947/50 (Speoial Form) in the nameof HisHighness theNawab of Junagadh, Nos. BY 021217to BY 021220 (4x 1.00,000) .6 3% Government Low 1951/54 (Speoial Form) in the nameof Hie EIighnees the Nawab of Junagadh, Nos. BY 021377to BY 021424 (48 x 25,000) .7 34% aovenunent Loan 1954 59 (Speoial Form) ik the -meof His Highness the &awa k of Junagadh Nos. BY 003186to BY 003209 (24 x 26,000) .S3% Funding ~ oan 1966/68 (S ecial Form) in the name ofHis Highness the Nawab of $wgedh, Nos. BY 018923 toBY 018927 (6x 6.00.000) . . . . .9 3% Victory Loan 1967 (8 ial Form) in the name of His- Highness the Nawab of Ggadh, Nos. BY 033754 to BY033750 (3 X 6,OO.OOO) . . .10 3% Conversion Loan 1946 (Specie1 Porm) in the name of HISHighness the Newab of Junagadh, Nos. BY 068173 to BY088177 (6 x 1,00,000) repeyeble on or afterl6th Septnmkmr1980. . . . .11 3% Government Loan 1963/66 (Ordinary Form) in the nameof Colonel His Hi hness Sir Mahsbatkhanji, G. 0. I. E.,K.C.S.I.. Newabiahib of Junagadh, NOR. BY 053649,end RY 053650, Nos. BY 052313 to BY 052320, Nos.BY 054411 to BY 054414, Nos. OA 031142 and CA031143, Nos. BY 0.50500 to BY 050627 (38 X 21,000) .PART III.-SHARIN OR Jom~S~om~Com~sSedel Name of Joint Stoak Company SharesNo.- - -- - a - -~hd'hdv~trial Investrnnnt Tnmt, Limited . . 1000 sheres fa the nameof His Highnew SirMahabat Khan,G. O.jI.cJZ. Nae. 29652to 30661':The Central Fr8vinces acbilway hmpany, Limited . . 1000 shares in tho nameof His Highness Nawabsahib Mahabat KhanResul Khan, Noa.I,,ww "1767 to 48766.-

&ct No. XXVII of 1948[P~~SED BY THE DOMINION LEGISLATURB~&I Act ttd,amend the Control Of Shipping Act, 1947(Recebed the asssd o the Governor-Csneral on the 13th April, 1948)\\HEREAS it is to amend the Control of Shipping Aaf, 194~MI (XXVI ofpurposes hereinaft& appearing;It k hereby enacted 8;$ follom t-1. Shah title.-This Act $ay be called the Control of Shipping (h9ndment)Act, 1948.\ i \2. Substitution of uInilia" "the Provinces" in Act of ls~.j-~+,he Control of Shipping Act,excep5 in section 1,ired "India" shall(hereinafter referred to as "the said A&"),"the Provinoes", wherever they ~our.,3. Amendmeat of sect 1947.-In seation 1 of the &idA6t,-(a) in sub-eection (2), forProvinces of India" 'the word8 be re-lettered (b), (c),(a), (e) and (f)respectively, and before clause (b), as eo\re-lettered, the following olause shall beinserted, namely:.+ i,'(a) "Coasting trade of India" means th e by water of passenger8 or goodefrom any port or place In Indie to any othe place in the continent of India ;'5. Pnsertion of new section 3A in Aot of 1947.-After section 3 of+,he said Act, the follo--7ing new section shall rted, namely :-"3A. Licances for Coasting trade -(I) Nosship shall engage inthe coasting trrde oC 1ndi;l oxcept under cenco 'granted by 'a ShippingAlpthority under this section. 2 1&.(2) A licence granted under this section ay bo either a generd licence ora specified voyage licence or a licence for a sp ific period and shall bo subjec6to such conditions as may be specified by the !hipping Authority.gsanting thelicence. I:(3) The Shippine Authority ma9 in its diicr&ion, at any tiinn, rovike, cancellnodify a licellcc granted under this section.""z8. ~;sllep1.

'Q++Act No. XXVIII of 1948'L . [PASSED BY THE ,DOMINION LEGISLATURE]An Act furth6r:t.o amend the Delhi and Ajmer-Merwara Rent Control Act,(lieceived the &*ent of tlze Governur-General on the 13th April, 19481% s*-'HEREAS it is ex&dient further to amend the Delhi and Ajmer- mule^.W Rent Control Acb,U947 (XIX of L947), for the purpose hereinappearing ; L,\It is hereby enacted aa $kws :--1. Short title.-This Act ma'>+e called the Delhi and Ajmer-NenaraControl (Amendment) Act, 1948.Xis!~betituted, and shall be deemed: -

.')1.': :'i .... . ,. .I..2 .,No, &XIX/of 19-48 ---.---. :,-____._-_[PASSED BY 'I'=h &MIKIOH'LBGISLATURE]8:~.. .:., _ .,, ;.: . . .Actw--*pas Bmua o!molt? $0 '~b.rvtol! puv ~uamdo~eaep epl zoj ep!aord 03 qog uvurposes jconnected therewith?::. (Received the aaaent of the Gpvarrpr ~eneral on the 15th April 1948.)..ii;.:$,*, ... " , .. . . .HEREAR i€ in expedient it& pr~vido fop tho dovolopmonb and con&- of .atomic hergy and fog purpoms -connected therewith;..,. %ha$ tjtle and extent.-(1) Thie Act may be called the ARnnfo Brier4ct. S948.i$,a) It exbnds to &bhe of ~ndia-m dLd+"f"*5 /2. Declahtion as to expedient$ of . ~bentral Gavern~t's cQIltrOk.-If :t,hereb9 declared that iC is eqedient in the public interest thab the Cwb,Government should fake under its cjontrol the developmegb of--(a) anv industry connediecl with the , production or use of abmi:energy, and1(b) any mineral whidi is or may be used for the production or use ofatomic energy or research into .matters connected therewith.' It is hei'ehy enanted au fnllomi-8. bafinitions.--In 'l$i~l Acfi, unles~ LLtlra iu buything repugnant in 'tihe sub-.jecti oi contex%,-(a) "atomia energy'" means ' the energy released from atoqic 'nucleias a result of any process, including the fission process, but does. not i~laludeenergy released in any procesg of natural transmutation or radio-trotive, decay whiah is not acceIere%ed or influenced by externd means;'6minerals" includes all qubitances obtained or obtainable fi\,rnthe eoll by underground or surf4ce working;, I b (w$7 - ' lo) "planb" includes any mkchiiery, equipment or appliance. whetrher,'- affixed to land or no$;*- A jd) "proscribed substance" peans uranium, thorium, plutonium.'z 3; ' ,*ptunium or berylium or any df their respective c,ompounds or any.othbrri'' subsfhnce which the Central goi-ernment may, by notifieation in theB~Bcial Gazette, prescribe, being 4 substance which in its opin?on is or ma?be med for bhe produclivu ur uee{uf tttomlc energy 6r refiearch into maff.erscpnnected therewith'.I i*r a 4.. (Ienaral pow or^ of the C!entral\~overnmnent.- he CelrCal Governmepi4 ahnll have power-.! : 1 -*,and carry o11t ~ P . R A ~ ~ ~ . ~,s, ." Lbuy or otherwise acqukp.,I; are, or are lilrely to h,or use of afomic enerFvor sucll researcharticles mmo#qctuwd.-a ; produced, boughtv

a~bel ~ ~ ~ ~ -js4 p , ~ ' ~ o ~- (0) to do ail such things (includmg the erection of building8 and t- . execution of ~$&IL-.&;.,$~B w~&k@lofi;rpinar$~&> $he central, Govement considers neoessary or expedient! ,for the exercise of the forego~@&+.I.oA!~G L:C)I, PP". QGAB!U~~GP~; saq 2Q;ifi;li pi s$c;;r!c; i;r;o~$>, g$Jq $0dj-hmzadt J39j39fu~.03 Z'Z0iTp"rb6. .Power to obtain infoxmation of materia$, -$lht and proc- CedtP? G60tl&&€ mbyjr lb$nuatki3 H timitiT;ag 3serB;adl any- him to make such peSodical and other returns, at such-times~ & ~ p ~ d ~ ~ ~ ~ ~ f l ~ r & o ~ a j~:d~i@sf&dki&.~ % d ~ ~ ~ q v F h ~ ~ l d n s88 mag be spdd&d~& tbd.nvtiae~ii+;tc~~~~~~q i:iri: qylirF: cji:irirj- tfi@) of any prescribed substance, ..~~&~y&?$,t&e!~.~~$j~~;,:&~~,~~~~gpaseion or mder-.his aontrol;LJrrc;z 3iybY+ 'any 6+:LB-mlhdrdji * g.ejg{*~.-Po&g$~~&fi~rpj~eq~. . . .or precient in or on land owned or oc u ied by him, being mi&&@Chioh; in': th&-~bna&&g;~~~l~~%vk~~t6 i8 w .j-3?&z&p@Bgyrleubstanoes ca,n be obtained; :.: ?fT---,l0%3af~~ :~'5nernmevctD lz"f?rl.sd. lo ~~snsibe:.ix~ at sa nnifr'lslj 3 @ @.r~n9&@~& ili!M~ Qg@es~ipq. ;~$$+@e~ $$,~n$@~-;~,)adapted f%fJlei~&~9~~~h~~c~seo&~,a?h0rg3~~~8~g~gg~;~~934f&k44,49oolylechd th,e,re"t$j*, r ,,,,.. 'fiB&?A :I? ~38%' :.,, ,.?!,- ::; . :Ji:i f[,ti-;l ~ : ~ ~ ~ ; + i l ; !-/yj,;{:;;;;f : , ~ :,ti+ ;.i>i(d) of any contract' edtired into by him or Ahy li,~en*igap$&~&y oror use of ~hmic. energy or research i~to:-.:ovemirlentl mag, subject to ~$,~~$~ovisions:c,f::t;)~i'~ sect~io~i. (10 (111. over 01. l1c.lqn7 -%be $LTT~$cP 1:' \rig lanr? :\rcb ,w,o& ::aZ,, if conslders ~cc.~gsnro' f0i.- t;lle pu~~osob%,: '-1 - 9ci .:?, ,y, . I :. . -

.cdisqeri@ d&eb;+&e&f.is jhres&h&~ od!$& bad, ~~tekJihlia, a,at&kal@h+rb~im;Qn&~mi t ~ft'~~&c.&at&nf~rlji.~Md~&~f&f~sa~a~$s~Qhn,d b&g&$@&working, any mineral from which in its opinion an~lo4b@~1~&.03b&is&&~r~t)qek~~BFjP~d~i:wB

(3) After mnfiidering any such obtjeotion and , the report, of the person frappointed by it under sub-section (W), the Central Gavemenb may make su~h iorder8 ss it may deem proper.I(4) wher; the right% and liabilities of a party to a eontract are transferredto the Central Government under this seotion, there shall be paid to that partgeuch aompensation in respect of any lass suffered by that, party as may be&sad between him and the Central Government, and in default of suoh agreernsnuzt:as may be determined by arbitration.IQ Ccmtml of production and We of wbaic energy.--(1)ernmen t may, by order published in the official Gazette. - p~vohibit except updera l~oenoeThe Central Gov-granted by it,- .(a) the working of any minerals specsed in the order, being miner&from which in the opinion of the Central Government any of the prescrib~dsubstances can be obtained;the acquisition, production, treatment, poseeusion, use, dispo~al,export or import-(i) of any of the prescribed substances; or(ii) of any mineials specified in the order, being minerals from-which in the opinion of the Central Government any of the presorihsds~bstances oan be obtained; or(Zi) of any plant designed or adapted or manufactured for thqprduction or use of atomic eqergy or for reyarch into matterg oo~rnectedtherewith;and any such order may contain such incidental and supplementary provieions,induding provisions for seizure, retention and disposal of any artiole;n respect of which there are reasonable grounds for suspecting that aaontmvention of the order haa beel) committed, as the Central Governmenbconsiders necessary. ,(2) Any perfion who contravenes 0: fails to comply with an order madeunder this section or any conditions subject to which a licence is granted underbhie section shall be guilty of an off enca under this Act.11. RestriCtion on disclosure of lnforglation rebting to plant.-(1) Subjectto the provisions of this section, any merson who, without the consent of r,beCentml Government, communicates td any other person not being an autho- 8rised person, or obtains or attempts t4 obtain, any document, drawing, phobgraph,plan, model or other informatioh whatsoever which to his knowledgodescribes, represents or illustrates--:i) an existing Gr proposed plsnt used or propos6d to be used for thepurpose of producing or using atomic energy, or(;i) the purpose or melhod cf operation of any such existing or proposedplant, or(iii) any process operated or proposed to be 'operated in any scchexisting or proposed plant,%hall be guilty of an oifence under this Act:Provided that it shall not be such an offonce to comn~unicate :nformatioumiill respect to :~ny plant of a type in ilse for purposes other t11,lu the prc,ductionor use of at~lnic energy, unless the information discloses that plant of thatt,rpe is used or 1)roposed to be used for tllc producttion or use ~f 9tc)lqi~ cunrgyrc:sgnlcI~ iyto any 11iat.tera cspcectcd M~eremjth,,i-$

Atomic Enerby ,Esp1anation.-ln this sub-sectiol; "aut.hori~ed'~ersdn" means in relation;o information on any s,ubject to which this sub-aec$ion applies, a person $0whom, by virtue of a general authority grantid by the Central Governmen$.,information on that subject may be communicated.(2) The Central Government may, by order, grant exemption [real thissection in such classes of cases and to such extent .and subject to such bonditionl;,as mag be specifiedin the order.(3) Where any information has been made available - to the ienetal pd'iifotherwise than in contravention of this section, any subsequent commi~nicationof t,hat information shall no$ -constitute an offence under this Act.12. Special piyvisions as $0 inventions.-(1) Where an application haa beGnmade the Controller of Patents and Designs (hereafter in thia sectiou referredto as the Controller) for the grant of a patent and itsappears to @e Controllerthat the invention which is the aubject mat.ter of 'the application relates to theproduction or use of atomic energy w'research into matters connected ther+with, he shall serve a notice in writing on the Cenhral Governmest to thateffect, and may, notwithstandinganything in any law, omit or delay the dokgof anything which he would otherwise be required $0 do in relation .h theapplication, apd give dkections for prohibiting or restricting t.he publicatioil oiiuforma,tion with respect to the su5ject matter of the application, - or the communicationof such information to :particular persons or classes of persons.(2) Upon receipt of notice unddr sub-section (1) the Ce~tral Governrrlcntmay make such orders as it may deem proper.(3) Any person who contravenes ,any dirgction given by the Controller drany order made by the Central Govci~nment ahall be guilty of an offence underthis Act.13. Delegation of powers.-The Gentra.1 Government may .by order directt3at ally power conferred on it by th's Act shall be exercised, or discharged bysuch oEcer or officers in such circumA$ances and under such -conditiFs afl maybe specified in the order. :. . ,;. ., ..14. Disclosure of information obta,*ed under Ac't .--i%ny persdn' ' who, without.$he authority of the .Ca&ral ent, discloses any informati~j~' ~btainedin the exercise of powers shall be.guilty of m' offehoe'under, .,- ..? :. ,... ... .. . . ..this Aot.. !... -.. . . '.r15. Offences 8IId penalties+(l) b$.person guilty of an offence under thie,.ahall be punishable with imp&o&eZ$ for a term which may e~tand tgthee months or with fine which may +tend to five hundred rupee8 or with; 4both. . ,(2) Where any offence under this Acd: has been com.mi.t$ed by body cpr- ,prate,' every person who a$ the time of 'the commission of the offence was Rdireo,hr, @;enera1 manager, secretary or o6;her similar ofticer cd the body corpo.rate, or was purp~rting~to ac$ in any such:ca,pacity, shall be dt!emed to be $ulityof that offence, unless he proves thab thk offence wa.s coinmitted without hiecongent or connivance and that he exercised all such diligence to prevent theof the offence as he ought to:,have exercised hgGing regard to thenature of his functions in that capacity and .h toll the circumstances.(3)"Proceeding.s in respect of an offence under section 11 shall not be insti.tuted except with the consent of tfhe Advocate-General of India.16. principles relating to payment of ~ompenmtion.-(l) Where by reasohof the exercise of a:ny powers unr'ler this Act, any compensation is payable, theamount. of such' compensaticn shall. be determined i~a the qnrlnler EL:^ in accord.the I."incip!es hcrijinaficr BOL out, th2t is to say,-(a) where the nmomll of coinpensalioll call be iised by el,nreel:.lelit, !\:chall, be p~,i.c! iu acordance 3vit;h such-ng@ernegf,.. ,. .. . ._..- *..* .-.:-1,

?-6 Atomic inergy ACT XXIX OF IW) :(b) where no ~uch'a~reement can be reached, the Central Gover:.rn&b shall appoint as arbitrator a persoil having expert knowledge as iothe nature of +he right affected who &all determine the amount of .cornpeqsationpayable.(2) In making his award the arbitrator appointed under sub-section (1)hall have regardl -.(a) in t,he case of any compensation payable under section 7 of thisAcb,--.(i) to the nature of the work done,(G) tLe manner, ex'hnt and duration of the exbrcise of any power8-under that section,_,,(iii) the diminution in the rent at which the land and the propertg~ituated thereon might reasonably be expected to let ior +any periodor in the market value of the land and property on the date when theexetciae ot pc>~-; wmes to an end, and(ivj the provisio~ls of 'sub-section (1) of section 23 of the LindAcquisition Act, 1894 (I of 1894), in so far as such provisions can bemade applicable to the exercise of powers under section, 7 of this Act;and(b) in the case of any coppensation payable under section 8 of tiiisAct, to the price which the owner might reasonably have been expected tc;Fobtain on a sale of the article effected by him immediately prior to tlltdate of the acquisition.(3) An appeal shall lie to thd High Court against an award of the arbitrator$,except in cases where the amoQnt claimed thereof does not exceed an amountprssrrihed in this behalf by thej Central Government.f- (4) The Central Ggvernmeqit may malre rules prescribing thk procgdure toe4h'be fcllomd in arbibrations un br thfs Act and the principles to be followed in$ fie apportionment of the s of proceedings before the arbitrator and OEappeal.ilf5me iela&& to arbitration1%(6) Save ti8 provided in t a Act nothing in any law for &e time being hall apply to arbitrations under this Act.[ - ,L+ i%ati/1,e-6ti-[--

WaAcP No XXX of 1948[PABSED BP TEBOmION LEGISLATTJRR~An Act turther amsnd e Indian Lao aess Act, 193@', i(Received the asseat of the Govemhr-General on the 16tlz April, 19q\>HEREAS i€ is expedient further'to amend the Indian Lac Cess Aoi.1930 (XXN of 1930), forithe purposes hreinafter appearing;It is hereby enacted as follows:- ]1. Short title.-This Act may be called th& Indian Lac Cees (henbent) 1Act, 1948. \$ I i2. Amendment of section 3, Act XXIV of 19k.-1n section 3 ofsthe Indiau iLac Cess Act, 1930,-iaI:(a) for the words "se~en a.uuasJ' theannas" shall L.e,substituted ;.s stitutsa.-\(b) for tlie words "five mas" the mrds "tenbnnas"sbll -be sub '

_)_-_,se. . Jxk! ., . . ..?;.,, : , . ,. ,:?-; t3:;-..r

contained in this Act, the Central Government may, by nbtiiication, provide fa.the constitution of any other units of the Corps 4 any place and prescribe thepersons or class of persons who may be eligible for enrolment therein.-8. DLchs~~.~~ver~ persoh enrolled under thia Aot uhall bo entifled $o reccivchia or hcr diabhargc from the Corpe on thc exph*at~oil of the period for whichhe or she was enrolled or on hie cr her ceming to be borne on the roll of the universityor school to which he or she may belong:,l?tovided that any persm enrolled may be discharged at any t~me by sue11.authority and subject b such colltlitions as may be prescribed.9. Appointment of officers,--The Central Government mag provide for -$heappointment of officers in cr fsr any unit of the Corps either from amongst merribersof the stai£ of any uni:orsity or mhool or otherwide and may prescribe theduties, powers and functious oi such officers.10. Duties of persons subject to this Act.-No person subject to this Actshall by virtue of being a member of the Corps be . liable for active militaryservice, but SUDJ~C~ thereto any such person shall be liable to perform suchdutiea and discharge such obligations as may be prescribed.11. Punishment for offenc~s under this Act,-Any person enrolled under thlsicr may be punished for tha oontraventioi~ oi any rule maie under this Actw-ith fine which may extend to fifty rupees to be recovered in such manner and*v such authority as may be prescribed.12. Power to appoint Advisory Committees.-(1) The Central Government, may for the purpose of ad~ising it on all matters of policy connected with theconstitution and adm~istra~'& the Corps a'ppoint a Ccntral Advisory Committeeconsisting of the fcllowir< persons, namely :-(a) the Minister foi Defgnce, who shall be the Chairman of the ~ ommittee;(b) the Secretary, , ex-ofiio; -Government of India, Ministry of Defence,, . (o) the ieecretary to the3-Government of India, Ministry of Education,ex-ofiio;- (d) the Financial Advisefi, Defence, ee-oficio;BrCiS Chief,(h) five non-official merubem to be nominated by theernment; andL ~ + & & L U & ~ 3 :(2) The Central Government may also appoint, for the game purpose as 18 a 1fipecified in sub-section (I), such -', ' ' State Advisory Committees as it 1may consider desirable from t i m e x n d may prescribe their dutie~ and 4,functions. , Yx+ :f13. Power to make rules.--cl) The Central Governmentd~ay make rules ta {can$ out the objects of this Act. :i

.(b) prescribe the persons or class of persons who Lua;enrolment under section 7;be elig~bii: Lo:(0) preacribe the manner in which, the period for which and the con&-tions subject to wGch any person or cless of persons may be enrolled wderthis Act;(d) provide for the medical ex~bmination of persons offering , themselvesfor erlrohent under this Act;(e) prescribe preliplinary ttnd periodical military training for any person . ,or class of persons su$ject to this Act;(f) prescribe the military or other obligations to which members of theCorps shall be liable wBen undergoing military training and provide generallyfor the rnain@xmce of discipline amongst members of the Corps;(g) prescribe the &ties, powers and functions of officers appointedunder th~s Act; t.(h) prescribe the allo%ancea or other remuneration payable to personasubject-to this Act;I f(i) provide for the remkval or discharge of-any person subject to thieAct;(0 prescribe thewhich any person subject to thia Act ma3, be tried and provide.-(k) prescribe the mannerwhich fines levied under this Act may berecovered; b9-(I) prescribe the duties, ers and functions of bentral, ~tState Advisory Committees; a(m) provide for any otherbe prescribed.ti,athr which under this Act is to be or ma?

Act No. XXXII of 1948[Pk%ED BY THE DOMINION LEGISLATDRB]An' Act to providb fOr the inCOrp0rtbtion of Road Transport rtlorpc~&tlajj.~n~ topurposes connected there&*w(Re;c8ived the assent of the .Governor Generd on the 16th Apil 1948).HEREAS for the promotion of a co-ordinated system of road trana in India, it is expedient to provide for the incorporation 6f $d 1Transport: Corpora€ions in which the Centra.1 and Provhcial Governments ahallIbe properly represented, and to make certain provisions ir~uille~~litl Iherelij;I1It ie hereby emoted as~follows :- i1. Short title, extent an8 &mnienmiient.-(1) Thie Aot may be oalled khe Rmd 1!'l'ransport Corporations Aot, $948.(2) It exken36 to all the Pr@virioes, but shd no* come into form in any ProvinoeInqw the Centid Governmenti by notsoation, eo direots.e. De&d~-In this ~cti: unlw there is anything repngnant in the snbjeotor oontaxt,- f."Corporation" mansport Corporation appointed by the Pro.vinoial Government in pursua,3. Power of Pmvinc nts ,to appoint Oorpam~on&-(l) Notwithetsnd-- ing anything oontained .Vehicles Act, 1939, the Indian Comwes-Act, 1913, or any othera1 Government,, havhg regard to(a) the advantages o he publio, trade and industry by the develop.ment of road transport ;(6) the desirability of oo-or&~atin~ any form of road transport with enyother form of transport ;(c) the dwircrbility ofd improving the facilities for road tramportin any arm in suah maide mwL efficiently and as oheaplyas pofi"b1e for the nodspreventing uneoonomio competitionamoug any formo of roamay appoint, by notifioahion ialf, a Road Transport Corporationfor the whole or ~ n pat y of the Provinj(2) In euch Corporation-(a) pro+ision shall be made by or under the ..relevant provincial law for theand allotment to the CentralGovernment, as ropresonted bypercent~ge of the sharecapital of the Corporation, ifto by the Central and theProvincial Governments ;4(6) ~rovision shell be made and c ntinue to be made for adequate . - .representation of the Cootrsl Cover monteand of tho Provincial Governmentoonoerned on tho Corportrti~n~; ~ndpebpent of due cornpeneationtransport servicos whosoProvided that where nop.80b of any matter rofwrd-Fed.wa! Const w!!c shn-l! Chainnnn of tho trjbunal aud tho findings of thotribuad sDaE firkai &:& tin&ing.4 %r?c~~pl?eQic!~ .I!(! dis$al!~.tio!l, of ~orporatiori,--Any Coi.p~i'i:,lio;i rippohitod, .1,j. :. 'j>,.

5,P$yf!\gyfA, ~,; :< ; - , . . ,.~. 9 -Crt%iji.-~~~jb%to: the 'btW p?&iaio.rs uf this Actany bo+ora Ion sp , '3%khi+%ci@,~6$6tii1@%@&fi sh~l11 mhsjat ofsupb nudesof persons a8 the Provincial o~&d&erit:ma;~ thhk.@t~r&~~oint and shall have suchsuch duties and functions as may bo specified: , , ,:, . ..,. .&# O* C01pdr8ti031L-Notbig in the Indian Cpmpnies, A@, dQ13no Corporatioa shall be wound .laphve'by barsave in such manner rn the Provkcial Govern. .' ,, ; , .I. ..5' ,' : ! .: > '. . . .Provided that no order for winding up shall be,pa?sed by +.ny ~r6~inditil @o&rnm&tTaxd~rF-Cbb seotion,un)ess it hasfirst . ohtaiqcad . the% . approv$~'*of. the"Ceritra1 Govern,-. .. .. ... ,..ent thereto... .,..!.

Act to-prsvide for the transfer 01h 500 Goxmnidoner(Received the assent of the Go ral on the 16th April 1948)SIEREAS it is expedient or the transfer of control over 1pilotage on the RiverCommissioners for the Port ofquential amendmentcl in the CIt is hereby enaoted as follows: -1. Short title, and commenaFart (Pilotage) Aot, 1948.(9) It shall oome into forcby notiflc3stion in the ofacial2. Dethitbo~.-In this -slubject or oontext,-t(b) "CommissionersCalcutta incorporated uof 1890);4. Appointment of pithe ComQissioners who iq ernment under the provCbProvided that nny such order mdde by the Commissioners shall, as respectswhose salary amounts tolor exceeds one thousand rupees, be subjectto tllc pre~ious snnctioa of the Cehtral Govern~~~euf.i(2) No such rule:: sllnll txke effect until thrg are np~roverl by the Czntrn!(iover~~~ent and published in the bflicial (:aec:tie.7) *

$7.-. r9: 4. ~ . ~ h . 1 9 6 ) ~ -Qirposes, namely : -. .d servants of the

OF ' 19481ion 34 for the wordsIords "the Pilot Serviceof Governmen in Bengal" the words +the brt of Caloutta".orities of the GovfCalcutta" shallduction or deprivation osanction of the Central(c) in section 23, for theservice at the said Presidencyestablishment" the words "allService and borne on the rolls' 811 persons employe

I1.--STATE INSURANCE ACT, 1948-- -, .-CONTENTSELL ~*&'a GA-'1. Silort title, ext~?nt, corn&2. Dofinitior1.sand applicetion&~RPORA'~IOI'I, STA. 3. Establishment of4. Constitution of Corporation ld5 Tern) of office of members of tho o6 Eligibil~ty for ren7. huthe:ltication of orders, decisions, et8 Constitution of Standing Committee9. Term of office of members of SLandirlg Go tsea1 I). lVCed~cal Benefit Council tb1 Resignation of membership "zZ12. Csssation of membership13 DuquallficationPb. 1. Hling of vaoancies16 I:ee~? and allowalices16, J'rinc~pal Officers . 117. Staff18. Pa\vers of the Standing Committee19, Corl)oration's power to promote, *2$ Duties of Med~ral Beneg?, Council93. Iluties of Prinvipnl Officers .-I-. 24. Acts of Corporatilm, etc., not ~nvalid by reason of185 klagionnl Boar~lc, 1,ocal Committees, Regionnl andCRA4P'rER 111FINAXCE AND AUDIT %%$, > 0%d %iooploya~s ,State 11)anrancn Fund 'I, %3%! 'rcsnb by tho Coiitrnl Gor~ernmor~t '",%Price onnaa 4 or 6d -

f 88. purpaips for which the Fund may be expended' 2% Holdinad property, ebo.30. Vesting )f tbn property in the Corporatfoa, 31. Expendi'fure by Central Government to be treated as a loan 3b- 32. Budget ektimatee35. Annual reiort: 36. Budget, auhited accounts and the annual report to be placed befor the Contra1Loghlatqa37. Valuittion of assets and liabilitiesCHAPTER IVAll employees to be insuredContributionsprincipal ernplbyer to pay oontributions in the first instancePeoovery of oodtribution from immediate employerGeneral provisions as to payment of contributionsNethod of payment of oontributionReturns by em$oyers "-~nspe@ora. theirkfundions and dutiesIk5 CBAPTER VI ;fF\BENEFITS* i 1 r l66. Benefits it47. Who11 person el~yi*~le for sicheas benefit48, When person dee*d avJilable for employment496 Sickness banelr8Governmentetc., by Corporntlon\60. Bonofit not assignable or\nttnchabloUT,.lin~lofii~a r~oto bl: io:r-~binnd

( iii )SIDCTIONSe"ie 66. Corporation right to recover damages from employer in oertain cases67. Corporation's right to be indemnified in certain oaaw68. Corp~ration's ',rights where a prinoipal employer foih or neglects to pay anycontributionexceesive siokness benefit1173. Employ6r not to dishiss or pullish employee during period of sicknese, eta.1 .\CHAPTER VI",ADJ~~~~AT~ONOP DTSPTTTES1ANI) ~TJATAT~74. Constitution of Employe'ps Insurance Court I75. Mabtcrs Lo bo decided by Ymployees' Iiluuranee Courti76. Institution of proceedings, ,etc.77. Commencement of proceed??gsI78. powers of Employees' Insurdace Court79. Appearance by legal practitiopers, etc. @I60. Bensfit not admissible unless blaimed in time81. Reference to High Court ' 4.82. Appeal\*."83. Stay of payment pending appeal? 1CH'~PTER VII!PENALTIES '84. Puniehmont for false statenlent85. Pu~~ish~r~arlt fur failure to pay cur~tribtions,\otc.80. ProsecuLiollsCII APTE* VIII,i1iI\88, Exemption of persons or olase of persPns-*93. Corporation officers and se9$. Contributions, etc., due to~ b . Po-@or of Contra1 Covornmont to mcllro ruloo96. Power of Provincial Governme~lto mrtlre rules97, ?L'n\rvnl nf C,nrpnroCion to innkn ~~~llbCi9nfl9s. Covporation may undertalre d~ltios in the Indian ~td$os99. Enhanccmont of beliefits 4I -SCHEDULE I 1SCTTI

. .Act'No. XXXIV of 19488[p~ss~D BY TUE DOMIXION LEGISLATURE]An Act to PrOY/d~ for certain beneats to employees in case of sicbesa, matsmlt)landinjury' and to make provislan for certain other matbrain relation thereto.WHBREA~(Received the assent of tila Governor Gerteral on the lgih April 1948.)it is cxpo:liont to grorido for certain benefits to emi~loyees int:xse of S~C~~L~OSY, mate:;ni!y and. employment injury allJ to mi&o provision$or oe;tain othe~ matsers in rolacio~z tharoto ;It is hcrebg euacted as follows:-CHAPTER JPRELIMINARY1. Short title, extent, commencement and application.-(1) This Act may becalled the i2nlploy~es' State Insurance Act, 19-18.(2) It extends to all the Provinces of India.(3) It shall come into force on such date or dates as the Central Government-nn:ly, by ~~ot.iictition in the official Gazette, appoint, aud different dates maybe appuil~~etl lor differel~t provis!ons of this Act and for differrnt, I'rovinc~s.(4,) It shall apply, in the first inst~lnce, to :ill factories (including factorieslieio~~gi~~g to the Cro~~n) ot.i~er thr~l, seasona! factories.(

lCmployeee' State Insuranceointed" means appointed iu accordance withh the ruies or regulntior~s made thereunder;[ACT xpm:the provisiom-n,t injury" rneans a personal injury to au. employee causedt..et..ide~rt or au occuputional disease arlsiilg ouc of and in the course of hi&oyu~a~~t in a factory or establ~shmzi~t to which this Act aI,plies, which inoroccupat,ioual disease would entitle such employee to compensation.r the \\urk~lla~~'s C'oiilyt.lis;iL~on Aci, 19~3 (Vl.11 01 192;j), if he were a.he meaning of the said Act;(9) "emplo$,ee" means any person employed for wages in or in conneotion;dth the work df a factory or establishn-lent to which this Act applies and-'%(i) who is,., directly employed by the principal employer on anywork of, or incide~ital or preliiillnary to yr 3~iiiiected with thework\of, the factory or estiiblishnlent, whether such work is doueby tl+ employee in the factor or establishment or alsewhere; or-(@) who is &nploged by or through an immediate employer on the premisesof the factory or establishmeut or under the supervis:ou of.the prikcipill employer or his tigeut or1 work which is ordinxrilypart of the work of the factory or establisliuient or which is pre-111riinury -:t< the work carried on in or incideiital to the purpose OF:the factor-y or establ.shliient; or'.eiii, whose services are temporarily lent or let ou hire to the p~iucipitk.employer by tho person with whom the person whose service€.are so lerit\or let on hire has entered illto a contract oi service;but does nut includ*(a) any member. f His Majesty's naval, military or sir forces; or- (b) any Tersnn plo.ved on a remulieration which in the nggregnte.exceeds fourtundred rupees a month;(10) "esel~ipted emplos'be" means an employee who is not liable under this.act to pa? tea en~~lo~re's~colltribution;\(17) "fnmilp" means t118 spouse and minor 1egitirnot.e and adopted childrea:depentlrnt ,,[)on the insured person and where the insured person is ra male, hi.:dependent pt~rents ;(16) ''factory" means an$ premises including the precincts thereof whereontwertp or more persons ar$ workinp or werr working on a.nv cl;ir. of the pre-.adinp twelve months, and i art of which a manufact~~ring process ie:being carr'ed on with the power or is ordinarily so carried on but doesoperation of the Indian Mines Act, 1988which is excl~isively engaged in one orcotton gini~ing. cotton.mnnl~factlire of coffee, indioo,ac. rlihber. sugar (inclilding ~ L T ) tea V ~ or nny mannfactrlring process which.is incident&] to or connected with of the aforesaid processes;The and "power" shall . have 'tb-~re.meRtling~assigned to them in the Factories Act, 1934 (XXV ofi''.,(7.7) "immediate e~nploper". in reln\:ion tb emplopee~ eniplnrca hv 07 + J,~,~~Ebt~n. menns n r)ersnn hns llnde1.t.a'\i~n the ~.ucrlltinn. on the pr.pmrspsjRr.t~~ ;.:. -.: ~rtahtichrrl~llt t.0 rhirh this Art ~pnlirs or ,inder ,the ~npp~vizinnef@EO princil)a! employer 01 his agelle, . ~)i Ilte Whole 01- any par& of any wort

F- -$ OF l(St8j Employeee' State Insu~onse 3which ie ordinarily' oipal employer or ispurpose of, uny suchthe service8 of anhull are ternprur:lythe work of the factory or establishment of the printo the work carr~ecl on in, or inc~dental to thoestablibhment, and iiic.udes a person by whatnhas entered ~nto a contract of service w~thhire to the principal en~ployer;; (14,) "insurcd perison" a person who is or was an employee in respectof whom contribution< are !layable under th s Act and uho is, by redsoathereof, entltled ta any of thi benefits pro~~ided by this Act;(15) "occupier" ov tile shall have tho meaning assigned to it in th-Factories -4ct, 1934 (XXTTa(16) "prescribed" means pre cribed by rules made under this Act;ClY) "principal e~r!ploger" me ns-a(i) in a f~cto~y, tho owner occupier of ttia fnctory and includes themanaging agent of such owner orlegal. representative of a deceasedowner or occupier, and where abeen named as the manager of thefacmr.y under clause (e) of SUII-S~C~~ of section 9 of the l. ac~orles Act,1934 (XXY of 1931), the persen so n%e(a{"(it) in any sstablisillnent under 4s control of any department of anyGovernment in India, the avthorlty ap by such Government in thisbehaLf or where no authority is sohead of the Department;(iia) in any other establishment, any erson responsible for the sugerx:t;ionand control of the estsbl~shn~ent; k \(18) "regula~tion" means n regulfition make by the Corporation;(19) "Sched~le'~ means s Schedule to th4 Act;(20) "sickness" mealla a condition which res medical treatmen& arndattendance and necessitates absterltion from medical grounds;:21) "temporary d'sabiement" means a co resulting from an smpbpentinjury which requires medicalre~ders an employee,as a result of such injury, tem~orar'ly(22) "wno,es" ineane all remuneration paid or ayahle in cash to an em.plovee, if the tei-,;IS of tlie conirnct of ernplopmen express or impi'ed, wersfulfilled and includes other additiorlal remuneratio \I if any, paid at re,dttrintervals after the lnat day of the wage period, but joes not include-(a) any contributiol~ paid by the employer toardent fund, or under this -4ct;4.b) any travelling allownnce or the value of an(0) 8.9 SUI~4pension fund or pro-travelling ooncessionpaid to the person employed to de&ay special expanses Ion him by the nature of his employment; or\ I\(a) any gretuik payable on disch~rge; \ 1(%3) "week" mean0 n period of seven day^ at midnighb 018Baturdny night :.,8.je97 Yne expression aopendnni", "maneging ngent''\, "occu~n~io~xttdise*w ", "p~~rli~l disablement" where t,he disn hlement is of u 3Wrmanent ntxtt~w803 "'totnl disn1)l~msnt" shall have re~~cctivrl1~ the monnings $ssigneti to themin tb Kortmcn's Co~npnsetion Act, I023 (WIP oi 19%). :\ !

'"- . -4 lG?~~ployees' Stats Iltsui-ntrce(AOF KXXIV\ CHA1"J:EB 11.CORPORArr&N, STAXDIXG COMMITTEE AXD \IEDICIL BESE~I~ COO~C~~_.t3. ~stablisil&iit of Hnlpioy~es' State 1ns.raace Corporniion.-(l) with,effecl; ilo~rl suci? 'i:it;. :LS the :!rr:~~lopc~?s to I\:: ncm'nnted by the Centralg Govprnlr!ent il! ~:)l~sl~lt:~tioiil: orr.:~l~is;~tior~s of eniplo,vers:.\.:ii:5 may be recog$isei-l for t,iie ijr:l.pose bv rile Ce~ltral Goverulnant;k I;?) fi~;~ !,ersons ~e!lruse~tit:c ~ I I I I ~ ~ O :o ~ ))c ~ Cti~:trl,nilie:l Sby the Cei~tral6 Iie hv t?~? (.'errtrill (iovernment;-'h) two persons renrcsenlfiliF the n>r,lic:;~l profession t,o be nominated bythe. Ce?;, (:r>yp&l!~!~~~t in c>!,lrc:~l !;I I :!!!I \\-!ti? s~~c.!l ol,nnn sntio~lsof medical prnctiti nrrs ns m;lv be recognised for the purpose4byt,l~e Centl.81 Govert~~lcl~t ;C1, (i) two persons to be electbd by the Central T.,egisla.ture.5. Term of oftice of rneiyiber'k of the Co>.poration.-(I) Save ns othe~+se,?x.,wwlv l!rnvi.i,erl iTl 11~'s AC~. th(i> t ~ of ~ nficr m nf ~nrrnhprs of the Cnrrlorntlnn.I-other t>hall the er-nficio mernber&>,and mernbers rcferrsd t , In ~ cl~rlsee (c). (4Rna of section 4, sh:lll be fol14 years corlinlellcing from the date on nrhi(;bb- theil. r;on-li,iation 3;. ,o?r:ction is ?~n!itecl.T>rovidpd t)lnt, m tlmhels tllp shn!i. nntn;ithstandinrr the emir?,,P +he saicl period of four years,office until the nonlination ortiecfion his sliccessor is notified. \(p\ rll)-le mo,,-,h~,,s r:' !I!? C:)rnnr? bo.? ,.i.fr~y?rrl to ill clnrlres (c). (a) nil (4. of 4 hold oEce dllri?)g tqp pleasure of the Government nonlillfltingpt hern.iP'-ih, 6. F,,.inihili+,y f ~ y Pen~mirl~t,i~!l CIT &-cle~:~on.--411. nz,{~ning ~-n~~nl>~r of thee-~ o ~ ~ the ~ Stan ~ ding ~ Commi t i ttm, ~ t)r ~ tlre , hlctl;cnl R~i~efit Corln.~il 6l1all hee-. djgible for renomination or re-eloctim: nj t.ite case lr~ny be.f:'i:5- i3%

7. Authentication o'f- orders, dec sions, etc.-A11 orders and deo~sions of t bCorporation shall be or some' other merriber authorments issued bysuch member orStanding Committen ofmembers, consisting af-(8) three meillbers ofithe Corporation, being officials of the Central GOVernment,nomidated by that Cfoverment;(P) nine members PIBC&LI by the Corporation as folloaa :-{i) three melr~ber~ frkm among the me~nhrrs of the Corporation nolllbnetedby the Pipvincial Governrnente;@) two nicrnbcrs fiomk al~lullg the merlibers of the Corporation representingemploye&;gii) two members from mong the members of the Corporation representing@v) one member from ai\ong the members of the Corporation representingthe medicnli profession; end@) one member from arri$g the members of the Corporation elect&by thr Central Legintuture.Save ao othertermof office of a member of the Stund-Provided further that a member e Standing Committee shall cease tobold offike when he ceases to be rs er of the Corporation.(2) A member nf thp Stnr.dir;g Cknirnibee referred to in ciause (a) or olauae(b) of section 8 shall hold oaice dur:n# the of the Central GovernmenC.10. Medical Benefit Council.-(1) 'l'he Government sha!l constitute \a Medical Benefit CounciI consisting nr-(a) the Director General, Health services, ex-oficio, as Chairman.(b) n Deputy Director Goueral, tleoltk Services. to bo norniuated by the,O ~ l l t ~ ~ (;n\let ~ l I l t l I ! ~ ~ t ~ l.(c) the hfedical Commissioner of the(a) one member each representingProvinces tobe nolninntecl by the\6s) three members representing employers .o be nomintited by the CentralGovernment in cons~~ltntion with st S ~ I orpanisnt.ions of employersqe mag be recoptlised for the pllrpns hy the Central Oovernment:ff) three memhels representing employees to he nominated by the CentrnlCltr i-i.~.!iriic;~~t in oc,llu~ilta~;nl:~ \i,ii 11 sllrl OI.~:II~'S:I tio~is nr (JIIIII~OVPP?:as may bc rccogniscd for the purpose l v the (lent,rnl Governrncut;and(9) lhroe n.len,~bi!i..j, of when-I not less thxn on 'a as!i;.~l' lie :I \r.otrl:in, rcnre.sent'ng the medical l,~ofess'on, to he no:nijintcd bv tlic C:,!it:.;il Gnvern~ncnti!i cons,lltr~t'r~ri \\.iih sllch orrr:~~i?kntinn: of ~r!c->(iicanl !wncti.tjol-lprs as n.,njT he recor:niserl f n t)lr ~ ~::rli

6LaEmployses' State Ins.utance [A& xxm.this Act, the term of ofifice of sthan a n~en~ber referred to in any(I), shall be four years from the date on(2) A nlerlrbe or the hletlical 13enefit Council referred to in clauses (b) ahd(d) of sub-section (1) shall hold oEce cluriq the pleasure of the Governmen&nominating him. \ \!11. Resignation f membership.-A member of the Corporation, the 8t:mdingConimittee or the ledical Beuetit Co~inuil may resigi-i his ofiice by notice inwriting to the Centr 1 Government and his seat shall fall vacant. oa the accept-.ante of the resignati by that Government.12. Cessation of &mbership.-A member of the Corporation, the StandingCorninittee, or the Hei~efit CounciI shall cease to be a member of thatbody if he fails to three consecutive meetings thereof:Provided that thefit Cor~ncil, as theernrnent in thisfor being a rnenlber ofBenefit Council-the Standing Committee or the Medical Benesubjectto rules made by the Central Got-shall be disqualified for being chosen as ort,he Standing Committee or the Medical(a) if he in mind by a competent Court; 0:or by his partner any intererCbeing done for, theor m a ahmhold~t(d) if before or after the mmencement of this A&. he has been tonvictedof an offence volving moral turpitude.14. Filling of vacancies.-(1) es in the office of nominated or eleetednternbm of the Corporation, the ng Ccmmittec and the Mediod Bern€@Council sha 1 be filled byelection, as the case may be.(2) A member of the Corpor standing Committee or the hfedidBenefit Council nominated or ele a casual v ~ l ~ shall n c hold ~ office on$.so lonp afi the member in whose e is nominated or cleated would havehen entitled to bold ofice if. the r had not occurred.15. Pees and allowan the Corporatiin, the Standing Om%-rnittee and the hfedic~lrill receive such fees and low^âs may from time to tiethe Central Gove-enC-18. BPincipal Offlcerr.41) The Centerst appointments itrtelf nnd in the caseation .with the Corporntion, sppoint thb as Principal Officem) of the CO~OPR(a) D Director Qorlersl of Brnpbgec* qtsh 1,-W;(b) en Insunaxme Cmmimionw;(e) m Medics1 Commisaionor; \Id) a Chief Aocounh Ofiicx~; xndanr. Aatuary. \ !

-QF 19481(3) The Principal 0-ahall not undertake anEmployees' State Insurance a!(5) A Principal 05cerprescribecl by the Central(ci) A IJ""8O" dl".Principal Oficer ifsection 13.&be Corporation pased by the vote6 of.ration.and ubc ve.an officiating or temporarytion, the StfindsucHtimm &&o t~andnction ip.f

p-t8 E'mployees' state I?zsuraa?ace[ACT XXXIQ21. ~u~e+ess.on of the Corporation and Standing committee.-(l) ~ftheopinion of th4 Central Government, the Corporation or Stsrlding ~ ~ ~Persistently ~lltkes default ln perionr~lng the duties Imposed on it by or under~ i t t ~Act or abbes ~ts powers, that Government may, by not.lfication in theoficifil ~nzette\su~ersrde the Corporation, or in the case of the Stfinding corn-mittee, superse?e in consultstion with the Corporation, the Standing cornimittee :I,Provided thet[before issuing a notification under this sub-section the Centrali - Government a reasonable opportunity to the Corporation or the Standcasemay be, to show cause why it should not be super-:-the explanations and objections, if any, of the cow-E ration or the Stan&ng Committee, as the case may be.A .(2) up011 the pqbllcation of a notificatior~ under sub-section (1) superseding: bhe Corporation or tpe Standing Committee, all the members of t&e Corporation"r the Standing CorrFlittee, as the case mag be, shall, as fronl the date of suohpublication, bc deenled to have vacated their otFc.es.4(3) Whan the Standing Committee has been superseded, a new Stendingi Committee shall bc ihmediately constituted in accordance with sectiorl 8.(4) When the Con~or:ltioii !~ns beer; superseilcd, the Central Governn~~nt!kLkCw-(a) immediately porninate or cause to be nom~nated or elected new mem-, bers to the Corporation in accordance with section 4 and mayconstitute a new Standing Committee under section 8;(b) in its discretion, appoint such agency, for such period as it may thinkfit, to exer~ise the powers and perform the functions of the Corporationand such agency shall be competent to exercise all the powersand perform. all the functions of the Corporation.(5) The Central Govynment shall cause a full report of any aution takenuder thia section and the c:rcumatances leading to such action to be laid beforeP- $he Central Legislature at the earliest opportunity and in any case not laterthan three months from the date of the notification superseding the Corporationor the Gtandiag Committee, as the case mag be.I22. Duties of Medical Benefit Council.-The >/Iedical Benefit Council shallsdvisetllt: ~o~.&n-ation, the Standing Committee and the MedicalCornmissioner on matters relating to the administration of medicalbenefit, the certification for purposes of the grant of benefits and1 other connected matters ;I(h) have such powers and duties of :nvestigation as may be .prescribe&a in relation to complaints against medical practitioners inehcon~lection IT-ith medical treatment and attendance: and5 (c) perform duties 111 conneeti011 with niedicn! treatmenk andBFattendance as myy be specified in the regulations.t" 23. Dnties of Pr'ncipal Officers.-The Principal Oficers shall exerclse such[ powers dischn~ge s~lch duties as mnv he prescribed. They shnll also per-$form s~ch other functions as may be specified in the regulationstE 24, AC~S of corporation, etc,, not invalid by reason of defect in constitution,@ etc.-~o Act Of thO Col.uorat;on, thp Stnildins Coinm'ttee or the Medical Benefit?councii si,aii he ciCerncd to be invalid reason of nnv defect in the ~onstitulion ofthe ~ ~ ~ (he ~ Stfuncling ~ ~ C4mniittee ~ ~ t or , the i llreclicnl ~ ~ Benefit , Co~lncil, or on$he that any melllber thar(?pf R-as not elltitled to hold 01' continut' in ofice5 bp reason of dirqunlifiontion ok of irreprilnribJ,v ill his nominatiori or elec-Irtion, or hv reasoll of sllsll act llavin~ been done (IIIY: 1 1 the ~ l)ei.'od of nllr vaCinCi; in tile o~lce of RllV IliCll^li:cl' of C0y1,0y:~tioi1, the stn~ldinr. i:~mll~ltt~~' nr3Mcctical Benefit C~illlcii. 1

os 19481 h'n~ployees' State lt~surar~ce 8.25. Regional Boar&, *a1 Committees, Regional and Sncal Medical BenditC%uncils.-'l'he Corporation niay a1)poillt lteg~o~lal Boards, Local Gu+ull~keuand Megional and Local Med~c~l\:Benefit Cou~lcils in such areas and in bothmanner, and delegate tofunctions, as rrmy beby the regulations.I\F~$ANCE AND AUDIT28. Employres' State ~nsurd,ca Fund.-(1) A11 contributions paid underthis Act and all other moneys received on behalf of the Corporation shall be paidinto a fund called the Employees' State Insurance Fund which shall he heldand administeredof this Act.(2) The Corlmratioli donations and gifts frcnl the Centralor any Provinciallocal authority, or any individualor body whether incorporated or not, f ~ all r or eny of the purposes of this Act.(3) All moneys nccrui~ig or payah16 to the said Fund shall be received by\such ofIicers ~f the Corpoi.:ltion as m:ij- be authorised by it in this behalf andshall forthwit!l be paid 11- tl~eol into t~llA Reserve Bank ot India or such other.bank as may be approved + the Central' overnment, to an account styled Bheacmunt of the E:npioyees' State Inaurno$ Fund.+(4) Such account shall i:e oye~.ated on such officers as may be suthorised:bp the Standing Committee with tlie apI)ro~al of the Corporation.27. Grant by the Central Government. '?he Central Government shall,every year during the first five ye,ars, rr.ake a,grant to the Corporation of a sumequivalent to two-thirds of the adn~ioistrativiexpenses of the Corporation no(.i,ncl,udi~ig thereill the cost of any benefits pro 'ded by or underthis Act.28. Purposes for which the Fund may be e pended.-Subject, to the pro@-&ions of this Act. :i!d of nny rules rnnde by t e Central Ooverllment in thatbehalf, tile Pmployees' State Tnsnranc,c Fund skall be expeilded only for thefollowing purposes, namely :--iting the charges and costs inmedical benefit to the'iof this Act and defray-Corporation, ths -the Recron~lfit C,ouncils; 1expeilditure in rzspect ot offices sndpurposs of ::ving effect tc, theoom'n~ssionntdor other benefit2nd ineet.iii_rr +,\loset un tor: thei,.! $i [!pnrc I,-ii~! :,2.:.,. .-8ry;~p,-l~-,-,;~~t+, .~..,..,, ::;:i(.y[.d i!,:,fl.-., f ( ' ~ ~ ) ~ ? ~ I ~ C : ~ ~ : ! ~ ~ ~ I J : ~. ..,.

30 Emplo~eee' State Insurance[AC~ XXXIVe cost (Iccludlng all e~penses) of audltlng the mcounbl'UI'dtlO~l alld Of. the ValUdtl~n oi 1t8 asbets alld ilabllltlee;tilt: cost (lllcludlng all expenses) ot the ElnPloyees' lnsur.ul ts het L I UIILL~I'~ t~llj AC~;ui ally bUlllS ulldcr ally contract entered Into for the purthisfi~t by the Corporat~orr or the Standlng Commlttmly ~lllc*t~t (il1l.v ~\uthol~aed b~ chi: ttlo +,tundmiul~tlee 1u that behalf;i SUN~S cndcr any decree, order or award of any : ourt oragdlnst the Corpo~atlon or ally of its offioers or servanhfor allJ (LOlIe I!] the cxeLbtlon of hts duty or ~lnder a cornprolnlseor settlen~ellt ot an- sult or other legal procee&ng orhrrtlliit\d ur 111ade agarnst the Corporstioll;a11d other charges oi instituting or defending anyproceedings arlslng out of any action taken lrndarestablished.ure, within the limits prescribed, on measures forthe health and 11 eifare of insured,persons andn and re-emplogment of insured perbon8 whoed or injured; anda as may be authorised by the Corporation withoval of the Central Government.tc.-(1) The Corporation may, subject to suchd by the Central Government, acquire and holdmovable, sail or otherwise transfer ally movableay have become vested in or have been acquireds for the purposes for which the Corporation isy be prescribed by the Central Governtotime invest any moneys which areproperly defrayable under this Act andme to time re-invest or realise much invesQ(3) The Corporatioll the previous sanction of the Central Governmentand on such tor bc prcseribcd by it, raiee b a md ~ $dmt~ for tlir bellefit of its ~taff or any da~uefit fund a8 It may think fit.Corporation.-All property acquired befmhall vest in the Corporation and all incomeaer'ved and expenditure in thi~ behalf shall be bmuphk inb the bd tb &rporatioa.meat to be treat86 ars ea lwn.-AIl expsndititr~inr.urr~d hy the Government for and in connection with th~fitablishrnent of theup to the date of its cstablishmen6 ahall be Centrnl Qovorr~menk i;o the Corporation and*ilch lonll shall Rdju~t~d grnntfi fiom the Control Covcrlinlont b kb, ,'4'llc l,l,dql,+ L-linll r.o,lffi~n l-,yni;isinns~;ovcrl,rrlc,ltf*GF4 %k6,:,,C:TI+DTC,TJ;~ ,of c \+*~?*i,;?hall In uach year fmme a budge4whirl1 it PmvBer (0ti COpT of iilc tudget for iile.I\ rllu\. 1,~ iixeci by it fll tj:tk bentStt ; ~ g r l + t ? 111 llli? o;lil?:nn of the (:~'lt*~7 * 'F:-- t'for ljlL d;hLl,r.rl?~ file li:,bi'dt't t ; .-.L . r (1 til* c~'k,r+'l&r~ed>

w 19481 Employees' State Insurance 11.33. Accounts.-T 01.pora.tion shall maintain correct accounts of itc inl.=onieat~d expendby the Central Cr34, Audit.-[l) 'I "!its of the Corporation sha,ll be aucliteci, at suchti~nc:~ all2 jri S I ~ C I ~ s !lla;,: be prescribeci, by auditors appointed by the(Jentral Goverurnent.'(2) The auditors shallkat all reasonable times have access to the books.:iiccijuili; :l.nri oil~sr ciocuni~c~t:; of the ilcrpo!.itt.i~~~ a11t1 tnay, for :he puryoses bf-the ::t!c!ii, ct:.ll f ~ such r ~p!nrntion :~i>d inforn~nton as thc~!? may require or

111 the case of all emplobee dlreutly employed bybe r.r~libled to recover hum he e~uplogt)~Provided that no'iuch deduction shall be made &om my wages other thaa.such as relate to the erlod or part oi the period in respect oi wh~ch the contributlonis payable, or m excess of the sum represeutlng &he employee's oontributionfor the period.\(3) Notwil;hstandin"i,aiy contract to the contrary, neither the principal em.ylo~er nor the iu1111ed1 t~ e~nployer shall be entitled to deduct the e~rlployer's.eo~trlbution from any ages payable to an e~~iployee or otherwise to reoover it.h him.\(4 Any sum deducte by the principal emplojer from wages under this A&-.&all bie deemed to have een entrusted to him by the employee for the purpoeeof paying the contributio in respect of which it was deducted.(5) The princip~l empltyer fihnll bear the expenses of remitting the eonbibti-.$ions b the Corporation.employer.-(1) A ~.~cip!an employee employed byshall be eiltitletl t:o recover the amount of:the employer's contribution as well as thsthe immediate employer, either by deduap~incipalemploger under an;employer.in sub-section (I), the immediate emploger ehall,oyee's contribution from the employee employedby or through him by n from wages and not otherwise, subject tu theconditions specified il: to sub-section (2) of section 40.Explanation.-For of sections 40 and 41, wages shall bedeemed to includein respect of any period of authorisadleave. lock-out or legal $.trike\42. General provisions as to ayment of contributions.-(1) No employee'smntibution shall be payable by on behalf of all eniployee whose averagedaily weges are below one rupee. \Explanation.-The average dab wages of an employee shall be cdculsted~in the manner specified in the Firc\t Schedule.(2) Contribution (both the empl ver's contribution and the emplcgse's contribution)shall be payable by the p 4 incipal employer for each week during thewholeor part of which an enlployee s employed.t(3) Where wage3 ;Ire pi:ynble to ernglogee for a porlioll of the week,&he elnployer shall be lia.ble to pay the etnployer's corltributiorl and tlwemp!oyee's aontribution for the full but shall be entitled tc ~:r.ao\~erfronlthe e~nploye~ the(4) Fo contl-ibution shall be p:i;yab in respect of an emplogce for :~I!T: weekduring the whole of which 110 tu3c rendered by an c11il.lioye:- ;ii:d ihlrespect r.A whidhrlo \vrrges are(5) N~twit.hsianding t!~c(4); contrihutio:~ si~~nll 52-p2pnhle, in resj)ect of anyarc renclercci hg rind*i.'!

%r@ 19481Xmp qyees' State insuranceG13uo wnget; are p ~ ~ d whlch contribution \\as lastpdia, lier re the iallureb~ri'i~cb LS due co the euplou\et: b~lllg onap~hor~b~d I ~ ~ vor Y , is or a legal strtke, ~f 1u resl~ect ot theyer~ud uovarad by recelrras tvtcges 121 lull ur Inpitrz,43. Method of payment of cont to the provisions of thlsAct, the C;orl)oraL~~u may makeulstcer relatl~lg or inoideutalto the yagrnent a~tdl~ayable u11dt.r this Actaud ~vi~hout pre!udlce GO thepower such regulat~onsmciy pruvldt: lor-\(a) the muuner and time of payx&nt of contributions;(b) the payment of sontrlbutiol~s adhesive or 06her stampanfiised to or iml~essedor otherwise aud legulatlligthe ~nnnrler,in, at and uncier which,such starnps are to be aEixed dr impressed;(c) the alltry in or upon bobks or cardsbi particulars of contributions paidand benefits d~stributed 111 the {case of the il~sured persolis towhom such books or cards relate;\and(a) the issue. sak. custody, produutiou, ~ns!)ection nnd delivery of booksor cards and the repiacerneut of or cards which have beenlost, destroyed or defaced.44. Returns by employers.--%very prii~cipe! a imll-iecliate emplo,ver shall.submit tu the Lhr~~oratio~lto such oifiuer oL' Luryoriition as it Ill;iJ7 direct,such returils ill such l'orm alid ~olltililliil:: rticulgrs relating to persons~?ruptoyed by him: as mag be wecified inrllaue in this bahaif.45. Inspectors, their functions and duties.-(1) The CorFioratioll mayappoint such prsrsons as Ins~rctors. as it tbli~ks fit, fdr the purposes cf this .let,withln such ioc:~l ilulits as it nlay assign to them.i\(2) Arly lr~spector appointed hy the Corporatio under sub-sesticn (1;(hereillafter reierreci to as inspector), or other oEi .'a1 of the qGorporatio~authorised in this behalf by it may, for the lJur!Jcaes oi enyuiritlg ii1t.o the,currtctl~ess of ally of the !~articul~rrs stmated iri )lny retul referrec! tc! in soctioc44 or fur the purpose of ascertaliiing ~~:hetller an?; of th provisions of this Actihds beer1 coml~iied with-(a) regu:re any pr1i7c pal or lmlzlediate ernployer to\furnish to him suchinformation as he may colmider necessary for the purposes of thisAct; or!ijb) at :I))?. re:~sonnl~le time enter any office, establi:h~nent, factor? qrother prernises occupied by such l~rincipal or i~ mediate employeran-1 require any person foui~d ill a!~arye thereof t ;)toduce to suchIrlspector or ot,iier officia! nrlcl u low hirn to erami e such z~:+i)uilts;boolts and other doc~~ment's relating to the emplo mcnt a€ perso~~aand payment of wages or to furnish to him such il 4 f0rril:~tion :-IS hemav coilsicier necessary; or \(c) exnrnine. n~itll :esnect to an17 lnntt,er l'?le?'nn't t;0 thr>said, the priilzil~al or inrrr~ediate zmployer, his age11any person foi~nd irl slich factol*~, estnblis!~me~it,T)j-ern:ses, 01. ally nercoil v.il?om t11~ S:IICI Tnsy)cctnrhas reasollable cnuse b believe to be or to have beell 411 e1111)!oyce;(.7\ An Ti~si~ector sh;~ll escr~ise ~11th functions and perform sijcil cti:tlp~vnyn aut3horised by the Corporation or nlrlg bc specified in fhc rcg11-'2t~tic~n~.I,\

1.4 Employees' State lnsurance LAW m.v4B. ~eneflt~.-(l)\~ubject to the provrsions of this Act, the insured yerwuaer, as tlie case may +, their depeudaiits shall be elltltled lo the iollowlng Ijenefi ~ ~waiy, :-- \periodical hyrnents tcj any insured person in qse of his sicknessa duly appointed medical practitioner (herehafter resicknessbenefit);@) perioti~c;il pa!ri~euts 111 case of confinement to au insured woman,certified to be eligible for suzh paynleirts by an authority specifiediin thls behq f by the reg~~atlons (hereinafter referred to as maternitybenefiq;person suffering from disablementinjury sustailled as aa employeeand certified to be eligible for such payments by aain this behalf by tho regulations (hareiuafte~benefit.);(;a) periodical pnpme 'ts to such dependants of an insured person who diesns a result onan employment injury sustained as wn employee.under this Act! as are ent8it1ed to compen~at~ion under this Ad(hereinafter refdrred to as dependants' benefit) ; andGo) mediral twnrment and nttmaance on insured persons (hereinafter.referred to as mof the ;~p!~ropri,~~e Cioverurnent';.the regulations, ex&?r?c! t.he-47. When person eligible sickness benefit.-A person shall be ~ufi~ifie6aim sickness benefitif during the corl.espondingofhim were payable fopwhich he shall bewithin the meaning dnumber of contri-.48. men person ehll elway&-week, except when.qir:fin.g the whole of such week,-\(.h)- he mag unnhle towol*lrcertified. whetherIacconnt of sickness which h.nd heen rlllly.h'm t80 rece've sickness benefit or not. opbenefit for temporary disable-thereto.49. Sickness this Act and tho regu-.fa$ions,, if any, a person.benefit in accorilnllce wit:h:csc.rtion 47 shqll bcbenefit at the rntes specifiec.1 in thesecond Snhec1..~lc for the period ofiProvided that, sliall not be ior an irriti~i w:~itil-q:i+criod of tnro (jRys e-xc.c.,~t: inof sickneke fol!orvi~i~. nr. an(n+erQa, of not moro thail siokiiesa for which fiiolil~ess 1-hnefiti WAR le~t paid;f .I:/ 1j

Employees' State insuranceProvided Purlher thal si t be paid to any person for 8..number of days in excess okeu tugether wich the IIUII~~~?T.of days for whluh he has aent Illakas~lly u total of hftysixdays during my continlldred ti11d six~y-:ive days.nsured wolnall shall be qualified to claimiperiod ~f durillg theions Ill retjpeut of bel. wcr(3r of weeks aurrllg wh,cn she !merit w~thin the m e ~ & qhas bee11 paid between thirty-fivetheco~~riiletuellt takes plaot? ortwh.uhaver is more, (2) Subject to the provisions of th nd the regulations, if any, ~n5 insured wou.an who is qualified to clai nity bellefit in a~cord?illce withi. sub-section (1) shtill be entitled t,o recs the rate of twelve ilnntts a day$ for all days on which she does rk for raniuneratinn dt~ring ra!: period of twelve weeks of whictha expected date of confinement.inure than six shall precedek. 51. Disablement benefit.--(1) Subject to$. regulations, if any, disahlenlent benefit shtill(a) to a person who sust~ins: . . of such disablement ;during the period::. . (b) to a person who sustains during:his life ;gic) to tt person who sustains permanent?% total disablement, during:his life ; and"t.(d) to H person, in all nf disahlexnent $ot fnllinq under ~ l ~ h - c l ~ ~ ~ s ~ ~(a), (b) or (c) of this sub-seetion, as m'kg be provided in the regwt$. lations.'i(2) Dir~~blement ,benefit shal! be paid on the s@.le rind subjed, to f&?&. aon&tions specified in this behalf in the Second Schedbe...-f-52. DeoendantsP benefit.-Where an insured perso& dies as tb result of m- _$: empioyment injllry sustained as an e.mployee cnder thi25. fit be payable subject to the provisions of this Ag- to his aepenlants at such rates and for such perg:;fiecond Sck~edule..- 53. Disablement and deuendants' benefits.-Wheret-t~; or his deppnditnt~ ?re entitled to rer~,ive or rer.over. w$ of the insured person or from any other person any Cg: auoer t,he LL'ork~~len '6 Compensation Act, 1923 (VTITi reglject of nn emplogrne~it injurv siistaiced hy tahe inruq. IC under this Act, then the' following provisions shall 213L(9 The insrlred person shnll, in lieu of stlcb.2-b- receive the disablement benefit provideg~ otherwise to the cr-~nditions finerifid inY-.Ction Act. 1923 .(VTTI of 19231.1 from thBE..:xi . the employer or other person.'n..T.'QQ ~f the inslrred P~PSO~ dies as n recllltsl,stnined fig g ..emnlno~e ~ 1!n7h?r thisin receil,t, of nnv periodicn\ pnvment fe p respect tjlo injun), dependants' bei!.

I_d 6 Employees' State I~zsu~~a~zce [ACT XXXIVfates d in the proportion specified in the Second Schedule to hiswidow r widow6 durlilg her or thelr w~dowhood, and to alluori~glt~~qa e or a lop~ed sons alld minor legltlmate unmarrieddaughtet .ed Ijerson does not leave hiin survivillg any widow orntioned in clause (ii) or in the case of an ind~lredoes not leave her survivillg any chi.dren as mn,utionj,d~endant's benefit sha 1 be paid to the otherhe deceased at such rates as may be determined byted under the Workmen's CompensationI' benefit payable under clause (iii) shallnot exceed o e-ha.lf c;f the amount which would have been payableto the,insure person as ben-fit on permanent total disrtblenient.(v) Save as nlotlifie bv tliis Act, the ubliga~ions n.114 Ili\bil t,les imposedon an emljlo er by the LV~rlim~~l's Com1~ensation Act, 19.23(VIII of 1923),?:shall continue to nl~ply to him.54. Medical examimti 13.-A11 medical esal~liniitioi~s and treatment.referret1 to in the \\'oritn~c?~l C;oil;i~eris:tt::)~i Act, 1023 fV111 of l!)d3j, sha:l forthe I)urposes of this Act. be xrr~ed out by d!ll.v ilp!.)ninted medical !,)ractitioners.55. Review of benefits.--( )- .Any payment of disablement benetit ,may be-reviewed bo the Corr~rrliss'oi~~,. a~poin~~cl r~!id~r the Workmen's CompensationAct, 1923 (VIII of 1928), on e application of-.ia) an Insurance Officer bf the Corporation, or(b) the person receiving %e benefit,-md such application shall be ,A. .clnpanied by a certificate of a duly appointedmedical officer: "tprovided that such app!icnti mag be made without such certificate in.suci~ circumstallces as rn3y bein the regu:ntions ma.de in this behalf.(2) Subject, to the provisions this Act, the Con~inissione?~. mav, on suchas alores;citi, direct. tl~ut. disablement. benefit be continued, increased,,-reduced or discontin:led.966. Mcdlcnl benccflt. (1) An in~$irrcl ,lic.rsclu or (where ~uch xrledicul benefitis extended to his famil:) s memb$u\of 111s f;~~-riily whosz conditiorl raquires medi--en1 t,l-~atment and bttp:2dance sbnll be cntitiec-l to receive medical benefit.(9) Eric'h iii~dical Aendil rlirty 1: givel~ tlil,liel ir~ Lhc lorrvl otl out patictnt.treatment and attendance in :I hosl) or dispensnrp, clinic or other institlltio~or bv visits to the home of t.he ins d person or treatment as in-patient in ahospital or other institution.(3) A person shall be enfii.l.nd t\~~edical berieftt during any we~k forwhich contribut,ions are pzpable i:~ res e?t;of him or in which he is qualified to-,li~im sickness benest or matel.r~itZq be fit or, as provided under the regulations,is ill receipt, of disablement, benefit:fI'ra\7idecl t,hat a person in res;>ect mho~n contribution cea.scs to be pay-%b!e under this Act mn~? .be allc\~f:,l ITP l)~v~i~fit for siicll pe~iod and of such.nature as may be provider! 11nd!:r thp57, Scale of medical ben8Rt.-Cal henefit ic, extended to liis far;~pdical henefit onlv of sac11 lrilidI'rovi::&a! Gcve:.nr,?e::t cr bq thes,ln?> nledical benefit is extende-1,-~gllto claim zn\r ~rr~dical trsntmelltpensnrp. l~o~liit~nl.' c1;:iic or of-!lc-r ilallotted, 0;- as rnay be pro~ided by tto which he - or his familyt,

, OP 19481 Employees' State Insulvl~~ce 15n inswed person and (where such1his family to claim reimbursemen%ed in respect of my medical treat-1' 68. Provision of- medical Government,--(1) The i. Provincia.1 Government shall and (where ao:h benefi* 1Iince, reasonable medical,iPrwided that the Provinciath the approval of $he-:- Corporation, arrange foE medical medical practitioners on jsuch scale and su'bject to such t onditions us may be agreed upon.(2) Where the incid payment to insuredpersons in any Province is found to d the all-India average, the amountof such excess shall be shared bet the Corporation- and the Provincialfixed by agreement between them :the recovery of thee, Provincial Govern-agre'ement with a Provinciale of the medical treatment thatrsons betweenthebetweell the Corporation and that Governmeetermined by anarbitrator (who shall'be or shall have been of the High Court of aProvince) appointed by the Chi'ef J'ustice of I the award of the arbitrator. shall be binding on the Corpora.tion and the] l'be Corporation ma,?, with the a.pprovn1 of theand maintain in a Province such hospitals, dis

18j !Cl SXXLVduly appointed medical o5cerai.l?orntio:~ in this

Provided bhst the Corporation shall not be entitled to be indemnified by anemployer who hasin respect of the employee sustaining theemployment injury thig Act, except in caves covered by 'section 66.68. employer fails or neglects to payfails or neglects to pay anyin respect of any employee .to any bezcfir; or a.on being satisfied 'employer, pay tobean entitled if thefairure or negle-t had not ochurred and the Corporation shall be entitled torecover from the principal empfyyer either-(r) the difference between\the amount of bwefib which is pail1 to thesaid person and thc ymount. of the benefit which would be payableon the basis gf the ~atributions which should have been paid bythe employer, or \(iq twice the amount of th contribution which the employer fdld orneglected to pay,1whichever is greater.\(2) The amount recoverable under '+his section may b recovered as if it weresn arrear of land-revenue.69. Liaility of owner or occupier etc., for excessivo sicknessbenefit.-41) Where the Corporation the incidence of sicknessamong asured persons is excessive(i) insanitary working or establishment or ths 7neglect of theor establishment toby or under anyenactment, or \(it) insanitary conditions of any tenpersons and such insanitaryiect of the owner of the tehealth regulations en joine@ 1the Corporation may se6d to the owner or ctory or establishment !or to the owner of the tenements or lodgi e case may be, a claim forthe payment of the amount of Che extra exRH sickness benefit; and if the claim is notimay refer the mattnr, with a statement inIGovernment.(2) If the appropriate,Governnlent is prima facie case forinquiry is disclosed, it may appoint a c?r persons to hold aninquiry into the matter.(3) If upon such inquiry it is provedor psrsons holdiriq the inquiry that the excess in incinsured pkrsons is due to the default or neglect offactory or esta~dshment or the owner of $he tenemImny be, the said person or persons qhall determineper7ciiture incurred as sickness benefit, awhcle or any part of sucll ~ I T J O U shall ~ ~ ~(4) A detcrnlinatio~l under sub-sectiBdocree for.11agment of moi2ey passed in(5) the p11q70qe~ of thic sr>(.tio~i,il:C!llqF ~gcnt of flip ~Y:.I?CI. zlld att.,l{, of t h ~ tene~ucnts 01- lodr.rirry< a': :Ii IIiIy

. Empl,oyees' Stato 111.s1ac~)zce , [ACT XXYIT-benefit improperly received.-(1) Where any person lla~r payment under t8his A?.,; when he is not iawfu!l;y elltitiedble to repay to the.Colyaration the value ol Llie benefit orymelat, or in the case of his death his represent$tive shall :a,me from the assets of the,deceased, if any, in his hands.ny benefits received other than cash payments shall befh0rit.y as may be specified .in the regu!afions made inthis behalf and the yecision of such authority ,shall be final.t' (3) The amount ;.kcoverable under this section mag be regovered as if it werean ai-rear of land-re+nue.71. Beneflt payaget .tQ to and including day of dea;th.-lf a persol1 cilesduring a.ny period for ivhich he is entitled to a cash benefit under this Act, theamount of such benefij up to and including the day of his dea.th sha.11 be paidto a.ny person nomina.4ed by the deceased person in writing in such form asma.y be specified.ia thb regulations or, if there is no such nomination, to theheir or legal represei~tafi~ive of. the deceased person.72. Employer not td reduce wages, elk--KO employer by rensoii only ofhis liabilit,~ for any c,ayable under this Act shall, directly ,,I.indirectly reduce the wployee, or except as provided by the regulations,discontinue orpayable to hiin under the conditions ofhis service which 2r.enefits conferred by this Act.73. 'Employer not ish e-mployee during period 03 sickpess,et6.-(1 j Xo en~pioye scliarge, or reduce or other~~ise, punishan employee.. duriiig tloyee is in receipt of sickness bengfit. orinaternitg benefit, nor s except as provided under the ~gulation~, dismiss;^'discharge or reduce orbe period he is in-rec'eipt of disablementis. under medicaltreatment for sicknessness duly certifiedin accordance with tgnancy or confiriem'entrendering the emplor reduAtion given to an Qmployee - i(I) shall be valid or operative.iRAPTER VI. -i I- 1PUTE AND CLAIMS. 1ance Court.-(1) The Provincial Gov- . iial Gazette, constitute an Ernplqyees'ay- be specified' in the notification.ber of Judges an the Provincia.1 Gov- /dicial officer or is a lega.1 practition6rjbe a Judge of the Employees' Insur-1ance Court. ' - a ;oint the .same Court for two OF i1lol.e Isame 1oca.l a.rea.an appointed for the same local apea,r specia'l order regulate the distributionof business betnreeii them:bouri.---(l) 7.f :my. quea- t 1tioil or dispil!c, wises as LO-- $- 3F. \\4tlliu the ~nenniilg. of this Act or 2e o~nplo-ee's: conti~il~utio~~. or.. $.?hf

---. --(1)) tlie rilte of kages or alerage daily sages of an el~iplolse for the purposesof bhis Act, oribution payable by a principal emploaer in respect ofC'is or was the priilcipal eTnp1oyer in respect of anyon to any benefit alid as to the amount and.duraeY(f) the actuarial pr ent value of the periodical payments referred to inis in dispute between a principal employeror betweell a principal empldyer and an imbetween.a person and the Corp~ration orand a principal or immediate employer,. inor benefit or other dues payable orsuch question or dispute shall .decided by the Employees' insurance Courtin accordance with the provisi(2) The following claims shaPbe decided by the Employees' Insurance Courtnamely :-(a) claim for the contributions from the principal employer; -to reoover contribqtio* from any im-made by the Corporation against thethereunder; -. -.(d) claim against a employer under swtion 68;\(e) claim under section 70 fo the recovery of the value or amount' of thebenefits received by person when he is not lawfully entitledthereto , ; and1(j); any claiin for the recoverv\of t ony benefit admissible under this Act.0.(3) Yo ('i17il Court shall ha\ e jm tion to decide or deal wit11 any questionor dispute as aforesaid or to adjud ou ally liability which By or under thisAct is to be decided by the Empl Insurance Court.: 76. Institution of proceedings, etc (I) Silbject to Blie provisions of this Actftnd ally rules made by the Provinci Government, an proceedings before theEinplopc~es' Insurance Court shall b stituted in the Court appointed for theIoca1 me8 ill which t,he insured pers .as worlcing at th8 time. the question ordispute arose.C'(2) If the Court is satisfied thrtt atter arising out of any proceedingpending befo~e it can be more coilven ealt with by any other Employees'Tnsui ance Comt in the same Pro~r'n ay. subject to any ru!es .made bythe Provincial Government inmatter to be transferredto such other Court for disposansmit to such other Courtthe records connected with th(3) The l'rovii~cial Governmen 1' any matter pending before anyEmployees' Insurance Court in theany such Coui-t in anot,her Provincewit.h the consent of theof that Province.(4) The Court to which any nl ferred under sub-section (2) orsnb-sectioii (3) shall coi~t~inl~e the if they hncl been originallyinstit~ltecl in it. 4"

and enforcing theduction of documwidence and suchof section 195 andEmployees' State insurance[AOT xxxrvd proceedings.-(1) The proceedings before anourt shall be commenced by application.lication shall be in such form and shall contain suchooou~paniucl by such fee, if wly, as may be prescribedProvincial Government in oonrult~tion with thoranca Court, -47) Thc Emplogooe' Insurance .a Civil Court for the purposes of tiummoningwitnesses, compelling the discovery rand pro-'a1 objects, ad~ninistering; oath and recordingeenled to be a Civil Court within the meaninqof the Cocle of Crilninal Procedure, 1898 (V uf@?) The Employees' Insurance Court shall follow such procedure as may beprescribed by rules made by the Provincisl Govertment.9(3) All cot;ta iuuidellt 1 lo ally prooeeclit~~ belore all Employees' Insurance‘Court shall, nuhjcnt to R \ lra,h ri~let; ti ir~~y t)e nlaide ill Lhis behall by Lhtt ProvincialGovernment, be i the discretion of the Court.t(4) An order of the E%ployees' lnst~~a~lce Court shall be enforceable as if ibwet-, a decree ~assed in a Buit by a Civil Court.79. Appearance by leg practitioners, etc.--Any application, appearance oraul required lo Le made r done by any person to or before an Employees'.asurance Oourl (other tha appearance of a person required for the purpose ofhis examination as a witne \ s) may be made or done by-a legal practitioner or~y ar offi~er of a registere! trade union authorised in writing by such personor with the permission of t&e Court, by any other person so authorised.80. Beneflt.not adrmlisibl~unless claimed in lime.-An Employees* InsuranceCourt shall not direat-the pawent of any benefit to a person unless he has madeR cl~im for such benefit in a@ordnnco with thc ~egiilntionfi moda in that hehnlf,within twelve months after t&e claim became due:dProvided that if the Courq is saLisGed Illat there was realjonable excuse for ,not making a claim for the bkr~elit witlliu twelve rr~ol~tlls alter it bec'anie due,it mug direol Lhe yeiy~l~c~~t uf lte Lol~cfiL nu if thc claim had Lccn made ir~ Lil~~e.%i81. Reference to High Couf&.--An Employees' Insurance Court may submitany question of lnm for tho d ieion of tho High Court and if it docs so shalldecide t'ho qucstion pending h ore it in accordance with such decision.52. Appeal.-(1) S:cve aslie from an order of an Rmp%' sslgpl-ovided in this sation, no appeal shall(2) An appeal shall lie to t gll Court from an order of an Employees'I)~suiance Oourb if it i~lvolves st~ntial question of law.(3) T I p i of i~rlali f I 1 I 01i~ liei~t,/ondavs.fbe ilyky(4) Thc pravicio~lr, of ceptinilc 5 and 12 of tho Illdin11 Limitation Act, 1008(XL of 1908), shall apply to r,ppeal \ $under this section.%%83. Stag of paynier~t gonding a.$p~,a,l,---I3~licre the Corporxtion h ~ presented silii zppenl agni!lzt.iii~ order of the ~mb~o~eeii' Ipura~~cc Coyrt, iirnt i.~otiri m2y,?L:~d i:: 51.) di~e,:td 1;;~ the! I-Iigl~ CULII,L 3]i:lll, p~;;;cli~~g t.11~ clc~i:;icl~ (jf i,L!e apl)c;J3\rithl~ald ti,

84. Punishment f statement.-Whoever, for the purpom of -using;~BJ- increase in pay enefit under this Act, or for the purpose of causingany payment or bene be made where no payment or benefit is aubhorizedbg or under tbjs Act, r the purpose of avoiding ally payment to bemade by himself uct or enabling any other person to avoid any nucbpayment, knowingcauses to be made any false statement or falserepresentatio~i, sha able with imprisonment for a t.em which ma)extend to three ith fine no8 exceeding five hundred rupees,or wit.h both.85. Punishment for lailu\ to pay contributions, stO.-It any peraon-under bhis Act, he is liable &J pay,m the wages of an 'employee theer's contribution, ores the wages or any privilsgee OE(d) in contravention ofreduces or otherlation diemiesee, dischargee,unishes an employee, orired by 6he regulation8 orthe Corporation in bhe die-of which no special penaextend to three man*(2) No Court inferior to that of a Prethe first class shall try any offence under(3) No Court shall take cognizance of a ence under this Act except oqa complaint made in writing in resp,ect thex months of the dataon which the offence is {alleged to have beCHAPTER VIII.87. Exemptiori of a factory or establishment1ishments.-Thc appropriate Government, may,G:~zt.tte ant1 subject to such collditions as maythe notification,exempt ally factory or estnblish~nen~ 01. class establibhmnntg,it! ally sl~eciled area fm~n the operation of period not excecdi~leone year and may from time to timerenew nngsuch ex~mptio~l for periods not exceeding oneF4. ~rern~ti&i of persons or class of p@mnc.--.-$h.o appropi-ids Go~ei-11.rnerli mzix, l ~ llobiScnt,inrl j ill the oficial G~zi:ii.~ r i l i i \wbjech t~o ~uc,h colldi.iiorir: :IS itt nl:t!; dcci11 ii(. to il-nliosc, escmpt nlly Pm~oh or clnss of person8 era:

... . .-- ..Ernployces' State lns~rance[ACT XXSIVor elaau of factories or establishmenfeation of the ho~.make rcprese~tati0n.-No exerl~ptiou shall be granted 0:.i 87 or section 88, unless a reusouable opportunity hastatiou it may wish to make.tories or estabUhments belonging to Government omay, by notifhation in thsitions as may be specified in the' notilhentbelonging to the Crowu or anysuch factory .or establishrrlent areally sinliiar or supericr to the benerite-isions of the Act.-The appropriatecoasent. of the Corporation, by notification in they employees or class of employee$ in any factoryar establishme116 -or f factcries or establishlnents from one or more ofthe provisioue relatin le benefits provided under this Act.servants.-All officere tadublio servants within thdrporation to have priority- over otherincluded among fhe debts which, underthe distribution of the .-assetsrioritv to all 'other debts, the.ny other amount pa~able undere date of the order of adjudfup, as tho case may be.(c). the recov$s to he lct'ion, the StnnGl(d) the ?x.cvers snd dof their ser::i,,i. :following matters, namely : +mtmbers of theMedical Beliefitnding Committeemum ~lulnber olallsaction. of business by the Corporaandthe j%Iedical Benefit Count.!!;(2) t,tifi po17;i:crs nnd cli:ti~s of t!10 h4(:dir:,l ]:c;:,l?oil;. C

OF 19481'c \Gmployees' State I ,IS~LTUILCB(1) the procedure t adopted in the executioil of contracts;(g) the acquisition, and disposal of property by the Corporation;(h) the raisir~ and(i) the investmentCorpcrat:on and of any providentor realsatiuu;(j) the ba,sis on which tke periodical valuation of the assets and liabilitiesof the Corpor tion shall be made;(k) the bank or banks hich the funds of the Corporation maybe deposited, th cedure to be followed in regard to thecrediting of mone uing or payable to the Corporation andthe manner in w sums may be'paid out of the Corporetionfunds and t s by whom such payment may beauthorised ;(I) the accounts to be mainwhich such acco?intsaccounts shal.1 be au25y the Corporation and the forms Inkept and the times at which such(m) the publication of the eccou e Corporation and the reportof auditors. the action to on the audit report, thepowera of auditors to disall urcharge items of expenditureand the recovery of sums wed or surcharged;(nl the preparation of budget estimat and of supplementalag estimatesand the manner in which such timates shall be sanctioned an2published ;(0) the establishment and maintenancfund for officers and servants of(p) anv matter which is required or a110by the Central Government.(3) Rules made under this section shall beend thereupon shall have effect as if enacted- 96. Power of Provincial Government toGovernment may, subject to the condition of prevnot inconsistent with this Act in regard to all ornamely: -(a) the constitution of Employees' Insuranceof persoi~s who may be appointed Judgtions of service of such Judges;, the qualificbtionareof,, and the condi-(b) the procedure to be followed in proceedi re such Cpurtsand the execu,tion of orders made by such(c) the fee payable in respect of -applicationsInsurance Court, the costs incidents1 tCourt. the form in which ap~licationsthe particulars to lie specified in such(d) the .cst:tblishment ,of hospitals, dispensaries andthe a!lotme::t of insured persons or their familipital, dispensary or other institution;(e) the scale of rnedical benefit which-shall be propita!, cliilic, dispeusa~~ or institution, the1

2 6 Entployess' State Insurance [ACT XXXIVR of service of tho staff employed at 'such hospitals,s and institutions; and \ih) any other m which is required or allowed by this Act to be pre-Provincial Government.(9) Hules made this section shall be published in bhhe official Gazetteand thereupon shall effect as if enacted in this Act.87. Power of Corpora make regulations.-(1) The Corporation may,cubjecb to the condition ous publication, make regulations, not inconsistei;hwihh this Act and t made thereunder, for the administration of theaEairs of the Corporation carrying into effect the provisions of this Act.(2) In particular and wflhout prejlidice to the generality of the foregoingprlwer, such regulations ma provide for dl or any of the following matter#,nanlely :-', (i) the time and &ce of meetings of the Corporation, the StandingCommittee aid tbe Medical Benefit Council and the procedure tobe followed at sdvh meetings;(ii) the matters which :!al he referred by the Standing Committee tothe Corporation fo4 decision;3(iii) the manner in which any contribution payable under this Act shall, ,be assessed and col ected;\ f the'(iv) reckoning of wages&purpose of fixing the contribution payableunder this Acb[v) ,the certification of sick ss and eligibility for any cash benefit;(vi) the method of determi;dag the actuarial present value of periodicalpayments ; \(~ii) the assessing of the mhaey value of any benefit which is not aioash benefit:(aiig the time within which m\d the form in which arty elaim for a benefitmay be made and? the particulars to be specified in suckclaim : \I(isc)the circumsttlnces in which1 an employee in receipt of disablementbenefit may be tlisnjiss~. discharged, reduced or otherwisepunished ; i 11(2) the manner in which and th4 place and time at which any benefitahall' be paid;(ei) the method of calculating thecircumstances in ~vl~ichdisnblenlent and depenmethod of calculating the(zii) the notice of pregnailcy or ofsickness :unt of cash benefit payable and thecll commutation ofe , allowed and theonfincment. and notice and proof of(ziii) the coltditions under nhich benefit ;nay be suspended;(xi~j the coirditions Lo be-a person when in receipt of anybenefit. and theex:llnination of such persons:(XV) Ihe visiting of sick persons;(mi) tJ12 a~~noi~it~li!eni of medlc:i.l q1rnctiiiollel.stfor tlie pul*poses of t.?lisAni, the duties of stlrl; 1,?,:!trl.itiok.cl~s rn~d t,llr: form of medisal cev-

Employees' State Insurance 27ions by fine (not exceeding twoot excieeding three da-ys' wages~y be imposed on amployccs;, . on may be granted;-, (xi%) the ietunls ,mitted by bhe -principal and immediate emwh~chand the times at which such returns! d and the pa.r;rticulars to .be given in euchd other officers and servantss and servants of the Corpo-in remitting contributions to the Cor-(xsiii) any matter in respe..-. ... .. . mitted. to bem8d:e bn shall be published in the Gazethif enacted in this Act.an State&-The .Corpor~dianState and with the-S(lHET)ULF; T2. The average daily wages shall be:-days) ; . I*(d) in ~:~s;~ect of en em?!oyoe employed on the1"zsis of my. o&erfallsnrago period, the nreges for the lj'eriod, in n7l ich the coqtl.ihiltio11due, divided by the ni1nihr.v of davs \VO Ired (r~alionod in3terms of full \&rlring dxvs) dni:ing the_period : \,\,'

Group of employeestribution (l~eco- Employeru' con-hution (employees'andeinplover'scontributionR3. A. P.0;7 0-0 2 0 0 7 0Rs. A. r.. 07 0- 2. En~ployocn whnse ~Fera~e dn.i 0 S o. . >v:lgeq a.16: Rs. 1 S 0 aabove but bolonr Rs. 1. i ,4. En~ploydco whose average. dnil-0 6 0 0120 .mpes arc R.s. 2 ant1 nhopt b(xlow Rs. 3. ,'8, En1 loyew whose average ' 0 8 0 1 0 0&;Iy wages are Ids. 3 andabove bnt, helow .R.s. 4:;ti. Xmployeea whose average ciaily 1 ti 0wages arc R.Q. 4 o.nd nl,o~:r,but. below R,fi. 6.1 14 1)

1. The average: i1:iilv wa.ges of -c?l~iployee ill each of the groups specific.din the first. r:olumn of the table bthe purpose of calcuIati~,g thesickness benefit autl d.sabl&eilt ts' heriefits be ass,inlec!Ije the rate spcioi!'ied iri the correill thy second columll fihe?~;f.1. Employees whose a\.ort>;e cinily waga3. Employees whose average daily wa s are I

30 &?nployee3' State Itzsuralzcs xxx~vEranapls 2.-lf the person- was deemdd to have been not available foremployment f.p ,14 weeks in any contribution pel)iod -and was employed as an ,,,' . en~ployee for only weeks ill'that contribi~tion period, his ass~rmed averagedaily wnges being 8s. -1-4-0 for Be 12 wgeks, the avGage of the assumeddaily wages for the 'purpose of the rate of sickness benefit will, be:-i .:',12 x 20--,- - = 20 annaa.\ (26- 14)!,The daily' rate of si*,kneness benefit payabje in the bene$t period win t'heix10 annas. iiExample 3.-If t$e person was deemed to have been not available foremployment for 4 week6 in ariy contribution period and was employed as an: employee for cnly 20 week6 (he having been without any employment for 2weeks) in that contribution p,eriod, his asslimed average ilsily wnges beiugR,s. 1-12-0 for .20 weeks, i the average of 'the daily wages for the purpose of thert\t>t? of siclrness benefit sill be:---.-i20 X ee 6td--4I = 25.- annaa11- 4,IThe dnilg rate of sickness benefit pri~nble in the benefit year will then be12 .!annas, rounded to the: next higher anna, namely, 13 annas.1I\3. Disablrment and' de~j~enclants' benefit shall be an amount equivalentto one-h~lf of the sulll' f the assumed average dally wages for each ofthe weeks for which contribugons were paid ip respect of the ehployee duringthe pe,riod of fifty-two weeks; immediately preceding the week in which the -employment injury OccurE, di by tbe number of weeks for which contributionswere ao paid: provide where the amount ox the benetit so calculatedincludes a fraction of al\ anna, it shall be rounded to the .next highernnne. ' The chlculation indiqted above is illustrated by the followingexamples :-DtExample 2.-If the assu&d\ average daily .wages of an 2mployee were14 annas a day for 20 weeks, Rs. il-4-0 n dav for 20 ~i-reks and Rs. 1-12-0 a dayfor 12 weeks, the average of th$ assumed daily wages for the purpose ofdiiablement and dependbnts' be11 fit will be:-\ . =8h,a\62 o"i:'I'l~e disablem~nt or depe~ldaots' will then be 9,to lhe next higher auna, nalnely,Bxanipls 2.-If tlia empl0ys8 lvorked only for 34 weelis in tile periodof 12 iveekg precedink the week in whigh Z tllc en~ploy~nent injllry uccurs and bis '5~ %. ,lss~,r~led average dnilg wages were 14 Bnn:is n day' for 25 weelc" R I I ~ lit;. I.~,-o1.for 14 \i.e

A atablement ant1 dependants' lknefit wil I be :-BB! 'C .. 120 x 34 f 14 x 20 16--4------ = 16- annns,.%, 54 34 . .gF .8 . *-The disablement orp. dcpen&.uts' benefit will be 834 annas, rounded tothe next higher anna,, namely, \ snnas a day./"\The disablement or depend4pts' benefits calculated as aforesaid ahallbe called the full rate. ?; ii-4. The disablelllent or depend3lts' benefit shall be payable to a gersot:suffering from disablement as a r+"gult of an employment injury sustained nar;k k ~ - ernpioyee ill a factory or estabiis ment to which this Act applies, or if ildies as x raeillt of such injury, fl; I) delrelldnnts, as follows:--(a) for temporary tlisableillent~ during the period of such disab1,:xentthe full rate; L1h(b) for permanent partial disabl nt. ak a percentage of the full m~e,as provided in section the - 'CVorkrnen's Compensation AOQ,1923 (VIII of 1923), for(c) for permanent tatal disable at the full rate' for life; I(d) in cases of disahlemeht not cohred by clauses (a), (b) AII~L (G) above, Ias may be provided in theiregulations. !jii) ill [.he case of the dea,th of the per t,o h,is widow and childi-ell asfolloTVs :-.a(a) to the widow during life or un arriage an amount equiralerctto thi*ee-fifths of the full rate if there are two or more widows.the amount payable to th as, a,foresaid shall be dividedequally between the widows,(b) each legitinlate or adopted son, n amount equivalent to two- ,I fifths of the full rate until he ains fifteen years of age:II.'.(c) to each legitima,te unmarried dau a,n amount equivaleut totwo-fifthg of the full rate un ains fifteen years of age orulitil marriage, ~vl~ichever is /j'roviaed, that the Corj~or:tLiori I I I cu ~ ~9r fiiiol?ted san 01, any !eziti?xi~tc:un~>::\rrtho, rlFe of eighteen gears if s1~c.h snn or~rlt~i~fnction of tho Corpor~t~inn :1>..-.: Luvlc!ed furtller that If t!lc !d.r.! .of tlie~r1-1011g tjle wido~v or wido\vs mlrl lec~itimntt:ns aiores:tid exceecls the ful! ~.it,e, t!le sl~n~cht I)mpol~tiol~

aEmp yeee' State Insu~anoe [ACT XSXIV OF 194815. h ease the d person doee not leave a widow .or legitimate child.depend~nte' benefit rates as may be determined by the C~mmiesionerappointad under th en's Compensatian Act, 1993 (VIIE of 1923),!dependant, until he attains fifteen years of qe;dependant, until slle allaias fifteen yenrs ofarriage, whicheoer is earlier, or if widowa? . .atitteen years of aye.2 1; N.]--~-lA.' Pi r.,l I,:r\y ]$!.'j..JY..--:! ,I;OO. , .", . ., ..L..... ., .- ,

Act No. XXXV of 1348\ [P*~SBD\BY THE DOMINION LEGISLATOBE](Received the assen4 of e Covernot Gelzeta1 on the 31st August 1848) -- 1la Act to enable compa&s to make donations to the Bandhi National !1 \ Memorial Fund ?WHEREASit is expedient ta mske provision for enabling companies to,Iie Fund.--Any company, aebsociatione of the Coit so to do, by special resolutione Company's assets to the FundFund and administered by, &he. F

Act No. XXXVI of 1948HE DOMINION LEO.ISLATURE](Received the a overnor General on the 31st August m)An Act to amend the c ons of the Port Trusts of the majop ports J, Clalcutta and =&asand Madras;nlents and electionsin the Schedule, asthe passing of thisor Commissioners,held under any of the enactments mentionedby, may be nzade OT held at any kime afterthis Act comes into force. but the TivsteesYear Number @hod title Amendments1879 Bom. VI llowing section shall bt substituted,members, that is to say, of fourteennominee Trustees and a Chairman.normnee trustees shall be the following :-r, Grezt India:: Pcniim~!~- .P(g) anP r~lx-r ~nt.r?t~ivn rIin?~tl lly t.110 Provi~~ci~ 1Government ; aqd-- -- -I OT i+d.P~ict U,I)~(:

0 Embay, C~~ and Madraa Port Tmtr (Constitution [AOT xxxvl(Amendment)-esr Num Amendmen?\I'(A) the Municipal Comm~ionea for &he City ofBombay, ex oJkb."For sub-eection (1) of hion 6, the following shall besubstituted, namely :-1890 Ben. LU(I) Of the thirteen elective Trustees, fmo shall beelected by the Munioipal Corporation of the City of Bombayand the remaining by such provinoial or local bodieerepresenting commercial interests as the Central Governmeritmay, from time to time, by notification in theoBcial Gazette, epecify, and such notification may also/aspecify the number of TrusCees that each of such bodieemay elect."The Calcut For section 6, the following ohdl be subetibuted,Port Ac namely :-1880.\ " 5. CmtWora Qf 009.w&&n~u.-There aha3 becwenty-four Commhioners, Chab is to my-'(i) the Chairman, ca: oB& ;(ii) the ~eputy chairman, m omb ;\ (Gi) the Collector of Custom, Cdoutta. ex ow;\ (iu) the Chief Exeoutive Officer of the Municipal\ Corporation for the City of Caloutta, ez oflodo;(v) the General Manager, Eat Indian Railway,\'&end ~amger, ,engal ~agpur EM,'I m o m ;*t (di) one representative of the Mercantile MarineDepartment chosen by the Government ;, (mii) one representative Defence ServicesA1gOj Mad. 11 The Mdns I . for the word " eigh&n7' the wordPort Trust " t ne " fihall be eubstituted.Act, 1905.YI__I__(a) b$e Collector of Customs, Lfadms, r.r-\

OF 19481Cabutta and Madrm I'd Truetsstitoctim) (Amendment)--- -Year Number Short titla Amendmentsthe Municipal Cornmisstoner for the City ofras, cx o m ;) the &nerd Manager, ?drsdrae rand Southernstta Railway, cz ofPCdo;Generd Manager, SoutB Indim Railway,(e) qe representative of the MementileDopert ent chosen by the Centrd Government ;$ ,.(f), on4 representative of the Defence SerPiaeechosen bR the Central Government ;@) one 'kqresentakive of the Provincial G- .ment ch&n by the Provincial Uovemment ;employed in he port(d) eleven elect+ trustees.(2) Of the eleve' elected truetees, one shall be elected bythe Municipal &&ation of the City of Madres and the'a1 or looal bodiee repmntingcommercial infrom time toeection (8) shall bGovernment byMunicipal Corpore Central Government may,notification in the offieidn may also specifysuch bodies magin pursuchnce of subcatedforthwith to the Centrdexeautive authority ,,of thethe body conwmed.4

IAct NO. ~XXVI~ of I 948.! 4 .. -{f p" ,: 5::5-:1-A. .,..[PAs~~D Dl' 'FBI2 DOMINION LEGISLATUXW]1(Recabed the assent of the ~a.ve~~zbt General 07% the 3rd September 1948)n Act to provide for certain ~Qters in connehtion with the ta+g ofcensusGWHEREASit is expedient tofprovide for the.taking at census in W-C* 4Iqdia or any part thereof wheneverp e m s s s e for certain matters in c~iinection with.. 1the taking of such census;iI$ & hereby enacted as follows :f1. Shm$ title and Act mag be called the Census Act,the whole. or any part of the territories to tqhich this Act extegas, wheneve*it may consider it nebessary or desirg$le so to do, and thereupon the censm- ,. - ^ _shall be taken.'. p2w zq4. Appointment of census staff.-(l.) The Central Government. may appoinE-. ':. =a ,Census Commissioner to supervise the'+,slring of the census throughout. the arem.in inhich the census is intended to. be talien, and Superintendents of CensusOperations supervise the t.aking of thekpnsus within the several ~ U-JXdl(2) The ~overnm:ent may: appoint persons as een'sus-officers to I&&e, or aid!!?!?$errise the taking of)$ the &ensus within any specified local !.. .,. area an6 such persons, when so a.ppoinijea a'll be 'ooiiiii: io sewe aaoordiilgly.f3).A.decla.ration in writing, siped b ,any authority authorised by the--Governmentin this behalf, that ny person has been duly appoin'ted*census-officer for any local area sha.11 be cdpclusive proof of such appointment.'(4) The- ~ ~ o v e r n r n e nde1;gat-e t ~ a to ~ such authorrty as it thinks :86 'the power of appointing census-oiticers cbnferred by sub-section (2).5. Status of census authorities as publid servants.-The Census Cornmissioner, all Superintendents of ~ensd~ per at ions and all censuofficers shall be deemed to be public servants ithin the meaning of the IndiPenal Code (XLV of 1860).- 6. Discharge of duties of census-o.mcers @ cDistrict: Magistrate, or such authorib as theappeint in this behalf, by a written order so dir;ects--(a) evei-y officer in cornband of any bodiy of men belonging to the naval,,mi:ita.i.y or aii: forces, oiz of any vessel of +t~i;, of Iiidig,(h) every person (except a pilot or hnrbouri~astor) ha.iing charge orcontrol of' a vessel,,(G) every pei,son in charge ,uf :i. lunati'ci :~~yllllil, Iiospilt:cl, workllouse.. prisnli. refor~natory nt lock-np or of any puljlic, cl~arit~able,. ~.eli~;i~~s cn.. - ,e,duca.Bionnl institu tio~i.1. Chn;l&~

':B ~e4sus [ACIS xxxvnjd) every keeper, secreta.ry or !ma.nager of any sarai, hotel, boardinghouse,lodging-house, emigrtatiou dti$uL or club,(e) every manager or officer bf a railway or ang cornrrlercial orindustrial establishment, andj6 ,(f) every occupant of ~mmovabje property wherein at the time of thetaking of the census persons are livipg,:&all such of the duties of a ce~jsus- office^-in relation to the persou? who.ab the time of the taking of the census +re under his command or charge, or are!inmates of his house, or are present op or in such immovabio property or- -employed under him as may be specified in the order.I t . . = . .. (2) A11 th,e provisions of this Act relating to census-ofKoers shall apply, so:, ,fw as ma.y bi to: a.l$'p~poe#;-while p&rformii~g such dut,ies u.nder thi~ section,;:and any person refusing or neglecting to -perform any duty which under th@ 2- section he is directed to perfoi~n shall be deemed to have committed an offecck.,- ,(b) all members of the disjrict; municipal, ,palickoyaf: and other l~calauthorities and officers and serpi'ants of such authorities, and(c) all officers and members of staff of any factory, firm or

IQF 19481 Census 4.at any dwelling-house or with the manager or ahy officer of any commercial or--g industrial establishment, for the. purpose of itw being Wed up by the oocupier of: such house or of any specified part thereof or by such manager or oficer with 4hch pa.rticulars as thei-Governmentmay direat regarding the inmaw-_7~f such house or part thereof, or the persons 'employed under such manager orgfficer, as the case ma$ be, at the time of the taking of the census.(2) When such schi$ule has been so left, $he said ocoupier, manager orecer, as the case may ',be, shall fill it up or cause it to be filled up to the bestof his knowledge or belf~f so far as regards the inmates of such house or parti$hereof or ,the persons ebployed under him, as the case may be, at the time.aforesaid, and shall sign'&is name- thereto and, when so *quired, shall deliver4he schedule so filled up d.nd signed to the census-officer or to such person as the&ensus-oEc.er may direct,11. Penalties.-(1) (a) any census-officer or any person lawfully required to give sssistmcatowards the taking of 19 census who refuses or neglects to use reasona.bleL. Idiligence in performing'pny duty imposed upon him or in obeying any orderissued to him in accord*nce wit.h this Act or any rule made thereunder, ora.ny person who hinder& or obstructs another person in performing anyA,mch duty or in obeying dpy such order, or(b) any census-officer;. wh~intentionally puts any offensiv'e or impmperqucstion or linon7ingly inzilces any false return.or,.without the previougG, sanction of the'central Goternment or the ~ ~ ~ o v e r n m edisclosesf-]n t ,any information which he &as received hn mea.ns d, or for the purposes of, ' : " i-a census retd, or ij 1(c) any sorter, compiler: or other member of the census staff who-removes, secretes, damages ~r destroys any census document or deals WMIany census document in a m~nner likely to falsify or impair the tabu1at:o:laj. of census results, ori(d) any person who iilten%ionally gives a false a,uswer to. or refuses to .. -jsnsnrer to the best of his knodJedge or belief, any question asked of him by1a census-officer which he is le&all$.htm& by&&ctiori 8 to answer, orI(e) a,ny person occupying any hous8e, enclosure, .vessel or other, placewho refuses to allow a census-jfficer such reasonabia access thereto a,s heis required by section 9 to allow: ore(f) any person ;rho removes:, obliteraks, alters, or damages any letters,marks or numbers which have Upen pa.inted or affixed for the purposes of-&he census, orfg) any person who, having ken required under section 10 to fill upschedule, knowingly and without s'ufficient, cause fails cornp!? with the-pro~risior~s of that section, or makes any false return thereunder, or(JL) any pel-son who trespasses into a census office,&shall l ~e pi~nishablr: with fine which may extend to one 'thousa:$,~u~ees en@.&I case of a conviction under pa.rt (b) or (c) shall .alsp be pirlii6hii&lk.'Cw"1th. I. :_,hprisonment which may extend to six months. ".p ". , js :.,.:.: : 4. .(2) 'iihoevei. abets any offence under sub-section (1) shall be punishable with-6ne which may extend to one thousand rupees.12. Sanction require6 for prosecutions.-No prosecution under this K&fjaholl be iirsLii.utcd exccni wit11 the yi.eviouc cnnotion of t b c ~ ~ i i w J / ' ~ o :a s ~ r n ~ ~ ~ ~. . mect or of rlli r:~tllc)rity ~aulltoriscc'i in tTlir- h~hglf by tlle T'T~+-I;?-C:*+-~ Sover17nl~~t. $4I.?< Operstioi! of other laws not barred.-.---Nothin in %.his A.ct cball be deerllad1.a- ,,1.;, .eT7 c::t. :I:;-; I?C?FO:: from being ~:!.os.c\~tec! u7:de.r tl!?>- ()t1ie!,-onjissir,;~ n-hicli const,it,ates an ofialcc undzr this Act :1. SII/.~. .(.:IA~./QJ~J,Lu .-.iii\v f+!: :117\:PC!,~, oe;5:. . pjjd

$;1a..

-Act No. XXXVIII of 1948[PASSED BY THE DOMINION LEGISLATURE](Received the asseq of the Governor General on the 3rd September 1948)An Act to provide for the continuance of certain legal proceedings by or againsgthe Secretary of StateHEREAS it is exppdient to provide for the continuance of certain legalW proceedings by or &gainst the Seoretary of State in respect of any righijof India or any part of Iii,dia wh:ch mere pending immediately before the 15,thday of August, 1947;'$. 1. Short title be called the Continuance of.&egal Proceedings A -+&PL&RSL~+J 92. Interpretation.-In this ct,, "the appointed day" means t,he 15th daxpf August, 1947.8. Wntiiuance of legal proc\edings.--~ny legal proceedings which, irnmediatelybefore the appointed day,?of India by virtue ofAct, 1947 (10 andthe Sec.ret,~ry of State in any Courtappointed da.y became the territories.section 2 of the Indian Independence.(h) were in respect of any ri&t of India or any part of India,shall-\(1) if the right in question was of the Governor General in Councilabe continued by or against the(it! if the right in question was -the former Province of Bengafor the .Punjab, be continued by or ag the Prauince of West Eengd GTEast Punjab, as the case may be; and(iiz') if the right in question was any Governor's Province otherthanBengal, the Punjab, theFrontier Province or Sind, be-. continued by or against that Province.-4. Exclusion of time in computing period computing theperiod of limitation prescribed for any appealof any such proceedings as aforesaid, the day up. -Il;o the 28th day of May, 1948 shall be5. Repeal.-(1) The Continuance of Legal Ordinance, 1948 (XI3of 1948) is hereby repealed.(2) Anything doile or ally action t3aken in ponlers conferredby or under the said Ordiilallce shall bedolie or taken inexercise of powers confe~.red by or unclerha6 conlmence&on the 29th day of May, 19-18. --

-6bsa-&. 9 ,+&- 356/BLG.i~ c t \ ~ o . XXXIX af 1948[Piisen nu Tae DO~~IOE Leors~*~un~]tU. aapant if the Govanor Gsnaml 0.n the 8rd Seplsmb?..lQ4@WHEREASAn Act further amend the I&ian Registration Act, 1908it is erped\ent to nmand the Indian Registration Act,,. 1908:(XVI of 1908), for $he purposcs hereinafter sppearing ;It is hereby enacted as $ollowu :-I1. Short title.-This Actitmay be called the, Indian Registration amendment)Â&, 1948.2. Amendment of sect.ion 47, Act XVB of.1908.-In sub-section (2) of section 17of the Indian Registration Ac4, 1908 (hereinafter referred to as the said Act), afterehme (x), the following clause $hall be inserted, namely :- ." (xa) any order mado'\.under the Charita.ble Endowments Act, 1890 (VPof 1890), vesting any propi.\ty in a: Treasurer of Charitable Endowments or'divesting any such Treasur&~ of any property ; or ".3. Amendment of section 32, $ct XVf of 1908.-In section 32 of the said Aot,for the words and figures " sectiop 31 and section 89 ", the words and figurea:'' motions 31, 88 and 89 " shall b&l,substituted.4. Amendment of section 69, A;\ XVI of NOS.-In sub-section (I) of section 69 1of the wid Act, afler clause (y) the f~lloxdng clause shall be insertod, namely :-" (gg) regulating the rnann& in which the instruments referred to in &b.seotion (2) of section 88 may be presented for registration ; ".5. Substitution of section 88, Act &I of 1908.-For section 88 of the said AoB,. jtb following section shall be eubstit~t$d, namely :-Il'88. Registration of document$ execded by Qovernn~ent oficws or certaispublic functionaries.-(1) Notwithstanding anything contained in this A&,.it shall not be necessary for- , a(rr) any 6fficer of Governrngpt, or(6) any Administrator Generdj, Official Trustee or Official Assignee, or.-(c) the Sheriff, Receiver or fitegistzar of a High -Court, or ,,(d) the holder for the time beibg of such other. public office as may bespecilied in a notilication in the official Gazotte issued in that behalf by the.Provincial Government,to appear in person Gr by agent at any reiistiation office in any proceeding connectedwith the registration of any instruiont executed by hjrn or in his favour,. -in his official capacity, or to sign as provid'ed in section 58.(2) Any ihstrurnent executed by or in'tavonr.of an &cer of Governmentor any other person referred to in sub-section'(1) inay be presented for registratio*in such-manner as may I)e prescribed by rulbs maclo .under sectior, 69.8.(3) The registering oficer to whom anyinstrumect is presented for regis-.tzntion nnder this section may, if Ixc, thinks fit'!, refor Lo any Secretary to Govemr.tlentor to such officer of Govcrnmellt or other per'son rcferrerl to in s=h-sectienji j for information respecting t.ho salllo and, on bi:i:lg sntisfierl of t?ho oxecutian,t.hcre.of, shall registm t1.1: i~~t?t.ru~ui.,nt.':i i

(Received the assent of the ~fo~emor General on the 3rd September 1948)!wAn Act to confer upon Courts tqmporary jurisdiction in certain matrimoniakcausesI HXREAS it is expedient to confer upon C0urt.s -4temporary jurisdiction in certain matrimonial causes;It is hereby enacted as follows:-1. Short title and extent.-(1) This Act may be called the Indian Mtlt,ri- 4monial Causes (War Marriages) Act: L948. CfhdaC-a -+% (2) It extends to w. 7 1K&&,-- _ -------2. Definitions.--In this Act, unless there is anything repugnant in the sub--+ or context,-- (a) "High Court" shall have tht! se,ine meaning as in the Iudiun.Divorce Act. 1869 (IV of 1869');@(b) "m&riage"' includes a p,urported marriage which was void abinitio, and "husband" and "wife" shall be construed accordingly ;(c) "war period" means the period commencing on the 3rd day ofSeptember, 1939, a.nd ending on the 31st da,y of March, 1946.3. Application 09 Act.-The marriages to which this Act applies aremarriaga solemnized during the war period, where the husband was, at thetime of the marriage, domiciled outside India, and the wife was, immediatelybefore the marriage, domiciled in India: - 9Provided that this Act shall not apply to any marriage if, since the solenlnizationthereof, the pa,rties thereto have resided together in the country inwhich the husband was domiciled at the time of the residence.Ezp1anation.-For the purposes osthe above proviso the whole of the UnitedBtates of America, the whole of the United Kingdom and th_e whole of any :British possession ewb&dd% shall each be treated as one country. L/rx.+i I4. .Teiiiporargi extension of jurisdiction of High Courts.-In the case of any imamibge to which this Act applies, the High Court shall have jurisdiction inand in relation to any proceedings for divorce or for nullity of marriage as ifboth parties were at all material times domiciled in India; and subject to theof this Act, the provisions cf the Indian Divorce Act, 1869 (IV ofl@69),shall apply, .so far as may be, in reiation to any such proceedings insti-$ukd under this Act as if they were proceedings instituted under that Act:Provided that this section shall.not apply in relation to any proceedings fordi~orce or for nullity. of marriage unless-(a) i;lle petitioner or the respoPdent~professes the Christian rcligiou,.. and(b) the proceedings for divorce or for, nullity ?&:marriage are commencednot later than three vears Eroin the commellcemeilt of this hct.5. Saving.-Nothing in this Act shal! be deemed to extend or alter Ihs'jurisdiction of the Eigh Court in, or in rela.tion to, any proceedings for r!iv.-,rceor for 17ullity of marriage, where at the commencement of those procesdinptfLe partties are domiciled auvmhere in India.6, Certain decrees and orders to be recognised.-Tlle 'validit,;\, of decreeor order lllade in the U~litecl I-ir:g out. the objects of t,his Act,.Price aii.~in. 1 or l4d.CT;'j,--S] -:-- 69(! >f of JA%\:* ?!l-4-49....i,f?Oii1. &''l.

iW lomatio and eonsulnr officers for the levy of fees in reqec! of[PA~SED BY THDOMINION LEGISLATURE](Received the assent of the Gov kz& Ge,ne~al on the 3~d ~b~t~rnbej- 1948)An Act to 'provide for the admini tiation .of oaths by diplomatic and consularo,aicers and to prescribe the f es leviable in respect of certain of . Weirofficial duties, !. ijHEEXAS it is expedient to pr\vide for the administration of oaths by dipcertain official duties p6rformed byB!It is hereby engcted as follows:~1. Short title.-This Act may be c lled thi Diplornatiic and Consular Officers(0at.h~ and, Fees) A&, 1948. Pii 2. Definitions.--ln this Ad,- I(a) "consular officer" includhs consul-general, consul, vice-consc:,consular agent, pro-consul and ani other person auiihorised to perfom theI(o) "prescribed" means3. Powers as to oaths andconsular ofioer may, in anytered, takon or done byproof of the seal or signshe oflicial character of4. Punishment for offences under ,Act.--(1) Whoever sweam falsely in 1any oath or aflidavit taken or made ordance with the provisions of thie 1Aot shell be punished with- irnprisonthree years and shall also be liable to fi(2) Whoever forges or fraudulentlson authorised by or under thisActdqnce, or otherwise usecounterfeited or fraudulent1feited or fraudulently alterby a diplomatic or consul~r officer in t,h$ executior~ of hi. oF-ce.'1"rfce wi 7: (:. $ or 1 (1./. SU4-?' LLJ A . c. . fq 5-0 .i. .-

9 Diplomatic and donruh ~jji~ic/rs (Ogks d B Feel) [*at XLI or 19481ifor -and,.applied and my be remittedin such manner as mag' be reacribed.;. -.,ooun% of;any =Lor. tug, or servic . .done, psrformed or rendered by him in the8- -(2) All such few :qhsll.ke levie ~.~ccau~~ted!.,fp(3) A diplomatic or consular offi er shall not, .save as may bs provided bj$-- : - - an$ rdes mad6 iu ;this, behalf, ask or: or take-.any .fee':or rewar-d for or on ac-$i execution of his office. :r- .'7. Publication and imue of tsbbs of be.,-(I) Tables of the fees which. msy,,for the time being, he levied rules shall he published, ip,.auch. manner and copies thereof shall be to such persons as may. be prescribed.(2) Every consular officer, and diplomatic &.cer in any foreigncountry or place where bhere is no ular offioer, -shall keep exhibited in aoonspiouous place in his office a c the table of fees to be levied underthis Act and shall permit the sam inspected by any person interestedtherein. --8. Power to make rules.-(1) tral Government may make rules tocany out the purposes-of this Act.(2) In particular and without to the generalihy of' the foregoingpower, such rules may prescribe-(a) the scale of feesthis Act and the manner in whichsuch fees shall be levied(b) the remuneration, ible to a diplomstio or consularofficer in the execution of sties vested in him by thk Act;(c) the registers to bereturns to be made in pursuanceof this Act; and1(a) the manner in which co 'es of tables of fee^ may be publishedend distributed.

Act No. $LII. of 1948(Rsoeiued the assent of the G O V ~ ~ OGeneral T on the 3rd Septentbe~ 1948)An Act furthet to amend e Indian Merchant Shipping Act, 1923WHEREASPiit is expedient f rther to amend the 1ndian Merohant ShippingAct, 1923 (m of 1923 for the purpose hereinafter a,ppearing;It is hereby enacted as fol ws:-.'1. Short title.--;This Act lay be ca.lled the Indian Merchant Shipping:i(hmendment) Act, 1948.2. Amendment of section 06, Act XXI of 1923.-Inclause (b);of sub-section(IA); of section 206 of the I dian Merchant Shipping Act, 1923 (XXI of 1923),.$he words "five years" the words "three years" shall be substituted.j

~ c tNo. XLIIl of 1948iPASSED BY THE DOMINION LEGISLATUBEJ(~eceived the assent of t7~ei,Gpvenzor General on the 3rd ~e~ternber 1948)!An Act further amend fie Indian Army Act, 1911 IWHEREASit is expedlai~i further to amend the Indian Army Act, 181B(VIII of 1911), for the purposes hereinafter appearing;It is hereby enacted as follows:-1. Short title.-This Act way .be called . the Indian Army (AmendrnenQgot, 19.48.2. Substitution of section 6A, Act VIII .og 1911rFor section 6A of SeadianArmy Act, 1911 (herehafter referred to as the said Act), $he followingmotion shall be substituted, !namely:-"6A. Relations betuyen jorces of. Acceding States and Indian LandFmea when acting togetbe?.-When any of the foraea of an Acoeding Gtate-.we acting with, or are jattached to, any body of :His Majesty's Indian)Land Forces, whether wi&in or outside the State, thcn-_(a) all the provisions of this Act sha.11 apply $0 such' forces and:the members thereof as if they fomied part of that body of H;isMajesty's Indian Lgnd Forces ;(b) for the puqioses of command and discipline and for &he purposesof the provisfons of this Act relating to superior officers, anyofficer, sub-commis&oned ofiicer, warrant officer or non-commissioned:officer of such fore@ sBa.11, in relation to that body of His Majaty'e-Indian Land Forcqs, have all such powers and be treated as if he, were an Indian copmissioned officer, Viceroy's commissioned offimr,warrant officer or; non-commissioned officer, a.s the case may ,be, ofHir, Majesty's Ind@ Land Forces; and -(c) the relativ! rank of officers, .sub-commissioned officers, warrankofficers and nop-qmmissioned officers of such forces and of HisMajesty's Indian &and Forces shall be such as may be deteimined bythe Central Gove@ment or by such other authority as may be prescribed.' '8. Omission of section kf3, Act VLII of 3.911.-Section 6B of the said Act_. -shaU be omitted.4. Amendment of se'cti

i 4Act 40. 1[PISSEO\BY THE DOMINIOX LEGISLATURE](I2ecatveu the assent of t Gove-rr~o~. Gene~a1 on the 3~d Septerrzlei. i9-13)An Act further to axdknd the Durgah Khawaja Saheb Act, 1936HEBE-48 it is further to anend the Durgah Xhawaja SahebW 6), for the purposse hereiaafter appeariilgrIt is hereby enacted as follkws: -1. Short title.-This Act mab be called the Durgah Khawa.ja Saheb (Amendment)Act, 1948.%2. Amendment of section 5, hct XxIU of 1936.-ln section 5 of the DurgahKhawaja Saheb Act, 1936 (XXI$I of 1936),- -,- c(a) in clause (e) of sub-@ction (I),-(9 for the word "el\ven" the word "nine" shill1 l .~ substituted;(ii) after item (vi) t& word '.'and" shall be inserted; andt(iig items (viii). and cix) shall be oinit,ted ;(b) for clause (,f) of sub-sed$ion (2): the following clause sl1~.11 he subskituted,namely :-"(f) three, co-opted bj;?, the me14bers of the Con~mitte-.-referred toin clauses (a) to (e) from an3,ong persons-residing in any of the AccedingStates or in the State of Ifyderabad; and" :. .(G) in, clause (g) of sub-sect&n (I); for the words-, hr.ackut,s und letters"in clauses (a) to (f)" the word;s, brackets and lett,ers *i!l clauses. (a) to(e)" shall be substitbted ;.% ,>(d) in sub-section (g), the br&kets, leiters and words "(a) he cannotread and write Urdu; or (b)" shallibe omitted; %nd --1(e) in sub-se~tion (4, for the v!tsorde "fails to do so within six months"bthe words "is for any reason-unabl4 to do SO" shall be substithed.k.--3. Repeal. Of Ordinance X of 1948.4he Durgah Xhaweja Saheb (.Amend-- .jmnt) Ordinance, 1948 (X of 1948) is he?@by repealed.. ,. ,

No.(Received the assent ohhe Governor General on the 3id September 1948)An Act to aqend the Indian Telegraph Act, 1885.WHEREASit is eapedieat to amend the Indian Telegraph Act, 1885 (XIILof 1885) fop the purpo%s hereinafter appearing;It IS hereby enacted as foll&vs:-1. Short title.-This Act may be called the Indian Telegraph (Amendment),Act, 1948.2. Amendment of section 1, A;\ XlII of 1885.-Wr sub-section (2) ofeection 1 of the Indian Telegraph AcZ, 1885 (XI11 of 1885) (hereinafter referred.to as the said Act), the following sub\section shall be substituted, namely :-"(2) It extends to the whole & India."3. Amendment of sections 4 and 20, 1885.-In sections 4 a112220 of the said Act, for the words "the wherever they occur, tpeword "India" shall be substjtuted.4. Insertin of new section in Act XI11 'Qf 1885.-After section 34 of the,. said Act, the following section shall be insertpa, nane1y:-"35. 'Provincial Government' to incluke Government of an Acce'ding. ,State.-In the application of this Aot to aqy Acceding State,-. 'L,(a) all references Lo a Proviltlcial ~0"t:~ernment shall be construe&as references to the Government of that &ceding State; and(b) references to the' Code of Criminal ~ibpedure, 1898 (V of-1898),.in section 2'0 and to the Indian Penal Code (WV of 1860) in sectiom31 shaIl be construed as references to the codesponding lam for thwtime being in force in that Acceding State."I

L -' l.w.%A.~-/95@- 3- m. ~ ~ d ~ 2 ~ ~ ~ 8 & / 9 ~ ~ ,6 .&&.4h.34&B04'/95&, q. &h.z+/r.4d~&~ag /9i3h,.--g-dLaAd No. XLVl of 1948 GA- vd-yg- -~PA~BED BY TEE5-MINION LGGISW'~UB&](Keeeived tire assent of the Cfovernor General on the 3rd September 1948)- +I Act to msbs pmMm lor the traming cd ol Provident Fund SQ&~ md aBonus Scheme for prsqns employed In cad mineeW HEFLEAS it is expedient to make provbion for the framing of a Provi:dent Fund Scheme and a Bonus Scheme for Frsons employed in coal.mines;IIt is hereby enacted as follows:-1. Short title and e~bnB--- s Act may he called the Coal Mines 9-ih-4&-WJ*2. Interpretation.--In $his bt, unlesb &ere. is snything repwant in theaubjecb or contest,-'* (a)."bonus" mea? any s m of money payable to an &mployee &-ae j u n d e r the Coal Mines Bonus Scheme framed under %hie Aot ;[b)*'ml mine" rnws any excavgtion where any operatioc for tdaaipurpose of obtainiw coal hss Keen or is being carried on, and includea al!works, msohinery, %ramways and sidings,. whether above or below gomd,\in or adjacent to o; belotiging to a -1 mine:4Provided that it shall &t incluae any pert of the coal mine on whichia msnufacturing process is being carried 011 unlew such pcese .be a 1prtmm for coke-atiking or the dressing of minerals;-a (0) "contrib;tionl' means th,e contribution payable iq reaped of a ~.i 'meplbr under fib 'Gal Mines 2rovident Fnnd Scheme fr&nd under f h iAct; /(4 "employee" means any pmon who is employed in any kid ofwork? manud or otherwi,~, in or in connection with a coal mine andgets hi8 wages, 'dirwtly or indireotly from the employer;. * .- .(e) "employer" means the owner of a coal mine ae defined in &use(i) of section 3 of the Indian Mines Act, 1823 .(ITof 1823);(f) '"~und" mams tbe provident fund est+lished under the Coalbiines Provident Fund Scheme; md(g) "m'ember" means a member of the Fund.3. Coal Mines Provident Fund Scheme.-(I) The Centml Governmellt may,--'by notification in the official Gazette, frame a scheme to be called the . CodMines Provident Fund Scheme for the establishment of e provident fund for.% ernplo~ees kk-@%d.~e4.]and specify the coal mines to which tl~e said scherrleIshall a.pply .,I(2) Any scheme irnmod under tho provioiolls of sub-section (I).-nay provide ' +,fm all or an1 of tIh~ matkcrs specified in the First Scllcdule.4. E%~?nd tn -bc ~c?c,og=nised u'nder A.c': X.1 of 192qi- --Fo:. ill

f2 Coal &lines Provident Fund and Bonus Schemes [AOT XLVI4donus Scheme for the payment of bonus to [employees -1 and specifythe coal mines 60 which the said scheme shall apply.(2) A scheme framed under the provisions of sub-section (1) may providefor all or any of the matters specified in the Second Schedule.. 6. Retrospective op'eration of a scheme.-A scheme framed under this Act,day provide that any of its provisions shall come into force either prospectivelyor retrospectively with effect from such date as may be specified in thisbzhalf in the scheme7. Modillcation of a scheme.-The Central Government may, by notificationin the official Gazette, add to, amend or vary a scheme frameci under thisAct.8. Protection against attachment.-(1) The amount of the provident fund8tandTi~g to the crgdit of any member in the Fund shall not in any way bezapable of being assigned or charged and shall not be liable to athachmentunder any decree or order of any Court in respect of any debt or liabilityincurred by the member and neither the Official Assignee nor any Receiverhppointed under the P~ovincial Insolvency Act, 1526 p7 of 1920), shall beentitled to, or ha58 any claim on, any such amount.(2; amount standing to the credit of ariy member in the Fund at thetime of his death and payable to his nominee under the Coal Mines ProvidentFund Scheme shall, subject to any deduction authorised by the said scheme,vest in the nominee and shall be free from any debt or other liability incurredby the deceased or incurred by the nomine'e before the death of tfie member., 9. Penalty.-(1) Any scheme framed under this .46t may provide that anyperson who conkravenes any of the provisions thereof shall be punishable withimprisonment for a term which may extend to six months, or with fine which&aj. extend to one thousand rupees, or with both.(2) No Court shall take cognizance of any offence punishable under anysuch scheme except on a report in writing of the facts constituting such offem%made by an Inspector with the prP,Gous sanction of such authority as may bespecified in this behalf by the Central Government.10. 1nSpecbrs.-(1) The Central Government may, by notification in theofficial Gazette, appoint such persons as it thinks fit to be Ins,pectors for the *.;urposzs of the Coal Mines Provident Fund Scheme or the Coal sines BonusaScheme and 'may dehe their jurisdiction.3(2) An Inspector ruay, in respect of any coal mine within his jurisdiction,- -(a) require an employer to furnish such .information as he lnay 5aontiider necessary for the purposes of any scheme framed under this Act;' (b) at any reasonable time, enter any coal minc, 6r its office and 4require any one found in charge -thereof to produce before him such' t -accounts, bhoks, registers and other documel~ts relating to thement of persons in the coal mine as he may consider necessary;(c) examine, with respect to any matter relzvant to any the pup-IIOS~S aforesaid, the employer. his agent or servant or any other personfou~lcl in charge&of the coal inine or its office or whom the Inspector hasreasollable cause to believe to be or have beell an employee in the coalrninc,(3) Frory Tilslxctor s11dll LC clee~lied to he 2 I,lll>lii scrva~lt mltllill tilo gnri.n~li~~z of cect.ion 21 of tllc Tndian l'ennl Code, 1860 (X'1,TT of 1860)----- --._ --_/ ------/ , '11. 33iofit*y uf paylllfint of contributions anfi bcnus over other deMs,--'l'h6. '-r!j,:1:111t dac! ill ricp~ci of :"I\ cvlt:il:ut:o~~ n:. I)ol:t , I.:I,,:L~ :, L ~ ? ~ f.all,r ~ ~ , , ~ ih- - -- - __r___-_-_ - -Aa I, , , , i t , i . -\(L ,,,TI? ( L % , L - 1 ) ) 1111~,1 ill l 2 - 7 T -*;,],tp ,,,, ,.1 ; ,, \ i k !L.: l~~!~~,>

sOF 19481 Cod Mznes P~ovident P u atrd ~ Bmu8 Schemed 6liable has been adjudicated insolvent or, in the case of a company ordered tcbe wound up, before the date of such order, be deemed to be included emocgthe debts which, under section 49 of the Presidency-towns Insolvency Act,1909 (I11 of 1909), or under section 61 of the Provincial Insolvency Act, 1920(V of 1920), or under section 230 of the Indian Companies Act, 1913 (VJI'oL1913), are to be paid in priority to all other debts in the distribution of the-- -case may be. , - -property of the insolvent or the assets of a company being wound l~p, as the&2: Repeal of Ordinance VII of 1948.-(1) The Coal Mines Providenb Fundand Bonus Schemes Ordinance, 1948 (VlI gf 1948), is hereby repealed.(2) ~otwithstahdin~ any such repeal, anything done or any actioli taken inexercise of any power conferred by or l~nrler the said Ordinance shall be deemedk have been done or taken in exercise of the powers conferred by or under thisAct, as if this Act had commenced on the 23rd day of April, 1948.THE FIRST SCHEDULE- (See section 3)Mattej-s to be p.~ovided. f o in ~ ths Coal Mines P~ovident Fund .Scheme--1. The employees or class of employees who shall join the Fund, ths contri.t~ut~ions payable to the Fund and the conditions under qhich an= employee maybe sxempted from joining the Fund or from paymmt of con$ributions.L3. The payment by.,the employer of such sums of money as may be consideredntcessary to meet the cost of admilristering the Fund and th'e rate at whichand the manner in which -1k#abae&-g$4. The constitution of -a Board of bustees consisting of nominees of theCentral Government and representatives of employers and employees nominatedby the Central Government in corisultation ,with the representative organisationsconcerned, subject to the aondition that thg number of the representativesof the employees shall not be less than the number of the representative8cf tbe employers; hhe .number of Trustees and the terins and 'condjt@ns underwhich they may be nomin&ted, wd the time, place and procedure of. meetingofthe 'Board.5, he a.ppointm-ent of officers and servants of the Board and the opening ofregional and other offices.6. The manner in which accounts shall be lrept, the investment of moneystelonging to the Fund, the preparation of a budget, the audit of accoullts acdthesubmission of reports to the Central Government... 7. .The cond?tions under which withdran;als from the Fund + may be perrnittedand any deductiorl or forfeiture may be made and the maximum amountof. such deduction or forfeiture.;, - 8. he fixation of the rate of interest Payable to members by the CentralQovernmont in consl~lf;n.t~io~~ with the Board of Trustees:9. ?'lie form in mhicl~ an emplogee shall furnish p'nrticiilars nbollt hirns~!!riiid !;is f:?~?i!y whe.n r.r,quired.10. 11113 no:ninx!i,~l of n person to receive t1-i~ nmour\t standing to t!ic? credit.of n rl-inllber ~ fhr ]?is cleat11 2nd the canc,ell?.i.~ol-i 01." th- ch:~ng~: c ~ f such ;lo~nir?x---6 {.II$;07i. ~1. .C.! 5,. L. 1 ,s .- , - ;-'. .,.' !.,. *; ,/::,'; ,-, .. .- - . I . '/ .. . ;. ,, , >; !;. :'-.,z(,: I, . C . '., . %&/. , .,"-. .

Cod Mines Provident Pun$ and konws Schemes [A& avr OI~. 1948111. The registers and ~emrds to be m~ibained by the emplbgar ad tihe returnsto be furnished by h.12. The form or design of an identity card or a token ar a disa for purposesof identifying any employee and for the issue, custody and wplacement/fhereof.k18. The fees to be levied for any of the purposee epecified in ti& Schedule.14. Any other matter which may be neoessery or proper for the purpee ofimplementing the Coal Mines'Proviqent Wnd Scheme.-..THE SECOND SCEEDULE.; (&e section 5) \a Matters 'to be provided for in ths Coal Mines Bonae ~Bcheme9 -1. The papenti of bonus dependent "o the attendarm of an&mpbyeq A&-ec-1 -2during any period.2. The employees or class of employees who shall be eligibb for the bonusand the conditions of eligibility.3. The rate at whick the bonus ahall be payable h an employee end theananner in which the bonus shall bt, calculated.4. The conditions under which an employee may be d a b 4 from gdhhg,the bonus in whole & m part.5. The rate at which suds shall be set apart by bhe employ~ for payment ofbanus, and the time and manner of euch papent.ti: The registers and &cords to be maintained by ba employer and #e re-?Ilrns to be furnished by him.7. ,by other matter which may be necessary ar proper fot tihe p m oi ,imi>bementing fie Coal Mines Bonus Scheme.

Act No. XLVII of 1948[PASSEDLEQIBLATURE](Received the assent of the GOV~T?&O~ General on the 4th September 1948)An Act to make certain special $ovisions for the institution of suits bydisplaQed personsWBY THE POMINIONHEREAS it is expedient to certain spacid provisions for the institutionof suits by displaceIt is hereby enacted as follows :+1. Short title and extent.-(1) Thit:Act may be called the Displaced Yersone(Institution of Suits) Act, 1948.(2) It extends to J1 the Provinces bf India.2. Duration.-This Act shall remain in force for a period of three years only,~ut upon the expiry of the said periodjsection 6 of the General Clauges Act, 1897(X of 1897) shall apply as if this Act bad been then repealed by a Central Bet.; 3. Se%nition.-In this Act, "diss~aced person" means any person who, onaccount of the setting up of the Domhions of India and Pakistan, or on accountof civil disturbances or fear of such dist.~.urbances in any ares now forming part ,of Pakistan, ha@ been displaced from,: or has left, his place of residence in such'area after the 1st dax of March, 1947, and who has,subsequently been residingin India.4. Institution of suits by ckplaceji persons.-potyit.hstancling anything containedin section 20 of the Code oii Civil Procedure, 1908 (V of 1908) or in anyother law relating to the local limits of the jurisdiction of Costs or in any agreementto the contrary, s displaced persoil may institute a suit u* Court withinthe local limits of whose jurisdiction he ur $he defendant or any of the defendantswhere there a.re more than cine at the time of the aommencement thesuit, actually and. voluntarily resides, or carries on business, or personally worksfor gain, if-(i) the defendant, or where bheie are more then one, each ot the defendants,sc&ually ir~ld voluntari1y:resides or carries on busi?ess, or personei-!y vcrks for in hdis a d is $at a displaced person;(ii) the cause of action, who& or in part, arises or has arisen in a pla&now situate within the territorieg of Pakistan;(iii) the Court in which the &it is instituted is otherwise competenttry it; andi(iv) the suit does not relate to immovable property.5. Validation of certain pending $uits.--~n~ suit instituted by a displacedperson after the 15th day of August, 1p47, which if this Act had come into forceo~.thatd&~ would have been validly -illstituted in pursuance of section 4 shall, ifxyending at the commencement of, this kt, be deemed to have bee11 validly institutedand be disposed of accordingly.. i)7,x171nnatinn.-Fnr t,ho pi~rpnsos ofthis section n ~uit pu~lding nt t8he ourrlnlencerueritof this Act includes a sui4 in respect of which nn appeal lies or ig?ending ab the cornmenccnlant of this: Act.6. Bestaration af certain dismiss& suits.-Where any suit iristituted bylisplaced person after the 15th day of Lkugust, 1947, z~nd hefore the. commence.:nent of this Act, which if this Act had coine into force on that day .would ]laveseen validly institut,ed in pursuance of s$ction 4-, had been disnlissed solely on ths;round that it had not been validiy jiistituted, $he Court! silal!. on spp!iuatiai;Ihade qrithin one n~olit,l~ from tht! co?n~ne~~~emei~t of this hc,t, malie all cJrdersot.t,bg aside t:he decree and sl1n17 pi:obcc,d with the ~uit.17.).&ci (:,r

1. 8bration.of suit where appeal dismissed.-Where, in any appeal arisingfrom a suhinstituted by a displaced person after the 15th day of August, 1947;vlld belore tbg commencement of this Act, a decree had been passed dismissrgirilch appeal so@ly on the ground that . ~ suit e had not been vu11d:y institutedand the institutihp of such suit would have been valid if sectio~i 4 had come intof'oroe on the aforggald day; the Appellate Court shaU, oa application niade to itwithin one~llonth horn the comme~ce~ent of this Act, make an order, settingas'ide its decree and"-remand the suit to the Court of first instance for trial;8. Extension of pe&od of limitation.-~otwithstandi~ anything contained insection 3 of the Indian Lhitation Act, 1908 (IX of 1908), or any special or locdlaw,. any suit instituted i4 pursumce of section 4 of this Act; may be tldmittedafter the period of limitatbn prescribed therefor when the plai-htiff sa,tisfies theCourt that he was unable to institute the suit within such period owing to cause€connected with his being a diiiplaced person.9.'Repeal of Ordinance XI@Z of 1948.-(1) The DisplacGd Persons, (Institutionof Suits) Ordinance, ,1948(XVIII of 1948) is hereby repealed.(2) Notwithstanding such rep&l, any suit instituted or any action taken inexercise of any power conferred by br under the said Ordinance shall be deemed#a have been instituted or taken $I &ercise of the powers conferred by or underbhb Act, as if this Aot had conimenceqon the 2lsb day of July,,1948,

. .Act No. XLVIiI of 1948[PASSED BYTHE DOMINION LEGISLATURE] '1I (R.eceiued the assent of the Govemor 6%nerd on the @h Beptember 19s) . .- .An Act further to amend the Indian Income-tax Act, 1922, and tfleBusiness Profits Tax Act, 1947.WHEREAS'it is expedient further to amend thc Indian h~me-ta~ Xcf,1922 (XI of 1922) and the B,usiness Profits Tax Act, 1947 ( Xn ?f 1947)-,Eor the purposes hereinafter appearing;It is hereby ena,cted as follows:-CHAPTER IPRELIMINARY1. Short title and commencement.-(1) This Ac't ma.y be called the Income-$ax and Business Profits Tax (Amendment) Act, 1948.(2) Sections 3 to 12 shall be deemed to have come b~€o force on the 30%;il$y of March. 1948, and the amendment made in the Indian Income-tax Adi,..$922 (XI of 1922) by section 2 shall be deemed to be operative so afi to applyrelation to aU assessments subsequent $0 the assessment for the year endmg-on the 31st day of March, 1948.Sections 13 to 15 shall be deemed to have come illto force on the day on.which the Busirless Profits Tax Act, 1947, (XXI of 1842) came In'h force.i' CHAPTER I1 ' !AMXNDXENT OF ACT XI OF 19222. Amendment of section 2, Act XI of 1922.- or clause (6) of section 2 04!$he-Inaian Income-tax Act, 1922 (hereinafter in this Chapter referred to as @msaid Act), the follcwing shall be substituted, namely: -'(6) "compmy" means an Indian compa,ny as defined in clause (7A)or. ailyo Indian or non-Indian association, whether incorporated or not, I,euGLal -- noninlwhich the Ce.ntral Board of fievenue may, by. b----"c "I spUVLW. orC1e.r;ideclare to be a company for the purposes .of thls Act.' !3. Amendment of section 4, Act XI of 1922.- Ia Explaization 2 tqsubgeciion(1) of section 4 of the sa.id Act, the words 'fand not being pension payablewithout India" shall be omitted.4. Amendmeat of section 9, Act XI of 1922.-In section 9 of the said Act,after sub-section (3), the foliocvillg' sub-sectior~ shall be a'dded, namely: -.A."(4) For the purposes of this section, the holder of an imparti.bl6estate sh:~ll be deemed to be thc individual owner of all the propertiescom~rised in the estate."5. Amendment of section 12B, .Act XI of 1922.-Tn section 1213 of the said&ct,-(4 i11 tho third proviso to sub-section (2), after the wol*dsf"propertyof the assessee" the words, braclrets and figure "or of the previous ou7nerwhere the cost of the capital asset to tEs pre~ious owner i i,o be .takenin accordance with sub-section (3)" shall be inserted;(b) to sub-section (3) the fdllowiilcg j~ro~iso shall be added, namely :*"~rovided that where the capital asset became the property of @e-------,.ilbbC4acr;-(i) i!.:?f~re Il;c lsi. duy of Xp;.il; l.017, :m:!c.r :+ deed of &,

2 Income-tax and Busi~zess Profits Tax (A7neadm.aht) [ACT XLVDPgift or the date of the partition, as ghe ,case may be, if such vslue is.greater than the actual cost to the previous owner or the fair marketvalue&hereof on the 1st day of January, 1939, where the third proviso*to sub-section (2) applies;(ii) 013 01. after the 1st day of April, 1947, on the partition of 8.Hindu undivided family, the, cost allowable to him shall be the fairmarketva.lue on t,he dat,e of the- partition." '6. Amendment of section 14, Act XI of 1922.-To sub-section (1) of section@ of the said Ac.t, after the vrords ''income of the family" the words "or in thecaseof an impartible estate where such sum has been paid out of the incomeof the holder of the estate belonging to the family" shall be added.7. Insertion of new section in Act XI of 1922.-ilfter section 33A of thasaid Act, the. following section shall be inserted,, namely :-"33B. 1'ou;er of Comnziss.io,l.er to ,revise I~zconze-tux Ofticer's orders.-(1) The Conlmissioner map call for and examine the record of any proceed-.ing under this Act and if he considers that. any order passed therein by theIncome-tax Officer is erroneous in so fa.r as it is prejudicial to the interests.of the revenue, he may, after giving the assessee a.n opportunity of heingheard and after making or causing to be made such enquiry as he deems. necessary, pass such order thereon as the circumsta~nces of the case justify,, including a.3 order enhancing or modifying t,he sssessment, or cance.llhgfhe Rssesslnent and directing a fresb assessment.(2)'No order shall be made under sub-section '(1)-(a) to revise an 'order of re-assessment made under the provisions.of $ec.t.inn 34; or(6) aft.er the expiry of two years from the date of the csdersought to be revised.(3) Any n,ssmF;no nhjonting to nn ordor pnoocd by bhe Conuniseionor.~llddr sub-scotion (1) may appeal to the Appellate Tribunal within 60 Gaysof the date on which the order is communicated to him.(4) An appeal to the Appellate Tribunal under sub-section (3) sha.11 ',be in the prescribed form and shall be verxed in the prescribed manner iand shall hd accomp.anied by a treasury receipt in support of having paid1the fee of Rs. 100, and such appeal shall be dealt within the same ma.naer- \as if it were an appeal under sub-section (I) of section 33."8. Amendment of section 34, Act XI of 1922.-For section 34 of the saicb'&t, the following section sha,ll be substituted, namely :-S t '3-1. 1n.come escaping assessnzent.-(1) If-(a) the Income-tax Officer has reason to believe that by reason of theomission or failure on the pa,rt of an assessee to make a return of his incomeunder sec'tion 22 for any, year-or to disclose^ fully and truly all mderialfacts nece6sa.q for his assessment for that year, income, profits or ainschargeable to income-tax have escaped assessment for that yea,r, or %avebeen under-assessed, or assessed at too low a rate, or have been lnadg.+he s2hjeCt ~f rs!ief nn:!~:. the Act'; or e:icessive loss or depreciation.allo\~i~i~ce has heel1 compi.lted, or(b) not\vitbstanding that there has been no omission or failure asmentioned ill c.lause (a) on part of the asscssee, the Incorne-tax Of@cephas iu co~lsequence of information in his possession reason to believe thn:g---.---- - -.. -I22 -;~lc;unlc;, ~.,~:ullus vr pitifis cila.rgeabie ijo incoine-tax haye escaped nssessmentfor 3115; Sear, or hn~e been under-assessed, 01. asse~scd at too low n r

oz @48] Income-tax and Business ProfiJs Tax (Amendment) 3hc may in cases falling under clause (a)- at any time within ei~l~lyr:~l.$ .and in cases fa1hng under clause (b) at any time within four ~enrs of theend of that year, serve on the assessee, or, if t,he assessee is a rompday,on the priilcjpal officer thereof, a notice containing all or any of the requirementswhici, may be included in a notice under sub-section (2) of section22 and may proceed to assess or reassess such income, profits cr qalas or recomputethe loss or clepreciatioil allowance, and the provisions of tl~~s -4ctshall, so far :la inay be, appl~ accordin& as if the notice were a :-:tic%issued under that sub-sectioni'rovided that(i) the Income-tax Officer shall not issue a notice urritr th~s subsectlon,uilless he has lecordecl hib reasons for doing so ancl the CoinmisslonerIS satisfied 011 such reasons recorded that it is a ht wse fortha issue of such notice:(iz) the tax shall be chargeable at the rate at which it :I ouid hvvebeer1 charged had the income, profitc or gains not escaped .IS:- +sslilel~tior full assessment, as the case may be; and(in) where the assessment made or to be made is ail assesmentmade ur tu Le madt: un a person deelnled to be the agent of :i nonresidentpersoil under section 43, this sub-section shall have effect :ISif for the periods of eight years and four gears a period of one yearwas substituted.Ezp7anation.-Production before the Income-tax Officer of accountbooks or other evidence £ram which material facts could with due d2ipencshave been discovered by the Income-tax Officer will not necessarily :imount. disclosure within the meaning of t,his section.(2) \\'here an assessment is reopened in circumstances r"a1lmg underclause (b) of sub-section (I), the assessee ma-y, if he has not impug~ied allypart of the original assessment order for that pear either under section 30or under section 33A, claim that the proceedings under sub-section (I) ofthis s&i=ii s!;~! be dr~pped or; 5s s?;oc;ing th~t he had beell ;~sse;sedon an amount or to a spm not lower than what he would be rightly liablefor even if the items alleged to have escaped assessment had been taken'into account, or the assessment or computation had been properly made:Provided that in so doing he shall not be entitled to reopen mattersconcluded by an order under section 33B or section 35, or by a decision ofthe High Court or of the Privy Couilcil under section 66 and section GGA.1(3) No order of assessment under section 23 to which clause(c) of sub-section (1) of section 28 applies or of assessment or re-nssessmenfin cases falling within clause (a) of sub-sect810n (1) of this section shall bemade after the expiry of eight years, and no order of assessment or reassessmeAtill any other case shall be made after the expiry of four years,from the end of the Sear in which the income, profits or gains ~~e1.e firs#assessable : 1P~svi4eil that wLele a ~lot;ca ~licIe~ sub-seciio~~ (7j has bsen issue& /withiu the time therein limited, the assessnieut or re-assessment to bemade in pursuance of such notice inay be made before the expiry cf oneyear from the date of the service of the noticc eve11 if such per~od c.xceedethe period of eight yearb or lour Jearb, as [he case Inay be:IJrovidel'i flirther. thatI nothing c,ont,ai~lcd i~: this sl~h-section sh3ll ri~~']Sto a re-assessr~ent inndc llndrr sectioll 27 or in mlrsuance of an ol-d~r 1!nder~ection 31 section 35, section 33A, sectlon 3313 secbion BG o:. k.jctis.:-(;::I.,"IiII

-3 Ltroonze-tax alzd Buoinooo Profits Tax (Ant.en.d,m.sn,t) [ACT I ~ L V ~9. Amendmant of section 46, Act XI of 1922.-After sub-section (5) ofsection 46 of the said Act, the following sub-section shall be inserted,gamely :-"(5A) The Income-tax Officer may at any time or from time to time,bar notice in writing (a copy of which shall be forwarded to the assessee athl~ las; address known to the Income-tax Officer) require any person fromwhoa money is due or miy @come due to the assessee or any person whoholds or may subsequently hold money for or on account of the assessee, topay to the Income-tax Officer, either forthwith upon the money becomingdue or being held or at or within the time specified in the notice (not beingbefoie the money becomes due or is held) so much of the monq :ts issuflicient to pay the amount due by. the tax-payer in respect of arrearsof income-tas and penalty or the whole of the money when it is equal to orless than that amount.'I'he income-tax Oficer may at any time or from time to time amendor revoke ally such notice or extend the time for making any ltayinerit inparsuauce of the notice.Any person making any payment in compliance with a notice underthis sub-section shall be deemed to have made ths payment under th3aut,hority of the assessee and the receipt of the Illcome-tax Oficer shallconstitutc a good alld sufficient discharge of the liability of slich person tathe assessee to the extent of the amount referred to in the receipt.Any person discharging ally liability to the assessee after receipE ofthe notice referred to in this sub-sect;.on shall be personally liable td theIncome-tax Officer to the exterlt of the liability discharged or to the extentof the liability of the assessee for tax and penalties, whichever is less.If the person to whom a notice under this sub-section is sent fails tomake payment in pursuance thereof to the Income-tax Officer, furthei pro-..:e,edinge m.8~ he taken by and before the Collector on the footing that theIncome-t.ax Officer's notice has the same effect as an attachment by theCol!ector in exercise of his powers under the proviso to sub-section (2) ofsection 46.Where a person to whom a notice under this sub-section is sentobjects to it on the ground that the sum demanded or any part thereofis not due to the assessee or that he does not hold any money for or onaccount of the assessee, then, nothing contained in this section shall bedeemed to require such person to pag any such sun1 or part %hereof, asthe cnse mag be, to the Income-tax Officer."10. Omission of section 49, Act XI of 1922.-Section 49 of the said Act shallbe amitted.11. Amendment of section 49X, Act XI of 1922.-In section 49A of thesaid Act,-(a) in sub-section (I),-fi) for ishe niords "on x-hich has been paid" thc words "on whicbhare been paid" shall be substituted;(ii) I-)~t,weei7 the words "under this Act and" and "Dominion;::c3r?!b-tnu ", the n ord "e~t~her" shall be inserted ;(iji) aft.,r tile lyoycls ''l)oi~~inion income-has in o?ie or moye coun-,. cAzc.s:' ,'; Lit. elld, tl1.i jvor$s "ij: T3urma income-tsx" shnll be added;

. ..P .1rr.co~r~e-tax ntid. l3u.jince.s Profits Y'0,z (A~ite~dnte?tt)er sub-section (a), $he following sub-section shall bn ridded!-r tho purposes of this section 'Burma income-tax' means anyor super-tax charged under any law in force in Burma wheref Burma provide for relief in respect of tax charged an income-'C..%.$. both in Burma and in Britigh India which appears to the Central Board ofi?,.*

5%*k[PASSED BY THE DOMINION LEGISLATURE,- @eceived the assent of the Governor General on the 8th September: 1948)I- % -&- An Act further to amend the $axation on Income (Investigation Commission)*-5 ' Act, 1947.WHEREASit is expedient f$rther to a.mend the Teation on Income (IqvestigationCommission) Act, 1947 (XXX of 19471, for the purposebreinaf ter appearing ;It i~ hereby enacted as follows !.*-1. Short title.-This Act may be'balled $he Taxation on Income (Investigatio~Commission) (Second Amendment) kct, 1948. ..2. Amendment of section 5, Act xxx of 1947.-In section 5 of the Taxation oniIncome (Investigation Commission) Act, 1947, for the words and figures "30thday of June, 1948", wherever they okur, the words a.nd figures "1st day ofEeptember, 19.@'? shall be substitute$.3, Pe~ea! of Ordinance XV of 1948.41) The Taxation on Income (Investiga-#ion Commission) (Amendment) Ordina+e, 1948 !(XV of 1.948), is herebyrepealed.cd. .(2) Notwithstanding such repea.l, an&hhi done or any aetion taken in !exercise of any power conferred by or andex the.said Ordinance shall be deemedil&, have been done or taken in exercise of %e powers conferred by or under this'Aoti, as if this Act had commenced on th(i 30th day of June, 1948... > .. . -? !. ,Pries nvrr;:j. ot I.fli.,.- *

.kt No. L oi I948\[Pnssm BY THE DOMIKIOS LEGISLATURE](Received the assent of '&e Governor General on the 8i1t September 194s)An Act further t ~, amend the Cantonments Act, 1924.wHEiiEAS it is expedient 'hrther to amend the Cantoiiments Act, 1924(I1 of 19241, for the purposes hereinafter appearing;It is heretly enacted as follo~~s~~1. Short title.-This Act may be >ailed the Cantonnlents (Amendment) Act,,1948.2. Amendment of Sections 12 and 280';\~ct I1 of 1924.-In section 12 and iuclause (cc) of sub-section', (2) of section %SO of the Cantonillents Act, 1924.(hereinafter referred to as the said Act), f8;1' the \vords "Servics of ExecutiveOfficers", the words "Milita.ry Lands and \,Cant~r~ments Service" shall besubstituted.'.3. Amendment of section 276, Act If of 19$$.-In sect.ion 2'76 of the saidAct, the words, letter, brackets and figures "claukg (a) of section 13'7" shall beomitted.-+

Y ------Act No. LI of 1948[PASSED BY THE DOMINION LEOIBLATORE](Reoeived the assent of the Governor General on the 8th September 19@),An Act to change the name of the Tmperial Library.W HEREAB it is expedient to changethe name of the Imperial Library I;It is hereby enacted as follows :-I. Short title.-This Aot ma~y be called the Imperial Liiirary (Change ofName) Act, 1948.2. Imperial Library to be known as cc National Library " .-On ar,d afterthe commencement of this Act, the Imperial Library shall be known as " theNationdLibrary ", and any reference to the Imperial Library in any law for thetime being in force or ir any indentare, instrument or other document shall bconstrued as a reference to the National Library,

[PASSED BY THE DOBIINIOS LEQ~SLATURE](Keceivetl tl~e assel~t of iile Gover~zo~ Gelze~ul on tlze 8th Sdpieiaber 1049)An Act to amend the Bombay public Security Measures Act, 1947, as extendedto the Province of Delhi.WHLi'l-:EAS it is expedient to alnencl the Bombay Public Security MeaeuresAct, 1947 (Bombay Act VI of 1947), as extended to the Province.of Delhi, for the purposes hereinafter appea.ring;Lt is hereby ena,cted as follows: -1. Short title and extent.--(1) This Act Iuay he callod the J

54,a.__X ^ __-4 CDd*ve4,m--flACT ____--197~ ___--__No. LllI ,i1f(Received the assetbt of the Governor General on the 8th Beptember 1948)An Act to praoide far the regulation of mines and oilfield$ and for the devwmat ot mineraleHEREAS it is expedient in the public interest to provide for the regu-W lation of mines and oilfields and for the bvelopmeni of minerals toextent hereinafter specified;It is hereby enacted ~b6 follows :-1. Short We, extent imd commencement. ay be mlled theMines and Minerals (Regulafion and Develop4~2) It extends to 4 &he of 1n-~MH, ,n e n r ; f i may, bynotificat.ion in the official Gazette, appoint in this behalf.2. Declaration as to expediency of control by Oen$a Govemment;.-~$ iehereby declared that it is expedient in the public interest that the LkntrdOovenlme~t should t&e under its control the regulation of mims and oilfields'and the development of minerals b the -e&ent hereinafter provided.3. Definitions.-In this Act, unle~ there is anything repufpent in thesubject or n,ontext,--(aj the expressions "lessor" a d "lessee" re~ectivrly include a licensorand licensee ;(b) "mine'! means any excavation for the purpose of searching forobtaininp minerals and includes an oil-well; -(o) "minerals" include natural gas and petroleum;(d) "mining lease". means a lease granted for the purpose of searchingfor, winning, working, getting, making merchantable, carrying away ordisposing of minerals or for purposes connected therewith, and includes anexploring or a prospecting license;(e) "oilfield" means any &rea where any operation for the purpose otobtaining natural gas_and petroleum, crude oil, refined oil, pa,rtially refinedoil and any of the products of petroleum in a liquid or solid state, is t& b9,or is being carried on.4. No mining lease to bz valid unless it is in accordance with Bhla Act.---(1)No mining lease shall be granted after the commencement of this Act otherwisethan in accordance with the rules made under this Act.(2) +4ny mining lea.se granted c0ntral.y to the provisions of sub-section (1)shall be vciri and of no effect.5, Power to make rules as reayect.~ mbing leases.-(l) The Central Govern-Gent may, by 12otification iq the officia! G:izett,c, lllakf rules -for regulati-.:g thegpnt of mining leases or for pr~hibit~ing the grant of ~uch leases in respdct, of, 'a.n> &nera-l or in any :flea.(2) In pzr?ic::!cr, n!:? \,i'iQ,crut. prej1~dic.c. to ?io generality of the foregoiili'1 ~ ~ ~ "?I - ~ 1-~1!e~1ia"$~ . ? p'im-ide f ~ 211 r or ally of the iol!n~~:i!~g !!:::!!crs, 11:1nlc]y:. .(o) ihc rilanne? in xhich; tllc nine;::!^ or a?cn.s ill respect i;i v:i!i:!: fi!;fit.lls pcrsol!s 1-ls- n;iio?.l-L, ;!;lp!ir.fition~ for i!il!~l!i;. lcnscs r-nciy 5,~ :!!?:?::fees +,a kt?' ,>%id c;ji iiz~: sr~cjl ~?>pli:!:lt,i

fFIiPF2 Mines and Minerals (Regulation and DaveEodm~tz#] [ACT 1,111(b) the authority by which, the terms on which, and the conditior~sSI&JW~ to which, mining leases m a be granted;(c) the maximum or minimum area and the period for which any mininglease may be grznbed, and the terms on which leases in respect of ooniiroousareas may be amalgamated;(d) the fixing of the ma.ximum and minirnum rent payablc by a lessee,whether the mine is worked or not.6. Power to make rules as respects mineral development.-(I) The CentralGovernment may, by notification in t?le official Gazette, make rules for th9conservztio~l and de~eloprnent of minerals.-8 '+- '(8) In-pn~kiau)m,, and witlhol+t prepdice to the generality of the foregoinpmww- surh rules may provide for all or any of t.he following matteys, namely :-tsj the regillation or prohihition of the mining, quarrying or digging for0:. the excavcting or collecting oftminerals irom any mine or in all? area;(5) the manner in which and the persons by whom any minnral or anyar_ea as respects which the grant of mining ieases is prohibited may bedeveloped or worked ;to) the development of any mineral resources in any area by prescribingor regulating the use of any engines, machiaerj~ or other equipment;(d) the regulation of the drilling, redrilliug, deepening, shutting down,[plugging and abandoning of oilwells in an oilfield and for the limitation orCb prohibition of such operations and for the taking of remedial measures toprevent waste of or damage to oil:Fbe) the re~ulation of the methods of producing oil in any oilfield, andthe limitation or prohibition of such methods;(f) the compulsory notification of a11 new borings and shaft sinkinge,and the preservation of boring records and s~ecimens of cores of all newbore-holes ;(g) the taking of samples from milies and new bore-ho!es;(h) the regulation of the arrangements for the storage of minerals and;he stoc~s thereof that may be kept by any person;(i) the levy and collection of royalties, fees or taxes in respect ofminerals mined, quarried, excavated or collected;(j) the submission by the owners or lessees of mines of special orperiodical returns aud reports, and the forms in which and the authoritiesto whoin such returns and reports shall be submitted.'7. Bower to make rules for modification of existing le~ses.-(1) The Central'Government may, by notification in the official Gazette, make rules for thepurpoBe of modifying or aitering the terms anti conditions of any mining ierswgranted prior to the commencement of this Act so as to bring such lease intoconformity with the rules made under sections 5 and 6:Provided that SLL~ rules su made which provide for the matters mentioned inclausa (c) of sub-sect3ion (2) shall not come into force until they have been~-~'i~~J-~,~i*I4-1-1~1*0apJplOrcd, cifF-.? ~ ~ith or n~ithout mq.',ific? tions, 1,osc c a. P+-ee/(9) 'it1?c rule: made uucler ~ub-sectiorl (1) +hnll ~ S G V ~ ~ F --4'

OF 19481 Minee and Minerah (Regulation and Development) 3,(b) for the payment of compensati& by the party who would be benefitedby the proposed modification or alteration to the party whose rightsunder the existing lease would thereby be adversely affected; and(c) for the principles on which, the manner in which and the authorityby which the said compensation shall be determined,8. Delegation.-The Central Government may, by notification in the ofic,ialGazette, direct that any power exercisable under this Act shall be exercised,subject to such conditions, if any, as may be specified therein by such oficeror authoritj as may be specified In the direction.9. Penalties.-(1) Any rule made under any of the provisions of this Actmag provide that any contravention thereof shall be puilishable with iniprisonmentwhich may extend to six months or with fine which may extend to oaethousand rupees or with both.(2) Whoever, after having been convicted of any offence referred to in subsection(I), continues to commit such offence shall be punishable for each dayafter tht: date of the first convictioll during which he conticues so lo olleud, wiLhfine .which may extend to one hundred rupees.10. Rules to be laid before the Legislature.-All rules made under any ofthe provisions of this Act shall be laid beforeas soon a8ma;y be after they are made.11. Power of infq8ction.-(1) For the purpose of ascertaining the position ofthe working, actual or prospective, of any mine or abandoned mine or for anyother purpose mentioned in this Act or the rules made thereunder, ally oficerauthorised by the Central Government in this behalf shall have the right to-(a) enter and inspect any mine;(b) order the production of any document, book, register or record in.the pofsession or power of any person having the control of or connected.with, sn_y mine;(o) examine any person hving the control of, or connected with, an?mine.(2) Any officer authorised by the Central Government under sub-section (1).shall be deemed to be a public servant within the meaning of section 21 of theIndian Penal Code (XLV of 1860).12. Relazation of rules in special c~s.-The Central Government may, if"satisfied that it is in the public iqterest so to do, authorise in .any oase thegranting of any mining lease or the working of any mine on terms and condi-'tions different from those laid down in the rules made under sections 5 and ti.II.-14. Protection of action ta,ken In good faith.-No suit, l~rosccuti&~ or otherlegal proceeding whatever shall lie against any person for anyt8hing which is ingood faith done or intended to be done under this Act.

MINJSTRY OF LAW*THE ELECTRICITY (SUPPLY)ACT, 1948Price Anna,!. ba--

THE ELECTRIC (SUPPLY) ACT, 1948.CONTENTS .CHAPTER IIntroauct orybeetiom1. Short title, extent and commencement.2. Interpretation.The Central Electricity Authority3. Constitution of the Central Electricity Authority.4. Power to require accounts, statistics and returns.CHAPTJ~ mEleckricity Boardseement to ext.Electricity Boards.'s jurisdiction to another province*9. Membera not to hold interest in certain concerns.10. Removal or suspension of members.11. Temporary absence of members.12. Incorpo&ion of Board.13. Authentication bf orders and other instruments of the Board.ectricity COW-oil.vi60ry Committee.Electricity BoardsGeneral duties of the Board.Powera of the Board to supply electricity.Power to Board to engage in certain undertakings.Powers of Board in relation to water power.Power to Board to conduct investigations.Loans by Board to licensees.Power to Board to contribate to certain associations.Consult.ing engineers. 4Bwrd to hnvo powers nncl obligations of licensae under Act Ili of -19:~-Other functions of the Board.cCHAPTER V -L The Board':; Works and Trading Procednre. .;: .-,*:. ..,.::.i:; -.-. li3d sanctioi~iltg 0:' scl~emsa..J I!, Xr:t tl:;t\ $0 be consid~>r;?cl by t,h5 iiut.1101 i ty.3 1. lti-corn:-nc.fidntions of tho rlutlwrity.32, C>arr:;il>:: ollt of' schemes. .-A*.> 7E-,e7.33. I'owe! to filter or estend scllemes.

;ACT LIV Electricity (19uppL~)Controll& Btatione.Supply by the Board to lioenaees owning generating stations.Power to Eoerd to aloee down generating stations.Purchaasr of eenerating &tions or undertakings or main transmission lines by theBoard.Promaion of new gonoi*ctting stations.Operation of BoEd's generating stdtisna.Pra vision re~adigoonnectiona with main trmsmksion lines purchased by bhe Board.-Use bv Rard of transmission linea.Pcwere to Board for plaoing wires, poles, etc.Power to Boerd to enter into arrangements for purchase or sale of elnctrioity underaartain aondltrons.Restriction on establishment of new generating stations or major additions orreplacement of plant in generating stations.Fower to Board to enter upon and shut dnwn generating stations in certain oircum-.s tances.The Grid Tariff.Power to Board to flake alternative arrangements with licensees.Power to licensee to carry out arrangements under this Aot.Provision for the wle of eleotrioity by the Board to persons other than licenmqs.Board not to supply eleotricity in certain oircumstances.Provisional payments.Lower limit of power factor in supply by Board.Proviaion of acoommodation and right of way.Power to Board to conneot meters, etc., to apparatus of licensees.-Lioensees to comply with Board's direotions.Leases of generating stations.~icensees' ohargm to consumers.Power to direct amortisation and tariffs policies of licensees being; oual authoriti@.CHAPTER VIThe Board's Finance, Accounts and AuditGenerai principles for Board's fianceBoard to assume obligations of &-Cover-en~whioh this Act applies.Annual financial statement.Restriction on unbudgeted expenditure. ,Subventions to the Board.~0anF3 to the ~oa1d.'Power of Board to borrow.Guarantee of lotbns.Priority of liabilities of the Board..~epreciation reserve.Accounts and andit.CHAPTER 'VIIin mspeot of matterato70. Effect of' other laws.71. EtigllLr~ n.nd options to purcha.se under Be.% Ix Of 1910 ~99t in J303ri.72. Water-power concessio:~s to be granted only to the Board.73. Cn-orcli~lation hotnecll the Uoard's sohomes and multi-purporsl: schenov.74. PO;~J~ZS OF 0iitrj7.75.. hln~u.;~l r-eport~, si,.zt,istios rtl~cl 'imtnrns:

Electricity (Stcpply)Arbitration.Penalties and procedure.Power to make rules.Power to make regulations.Provision relsting to income-tax and super-tax.Members, officers and servants of the Board to be public servfintf.Protection to persons acting under this~Act.Saving of application o f Act.T-HE BCHEDULES

Act No. LIV[PASSED BY THE L)O~\IISION LBGISLATURB]An ' ~cl lo provide for the rationalisation of the production and supply ofelectricity, and generally for taking measures conducive t&j electricaldevelopment -3WHEHEAS it is expedient to provide for the ratioil;disttt.i611 of tilt: productionant1 supply of electricity, for taki~~o. nleasures col~rluci~t. t o z ~electrical d e v e l o p r n e n l b ~11d ~ for all matters incidentalthereto ;It is hereby enacted as follows:-CHAPTER IIntroductoryI. Short title, extent 2nd commei~cement.-(1) This Act may be called the;Electricity (Supply) Act, 1948.(2) It extends to &the a of ~ n d i a w(3) This section and sections 3. 4. 57. 58 4 ~7'76 and the Sixth~chei*~le and the 'Table appended to the .~ev&t.h Sonedule of this Ac.t shall,.. come into force at once.(4) The remainon such dat,e, notsections, PcheduleGovernineilt rna-y, bProvided that thethe said period of twAct shall come intoextended period, aofficial Gazette, appoint.2. btarpretation.-in t1his Act, unless there is anything rel2ugnent ill the(1)" Autlloi.it;c" nlealls the (:t,lltral Electricity huthorit~ constituted 11nderse8tion 3; 1(2) "Board" means a .&%!$&Electricity Board constituted undsr section5, i!(,;3) "bulk-l~censee" means a licensee who is authorised by his licence %osupply electricity to other licensees for distribution by t,hem; 1., /(4) "controlled station" rneans a generating station designated in a schemaIsd.~ictio~xecl under Cli:~l>t.e~. V as :I co~ltrollecl st.ation;(5) "generating station" or "statioll" means any statioli for generatingelectricity, including a.ny building and plant. used for that purpose and the sitethereof, M site intended to be used for a generating station, and Rny buildings !uaed for housing the operating staff of a generating station, and where electricity 1is generatecl by water-power, includes penstoclis, head anil tail u~orlrs, , illail1ant1 regulatillg reservoirs, d:l:i~s ilnd c)l!~cr I~,vtlri!~:!it: :\.orl;-: I \ I I I (10~s tior, ill ;l.r~,ycase include anv sul)-ctabion for t,ransfol.ming, cunrwrtil~g or dist;.lbul;ingelectricity ;(6) "licensee" nlenns n person licensed undei. .Part I1 of tvhe Indian E!e&icityact, 1910 (IS of 1910) to supply energy or a person who 11:ts ohtnincd sanctiollunder sectiou 28 of tllat Act .to ~11.g.ags in the business of supplyi~l~ energy but,the provisions of sectaion 26 of this ACL notn~ithstandiug, does noti include the1 I

I-.2 Electricity (Supply) . [ACT LIV(7') "main tra~lsi~iission lines" means all high plesssre cables aid overhead1ille.s (not beii~g all essential part c;f the distribution system of a licensee) trgnsnLitt,ingelectricity from a yenerating station to another generating station or tca. sub-station, together with any step-up and step-down translur.mers, switchgearand other works necessary to and used for the control of such cables oroverhead lines, and such buildings or part thereof as may be required to accommodatesuch c.ransforn~ers, switch-gear and other works and the operating stallthereof;(8) "ma?rirnum demand" means, in respect of any period, twice the largestnhber of kilowatt-hours supplied and taken during any consecutive thirtyminutes (calcu!a,teJ from either t;he corrlrnellceirlent gr the r~liddle of an ho-a)ein the period;(9) "prescrited" means prescribed hy rules made ilnder section '78;(10) "regul.~tions" means regulations made by the Board under section 79,(1f) "Reserrc Uank' ' means the Reserve Bank of India;. . (12) "transmission limes" means all worlis mentioned in sub-section (7) used' . wholLy or partially for the purposes of distribution;(13) "year" means, in relation to the Board, the yeas co&mencing OD the1st day of April;(14) "year of account" means, b relation to a licensee, his financial year;(15) other expresaions,have the meanings respectively assigned to them m; the Indian Electricity Act, 1910.IE. r 'f CHAPTEB IT* :: ! '-- The Central Electricity AuthorityE -8. Constitution of the Central Electricity Authority.-(1) The CentralGovernment shall consbitute a body called the Central Electricity Authoritygenerally to exercise such functions and perform such duties under the Actt.I-. and iu such manner as the Central Government may prescribe or direct, and in.. ptlrticular to-C(i) develop a sound, adequate- and ullilorm national pornel. policy,and particularly to co-odinate the activities of the planningagencies in relation to the control and utilisatioil of national powerresources ;Y-2(ii) act hs arbitrators in plattersarising between t h $ a Governmentor the Board and a. liceiieee or other person as provided inthis Act;,...,(:11j ctirry out iilvestiga,tions aid to collec and record the data conceruingthe generation, distributioll an 8 utilisation of power and the

. - 417 19481- . . El.ect.,icity (Supply)+x.(6) The Authority may appoint a Secretary and such other officers andgervants as it considers necessary for the performance of its functions underthis Act on such terms as to sala,ry, remuneration, fee, allowa,uce, pension,le.~ve am1 gratuity, a.s the Authority wag, inU overnment, iix :consultatioll with the CentralPro~~ided that the appointment of the Secretary shall be subject to thr!approval of the Central Government.(7) The Authority may act by two of its members in all matters.4. Pmer to. .require.accounts, statistics and . returns.-It . shall be the dutyof each Electricity Board, Gover-nt EleotricityDepa,rtll:ent or othel licensee or person supplying electricity for public or .private purposes, or generating electricity for its or his own use, to furnish to$he Authority su6h ,accounts, statistics and returns relating to the generation,supply and use of electricity as it may require and at such times and in suchfor111 ii[~(! irienner as it may direct.CEAPTEB IIId. .Electricity Boards5..Constitution.and composition of # Electricity Boards.~ ~ o v e r n m e n ~ as asoon l l as may be Bfter the issue of theunder sub-section (4) of section 1, constitute by notification in the 06a kwuacmd ,: . Electricity ~oard' under sucit name as sh~~11 be specified in the..~lotifi.ciztion.(2) The Board shall consist of not less tha,n three and not more than 1sevenmembers appointed by the kwitwkd Government..* X P $(4) Of the members, one shzll be a person of proved administrative ebilityand commeraial experience; one saall be an, electrical engineer with wideexperience; and one ahall be an accountant with experience of the electricity: supply industry or other public utility.(5) One of the members possessing any ;of the qualifications ~pecifie~ in(3) 1111 agree~lletlt under this sect,ion may-(2) malie s;:~!: 51:x:ia! nrr;:ngc~??cntc het-rCa: i~-l::ici~~ni;il~~q . r., +tip+!ic

4 Rlectt.ic~ty (,Supplilj [ACT .,I\.(b) provide for consultation between the pa.rticipatingGovernmentseither generally or n-it11 reference to particular rrlatt,ers arising under thisAct;(c) generally malie sucll incitlental, silpplel-neiitary or ancillary provisions,not inconsistent with this Act, as niay be deemed necessary of expedien~ forgiving effect to the agreerrieiit.7. Effect of inter here an ngreemei.~t is entered istounder section 6, theovernments shall, by notification.i11 the oiiicinl Ga~ettes, dzclaro a date on whicl! thc agreement shall come intoandon and after that date-the Ijoarcl. coilstitut&d for !.he oa-\&+ee sha.11 havc all tl~e powers an&s of a Board uildel. this Ad ill respect of bothas if they conslisuteda-;{c) the provisions oLss-~tion 60 in relation to the assumption by the Board otof the hemnea4 Governinent arising before the first,by €he Board of theto ~vhich the eseFclisc.df its functions under this Act is esteiided under the agreement, ns if in thatscctioii for the words "before the first constitution of the Board" there weresbst.it,ut,ed the \vords and fig!il,e "hefore the ilate on wl~icli the a,greernent undersection6 came into force".9. Members not to hold interest in certain concerns.-.-(I). A member of thek y ~ -- o- a r shall. d orior to his aopointruent. give to the &ewaad Government inti-~mation of, RnLd shall, befcriLtaking chkrge of his office, sell or divest himself of,~~llp interest which he ma.y have for his'own benefit whether in his own nametarotherwise, in any firm or company carrying on tte business of supp1y:ng+bhlecctricity or any fuel for the generation of electricity, 01- of .the ~panufact~we,sale or hire of machinery, plant, equipm.e.nt, appa.i*atus or tittings fop the generation,transmission, di~t~ribution or use of electricity, or any interest in the.ma.naging agent) or shares or t.ecurit.ies of ~1.11y such compnny; and iG shall not,be laniful for a inember of the Boa&, so long as he holds office, to acquire orpurchxseany such interest in any such firm or cclupany a~icl if he, uuder anymill or by succession or gift becomes entitleel for his own benefit to any suchinterest, he shall sell the same within three months after becoining so entitledthereto; and he shall also, \~~itliin tlilsee moilths, sever any connectioi~ he ;nag. have and cease to have any interest, direct or indirect, in any such concern....(2) Nothing contained in sub-se.ct,ion (!I shall prevellt a meml~er fvolnacquiring or lloldillg any clln~tc or interest. in any firm ov colnpany ctl~er, thar,;a firm or company meat,ionccl in sub-scction (1):Prouide,i! tl~nt if t71ic Roar(]. llns er!ierecl illto. or is al,o~lto e~ltc.,~. iuto anycuntract ox ;1~~1,1i6ino~!f \\:it11 any suoll Srm or ooinpaily ill ~vl~icli :I meimbe:1. S.LL~S. Ly irct 5s [//4:i.i.fL S.c+.l,~ . 4~~ A .o' \sS'O.L-.. .. .

~-Ii/Pr:tricittl (Supply)holds ally s1lai:t. or lit ere st., he shall :lis-losc the fact and nature of such interestand, he shall not be entitle11 to vote 011 auy declsion of the Board relatlng tosilCli u01ltt'~lct or ilgleelnellt.(a! i% aisclosure referred to ill the proviso to sub.sectioli (2) shall fortllwitnbe recorderi in thc: liiillul,es of the Eoard nilc~co~ni~lui~icated to thetio~e~lrnei~t ancl tlie &w&c,~rilmei~t m : 1 ~ 1 - e ~ ~ o ~ T u ~ b ~ i e c t ~ o n sas it 1qay deem proper.-. --.10. Bemova,l or suspension of members.-'The M o v e r n m e n t maysuspend from oficc for sucli period as it thinks fit or remove from office anymember ~f the I3oarcl wllo-(a) is found to be a lu~lntic or becornes of i~~lsourld mind; or(b) is actjudged iusol~ ent; 0:. 9(8) fails to compl\ \\-ith the provisions of scct~on 9; or flumemt>(dl becomes or-stelks to become a member of +kt&&&& or anv\ ,Legisli~t~~re or ;in5 loct-rl i~utl~orit,y;w- - .- ~ .(6) ill t;he opi~lioil ol tlie ~twvir&over116~ent has failed or is unable.-to carry out his duties so as to render his suspension or remova! ~ fthe i case nlayhe, i1ece:js:li.y. i;!.f) is conv~cted ot a:) c,Keace involving rnoral turpitude. 111. Temporary absence of members.-If the Chairniari or any other mernJIJ~!. i-t t!;p !{ci:l!.ti is i!? .n!-irnlity or otl~crwrsz reiltiered teliiporarily iucap:lt>leof carr~ii~g or~t his duties or is absent oil leaye or othei-wise i!~nc@_cu-mssa~~c~n.ot inr:olving the vacatioli of his appoint.n~ent., the Prw=m&&~ove17mlent nlagappoint another persclii to otiic~ate for hiin and carry out his tunctlons uncle?thin Act, or :my rule 01. regulation made thereunder.12. Incorporation of Board.-Thr Uoarcl shall bc a body corporat~ b~- therla~iie natlfiecl under sub-section (1) of scction 6, having perpetual euccessionand :I coil~ll~u~) seal, wit11 poncr to aquire a~ld hold properly both nluvshleLLI $ i~l~rnovabla, and shall by t,hc said riame sue and be sued.13. Autheatication of orders and other instruments of the Board.-AllIorders and clecisia!is of t.he Uo:l.rd shell be authenticated by the signature of.the 0lia:rlrran cr ~,IIJ- ootlier n-iember aut,horised by the Uoard in this behalf,and all other instrulllenLs issued by t.he Bonrcl shall be authenticated by tl~esigilattirc of such rnember 01. officer of t.hr Roai-cl RS 1x18,~' 51 like manner be.!outhorisetl ill this behn!f.14. Meetings of the Board.-(1) The Board shall hold ordinary meetings a*.~1:i:h intervnlu a:: rnay be provitied ill the regulations; and a meeting may beconvened by the (.'.h~irrncn nt a!ly other time for the transaction of l~rgent..busilless.(2) The ~~umbei. of ~~lelnbers ilecessnry io constitute a quorum at a meetingshall be s1.1c1:IS 11:s~ be I,:,nrided ill t,be regul:~tiorr~.15. Appointment or sta.ff.-'1'11~ T3on1,tl ulny npl>oilit a Scc~:ctnr;y and suchot,hcr ofhcers ant1 rervc~nis as 111ny ha requirod to ennble th(: Hoard to carry outits funct,ious under this Act.-wllici: ~e(:tious (j i111clstit~~ti: !:licl~ one ornl-ens : ~ s tl~ey inay I,)>- a'greelrrc~lt. cletei~miils.-~- .. ---- ~- .-.. . ~.--('I.\ \-I l'he lkkd Eledricity Coullcil shall consist of the n-~smbcrs of theRo;~.rr! i111:l SIICII ntlier persons l.?eing not ltisn t,han sc!\.c.n and not rnoxC; ; :, t 1, t$3v;,~~~/(;r,C-1.1~t;;~-~~;1.1.1.tt1:C,c,p I ' & - f ~ \ T < ~ ~ ~ ~ 5 - - ~ ~ ~ ~ ~ e B B

ni after consultation with such representatives or bodies representasts'asthe-wwin&&~ovenunent or 6x6 &emwadhi&s or think fit, that is to say, local self-government,eleclriaity supply indnatlry, commerce, indust

(b) to supply eleclricity tzo o\)ruers of uontrollzd stations and to licenseeswhose stztions are closed down tlncler this Act;(cj to supply electricity as so011 as practicable to any othez licensees or personsrequiring such supply all& whoill 1111. 13ua,rd may I J coillpetel~t ~ under LLs Act 80LO ~i:l!pig19. Powers of the Board to supply electricity.-(1) The Board may, subjectto the provisions of this Act, supply electricity tfi ally licensee or person requiringsuch supply in any area in which a ssheme sanctioned under Chapter V is iniorct:l'r~~idsd tllut the Bai~rd shall ~iot-(aj supply elect

8 Electricity iSrcpl~ly) ~ACI' IJ~V(2) The, Board limy nlaintain shops artd showroo~iis for the display, sale ornire of fittings, wires, apparatos and ~r~achinery as aforesaid, conduct displays,exhibitions and demonstration; thereof, and generally do all things, includu~gadvertising, incidental to the sale and hire of such fittings, wirgs, appnrnti~s nndul:\chifiery and to the promotion and encouragement; of the use of electriciby.(3) 'fhc l3ot1ril shall sl-low separately ill its accouiits moneys received andcspeitclec( by it in ccjnnectioll with an\- ~~udertnlrings~vl~ich it cngc\ye-; uiidel.t his section.21. Powers of Board in relation to water-power.-The Board may, with the. .revioua approval oft,heGovernment, take such measures as in the{%n&n of the Board *d to advailee the development of water-power, and mciy organise and carry out power and hydrometric surveyto be made such ma,ps, plans, sections and kst,imates as areilcc.e.qsar>- for any of the said llurposesIPyvided that wheue any rrlcli ilieasures relHte Lo a source of water-poweiulreilcly operated upon by a licensee unaer a licence, the Board shai! glvt: thelicensee notice of such irieasure and an opportunity to be heard on any repesent,at,iollshe, il~ay desire to . 1tit11;e iil {;hat behalf and mity consider suchrepr~s~ntation.I ,22. Pmer to Board to co~tduct investigations.---.Subject so far as +he provi-B1Oll.j 01 this sectiol: relnle to \\.ah-power to the previous approvai of the. _ Governrr115~1i, tlie .Bo:~rd inay at its own expense conduct such ii~vesti,gations! experiments ailti tri;lls ns it thinks :fit for the iinprovemeilt of the inethodsaf trailwnis~isn, disLrit)~~liori :.il~cl supply of electricity or of the utilisatiou of fuel,water-power or other ~nc:~i~s of generat,illg electricity, and may establish andmaintaiil 1a.borat.01-ies for the testing :!nd stai~dnrrlisation of elcctrica,l instrumentsand eqr~iprnent.23. Loans by Board to licensees.-(1) Subject to ;ill>- regulatio~~s made inthis behalf, the Board may grant 1oa.n~ or advances to anv licensee for thepurposes of his uildertalring on such terms as the Board thinks proper.-,,8) Tile Eoarci ill the discharge of its fuiict+i~s ina,y call 11!~011 n lieellsee toexpand his undertaking and offer to advance to him a loan on such terms andcoilditions as it may deem proper for such expansion. a.nd if the licensee refuses,: . fails or neglects to accept the lotun from the Board 011 the ten:ns and conditionsoffered or to raise a loan from other sources or to ernploy his own funds ontGnns similar to the terms offered by the Board *for purposes of such expansiou~nc1 to carry out such expansion, the Bowrd mag, after giving the licensee sixmo~?ths' notice in writing, purchase his undertaking.24. Power to Board to contribute to certain associations.--The Board ina;y,subjecl, Lo :my regulatl011~ made iu this behalf,(I) pay such subscriptiolls as it thi~llis fit to anjr association for the promotion.of the coiiiinoi~ interests of persolls ellgaged in the genera:kiol~, distribution a.ndsup~ly of electricity and the nie~nbers of whicll colisist mainly of sufih persoils;(2) contribute such RIII~S :is it tl-~i111is fit to the funtls of n.ny reccgl~ised societythe object of arhich is to foster tl~c dc,velol)~i~ent and use of ~lr.~t,ric.itv o~ promo-Gioii of hnon:letlge n11c1 ~esearclin resl~ect of eleotricitjr or electrical appli?ncea.25, Consulting engineers.-The Board inay, subject to such conditions asi?laj- be I~rr-:scribc:l, frt,ln iimc to tirr:.e ill~poillt q~l;~lificd pei.soils to be co?~sulti~igc~~~ri.ii~et.l,s to thi: Bonrtl nncl l,ny then-1 such rcrnlll~c.~.iitiol~ as it thinlis proper., 1.zd,~.~yfi.@./4sD.?.

a~ 19481 I;,'loct~icit?~ (Nlcl~ply) 9 j4 1~~J 26. Board to have powers and obligations of licensee under Act IX of 1910.- iRubject to the provisions of this Act, the Board shall, in respect of the whole\ ihave al! the powers and ohligatiot~s of n licer?see under the Indian !Rli.ct~,icity >lot. 1910 (I): of IOlOj, :ind this Act shiill hv deemed to be theilicence of the Board for the purposes of that Act:T'rovideJ that nothing ill sectione 3 tof11, sub-sections (2) and (3) of section21 and sections 22, 23 and 27 of that Act or in Clauses I to XI1 of the Schedule1to that Act relating to the duties and obligat.ions of a licensee shall apply to thaBoard.I27. .Other functions of the Board.-The Board shall have such further powers 1and duties as are provided in this Act.OHAPTER VThe Board's Works and Trading Procedure28. Preparation of schemes.--With a view to ratiorialising the production andsupply of electricity in :in- area the I3oard may froin time to time prepare ascheme, not ii~coilsistent with this Act, for that area, in which provisioi~ mag bemade for all or any of the follon~hg matters. namely :-(a) the estahlishrnent of the Board's own generating stalions;(b) the designation of generating stations, whether c\xistilig statioils or llevstations, as coqtrolled stations at which electricity shall be generated for thepurposes of the Board;c(c) the intercoi~i~ection, by means of ]]lain trai~sn~ission Iines to be constructe~or acquired by the Board, of any generating stations with any others and withany systems uf licensees;(d) where a scherne relates to a specified area, the interconnectiou of thtsystem of the Board in that area with the syste~~r of the Road in any otherarea with respect to which a scheme is in being or may subsequent!^ be made:*. (e) the oo~lsti:uction or acquisit.ioii of sucl.~ othci. 1.11nin transmissio~~ linesas the schemz may require;(f) the use by the Board of any transrllission lines or ma-in transmission linesof ail! licensee ;(g) such supple~liental, incidental and conseque~~tial provisions ad may appearnecessary or expedient for ally of the purposes aforesaid:P~aovided that. a scheme sllall ]!of. n-ithout the consent of the owner.-(i; desig~ate as a controlled station any generating station belonging to aperso;- ather than a licensee;(ii) authorise the use or acquisition of EI tra~~sn~ission line or a main transmission line belonging to a person other than a licensee.29. Publication and sanctioning of s0hemes.-(1) The Board shall cause eveqschclr~e prepared under section 28 to be ~~~iblishcd in the official Gazetic. andin such local nen7spapers as it may consider necessnro, and shall give pubhcuotice of the date, not being less than two months after the date of the notice, by~1hic11 lieellsees and other 1)erscns interested nlay innlrs represo~ltations thereonand x~-hcn publisliiny such n scheme the Boorci shall show estiinntqs of thecapital expenditure involved and of the initial and ultimate revenues anticipatedfrom the sale of energy, meter rentals and other services.(2) The Board. aft,er conside~inn anv SIIC~ reprcsentatjons and aftpr makingsuch inquiries, if an\., as it thinks fit. mnv sailction trhe scheme citl~cr xvithol~t.modification or subject to such modific.atio~ls as it thinks fit, nncl cithcr gel~krallv/.SuL$.Ay 4 .(j. 145"-i

10 Electriciiy (13 tipl)ly) LACT L I ~or in respect of any par1 of he area specified !n the published scheme, and shdpublish the scheme as sunc~ioned by it; and where the scheme has been sanc- ".tioned in respect, of part of the said area, it may subsequently be aanutionerl inrespect of o!.her l~arts o: tht~t area:Provided that no sanction shail be accorded by the Board to any scheme orpart of a scheme estimtttcd to resull ill ta ,capital expenditlure. exceeding fiftylakhs of rupees without prior consultation with the Authority and until anyrecommendations which the Authority may, in accordance with the provisionsof this Ict, malie upoil such c(i~~~~lltatlhn have received due consideration by theBoard :Provided further that where the recom~uendations of the Authority inre ard to any- scheme_ a= n@_ accepts& bg&e Board, the Board shall notsanctlon'thescheme without the previous consent of the @ixwk&l Government.(3) In respect of ally scheme to which the first proviso to sub-section (2)applies, the Board sl~all, within one 1nont.h after being requested by the Authorityso to do, supply the Buth0rit.y with all such- infornlatio~i incidental or supplementaryto the scheme as iiiay be specified in the request..iL -30. &Iatt$rs to be considered by the Authority.-The Authorit-j shall, beEoremaking any recommendations in respect of a scheme upon which it hae beenconsulted under the first proviso to sub-sectlon (2) of section 29, have particularregard to whether or not in its opinion-(a) any river-works proposed iij the Board will prejudice the prospects forthe beat ultimate development of the river or its tributaries for power-generation,tonsistent with the requirements of irrigation, navigation and flood-control,and for this purpose the Authority shall satisfy itself that an adequa.te s+,urtyhas been made of tha optimum location of dams &nd other river works;(b) the proposed scheme will prejudice the proper combination of hydroelectricand thermo-electric power necessary to secure the greatest possibleeconomic output of electric power;(c) the proposed main trailslnissioil lines mill be reasoilably suitable forregional requirements :(d) the scheme provides reasonable allowances for expenditure 011 capitaland revenue account;(e) the estimates of prospective supplies of electricit? and revenue therefromcontained in the scheme are reasonable.31. Recommendations of the Authority.--Where the Authority has beenconsulled under the first proviso to sub-section (2) of section 29 in respect ofa scheme, it shall forward its recommendations thereon to the Board, sendinga copy thereof to the ithin six months from t,he date ,cf tho roccipt Sp it o!Provided that if the Board fails to supply in due time any informationrequested under sub-section (3) of se",ion 29. the period within wbich theAutl~orit~~ ~ 1 ~ forward ~ 1 1 its recommendations shall be correspondingly increased.52. Carrying out of schemes.-The Hoard shall carry out and give effect to aacheill..: as soon as ~*easonahl~ pra.cticable after it has been sanctioned andpublished.33. Power to alter or extec:? schemes.--!rhe Board may from time to tirne1 < ; 1 . I . I : ! i t sr,hen~e madc and st!ni.,~.ioile~ jnkhe nian~ier hereinbe.fore provide!!. :. . .l.'rovidetl that anr aite~;-I::;:::::.: GI. -.xtc.:~:s:.iol:s of ;I sc!lc~lle !;:j:i.c:i-; i;l.fi ,i;t:. * . .:%,,.i:l.:! a:::? 5:: .'::::l:i!:,i:v: ?l-!il:!jy il-! cllny;icie? lili;-,: i;F: l-!ia.:c.. \i.!i;i-> .,. ...out. 11re11aring a st~pplemsllt,nl--j schcme.I

OK 19481 Electriaty (Supply) 1L34. Controlled stations.--Where a generating statioi~ situate within an area.for ~h.ch a scheme is in force has been designated In the scheme as a controllt;lstation, the relations betweeu the Board and the licensee owning the stationshall, subject to any arrangements agreed under section 47, be regulated by theprovislolls ot the First Schedule.35. Suppiy by the Bozrd to licensees owning generating stations.-l'he Boardmay at any time declare to a licensee owning a generating station, other than acontrolled station, sltuate withln ax\ area, for which a scheme 1s in force that la,s ready to make a supply oi electricity available to the licensee for the purpose8of his ulldertalting, and thereupon, but without prejudice to the provisions ofsection"47, the provisions of the Second Schedule shall apply in respect of therelations between the Board and the said licensee.36. Power to Board to close down generating stations.-The Board may ahany time declare to a licensee owning a generating'station situate wlthin an areafor which a scheme is in force that the station shall be permanently closeddown, and thereupon but without prejudice to the provisions of section 47,.where the statiou is a controlled station the provisions of Part I11 of the FirskSchedule, or in other cases the provisiol~s of the Third Schedule, shall apply in.+respect of the relations between the Board and the said licensee with referenceto the station to he closed dowl~.37. Purchase of generating stations or undertakings. or main transmissiomlines by the Board.--(1) Where uiider the First or Third Schedule any generatingstation or undertaking is to be purchased by the Board, or where a sawtihedscheme provides for the purchase by the Board of a main transmission.line belonging to any licensee,-(a) the generating station or undertaking from such date of purchase asmay be fixed under the a.ppropriate schedule, or the main transn~ission linefrom such date of purchase as the Board shall, by notice in writing given notless than Gne moiitb before the said date, intimate to the licensee, shall vest.in the Boarci free, save as provided in sub-section (!)., froin anv debt, rnort7ga.ge,lib11 01. other siriiilar ubligaLion of the licensee or a.ttaching to the station OP-~i~~dertfiltinr o? line, as the case may be, and any s11c.h debt, mortgage, litell orobligat,'on shall, save as aforesaid attach to the purchase-money in substitution of'the station or ~lntlertaking or line:Provided Ibat notwithstn.nding any agreement to the 0ontrur.v t,he lic:euse.eshallpay and the mortgagee, chargee, lien-holder or obligco shall accept the.whole or part of the purchase mcnep-as the case may be in full or part satin- ,faction of the debt according as the amount of the purchase money is more OPlessthan the amount, of his debt.(b) w-itho~it prejudice to the provisions of se",ion 47. the Board- shalk piy: orte~ider pa\.n~;:r~t of, the pice to OF: deternined in a.ceordaiico with the FourthSchedule as soon as the amount thereof has been Zsterniined, together with.lilterest o!; such al~iount from the date of purchass to the date of p~:grr~eiit orfonder of pt~jrrnent as afoiesaid at the rate of onp 71er cpnf.iR ni' pl~rchase, the rig1itje, and linbilitics of the fo~:me~q cwnercreof ui1de.r ally contracti for SUC~I CO~~S~~I!C~~OII. exlension or repair shall be.cc:nerl to have,-beel: trnnsferrerl to thc T!oard. except sush rights or 1ial;ilitios-:itoi?i?erl oi- incufied after the date of recsipt of t8he notice of purchase \\rithoi.iC;. -:!I!: ;:ria? sanction of the Board.

Electricity (Supply)(8) Notwithstanding anything contained elsewhere in this Act-(i) where any generating station pur.chased by the Board under this Act.contiins any plant or apparatus which, while the station was in operation, wereused jointly for the purposes of generation and transmission or distribution or.wholly for thc purpooefi nf t,mnnrnjnninn or distribution, then urllaati ulhurwist!..dgreed between the Board and the licensee, such plant or apparatus shall lict.be purchased by the Board but sha1.l iamain the prop8rty of the licensee.(ii) where uilder the provisions of sect,ioii 28 a schelne provides for dl2;purchase of any main transmission line belonging to any licensee the Board:shill not exercise the powers of acquisition thereby af£orded without &e prior+consent of the licensee, which consent shall not be unreasonably withheld.38. Provision of new generating stafi0nS.-The Board shall itself establisha new generating station in any area in which it is required by any sanctioned-scheme to be situated, but the Boazd may, with the sanction of theiGovernment, make arrangements with any li~msee or other person for theestablishment of a new generating station required by a sanctioned scheme, if111 the opinion of the Board it is desirable so to du.39. Operation of Board's generating stations.-Where the Board itself.establishes a new generating station or acquires a generating station otherwiseclosing it down, it shall operate the station itself, but. .uf ' t h < m Government, make arrauge-:merits with any licensee or other perscri for its operation, if in the opinion ofthe Board it is desirable so to do.40. Provision regarding connections with main transmimion lines purchasedby the Board.-Where the Board lias l~urchased a main transn~ission line and:by reason of the use; thereof by the Board any alteration or replacement ofswitch-gear or other apparatus of any licensee conilected with the line be-.comes necessary, the Board may in its discretion itself carry out such alterati011

-~ro&ed 'th& ~'h.ei~ a sanction4 scheme does not na'h such pyo'irisiun ap*fores&d, all the .pro&ions of sections 13 h 19 of the f4st*ment.ioned Act shaUapply to the wwks st the Board.-43. Power b %wd to enter into arrsagements 'rar or sale of electricityundor c ~ - conditions.-(l) TEA Road ]nay enter into arrangements withzany person pducing electricity within the l?m+w+ for t(Boatd, on such terms as may be agreed, of any surph~s elecIperaon may ;be table to dispose of.72) Where a sanctioned scheme so provides, the Board -mayas may be agreed upon, enter into arrange,ments with any Gofor the purchase or sale of electricity -to be generated o- _ _ ~- __Provided that the Board may not enter intoGovermneilC or person without the consent of thearrangemerits with any such person without the congent of thexovernment ofthe Pseuimee'within which the electricity is to be generated or used.CC Restriction on estrrblihent of new generating stations or major additions, or replacement of ]?lant in generating stations.-(1) Notwithstanding anythingcontained in any other law for the time being in force or in any hence, butsubject to the provisions of this Act, it shall not-be lawful for a licensee, or :' any othercre~ted by 4q$datie: ~F~~~~ouS-CO~S~JJ~ ining station or to+tie gensrationPr0vide.d that such consent shall not, except in relation to a controlled&&ion, be withheld unless mithin three months from. the dabe of receipt of snap,pliclction-- .. .'(,(a) for consent to the \es+sblishment or acquisition of a new generitjngetat,ion, the Board-(i) gives to the applicant being a licensee an undertaking that it is competentto, and will, within twenty-four months from the said date, afford to him agudy of electricity sufficient for his requirements pursuant to his applicntion;or(ii) shows to the applicant that the electxicity required by him pursuant tohis application could be more ecbnomicallg obtained within a retlsonable tilnefrom another appropriate source;(b) for consent to the extension of any major unit of plant or works asaforestlid, tke Board-(i) gives to the applicant being a.licensee an undertaking.that within twenty.- :four months from the ,said date eithcr the station to which the npplicatioll pertainswill become a controlled station in terms of section 34, or the Rnard willmalie a declaratior~ to the applicant in terms of secbion 35 offering him a supply3f electricity sufficient for liis requirelnents purs:iant to his application, or ,,;he Board will make a declaration to him in terms of section 36; or(ii) shows to t$e applicant that the electricity required by him pureuutit ta!is npplicaiion could be mare economicaily obtained w-ithin a re~sonatjl~ tilnc.irom another appropriate source or by other r appropriate means;(c) for consent to the replacement of nl:g hajo!; nnit of pln~lt or \+,'o~I~s, tljp5oard---. (i) gives to the applicant being a licensee an undc,:.l.nking that rithill t;igrlseennol;Llls fro111 tbc? saicl date either the st8tioa; to which the npp!ic:$?.ioii perlaillsAll bocornc n co~it~~llcd stnt.io:? in Cerms of scct,ion 34 or the I?o~i,i! u:iIl I ~ ~ ] ~ F ,;.dccleratioii to iii111 in lernis of sec:Cicr, 50; orT/.~ubs.l";j1;,c.r4s6.

(ii) shows b the applicant that the electricity required by him pursusut ta-his application oould be mure economically obtained within a reasonable tima' fr>ui another tlppropr~at~ source or by other appropriate means.(2) There shall'be st:rtetl :ri every appl~cation under this section such partl-{eilars ns ths Board may re~sonablg require of the station, plant or works, as.t&e case may be, in respect of which it is made, and where consent is giventhereto, in actq in pursuauce GC, such consent, the applicant shall not, without-$he f-irther consent of ihe Ij?nrrL, nlalrc ariy material variation in the part~culare- YO sta;ed; - '1(3) Any difference or dispute arising out of the provisions of $his sectbrishall be referred to thc x~%Itrtltion of the Authority.145. Power to Board to entsr q0n and shut down generating stations in cerW .'circ~mstances.-(1) If a.ny liee,nsee fails to close down his generating stag;=;?pursuant to s declaratioil of $he Board under section 36, or if tiny persGz: ,establishes or acquires a :iew generating station or extends or repla,ces any p!antZr works in any generating station In contravent.ion of section 44, the Board mayauthcrise any of its officers t~ enter upon the prenlises 01 si~ch stirt.iclu ;([!:I shutdpwn the statIoil or the plant cr morlrs, n. the c7se ma! be, i:~ respect of whichthe failure or con?iraventior~ h.16- bxcu~red.b\'L) Any expenses inouneci >I;# the Ronrrl uiiuel this section sh2ll be recover-,able by it from the liceusee or percqri co~cerned afi an arrear of !and revenue,f and for such purposB the Board sha,ll be deemed to be a pub'ic officer within themeaning of section 5 of the itevenue Recovery Act, 1890 (1 of 1890).(3) Any dif3erence or dispute arising oul of tlie provision^ of this section sh~ll$ be referred to the arbitration of the Authority.146, The Grid Tariff.-(1") tariff to be known as the .@5d Tariff shall, in':. accordance with any regulnt!uns made in this behalf, be fixed from time to time5..- Ry the Board in respect crf .act1 area for which n scheme is in force, and- tariffs'j;.C,'fixed under this section zay, if the Board thiui~s fit, differ for different areas.(2) Without prejudice to the provisions of section 47, the ,Grid Tariff shallapply to exles nf electricity by the &oad to licensees where so required underany of the First, Second and TEiJ Schedules, and shall, subject as hereinafterprovided, also be applicnb!e .o dea of electric~ty by thp Board to licensees ioELofher oases:C Provided that if in any suck1 otheE case it appearfi to the Board that, havingt r~gard to the extent of the supply required, the transmission expenses involved[ - in affording the supply are higher than those allowed in fixing the Grid Tariff,.zthe Board may make such additional charges as it considers appropriate.(3) The Grid Tariff shall be so frr~ned as to include as part of the charge,ahd show separately a, fixed kilowatt chal*ges component aizd a running cllargescomponenL :Provided that if in respecL of any area the electricity t.~ be sold t,y the Poanlis wholly or ~~~saantially derived from hydro-electric sourccs, the runningchar qes component ulay he ornit6e.d e,(4) Thc Fvcd Liilowatt cliarge~ component in the Grid TariB nlay be framedso us to vary with the aiagnitutle of inaxiinu~n clemand.r- 15) Where only r, portion of a, licenie?'s inaxim~im demand for the puirpoeesog. 11;s urdcrLaliing is cl~:lrgen.\)lc. at the Grid Tariff, the pric-e payable for thai :; 'portion c;lin!l. not \)F! grc:iler. tiIan thc: Average price wliich would 1lai:e hean prig$' able i;ail thc \\;hnlc of Wtr. said u-la.xi:li?!rn tl!:r~\nud of thc lic,ensec, been cl1arged,lc. 1gt. liici C;l.i(l 7':vifl.k. . .Ir:.L(;I) :;~~~~.IS~,I.IIC!:?, of pric.~?c:'i,G> (;fi~;l~,ii !.I> il!fs :.;:.I~,>;!,?~ 'ff!::,tc~~, ~~~pp!yt;3.\

OF 19481 Elactricity (Scipply)- 18(b) a minilnum charge related to past or prospective deinand of a. licenseeon the Board.(7) The Grid Tariff may contain such other terms and conditions, not in.consistent with this Act and -the regulations, as -the Board thinks fit.Q.1. Power to Board ta,make alte'mative arrangements with licensees.-Notwithstanding anything contained in sections 34 to 37 autl sub-section (2), ofsection 46 but subject to any regulations made in this behalf, the Board may 4pake such arrangements as may be mutually agreed with any licensee whoad 'area of supply is situate within an area for ~Lich a scheme is in force, inregard to the purchase or sale of electricity and tthe price thereof, or the purchase,operation or control of any generating statign or main transmission line:Provided that in making any such arrnngelnei~t the Board shall not showundue preference to any licensee.48. Power to licensee to carry out arrangements under thb Act.-Whera- under afiy provision of this Act the Board is authorised or required to enter intoal-rangements with any licensee for any purpose., then uctn:ithsta!iding anything1oontained in any law or in any license, memoracdum of association or otharinstrument regulaticg the constitution or powers of tho. licensee, it shall bdlawful for the licensee to, enter into aid carry out any silch arrangements.49; Provision for .the sale of electricity by the Board to persons other than Ilicensees.-Subject to the provisions of this Act 'zd of any regulations made in ','this behalf, the Board may supply electricity to any person not being a licensee iupon such terms and coiiditions as the Board may from time to time fix having '1:regard to the nature-.and geographical position of the supply and the purposesfor which it is required:Provided that in fixing- any such t:er:us and coliclitia;:~ :he fioard shall ;lotihow undue preference to any person.50. B&xd not to supply electricity in ce~ain,.,circurnstances.,-Noti~iri~ con-!tzned in sectioris 34, 35. and 36 shall apply in auy2csse where under section 13,it is not permissible for the Board to supply, electricity airectiy to a iicenser.owning a generating statim; and nothing in aections 46, 47 and 49 shall em- !, power the Board t.0 supply electriciby directly to a;ny licensee or person to whom Iit is not otherwise entitled so to supply electricity. 1j51. Provisional payments.-Where the pri.te k be paid for electricity by !or to the Board under this-Act cannot be final.:y ~sccert~aineci until aiDer the -end . iof x year of account, the amount to be paid aha!! be ascertained as soon as ipracticable thercaJter, but, the 11art;v fro111 who111 the payment is due stcall make i'to the other niontkly paymeilts on account of the net anlounts due in accord- ;aace wit,h estipqtes made for the purpose, su\.ject to aajustmsnt: sp, soon aiter ;tho etid of the year, of accplxn% n9 the acttual 11a'oili~y can be nsccrteined. -52. Lower limit of power lbctor in supply by Doad.--Unless otherwise agreadbetween the Board and the licensee, no supply oj. electricity take4 by a licenseefrom the Board under thik Act shall be taken rbB fill average power factor below0.K5 during th6 period of ~naximum demand cd the lic%sec? in any month, all(!in the event of khe averilge ponier facto~ as :L..fol.esaici being lower than 0.85,the licensee shall -xithin a reasonable tiine i.alte 6ui;i ineaslires, the cost of. n~l~ich slial! not, be borne. by the Roard, as ?nay he r~eressary to ~nise if; t.0 80.r:~i:~c not lower thtln 0.85,.58: P?ovision of acc,o~nlnodation and right, of. vray - -(I)-\\:.llere the Boa

%kh .!d 96 alectricity (Supply) [ACT L I ~ 21i~ I such I terms and conditions as may be agreed between, the Board and thehusee.~ -;x(2) The Board snd ally licensee shall each have a right of access at all timaf I-ris owu property on, in, over and und-er the property of th.: ctlrer.454. Power to Board -to connect meters, etc., to apparatus of licensees.-be Board shall have power to connect with the apparatue of any licenseeny such correct meters, switch-gear and other .equipment as may be neceesar;q&enable it to czrry out, the provisions of this A&, and such meters, switch.+r and other equipment shall, unless otherwisewagreed, be provided andiaintained by the Board at its own cost.55. Licensees to comply with Board's directions,-Every licensee shall ,omply wihh such directions as the I-3oard may froni time to time give himir t\e purpose of achieving the maximum of ecollorny and efficiency in theberation of the station.J 56. Leases of g'enerating stations.-No iicecsee shall, except with th*Pevious approval in writing of the Board and subject to any condit.ions which :be Board may think fit to impose, enterinto any a,rrangement whereby anyenerating station is to be let cr held on lease by him, and ally such arrange-$ent entered into in contraventionof this sub-section sha,ll be void and of naBect. /1. 57. .Licensees9 charges to consumers.-(1) The provisions of the Sixth Schedulebci t.be Tal.le appendcd to the Seventh Gchedul'e shall be deemed to be incorporat.& in the licence, of every licensee, not being a local authority, from the date of thebmmencement of the licensee?^ next succeeding year 'of account, and from d ..$I& date the licensee shall- comply therewith accordingly and any proviviona of,!licence or of the Indian Electricity Act, 1910 (IX of 1910), or any atherw, agreement or instrunlent applicable to the licensee ahall, in relation to the ,.?[censee, be void and of no effect in SO far as they a.re inconsistent with the :.'#iovisiona of this section and the said Schedule and Table.(2) Where the provisions of the Sixth Schedule and the Table appended to$: . fi6 Seventh Schedule are under sub-section (I) deemed to be incorporated inlicence of any licensee, the following provisions shall have effect in relation ,.,the &aid licensee, .namely :-(a)~he.Board, or where no Board is constituted under this Ac& Government, my, if it is satisfied that tho licenseepith any provisiou of the- Sixth Schedule, and shbo to do..by- the licens6e, constitute a. rating coillmittee to examine thbharges for, the supply of electricity and to recommend thpovernment : . 'ttialit&s of his- urldertsl

--l__l___Provided that nothing in this clause shall be deemed to prevent a licenseefrom r~ducing at ally time any charges so fixed.(3) \\'here a Board is constituted under this Act, the rating cornmititeeshall cor,sist of three members, two. of whom shall be members of the Boardand one rlhall be a representative, co-opted by the two members of the Boardfrom a lizensees' association of which the licensee. concerned is or is eligibleto be a member or, if there is no such association, from such Chamber ofCo~nrvlerct or similar body as the Board may direct; one of such members ofthe Board shall be experienced in accounting and financial matters an4 one of.the memburs of the Board shall be the Chairman of the comuiittee.f4) Where no Board is constituted undersb.a.11 corsist of five inembera of whom the Chaishall be nominated by the Zhww%$ Govellume%hated by the licensee and one member shaI.Electric Licensees' Association, or if there is nChamber of Commerce or similar body as thedirect.. (5) Of the three menlbers to be nominated by the. under sub-section (4), one shall be a person who iso'fficer not below the rank of a District Jud.ge, one shall be a registered ac-*counk.nt having at least ten years' experience and one shall be a person with !administrative experience.t_ .General enciples for Board's finance.--The Board shall not, as far r;sanrkftel; talring credit for any s~lbF&itioii7fi;KtG%~~.:under section 63, carry on its operations under this ,'Act at. 1 loss,-acd shall adjust its charges accordingly from time to time:Provide6 tlmt gvnere necessary n11g nlnounts .due for meeting t.he. oper~_ti!lg,,rnainlenance and ~nnr~ag~me.nt. expenses of t>he Board or for t.he purposes of'(i) and (nj of section 67 may, 1-o such extent as may be sanctioned by.(iwen-lmunt, be paid out of cnpitnl./. .c../.J. .rg/.e./qs2,

(4) The Board shall take into consideration any. .tatementisin the &wwwid Legislature.e Board may a,t any time duringthe year in respect of whichunder suh.section (1) has been i;ubmit,ted, submit to til.:t a supplementary stat.ement, and allto such statement as bhey apply to62. Restriction on unbudgeted expenditure.-(1) Save where in the opjni'on(he Board cir&umsta~lces of extremeenty-five thousand rupees on account- ofe lakh of rupees on account of non-recurring expenditure shall be, e.~pended by.e Board in any year of account unless such sum has been included in a statn-,(2) Where any suchfor the purposesvernment nlay detenllii1-e. I iN to the Board.---Tile %&,c~--it,, the Frovisions of thin Act, as the ~r+viaaialJGorernmp,~t may determine. 165. power of I'io~rc3, to borrow.--(l) Tho Ronrd ma'^ -.-&om - time toA~ne, w i t u .previous ;al,ction of the P+amer:m~le~t: and subje.ct. t,~ tne proyi-I:;

d .-OF 19481other17 ise and to lnake arrangeBoard 1~1th such nlodifications~ cthe t provisions of the Locathe rules made thereunder as if(3) The innximum amount,u~ider sub-section (I) shal! benlent, wit11 the approval of thenlasll nurn amount.(1) Stoch ~ssued by the I3oard IJLIL~~JI th s qcetlo;~ shall be ivsucd tral~slerred.dealt wit11 and reaeemed in such Inanrler as 1~1ay tt. prescribed.rr~anner as it thinks fit the ppl-oposed to Ile raised b the67. Pri~.ri$ of liabilities of the Board.--The ?evenups of the Ijoard qliall, J,meeting its opernting, maintenance and management expenses he dietribuas far as thev are availal~le(I) ~nterest on bonds not guaritnteeci under sectZion 68.(ii) interest on stock not so guarnnteed:(iii) credits to depl.e~intion reserve under sect.ion 68 ;(iv) interest on bonds guaranteed under section 68;(v) illte!*est on stock so guaranteed;(ri) repagnient of principal and interest on s!lins paid by the .C+overrln~ent ~!nder guarantees under seetic11 66;ill the follow~nq order, ~1a:nel - - - 3(vii) the n~rite-doxvn of anloullt,q paid frc111 caritn! 11nder the proviso to seetion 59;(viii) coi~tribution io general reserre of a3 alnount not exceeding onpel' ce:itun7 per hznuw. of the origina! cost of 5xed +?ssets emplojed by th,Boclrcl so l~owever that the total standing to the crbdit of such reserve shall nyexceed eight per centum of +be original cost of ~ucb fixed assets;(ix) interest on loans advanced oi. deemed to be advanced to the Board undesection 64. including arrears of such interest ;(sj of the balance remaining, one-half in the reduction of tariffs or for suclother purposes beneficial tn electrical development in the as tyI 13on:.d ivav think fit. ~r:d the remaining onehalf st, far oh availnblc il thfollcxi~inp order. namely :-(a) repayment of interr:kfi-free loans;-__---. __._I.-. . .. (b: to w . .revenues.68. Depreciatior, reserve.-The 13onrd shall creale a ilepruoiatiox: resolveas i ~ nq r cornp!innce wit!! t11r- l~rovisiori of sect!ion (i7 !~l:!i:cs it pr~ct,icalllc. sl~a:8t.,t.he e,lld of every yea]. credit to F O C ~ reserve jro~n it.$ rcveu~~efi-. (ij ~11111s ascertai~led in accord:~i;cc wit11 tl~c Scvei~tl, Scl~cdule, and , :(ii)' ir~tere.st at tl~r. rnte of tliret: prz ~0l1.111.171 CHI~II~I.~!~ :.,!I c?l:n~ :~i ~.!.eij&,. .tile dcpre.cicl;~tion resel.vi r~ii the I'rst dn:; nf tPrt- $:rid ycni-.@f.-G~&.k.~ fl.0 ./"

1'rorided.that if in BUJ ?,ear it is ,not practic~ble fully to comply with theprovisions of this section, the amount by which the sums actually credi'ed fallsshort of the amoupt required undsr chis section in respect of that y~ar shall beoarried forward and, together with cornpoulld interest thereon at the aforemidrate, shall be credited to the said reserve as soon as it is found qossi5le in>" .accordance with section 67 so 60 do..:.,.: .. .: .5 .$.69. AccQurits and audit.--(1) The Board shall cause to be ~ntiint~lned suchproper books of account and other books in relation to its accounts as theregulations may require, and shall prepare in accordance with the. rules . anannual statement of accounts.: (2) The accounts of the Board shall be audited concurrently and annunllyo shall be qualified under the provisions of section 144 01 thees Act, 1913 (VII of 1913), to act as an auditor of corn~~~rriese appoiuted by the,Zmwmik Government.as the accounts of the Board have been audited, the Boa& bclillereof together with t: copy .of the report of the auditor thereon toGovernment, and shall cause the ac.counbs to be published in t\e:prescribed manner and place copies thereof 'on sale at a &asonal)le prica.:; '.(4) The Board shall comply wi,th such orders and. instructions, as the h-'-w'& Governnlent ma,y, upon- perusnl of the report of the auilitor, thil!lr fit to:issue:CHAPTER VIIMiscellaneous70. Effect of other laws.-(1) No p~~o~isioi, of the lltdiar~ Electr city ,let,1910 (IX of 1910), or of any rules tnade thereunder or of an) instrurnent havingbffect by virtde of such law or rule shall. so far as jt is illconsistent with any of%e provisions of this Act, have any effect:m e ( w o t h i n g in this Act shall be deeirletl to prevent the &vii&dgo~ernment from granting, after consultation with the Board, a licence nothconsistent with the provisions of the Indian Electricity Actbraon in respect of such area and on such terms and conditionr:-1910, to allyfovernlrient rnay think fit.(2j save as otherwise provided in this Act, the provisions of this Act shall bei addition to, and not in derogation of, the Indian Electricity Act, 1910., 71, Biz&% and Options to purchase under Act 1X of 1910 to vest in Board.-There .;:aer the provisions of the Indian Electr'cit~~ Act, 1910, any right orbtiorl to purchase the undertaking of a licenseeGovernrjntor a local a.uthority, such right or option shall be deemed to be transferred,_%fie noam, and shnll be exercisable by the Board in accordance with tt~evisions oT the said Act applicable to the exercise of such right or option by thei&1 Government or a local authority, as the case map be.2. Water-power concessions tco be granted only to the Board.-The &&+Government shall not grant any concession for the developrnent or use ofrter-power for any electrical purpose to any person othel than the Board,$ess tK%misif Governinent is of o1)inion that it is not expedient for2 Board or that the Board is un~ble so to develop or use tne water-pon-erzcerned. -73. ~o-ordination betweeu the Board's Schgliles and Multi-purposehenles.---Where a multi-purpose scliclne for the developnlent of aaj ri\.erany region i~ in operation, the 13onrd shnll co-ordinate its activities with! activities of the persons rcspo~~sible for sue11 scheme ilk 60 f:rl' an the. ~:i:er-related.I, s,.~~ An493b,p_i. ',d

OF 19481 Electvicity (Supply) 2 174. Powers of entry.-Any officer or servant of the Board generally orspecially authoriseda by the Board in this behalf may at any reasonable timeamr giving the owner or occupier reasonable notice enter upon any land orpremises and there do such things as may be reasonably necessary for thepurposes of lawfully using any transmission lines or main transmission lines,or of making any survey, examination or investigation preliminary or incidentalto the exercise of powers or the performance of duties by the Board under thisAct.75. Annual reports, statistics and returns.-(1) The Board shall, before suchGazette.4 CS~~O.'fZ-(...: (2) The Board shall furnish to the': in such form and rnmner as may hement mny direct, RIIC~ stntistics and returns and such part;iculars .. . ... in -.-- regani .-.any proposed or existing scheme as the -veFiimentmag from time 'totimc rcquire.I(3) The Board may at any time bk notice in writii; r,.qulre any licenseeor person supplging electricity for public 3r private purpoges or generatmgelectricity for hie OWL us= to 'urnist it with such irforrl~ation and accounterelating to such :upply or generation ~ n d in such form and manner as thenotice niay - ",~)ecifj-Ij--- --476. Arbitration.--(1) $11 questions arising between the Proviilcial Quvarumentor the Bpard and a licensee or other person shall be determined byarbitration.(2) Where any question or rllatte~ is, by this Act, required to be referredto arbitration, it shall be so referred-(a) in cases where the Act so provides, to the Aut6orit-y and on such "reference the Authority shall be deemed to have been d~~.ly appointedas Arbitrators, the award of the Authority ;ibell be finaland conclusive; or(b) in other cases, to two arbitrators, one to be appointed by each part?to the dispute.(3) Subject to the provisions of this section, the provisions of the ArbitrationAct, 1940 (X of 1940) shall apply tc arbitrations onder this Act.(4) The arbitrators shall in making their awa~d have regard to the provisioi~sof this Act and any rules end regulations made thereunder relevant to therefermce.(5j The arbitrators may, if they thinli it expedient so to do, call id theaid of one or more qualified assessors and hear thelreference wholly or partiallywith the aid of such assessors,(6j The provision^ of sub sections (4) and (5) shd1 apply to t11e umpire,if he enters on the reference, as they apply to the arbit,rators.77. Penalties and procedure.-(1) If urly licerisee or othe1. person fails withoutreasoilable excuse to coinply wit,h or give effect to any ~lirect~ion, order or requirementmade under section 55 or under clause (c) of sub-section (2) of sect.ion57 or under secliorl 53 or under sub-sectio~l (2) of sectioll 75, he shall bedeer:led to have yommitted Rn offence under t,his-sectiorl and she![ be punisbcbleo.it.fi fi:ln whiol~ mng cstcrid to five hutlarcd ru;;se&, and in thc ctsc of c~ntinuingioffer~ce wit11 an addit,ionnl fine which may ext.enil to fift.? rupees fol: e\.erj (la?: afte: tile firi;t during wilicli :lie offence ci>rlti~i.ues.Il..3CL(4.Ly d.0 -/9.5%.

j22 Electric~iy (Supply) [ACI L ~ V(2: Where any licensce or other person is a firm, company or ot,her body~orporate, every partner, inanaglng director, manager, secrctarg or olher respnfilhir,officer thereof shall, unless he proves that an offence under thi6 section.was committed witiiout his kr~owledgz or Illat hc exercised all due d~ligenceto prevent its commission, be deemed to be guilty of the offenoe.cognisance of 211 offence under this section except on :the Board, or where no Board is constituted- under'4_ _.___ --_ .____(b) the terms and co)iditions of appoititnent of members of b kElectricity Councils, mld Local Advisoiy Committees., the conveilil~g of meetingsof such Councils and Committees-, and the concluct of busiiless illerct~t;(c) the form in which the annua! financial statement and s~~~l'ernei1tar-ymtements under section 61 shall be prepared by theBoard, and the particulars.co be included therein ;'(d) the conditions subject to which the Roard may borrow under sectib.2 05;(e) the maker in which stock issued by ll~e Bo&rd s11all.be issued; transferred,dealt with a,~d redeemed;:f) the mariner in which the accounts of the Board shall be published undersection 69;(g) the form in which and the date by which the annual report of the Roardshall be submitted under section 75, and the form and manner of furnishingstibtisttcs and ret,urns by the Boa,rd udder that section;(hi the busii~ess of the Board upon which the IIocfii Advi~ory Coin~nitteeswncsmed shall be consulted.79. Power to make regulations.-The Board mar make regulntio~~s not, inconsistent with this Act and the rules made lheieunder to provide for elkor as? sf the foilowins matters, r1amely:-(a) the ~di~~iaistr.*tion of the P.214~ and other property of the Board, nnd the,ui:lip:n12anse of its accounts :1n)'the s?immnnin,o and holdinp of meetings of the Board, the times an8places at which such met?tings shall be held, the conduct of busiliess thereatland tjhrl n11ml)er of mernbera necessa.ry 110 r,onstit;ilt,e'a qiiorllm;(c) the duties of officers mlcl seroa.11ls of the Boarcl, -%nd their sa,laries, allow-~ncee and ~ttiec conditioils of service;(d) ali qlatters necessa~-y or cspedieilt for r~pu!ating the operations of theI3on1.d unfler section 20;(ej tJlie rrlal~ing of arlv;tnces to liC.ensees by i,he Hoard uililer sec.Pio~i 23the man~ler 4 rrepnyrnenf; of pur:h advances;(fj il~c rll:ikiiig of contributions Ly t,iie I3oard under scction 24;('gj t?re pr~ccdure t,o be followccl l)-j the Board in inuiti~ig, considcri~~g findncc;:pli!:g t.t;i:rlers :and

'OF 19481 Elactridty (Supply) 23(i) principles govarr~ir~g the ~:~nking of arrangements with licensges undersection 47.;@I(1) principles governing the supply of e1eclt.icil.j \,y Lhe Bunrd to prrcolls j!other than licensees under se2tion 49;i(k) any other matter arising out of the Board's functions under this Act forwhich it is necessary or expedient to make regulations:Proyided that regulations u;inder clauses (a) and (d) shall be made only withthe previous approval of the Ro~Governrnent and regulations underclauses (h) and (i) shall be made with the ZorlcufC&~Ge-X-t;I:sio:~~,:tli,e~.k~~.~~.,i!~ or rCil~\~:d$ 0: ti112 si.~!ti' pari. t~!r~

24 Elect~icitll (Supply) [ACT LIY(d) t~~fiupply to the Board 811 the electricity generated at the station.(2) To mable a licensee to comply with ally direc$on under sub-paragraph(I) requiring exteusion of the shtion or any l~arL ll~erevf Tor purposcs of t&Board, the Board may, if it considers it expedient and practicable so to do,peer to advance to him a loan upon such terms and conditions as it may deemproper and the licensee shall accept the loan from the Board on the terms andconditions offered, unless he raises a loan from other sources or employs hisown funds for purposes of such extension on terms similar to the terms offeredby the Board:Provided that notwithstanding anything contai::eci in any law or in anymortgage, charge' or instrument execut,ed by the licsnsee, the loan 80 advansedby the Board and the interest thereon shall be R first charge on the extension-,subject to any prior encumbr~nce shall also be charged on the u~dertaking-- %nd all the revenues of t,he licensee and no such loan shell be amortised in any' way :by the licensee:iProvided further that if at the date of purchase of the station under this ".'. .,Act,or of the licensee's undertaking under the Indian Electricity Act, 1910{IX of 1910), the said principal or any part thereof remains unpaid thoughdue for redemption or is not on that date due for redemption, then an.y sumpayable by the purchaser as a percentsage on account of con:pulsory purchasounder this Act or'tbe said Act shall be reduced by an amount which hearg th'e-same proportion to that sum as the amount of the sai'd principal or pa,rt thereof-' Temaining uupaid or not being due for redemption as aforesaid bears to thaQotai of the ordinary, preference'and -debenture capital of the licensee and the. halls advanced by the Board under this sub-paragraph. . ,;' Eap2anation.-In this sub-paragraph, the expressions "ordinary oapital","preferenze capital" and "d'ebenture capital" 'have the meanings respectivelyassigned to them in the Sixth Schedule. , 111. From thr? date of control the Board shall, except where prevented bj: muses beyond its control, be under obligation to supply to the licensee, and th~.F . ,licensee shall be under obligation to take from the Board, the whole of the' .alwtricity required by the licensee for the purposes of his undert:a.liing, except,quantity of electricity as the licensee may for the time being be entitled: un&,r paragraph I11 to purchase from a source other than the Boerd or as he. .m%)- be generating in another station, not being a controlled station.:111. Unless otherwise agreed betweensthe Board and the licensee, the lican--see fihall not, where he hna receiveda notice under paragraph I, purchase after .date of control any quai1tit.y of electricity from a source other than the64

OF 19481 Electricity (Lhpply) 26agreed betlveen the Board and the licensee, be at the generating station, and theptessure of the supplies hull LC suoh au the Board nnd tho liccncec may agree.-VII. Where any licensee owns more than one controlled statiop-(a) such of the several contr led stations as are interconnected shall, forhe pui-poses of this Schedule, be 4'eemed LO comprise a singls controlled station,and, unless the subject or context otherwise requires, the provisions of thia.Schedule shall be construed as if the word "coriibined" had been inserted beforethe word "station" or the wo~ds "generating station" wherever they occur;(b) the electricity supplied at the sev~ral contFolled st,ations by the licenseeto the Board, or by the Board to the licensee, shall each respectively be treateaas single supplies;(c) i11 the application of clause (a) of paragraph XII, the costs of productionat each oi the se-reral contiolled statione shall be separately ascertained, andin the application of clause (c) of the said paragraphv(i)the sums ascertained in accordance with c,lause (a) of paragraph I ofthe Eighth Schedule in respect of each of the several controlled* r stations shall be separately allocated between fixed costs andrunning costs, and ,(ii) the sum of the several fixed costs and the sum of the several ruilningta costs shall be the fixed costs and the running costs respectively ofthe combined station;(d) in directing the operation of the combined station under clause (b) of'sub-paragraph (1) of paragraph I, the Board shall have regard to the nature and.capacity of the licensee's transmission system interconnecting the several con.trolled stations and to the requiremeuts of the licensee at each of those stations,VIII. In the event of the licensee failing, except where prevel:ted by causesbeyond his control, to perform or continue to perform any obligation imposedupon him under this Part, the Board may give notice to him in writing thaton the first day of the licensee's next succeeding year of account the generatingsthtion will be purchased by t,he Board, and on such day the Board shall purchasethe station at a price actermined in accordance with the Fourth Schedule;and thereafter-'(a) all the provisions of this Schedule except paragraph 11 and this paragrsphshall, in relation to the licensee, cease to have effect;(b) the Board shall supply tho licel~see with the electricity required by himunder paragraph I1 at such price and on such conditions as the Uoard maydetermine. ,PART IIPrice to be paid for electridty supplied by the Board under Part IIX. There shall be agreed L~tnlctn the Board aild the licensee in respedof each rnonth of the licensee's year of account- 5(a) the maximum capacity of the station, that is to say, tho maximumcapacity (expressed in kilowatts available for supply to feeders) of such plantand n~orlis ~ppertnirlin~ to the geu~ration of electricity at the station as wereavailribla for reliable and regular cornnlercial operation on tho first day of themonth, kcludizlg t7he c.ap~c.i.I!~y of B U C ~ FIRE), RXI~ works as wore tennpordrilY.+,cuiof coxmission ;(1;) k?;? i;l;c;?>cr ,-,;;(I siz; of u~;itc of ~;!n:;t ~ n d works, forr:-iing ;i.;,.f, c;f t,hcrifore~nii! pinni nncl nlorks. n.hicll oug?llf; properly to ho deemed to b6 stsrldbgif [Ilc sf;:! j,:>:: ~::eyi, not a contro!!cz :l:!fion;-.

[AC~ lA\'26 Electricity (Supply)(c) the standby capscity of the station, that is to say, the number of: lrilowatts(expressed in kilowatt0 available for supply to feeders) by which thehaximunl capacity of the station would be reduced if the staudby plant andwnrks referred to in clause (b) were to be left out of account;(a) the actual effective capacity of the station, that Is to say, the numberof kilo~.;ltts by whicli t.he maximum c;ipacitj; exceeds the stpndby '~~11ncit.y..X, (1) The licensee shall be entitled to purchase froin the station in eachmonth -at u price detar~llined under paragraph XIn a number of kilowatts notesoeeding the scheduled effective capacity of the station on the first day ofthnt month as determined in sub-paragraph (2).(2) The scheduled effective capacity of the station shall be agreed betweenthe Board and the licensee in respect of each month of the gear of account, andshall be computed in the sarne manner as the actual effective capacity underparagraph IX, except that there shall be left out of account such units ofand works, if any, forming part of the plant and works referred to in c Et a se(aj of the said parirgraph, as the licensee declares to be surplus to his requirementsfor the time being:rrovicied that tilt: licensec ~hali not. decL?re to be 'surplus t.0 his requirementsally such units of plant or worlrs as were installed or were on order at hhedate of control or which mere .included in any previous computation of thescheduledeffective capacity:IJrcvidzd ful.tlier that if as a resull; of the licensee declaring as surplus tohis requirements any units of plant or work. cne scneauied efiective capacit,yis in respect of any' month ooinputed to be less than the inaxinlum demand offhe licensee on the station For the purposes of \his own undertaking, then s_uchunits of plknt or works ant1 all further ~dclitioilal units of plant or worlrs shallthereafter always" be deerned to be surplus to the requirements of the licensee.as a:forcsgid unless the Board decides otherwise.XI: Of the kilowatt-hours purchased by the licensee from the Board in each$month, a number ol kilowatt-hours not exceeding the number which bears thesame proportion to the total ilunlber purchased as the' scheduled effective capa-;city for t,he munLh bears to the maximum demand of the licensee on the Boarcl:.in t,hat inonth shall be purchased at a price determined under paragraph XITI;$

.OF 19483 Electricity (Supply) 27 ,(c) there shu!l be allocated between fixed costs and running costs in accord-.sfice .with the provi'sions of thc Ninth Schedule t8he s8m ascertained in respect-of'that year under clause (a) of paragraph I of the Eighth Sche4ule, and theamount of running costs divided by the number of lrilowatt-hours supplied from-the station m that year shall for the purposes of this Schedule be referred to.ae the running charges component;(d) there shall be ascertnined in respect of that year an arnount (in thisSchedule referred to as the scheduled $zed works costs) calculnted from the. r A 3.expression,- + - x - where-2 2 C"A=the amoullt of fixed costs ascertilined iil-mspecb cf that year underclause (c);E=\he F.uln of the scheduled effective capacities for each mouth of thatyear ;C= the S U ~ of the actual effective capacities for each lllorlth of that year.XIII. The licensee shall pay to the 3oard in respect of each month of theSear of account for the electricity l~urchased under paragral~hs X and XT-(a) in respect of Irilowatt.~, an amount equal to one-twelfth of the sum of thescheduled . . overhead charges and the scheduled fixed works costs;(h) in respect of kilowatt-hours a sum found by multiplying the ;lumber ofkilowatt-hours ~1yplied by the running charges component:Provided that if in any year of account the station for any reason ceases togenerate electricity for one thousand hours or more, then ?or the purposes of" ascertn~~~ing the sunning charges componc:nt and the scheduled fixed works costsurlder clauses (c) and (d) respectivel? of paragraph XII-'(i) the said clause (c) shall be construed as if there were substituted fur thewords "that year" in both places where the5- occur, the words "the most recent~ep,r of accor~nt in which the station did not cease to generate electricity forone thousand hours or more" and as if to the said clause the following provisowere added, naniely :-"Provided that so much of the said sum as is represented by the cost offuel shall be adjusted to take Bccount of the cost which would have been incurredhad that fuel been consumed at the average prices prevailingein theactual year of aecount";(ii) in evaluating bhe expressio~~ contained in the said clause (d). the letterC shall be deamcd to be equal to the sum of the .ectunl effcctivc! ~apacit~ies forencfi nlonth of the most recent year of account in which the station did notc.i..ase to generate electricity for one thousand hours or-nlbre:lJrovicled further that if in any year of account there exist in the stationa3-j ,,nits of plar~t or- works which have been declared by the licensee uuder~l~b-~~~ragraph (2) of paragraph X to be surplus to his requirements in that.year, !here shall be added to hhe running charges con~ponent in resgect gf t,hat.year, the amount, if tiny, by which th~t part of the said componer?t. att,yihllt..to the coct ~f fuel is less tl~ar! ~i11ely pel. cenf7r)tr. of the corregi,o~!dir~g.,,i,art, of b].ie .r::!ulins cl~argcs cor~iponent ill res:)ec!f; of the pear of acc.o~~llt i~nn,~. :!dintelv I,rtceilinc t,lint. in whicli thc earliest inslallcd of qtlie said ur~its of pla.nt;;j;i,cirl;g first cnlno illto commerc~inl ~~~~~~~~~~1 in the station, and in ascertain- if!y-,il1g t,he oorrc~pol:c\i!?g pnrt as ~~.F(irU~iil?l, i,ll;: :\ti::~!ilii:l,i~i;el? 6:i;ilI iieeliled tobe c.!,~ s;tm!: :iyc::.;;gc r!tiolit,y :~!:d io 1;: c

28 Electricity (8uppLy) [ACT LIVProvided further that if in respeot of any month of the y&r of account awunits of plant or works p&viously declared by the licensee as aforesaid to besurplus to his requirements are for the first time taken into account in asstsshgthe scheduled effective capacity for that month, then in addition to the paymentkferred to in clause (a) the licensee shall pay to the Board a sum equal to myBums previouslg paid by the Board to the licensee on revenue account (in respectof any period prior to the date on which the said units of plant or wo~ks came-into commission) by way of ipteresf, de'preciation, testhg end tuning-np expenses--attributable to the said units of plant orsorks; and the sum to be p~id as afcjre-:said shall become due in one or more installments and at such ti7r1~ m timesas the Board may direct;. .XIV. The price payable by the licensee to the Board for dl eleatricity sqpliedby the Board to him in excess of the quantities referred to in paragraphs.X and XI shall be the Grid Tariff.XV. The licensee shall have the right at any time, on giving to the Board -prio~ notice in writing expiring at the end of any year of hcount, to purchase:.from the Board at the Grid Tariff the whole of the electricity supplied to himby %he Board thereafter:OProvided that the Board i~ those circumstances may make it a condition that:he licensee shall, until the date on whlch the scheduled effective capacity of$he station tecomes nil, pay to the Board in resp~ct of each month k edditionthe Grid. Tariff one-twelfth of such proportion as the Board may fix of thebnual charges by way of interest and depreciation whicl would have been paybleto the Board in respect of the year of account h>d the said notice noteen given :Provided further fhat in assessing the scheduled effective capacity ';or theurposes of the first proviso all units of plant or works which may have beennder this Schedule declared or deemed to be surplus to the requirements of thecensee at the date of the expiration ofsthe said notice and all additiona.1 unitsf plant or works shdl after that date always be deemed to be surplus €0 theiequirerr.ents of the licensee:j Provided further that aiter the expiration of the said notice the Licensesbhall not be entitled any time to purchase electricity from the Board t tl thebrice ascertained under #paragraph XIIJ.i *PART 111Permanent closing down of a controlled station! XVI. The Board may gi've the licensee not less than six months' notice inb-ritiug expiring at the end of any >ear of account that froin the first day of thepext succeeding year of account it will not again direct the licensee to generatepnv electricity in the station, and upon that date (hereinafter in this Schedulegefei~ed to as the date of closing ~OI~I) the station shdll be permanently closedDown.XVII. From the date of clbsing down paragraphs I, IV and VIII ahall, inrelation to the st:ttion, ceases to have effect, and on receipt of tl:e not,ict? underparagrr.ph XTTT the licensee shall have the option (to be exercised by a da'ai~ot later than three months prior to the date of closing down) either---i.! (a) (i) to sell the station at any time after the date of closing ilo~rii ~ntl(ii) to purchaee the glectricitg supplied- to him by the Board at the GridTariff, or(b) (i) to reclulre the ~onrtl to pul'chase the ~tatio:~ or at, the option of thelicci~see thi. III~~(.I takiilg of the licensce et the (?ate of clos;ug do~.+.ir~ at x p.5~~drtrrrnined 1111tTthr tli>> i'o~:ri?l Srhcduie, irr:clL'B

OF 19481 Electricitg Isupply) 20(ii) to burchase the electricity supplied to him by the Board in accordanwd' +with thc provisions of P~rt TI aR nimlified hy pnrngynph XVLTI:t. ... ?,P Provided that where the station cannot he severed from the distributing .ystem of the licensee or where the severance of the station from the distribut-. ,kg system of the licensee is likely to affect prej~r_diciallj. the' interests ~f -theFcensee, the licensee shall be entitled to demand that the Board shall purchasehis entire undertaking and on such demand being made the Board sball ;~urchsethe entire undert'aking of the licensee.Any question arising under the proviso .to this paragraph shall be referred# arbitration under section 76..-?S. XVTII. \I?l.lere a licensee exercises his opt,ion under paragraph ;L\T1l. in&rms of clause (b) thereof, the B,oard shall comply with the requireme& top%hase the station under sub-cla'use (i) of that clause, and in applying thap-rovisions of Part IT to the purchase by the licensee of electricity supplied tohim by the Board,--,. '(a) the station shall, notwithstanding, that it has been permanently closedbwn, be deemed to remain a control!ed station in operation but to be such e. tation which has ceased to generate electricity for one thoueand hours or moreQurina each year of account;7.@) clause (a) of paragraph IX shall be construed ap if the following wereI'.:bnbstituted therefor, namely :-A,"(a) the maximurn capacity of the station, hhat is to sq, the maximumoapacity (expressed in kilowatts available for supply to feeders) of such plant.and work8 appertaining to the generation of electricity at the date of closingdown as would have been available for reliable and regular commercial operationon the first &ay of each month, had the station not been clmcd down underPart TIT and had no replacernen t of anymajcr item of such plant or work;q .fb?? earrierl out :'',--I ' (c) clause (a) of paragraph XI1 shall be construed as :f ihe following weres;~t.,ctituted t,herefor, namely :-G"(a) there shall be ascertained in respect of the year of arcount such annuatbh::.,rges hg way of interest arJ depreciation attributable to the asw~ts purchasedy the Board under Part 111 as would have resulted from the applicatio~l of!:ldses (e) and (f), of pnrapranh T of t:he Eighth Schedule had those asset9m~ine' in the omnersl)ip of t-he licensee;";(d) clause (b) of paragra.ph XTI shall be construed as if the reference therein'to clauses (b), (c) and (d) of para.rapb I of the Eighth Sc'nedule mere omitted;'(e) there shall be n.ddnrl to the sum payable by the licensee to the i:oarJunder clause (a) of para.g~aph XIIT in each nloilth of the year of accoun.6 (I sum, equal to one-twelfth of the amount calculated from the ex~rwsion, "AxB ---where-

30 Electricity ($upply)[ACT , Lrv., ':,.).,;!;j.~.?PART IV 2:qPurchase by Board oi cont~oU~ed station not -to be cloW downXIX. Where in respect of any nionth notified by the Board (and hereinafter ;'in this Schedule referred to as the relevant month), the soheduled ~ffectire caps-city of the station is computed uurler paragraph X b be less than one-half od I+,the actual effective capacity of the station, the Bmrd may give to the licensee isix months' notice in writing that on the first day of the year of account next ifollowing the date of expiration of such notice the statioll nlill be purchased by'1the Board.XX. Notwithstanding anything colltai~led in paragraph X, in computing theqcheduled effective capacity for purposes of paragraph XlX there shall be teftout of account all such units of plant and works as would not rertsonably havebeen required by tho licensee for purpses othw than supply b the Board hadthe station not been a controlled station.XXI. Where n nokice under parngrc~pii SIX has beer1 served by the aoard.on the licen~ee, the Board shell purchase the stu:.iL:.ri or where a ssvcrance ofthe station from. the distributing syskm of the licensce is :lot possible or is likelyto affect j~re~udiciall~ the interese of ti12 licensee fiad the licensee so requlresentire undertaking of the licensee at the date specified in the noticeand stprice deterrniued ander -the Fourth Scbedu!e.XXI-I. From !,he date of purchase 6f the sbation or it the option of thelicensee the undertakiog of the licensee under ptuagmph XXI the provisions ofpamgngbs T, IV a4d VIII &dl,in roletiin tu the &tion, maso b. have -,and the licensee shall be required to pu~chaae the electrjcity eupplied to him bythe Boa4 in accordance wibh the provisions of Part 11 8s modified by pwtrspph'KXIII.XmI. I11 applying the provisions of Pmt XI to She purchase by a bcenseeGhose shtion has been purchased under this Part of ekctricity supplied to him'by fhe 'Bod,-(a) the station shall, notwithstantling thnt 'it b& been purchased 'D? bh~Board, be.deemed t~ re.m~in n corltrolled station;(h) clause. (a) of paragraph XI1 shall be construed as it the referenee theAinto the provisions of the Eighth Schedule excluded s reference to clauses (b),j(c)and (d) of paragraph I of that 8ohedule, and ns if the following proviso W' repdded to the said clnuse (a), nameiy:- i" -."Provided that the aupuai charges to be included in accordnnce uith clauses(e) and (f) of prtmgraph-i of tho said Schedule shall be such as would Ramresulted had the nssets purchnsed by the Board under Part remained in t.6ownership of the licensee" :\(c) c1a:~e (b) of palrtgrnph XIT shall be construed as if the reference thereinto clauses (b), (c) and (11) of paragraph I ofthe. Eighth Scbedule were omitted;(d) there shall be ndried t,o the sum payable by the licensee to the Board underoluuse (a) of paragraph XL?I in ench month of the gear of account a s~im equal toone-twelth r.f the amount ce-lcnlated from the expressioxi, ''hX 33 wBem-+--" --C". A=t.bat pert of the scheduled overhead chrrr,o~s payable by t.1:~ liconsenfo the Board in rmpect of t:he last year of nccount ir~ which theskllion n-as in the o\rrll~.rship of the kicenme, which relutes to the,. . .. itcrris referrad to in c!zusea ji)), (o) and Sd) of pamarnph 5 &i 611~ ,i:YI;'.~;;llth Sche;dule;i$+,'.*Ir ;i_l.,. ,;?

,'OF 19481 h'lect~icttg (Supply) 3 1B=the sum sf the ~cked~tlcd effi.cLive capacities for each month of theyear of account;-C=t!lct sum of the scheduled effective capacities for each nlonth of +-h,\:+id last year of account.supply by Boardi'BE SECOND SCIIEDULE(See section 35)licensees owning stations other than ~ntroilfd sfdbtlond.1. Before the cud 3i wcii ya1- the Hor~rtl bhall declare to the limnsee inretlyeut of each of the two next sl~cceeding grnrs the Inaxlnlunl number of kilowatttlwbich it will make available fur the purpose of the Ecenses'~ undertaking.LI. Where t:he Board and the liwrlsee agree that the number of kiluwahbdeclired ucder paragraph I will be inadequate tr) meet t,he roquiremenkof thelicensee having regard to the capacity of the licensee's generating ~lmC, th.Board shall not-refuse its co~lselit under . section 44, the provisions of bhab~tq~ion nota.it,hstandin,o, to the installation by t,he licensee of such genemtirng, plant as he may reasaMly ~equim for the yur ses of hie undert.aking, unlw; Be Board is nhle appropriat.ely to amend its c P" eclaraiion withi11 n reasvursbletime.Ill. The licensoa shill be entitled to clernand from the Board,, and the Boa&ahall, except where prevented by causes beyond its conko!, b0 .unde~ obligationto supply -to the licensee, a ma:cimum number of Biluwet&~ in each ye? r.08-exceeding, without the consent of the Eoad, t.he inasimum nurnber of kilow8tta.declared u n b tbie &bedule in raspact of Mrt year. .IV. The poinb it which ths electricity to bs supplied under khls fkheduleshall be delivered to the licensee shall, unless otherwise weed bekenBoard and the licensee, be at the licensee's generating station, and the pressureof supply shall be such as may bbe agw8 Setw'een the bard and the lieensee8,V. The Bawd shall bear the whole of the easb oP the mmke uyparatusquired fnr making the 6c~pply uucier this Schedule available ta the ticensee.PI. The piice to be paid by the licensm to the B ~rd fn respect of each yearfor e1wlr:ciby supplier{ iindttr this Sclledule shell be tho Grid TariB.(8co section SU)Olosing down of generating stations other then conhlled 8taWbltl~ . t,'1. Where .the Board proposes under sectiori 38 pernlanentJy. to djse domD agenerating statio~~, other tJ!lnn a controllc~l st.nt,ion+ it shell give .-the licenseeowning the station not less than six n~onths' notice in ~Ating expiring at tbend of any' year of ~ccount that from tAe first. day of the next si~oceeding ye,arof amount (herea,fter in bhio Schcd~lle rt?iorrc.d to as. tho dnt,r. of ij11.ning :lawn)the. 6t.al.iorl shall hi! ~?errnl~ncntky c:lofiad cl{~n.r>.. .11. From the date of clodn:: down the I3oai-d shall bG nndcr o!,iig:iiioll tosupply to the licensee, except \vilere p~cvcz~i~il h~ c::aoCn beyaitri. it.$: i'!,s\:r;~!,&nd the licensc~. fil~iill. bc uni'li. r:\l.)lig:~li.,n to :[;lie fro111 the B~ira; tPi6 wllcjlo of6he electricity . . requiri:d by tho limnsee for t,hr. pun.~?os~s of his ::l~dei'snfi::~, &x:~~%sucl~ qua,ntlt.y of c!ec.tricity as the liceli?~~. ::L::J {oz the tin:. t,eE::i entitlob-

32 Electricity (Supply) [ACT IJIVunder paragraph 111 to purobawfrom a source other than the Board or as he maybe generating in another statiod, ilot being a controlled s!ation.111. Unless otherwise agreed between the Board and the licensee, the liceilseeshall not, where he has received a notice under paragraph I, purchase after th?dabof closing donm any quantity of electricity from a source-other than thei3~ur4.Provided that where oil che date of the receillt of such i~otice the licensee isbound under any contract to purchase any quantity of electrlcitj from some othersource, he may, for a period not exceeding two years after the date of closingdown or for such further period, if any, as the Board may allow, continue tor-:rchase electricity under the said contract froin such other source.IV (1) The point at which electricity to be supplied by the Board shall bedelivered to the licensee hall, unless otherwise agreed between the Board andthe licmsee, be at the licensee's generating station, and the pressure of supplyshall be such as may be agreed between the Board and the licenwm.(2) The Board shall besr the whole crf the cost of the service apparatusrequired for making the s11pply available to the licensee.V. The licensee shall have the option, to be exercised by a date not later thant,hme month prior to the date of closing down, either-(a) (i) to sell t.he station at any time after the dnte of closh~g down, and(ii) to plllchase the whole of the electricity supplied to him by the Board atbhe Grid Tariff, or(b) (i) to require the Board to purchase the station at Bhe dab of d-dou~ at a price determined under the Fourth Schedule, and(ii) to purchase the whole of the electricity supplied M him by the Boardthe terms hereafter set out in this $chedule.,VI. Where a licensee exercises his option under paragraph V in terms of ,rlal~se (b) thereof, the Board shall comply with the requirement to phhas~.under cub-clnltse (i) of that clause, and the following provisio~~s of this Schedtlle,shall applvVII .is soon as practic~ble after the licensee has exercised his option as{aforesn~d, there shall be ascertained and agreed between him and the Rcard the!follo-..ring quantities in respect of each year of account subsequent to the dag- Ld clos~ug down, nume1y:-i(a) The masiinuln capacity of the station, that is to say, the maximumcapacity (expressed in lrilonratts available for supply to feeders) of sut-.L plantand works al)perc%iuing to the generation of electricity sl the date of closingdown as nrould have been available for reliable and regular comnlero~al oporat,loi3n the first day of the year of account. had the* stntion not been olosed dou~under this Schedule nlid hud no rephcelnent of any mnjor item of such phnt OX. works been carried out subsequent to the date of closing down.(b) Tlic nun~bes nnd size of units of 1,lant an6 n~orkr;, forming pny of'p,foreeaid plant snd- ~vo~ks, whit!) would hflve. ~eprese~~ted rcn~onnblo st,xndi \Q tile etation. a(c,) Tlro stn~~dby c;npacit,r of the st

$24aw 19481 EIeetricit,y (Supply) 33 2:. * .(d) The agreed effective capacity of station, thab is to say, bhe nuinlser .,:gi;3 .>,-.

'%

-.OF 19481 Electricity (Supply) 36 ;jdProvided that there shall be added zo such sum as aforesaid on ace.-*at afsuch purchase of the generating statioil or main transnlission line such retson.able compensation as may be determined by the Board having due reg~rd tothe fact that a portion of the undertaking is tn he. acqliired:Provided further that if the Board or t.he licensee is dissatisfisd with thesum so certified, the matter shall. in default of agreement between them, Bedetermined as provided in section 76.111. The scale of depreci~,t.ion referred to in paragraph I1 shall be in respectof the portion of the prescribed period prior to the date of vesting,---(a) for lx~ld owned under full title, including the cost of clearing the site, nil;(b) for other assets specified in the Table appended to the Seventh Schedule,the amount which n-ould be produced b3 the end of the said portion of theprescribed perid if during that portion an allowance were made annually onaccount of depreciation 111 sccordance with the provisions of paragraph Vl ofthe Sixth Schedule.IV. The auditor appointed under paragraph I1 shall be a person qualifiedunder the provisions of section 144 of the Indian Companies Act, 1913 (VlI oi1013) ti, act as an auditor of companies.V. The auditor's costs under this Schedule shall be shared equally by thnBoard and the lioensee conoerned.- -TRE FIFTH SCHEDULE(See section 41)ICharges for use by Bod,of transmfssion lines and main transmission linesI. The following charges and allowances shall be made in respect of n yearIof accouilt for the use by the Board of main transmission lines or transmissionIlines (hereafter in this Schedule referred to as lines), namely:-(a) the actual cost of maintenance of the lines, including renew& thereofnot chargeable to capital account:(b) sums paid in respect .of the lines for insurance and as rents, rates andtaxes (including super-tax payable bJ the licensee as a company but excludingother taxes on profits);_(c) the proportion of management and general establishment charges pro- -perly attributable t-o the lines;(d) any other expenses on rsveilue account properly attributable to thelines :(e) interest 011 nionej properly expended for capitd purposes (whetherdefrayed out of capital or rerenue) and attributable to the lines, and intereston such working capital as is properly atlributable to the lines:iPro~ided t,hat for the purpose of ascertaining the principal on which interestis payable uithin the meaning of this clause, there shall be left out of accountan? part of principal interest on which is charged to capital;(f) an allowance for deprecia.t.ion of an amouilt determined in rejpect of theLines ill accorda~lce wit,h t,he provisions of paragraph VI of tho Sixth Schedul?.11. If the lines are used partlp by the Board and partly by t.he licenseeowning them, or if the arrangcinent. for their use corlles into force or. (let-eriliinesotherwise Lliarl at t11e begii~ning or end of a yesr nf account, the cha.rges andallowances referred to in pnrngraph J shall be the proper proportioil thereofhaving regard to the use mr.de of t.lie lines by t11e 13oard and the period of sllchuse c1~11.illg the year and with the"addit,ion of tl:e cost of such additional trans-~:lission losses as mng 11rr.i-c- bce~~ illcurred by t.he licensee as n result of ttlcI!on:d's use? of t$he linc~s.1II

1 a6 Elect.ricity (Supply) [ACT LIVi111. For the purposes of clause (0) of paragraph I the rabe of- inter0s.t shallbe- i!$3(a) where the licensee owning the lines is a local authority, the average rate5.payable on the money raised by that authority for the purpw ool constructing ..;{Bbe lines;-i(b) in tang other case, 5 per centum per annum.Z. *jTHE SIXTH SCHEDULEi(See section 57)iBinaaoial principles and their application..I. The licensee shall so adjust his rates for the sale of electricity by periodi-..cal ravision that his clear profit in any year shall not as far as possible exceed5 &he a.mount of reasonable return:Provided that the licensee shall not be corlsidered t,o have failed so to adjust.his rates if the ~le~rprofit in any year of account has not exceeded the amountg.: of the reaslonable return by more than thirty per centurn of the amount of thereabonable return.-,F, 11. (1) If the clear profit of a Licensee in any year of account is in excess of%he amount of reasonable return, one third of such excess, not ,exceeding 'i9+ per*$ .cent. of the amount of reasonable return, shall be a.t the dibposd of the under-.-. taking. Of the balance of the excess, one half shall be appropriated to areserve which shall becalled the Tariffs and Qividends Crntrol Reserve and thehalf shall either be distributed in the form of a proportional rebate6g on the amounts collected from the sale of electricity and meter rentals or$ oarlied fcrivard in !he accounts of the . licensee . for distribution to t,he consumers"5.in future, in suchmanner as theGovznt may directyi~y $c (2) The Tariffs and Dividends Control Reserve shall be availa.ble for disposdL/.,- by t,ho licensee 0111~ to the ekkelif hy which Ilre clear profit ia less than thoreasonable ret3i?r,l? in a,ny year of acoonnt.(3) On tho puroha~e of the undertaking iinrle1. t,he tsrma of ib licence anybalance remaining Fn the Traiffs and Dividends Control Reserve shall be handedover to the purchaser a.nd ch Tariffs and Di-vidcnd~ Control , . *.hnrrt. hall Itr uiLe rc,fic:1-vi:s 01- irorn iile rcvcniieii of .rtaking a reserve $0 be called "Contingencies Reserve". - i) The licensee .shall appropriate to contingencies Reserve from theof each year of account a sum not less than one quarter ?f one percenturn and not more than one half of one per centurn of the original cost of . '~,': fixed assets, provided that if the said reserve exceeds, or would by suchbe caused to exceed, five per centunt of the original cost of fixedassets, no appropriation shall be made which would have the effect of increasing. the reserve beyond the sayid maxili~um.- (2) The amount of the Co~~tingencies lieserve shall be invested in securitiesautholised under the Indian Trusts Act, 1882 (Ilof 1882).V. The Contingencies Heserve shall not be drawn upon during the currencyof the licence except to meet such charges as the i d Government m yas being- ew.$(n) expenses or loss of proftt;~ :il.isin~ o1i11 of fiaoicleals, strikes or circunlstanceswhich t,he manageinent could not have prevented;(b) espeilses OII replricemenl 'or renloval of plant or n~orlcs oLher thanexpenses requisite for ~lori~lnl ~r?:tintena~~ce or- renewal ;. .(c) compe~lsntion paynble under any law for the time beil-I,: in force alldfor. whicli no o:!lr:r provisio~~made.1 I. ,?/A&. R: /I a r . 1 9~0.ri !...,. . 1.I

OF 19,441Elactricity (rSarp&)VI. (1) There shall be ahowed in each year in respect of depreciation of tixedassets employed in the business, of electricity supply such an amount as wculd,if set aside annually throughout the prescribed period and ~ccumulated atwrnpound i~ltrrest tit 4 pe.~ 00)Li.lb7)L pcr a)nr.utn, produce by thc end of thsprescribed period an amount equal to 90 per cent. of the original cost of theasset after taking into account the sums already written off or set aside in the., b k s of the undertaking. Annual interest on the accumulated balance will beellowed as en expense from revenue as well hs the annual incremental deposit:Provided thet, within 3 nlo~lths from the date up011 which these Principlesare enacted, a licensee may elect to adopt the. Straight-line met>hod of depreciationaccountTng in lieu of the compound interest rrlethod above prescribed.Straight-line method of depreciation accounting means the method whereby anallowance is rnade in each year in respect of depreciation of fixed assets employedin the business of such an amount as is arrived st by dividing ninetyper cent. of the original cost of the asset by the prescribed period in respectof such asset.(2) The year in ~hich any asset becomes available for use in the businessand the relative co~therwf shal!, in the, absence of satisfactory6U

Iilectricity (Supply)tshall be included in the cos't of fixed as,e(s for the purpobes of arriving at the-. capital base :Provided tllrl for tilt! purpoaos of tleprecintion under paragraph VI, the totaloriginal cost of construction of the service 1111es shall bs ta!{arl illto ~c?oo~lnt.-XIII. (1) Subject to the provisions of sub-pa~agraph (2) the ordinary remu-. neration of a managing agent excluding the offioe nllo-ivance mentioned in subparagraph(3) but including purchasing commission, if any, shall be based on aperaentage of net profits as defined in section 8'7(C)(3) of the Il~dian CompaniesAot, 1919 (VII of 1913), an6 shall not e-xceed-(a) in respect of the. first Hs. 5 lalrhs of s~~ch net profits-10(b) in respect of all net profits in excess of Rs. 5 lakhs-7per cent; an&per cent.(2) The amollnt paid to a ~~~lanagiag agent shall be subject to a rniilimumpayment 011 account of ordinary remuneration not exceeding two rupeesperannum for each conlplete thousa~ld rupee& of paid up share and debenture capitd,provided that for purposes of co~nputing the minin~um pa~ment should theshare and debenture capital be less than rupees five lakhs it shall be taken asrupees five lakhs and should the said capital be greater than rupees one croreit shall be taken as rupees one crore.- (3) An office allowance drawn by a ~lla~laging agent which shall include thesalaries and wages of all persons employed in the office of the nlaliaging agent, .but not the salaries of thc engineering staff employed for purposes of theundertaking, shall be a percentage of the operating expenditure and the cxpenditureduring the Sear c ~ f account on ~~l~itill WO~CS. The ofice allourance sodrawn shall not exceed--(a) In respect of the fi~st Rs. 1 lalrli of operating expenditure-4 per cent.Jn respect of the ncst Rs. 2 lalrhs of operating expenditure-5 per cent.. In respect of the next Rs. 7 lakhs of operating expenditure-2+ per cenk.I11 respect of all operating expenditure in excess of Rs. 10 lakhs-l* percent. ; and(b) In respect of the first Rs. 1-lalrh of capital expenditure incurre8during the year of account4 per cerit.In respect of the next Rs. 2 lakhs of capital expenditure incurred duringt,he year of account3 per cent.In respect of the next Rs. 7 lakhs of capital expenditure incurred duringthe yea.^. of account -14 per cent..In rmpect. of all ca.l~itai expenditure in excess of Eis. 10 lakhs incurredduring the year of s account-1 per' cent.Opexating expenditurefoPthe purposes of s;b-paragraph (3) (2) above shallulean the sum of fhe items of expenditure as definkcl- in sub-paragraph (2)(b) of'paragraph XVII wit,h the omissioil of those under clauses (i), (iv), (ix) and (x)thereof.XIV. Tlie l30nrd of Direct,ors of an undertaking shall not contain Inore thanLen directorsXTr. (I) Where nt any t,ime within three years l~eiore the next oplioll of purchGeunder ihe 1iccnc.e arises, the licensee proposes to lnalic any capit,alez-aenditure :i.liicl: escee-$6 t,\-vent.~-fiue thor.~sancl rupees or twa p c ~ ceil.tll?n. ofthe capital base, n'hichever is more, ili respect of which aug a~i~ount ~vor~lcl inthe event of purchnse unde~ t,he ol~tiol~ be pa.yabln by th* purchaser to tilelicie.~rrec,

OF 19481 Elect,rictty (Supply) 39t,he licensee shall, before giving effect to such proposal, apply to the Board orwhere no Board is constituted, the eiai Government for its concurrence.('2) If the Board or the as the nasa may ha, doognot witl~i~~ nnc mont]l fr~rln Ill8 ~'~~cipt 01 fiuch applioatiuu, wnsent to such exponrlit~il~e,the licensee ]nag refer the matter to the arbitration of the Autbollitg.XVI. Any clispute or difference as to the interpretation or any matter arisingout of the p!.ovjsions of this Schedule shall be referred to thn arbitration of tk.Authority.XT711. For the purposes of this Scheduls-(I) "capital base" means the sum of-(ii) the original cost. of fixed assets, snhject to tha provision of para. XI$in respect of service lines;(b) the cost of intangible assets;(0) the original cost of worlis in progress;d(11) the aniount of investments compulsorily made uncler paragraph IVof, this ScheduIe, together with such investmer~ts :n:..de before orafter the cominence~nent of this Act from contributions towardsdepreciation as may be shown to the reasonable satisfaction of theAuthority as being amounts which could not be or could not havebeen utilised by the undertaking under clauses (a) and (b) of thissub-paragraph ;(e) nn a~~lount on account of \rlorking capital equal to the suin of-(i) one-twelfth of the suln of the book cost of stores, materials andsupplies including fuel on hand at the cnd of each month of thsyear of account;(ii) one-twelfth of the sum of cash and bank balances and call endshort term deposits at the end of e~cE month of the vesr ofaccau~~t, not exceeding in the aggregate an amount equal to onequarter of the expe~~diture under sub-paragraph 2(b) 02 thisparagraph excluding rlauses (i), (iv) and (x);(i) the anlounts written off or set aside 011 accou~lt of depreciation offixed assets olld amounts written off in respect of intangibleassets in the books of the undertaking before or after the coIn7 -mencement of this Act, and(ii) the sn~ount of any loans advancePby the Board under the provisionsof sub-paragraph (2) of paragraph I of the First ScheduIs.the difference between the amount of i~coine ~ n d tho, sum of expenditure;plus specific approp~ia$ions. rnade up iil each case as fol1on.s.-(a) inco~ne derived froill-(i) gross receipts fro111 si11e of enexgg, ltiss discounts applicable ithereby(ii) 1.ental of nleters and otlicr a~jparatus hirccl to consumers;.(iii) sde x.lld repair of lamps :111d apl2n1.:1tus;(iv) rolts. lcss outgoingw~ot otlic+1.\i4se p1.ovided ior;-(v) transfer fees; . .(ri) i~lvesbrn;iii~, fixed anci call ~ic:!,osiis, nltd bank l;j.l.:,l?ces;\ I1, SLcL.c. jiN4rn./OSc.B

F Electricity (Supply) [ACT LIV{vii) other general receipts amui~tiable in the easessment of India~Income-tax and arising from snd ancillary or incidental tr, thebusiueas of ele~tricit~y supply.(bj expenditure incurred on-(i) generation and purchase of energy;(ii) distribution and sale of energy;(iii) rents, rates and tase~, other than all tax? on ineorc~t; and profits,(iv) interest on loans adv~nced by the Board under sub-paragrnpb jPfof paragraph I of the First Schcdule;(v) interest on security cleposits;(vi) lael charges;{vii) bad debts ;(viii) auditors' fees ;(ix) management includi~lg manag:lig ngenb' re~nuiiertbtiori ae providedfor in para. XIII;(x) depreciation, computed as hereinafter set put;(xi) other expenses admissible under the law for the time being inforce in the assessment of Indian Income-tax and arising fromand a,ncillary or incidental to the business of electricity supply:fxii) contributions to Provident Fund, staff pension, gratuity andapprentice and ot7her training sohemes.I t\e) sperial appropriations sufficient to covers-t(i) previous losses (that is to say excess of expenditure over income)which have arisen from the business of electrioity supply to theextent in any year actually' appropriated for the purpose in thebooks of the undertaking ;(ii) all taxes on income and profits;jiii) instalment~ of written down amounts in respect of intangibleassets and new capital issue expenses to Ihe extent in any yearactually approprialed for thc purpose in the books of the undertaking;provider1 that the amounts so appropriated shall notexceed the amount found by dividing the written down cost ofsuch assets by the number of complete years remaining beforethe next option of purchase under the licence arises;~(iv) contributiorls to the contingency refierve, computed as hereinafte;set out ;((v) contributions towards arrears of depreciation;(vi) other special appropriations permit.ted by thement.13) "debenture capital" meanscapitalraised against debentures or other instn1ment.s creating a charge orPierr on the csnetr of the undertaking.Ib (4) "intangible. assets" means --> ..i all!der~vrilcr's comnlissio:l and stlch prelimina1:y and proniotioilril eslxn8i-:8uri:,8hoxrr~i as a. debit in t,lie capital ~ccount of the ulidertaliing, as 11as fair11: .a::-Ircnf ir prolnot.in,g tllc bui;incss of electricity sugplj excluding sng ninorlnt. yeid on nccount of god:vili.

OF 19481(5) "ordinary capital" means-Eleet.lrcity (Supply)in the case of a company, the. anlouilt of ordinary onl.~ital paid up and abutable, tc.) the undertaking of bile 1' ~ccnsee;in other cases t,he net amount standing to the credit of the proprietorproprietors' account or accounts whether i11 capital, personal or any other accohowsoever called and properly attributable to the business of electricity sup(6) "original cost" means in respect of any asset t,he sum oi-(a) the cost of the assel; to the licensee,) includiilg the cost of delivery gEjand all charges properly incui~ed ill erecting and bringiilg the asseb-. @:*into beneficltr l us€,*~ *,*Z.d(bj interest charges on capital expenditure incurred from borrowed lnoueg- @and properly attributable to tho asset up to the date of hinging it, aillto use at a rate not exceeding average Reserve Hailk rate ruling ztji?:it that tI~11a pllrs one per cent.,3(c) a proper addition on accouilt of supervisio~l not exceeding fifteen ;s3:4per cen.tuwl of the cost referred to in sub-paragraph (a,),so however ~h;~t the ol'igina! cost of any asset shall not in any case exmi,& $9the original cost attributed ihereto in the books of the undertakiug.(7) "Prefel.enee Capit%alu means-The anlount of paid up capital ~ttributable to Lhe undertaking of the licensee,iusued on such preferred terrns as are sufficient to qualify it for such description.(8) "presoribed period" means--in respect of each of the assets specified in the table appended to the 8eveuli2,Schedule, the number of years or period specified therein, in reletion to suchasset, running in each case from the beginning of the yea,r of account. next followingthat in which the particular asset became available for use in thebusiiless :Provided 'that, on the application of the licensee, thement may vary the prescribed period in respwt of any assets in usewher, this Sci~eduie comes into force if, having .regard to the physicof such assets the applica.tiol1 of the table to such assets would be LIAny question arising out of t,he decision of the bM7Governmsuch application shall be referred to the Authority for arbitration.2. 1(9) "reasonable return" meansinrespect. of any year of account,, tlie sum of the following:-%+(a) the an~ouut found by applying the standard rate to t,he eapital base.at the end of thal year;(b) the i~lcolrle derived from investments other than those made u~rdepparagraph IV of - this Schedule;(c) an amount equal tO one half of one per osntutn on any. loails advance&by the Board under sub-paragraph (2) of paragrnph T of the Firs8Schedulo.(10) "standarcl rate" means--5 per. ce?itulrt.(11) "writ,tcl~ dov~:r~ cost" mealls-oligi:lal cost less t11e n~l~ou~lts set asidr. x vqrjtbe:; oE oil nccount of dcp~ecifi..$,ion in +.he bdo;:: -4 tb?. i:~!4~rkikiug,/-.WLA. A;) b.4. /95d .A*%::*

. .Elactricity (SzappLy)TEE YEVENTR SCHEDULE(.See section 68 and the Fifth and RighLli Schedules)Depreciation of assets -I. For the purposes of this Schedule--3. (a) "financial year" msans the financial year of the owner of tho aseeir2 -concerned;"*, (b) "original cost" and "prescribed period" shall have the meanings Gs.- pectively assigned to them in the S~xth Scheduh,F.11. (1) Save as povided in the Fourth and Sixth Schedules, Bhe scale of depmiationapplicable to the assets specified in the Table appended fo tbie(Johedule in any finnncial year, and proportionately for my portion of s finanaialTear, shall be un allowance of such amount as would if made annuallythroughout tho prescribed period and accumulatzd~ at compouid irlteirest at therate of 4 pe.r centurn. per annum produce by the e!ld of the prescribsc! period.an-amount equal to 98 per cent.um of the original cost of the asset.(2) Such allounnce &all cease at the end of tbe prescribed period or whentb asset ceases to be used for the purposes of the undertnking, whicheyer isarlier : ./TABLE(Sea alw section 57 and the Fourtb and Sixth Schedules)Description of -setNumberof yeers orperiod4. Leml vwned udr fyll title , . r . . .8. Land held under lease-. .(a) for in~es&neut in the land;bj for caat of oleatkg sib- The, period of thelease, >or the*$ re-%smelmng unezpirad ont& assign.mgnt of the. - !ewe.. * . 1. . . . * f ,. Tha period of theIlesas mainingunospid& the date ofoletaring tho .Bits.(2) Pl.y~t E Y - ~ x~lir:hinory in g*ri9?1lin~ statiory inc1iicii:lg p!nnt.fountbGnrm---(i) hpb-ddatcio . .. . / Thkty-five . .

Numberof y-s or'(ii) steam-electric . - ( Twenty-five.(iii) dieml-electric . . . 1 Fifteen..fb) Cooling towers and oirculatu~g water systems . . . I Thirty..to) Hydra.ulio works forming part of R. hydro-electric eystem,including-(i)&US,spilwsya, weirs, canals, i%inforced concreteflumes and syphons(~i) reinforced concrete pipe lines und surge tanka, steelpipelinm, sluice %tea, steal, surgo tanks. llydruliocontrol valves an$ other hgclmullc works . .~{d) Buildings and civil engineering aorlrs of a permanent cbarttoter,not mentioned above,-I.Ond hunc&&$arty.% .(i) oflices and show-moms ,. 1 Fifty.(ii) containing thermo-eleotric generating plant . . I Thirty.(iii) conwining hydro-electric generating plant . 1 Thirty-Eva(iv) Lsmporary eratiom emh a. woodb.? stuctuns. . I Five.I(i) tr&n$ormera (including foundations) having a ratingfej+tWonnera, tmmformer kiosks, sub-atation equipment andothzrr bed appmatua (tnciuding plant foundatLons)--of 100 kilovolt amperva ~ n over dI . Thirty-five(ii) others . . / -by-five.f)ibhgoear, including cable connection^ , . I TmnLy(8) Batteries . ] Ten.in) 41) Underg~ound oables including joint boxes and dknneotiagbaxes. ,I Forby.(2) Cable duot systom . : . I sixty.(d) Overhead lines, including supports-(i) linos on steel or reinforced concreta aupportfl, operatingat nominal voltages higher than 13.2 lalovolts .(ii) other lines on steel or reinforced concrete supports .(iii) lines on wxd supports{j Meters .Belf-propcUed vehiclo8 :(I) Statio machine tools(m) Air-conditioning plant ,(i) atatic .(ii) portable .(n) (i) Office furniture find fittings .(ii) Oaco oquip~nentIO ) Appn~at~lot OIL hm,-(i) otho; than mot os:i)iuotora .Thirty.knty-fivo.Tmenty.E'ifhn.Seven.%ventS.

-- --..IDe8criptioa uf aeoot44 Electricity [S~rpply) . 1 ACT I,IVN~lmberof years or-. periodD. Assets puccllasod second hand and assets not othcrwiee providd for inTableTHE EIGHTH SCHELJUTJE(See the First and Third Schedules).: rsth3~etermfnation of cost of production of electricity at generating StattonsI. the purposes of the First and Third Schedules, the cost of productionof electricity at a generating station shall be ascertained by calculati~lg@ and,taking into account the following costs, charges and allowances in respect of .,the year of account, namelg':--expended for fuel, oil, wa.taiq and stores consumed, for salaries andwaqes, and any contribution by t-he licensee for pensions, providoi~t fund, superaMua,tiona,nd insura~~ce of ofEioors and servants, for repairs and rnmllfenance 'and for rerlewals not chargeable to capital accouilt;(b) sums paid fn ro~peotl of the station for insurance rind as rents, rates andtares (including super-tax payable by t:he lioeneco ~s a company but excludingother taxes on profits) ;(c) the proportion of management and general establishmerit chwgos properlyattributable to the station;(d) an1 other expenses on reveilue account propevly attributable to thest~tior~;(e) interest 011' money properly expended for capital purposes (whet.lxer defra?-edout of capital or revenue) and attributable to the station, and infercst011 working capital properlyo attributable to the station and the production ofelectricity therein :. Provided t.hat for the purpose of ascertaining the principa.1 on which interes%is within the meaning of this clause, there shall be left out of acco~~ntany part of principal on which interest is payable out of capital;(f) an a.l.lowance for depreciation of an amoulll deter~nined in respect of tllstakion in accordance with the provisions of paragraph VI of the Sixth Schedule.11. For the yurpmes of cl~uae (e) of paragraph I of the rste of inkrefit. &fill' be- --(a) on such psrt of the p~~lcipnl on which interest i~ payable withill tulcsning of the said clause as has been advanced on loan by the Board rindpnragraph T of the Pi~t.;t Schedule, thr acLual rate c:llsl.ged bp the Board plFne-il$lf of one pcr cnnt?r?n per annuln on t,he loan in the year of accotllrt.:(b) on [.he h:ilsnce of t,he finid prilicip:r!-----(i) ,,;!lc?c tilt, licc~~scc. on nil~g I;hr ~t.rjtinn i,? a locnl ~~~ttlo'iit~, ~ 1 n\~p~~gc) ~i,nyablr: in tile. yenr of account fin w e Inonny rr.ised by iil~lf :;l)iJj,;l.j[s fO1 t.1f,ilrposes of the ~t:~t.ion;(.;;I iZi e,i:j- !:"!ir? c.a.Pe, ~ $ ~.~!;tii:%7air: rt%nwi,i,"Such reasonablew, 1/ C tdetermines ineach case hwving regard tothe nature, ageand conditionof the wet attho time of itsP(41:tho owner.,

Elect ricity (Supply, 46THE NNINZ'H SOHEDULli,(See the B'irst Schedule)Allocation of costs of production at generating stationsI. For the purposes uf tliis Schedule-(a) the average load Psclor of a station shall be expreseed as a parcenbga,cild sl~nll be asarl:ai~~.ed by ri?ultiplyIllg the i~urnher of lrilonratt-hours suppliedfroin the station during the year of accou~ll, by 100, and djvidiug the productso o1,l:tirled by the product, of Lhe average rtiouthly r~~asimum demand multipiiedby lhe irumber of 11o11rs during which thc st,atiorl war; in corx~tnission int,hc jear of account,;(h) t

Electricity (Supply) [ACT LIV OF 1'3481100(0) mlarifu1 wd wage6 . . -lOOf 0'88 L *-' (d) oost of repairs maintenanoe and renewale100 a. - loo+ 0-0001 NL;whore-L=the average load factor of the station ;-. N=the number of hours during which the station was in oommieaion in theyear of acoount.IV. The amount of the difference between the costs of production at a gene-: rating station ascertained in accordance with the EGhth Schedule and tfie fixedcosts in respect bf the gear of account determined in accordance with this Scheduleshall be allocated as "running costs".V. The foregoing provisions of this Schedule shall not apply in any casewhere it is agreed between the 13oa.l.d a.nd the owner of the station that the oircumstancesor conditions of operation in the station, whether temporary ' orcontinuing, are such that the said provisions ought not reasonably to be applied;and in such case the alloca.tion between fixed costs and running costa shall bemade iq such 'manner as the Board and the said owner may epee.i

A$T No. LV of 1948(Rmairad the assent of bhs Gout;rnvr (rmer.al on the 10th September 1948) 1An Act further d;, amend the Indian Income-tax Act, 1922.w \i;HEREAS it is exped$nt further to amend the Indian ~ncome-tax Ao0,.,922 (XI of 1922, the purposes hereinafter appearing;It is hereby enacted as f lows: -1. Short title.-This Act qay be called the 1ndia.r) Income-tax (Amend-- "ment) Act, 1948. 1> . &:2. Amendment of section 15&, Act XI of 1922.-In sub-section (1) of section $16B of the Indian Income-tax Apt, 1922 (hereinafter referred to as the said 8bet), afker the words "in respec6

, xW~bnl~~Act No.LVI of 1941ASS& BY THE UOMINION LEGISLATURD]YRocaioed the assent of the Gouernor General on &he 10th Bepiember I&)An Act to provide fqr the constitution of a Territorig Army.Army ;it is oxpedieht to provide for the constitution of a Territo~islIt is hereby ellacted as follows :-1. Short title, extent and application.-(1) This Act may be calLed &he:Territorial Army Act, 1948.(2) It extends to the whole of India and applies to all classes of persons iqJhe Territorial Army, wherever ,they may be.i2. Definiticn~.--;In bhis Act., urdees there is anything repugnatlt in the sub- 'ject or context,-(a) "cn~~olled" means e~lro~led in the 'Territorial Army under the provisionsof this Act;(6) "officer" means an oacer of any of t$he two classes specified insection 5 ;(o) "non-commissioned officer" means n person holding a 11on-commissioned,rank in the Territoijal Army, and includes an acting nos-.commissioned officer ;(d) "prescribed" means prescribed by rules made under this Act;(o) th6 expression "regular forces" means officers and other ranks who,1,y their commission, terms of enrolpept or otheiwise, are liable to rendercontinuously for a term military service under the Indian Army Act, 1911(VIII of 1911); and(f) all words and expressions used herein and defined in the IndianArl-cg Act, 1911, and not hereinbsforedefined, shall be deemed to have the&eanirlgs respectively attributed to them by that Act.3. Constituticn of the Territorial ~rma.-41) There shall be raised andmaintained in the manner hereinafter prov?ded an army to be designated theTerritorial Army.(2) The Central Government may constitute such number of units of theTerritorial Army as it thinks fit and inay disband or reconstitute ally unit soconstituted.4. Personnel of the Territorial Army.-There shall be the following classaa.of persons in the Territorial Army, namely,-(a) officers; dnd .(b) enrolled persons.5. Officers.-Officers in t,lle Te~ritorisl Briny shall be of the two followillgala.~ses. 1lameJ~,-; ,(n) officers holding co~~irnis~ions ill ijhe ~brritorixl Arlzly gral~tcd by theo overn no^--General. qitb designa.tions of rank coi.responding to those of Indianco~nt??icsio!led oficere ; and(bj junior ~ommissio~~ed of~cers holding cornmiuaiol?~ ill' tl5c TeYritoria].A I.JTI~ gmmlted 12): t.lie (;o\-c~*noi.-C;el~c~a.l with &eci;:11:1,!io:!? of ranli conesit ! r - n - ~ - i i i oflici.;.:! ci':./.e c 11 r! ci I ' or I $ !? ii

.. . .

OF 19481 j l'erritorial Azny 8.-inferior k that of a Presidenoy,Magistrate or ashall try any offence made aunishableby or under12. Presumption as to document3.-Where an enrolled pcir~lon b.required bg or inrule madc under this Act to attend at anyplace, a certificatesigned by the prescribed officer steating thatthe person soto do sn in accordance with such requirementshall, without proof of the signature oi- eppointlnerit of such officer, beevidence of the matters stated t&~rein.13. Persons subjeot to this A&, to be deemed part of regular forces for cert-.,purposes.-For thg purposes of se&bions 128, 130 and 131 of the Code of Criminal.13rocedure, 1896 (V of 1898), all bfficers, nor:.-commissioned officers and oiherenrolled perscns who have been atta~hed to a unit shall be deemed tobe os~es,non-commissioned~officers and soldidp respecti.vely of the regular forces.14. Power to make rules,-(1) T& Central Government may make rules b.carry out the purposes of this Act. :,:(2) In pwticular, a~nd without prejudice t,~ the generality of the foregoingpower. such rules may-(a) prescribe the manner in whjch, all-d the period for which and. the.conditions subject to which a.ny persbn may be ,enrolled under this Act;(b) prescribe the manner in whicb ano the conditions subject to whichofficers and enrolled persons may be lled out for service, or embodied fortraining or for supporting or for suslernenting the regular forces orattachedto any regular forces;?%(o) prescribe preliminary and perio&ictil military training, compulsoryand voluntary, for any enrolled person abd provide for the embodimeut cRany unit for that purpose; i(d) define the manner in which and tbe conditions under which axenrolledperson may be exsused from training;(e) the authorities by which ,and. the conditions subject tcl,whioh enrolled persons may be discharged u'nder section 8; '(f) prescribe the authorities by which offences under this Aet may be.punished and the fine inflicted may be recove~ed;(9) prescribe the officers by whom aerticetes may be signed under~ection 12;(h) generally provide for any other matter tvhich under this Act is tobe or may be prescribed.15. Bepeal of Act XLVIII of 1920.-The Indian Territorjal Force Act, 1920.(XLVIII of 1920) is hereby repealed.

\\~ct No. LVlI of 1948[Boc;e;zted the assendi9f the Governor General-on tho 10th Beptsmber 1-an An tb the Mim Navy (DlscipWe~ Abt, 1934.iEEREAS it is nec&ssary to amend the Indian Navy (Discipline) 8%-W AW ,@4CN 04 1%f), for the pwpe 6- appar&16 is hereby enacted as gllows: -lr short title.- his A.ck bay be called the Indian Navy (Dii.cipl&$Wenclment Act, 1948.a2. Amendment of section aval Discipline Act (29 and 30 Vict., 0. 109)u net forth in the First Sc o the Indian Navy (Discipline) A@, 19M...-iLn regulation 7 of section ,5 fiaval Discipline Act, as set forth ,in t&emt Schedule to the IndianAct, 1934 (XXXIV of 1934), for&e'words "the president is a"the pre~identj is w substantive- ol aoting commander': shell8. Repeal of Ordinance V of 1@.en$ Ordinance, 1948 (V of 1948)":i i

An Act to pmv;.de, in purbuance of an agreement with Paklstqn fur the exehyeot prisoners, for the transfer of certain prisoners from Indig to Pakista~and the reception in India of certain prisoners from Pakistan, 1llEhY all dgrealrlelt, has been reached between the Go~~erurnel~t of. lilclict the G-ovzrlirnellt of l'nitistail for the c?r(.ilttl~~;,t! oi' c:clrtrti~) c:lttrscz:i, l'~i*ix~-~~~n~s \.,r.t,\vcc~i tllo two c;ount~'ies .. ;Asu TYHEBS-IS it is I)~~C~:YS~:.~ to l)l:oyiiii: i~: ~-I~~I'su:I!I(:c~ (if 1112 said njircc,tnc.,nt !Ifor bhe transfcr of certain urisone~s from India to Irs;!l;ist;~~l tind for the rt~ei)tiol- -2 , i11 India of certain prisonerr, from Pd.kistn!~;1It is hereby enacted 3s follows :-i1. Short title and extent.-(I) Tilis Act. li?;~? 116 cailt,!l t11e Excli~nge of !-l'risoners Act. 1945.(2) It qxtends to tLe whole of Iudiq.2, BeBnition~.--In this Act, unless &ere is anything repugnant in the subjector contiex&,-I(a) "prison" ~nc.,l~?des all1 sltbsirl~ary jali, j~~d~ciril loclc up 01, lrvlioe 1- loc1i-up9 :111c1 :trig p!i~cc ~1sc11 Lor thc custoclg o: person.. who ,Ire orderrrl toIbe debained under any law for the time being in force;(b) "prisoner" means any person committed to custody in a prisoll oror before the 1st day of August, 1048 under thc \\rib, warrant orordcr of any Court or authority other than a civil Court or Coi~rt-maPtitii,of this Act, and. .(ii) ir~.the . Central: Oovernine~it inay specify by. notificatidn in the,:. officialGneet.t.c who, ljtii~ig 3 3311slitr1, .Is willing tb be tralkfefied to :k'ak;rb-- tnn under the provisioils of this .Act?. *Y+3. Issue $ Wamn.nts for -transfer of prisoners.-The '. I -Cinv.cn~n~cl-timay issue a war*l.alit addressed to tho officer in charge of a prison tn cielive~ tothe person p~eseiililig Mie warra.nt any tranfiferable pris011er confined or detaiilcdkhe piison, to~~ll!eil ~vitlil all (lit: reflords relnting t,o such p~siso~itr hn'd t.lir5persona.l cffclc.l:> f:r~l [? r;i,

have or exeroise, iu relation lo the psisoner, ally jurisdictia~~ i11 ~~espocl a6 thcoffence or other matter which was the cause oi his confinement or deteiltion inthe prison.6. Lawfulness d custody and retaking upon escape.-I$ ehall be lawful f o ~any officer ot Pakistan to \\horn the custody ot a i~lisorier is delivered uiider tfitprovisions of section 4 to :eceive and hold iu?bubtody such prisoiler and tosonvey hirn out of India, aad if the prisoiler esc al.es trom such custody with111Inditt he ulriy be retaken as a person accuse \ ot ,111 otfence may be retaken uponan escape.7. Transfor of records relating to transferable p.iSoner8.--Where a prisoner!d is or is to be transferred to Pakistan under the ~;~ovisions of tliis Act, thec=. . Government may requisition tile record (!I i:iiy proceedir~gs, 11~1udlngsroceedings, re ating to that l>risonrr horn : I I I ~ (hurt or otfiaa, ;tfiddirect that such record shall be sent to the Go\re~~~rnent of Paliistttn or thetj overnmeut of any Province in Pakistgn8. Prohibition of return to India of transferred primers.-(1) NO persotwho has been transferred to Pakistan li~ider the ~~rovisio~s of th~s Act shalireturn to India except with the permiss~on in wr~ting of the Central (iovernment(2) If any person contravenes the provisions of sub-section (I), he shall lit:punishable uith imprisonment for R term which lr~ay extend to three years,and if, at the time of his transfer to Pakistan, he was undergoing a sentence ofimprisonment in India, he shall further be sentenced to undergo the unexpiredportion of such senten'ce without taking into account any period for which hemay have been detained or contined in Pakistan sfter the transfer.(3) If at the time of his transfer to i':tliistan, the person c~nt~ravening theprovifiions of sub-section (I) was undergoing trial in any Court in India forany offence, he shall, without prejudice to the pcovisions of sub-section CZ),be linble to be tried for,-zuch offence by the same or any other Cou1.t havingu-j urisdiction :QProvided that if such perkoil has, before his 'return to India, been triedfor the offence by a Court of competent jurisdiction in Pakist~n and convictedor acquitted of the offence, he shnll not t:? linble to be tried again for the sameoffence by any Coui-t, in Fdia.9. Reception in India of prisoners transferred from Pakistan.-(1) TheCentral Go~ernment may, by general or special order, specify ths place orplac3s at which, and the officer or officers to cr~hom, the custody of prisonersconfilled or detained ih Pakistan is to be delivered in pursuancf of tile agreementi.eached in-this besalf bst\veeii the Governnleilt of India and the Governrnentof Pakistan.(2 It shall be lawful for any such officer as aforesaid to receive and hold incusto d y any prisoner so delivel.ec1 and lo convey such prisoner to _any prison inM- of India for being dealt with in accordance with law; and if theIlrigonor escapes from such custody he may be retalcen as a person accused ofan offence against an Indian law U~RJ be retaliell upon an escape.10. Peepeal of Ordinance VI of 1948.-(I) The Exchange of Yrisoners Ordinance,1948 (VI of 1948) is hereby repealed(21 The repeal by this Act of the said Ordinance shall 1101 afl'ect thP ~1evi01;scpe~ntion thereof, and any order made; action tr,l;en, or tl~ii~g done, in theofRn-j poners conferred by or under tho mid Ordinance sbnll for a11puq)oseefi be cleemec! to have 1)ecli m:ide, t:ikeil orb doiie iri the exercise of;,,:Ken; conferrer1 hv tlli!, Act as if this had ccrmmei~ced on SFIP, 9f)th dax,xc .t,pril, 1[ ,-+; -b:j,;- . < , I, a\, - 2.5 4;- -3 2%

Al;t No. LIX of 1948BY THE DOMINION ~QISLATURE](Received thee GOV~T~OT Gene~al on the 10th September 1948)An Act further to &end the Indian Cotton Ces. Act, 1923.WHEREASit is expedieh further to amend the Indian Cotton Cess bat,1923 (XIV of 1923), for $he purposes hereinafter appearing;It is hereby enacted as fol!bws:--1. Short title.-This Act mG be called the Indian Cotton Cess (bendment)Aot, 1948. \.2. Amendment of section 3, it XIV of 1923.-In sub-section (1) ofmeotion 3 of the Indian Cotton C ~ Act, S 1923 (XIV of 3923) (hereinafterreferred to as the said Act), for t e words "two annas" and "six pies" theword0 "four annas'hnd "one amis shall be substituted respectively.8. Amendment of section 4, Act'~1~ of 1923.-In section 4 of the saidact;,-\(a) for items (viii), (ix) and fx) the following items shall be substituted,namely :-i"(viii) nine persons by the Central Government torepresent the cottonof whom two shall be nominatedto represent thetwo to represent the industry inBombay, two tothe United Provinces,~ twoto represent the Provinces and Berar, andone to represent the industry in Fast Punjab;by the Governmentsof the followingUnited State of' Gwalior, IndoreUnited State ofRajasthan, the United State of Viqdhya Pradesh, the Paiiala andEast Punjab States Union, the! United State of Ksthiawar(Saurashtra) and Baroda; and" ; and \i (b) it& (si) shdl be renumbered as item. (x).4. amendment of sedion 12, Act , XIV '\of 1923.-In sub-section (21,d section 12 of the said Act, after the words

Act No. LX of 1948[PASSED BY THE DOMIXION LEGISLATURE](Received the asseizt of tlze Govemtor General o'rt tlze 20th Septenzber 1918)dln Act to provide for the speedy acquisition of land for the resettlement of dis-~ ,.a. placed persons.HEBEAS it is expedient to provide for the speedy acquisition of land fc@W the resettlement o-t displaced persoils and for matters incldenial thereto;It is hereby cnacted as follows:-1, Short title and extent.--(1) This Act may be called the Resettlement ofDisplaced Yerso~lo (Land Acquisition) Act, 1948. $Gceods to. .h &&&p&r-,. -3nitions.--In this Act---(a) "competent authority" means. .the Collector and includes any. other person appointed by the l&%amxd Government, by n o t i f i e a m ]the official Gazette, to perform all or any of the functions of a competentauthority under this Act ;(b) "displaced person" means any person who, on accounb of thesetting up of the Dominions of India and Pakistan, or on account of civibdisturbances or fear of such disturbances in any area now forming part ofPakistan, has been displaced from or has left hia place of residence insuch area after the 1st day of March, 1947, and who has subsequentlybeen residing in hdia; and(c) "land" includes benefits to arise out of land, and things attachedto the earth or pennanently fastened to anything attached to the earth.3. Notice of acquisition of land.-(1) Whenever it appears to the(tovernment that it is necessary or expedient to acquire speedily my=the resettlement of displaced persons, a notification to that effect shall be publishedin the official Gazette stating the area and the boundaries of the Imdpropased to be acquired and the date on which such acquisition will be made,an$ the competent authority shall cause public notice -of the substance of such:notification to be given at convenient places on or near the land to be acquired.-(2) Nothing in sub-section (I) shall empoww bhe W ~overtlment foacquire any land which is being usecl for the purpose of a school, orphan$&,, orhospit:ll or is being used exclusively for the purpose of religious worship.4. Service on owner or occupier affected by notice of acquisition.-As soc:,as may be after the publication of the notification under section 3: the competentauthority shall cause to be served by registered post on the owner of thelend and also on the occupier in cases where the owner is not in occupation ofthe land or, where the person to be served ie 2ot readily traceable or theonrnersliip of the land is in dispute, shall publish in the official G2zette,notice stating the particu!~~ specified i r ~ srrb-section (1) of section 3.5. Vesting and taking possession of land.--(1) When a. notice of acquisition3s served or is published under section 4; the land sl~all vest-absolutely in t,hc~~~.i~xid~~cverlline~ltfrcd?r~1-enCUmT;~~6-0113hiTat tGlotice is sa'aervocl or publieher1 ill the official Gazette.(2) T1:e competent authority mag, at any time after t,lie laud bas Ijecr?lno so~ete~t-gd, proceed to take possessioll thereof :' *?I

tF 2 - Reseic:lr~ept _4t Displaced Persons (Land Acquis~fion) [ACT LXYxovided that such authority shall not take possession of any building or:Cyart ef a. buildillg under this sub-section without giving to the occupier thereofleast forty-eight hours' notice of his intention so to do, or such longer notice[ .&i may be reasonably sufficient to enable such occupier to remove his movableproperty from such building without unnecessary inconvenience.bk6. Objections to acquisiti~n.~(l) Any person interested in any land whiohphas become-vested in the &eiwwd Government under section 5 may, nithinone month from the vesting thereof, file his objection, if any, to the acquisitioqbefore ths competent authority and such authority may, after making suche:lquiry as it thinks fit,, either dismiss the objection or release the land in respeafir oi whic:h objection has been filed from acquisition.(2) If any land is released froiii acquisition under sub-sectioi~ (l), it shall bedeemed to revest in the person originally entitled thereto and any encumbrance,swhich may have been extinguished under section 5, shall revlrre.g 7. Method of determining compensation.-(1) Where any land has been$: acquirsd under this Act, there shall be paid compensation, the amount of ;vhich-. %hall be dete~mined in the manner and in accordance with the principles herernstterset out, that is to say,-(a) where the amount of con~peilsation can be fixed I-, agreement, iOreached, the Rw&eid Governqualifiedfor appointment asin any particular case, nombnowledge as to the nature and conditioil ofarbitrator and where such ilomination iesated may also nominate an assessor for the(d) at thc commencement of the proceedings before the arbitrator, the?Loviiiciai Gaveriiment and the person to be compensated shall state whati11 their respective opinions is a fair amount of compensation;have due regard to thand Acquisition Act, 1894-to in clause first of sub-sectiond to be the market, value of suchder section 3. or on the 1st daycent, whichever is less:Provided further that where such land has been held by the owne? thereofuilder 3, purchase made before the 1st day of April. 1948, but after the 1st dayof September, 1939, by a registered document, or a decree for pre-emphionbetween the aforesaid dates, the compensation shall be the price aciually paidby tlie pur~li~~ser or the anio~mt on ~ayinent of which he may have acquired the'ialicl in the decree lor pre-emptioii, as the case iilay be.(2) ?'lie arhitj.ator sllnll, in arvarding any ~ompensatio~~ uurlcr tlu5 section,-apportion the cmount thereof hetn-eel) such persoils. if anv, as inn) appear tokill7 to be ~iit~itled thereto(3) AII 31~l-mi silnil iic to the lliigi~ Zouri froul the n\\-rn.ci oi riic ar\)icrc. final(I) Spx I :.- I,: o\ ided ill tlliq se~tion ~lotl?inr, in an\- 11r.i;- To? tl1r fi,,rc t,cillE inC ,l L' ;, , I< r,t'l, ~ ~ < * i l c , t ~ , 1 1: '1 ;\ sL( i,o-,./ \ , # i , 8 i

&F 3.9481 Resettlsrn.erzt oj Diapiace~l Persons (Land Acquisitiw) t8. Payment of compensatiou..--The compensation awarded shall be paid b~:.&he competent authority to the person entitled thereto accbrding to the awm:~l'rovicled that nothing herein contained shall affect the lia.bility of any person-who *LI:I;J receive the whole nt :illy part 01 a.q compensation a.waraeG u~der thiaAot to pay the sn.me to the persoLl lawfully entitled thereto.9. Power io secure information.-Thegetent auihority may, with a viewuncler thL Act, by order, require .any.may be specified in the ordcr suchAand that rnay be so specified.10. Disposal of land.--S~iijcct to such rules a+ may be mads by %he'd Govenlnient, the fiompetent aulLurity may use or deal with any land.aoyuirad ~ d e the r provisions of this Act in such marmer ancl subject to suehaqnditiorls as may appear to it to he expedient for the pilrpose of resettliag disglacedpersons :Yrovide'd. fjhnt no displaced person to whom any land has been allotted mderthe pxovisions of this section shail transfer such land to any other person exceHwith the previous consent of the competent authority.11. Penalties.--\\7hoever. wiliully obstructs any person in lawfully taking,possession of any land under this Act or refuses to furnish any infoiv~rla;tion ar*required by section 9 fiha.11 bo p\lnishsblc with itrlprisonment which mt-\.y rrtendone ruonlh or with fine whic.h may ~st'end to fifty rupees or wilh both.12. Exemption from stamp duty and fees.-No award or agreement under%his Act shalf be chargeable with stamp duty, and no person claiming under. -any such award or agreement shall be liable to pay any fee for a- copy of thesame.13. Protection for action done in goad faith.--No suit, proseoution ur otheriegal proceeding shall lin ngaincl any person for anything which is in goocl faithdone or intended to be done in pursuance of this Act or any order made thereunder.14. Power to make. rules.-(1) The d$!%$&?'Governrnent mag make rulesto carry out tht) objects of this Act and for the guidance of officers in all mattem.co~lnected with its enforcement.(2) In particular, and withont prejudice to the generality ~f the foregoingpower, such rules may presaribe-(a) the manner in which land acquired &der this Act may he uocd urdealt with;(6) the procedure to be followed in arbitrations under this Act;(c) the principles to be followed in apportioning the costs of proceeding^before the arbitrator and on appeal.15. Repeal of Ordinance XX of 1948.-(1) The Resebtlemellt of DisplacedPersons (Land Acquisition) Ordinance, 1948 (XX of 1948) is hereby repealed.(2) Notwithstanding such repeal, anything done or any action taken inexercise of any power conferred hs or ~lnder the said Ordina~lce slial! be cleemed% have been done or token ill exercise of th? powers col~ferred bv or 7:nder thieAct, as if this Act had commen:ed on the 2nd day of AIIEIIS~, 10M.

. ..'.--*.eyhd./q"- : ~*-..~%\.+t~411~.,~~.~~~~*.;(~rp,-q2-'-,3.Ad,.+h.2 4h%k,56 d&9~, -. . . -. ., .+. 4C -. -1 :,j?> p .%22. 4*.;.. : .i'c.s'?ACT No. LXL of 1948-dL2d[P,ISSED BY T H ~ UOMINION LEGISLATU-m](Received the assent of the Govsrnor Gfine~al o'n the 20th Sspfember 1948),' Bn Act to provide for the development under Central control of the raw sillsindustry and for that purpose to establish a Central Silk BoardHEREAS it is expedient to provide for the developmenti under CentrdW control of the. raw silk industry and for tha4 purpose $0 es@blish aCentral Silk Board; ~.It is hereby enacte3, as --follows :-' '.. .... ' L -.":* . ',1. Short title and extent.-(1) This Act max be called the Central Silk 3Board Act, 1948. w--the~tbta a-3 (J. of India and also to any Aoceding State ;'$(d) It extends to dl the a E-for which the Dominion Legishture has for the time being power to makelaws as respects the developmeilt of the raw silk industry.2. Declaration as to expediency of Central Government's control:-It ishereby decla,red that it is expedient i11 the public interest that the Central Governmentshould take under- its coiitrol the development of the raw silk industry.3. Definitions.-ln this Act, unless tht~re is anything repupanti in thesubject or context,-(a) "Board" rneans the Central Sill: Board constituted under this Act;(b) "charkha raw silk" means raw silk reeled from silk worm cocoons.with the help of any instrument not wollred by power;(c) "filature raw silk means raw silk reeled from silk wojm cocoons. .with the help of any instrument worked by power;(4 "power" means any form of en.?rgy which is mechanically trans-. I!. mitted and is not generated by human or animal agency, and includes..Ielectrical energy;I(6) "prescribed" means prescribed by rules made under this Act; i;(f) "spun silk" means silk yarn spcn from piereed .or spoilti cocoons,.Ifluff from cocoons, pieces of silk, noils, or other silk waste;J(9) "Standing Committee" means the Standing Committee of the iBoard constituted under sub-section (2) of section 6.!-' -.'4.--6onstitution of the Board.-(I) As soon as may be after the commencementof this Act. the Central Governmept shall, by notification in the officia:'" Gazette, constitute for the purposes of this' Act a Board to be called the ,1Central .Silk Board.(2) The Board shall be a body coi-porate by the name aforesaid, having- Iperpetua,l succession and n conlmoll seal, with power to acquire, hold and dis.pose of property, both movable and imtnova,bl~:, and to coiit+ract, and sha.11 by- jthe said name sue and be sued.el+.=---- *A ,@,;in the CentraE-=0 ;II.. .~ ! .[

.h ~wsi* ~ yiz>9r3-(Fv*g &,& . 8-4- -+AS A.L,'&{ i@ 3kig -2-2 , *IT'-+ &\ .* *. @&i* Cent~aiTtikfL. . NJ 1zb-n-A s i : ~ p ~ . ~ n r b . ~ ) c ~ ; ~ .Bm7d [ACT LXI-1I -JB "P-iE Governme* of15bBP

(2j Without prejudice to the generalitg of the foregoing proviaios, tnemurm referred to therein mag provide for-(aj undertaking, assisting or encouraging scientiuc, teohnologiml andeconomic research;(b) devising means for improved methods of mulberry cultivakionrearing, developing and distributing healthy silkworrc seecis, reeling I,EsilkY,i:orm cocoons, improvinl: the quality and production of raw silk* ifnecessary, b;y making it con~~ulsoe for all raw sf& to be marketed onlya!kr the same has been tested and graded in properly equipped raw iiikoonditioning houses ;@"$.'(c) the supply of technbal advice to filature and oli.arkha reelers;(d) improvi~~~ tho lnorhelng of raw silk;(e) khe collecCio~l of statistics from such persous as may be pr@ed.(3) It shall also be the duty of the Boar&- '---------(a) to advise the. Gentrdl Government on all mabters relating to %development of the raw silk industry, including the import and erp& ofraw silk;(b) b submit Bo qbre Central Gov~lllmeht and such &her auW&as may. be prescribed half-yearly reports on its divities and 4hs tvmh-of this Aet;I(c) m prepare and furnish such other reports relaking t-o thedudry aa may be required by the Central Government from tjm k time.9. man of a8 Board.--(1) The C&trird Cbvmznenb ahall hm -.to time make g ~ nh the Bozd of diioh sums a~ the Central Governmenk mayconsider necessary for enabling the Board to exercise its powers and diecharpits duties unda this Act.'-1(2) The. f\inds of She Bard &hill be liapt in such bank, or invedd in cr& fmanner, as may be pwwribed, ad& shall he expended by the Board only in ?tho performance- of ib funobiom under @iis Act or for meeting such .i&.are aukhorised by this Aat or by rules m& thereunder. 310. Im~UOn of on. certain kinds of silk.-(I) With @ed1 fmm ?such dabe as fhe Central Government may, by nofiikation in the o£ficial 1. ., Gazette appoint, there &all be levied and collecbed as a. cess for the purpw jof this Act a duty of exoise on all filature raw silk, .and on a11 spun silk, reeledia the territories fa vhich this Act for the time being extends at such rate 1RB the 4Central Govarnment may, .by rmtiiication in the official Gamt618, from time a01- time fix.4(2) The said duty of excise shall be payable by the reelers of f~lnbure mwgilk or spun silk and sh~l! be paid by thorn to the Board within one monk,hborn the date of the receipt of the; notice of dcrnnild fro111 the Roo,rd in that bellali.i(3) Thk seid ;Iut\- of escise 1na-y be recovered ns if it wevc nn mo:rr afland revenue.(4.) Fcir the pavpoe of enob:ing +!:e 13c~z?.>;,.>.,,>:..': , -. ,, . ..'., , , ,,, >,: ,: ,; i:j,,.; :.,,>: ':.i.;.{:i c,y , , ,,. . !: :;' ,,'......'. . .I'i' 5 . . '.'. :. . .. ..., . ' ,,.. ..,..., !>.", , :,-,, :?: '!,:, ;,tj,,:;, ii;,i,'-.l.,'..~

-.-A-C-,4 Central Silk Boa~d [.ACT LXL(6) Any raeler feeling himself aggrieved by an assessment made under thissection may, within three months of the receipt of the notice under sub-section(R), a,pply to the District JiPdge or such other civil judicial officer as may beprescribed, for the cancellation or modifica't,ion of the assessment; and suchDistrict Judge or judicial officer shal!, afte; giving the Board an opportunity ofbeing heard, pass such order as he thinks proper; a,lid such orcler shall be final..-.71. GontroL by the Central ~overn~mt.-(1) All acts of the Board shap \be subject to the control of the Central Government which ma.y cancel, suspend \Ior modify as it thinks fit a.ny action taken, or order passed, by the Board.(2) The records of the Board shall be open to inspection at all reasonable , c-,times by a.ng officer authorised in t.his behalf by the Cent.ra1 Government. +< 512. Accougts of the Board.--(I) The Board shall .keep such accoun%s, aridin sach manner and form, as may be prescribed, in respect of all moneysreceived and expended by it.(2) The Board shall cause the accounts to be audited annuallj. by auditorsappoiiited by the Centra,l Government, and the auditors shall have the powel.to disallow any item of expenditure whicll in theil: opinion has not been properlyincurred for the purposes of this Act..? . ( 3 ) The Central Government may, on the application of t.he Board, allowany item of expenditure disallowed by the auditors under sub-section (2).13. Power of Central Government to make rules.-(1) he Central Gov- ..ernment may, by notZcatio:> in the official Gastke, make rules to carry o ~ tthe purposes of this Act.j'the d-'e , ~-d ~llaii~tenance of ohers of ths Board rj: . i; . .:., .,,-:. -.,,(' , !,)! 0,:. ;,(,:.,-3;, .i];;:: cj! j!:!;,:>!!::: .;:: .,;.,: ,::,,~L~;... ,. . . 4I:,.\ , 4:., ; ,.. T.>,,L.; . :.. *$:i:-

(n) the registers, aLd otherStanding Committee;(0) the manner 111(P14. ~enalties.-$tf any person-- .!&(I, 3(a) in any return to be furnished under this Act makes any statemeaiwhich is fa,lse and which he knows to bo false or does not believe to betrue, org (b) obstructs rtuy oflicer of the Bosrd in the exercise of any power,conferred, or the discharge of any duty imposed, on him by or under thisTi) having the control or oristody of Liny &ccount book or other record,.m3ngms fails to produce such book or record when required so to do under this Act,L I I..-nQrQoaP Act, r Or'8 he shall be punishable with imprisonment for a term which may extend to, ,>,, one year, or with fine which may extend to one thousand rupees, or withboth&15. Prosecution to be with consent of Bentrcl Government.-No proseoutionfor any offence punishable under this Act shall be instituted exoept by, or wi&the consent of, the Central Government.of legal proceedingsao suit, prAeoution or other led *&-the Board, or any member or officer of the Board, for anydoneor intended to be done under this Act.-j,4

'(. I&&. 1949,Aa.N~&&. Mn.F-3 (I13 ) - 21/46, /g-/a-&, $.gj.~~.,~4~p , /AS 7.il /(,C> =, -4 < ,fi Lj &

PkgReserve Banlc (T~n?lsfe?. !a PILBIIC 0toner.shrp)4. vacation of offioo by existing o#ae bearers.--Oil the appointed da,y'allgperson who immediately before timi diiy mas holding office as a Director of tl;~Central Boa.rd otherwise tha.11 as &aei~nor or lleputg Governor or ni $rtlemb.jr of a Local Board of the Bn~ii shall \.l-icnte his ofice, :md the Ceiit.r;l,Bsard and the Local Boards of thc Aank shall thereaft.er be co:lstitut.erl in. t81i#manner prescribed by sectiolis 8 and! 9 of tlls jjrinirii~nl Act :IS a111~liOi:d IIV i!?igiAct. #5. Interim arrangements.--1'elldiug thc coiisti!ulio~-1 ,of the~ d e sectior~ r 8 of the principal Act as ameilded b? this Act: tlle Govei:~lorthe Ba,nk, or in his absence n Deput? Governo~ of Iihe I3anlr dulyhim in this heldf, may, siibjeet to s~lch restrio+;ionr and ecmdibiolis as uro; floftime t9 time be imposed by the Central Gov~tnmenl, exercise 2111 powers, ail.do all act,s a~ld things whtch nla? be exercised 01:. done.\~;n tlle Rnnk. $6. Rule-making power.-(1) The Central Govcrninent may, by ndtificatiofin the. official Gazette, malie rules for the pi:rposc of giving effect i:o Ihc ob.jc!cfof this Act.(2) In prticular and without prejudice t,o tl~~. gciieralitg of tlie foreKoilipower, such rules may provi'ae-(a) for the manner in which and tl~c ,il~ltll(:rit:>l by wllich conlheilsatidshall be paid under section 3; and(b) for thc dctel~minetion of p~~~sons ti> \\>lio~n rtninpensat,ion is so pn.able.g :w ,THE S.CHT,DULIE(See sectioil 7)Amenan-te.rtts to the ;Ycscr.c:: Halt?.: of 7~1d:in Actj 1934:5 ' Section 2.-In clause (d), oqit "silver"..1. Chapter E1.-111 the r beading for ''SHARE CAFYI'AT," s~~bstikt:. . :'CAPITALD'; -:fc. For section 4 substitit;uP;e following, na:n~elg:--c:.g .."4. Oapital. of the ~ank.--~he caj~f~.~ 7f the 'Bank shall be five cro:. . .of rupees'.'rd.Omit' sccfion 6.f.t"or sectioil 7 substitute, the follo;ving, ]-tamely:- -"7. ~ana~ement.-(1) The Central Goveriln~ent may froin time'time give such directions;to t8he Bank as it may, after coi~sl~ll.ntion \~~illlCB- Cdorenlor of the Bank, coilsides neceg nry in the public interest.Ft, (2) ~ubjec~ to anx such directions, the general s~il~c?rint.ei~dcncer'direition of the affairs aiid busine&s of tlle Raillr sllall be entrusted tc6Central Board of Directors which may esel:cisr, all llowers, nllii do a11 :aii6 thkg~ ~hUfc!i nay be everciaed or done 13; t.lx B2i;!i.a. '(3) save as othemGisel p~ovided. ill regulat.ions illaclc by %he CerBoard, the Governor shall have full powers lo tramact -all the businer223c Rnnlr nlhicll i1.1ny hc t

!?)F 194811Zesa~vc. Ea~rlr (Ti.cl~~sfe~ Lo Publio Ownership)(b) io* Directors t,o be irnlriliiated by the Central Gnvemn~urit,0126 froxi eagh of $he four 1,ocal ~Ronrds :is constituted by section 9;4,.,\(c) six . ,rectors Lo be no~nini~ted by ?he Central Government;- and(d) one &vo.nrnent official tr, bc nominated by t.1~ Central Govern-merit,. " :(ti1 lo,. lidic! ~~1:011(3 I\~.II'~I~IYI~~~' \:mrnely :-!.of sub-fi~Cti011 (4) ~111)~~i~ll~c fjlie, fo!lowln,n,"A I)irectola niirnip;~t~ed under clause (c) of sub-section (I) shall, ~1bjrc.l:the provjsions of sub-section (6), hold office for n period of four years." :{ili) after sub-sect-ion (4, the follon~ing sub-sections shnll bt. :i?ded, nainely: -"(6) Out of' the sixi,,Dii.ecto~.s first noininnt.ed under clause (c) of s~~bsection(I), two shnll retire at t,he end of ,one. yen?, two fit- tlie end of tux3years and the 1~stwo atrt'he end of three ,years, the Dirqi.ors so to l.etil-cI~eing det,ermincd bg lot,.-(7) A ret'iring DirecBo~~ shnll he eligible for re-nomination".For section 9 subsi;it:ute tihe follo~vi~~g. nnmelg:-"9. Local Boards, their "~onstitution and functions.-(1) A Local Boardshall be constituted for cnch'5,of the four. arms spenified in 1 FirstSc:l~cdulc and shall consist of qvc: n1emb~i.s to be appoilited by t,he Centralc?overnment to repyesent, as fAy as possible, territorial and economic inter.esLs and the int,erests of co-ol~&.~atire and indigenous banlrs;\ 1(2) The members of fhe T~o+~al Board shall eleci: from :\mongst themselvesone pelSson to be the chniym?n uf the Bon1.d.i !(3) The n~embe~s of the~.ocA$ Board shall liold office foi" a term of1four years mid shall he eligible for iFe-~ppointment..114) A Local Board sl-.a11 advise 'the Central Board on such matters as jmag be generally or ~pec.ificaIly refen+d to it and shall perform such dutie~ ;RE the Central Board niay delegate ha:, it.. ". I .'Section 11.-\i(i) in sub-section (1) for "i,ominn2?d or elect,edJJ, substitute "other"and omit the proviso; i(ii) for si~b-section (2) substilx~te t~he5\+following, namely :-'"(2) A Direct.or nomina%.ed undo. clan& (b) or clause (c) of sub-sec;iion(1) of sect,ion 8 shn.11 cease to hold office if4>:'i7i7it;hout 1~ave fro111 the CentralIBoard he ahse~it~ himself fro111 th~-.-?r cpnseeutire incetings of the Board .,convened ui~der slib-section (1) of section 15:";,(iii) ill sub-sect;ion (5) the uiordz "aphointment" snd "or election"in two places shall be omitted.Section 12.-(i) omit sub-section (2) :fir'! ill sub-scct~io~~ (31, oinil the -nrorils "c>t~l~e?nrisc'..thal! by %he oc-currense of8 C ~ C ~ ~ Iin Cthe J ~ oflicc of a I3ii.zdor e!i..ni.crl I?:,- t,l~i: ]-J~,C:I~ noarrl". :113(1 idle l~rord"qnfllified"-, :~n(l for tl!e ~vord "el~ctc~rl" s~~l~s!it,\~te tl& word "ot!le~~";(iii) ill sl.ll>-sb.c,i joi! (-I), To!, {,11c ~yord:: r:a~!~!nc!ir.i!l=\ nrit%11 '"11 t.!?c r::lr(. qf .I~t~i:l eildi!?_n. it!: fhc \rcvdc "fo? W1c clc.ctio11 trf 1-1-1e111bcrs(-,f T,~(>;;: " s~il>?,{.ji,lj{ e i.1:~ IT~o~,,!; "!I? 111 P Ck11f.,

Gnlit sections 14,'$5 am1 16.'.g In clause (3) of sedtion 17,-t . (i) in sub-clauke (a)? for the word ' sterling" substitute the words"foreign exchange"':.L(2) in sub-claus (b), lor the words "the UrliSed liingcionl. aubs~tute&- the words "ruy country out-side India mllicfi is a 1nernl:er oi t,Ile Illtei.-6 national Atczetary Ednd" ;;:;(iii) omit sub-cla.use (c),. .$ect,ion 18.- ,It: (i) in the first' paragraph, omit the ~~ords "or, where the powers" k and functions of the Central Boa.rd. under this section have been delega.tedto ci .committee of +he Central .B.oard or to the Cfoveimor, in theg opinion of such Oonlmittee or of the Governor, a.s the case may be," ;tig. (ii) in clause (2) for tJle word "sterling" substitute the wqrds "fork- . eign exchange" ; andt(iii) omit the proviso.F.section 24.-After the ~vorcts !,'denol~lina.tioi~d 17-aiues of" insert the words1. *.two rupees,''.Section 33:-. .-.s6P(i) In sub-sections (I) and (2), for the words "sterliag securiti'es" substitutethe words "foreign securities " ;.&F&- (ii) for sub-section (6), substitute the followiag, namely :-"(6) For the purposes of this;s'ectio'h, the foreign securities which may,be held 6s past of the assets sha1l:be securities of the following kinds pay- .+,able in the currency of auy foreid1 oouney which is a 'member off . the ._Trikrnational Monetary Fqlzd, na4ely : -(0.) Is-alances at the credit if the Issue Department with the bank. . which is the principal currency autloit of that foreign country, or,if there is- no such bank, with Fay bank incorporaied in that foreigiicount1.y ; 5(b) bills of excha.nge'bearing tpo or more good signatures and drawnon 2nd payable at- any piact., in :that foreign couiltry 'and having amaturity not exceeding ninety dafs; and-(6) ~overnmeit securities of t&t foreign .c.oui?try maturing withinfive years".Omit section 35.Section 30.---111 sub-~ection (.2) for ihe ixord "five" substitute the word"two".For 47, substitute the following, namely : --"47. Allocation of suqins prof%tSt$.--4fter malting provision for ba,dnlld doubtful debts, depreciatioil in assets, ~ol~tributions to staff and super--. au~-i:~:~tic.i~ funds and such other continge~cies as are usually providedfor by bankers, the ba1aj;ce' of thc profitsi;sball bc paid to thc Centrali(;overnment."1,Scctiol! 4R-Omit. the pi.oviso i.o sub-section (I) and omit sub-sci:lion '(2).1: For sect,i:j:~ 50 substill!te the follon-ill?, ~l:ii~lciy :i~ , < .-F:,C), audiiors..-.--(l) ?!lf,1,3:i G;>~C;:~L;I>?(:;I~-..I. . , , . , ,:, ,,. ,.:.,:!; ._, . . ..I .:\I ;-!*,>!,: ,.;.:', ,., yz ,: s;j,:~l> (c;;.,!.! ?,:.!j. $ % ~, .,,. > ! I t '! & . ., . c,rLy -.,~, -! . ... .- - .: :. ,:3 :;,,.. --- ;-..;z.::,2,; ; (:..;,, ; .;.:., ,, ' . ,, . . . , ;., ?: : ;: .. ..,/ L. . ,>./.:. . Z.~. ,.. ,,.,.,..>,>\'C ,, . , . . .:. 11 :.! '.' !:'.~ >

OF 19481tkese7zre B@qk (l'ransfe~ to PubGc Ownership)I0ection 51.-Omit the words '$r such auditors as it thinks fit':.Section 52.-In sub-section (2t-.. omit the words "to the shrtreholdars or","as the case may be" and "Any su& report made to the shareholders shall bcread,together with the report of t4e Central Board, at the mnual generalmeeting"., iGection 53.-Omit enb-s'ection (3). ':.Omit sections 55 and 58.?.', iSection 57.-Omit sub-section (2j. \,Section 58.-In sub-section (21, omit clabses (a) to

SIOTIONY ,2. Interpretetioa3. References 60 time of dsy4. Power to declare depe&mente to bI7. Notice by occupier 1 ii18. Inspe&m~ s ~ ~ STAFI? R T Q9. Powers of Inspeators ,10. Certifying surgeone\I, CHAPTEB~ TII11. Cleanliness12. Dispoeel of wagtcs and 4uepta13. Ventilation and bempwature14. Dust and fume15. Artificial humidifiletiont.16. Overcrowdingt17. Lighting \18. Danking water k19. 'Latrines and urinels20. itto to on>-.\i I ICHAPTERSAFETYi.,-*,21. Fencing of mechinery22. Work on or near machinery in mo.tiont23. Employment of young persons on dangeroue aohines .,24. Striking gear agd devices for cutting off power "I, .25. Self-acting machines \, . .26. ,C&sing of new ma6hi!lery127. I?rohjbition of rrnployment of women and chi1 ran near cotton-opaler.sF'28. 31okt6 md lifts .29. Crailks and oth7r lifting maohinery\30. Revolving machineryb3 1. Prep~ura phnt32. J.?loors, stairs, and ~llecr~ls of accass\ i33. Fib, sumps, 0pOnir1,ga in floors, ekc. ti. ! ?PT~CZ As. 3 or M.15ik

EFiii2 FactoriesSBCTIONSk ,-.P4. Excees~ve xvelghts1-3 . Protection of eyes;-C \ 36. *recaut~ons against dangerous fumes737. %plo%ve or mnflammable dust, gas, etc.LTP38. Pl?ecautions in case of fireb39. Poqar5to reqoire ~p3~ihcat10~~ of d~f3:tive ~3it3 Or teds of stability5- 40. Safeby of buildings and machinery'41. Ppwe~=,to make rules to supplemsnt this Chaptert + I Ik ltkL9,C W E R VW~LFARE43. Washing facilitiesB ' 43. Fasillties for storing and drying clothingBi,/ 44. Fac~lmtlos for sitting45. Flrst-amd appliances. 46. C. nteens.C 47. Phelters, rest rooms aqd lunch roomskc.-- a *48. Crechos49. Welfare officers '\60. Puivur to maku rulue oo 3uppluruunt thta Ch&p~ul

Ia'973. Reg1 ter of child rrorkers B71. Hours ~f WJ~!E to corr3spsL~d with notica und?r section 72 ani regist& under section73 \. Power togyqdir~ 1.1eclical examination76. Power ° to y e rnla77. Cartitin othefi revisions of law not barled< P, * CHAPTER VITI-b78. Ap?lication of chap;$79. annual leave with wag1+ -$0. Wages during leave periox81. Payment in advance in certkn cases82. Power of Inspector to act fo>~$rker83. Power to make-rules'84. Power to exempt factories \ \SPEOLAL PR~+~~NS \.85. power to apply the Act to certain premiaes '.\86. Power to exmpt publio institutione87. Dangerous opertionsSS. Notice of certain accidentsi89. Notice of qertain diseases, 90. Power to direot enquiry into cases of accident or diseaseii91. Power to take samples , --*, . OFJAPTER X 1,- "!AND PROOEDURB - 1PEN'BLTIES@i. \i. 9~. General penalty'for offencesi;.93. -Liability of o:xn?r of 3remis43 in certain circumstancesI94. Enhanced penalty aftcr preVi0us convictioni95.' penalty for obstructing Inspector96. pnnalty for,~vro~;:fuliy disclosing results of analysis under sect,ion 91.f. -\.97. Offences by workere98. penalty for using false certificate of fitncssgqq % . . penaltv for~ermitt.iing doublo o~uployriient of child. ,inscio in scion nf occupier in certain cases: \ i -~ agl?16.5. ~~061,izfi:~e oCfi>~icn~ ' . = 'iioG, ~.,~?,li~;:c~i,,~~ of :.~.~~~scc~:~i:>:?~ ?.\,\j{'

8 TIONS-.ex107. peals108. Ilklay of noticest109. Servib of notices110. Returns -- '.CHAPTER XISUPPLE~~ENTAL OF I94811 1. Obligations M workere\.112. General power to,pake rules113. Powersbf Centre tot&ve dirdirione114. NO charge for facilities'end oonvenienoes116. Publication -of rules116. Application of Act to Coverwent fa*ori%6,117. Protection to pereons aoting under this Aot118. Restriction on disolosure of inforhation118. Amendment of section 3, Aet XXVI of 1938120. Repal end savingsTHE SCBED.UL60I*

(Rsnaiaed the assent of the Governor pene~al-on the 23rd September 1948), An Acito $onrolidates and amend the-law regulating labour in hcturies.WHER~S it is expedient to cons&date and amend the law regulatinglabour n factories;'tas fol1owe:-CHAPTER IShort title, ex+tand commencementoff.',\~ C . e . b the - 1st day of April, 1940.2. Interpretation.-In this ATt, unless there is anytbing repugnant in %hesubject or context,-& \(a) "adult" nleans a persd:i who has completed his eighteenth year ofjage; ., \. .%.4;(b) "adolescent" means a who has completed his fifteenth gem ::,of age but has not completed(c) "child" means a person whohas not completed his fifteenth gear ofage ; 1(d) "young person" means a perso4 who is either a child or an adoles-,,cent;i(6) "day" means a period of iurenty:fQur hours beginningtat midnight; '(A c'wbekJ',means a period of seven kngs beginning at midnight onSaturday night or such other night as maq be approved in writing for apwXicular area by the Chief Inspector of Faqtories;( ) "power" means elecbrica! energy, 04 any other form of energywhictis mechanically transmitted and is not geherated by human or animalagency ; \ e.(h) "prin~e mover" means any engine, motor\oy other appliance which ,generates or othe~twise provides power;(i) "transmission machinery" means auy shafti wheel, drum, pulley,system of pulleys, coupling, clutch, driSing bell 02% other appliance or .device by which the motion of a prime mover is tranipitted to or received*by any machinery or appliance : %‘1(,j) ''machiiiery' ' includes prime movers, transmissiop machinery andall other appliances whereby power is generated, tran~h~rned, transmitteclor applied;(k) "manufacturing process" means any process for-- '., '. -ti) mnlring, altering, repairing, ornamenting., finish?^^, packing,coiling, washing, cleaning, )malting up, deinolishing, or other&jse .treatingor aclaptiag any article or .substaace~witli a view to its ;use, sale,transport, delivery or,disposnl, or \., I.~i6-~.'.h~;~.n./r/~;~.Z..Scl-L5./j.3*)Se-1,. E 6 A,--. 3q3 ( 9511 ii3*ij>,7/..47c/).

keLE-Aruvuu~ LUJia[ACT LXULIla) pumping oil, water or sewage, oraiiii generating, transforming or transwitting power; or!b ( ,)"printing by letterpress, lithography, photogravure or othersimilar' work or book-binding, which is carried on by way of trade orfor purGoses of gain, or incidentally to another business so ca~ried on; or(v) ~onstructing, reconstracting, repairing, refittin& finishing orbreaking up ships or vessels;r(1) "worker" means a person employed, directly or through any agency,Lwhether for wages or not, in any manufacturing process, or in cleaning any7- part of the mashinery or premises used for a manufacturing process, or inPany other kind of work incidental to, or connected with, ths manufacturingprocess, or the subject of the manufacturing process;+- (m) "factory" means any premises including the precincts thereof-,,(i) whereon ten or lnore workers are working, or were working onL -any day of the preceding twelve moaths, and in any part of which sf,%, manufacturing, process is being carried oil \vith the aid of power, or" it32.ordinarily so carried on, or(ii) whereon twenty or more workers are working, or were workfing on any day of the preceding twelve months, and in any part ofwhich a manufacturing process is being carried on without the aid ofg. pwer, OF is ordinarily so oarridd on,-k* but does not include a mine subject to the operation of the Indian Minesiat, 1923 (IV of 1923), or a railway running shed;(72) "occupier" of a factory means the person who has ultimate controlover the affairs of the factory, and where the said affairs are entrusted to nmanaging agent, such agent.shal1 be deemed to be the occupier of thefactory;(0) "managing agent" has the meaning assigned to it in $he5IndianCompanies Act, 1913 (VII of 1913);g =F -. .(p) "prescribed" means prescribed by rules made by th%iF . Government under this Act;ent' o -[ - '2P r o v i m e

5., Power to exempt during p,ublic emergency.--la any case of public emergencythe Pi-ovincial cfovernment mag, by ilotlfication ln the ofticla1 Gazette,irom a11 or am) oi the 1 ~ ; ~such conclit~olls us it nldy t!:.iilcProvided thath such notification shall be made for a period exceeding threeI months at a time.\6. Approv~l, and registration of factories,--(l j The ProvincialGavel-ument -(a) requiring' the \revlous perrrilssion in writing 01 the ProvincialGovernment or the chi& lnspector to baobtained for the site on which thefactory is to'be situated ahd for the collstructiol~ or extension of nny ifact012or class or description of isctorlcs;, (b) requiring for the pul: ose of ccnsidering spylicatious ior sucli permissionthe submission of plapst' -.a3d specifications;(c) prescribing the nature gf such plans :p~)ld specifications an l L I ~whom they shall be certified :(d) requiring the registration qild licelising of factories or any class ordescription of factories, and prescrl nlg the fees payable for such .regiskra-- tlon andjicensing ancl for the rene.cv$ of licences;,.+(e) requiring that no licerlce shal1,be granted or71:renewed unless thel~otice specified in section 7. has been giSg~.(2) If on an 'application for . permission re,ferred to in clause (a) of subsection(1) accompanied by the plans and specifications required by the rulesmade under clause (b) of that sub-section, sent to the- or Chief Inspector by registered qost, no order is caant within three months from the date on which iapplied for in the said application shall be deemed to. .--, (3) Where a -er;iment or a Chibf Inspermission to the site, constructiorl or extension of a fact-and licensing of a factory, the applicant may ~vithin tsuch refusal appeal to the Central Government if t. . . .was of -the w ~ o v e r n m e n an-Government tin anyother case.Explanation.-A factory shall not be deemed to be extendecl within tliemeaning of this section by reason onl~ of the replacement of anv plant ormachinery, or within such limits as may be prescribed oi .the additioil of anvplant or machinery.'7. Notice by occupier.-(1) The occupier shall, at least fifteen days beforehe begins to occupy or use any premises as a facpy, send to the 'Chief Inspectora written notice containing-R ,94-p(a) the name and situation of tthe factor?:(b) the name and address of the o~c;~ier;(c) the address to which comm~~nications relating to the factory lllsg -b2 sent;(d) the nature of the manufact.i~ring process-. (i) carried on in the factory during t-he'last twelve months in the .case of factories in existence on .the date of the commencemellt of thisAct, and%(I!) to b: carried on in the factory during the nab twelve n~onthsj11 tlle case of all factories;(e) the natu~.e and quanlit~ of pover to be used;

i 4 a Factories5 .b) the ilaJllt: ot ttle Ftna~~ager of the lactory tor the purpancs ofAct :pa(9)-the ilymber of worlrms likely to be. employed in the factory; /*i; i;(h) the average number of workers per day employed during. he last- twelve months in the case of i factory iii existence on the date ofthe com-c mencement; of this Act; ,'? . ,/5 (i) such other particulars as ma;y be prescribed. ,A'k(2) 111 respect of all establishments which. come within tbd'scopc of the Act$ for the first time, the occupier shall send a writt,en notice tdthe Chief Inspectorf-containing the particulars speczed in 'sub-section (I) wi@n thirty days from8. -R the date of the commencement of thiq Act.s-. .(3) Before a factory engaged ill a rnanpfacturiag pfocess which is ordinari!y- carried on for less than one hundred and eighty workifg days in the year resumesj;, ,working, the occppier shal1,send a written notice tohhe Chief Inspector contain-. ing the particulars specified in sub-section ( 1 ) y thirty day3 briore the date4. of the comniencement of work. $ 5,-t(4) Wheriev~r a new mailager is appointed ithe ,occupier shall send to the.2. Chief Inspector a written notice within seven .Jays from the date on which suchperson takes over charge.-[ (5) During any period for which no pe~ion has been desigllated as mahgert,.of a factory or during which the person dekignated does not manage the factory,I ally person fotiiid acting as manager, or jf noguch person is found, the occupierhimself, sha!l be deemed to be the drlager of the factory for the purposesFof this Act.:ir .8. CHA~TER 11@. -. i$ , THE IN~PECTINC~ STAFFiGovernment may, by notification in the3.s possess the prescribed qualifica.tion tos Act and may assign to them - such local.9'iilotificatiorl in the official Ga,zette,iho shall, in addition to the powersAct, exercise the powers of an In-business carriedunder sub-section (I), sub-section (2) orointed, shall continue to hold ofice, whoted in a factory or in anp process or't or machinery connected therewith.Ee an Inspector'for his district.Goveriimeilt may -also, by notification as aforesaid.t to be additional Inspectors-;for a11thin such local limits as it; may assign to__-._. ___--.-..-----..-Flaspectors than one, the--oresaid. decla1:e the powers which suchcl the Inspector to wliom the prescribed&F$-,g, ;~~(;d. A!$ A.O.15i56.ector sllall be cleteined to be a publicn Pena,l Code (XLV of lSGO), and shallity ,as thc~-+:~loviixkt4 ?+.,

-.. . \41. lY48j F~cto~es 5of Inspectors.-Subject to ally rules made in this behalf,1vith:n the local, limits for, which he is appointed,-enter, with such assistants, being persons in the service ofor ang loca! or other public a.uthority, as he thinks fit, 'anyor which he has reason to believe is used, as a faob.)~(b) m k examination of the premises, plant and machinery, requirethe productio, of any prescribed register and any other documqnt relatingto the factory,Land take on the spot or otherwise statements of any personawhich he may *usider necessary for carrying out the purposes of this Act-,(c) exercise ;vh other powers as may beJ prescribed for carrying outthe purposes of thl~ Act:Provided that no pe\i,son shall be compelled under this section to answer;any question or giv& an$+.evidence tending to incriminate himself. .. .10. Certifying s~r~eow'.~(l) The d ~ o v e r n m e n t .,qual-ified medical practitionkrs to he certify,ing surgeons fo.af this Act within such local limits or for such factory or clas.of factories as it may assign $0 then: respectively. "'.(2) A certifying sulyeon bay, with the approval of . theernment, authorise any qualifi~d medical practitioner to exercise any of hispowers under this Act for such\period as the certifyiag suygeon may specify;and subject to such conditions a~; the J3xwk&dGovernment may think fit toimpose, and references in this Ad! to a certifying surgeon shall be deemed to-include. references to any qualifiedjmedical practitioner when so authorised.+(3) No person shall be appointedkf be, or authorised to exercise tne powen.of, a certifying surgeon, or having Byn so appointed or authorised; continue40 exercise such powers, who Is or beqm-es the occupier of a factory or is or* becomes directly or indirectly interested\therein or in. any process or busine?carried on therein or in any patent or connected therewith or is ,otherwise in the einploy of the factory.k. \(4)%he cerhifying surgeon shall carry mt';such duties Bs may be pres,ci-ibedlip connection with- \,\(a) the examination and certification ~f\,~oung persons under this Act;i(h) the examination of persods engaged hq factories in s;ch dangerous- occupations or processes as may be prescribed$I(n) the exercising of such medical supervis:.n as may be prescriL?eedfor any Eactoi-jf or class 01: description of factorie 1 \wherei(i) cases of illness have occurrecl n:hich it\js reasonable to believeare due to the rialure 01 tile manufact.uring Brocess carried on, orother conditions of ~vorl< prevailing, thereln; Z I1,(ii) by reason of any bhanae in the manufnct&,ing nrocess carriedon or in the substances used therein or by reason bf the adopbion ofanj new inanrifact~rin~ process or of any new subskvce for use ina manufacturing process, there is a likelihood of iftj\ury to thehealth of workers cmpldyed in that inanufasturing process.;\.,(iii) young persons are, or ?IT aboiit to be, rrnplogcrl i!;\h%2i. v,:o?I:which is likely to cause injury to tliei~: health.,\. Ezpln~zuiio~i..-In this sect'on ."q&lifiecl meclical practitioner" me& a, .person holding 3 qualificatio~l grfmted by an xuthorit~g spccifird ill tllc ~chcc?~,le30 the Tnilinn fiCedicnl Degreest Act, 191.6 (VTI of 1016), or in the Scl~eilules to 8.the Indian I\,ledicnl Council AcL, 1033 (XXVII of 1033). 13/.&Lb.-A~!fl.8./C)$".1iII

P'acto~iesCHAPTER IT1i lk~,Cleanliness.- (1) z!very factory shall be kept clean a.fd free fromeffluvia %%S~~?g frcjm any drain,, privy or other nuisance, and in .p@ticular-(a)&,cumulation of dirt and,i-efuse shall be removed daib by s~eepingpr by any hther effective- method frorn the floors ancl benches of wo!-kroomjand from stajrca.ses and passages, and disposed of in a suitable manner;- (b) the floor of every workroom shall be cleaned at lei~st once 111 everyweek by washidg, using disinfectant, where necessary, or by sorrle otheleffectivernethod ;-(c) where a flo~r is liable to become wet irl the course of any manufacturingprocess to such extent as is capable of being drained, .effectiverneails of drlinage shall be provided and maintained;(d) all inside walls and partitions, all ceilings or tops of rooms andall walls, sides and tops. of passages and staircases shall-L-(i) where they are painted or varnished, be repa,inted or revarnithedat least once in every period of five years,i,, (ii) where Wey are os varnisl~ecl or where they haresmooth impervious surfaces, be cleaned at least once in every periodof fourteen months by such method as may be prescri:.r,d;(zit) in any other case, be kept white~~~ashed or colourwashed, andthe wbttewashing or colourwa~hing shall be carried out at least, oncein every period of fourteen months;(e) the dates on which the processes required by clause (d) are .cgrriedout shal! be entered in the ~rescribedareaister.- - .I . .(8) If, in view ~f the nature of the operations ~mied oil in a r'acio~.y, it. is notssible for the occupier to con~ply with all or any of the provisioils of sub-section. ., the ??mmm& Government may . by order exempt such factory. or :-ss or description of factories irom ariy of the provisions of that sub-sestinnf and specify alternative wethods for keeping the factory in clean state.Effective &*rangenlentis shall beand effluents due to the manu-Government may make rules prescribing the arrangementoto be made under sub-section (1) or reqniriilg that the nrrnngea~ents made inaccordance with sub-section (1) shall be approved by such authority as may be. prescribed.F - Q,- 13. Ventilation and temperature.-(I) Effective and snitable pfovision shalt;be made in every factory for securing and ixi~intail?ll~n in eT ery \v~rl;roonl--(a) adequate ventilntioil by the circulation of fresh air, a ~ d(b) such a temperature as wiil secure to workers therein reasonableconditions of comfort and prevent injury to health;-:. .and in particulnrf(i) walls and rosfs slia!l be of such ~nateijal 311~1 SO designed t,hat suchtcinpcrature sllall not he exceeclecl buL kept.. as low as practic.able;,. . (ii) where the nature of t h work ~ car~:ied on in the fnct'ory involves,t; or is ?il;elj~ to involve, the procli~ction of 'excessively high tel;~pexitures,..such adequat2 measures as are practicable shall be takel? to. ~i~otect,hei - . workc~s the~cfrom. by separat,ing the process which prod~~ces such fempera-K. t~~res Ero'm thc,~vol.liroo~~~, -I~g..,i~~s~lnt,ing t,h~ hot ~RYCS or -by ot$!:er effective.means.k/. L&. Li/ d.0: l+-d.'

---may prescribe a standard of adequaijetemperature for any' factory or class orand direct that a thermometer shall be providedand position as may be specified.(3) I1 it apy~rs to the ?kmmrmd . . (fovernnient that in any kactorj o~or descri tion o Saulories eaa~~ssively high temperatures zaa be reducedsuch met g ods as w&ewashing, spraying or insulating and screening outside wallsor roofs or windows, &\by raising the level of the roof, or'by insula.ting the roof, eitther by an air-space\ and double ro6f or by the use of insulatinn roof- materials, or by othkr it may prescribe-"such -of theseas shali bc adopted in14. Bust and fume.-(1) ?FQ every factory in which, by reason ofmanufacturing process carried &, the!e is giv-en off an? dust or lurnr, orimpurity of such a nature and eq such an extent us is likely to be iiljuriousi \,or offeasive to the'workers employed therein, or any dilst in substantial quantities,effective measur5s shall be t&&n to prevent its inhalation and accumu..lation in ally workroom, and if any&xhaust appliance, is necessary for thispurpose, it shall be applied as near A2 possible to the point, of origin of the.dust, fume or other impurity, and buch hint shall be enclosed so far as possible.(2) In all?. factory no stationary intern$ combustion engine shall be operatedunless the exhaust is conducted into the &pen air, and no other internal combustionengine shall be operated in any r+m unless effective measures havebeen taken to prevent such i~ccumulation of. fumes therefrom as are likeiyto be injurious to workers employed in the Aom. -15. Artificial humidification.--(1) I11 respectpf all factories in which the /bun-idity of the air is artificially increased, the!! PrewuclaL'~overnment in~g---make rules,- I .>.(a) prescribing stanclards of humidifieatio4;(6) regulating the metho4s used for artibially increasiiig the huinGdity of the air;(c) directing prescribed tests for determinir~~'$he ln~midity of the airto be correctly carried out and recorded; "s(d) prescribing methods to he adopted for recur\! adequate rel-tilatioiland cooling of t$e air in the n7orkrooms.-"2) In ally factory 111 which the humidity of the$he water used for the purpose shall be taken from$ source of drinking water, or shall be ~ffectivel~%%(3) If it appears to an Inspector that the water used in a faktory for in-"ii' ub-sectionrequiring tl~em to be carried out before specified date,.i -. oreasing humidity which is required to be effectively purified ~ ~ d e r(2) is not effectively purified he may cxve on the manager of t.he ctog anorder in writing, specifying the measures which in his opiilion sh uld beadopted, a~nd16. Overcrowding.-(1) No room in any factory shall be overcrowdeh, h* an extent i12jurious to the health of the workers employed therein. 1% t(2) Without prejudice to the generality of sub-section (I), there shall Bein every workroom of a factory in existence on the date of the coinnlencement. this Act, at leastthree hundred a,nd fifty cubic feet and of a factor7 built after\%tne cQmmencement of 'this Act at least five bllndred cubic feet of space for- .';i&very worlrer employed therein, and for the purposes. of t,his sub-section noaccount shall be tnlren of suy s]x,ac, which is moro tl:.an fou,'tcc.n feet above thelevel of the floor of %he room.a -iE"' i

LPP'8 Factortes [ACT LXIII(3) If the Chief Inspector by order in writing so requires, there shall beF posw in each "norliroom of a factory a notice specifying the maximum nurncber of- workers who may, in compliance with the provisions of this sectior,be ernp%ed in the room.. \.I (4) The\Chief Inspector may by order in writing exempt. subject to such$conditions. if. any, as he may think fit to impose, any workroom fro111 the pro-F visions of tni\ ''. section, if he is satisfied that compliance -therewith in respect ofthe room is unpcessary in thi'interest of the health of the workers employed%>erein.C ' .i 17. Lighting.-@) In every part of a factory where workers .arcs workiug. -or passing tliere sh9ll be proGided and maintained suRcient :~nd suitablei: lighting, natural or axtificial, or both.fI (2) In every factory all glazed windows and skylights use~l for the lightingof the workrooms shall be kept clean on both the inner and outer surfaces1 and, SO far as compliance with the provisions of any r,ules inade under sutsection(3) 'of section 13 will. allow, free from obstruction. @\C. ,&(a) sufficieilt Iatriiie and uriilal accom~uodatioi ~f~~~p~.escrilsc:cl types isllall be provided co~~ve~~ie~~tly situated and accessible t+xvorliers at all itirnes whila fhej are at the factory ;',i -(b) separate enclosed accoinlnodntion shall be provided for rnale and ,4female \vorkers ;98$'&I (c) such accornmodatioil shall be aclequatelv liqhtd b-nn ;entilated.F :3nd no latrine or urinal shall, unless specially exempted in 6ting;by thgChief Inspector, colniiluilicate wit11 any n.orl;rooni except through an interfvening open space or xentilatecl passage:Itk(d) all sucl~ accommodation shall be inaintaiilccl it1 a rleaii a11cl: sar:i-4tnr- coilclition at all times;fI #

w., A9481Fm briera) aweepcrs shall be employed whose primary duty it would be tc, k.eepmore than two hundred and fifty workers are(a)\.,all latrine and urinal accommodation shall be of prescribed stli-litarytypes; .'\ -4a- .walls, up to a, 'heigIfti 8? three fee*, of &he-...-, and the'sanitary blocks shall be laid in glaebd tile's orto provide a smooth polished impervious surfaoe~ .@ ,to 'the provisioils of olauses (d) and (e) of sub- .3:"zp. ,of the walls and blocks so lridor dnikbed and?:~c.sthe sanitary pans bqlatri~~es ahd ukinJs shall be thorougGy washed and.'$. cieaned at least once ta every seven days with suituble detergents or$&@ disinfectanti or with b*. .---- -. .g. (3) ?he Governkent may prescribe the number of +latrine..., urinals to be provided in any fack,ory in proportioll to the numbers of,.;, fsm&le workers ordinarily employed therein, a.nd provide for suc,&$.. matters iq respect of sanita.tion in kctories, including the obliga$ion of workersin this regard, as it conbidere neceshqry in the .interest of the health of thet.>-..* .workers employed therein.$.:+*>,,20. Spittoons.-(1) In every factory there shall be provided a sufficient num-.;$I60r of spittoons in convenient places and.$hey shall be lnaiiitained.$3. . and hygienic condition. .~ -.)------ \ - . . -. ..?,!. ;-+;.,.: ,r.,- >:+.,.c ,: _, .$?;; -~:l..+;,:. ,.,. ,.*-.,-. .,., ...P:?

.a.~ 19481 Factories 11(b) ciriving belts when not in use shall not be allowed to rest or ride uponshafting in motion.(2) 'ID every factory .suitable devicesfor cutting off power in emergencieefroln ruuning macl~iaery 'shall be provided and maii-itair\ed in every work-room:Proviaed that in respect uf factories in operation before the comrnen_cem&t. of Lhis A%, the provisions of this sub::sect~ou shall apply oiliy to work-rooms 'inwhich electricity is used as power.25. self$ctiing rna&in~.-No traversing part of a self-acting- machine inno material carried thereoil shall, if the space over which it runswhich any person is Liable to pass, whether in the course of hia$therwise. be allowed to run on its outward or inward traverseof eighfyen inches from any fixed structure which is aot parbthe Chief Inspxtor mSy permit the cvntinued use of a machinee commencement of this Act which does not comply with.th8requireme& of &+.is section on such conditiions for ensuring safety as he, may,I., vthink fit to impos - - st,elled in any the ~c~n~mencement of this Act,--z:. .."E.>.-: ,;$:.. .?i. -.* *prevent danger;'\bolt or key on any revolbing shaft, spindle, wheelor atherwise effectively guarded as to.* ",,.. .-(h) all spur, wordand othur toothed or friction gearingivhich does no6.i L-ii' a ~ . i. . require frequent adjustment while in motion shdl be coinplgtely encased,'.I & unless it is so situa.ted ah& be as safe as it would be if it. weye+complet~ly.-.;.:.* k.+*:: encased. .%.,&:.:. ;-$-r-z (2)-.~hoevcr ~dls or lets on hir2qr, ss agent of a seller or hirer, 'causes or'>,!..' ,i '&:.: jk ;$a,.,\

Factorieshall apply %.&ists and lifts usedcted in a ,factory afkr the corn--d in the event o) breakage'(o) an efficient automatic device shah beLprovided and maintained'prevent the cage from over-running.tos Act which does not fully) upon such conditions for en-.including the worlcing gear, whether fixed orand a.nchoring arid fixing appliances shall beruction,sound material and adequate strengts;nta,iued, and shall be thoroughly examined bv ~6ea.st once in ev.erg pesiod of twelve months, and a .t containing the prescribed particulars of every --eyond the safe working loady person is employed or working on or near the wh&-ing crane in nliy place .where he would be liable to beestruc~ective measures shalt be taken to ensure that the cranewithiq twenty feet. of thapplace. - -ments to be coml~lied with in addition to those

machinery.-(1) In every roohl in B faotoq 61 which the pcarricd on there shall'be permanently atfixed to or placed nearin use a notice indicating the maximum safe working peripheralgrindstocs or abrasive wheel, the speed of the shak or spindlewheel is mountdd, and the diameter of the pulley- upon suchnecessary to secure such safe working peripheral speed.indicated in notices under sub-sectio~ (I) shall not bek'B(3) ffective heasures shall be taken in every factory to ensure that the-~ d w e rking peripheral speed of every revolving vessel, cage, basket, flywheel,pulley disc or simil8r appliance driven by pomrer is not exceeded.3&! Pressure piant:'-(l ) If in any factory any part of the plant or machineryused in a manufacturidg process is operated at a pressure above atmosphericpressure effective measurty shall be taken to ensure that the safe working pressureof such art is not ekeeded.(2) The w G o v e k y t may make rules providing for the o;aminationand testing of any plant or machinery such as is referred to in sub-section(I) and prescribing such other, shty measures in relation thereto 8s may in iteopinion be necessary in any factoyor class or description of factories.-32.'Floors, W s , and means of &pS%.--~n every £achet(a) ell hark, steps, stairs, pa ges and gangways shall ba of souadconstruction and properly mahtaine and where it is necessary to ensuresafety, steps, stairs, passages and ga-ays shall be provided with aubstantialhandrails;*.\(b) there shall, so far as is reasona be provided andmaintained safe means of access toany person is abwany time required to work.33. Pits, smpe, Opening& in floom, et~.-In &

i^'14 Fiwtorier [WT LXUI?..!.Z \ '(2) No poftable electric light of voltage.permitted in &ny factory for use inside anyin sub-section (I), and where the fumesno lamp or light other than ofbe used in such confined space./" 0(3) No per.s

not be opened except in accordance with the folkowingof any joint of any pipe coilneeted with thewver of any openifrg into the part is loosened,the part of any such pipe shall beor other means;%as aforesaid is removed, all practicablethe pressure of the gas or aapour inthe part or pipe to atmosp\eric pressure;(c) where any such as aforesaid has been loosened or removedeffective measurestto prevent any explosive or inflamrnablegas or vapour frorr. ent ing the part or pipe until the fasteninghas been secured, or, as the cas may be, securely replaced:Provided that the proyisions of thisshall not apply in ths case'of plsnlt or machinery installed in theallless adequate measures38. Precautions 5 case of fire.--(I) Every factory shah, be provided withi;u@ means of escape in case of fire as may be prescribed, ind if it appears toQhe Inspector that any factory is ilot so provided, he may sei e on the managerof the factory an order in writing specifring the measures w&h, in his opinion-should be adopted to brihg the factory into conformity with th provisions ofthis section and any rules made thereunder, and requiring thesut. before a' date specified in €be order.(2) In every factory the doors affording exit from any room shaed or fastened so that they cannot be easily and immediately opeinside while any person is within %he room, and all such doors,s f the sliding type, shall be constructed to open outwards.I (3) In every factdry, every window, door or other exit affording iyeanaof escape in case of fire, other than the means of exit in vrdinary use la11 bedistinctively marked in a language undektood -by the majority of t& ,Xrk$rsand in red letters of adequate size or by some other effective and clearly dh$er- .stootL sign. 1.(4) There. shall be provided in every factory effective and clearly audih?means of giving warning in case of fire to every person employed in the factoryk(5) A free passage-way giving access to each means of escape in case of fireshall be maintained for+the use of all workers in every rooin of a facto1.y(6j Effective measures shall be taken to ensure that in everv factory- /(a) wherein illore tlln~l twenty nrorlrels are orcliiiarily enlployed in any :.fp1::e.e ahold the. grouqd floor, or, ,(b) ~x~11erei11 explosive or highly infl~~n~n~sble nlaterials are used- or;,. stored, , i. ,I i21 .the workers are familiar with the me'ans of esc:\!ic.. !ill case of fire rr?~~l llav&' - '.been atleqyatssly trninecl in the rout'ille to be followcd in such .case./* sc,L4-,. Cy 4.o 1 qs@. .;.8.'.*.-:. ,-.+,*.$..I!

14 :. F M a s(7) B e ~ov-mment may make rules prescridiqg,any fa,ctory or class or description of factories, the 'means ofr , vided in case of fire and the nature. 2nd a.mount ofk:provided and 1r1sint;ained.i' '€ACT LAnaIf-it a.ppears to theof the ways, machinery or-.6 ba dangerous to human life or safety, -he may@ 'tory an order in writing requiring him before."-c.."L: .(b) to carry out suchorder, and to inform the-?.. 40. Safety of:, that any buildingBI(2) If it appears to the Inswtor that the use of rrn~ buiiding w & 8'Ll~ilding or any part of the-wars, machinery or plant in a facto~~ iillvolves in-?... minent danger to human life gr safety, he mag serve oh th%:ia.&a&r of the fm> ,tory- an order in writing proFbiting its use untii it has6:or ,altered.F'i,.c ..5 . ernment may or in any class;i or description of the safety 'olE.E-CHAPTER Vci- ?-E@C. 4LLg-

OF 19491 Pa0,d~ 17for all workers so engaged or(3) The in th. oEcial Oiinetts,process.- 45. First-aid appliances) (1) There shall ~n every factory be provided andmaintained so as to be readikaccessible during all working hours first-aid boxesor cupboards equipped with e pr-scribed contents, aid the nunlber of suchboxes or cupboards to be provi d and maintained shall not be less than onc forevery one hundred and fifty wo+ers ord~nar~l? employed in the factory.room ofin the chargemake rulesrequiring(2) -?VitSoiit prejudice tb the generality of th&foregoing power; such ruleak may provide for-$ \- (a) the date by which such canteen shall be rovided;(b) the standards in respect of construction, ccommodetion, furnitutw. and other equipqcnt of the canteen;(c) the foodstuffs to be served therein and the:. c made therefor;arges which may bes' (d) the constitutioll of a managing committee for the canteen and~epresentation of the workers in 'the management of the nteen;-/ {e),the delegation to the Chief Inspector,= as may be prescribed, of the power to make* 47. Shelters, rest rooms andGore than ,one hundred and fifty&bd suitable shelters or rest roomstor drinking water, ivhece workerspovided and maintained for the use of the workers:?

[ACT 4x111.ect, of construction, accommodation,ers, lV.cst rooms and lunch rooms toeette, kmempt any fachry or class orments of this section.in more than fifty women workersed.and maintained a suitable roomge of six years cf sueh women.eommodation, shakl be adequatelya clean and sanits;ry conditionthe care of children and infantsiGovernmeilt mag: make rules-in respecb of construeequipmentof rooms t~ be providb\(c) requiring the provision ip any factory of free milk or refreshmen%, of both for' such children; .(d) requiring that facilities shall be given in any fac%y for theessary intervals.;g wherein five hundred or moreer shall empioy in the fsc.k,rymay prescribe the duties, qualificationto make rules to supIilem~nt this Chapter;-The b lrnake rules-Gov:(b) recjuiring in any ,factory or class or description of fa-tories ' threpresentatives of the workers elnployed in the factory shall ,be associatlrlith the management of the welfare arrangeinent,~ of the morlrcrs.CHAPTER.. VI.\~'ORI

I(b) the manager of the factory has, before the said day or t&eBsubstituteclday ucder clause (a), whichever is earlier,- /I.'(i) delivered a notiuc at tho office of the Inbpttotor of h$ intentionto require the worker to work ob the said day and of the Gay which is\ to t~e substituted, and(ii) displayed a notice to that effect in the factory."2Pmvided that no substitution shall-be made which will reek in any workerworking for more t'hari ten days consecutively without a holid$y for a whole day. 1(2) Kotices given under sub-section (1) mag be cancelle~j bg a notice deliveredat the office of the Inspector and a notice displayed iq'lhe factory not laterthan the day before the said day or the holiday to be cancelled, whichever isearlier.(3) Where, in accordailce with the provisio~is of sub-secfion (I), any xorkerworks on the said day and has had s holiday on om of the threo days immediatelybefore it, that said day ;hall, for the purpose of calculating hisweekly hours of work, be included in the preceding week. 153. Compensatory holidays.-(I) Where, as a result of the passing of an 16 order or the making of a rule under tfie provisions of this Act exempting a factoryor th3 workers therein from the provisions of segtion 52, a worker is deprived ofany of the weekly holidays for which provision is made in sub-section (I) of thatsection, he shall be allowed, within the month in which the hoGdays were due 1to him or within the two months immediately followiilg that ~iiorith compensa-. itory holidays of equal number to the h o l i d q y 6 ~ ~ ~. .(2) The J&ewmw& Government mav Qrescri e the manner in which theholidiys for which provisian is made in' sbb-section (I) shall be allowed.54. Daily hours.--Subject to the propisions of section 51, no adult workexshall be required or allowed tg work ia da factory for more than nine hours inail7 day.$ - .&!A255. Intervals for rmt.qThe periodsof f- adult workers in a factory each dayshall be so fixed that no period shall exceed five hdurs and that no worker shallwork for more than five hours before he has had an interval for rest of at leasthalf an hour. 'I56. Spreadover.-The periods of $ark of an adult worker in a faotqryshall be so arranged that inclusive ;of his intervals for rest under section 55,they shall not spread over more th$n ten and a half hours in any day:Provided that the Chief Inspector may, for reasons to be specified inr\-rltiilg, increasc tlie spreadover to,'twelve hours.57. Night shifts.--Where a worker in a faeto~y works on a shlft I\-hicheitends beyond midnight,:(a) for the purposes of sections 52 and 53. 'a holiday for a whole dayshall mean in his case a period of twenty-four consecutive hours beginningwhen his shift ends{(b) the follonring day for him shall be deemed to be the period oft\.i>enty-four hgti'rs beginning \vhea such shift ends, and the hcurs he hasworked aftej midnight shall be counted in the previous day.58. ~roh~~~tion of overlapping shift,s.---(I) Worh shall riot be carried on iuan^ ftictorybg means of a syst.em :of shift,s so arranged that more than one relayof \\:orlie;S.is engaged in n.orli of the sa111e kind at the samc time., [st;& fez*.(2) The p ~a~~aGoverilmc~it map, subject ko such cundjtiona as nag bep~cscfi?,~1, r:~zk& rul& e~elnpt~i~lg factors or 618s~ or cie~clipt~iop of fzct~rieifrcrkl tk, pro~idion$ of sub-c~ci~iora (1) ./. :llcl. 5. ,b -3 d .sL~. 7: &, rick 4n

+1\59. Extra wages for overtime.-(lj VThtxe a worker works in a factory formore than nine hours in any day or for more than forty-eight hours in any weekbe shall, in respect of overtime work, be ent~tlecl to wages at the rate of\twice his ordi~l&~ rate of wages.(2) Where any workers in a factory are paid on a piece rate basis, the 3%w-k-Government, In consultation with the eillployer concerned, and the repre-sentiicitcs of,the workers shall, for the purposes of this section, fix tin~e'rdtes.-9as :~earl~ as mssible equivalent to the aOeraae rate of earnings of those w~rkersand the" rate; so fixed shall be deemed tovbe the ordinari rates of wages ofthose workers.(3) For the purposes of this section, "ordinary rate of wages" uieaiis :b--basic wages plus such allon-ances, including the cash equivalent of the advantageaccruing through the coilcessional sale to workers of foodgrains and other artic!es,as the ~vorlrer is for the time being entilled to, but does not include a boricGovernment may prescribe the registers that shallmaintained in a factory for the purposc of securing colnpliance nith the provisionsof this section.60. Restriction on double employment.,No adult worker shall be required orallonled to work in any factory on any day on which he hcls already been workingIn any other factory, save in such circumstances as may be prescribed.61. Notice of periods of work fo9,adalJs.-(2) ~hGre shall be displayed andcorrectly maintained in every factory h accordance with the provisions of subsection(2) of sectiop 108, a notice of periods of work for adults, showing clearlyfor every day the periods during which aqult workers may be required to work(2) The periods shown in the notice rkuired by/ sub-section (1) shall befixed beforehand in accordance with the £0110 ing provisions of this section, andshall be such that workers working-for those riods would not be working incoutravention of any of the provisions of sectiopt 51, 62, 54, 55 and 56.'(3) Where all the adu!t workers in a factory to work during thesame, periods, the manager of the factory shallgenerally.a xfor such worken(4) Where all the adult workers in a to work duringbhe same periods, the manager ofaccording to the nature of their work€FOUP.(5) For each group which is not required to work onmanager of the factory shall fix the periods duringrequked to work. -(6) Where any group is required to work on a system ofare not to be subject to predetermined periodical changes ofof the factory shall fix the periods duiing which each relayrequired to work.'t. (7) Where any group is to work on a system of shifts and the rela&. are to he, subject to predetermined periodical changes of shifts; t.he manager of tshall draw up a scheme of shifts whereunder the periods duringrelay of the group may be required to work and Ll~e-relay which will'at ally time of the day shall be known for any:dag.,i:(8) The &$&J$i Oqvernment may prescribe forrnn of the notice r~quirzhi .bj: sul) -section (I) and the manner i11, which it shall be mainta.ined.- I(9) In the case of a factory beginiihg morl: after the commencement~of thisAct, a copy of ttc notice referred to in sub-section (I) shall be sent in dtplicatzito the Inspector hefore the day on which work is begun in the f~ctorp;/.s&kg A r /95e., ' 1I,

"-I,6F .1%81 F&eries : ,?lAny proposed change in the syetern of work in any factory which. vai;-s(10).awessitate a change in the notice referred to in sub-section (1) $all be5.it.h the previou~ sanotion of the Inspt.ulor, rio such change sh;l!l be 2 ade unbilorle ureeli 112s elapsed since the last change. ,/.'.notified to the Inspe_ct,or in duplicate belore tile_ change is niade, a d except +62. Register of adult workers.-(1). The mana.ger of every factory shallmaintain a register of adult xvorlie~s, to be avai!able to the lnsp,e?tor at all timesduring working hours, or when an? wor!i is being carriecl 'oli' in the factory,shon~ing- /fa) the name of each adult. worker in the factory';.(b) the nature of his work;(c) the group, if any, in which he is included;'(d) where his group works on shifts, the rylay to which he is allotted; 1(e) such other particulars as may be pre5cribed:.. ,Provided that, if the Inspector is of opiniony'that any muster roll or register.maini,ained as part of the routine of a factory;gives in respect of any or all the,workers in tho factory the particulars requix,dd under this section, he may, by .:order in writing, direct t.hat such muster roll or register shall to the correspond-.ing extent be maintained in p!ace of, and'' be txeated as, t.he register of a.dult.worlrers in that iactoky.. .---_--.._____(2) The d ~ o v e r n n ~ e inai n t prescribe the form of the registeradult workers, the mann$r in which fi shall be maintained and t-he period for, .\which it shall be preserved. 1'63. Hours af work to correspond with notice under section 61 &d registerd e r section 62.--;No adult morker~shall be required or allowed to work in any-factory otherwise t,han in accorda

Bq. Further restrictions on employment of Women.-(l) The provisions of ,{jthis Chapter shall, in their applicat,ion to women in factories, be suppleiliel~tedby the-,following furt,her restrictinns, namely:- 1'.B'(a) no exemption from the provisions of section 54 may be granted in-, . f1be employed in ally factory except between the 1.- .*.---in the said restrictions ishecessarg to prevent damage to, or deterioration in,any raw material. L,, I(3) The rules made under\+ub-section (2) shall remain in force for not morethanthree Tears at a time.'\,f67. Prohibition of employment o young children.-No child whb has no&completed his fourteenth year shau ke required or allowed to work in any,factory.t' 68. Non-adult workers to carry .-A child who has completed his.fourtemth year 01. an adolesrent required or allo\+ed t*o xork i~any factory unless-\(a) a certificate of fitness granted iv& reference to him under 'section.69 is in the custody of the manager of the faktory, and(b) such child or adolescent carries while at work a token giving a.reference to such certificate.69. Certificates of fitness.-(1) A certifjingof any young person or his parent orsigued by the manager of a factory thatcertified to be fit for work in a factory,the factory in which any young personand ascertain his fitness for work i11 a factory.\(2) The certifying surgeon, after examination, may gran* to ,such youngperson,in the prescribed form, or may renew-\(a) a certificate of fitness to work in a factory as a chilk, if ha is satis-5ed t

-a-24, P+Wea prg* WEIII(3) A wrti6cate of Bbms @anted 0r rsnewed under sub-section (2)-(a) shall be valid only for a period of twelve monthsthereof;(b) may be made subject to conditio~s in regard to thwork in which the ysung person may be employed, or requition of the yourig person befori! the expiry -of the period of(4) h certifying surgeon shall revoke any certificate grunder sub section (2) if in his op1111&1 the holder of it is no long$he capacity stated therein in a factory.(5)- Whcrc a certifying surgeon refuses to grant or recertificale of the kind requesltid ui revl->l,es ti celliG~aLe, 1by a%y persoh who could have applied for the certificatestate his reasons in writing for so doing(6) Where a certificate under this sectio ence to any youngpersou is granted or renewed subject to suc as are refarrod to in-clause (b) uE sub-secliuu (31, Lhe ~oung personke required or allower:_to work in any factory except in accordance %,I(7) Any fee payable for s certificate undoccupier and shall not be recoverable fromguardian.ouilg person, his parents or70. Efiect of certificate of fitness grand; to idolescent.-(l) An adolescentwhu has 1)eeu grxntetl li c:rrtifit:atr of fi$tfrs~ to ~ork ir) a factory ns nn ad~iltauder clause (b) of sub-section (2) of se9tion 69, and who while at worli in a.factory carlies a token giving referencf to the certificate, shall be deemed to bean adult for all the purposes of Chapp VI and VIII.(2) A11 adolescent win a factory as an-adulteel1 granted a certificate of fitness to workoresaid clause (b) shall, notwithstanding hisage, be deemed to be athe purposes of this Act.71. Working hours (I) No child shall be employed or permit-&d to work, in any fachalf hours in any day;hours of 7 P.M. and 6 A.Mchild..i"to child workers, and nogranted in respect of any(4.) No $ild shall be required or allowed to work in any factory on anyBaYV "11 wlii;Ch he has aliaaclg Lcen rvoilriug in auothcr factory.72"otice of periods of work for children.--(1) There shall be displayed and*co~~ectl~:maintainedevery factory in which children are employed, irP.accordan& with the provisions of sub-sktinn (Zj of section 10s a notice of;periods nf worli for chilrlren, shouing cl~nrl~ fnr pvrry day the pw'nrlswhich cllilclrci~ may be required or a1lov;ed to worlr.rlllvin~(2) The periods shown in the notice required by sub-section (I) shall be;fixed beforehand in accordance with the method laid down for adult workera iatsect2ion 61, nrld qhz!! be such that chiliir~n ~orliing for thosc periods would notroc! tvorkitlg in contravciltion of any of tllc pwvi?i~nq of pr~tinn 71

'D. . 9OF 3948-1 ~:&tb'i@~ 2 ~ ; 48(3) The provisions of sub-~ect&ne (8); (9) and (10) section 61 sha.~ apply 3also to tb.e-notice required by sub-section (1) of .*is section.\ .73. &&ter of child workers.--(1) The manager of every faotory in whichchildren are'.%employed shall maintain a register of child workers, to be available.to the Iyspector at all times -during @orking hours Dr when anJ; work is..being carried in a factory, showing- I(a) t.he$arne of each child workex in the factory,. (b) the haturk of his work,(c) the dqup, if agg, in which be is included, 3(d) where his group works on shifts, the relay- to which he is allotted,.. 9and j(e) the numGir of his certificate 6f fitness panted -under sebt:ion 69.(2) The w.&overnment may prescribe t& fonn of the register of 1:child korkers, the man4er in which it shall be maintained and tGhe period for.jwhichit shall be preservq.j74, Hours of wak to $rprr&pond with notice under sectim 72 and register \' under section ?&-No childqhall be emplayed in an3 &tory othembe than ha jachnce with the notice + periods of wmk for oh.ildken displayed. in theifactory and the entries ma& 'pf~reband against his name in the register of ' .child workers of the facw. \*~b. POWW to require m a A eeua*utbm.-Whe~e an Inapwr is OS?@don-- :?, -. (a) that any person workin'&in a factory withoub s certificate of fitma%-ie a young person, or ".(b) that a young personis no longer fit to work in the.he maf serve on the manager of that such person.. 'or young person, as the case may Surgeon, .and such person. or youngperso SO directs, beemployed, or permitt,sd t,o work, en so cxamineh Iand has been gra.nted a certificat ate of fitness, as.. ;. - the case may be, under section 69, ertifying surgeODexamining him not to be76. Power to make r vernment. may make rules-(a) prescribing- the form-to be granted undurt:section 69, providing forevent of loss of theoriginzl certificates,e charged for suchcertificates and rene(b) prescribing the phyby childreg an6adolescents working in factories ;.-(c) regulating the procedure of certifying surgeo +A8 under this Chapter;

26 Fac tad88 [am L X ~CHAPTER VIII . /78. Application ofmperate to the prejudice of anymny other law or underProvided that$or a longer leaveentitled only to such longer leave.Expla.nation.-For 'the purpose of t.his Chapter leavq.~*sh+ztll not,, except as pro-! vided in section 79, include weekly holidays or holi 61s for festivals or othersimilar occasions. 7 -(2) The provisions of thi; Chapter shall not -iiply to any workshop of a4?eaf!d-y%~$/lT79. Annual leave with wages.-(1) Every w~+ker who has completed a period.sf twelve moilths continuous service in a faqk'ory shall be allowed during thesubsequent period of twelve months' leave dth wages for a number of days caleculatedat the rate of- )"(i) if an adult, one day for every&venty gays of work performed by himduring the previous 'period of twe1v;k months subject to a minirnum of tendays, and(ii) if a child, one day for eyery fifteen days of Work performecl by himduring the previous period of t elve lrionths subject to a minimum of fourteendays : I 7Provided that a period of leavk shall be inclusive of any holiday - which maFaccur during such period: /Provided further that w the employment of a worker who has completed-EL period of four months' c us service in a factory is terminated before hehas completed a period of onths' continuous service, he shaIl be deemedto have become entitlefor the number of days which bears "to thesub-section, the same proportion as theperiod of his bears to the continuous service offactory shall pay to him the amounb payofthe leave to which he is deemed to have-(2) If a worker ddes not ifi any one such period of twelve months take thewhole of the leave//allowed to him under sub-section (I), any leave not talrenby him shall be a&led to the leave to be allowed to him under that sub-sectionin the. succeedina' period of twelve moilths :Pt the total number of days of leave which may be carrieclperiod shall not esceed fifteen 111 the case of an adult~rovidd further that a worker who has applied for leave with wages but.has not b&en given such leave in accordance with any scheme clranrn up undersub-seetidns (4) and (5), shall be entitled to carry forward the unavoiled leao6-without.'any limit.(3) 12 worlcer nigy in any such periocl of twelve n~ont,hs apply il.1 Ivriting '',to the manager of the fzctosy, not less thar. fifteen full \vorl:ing days. bc.fore thedote on n,liicli hc Ivishcs Elis leave to begin: f-o take all the leaye or. :i~~y..po~.tio!i-f,hereof,,sallon.rib!e t.o 11ini clilring that; period unrlrtr er~h-sections (I) ;11!d (?):ProxJjdetj t]lr!t t.Ile rLulxber of blsta!?n&nt.; ill w!licl; t]le leave is :-..--.---.:A Lj ta1;en shall not esreecl three : . .,,L~~;.~7 1." ;ccbc .,. ~+[~~r.c;.~i. - .v,.1-.~L,,L,L~.>L.~.~

1948 - Ministry of Law and Justice

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