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THE INDIAN SHORT TITLES ACT, 1897


THE INDIAN SHORT TITLES ACT, 1897
Year : 1962

Act :THE INDIAN SHORT TITLES ACT, 1897.ACT NO. 14 OF 1897 1*

[22nd July, 1897.]


An Act to facilitate the citation of certain Acts;

WHEREAS it is expedient to facilitate the citation of certain
Acts; It is hereby enacted as follows:--


1.Title.


1. Title.- (1) This Act may be called the Indian Short Titles Act,
1897; 2***.

2* * * * *


2.Citation of Acts described in Schedule.


2. Citation of Acts described in Schedule.- Each of the Acts described in the first three coloumns of the Schedule may, without prejudice to any other mode of citation, be cited for all purposes by the short title mentioned in that behalf in the fourth column thereof.
 
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THE LEGISLATIVE COUNCILS ACT, 1957


THE LEGISLATIVE COUNCILS ACT, 1957
Year : 1957

Act :
THE LEGISLATIVE COUNCILS ACT, 1957.ACT NO. 37 OF 1957.[18th September, 1957.]


An Act to provide for the creation of a Legislative Council for the
State of Andhra Pradesh and the increasing of the strength of the
Legislative Councils of the States having such Councils and for matters connected therewith.

BE it enacted by Parliament in the Eighth Year of the Republic of
India as follows:--


1.Short title.


1. Short title. This Act may be called the Legislative Councils
Act, 1957.2.Definitions.


2. Definitions. In this Act, unless the context otherwise requires,--

(a) each of the words and expressions defined in the
Representation of the People Act, 1950 (43 of 1950), but not defined in this Act, shall have the same meaning as in that Act;

(b) "sitting member" means a person who immediately before the commecement of this Act is a member of a
Legislative Council.

1* * * * *
---------------------------------------------------------------------
1. Omitted by Act 34 of 1985, s. 6 (w.e.f. 1-6-1985).

488.4.Increase in the strength of the Bihar Legislative Council.


4. Increase in the strength of the Bihar Legislative Council. (1)
The total number of seats in the Legislative Council of Bihar shall be increased from 72 to 96 and of those seats--

(a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c)
of clause (3) of article 171 shall be 34, 8 and 8.respectively;

(b) the number to be filled by persons elected by members of the Legislative Assembly of Bihar in accordance with the provisions of sub-clause (d) of the said clause shall be 34; and

(c) the number to be filled by persons nominated by the
Governor of Bihar in accordance with the provisions of sub-clause (e) of that clause shall be 12.(2) The Delimitation of Council Constituencies (Bihar) Order,
1951, shall, until other provision is made by law, have effect subject to the modifications directed by the First Schedule.

(3) As soon as may be after the commencement of this Act, elections shall be held to fill--

(a) the additional seats allotted to the several council constituencies by the said Orders as modified by this
Act; and

(b) the additional seats to be filled by the persons referred to in clause (b) of sub-section (1),

as if those seats had become vacant.

(4) In order that, as nearly as may be, one-third of the members of the said Council may retire on the 6th May, 1958, and on the expiration of every second year thereafter, the Governor of Bihar shall, after consultation with the Election Commission, make by order

489.such provisions as he thinks fit in regard to the terms of office of the members to be elected to fill the additional seats under sub-
section (3).


5.Increase in the strength of the Bombay legislative Council.


5. Increase in the strength of the Bombay Legislative Council.
(1) The total number of seats in the Legislative Council of Bombay shall be increased to 108 and of those seats--

(a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c)
of clause (3) of article 171 shall be 36, 9 and 9, respectively;

(b) the number to be filled by persons elected by the members of the Legislative Assembly of Bombay in accordance with the provisions of sub-clause (d) of the said clause shall be 42; and

(c) the number to be filled by persons nominated by the
Governor of Bombay in accordance with the provisions of sub-clause (e) of that clause shall be 12.(2) As from the commencement of this Act, the Delimitation of
Council Constituencies (Bombay) Order, 1951, shall, until other provision is made by law, have effect subject to the modifications directed by the Second Schedule and in the said Order as so modified, any reference to the State of Bombay shall be construed as a reference to that State as formed by section 8 of the States Reorganisation Act,
1956 (37 of 1956).

(3) As from the commencement of this Act--

(a) every sitting member of the said Council representing immediately before such commencement any council constituency specified in column 1 of the Table below shall be deemed to have been elected to the said
Council by the council constituency specified against that constituency in column 2 of the said Table if immediately before such commencement, he is an elector for an assembly constituency in the State of Bombay;

TABLE

----------------------------------------------------------------------
1 2.----------------------------------------------------------------------
Bombay City (Graduates) . . Greater Bombay (Graduates).

Ahmedabad City (Graduates) . .
Gujarat (Graduates).
Northern Division (Graduates) . .

Poona City (Graduates) . . .
Maharashtra (Graduates).
Southern Division (Graduates) .

Bombay City (Teachers) . . .
Poona City (Teachers) . . . Greater Bombay-cum-Maharashtra
Central Division (Teachers) . . (Teachers).
Southern Division (Teachers) . .
----------------------------------------------------------------------

490

Ahmedabad City (Teachers) . .
Gujarat (Teachers).
Northern Division (Teachers) . .

Bombay City (Local Authorities) . Greater Bombay-cum-Maharashtra
West (Local Authorities).

Ahmedabad City (Local Authorities)
Ahmedabad District (Local Authori-
ties). Gujarat North (Local
Authorities).
Mehsana-cum-Banas Kantha (Local
Authorities).
Baroda-cum-Amreli (Local Autho-
rities).

Broach-cum-Panch Mahals (Local
Authorities). Gujarat South (Local
Authorities).
Kaira (Local Authorities) . .
Surat (Local Authorities) . .

East Khandesh (Local Authorities).
Nasik (Local Authorities) . . Maharashtra North (Local
Ahmednagar-cum-West Khandesh Authorities).
(Local Authorities) . .

Poona City (Local Authorities). .
Poona (Local Authorities) . . Maharashtra South (Local
Sholapur (Local Authorities) . . Authorities).
North Satara (Local Authorities) .

Kolaba-cum-Thana (Local Autho-
rities).
Ratnagiri-cum-Kanara (Local
Authorities). . . Maharashtra North (Local
Authorities).
Kolhapur-cum-South Satara (Local
Authorities).
----------------------------------------------------------------------

(b) every sitting member of the said Council elected by the members of the Legislative Assembly of the former State of Bombay and every sitting member of the said Council chosen in pursuance of clause (b) of sub-section (2) of section 34 of the States Reorganisation Act, 1956 (37.of 1956), shall be deemed to have been duly elected by the members of the Legislative Assembly of the present
State of Bombay if immediately before such commencement he is an elector for an assembly constituency in the
State of Bombay.

(4) Every sitting elected member of the said Council who is not deemed to have been elected thereto by virtue of clause (a) or clause
(b) of sub-section (3) shall, as from the commencement of this Act, cease to be a member of the said Council.

(5) As soon as may be after such commencement, elections shall be held to fill such of the seats allotted to the several Council constituencies by the Delimitation of Council Constituencies (Bombay)

491.Order, 1951, as modified by this Act and such of the seats to be filled by persons referred to in clause (b) of sub-section (1) as are then vacant, as if those seats had then become vacant.

(6) The said Council shall be deemed to have been first constituted on the date on which the Legislative Council of the former
State of Bombay was first constituted.

(7) In order that, as nearly as may be, one-third of the members of the said Council may retire on the 24th April, 1958, and on the expiration of every second year thereafter, the Governor of Bombay shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the sitting members chosen in pursuance of clause (b) of sub-section
(2) of section 34 of the States Reorganisation Act, 1956 (37 of
1956), and of the members to be elected under sub-section (5) of this section.

(8) Section 34 of the States Reorganisation Act, 1956, shall be amended, and shall be deemed always to have been amended, as follows:-
-

(a) in sub-section (2), for the words, brackets and figures
`Until the said Council has been reconstituted in accordance with the provisions of sub-sections (4) and
(5) of this section and summoned to meet for the first time, the words Until otherwise provided by law
shall be substituted;

(b) sub-sections (3), (4) and (5) shall be omitted.

(9) In this section, the expression the former State of Bombay
means the State of Bombay as it existed immediately before the 1st day of November, 1956.6.Increase in the strength of the Madhya Pradesh Legislative Council.


6. Increase in the strength of the Madhya Pradesh Legislative
Council. (1) The total number of seats in the Legislative Council for the State of Madhya Pradesh to be constituted under section 33 of the
States Reorganisation Act, 1956 (37 of 1956.), shall be increased from
72 as fixed by sub-section (2) of that section to 90.

(2) The said section shall be amended as follows:--
in sub-section (2),--

(i) for the figures "72", the figures "90" shall be substituted;

(ii) in clause (a), for the figures and word "24, 6 and
6", the figures and word "31, 8 and 8" shall be substituted;

(iii) in clause (b), for the figures "24", the figures
"31" shall be substituted;

(b) in sub-section (3), for the words "this Act", the words and figures "the Legislative Councils Act, 1957" shall be substituted; and

492.(c) in sub-section (4),--

(i) for the words "the appointed day", the words
"such commencement" shall be substituted; and

(ii) the proviso shall be omitted.


7.Increase in the strength of the Madras Legislative Council.


7. Increase in the strength of the Madras Legislative Council.
(1) The total number of seats in the Legislative Council of Madras shall be increased from 50 to 63 and of those seats--

(a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c)
of clause (3) of article 171 shall be 21, 6 and 6.respectively;

(b) the number to be filled by persons elected by the members of the Legislative Assembly of Madras in accordance with the provisions of sub-clause (d) of the said clause shall be 21; and

(c) the number to be filled by persons nominated by the
Governor of Madras in accordance with the provisions of sub-clause (e) of that clause shall be 9.(2) The Delimitation of Council Constituencies (Madras) Order,
1951, shall, until other provision is made by law, have effect subject to the modifications directed by the Third Schedule.

(3) As soon as may be after the commencement of this Act,--

(a) elections shall be held to fill--

(i) the additional seats allotted to the local authorities constituencies and the teachers constituency by the said Order as modified by this Act; and

(ii) the additional seats, to be filled by the persons referred to in clause (b) of sub-section (1),

as if those seats had become vacant;

(b) one person shall be nominated by the Governor of Madras to fill the additional seat under clause (c) of the said sub-section.

(4) In order that, as nearly as may be, one-third of the members of the said Council may retire on the 20th April, 1958, and on the expiration of every second year thereafter, the Governor of Madras shall, after consultation with the Election Commission, make by order, such provisions as he thinks fit in regard to the terms of office of the members to be elected under clause (a) of sub-section (3) and of the member to be nominated under clause (b) of that sub-section.


8.Increase in the strength of the Mysore Legislative Council.


8. Increase in the strength of the Mysore Legislative Council.
(1) The total number of seats in the Legislative Council of Mysore shall be increased to 63 and of those seats--

(a) the numbers to be filled by persons elected by electorates referred to in sub-clauses (a), (b) and (c)
of clause (3) of article 171 shall be 21, 6 and 6.respectively;

493.(b) the number to be filled by persons elected by the members of the Legislative Assembly of Mysore in accordance with the provisions of sub-clause (d) of the said clause shall be 21; and

(c) the number to be filled by persons nominated by the
Governor of Mysore in accordance with the provisions of sub-clause (e) of that clause shall be 9.(2) As from the commencement of this Act, the Delimitation of
Council Constituencies (Mysore) Order, 1951, shall, until other provision is made by law, have effect subject to the modifications directed by the Fourth Schedule, and in the said Order as so modified, a reference to the State of Mysore shall be construed as a reference to that State as formed by section 7 of the States Reorganisation Act,
1956 (37 of 1956.).

(3) As from the commencement of this Act,--

(a) every sitting member of the said Council representing immediately before such commencement a council constituency specified in column 1 of the Table below shall be deemed to have been elected to the said
Council by the council constituency specified against that constituency in column 2 of the said Table:--

TABLE

----------------------------------------------------------------------
1 2.----------------------------------------------------------------------
Mysore (Graduates) constituency . Mysore South (Graduates) consti-
tuency.

Mysore (Teachers) constituency . Mysore South (Teachers) consti-
tency.

Kolar (Local Authorities) consti-
tuency.
Tumkur (Local Authorities) con-
stituency. Mysore South East (Local Author-
ities) constituency.
Bangalore (Local Authorities con-
stituency.

Hassan (Local Authorities) consti-
tuency.
Mandya (Local Authorities) con-
stituency. Mysore South (Local Authorities)
constituency.
Mysore (Local Authorities) con-
stituency.

Chickmagalur (Local Authorities)
constituency.
Shimoga (Local Authorities) con-
stituency. Mysore South West (Local Author-
ities) constituency.
Chitaldrug-cum-Bellary (Local Auth-
orities) constituency.
----------------------------------------------------------------------

494.(b) every sitting member of the said Council elected by the members of the Legislative Assembly of the former State of Mysore, every sitting member of the said Council chosen in pursuance of clause (b) of sub-section (2) of section 36 of the States Reorganisation Act, 1956 (37.of 1956.), and the sitting member of the said Council specified by the Chairman of the Legislative Council of
Madras under sub-rule (7) of rule 4 of the States
Reorganisation (Elections to Provisional State
Legislatures) Rules, 1956, shall be deemed to have been duly elected by the members of the Legislative Assembly of the present State of Mysore; and

(c) every sitting member of the said Council nominated by the Rajpramukh of the former State of Mysore shall be deemed to have been nominated to the said Council by the Governor of the present State of Mysore.

(4) The three members who, immediately before the 1st November,
1956, were members of the Legislative Council of Bombay and became on that date members of the Legislative Council of Mysore by virtue of sub-rule (7) of rule 4 of the States Reorganisation (Elections to
Provisional State Legislatures) Rules, 1956, shall be deemed to have been elected to the Legislative Council of Mysore by the Mysore North
West (Local Authorities) constituency.

(5) As soon as may be after the commencement of this Act, elections shall be held to fill such of the seats allotted to the several council constituencies by the Delimitation of Council
Constituencies (Mysore) Order, 1951, as modified by this Act and such of the seats to be filled by persons referred to in clause (b) of sub-
section (1) as are then vacant, as if those seats had then become vacant.

(6) As soon as may be after such commencement, the vacancies in the seats allotted under clause (c) of sub-section (1) shall be filled by nomination by the Governor.

(7) The said Council shall be deemed to have been first constituted on the date on which the Legislative Council of the former
State of Mysore was first constituted.

(8) In order that, as nearly as may be, one-third of the members of the said Council may retire on the 1*[13th May, 1958], and on the expiration of every second year thereafter, the Governor of Mysore shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the sitting members chosen in pursuance of clause (b) of sub-section
(2) of section 36 of the States Reorganisation Act, 1956 (37 of 1956), and of
----------------------------------------------------------------------
1. Subs. by Act 58 of 1960, s. 3 and Sch. II, for "26th April, 1958"
(retrospectively).

495.the members to be elected and nominated under sub-sections (5) and (6)
of this section.

(9) Section 36 of the States Reorganisation Act, 1956 (37 of
1956), shall be amended, and shall be deemed always to have been amended, as follows:--

(a) in sub-section (2) for the words, brackets and figures
"Until the said Council has been reconstituted in accordance with the provisions of sub-sections (3) and
(4) of this section and summoned to meet for the first time", the words "Until otherwise provided by law"
shall be substituted; and

(b) sub-sections (3) and (4) shall be omitted.

(10) In this section, the expression the former State of Mysore
means the State of Mysore as it existed immediately before the 1st day of November, 1956.9.Increase in the strength of the Punjab Legislative Council.


9. Increase in the strength of the Punjab Legislative Council.
(1) The total number of seats in the Legislative Council of Punjab shall be increased to 51 and of those seats--

(a) the numbers to be filled by persons elected by electorates referred to in sub-clauses (a), (b) and (c)
of clause (3) of article 171 shall be 17, 4 and 4.respectively;

(b) the number to be filled by persons elected by the members of the Legislative Assembly of Punjab in accordance with the provisions of sub-clause (d) of the said clause shall be 18; and

(c) the number to be filled by persons nominated by the
Governor of Punjab in accordance with the provisions of sub-clause (e) of that clause shall be 8.(2) As from the commencement of this Act, the Delimitation of
Council Constituencies (Punjab) Order, 1951, shall, until other provision is made by law, have effect subject to the modifications directed by the Fifth Schedule, and in the said Order as so modified, any reference to the State of Punjab shall be construed as a reference to that State as formed by section 11 of the States Reorganisation
Act, 1956 (37 of 1956).

(3) As from the commencement of this Act,--

(a) every sitting member of the said Council representing immediately before such commencement any local authorities constituency specified in column 1 of the
Table below shall be deemed to have been elected to the

496.said Council by the local authorities constituency specified against that constituency in column 2 of the said Table:--

TABLE

----------------------------------------------------------------------
1 2.----------------------------------------------------------------------
Ambala-cum-Karnal (Local Autho- Punjab South (Local Authorities)
rities) constituency. constituency.

Gurgaon-cum-Rohtak-cum-Hissar- Punjab South (Local Authorites)
cum-Simla (Local Authorites) constituency.
constituency.

Hoshiarpur-cum-Kangra-cum-Gur- Punjab North (Local Authorities)
daspur (Local Authorities) con- constituency.
stituency.

Jullundur-cum-Ferozepur-cum- Punjab North (Local Authorities)
Amritsar-cum-Ludhiana (Local constituency.
Authorities) constituency.
----------------------------------------------------------------------

(b) every sitting member of the said Council representing immediately before such commencement the graduates
constituency or the teachers constituency shall be deemed to have been elected to the said Council by that constituency as altered by virtue of sub-section (2):

(c) every sitting member of the said Council elected by the members of the Legislative Assembly of the former State of Punjab and every sitting member of the said Council elected under clause (b) of sub-section (2) of section
37 of the States Reorganisation Act, 1956 (37 of
1956), shall be deemed to have been duly elected by the members of the Legislative Assembly of the present
State of Punjab.

(4) As soon as may be after such commencement, elections shall be held to fill--

(a) the additional seats allotted to the several council constituencies by the Delimitation of Council
Constituencies (Punjab) Order, 1951, as modified by this Act;

(b) the additional seats to be filled by persons referred to in clause (b) of sub-section (1),

as if those seats had become vacant.

(5) The said Council shall be deemed to have been first constituted on the date on which the Legislative Council of the former
State of Punjab was first constituted.

(6) In order that, as nearly as may be, one-third of the members of the said Council may retire on the 26th April 1958, and on the

497.expiration of every second year thereafter the Governor of Punjab shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the sitting members elected under clause (b) of sub-section (2) of section 37 of the States Reorganisation Act, 1956 (37 of 1956.), and of the members to be elected under sub-section (4) of this section.

(7) Section 37 of the States Reorganisation Act, 1956 (37 of
1956), shall be amended, and shall be deemed always to have been amended, as follows:--

(a) in sub-section (2), for the words, brackets and figures
"Until the said Council has been reconstituted in accordance with the provisions of sub-sections (3) and
(4) of this section and of any other law for the time being in force and has been summoned to meet for the first time", the words "Until otherwise provided by law" shall be substituted;

(b) sub-sections (3) and (4) shall be omitted.

(8) In this section the expression "the former State of Punjab"
means the State of Punjab as it existed immediately before the 1st day of November, 1956.10.Increase in the strength of the Uttar Pradesh Legislative Council.


10. Increase in the strength of the Uttar Pradesh Legislative
Council. (1) The total number of seats in the Legislative Council of
Uttar Pradesh shall be increased from 72 to 108 and of those seats--

(a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c)
of clause (3) of article 171 shall be 39, 9 and 9.respectively;

(b) the number to be filled by persons elected by the members of the Legislative Assembly of Uttar Pradesh in accordance with the provisions of sub-clause (d) of the said clause shall be 39; and

(c) the number to be filled by persons nominated by the
Governor of Uttar Pradesh in accordance with the provisions of sub-clause (e) of that clause shall be
12.(2) The Delimitation of Council Constituencies (Uttar Pradesh)
Order, 1951, shall, until other provision is made by law, have effect subject to the modifications directed by the Sixth Schedule.

(3) As from the commencement of this Act--

(a) every sitting member of the said Council representing immediately before such commencement a graduates

498.constituency or a teachers constituency the extent of which is altered by virtue of sub-section (2) shall be deemed to have been elected to the said Council by that constituency as so altered;

(b) every sitting member of the said Council representing immediately before such commencement any local authorities constituency specified in column 1 of the
Table below shall be deemed to have been elected to the said Council by the local authorities constituency specified against that constituency in column 2 of the said Table:--

TABLE

----------------------------------------------------------------------
1 2.----------------------------------------------------------------------
Uttar Pradesh North-West (Local Meerut (Local Authorities)
Authorities) constituency. constituency.

Uttar Pradesh North-East (Local Rohilkhand (Local Authorities)
Authorities) constituency. constituency.

Uttar Pradesh West (Local Autho- Agra (Local Authorities) Con-
rities) constituency. situency.

Uttar Pradesh Central (Local Auth- Lucknow (Local Authorities)
orities) constituency. constituency.

Uttar Pradesh South (Local Autho- Allahabad (Local Authorities)
rities) constituency. constituency.

Uttar Pradesh East (Local Autho- Varanasi (Local Authorities)
rities) constituency. constituency.
----------------------------------------------------------------------

(4) As soon as may be after such commencement, elections shall be held to fill--

(a) the additional seats allotted to the several council constituencies by the said Order as modified by this
Act; and

(b) the additional seats to be filled by persons referred to in clause (b) of sub-section (1),

as if those seats had become vacant.

(5) In order that, as nearly as may be, one-third of the members of the said Council may retire on the 5th May, 1958, and on the expiration of every second year thereafter, the Governor of Uttar
Pradesh shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members to be elected under sub-section (4).

499.11.Increase in the strength of the West Bengal Legislative Council.


11. Increase in the strength of the West Bengal Legislative
Council. (1) The total number of seats in the Legislative Council of
West Bengal shall be increased from 51 to 75 and of those seats--

(a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c)
of clause (3) of article 171 shall be 27, 6 and 6.respectively;

(b) the number to be filled by persons elected by the members of the Legislative Assembly of West Bengal in accordance with the provisions of sub-clause (d) of the said clause shall be 27; and

(c) the number to be filled by persons nominated by the
Governor of West Bengal in accordance with the provisions of sub-clause (e) of that clause shall be 9.(2) The Delimitation of Council Constituencies (West Bengal)
Order, 1951, shall, until other provision is made by law, have effect subject to the modifications directed by the Seventh Schedule.

(3) As from the commencement of this Act,--

(a) every sitting member of the said Council representing immediately before such commencement the Calcutta
(Graduates) constituency and every such member representing the Calcutta (Teachers) constituency, the extent of which is altered by virtue of sub-section (2)
shall be deemed to have been elected to the said
Council respectively by the Calcutta (Graduates)
constituency and the Calcutta (Teachers) constituency as so altered;

(b) every sitting member of the said Council representing immediately before such commencement any of the council constituencies specified in column 1 of the Table below shall be deemed to have been elected to the said
Council by the council constituency specified against that constituency in column 2 of the said Table:--

TABLE

----------------------------------------------------------------------
1 2.----------------------------------------------------------------------
West Bengal South (Graduates) con- West Bengal (Graduates) consti-
stituency. tuency.

West Bengal West (Graduates) con- West Bengal (Graduates) consti-
stituency. tuency.

West Bengal North (Graduates) con- West Bengal (Graduates) consti-
stituency. tuency.

Burdwan Division (Teachers) con- West Bengal (Teachers) consti-
stituency. tuency.
----------------------------------------------------------------------

500-502.Presidency Division South (Teache- West Bengal (Teachers) constitu-
rs) constituency. ency.

Presidency Division North (Teache- West Bengal (Teachers) constitu-
rs) constituency. ency.

Darjeeling (Local Authorities) con- West Bengal North (Local Autho-
stituency. rities) constituency.

West Bengal North (Local Authori- West Bengal North (Local Autho-
ties) constituency. rities) constituency.

Nadia-Murshidabad (Local Authori- West Bengal East (Local Autho-
ties) constituency. rities) constituency.

Calcutta-24-Parganas (Local Autho- West Bengal South (Local Autho-
rities) constituency. rities) constituency.

Hooghly-Howrah (Local Authorities) West Bengal Central (Local Auth-
constituency. orities) constituency.

Burdwan Division North (Local- West Bengal West (Local Author-
Authorities) constituency. ities) constituency.
----------------------------------------------------------------------

(4) As soon as may be after such commencement, elections shall be held to fill--

(a) the additional seats allotted to the several council constituencies by the said Order as modified by this
Act; and

(b) the additional seats to be filled by persons referred to in clause (b) of sub-section (1),

as if those seats had become vacant.

(5) In order that, as nearly as may be, one-third of the members of the said Council may retire on the 4th June, 1958, and on the expiration of every second year thereafter the Governor of West Bengal shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under sub-section (4).


12.[Repealed.]


12. [Amendment of Act 43 of 1950.] Rep. by the Repealing and
Amending Act, 1960 (58 of 1960), s. 2 and Sch. I.


13.[Repealed.]


13. [Amendment of Act 43 of 1951.] Rep. by s. 2 and Sch. I, ibid.

503.SCHE

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES (BIHAR)ORDER,
1951.THE FIRST SCHEDULE

[See section 4 (2)]

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES
(BIHAR) ORDER, 1951.In the Table,--

(a) in the third column relating to graduates
constituencies for the figures "2", "2", "1" and "1", the figures "3", "2", "2" and "1" shall respectively be substituted;

(b) in the third column relating to teachers
constituencies, for the figures "1", "1", "2", and "2", the figures "2", "1", "3" and "2" shall respectively be substitued;

(c) in the third column relating to local authorities
constituencies, for the figures "6", "6", "6" and "6", the figures "8", "8", "9" and "9" shall respectively be substituted.


SCHE

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES(BOMBAY) ORDER, 1951.THE SECOND SCHEDULE

[See section 5 (2)]

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES
(BOMBAY) ORDER, 1951.For the Table appended to the said Order, the following Table shall be substituted, namely:--

"TABLE
----------------------------------------------------------------------
Name of constituency Extent of constituency No. of seats
----------------------------------------------------------------------
Graduates Constituencies

Greater Bombay (Gra- Greater Bombay . . . . . 2.duates).

Gujarat (Graduates) Kutch, Halar, Sorath, Gohilwad, Madhya
Saurashtra, Zalawad, Amreli, Ahmedabad
Mehsana, Banaskantha, Sabarkantha, Kaira, Panch Mahals, Baroda, Broach and Surat districts . . . . 2.Maharashtra (Graduates) Thana, Kolaba, Ratnagiri, Kolhapur, South Satara, North Satara, Sholapur, Poona, Ahmednagar, Nasik, Dangs, West
Khandesh, East Khandesh, Aurangabad, Parbhani, Bhir, Osmanabad and Nanded districts . 2.Vidarbha (Graduates) Buldana, Akola, Amravati, Yeotmal, War-
dha, Nagpur, Bhandara and Chanda districts . . . . . 3.----------------------------------------------------------------------

504.Teachers Constituencies

Gujarat (Teachers) . . Kutch, Halar, Sorath, Gohlwad, Madhya
Saurashtra, Zalawad, Amreli, Ahmedabad, Mehsana, Banaskantha, Sabarkantha, Kaira, Panch Mahals, Baroda, Broach and Surat districts
. . . 2.Greater Bombay-cum- Greater Bombay, Thana, Kolaba, Ratna-
Maharashtra (Teachers) giri, Kolhapur, South Satara, North
Satara, Sholapur, Poona, Ahmednagar, Nasik, Dangs, West Khandesh and East
Khandesh districts . . . 4.Vidarbha (Teachers) Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur, Bhandara, Chanda, Nanded, Osmanabad, Bhir, Parbhani and
Aurangabad districts . . 3.Local Authorities Constituencies

Saurashtra (Local Auth- Halar, Sorath, Gohilwad, Madhya rities). Saurashtra, Zalawad and Amreli districts . . 5.Gujarat North (Local Ahmedabad, Mehsana, Banaskantha, Authorities) Sabarkantha and Kutch districts . 4.Gujarat South (Local Surat, Broach, Baroda, Kaira and Panch
Authorities). Mahals districts . . 5.Greater Bombay-cum- Greater Bombay, Thana, Kolaba, Ratnagiri
Maharashtra West and Kolhapur districts . . 4.(Local Authorities).

Maharashtra South Poona, North Satara, South Satara and
(Local Authorities). Sholapur districts . . . 5.Maharashtra North Ahmednagar, Nasik, Dangs, West Khandesh
(Local Authorities). and East Khandesh districts . . 5.Vidarbha (Local Buldana, Akola, Amravati, Yeotmal, Authorities). Wardha, Nagpur, Bhandara and Chanda districts 5.Marathwada (Local Aurangabad, Bhir, Parbhani, Nanded and
Authorities). Osmanabad districts . . . 3.

----------------------------------------------------------------------


SCHE

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES(MADRAS) ORDER, 1951.THE THIRD SCHEDULE

[See Section 7 (2)]

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES
(MADRAS) ORDER, 1951.In the Table,--

(a) in the third column relating to the teachers
constituency, for the figure "4", the figure "6" shall be substituted;

505.(b) in the third column relating to the local authorities
constituencies, for the figures "4", "4", "4" and "4", the figures "5", "5", "6" and "5" shall respectively be substituted.


SCHE

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES(MYSORE) ORDER, 1951.THE FOURTH SCHEDULE

[See section 8 (2)]

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES
(MYSORE) ORDER, 1951.For the Table appended to the said Order, the following Table shall be substituted, namely:--

"TABLE
----------------------------------------------------------------------
Name of constituency Extent of constituency No. of seats
----------------------------------------------------------------------
Graduates Constituencies

Mysore North (Graduates) Bidar, Gulbarga, Raichur, Dharwar, Bijapur, Belgaum, North Kanara and Bellary districts . . 2.Mysore South (Graduates) Chitaldrug, Tumkur, Mandya, Mysore, Hassan, Chikmagalur, Shimoga, Bangalore, Kolar, South Kanara and
Coorg districts . . . 4.Teachers Constituencies

Mysore North (Teachers) Bidar, Gulbarga, Raichur, Dharwar, Bijapur, Belgaum, North Kanara, Bellary districts . . . . 2.Mysore South (Teachers) Chitaldrug, Tumkur, Mandya, Mysore, Hassan, Chikmagalur, Shimoga, Bangalore, Kolar, South Kanara and
Coorg districts . . . . . 4.Local Authorities Constituencies

Mysore North West (Local Belgaum, North Kanara, Dharwar
Authorities). and Bijapur districts . . . 6.Mysore North East (Local Bidar, Gulbarga, Raichur and Bellary
Authorities). districts . . . . . 3.Mysore South West (Local Chitaldrug, South Kanara, Shimoga and
Authorities). Chikmagalur districts . . . 4.Mysore South (Local Hassan, Mandya, Coorg and Mysore
Authorities). districts . . . . . 4.Mysore South East (Local Tumkur, Bangalore and Kolar districts. 4"
Authorities).
----------------------------------------------------------------------

506.SCHE

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES(PUNJAB) ORDER, 1951.THE FIFTH SCHEDULE

[See section 9 (2)]

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES
(PUNJAB) ORDER 1951.In the Table,--

(a) in the third column relating to graduates constituency, for the figure "3", the figure "4" shall be substituted;

(b) in the third column relating to teachers constituency, for the figure "3", the figure "4" shall be substituted;

(c) for the entries under the heading "Local Authorities
Constituencies", the following entries shall be substituted, namely:--

"Punjab North (Local Amritsar, Gurdaspur, Kangra, Hoshiarpur, Authorities). Kapurthala, Jullundur, Ludhiana and
Ferozepur districts . . . . . 8.Punjab Central (Local Patiala, Bhatinda and Sangrur districts 3.Authorities).

Punjab South (Local Simla, Ambala, Karnal, Rohtak, Authorities). Gurgaon, Mohindergarh and Hissar districts . . . . 6".


SCHE

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES(UTTAR PRADESH)
ORDER, 1951.THE SIXTH SCHEDULE

[See section 10 (2)]

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES
(UTTAR PRADESH) ORDER, 1951.For the Table appended to the Order, the following Table shall be substituted, namely:--

"TABLE

----------------------------------------------------------------------
Name of constituency Extent of constituency No. of seats
---------------------------------------------------------------------
Graduates Constituencies

Uttar Pradesh West Meerut, Agra, Jhansi and Allahabad
(Graduates). Divisions . . . . . 5.Uttar Pradesh East Kumaon, Rohilkhand, Lucknow,
(Graduates). Faizabad, Gorakhpur and Varanasi
Divisions . . . . 4.----------------------------------------------------------------------

507.----------------------------------------------------------------------
Name of constituency Extent of constituency No. of seats
----------------------------------------------------------------------
Teachers Constituencies

Uttar Pradesh West Meerut, Agra, Jhansi and Allahabad
(Teachers). Divisions . . . . . . 4.Uttar Pradesh East Kumaon, Rohilkhand, Lucknow, Faizabad,
(Teachers). Gorakhpur and Varanasi Divisions . 5.Local Authorities Constituencies

Meerut (Local Authoriti- Meerut Division . . . . . 6.es).

Agra (Local Authorities) Agra Division . . . . . 5.Allahabad (Local Autho- Allahabad and Jhansi Divisions . . 6.rities).

Varanasi (Local Autho- Varanasi and Gorakhpur Divisions . . 6.rities).

Lucknow (Local Autho- Lucknow and Faizabad Divisions . . 8.rities).

Rohilkhand (Local Autho- Rohilkhand and Kumaon Divisions . . 8.
rities).
----------------------------------------------------------------------


SCHE

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES(WEST BENGAL) ORDER,
1951.THE SEVENTH SCHEDULE

[See section 11 (2)]

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES
(WEST BENGAL) ORDER, 1951.For the Table appended to the said Order, the following Table shall be substituted, namely:--

"TABLE

----------------------------------------------------------------------
Name of constituency Extent of constituency No. of seats
_____________________________________________________________________
Graduates Constituencies

Calcutta (Graduates) Calcutta as defined in clause (11)
of section 5 of the Calcutta Municipal
Act, 1951 (West Bengal Act XXXIII of
1951), together with the Fort William, and that part of Hastings North of the
South edge of Clyde Row and Strand Road to the river bank . . . . 3.West Bengal (Graduates) Burdwan Division; and Presidency
Division [excluding Calcutta as defined in clause (11) of section
5 of the Calcutta Municipal Act, 1951.(West Bengal Act XXXIII of
1951), together with the Fort William, and the part of Hastings North of the
South edge of Clyde Row and Strand Road to the river bank] . . . 3.----------------------------------------------------------------------

508.----------------------------------------------------------------------
Name of constituency Extent of constituency No. of seats
----------------------------------------------------------------------
Teachers Constituencies

Calcutta (Teachers) 24-Parganas district; and Calcutta as defined in clause (11) of section
5 of the Calcutta Municipal Act, 1951.(West Bengal Act XXXIII of 1951), together with the Fort William, and that part of Hastings North of the
South edge of Clyde Row and Strand
Road to the river bank . 3.West Bengal (Teachers) Burdwan Division; and Presidency
Division [excluding 24-Parganas district and Calcutta as defined in clause (11) of section 5 of the
Calcutta Municipal Act, 1951.(West Bengal Act XXXIII of 1951), together with the Fort William and that part of Hastings North of the
South edge of Clyde Row and Strand
Road to the river bank] . . . 3.Local Authorities Constituencies

West Bengal North (Local Darjeeling, Jalpaiguri and Cooch-
Authorities). Behar districts . . . . . 3.West Bengal East (Local West Dinajpur, Malda, Murshidabad and
Authorities). Nadia districts . . . . . 5.West Bengal West (Local Burdwan Division (excluding Howrah and
Authorities). Hooghly districts) . . . . 7.West Bengal Central Howrah and Hooghly districts . . 5.(Local Authorities).

West Bengal South (Local 24-Parganas districts; and Calcutta as
Authorities). defined in clause (11) of section 5 of the Calcutta Municipal Act, 1951 (West
Bengal Act XXXIII of 1951), together with the Fort William and that part of
Hastings North of the South edge of
Clyde Row and Strand Road to the river bank . . . . . . . . . 7".


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THE CENTRAL LAWS (EXTENSION TO ARUNACHAL PRADESH) ACT, 1993


THE CENTRAL LAWS (EXTENSION TO ARUNACHAL PRADESH) ACT, 1993
Year : 1993

Act :
THE CENTRAL LAWS (EXTENSION TO ARUNACHAL PRADESH) ACT, 1993.ACT NO. 44 OF 1993.[27th May, 1993.]

An Act to provide for the extension of certain Central laws to the
State of Arunachal Pradesh.

BE it enacted by Parliament in the Forty-fourth Year of the
Republic of India as follows:-


1.Short title and commencement.

1. Short title and commencement. (1) This Act may be called the
Central Laws (Extension to Arunachal Pradesh) Act 1993.(2) It shall come into force on such date as the Central Govern-
ment may, by notification in the Official Gazette, appoint.

2.Extension of certain laws.

2. Extension of certain laws. The Acts mentioned in the Schedule and all rules, orders, regulations and schemes made thereunder are hereby extended to, and shall be in force in, the State of
Arunachal Pradesh.

3.Construction of references to laws not in force in Arunachal Pradesh.

3. Construction of references to laws not in force in
Arunachal Pradesh. Any reference in any Act, mentioned in the
Schedule, to a law which is not in force in the State of Arunachal
Pradesh shall, in relation to that State, be construed as a reference to the corresponding law, if any in force in that State.

----------------------------------------------------------------------

1 1.7.1994: Vide Notification No. S.O. 491(E), dated 1.7.1994.----------------------------------------------------------------------



2.4.Construction of references to authorities where new authorities havebeen constituted.

4. Construction of references to authorities where new authorities have been constituted. Any reference by whatever form of words in any law for the time being in force in the State of Arunachal
Pradesh to any authority competent at the date of the passing of that law to exercise any powers or discharge any functions in that State shall, where a corresponding new authority has been constituted by or under any law now extended to that State, have effect as if it were a reference to the new authority.

5.Power to remove difficulties.

5. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of any Act now extended to the
State of Arunachal Pradesh, the Central Government may, by order notified in the Official Gazette, make such provisions or give such directions as appear to it, necessary for the removal of the difficulty.

(2) In particular, and without prejudice to the generality of the foregoing power, any such notified order may-


(a) specify the corresponding authorities within the meaning of section 4;

(b) provide for the transfer of any matter pending immediately before the commencement of this Act before any court, tribunal or other authority, to any corresponding court, tribunal or other authority for disposal:

Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.

(3) Every order made under this section shall be laid before each House of Parliament.


3.SCHE
(See section 2)

THE SCHEDULE

(See section 2)

----------------------------------------------------------------
Year No. Short title

1 2 3.----------------------------------------------------------------

1862 3 The Government Seal Act, 1862.1873 5 The Government Savings Banks Act, 1873.1874 4 The Foreign Recruiting Act, 1874.1881 26 The Negotiable Instruments Act, 1881.1884 4 The Explosives Act, 1884.1885 13 The Indian Telegraph Act, 1885.1888 4 The Indian Reserve Forces Act, 1888.1905 4 The Indian Railway Board Act, 1905.1908 6 The Explosive Substances Act, 1908.1938 5 The Manoeuvres, Field Firing and Artillary
Practice Act, 1938.1941 25 The Railways (Local Authorities Taxation)
Act, 1941.1948 31 The National Cadet Corps Act, 1948.1948 37 The Census Act, 1948.1948 46 The Coal Mines Provident Fund and
Miscellaneous Provisions Act, 1948.


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SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985


SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985
Title : SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985 

Year : 1985 

Act : CHAPTER I: PRELIMINARY 

1. Short title, extent, commencement and application
(1) This Act may be called the Sick Industrial Companies (Special Provisions) Act, 1985.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the commencement of that provision.

(4) It shall apply, in the first instance, to all the scheduled industries other than the scheduled industry relating to ships and other vessels drawn by power.

(5) The Central Government may, in consultation with the Reserve Bank of India, by notification, apply the provisions of this Act, on and from such date as may be specified in the notification, to the scheduled industry relating to ships and other vessels drawn by power.

2. Declaration
It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of article 39 of the Constitution.

3. Definitions
(1) In this Act, unless the context otherwise requires-

(a) appellate authority means the appellate authority for industrial and financial reconstruction constituted under section 5;

(b) board means the Board for Industrial and Financial Reconstruction established under section 4;

(c) Chairman means the Chairman of the Board, or as the case may be, the appellate authority;

(d) company means a company as defined in section 3 of the Companies Act, 1956 1[***];

2[(da) date of finalisation of the duly audited accounts means the date on which the audited accounts of the company are adopted at the annual general meeting of the company;]

(e) industrial company means company which owns one or more industrial undertakings;

(f) industrial undertakings means any undertaking pertaining to a scheduled industry carried on in one or more factories by any company but does not include-

(i) an ancillary industrial undertaking as defined in clause (aa) of section 3 of the Industries (Development and Regulation) Act, 1951; and

(ii) a small scale industrial undertaking as defined in clause (j) of the aforesaid section 3;

(g) member means a member of the board or, as the case may be, the appellate authority and includes the Chairman thereof;

2[(ga) net worth means the sum total of the paid-up capital and free reserves.

Explanation: For the purposes of this clause, free reserves means all reserves credited out of the profits and share premium account but does not include reserves credited out of re-evaluation of assets, write-back of depreciation provisions and amalgamation;]

(h) notification means a notification published in the Official Gazette.

3[(i) operating agency means any public financial institution, State level institution, scheduled bank or any other person as may be specified by general or special order as its agency by the board;]

(j) prescribed means prescribed by rules made under this Act;

(k) [Omitted by Act 12 of 1994];

(l) Reserve Bank means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934;

(m) scheduled bank means a bank for the time being included in Schedule II to the Reserve Bank of India Act, 1934;

(n) scheduled industry means any of the industries specified for the time being in Schedule I to the Industries (Development and Regulation) Act, 1951;

3[(o) sick industrial company means an industrial company (being a company registered for not less than five years) which has at the end of any financial year accumulated losses equal to or exceeding its entire net worth.

Explanation: For the removal of doubts, it is hereby declared that an industrial company existing immediately before the commencement of the Sick Industrial Companies (Special Provisions) Amendment Act, 1993, registered for not less than five years and having at the end of any financial year accumulated losses equal to or exceeding its entire net worth, shall be deemed to be a sick industrial company;]

(p) State level institution means any of the following institutions, namely,-

(i) State Financial Corporations established under section 3 or section 3A and institutions notified under section 46 of the State Financial Corporations Act, 1951 (63 of 1951)

(ii) State Industrial Development Corporations registered under the Companies Act, 1956 (1 of 1956)

(iii) Such other institutions, being companies and not being public financial institutions, engaged in the development or financing of industrial undertakings, as the Central Government may, by notification, specify:

PROVIDED that no institution shall be so specified unless not less than fifty-one per cent of the paid-up share capital thereof is held by any State Government or Governments or by any institution or institutions mentioned in sub-clauses (i) and (ii) or partly by one or more public financial institutions or institutions mentioned in sub-clauses (i) and (ii) and partly by one or more State Governments.

(2) (a) Words and expressions used and not defined in this Act shall have the meanings, if any, respectively assigned to them in the Companies Act, 1956.

(b) Words and expressions used but not defined either in the Act or in the Companies Act, 1956, shall have the meanings, if any, respectively assigned to them in the Industries (Development and Regulation) Act, 1951.

(3) Any reference in this Act to any other enactment or any provision thereof, shall, in relation to an area in which such enactment of such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.

4. Establishment of Board
(1) With effect from such date as the Central Government may, by notification, appoint, there shall be established a Board to be known as the Board for Industrial and Financial Reconstruction to exercise the jurisdiction and powers and discharge the functions and duties conferred or imposed on the Board by or under this Act.

(2) The Board shall consist of a Chairman and not less than two and not more than fourteen other members, to be appointed by the Central Government.

(3) The Chairman and other members of the Board shall be persons who are or have been or are qualified to be High Court Judges, or persons of ability, integrity and standing who have special knowledge of, and professional experience of not less than fifteen years in science, technology, economics, banking industry, law, labour matters, industrial finance, industrial management, industrial reconstruction, administration, investment, accountancy, marketing or any other matter, the special knowledge of , or professional experience in which, would be in the opinion of the Central Government useful to the Board.

5. Constitution of appellate authority
(1) The Central Government may, by notification, constitute, with effect from such date as may be specified therein, an appellate authority to be called the Appellate Authority for Industrial and Financial Reconstruction consisting of a Chairman and not more than three other members, to be appointed by that government, for hearing appeals against the orders of the Board under this Act.

(2) The Chairman shall be a person who is or has been a Judge of the Supreme Court or who is or has been a Judge of a High Court for not less than five years.

(3) A member of the appellate authority shall be a person who is or has been a Judge of a High Court or who is or has been an officer not below the rank of a Secretary to the Government of India or who is or has been a member of the Board for not less than three years.

6. Term of office, conditions of service, etc. of Chairman and other members
(1) Before appointing any person as the Chairman or other member, the Central Government shall satisfy itself that the person does not and will not, have any such financial or other interest as is likely to affect prejudicially his functions as such member.

(2) The Chairman and every other member shall hold office for such period, not exceeding five years, as may be specified by the Central Government in the order of his appointment, but shall be eligible for reappointment :

PROVIDED that no person shall hold office as the Chairman or other member after he has attained the age of sixty-five years.

(3) Notwithstanding anything contained in sub-section (1), a member may-

(a) by writing under his hand and addressed to the Central Government resign his office at any time;

(b) be removed from his office in accordance with the provisions of section 7.

(4) A vacancy caused by the resignation or removal of the Chairman or any other member under sub-section (3) or otherwise shall be filled by fresh appointment.

(5) In the event of the occurrence of a vacancy in the office of the Chairman by reason of his death, registration or otherwise, such one of the members as the Central Government may, by notification, authorise in this behalf shall act as the Chairman till the date on which a new Chairman, appointed in accordance with the provisions of this Act, to fill such vacancy, enters upon his office.

(6) When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, such one of the members as the Chairman may authorise in writing in this behalf, shall discharge the functions of the Chairman, till the date on which the Chairman resumes his duties.

(7) The salaries and allowances payable to and the other terms and conditions of service of the Chairman and other members shall be such as may be prescribed:

PROVIDED that neither the salary and allowances nor the other terms and conditions of service of the Chairman or any other member shall be varied to his disadvantage after his appointment.

(8) The Chairman and every other member, shall, before entering upon his office make a declaration of fidelity and secrecy in the form set out in the Schedule.

(9) The Chairman or any other member ceasing to hold office as such shall not hold any appointment or be connected with the management or administration in any company in relation to which any matter has been the subject matter of consideration before the Board or, as the case may be, the appellate authority, for a period of five years from the date on which he ceases to hold such office.

7. Removal of members from office in certain circumstances
(1) The Central Government may remove from office any member, who-

(a) has been adjudged as insolvent, or

(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or

(c) has become physically or mentally incapable of acting as a member, or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member, or

(e) has so abused his position as to render his continuance in offence prejudicial to the public interest.

(2) Notwithstanding anything contained in sub-section (1), no member shall be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court on a reference being made to it in this behalf by the Central Government, has, on an inquiry held by it in accordance with such procedure as it may specify in this behalf, reported that the member ought, on such grounds, to be removed.

8. Secretary, officers and other employees of Board or appellate authority
(1) The Central Government shall appoint a Secretary to the Board and a Secretary (by whatever name called) to the appellate authority to exercise and perform, under the control of the Chairman, such powers and duties as may be prescribed or as may be specified by the Chairman.

3[(2) The Central Government may provide the Board and the appellate authority with such other officers and employees as may be necessary for the efficient performance of the functions of the Board and the appellate authority.]

(3) The salaries and allowances payable to and the conditions of service of the Secretary and other officers and employees of the Board and the appellate authority shall be such as may be prescribed:

PROVIDED that such Secretary, officer or other employee shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the Schedule.

9. Salaries, etc. be defrayed out of the Consolidated Fund of India
The salaries and allowances payable to the members and the administrative expenses, including salaries, allowances and pension, payable to or in respect of the officers and other employees of the Board and the appellate authority shall be defrayed out of the Consolidated Fund of India.

10. Vacancies, etc. not to invalidate proceedings of Board and appellate authority
No act or proceeding of the Board, or, as the case may be, the appellate authority shall be questioned on the ground merely of the existence of any vacancy or defect in the constitution of the Board or the appellate authority or any defect in the appointment of a person acting as a member of the Board or the appellate authority.

11. Members and staff of Board and appellate authority to be public servants
The Chairman and other members and the officers and other employees of the Board and the appellate authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

12. Constitution of Benches of Board or appellate authority
(1) The jurisdiction, powers and authority of the Board or the appellate authority may be exercised by Benches thereof.

(2) The Benches shall be constituted by the Chairman and each Bench shall consist of not less than two members.

3[(3) If the members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the Chairman of the Board or, as the case may be, the appellate authority who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case including those who first heard it.

13. Procedure of Board and appellate authority
(1) Subject to the provisions of this Act, the Board or, as the case may be, the appellate authority, shall have powers to regulate-

(a) the procedure and conduct of the business;

(b) the procedure of the Benches, including the places at which the sittings of the Benches shall be held;

(c) the delegation to one or more members of such powers or functions as the Board or, as the case may be, the appellate authority may specify.

(2) In particular and without prejudice to the generality of the foregoing provisions, the powers of the Board or, as the case may be, the appellate authority, shall include the power to determine the extent to which persons interested or claiming to be interested in the subject matter of any proceeding before it may be allowed to be present or to be heard, either by themselves or by their representatives or to cross-examine witnesses or otherwise to take part in the proceedings.

(3) The Board or the appellate authority shall, for the purposes of any inquiry or for any other purpose under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying suits in respect of the following matters, namely,-

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

(b) the discovery and production of document or other material object producible as evidence;

(c) the reception of evidence on affidavit;

(d) the requisitioning of any public record from any court or office;

(e) the issuing of any commission for the examination of witnesses;

(f) any other matter which may be prescribed.

14. Proceedings before Board or appellate authority to be judicial proceedings
The Board or the appellate authority shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 and every proceeding before the Board or the appellate authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code. 


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THE BRITISH STATUTES (REPEAL) ACT, 2004


THE BRITISH STATUTES (REPEAL) ACT, 2004
Year : 2004

Act :
THE BRITISH STATUTES (REPEAL) ACT, 2004.

NO. 17 OF 2004.

[20th February, 2004.] 
An Act to repeal the British Law Ascertainment Act, 1859, the Foreign Law Ascertainment Act, 1861, the Colonial Probates Act, 1892, in so far as they apply to India, and the India (Consequential Provision) Act, 1949.BE it enacted by Parliament in the Fifty-fifth Year of the Republic of India as follows:-



1.

Short title.



1. Short title.-(1) This Act may be called the British Statutes (Repeal) Act, 2004.

2.

Definition.



2. Definition.-In this Act, "British Statutes" means the British Law Ascertainment Act, 1859 (22 & 23 Vict. C.63), the Foreign Law Ascertainment Act, 1861 (24 & 25 Vict. C.11), the Colonial Probates Act, 1892 (55 & 56 Vict. C.6), in so far as they apply to India, as the India (Consequential Provision) Act, 1949 (12, 13 & 14 Geor. VI V.92).



3.

Repeal.



3. Repeal.-The British Statutes are hereby repealed.


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MONOPOLIES AND RESTRICTIVE TRADE PRACTICES RULES, 1970


MONOPOLIES AND RESTRICTIVE TRADE PRACTICES RULES, 1970
Year : 1970

Act : [GSR 1037 dated 9th. July, 1970]

In exercise of the powers conferred by section 67 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), the Central Government hereby makes the following Rules, namely: -

1. Short title and commencement
(1) These rules may be called the Monopolies and Restrictive Trade Practices Rules, 1970.

(2) They shall come into force on the date1 of their publication in the Official Gazette.

2. Definitions
In these rules,-

(a) Act means the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969)

(b) form means a form specified in the Schedule to these rules;

2[(bb) Director General means the Director General of Investigation and Registration appointed under section 8 of the Act;]

3[(C) principal officer in relation to an undertaking means;

(i) where the undertaking is owned by a body corporate-

(a) the managing director of the body corporate; or

(b) any other director, manager or secretary of the body corporate who has been authorised by the board of directors of such body corporate by means of a resolution in that behalf;

(ii) where the undertaking is owned by a firm, any partner thereof;

(iii) where the undertaking is owned by a Hindu undivided family, the karta or the manager of the family;

(iv) where the undertaking is owned or controlled by an association of individuals, whether incorporated or not, the individual who has been specifically authorised in writing in this behalf;

(v) where the undertaking is owned by an individual, the individual himself;

(vi) where the undertaking is owned or controlled by a trust, the managing trustee or any other individual, who is managing the trust.]

3. Notice or application to the Central Government
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

4.
[Omitted by the MRTP (Second Amendment) Rules, 1971.]

4A. Publication of general notice relating to notice under section 21 or application under section 22 or 23
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

5. Notice under sub-section (1) of section 21
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

5A. Application under clause (d) of sub-section (3) of section 21
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

6. Application under sub-section (2) of section 22
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

6A. Application under clause (d) of sub-section (3) of section 22
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

6B. Exemption under clause (aa) of sub-section (1) of section 22A
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

7. Application under section 23
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

8. Application under section 25
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

9. Application for registration
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

9A. Application for cancellation of registration
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

9B.Application for approval under section 30B
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

9C. Intimation under section 30C and application for approval under section 30D
[Omitted by the MRTP (Amendment) Rules, 1991, w.e.f. 26th. December, 1991.]

10. 2Payment of fees
(1) Fees payable under the Act or any rules or regulations made thereunder shall be paid by means of a challan into the Public Account of India at the undermentioned branches of the Punjab National Bank for credit under the Head of Account 104 Other General Economic Services-Fees realised under the Monopolies and Restrictive Trade Practices Act, 1969-(i) Fees realised by the Monopolies and Restrictive Trade Practices Commission and by the Director General of Investigation and Registration; (ii) Application fees realised by the Central Government under the Monopolies and Restrictive Trade Practices Act, 1969.

Sl.No. City Name of the Branch of the Punjab National Bank 
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21
Ahmedabad 
Allahabad

Bangalore

Bombay

Calcutta

Chandigarh

Cuttack

Delhi

Ernakulam

Gwalior

Hyderabad

Jaipur

Jodhpur

Jullundur

Kanpur

Madras

Nagpur

Panaji

Patna

Shillong

Srinagar
Ashram Road

Civil Lines

City Branch

Phiroz Shah Mehta Road

Brabourne Road

Sector 17

Cuttack

Barakhamba Road, New Delhi
Ernakulam

Naya Bazar

Bank Street

M.I. Road

Ratnada Colony

Civil Lines

Swaroop Nagar

Mount Road

Kingsway

Piffurlekar Road

Boring Road

Shillong

Amirkadal 

(2) The fees payable under the Act, or any rule or regulations made thereunder may also paid by means of a demand draft drawn in favour of Pay and Accounts Officer, Department of Company Affairs, New Delhi

(3) The challan/bank draft may be sent to the Department of Company Affairs, Shastri Bhawan, New Delhi or the Monopolies and Restrictive Trade Practices Commissioner or the Director General of Investigation and Registration, New Delhi, as the case may be.]

11. 2[Application under section 36(3) of the Act
(1) Where an application is received by the Director General under sub-section (3) of section 36 of the Act and he is of the opinion that it can be disposed of in conformity with any general directions issued by the Commission, he shall do so after giving the applicant an opportunity of being heard.

(2) Any application made to the Director General under sub-section (3) of section 36 of the Act shall be accompanied by six additional copies thereof.]

11A. 2[Particulars to be entered in the register and its maintenance
(1) The Director General shall enter the particulars of agreements registrable under sub-section (1) of section 33 of the Act and the substance of each order made by the Commission under section 37 in the register maintained in accordance with Form X.

(2) The Director General shall maintain a special section of the register under sub-section (2) of section 36 of the Act for entering therein such particulars as may be directed by the Commission or as may be prescribed by regulations made in this behalf under section 66.

(3) The Director General shall maintain an alphabetical index of the names of the parties to the agreements other than those reserved to be entered in the special section of the register.

(4) The Director General shall also maintain an alphabetical index of the agreements in relation to the goods or services covered by such agreements, as far as practicable, on the lines of the classification specified in the Schedule to the Monopolies and Restrictive Trade Practices (Classification of Goods) Rules, 1971.

(5) All agreements and other documents furnished under section 35 of the Act shall be kept in separate folders arranged in alphabetical order according to the name of the first contracting party.

(6) The Director General shall also maintain in separate registers, particulars in respect of restrictive trade practices, monopolistic trade practices and unfair trade practices investigated by him or inquired into by the commission, in accordance with Form XI, Form XIA and Form XIB, respectively.]

12. 4[The procedure to be followed in furnishing particulars of agreement
In respect of every agreement 5[registrable under sub-section (1) of section 33] of the Act,-

(i) there shall be delivered or sent to the 6[Director General] within the period specified in sub-section (2) 7[or, as the case may be, sub-section (3)], of section 35 of the Act,-

(a) 8[two] copies of each documents specified, in relation to that agreement, 7[or as the case may be, of any variation or determination thereof], in clause (iii) of this rule, one copy of each of which is signed or identified by the signature of the person furnishing it, and therewith,

(b) a certificate in 9[Form XII] signed by the person furnishing such copies and certifying that there are comprised in those copies the whole of the terms of that agreement 7[or of any variation or determination thereof] and the names of the persons who are parties to it (including in the case of an agreement made by a trade association, all persons who are members of the association or are represented thereon by such members)

(ii) 10[where any person is a party to numerous agreements which are in the same form except for one or more of the following, namely:-

(1) the identity of another party thereto;

(2) the date of duration thereof;

(3) the area or market allotted or the rate of quantum of commission or discount or rebate payable or the period for which credit is allowed or the amount of security to be deposited and the rate of interest, if any, payable thereon or the minimum quota of goods required to be disposed of over a specified period, to or by any party thereto;

(4) the products which are the subject-matter of such agreements, he may instead of complying with clause (i) of this rule in respect of each of those agreements individually, deliver or send to the 6[Director General] within the period specified in sub-section (2) of section 35 of the Act-]

(a) 16[two] copies of each document specified in clause (iii) of this rule, setting out the whole of the terms common to all agreements, one copy of each of which is signed or identified by the signature of the person furnishing it, and therewith;

(b) 10[two] copies of lists indicating, respectively, the name and address of each person who is a party to all those agreements and 10[the particulars as specified in clauses (1) to (4) in respect of each such agreement]; and

(c) a certificate in 9[Form XII] signed by the person furnishing those copies and certifying that there are comprised in those copies the whole of the terms of those agreements and the names of all the persons who are parties to them at the date of the certificate (including, in the case of an agreement made by a trade association, all persons who are members of the association or are represented thereon by such members)

(iii) (a) in so far as the terms of any agreement are comprised in one or more instruments in writing, each of those instruments (including, in relation to an agreement in which a term is implied by virtue of Explanation II of section 35 of the Act, and specific recommendation to which such term applied) is a document of which copies are required to be delivered or sent to the 16[Director General]:

PROVIDED that if one or more of those instruments vary another or others of them, the copies of the instruments so varied may indicate and incorporate those variations;

11[(b) in so far as the terms of an agreement are not comprised in one or more instruments in writing, a memorandum in writing, setting out the whole of the terms of the agreement and the names of persons who are parties to it (including in the case of an agreement made by a trade association, all persons who are members of the association or are represented thereon by such members,) shall be delivered or sent to the 6[Director General];

(c) in so far as an agreement, after it has been registered, is varied at any time (whether in respect of persons who are parties to it or in respect of the terms thereof) or is determined (otherwise than by efflux of time), then-

(i) if the variation or determination is comprised in one or more instruments in writing, each of these instruments

(ii) if the variation or determination is not comprised in one or more instruments in writing, a memorandum in writing setting out the whole of the terms of variation or, as the case may be, indicating the determination;

shall be delivered or sent to the 6[Director General].

2[13. Examination and recording of agreements
(1) The Director General shall examine or cause to be examined particulars of every agreement received in his office.

(2) If, on such examination, any particulars are found to be defective or incomplete in any respect, the Director General shall, within a period of six months from the date of receipt of the agreement, direct the party who has furnished the agreement to rectify the defects therein or, as the case may be, to supply the omissions therefrom.

(3) The following particulars shall be endorsed on every document registered under these rules, namely:-

(a) Date on which it is registered;

(b) Serial number and page of the register of agreements in which entered.

(4) Every endorsement referred to in sub-rule (3) shall be signed by the Director General and shall bear his official seal.]

2[13A. Duties and functions of the Director General
(1) (a) The Director General shall, in addition to the duties and functions entrusted to him under the Act and these rules, be entitled to appear in any proceeding in the course of any inquiry before the Commission;

(b) where the Director General is entitled to appear before the Commission, he may appear either in person or be represented by a counsel duly authorised in this behalf.

(2) It shall be the duty of the Director General to conduct such investigations as may be directed by the Commission for any of the purposes under the Act.]

4[14. Address to which the documents are to be delivered or sent
Anything required by these rules to be delivered or sent to the Registrar shall be addressed to the Registrar of Restrictive Trade Agreements, New Delhi.]

2[15. Place where register is to be maintained and inspected
The register of agreements shall be maintained at the Central Office of the Commission and at such other places as may be determined by the Central Government.]

2[16. Inspection of, and extracts from, the register
(1) Any person who wishes to inspect the register, other than the special section, shall apply to the Director General along with a challan or a bank draft referred to in rule 10 evidencing the payment of a fee of rupees twenty-five for each day of inspection.

12[(2) The Director General may allow the applicant to inspect the register at any time during office hours between 10.30 a.m. to 4.00 p.m. on any working day either in his presence or in the presence of any person authorised by him in this behalf.]

(3) The applicant shall not be permitted to take out extracts of any particulars entered in the register, but may be allowed to take notes in pencil of any points from the particulars entered in the register.

(4) Any person who wishes to obtain a certified copy of, or extract from, any particulars entered in the register, other than the special section, shall apply to the Director General and such application shall be accompanied by a fee of rupee one for every one hundred words required to be copied, or extracted.

(5) A copy issued under sub-rule (4) of this rule shall be certified to be a true copy by the Director General or any officer authorised by him in this behalf.]


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