1954 - Ministry of Law and Justice

(vi).Year No. of Act Short title of Act How affected No. and section ofof1954 Act by which# Act affectedI953 27 . . Air CorporationsAct.I953 29 - . Tea Act.I953 34 . . Estate Duty Act.I954 1. . Prevention of , Disqualification(Parliamenta$ PartC States Legislatures)Act.Ss. 22, 23 and 24 am. 10; ss. 2 to 4.S. 25 am. 49 ; s. 2.S. 4 am. 52 ; S. 2.Ss. 3 and 33 am. I7 ; s. 4.Ss. I and 50 am. 41; s. 2 and Sch.S. 4 am. 19; s. 2.PART 11.-Central01.dinances repealed, amended or otherwise affectedYear No. of Ordi- Short title of Ordi- How affected No. and section ofof nance nance 1954 Act by whichOrdi-affectednancetI953 7. . . . Barsi Light Railway Rep. 14; s. 5.Company (TrapsferredLiabilities)Ordinance.Displaced Persons Rep. 12; s. 13.(Claims) SupplementaryOrdinance.19544. . . Press (Objectionable Rep. 13; s. 7.Matter) AmendmentOrdinance.I954 5. . Air Corporations Rep. 10; S. 5.(Amendment) Ordinance.19546. . . Transfer of Evacuee Rep. 1.5; s. 14.Devosits Ordinance..I954 8. . . Indian Income-tax Rep.(Amendment) Ordinance.Central Excises and Rep. 34; s.4.Salt (Amendment)Ordinance.

(vii)PART 111.-Constitution.of India amended.How affectedNo. and section of1954 Act by whichaffectedConstitutionof India Sixth Sch. para 20 18; s. 3.am.First Sch. Part C 32; ss. 4 and 6.and Fourth Sch.am.First Sch. Part A 36; s. 4.am.PART 1V.-StateActs repealed, atnended or otherwise affectedYear No. of Act Short title of Act How affected No. and section ofof1954 Act by whichAct " affected----- ---- -------------Svt.-1958 . Jammu and Kash- Rep. inpart. 41; s. 5.inir Customs Act.1992 IV . . Matches (Excise Rep. ibid.Duty) Act.- 1992 V . . Mechanical Lighters Rep. ibid.(ExciseDuty)Act.2000 VI . . Sugar (Excise Duty) Rep. ibid.Act.2007 X . . Income-tax Act. Rep. ' ibid.PART V.-StateOrdinances, Re~ulations etc. affected.-- ---Year No. Short title of enact- How affected No. and section ofment affected1954 Act by whichaffected.1810 XIX . . Bengal Charitable Shall not apply to 29; s. 69.Endowments, Pub-Wakfs covered bylic Buildings Act 29 of 1954.and Escheats Regulation.Svt. V . . Jammu and Kashmir Rep. 41; s. 5.2001 -Tobacco (Ex- @cise Duty) Ordinance.-, -9-S. - ---- d

Prevention of Disqual$cation (Parliament andPart C States Legislatures)[ACT I(c) "statutory body" means any corporation, board, company,society or any other body of persons, whether incorporated ornot, established, registered or formed by or under any law for' the time being in force or exercising powers and functions under., any such 1,aw.3. Removal and preventian of disq~alification for membership ofParliament in certain cases.-It is hereby declared that the followingoffices shall not disqualify, and shall be deemed n@ver to have disqualified,the holders thereof for being chosen as, or for being,members of Parliament,-(a) the offices of Chairman and member of a Committee setup for the purpose of advising the Government or any otherauthority in respect of any matter of public importance or for\ the purpose of making an inquiry into, or collecthg statistics in- respect of, any such matter:Provided that the holder of any such office is not in receipt of,or entitled to, any fee or remuneration other than comp.ensatoryallowance;a(b) the offices of the Vice-chancellors of Universities;(c) the offices of the Deputy Chief Whips in Parliament;i(6 the offices held by officers in the National Cadet Corps- - - raised and maintained under the National Cadet Corps Act, 1948(XXXI of 1948), and in the Territorial Army raised and maintainedunder the *Territorial Arm? Act, 1948 (LVI of 1948).4. Temporary removal of disqualification for membership ofParliament in certain ether cases.--It is hereby further declaredkhat(b) the offices of Chairman, director, member and officer ofa statutory body, where the power to make any appointment toany such office or the power to remove any person therefrom isvested in the Government.

iTHE ,CANTONMENTS (AILIEWDfilENT) ACT, I 953(No. 2 OP 1954).An Act further to amecd the Csntonments Act, 1924.BE it enacted by Parliament as follows:-1. Short title.--This Act may be calleg the Cantonments (Amendment)A&, 1953. .2. Amendment of section 2, Act I1 of 1924.-In se'ction 2 of theCantonments Act, 1924 (hereinafter referred to as the principal Act).-(a) after clause (i,$, the following clause shall be inserted,namely :-'(iia) "boundary wall" means a wall which abuts on'a streeband which does not exceed eight feet in height;';(b) in clause (iv), for the braokets and words "(other thap 8rboundary wall not exceeding eight feet in height and not abutting" the brackets and words "(othtr than a boundary wall),"shall be su stituted.a st"eti3. Omission of Section 2A, Act I1 of 1924.-Section 2A of the principalKcb shall be omitted.4. Amendment of section 4, Act I1 of .1924.-In sub-section (1) ofsection 4 of the principal Act,-(a) after the words "The Central Government may" the words ,"after consulting the State Government and the Board ooncerned!A' .shall be inserted; and(b) for the words "a cantonment" wherever they occur, the words"the cantonment" shall be substituted.5. Amendment of Section 12, Act I1 /of 1924.-In the proviso to subsection(1) of seotion 12 of the principal Act, for the yords "Provided , \- ,that" the following' shall be substituted, namely :-"Provided that where a member of the Military Lands and CantonmentsService is not readily available for such appointment, a wlitaryOfficer imy be appointed a~, the Executive office^ for a period notexceeding three months :Provided further that".6. Amendment of. section 26, A.ct I1 of 1924,-En sub-section (3) ofsection 26 of the principal A&,--and(a) tha WOI-~P "or the inhabitants into classes,," shall be omitted;(b) the words "or class, as the case may be" shall be omitted.3

i 4Cantonments (Amendment) [ACT 27. Amenaent of section 28, Act I1 of 1924.-In sub-section (2) ofsection 28 of the principal Act., after clause (da), the following clause shallbe inserted, namely:-"(ddd) is a member of any other local authority; or".8. Omission of section 30, Act I1 of 1924.-Section 30 of the principalIAct shall bc omitted.III/9. llrr~endment of section 31, Act I1 of 1924.1n section 31 of theprineipel Act,-(1 in clause (a), the wmde "or of the inhabitants of a cantonmentinto c asses, or both" shall be omitted;(ii) in clause (b), the words "or dass of persons'.' shall be omitged.10. ~mendment of section 34, Act I1 of 1924.-To clause (b) ofsub-section (1) of section 34 of the principal Act, the following Explanationhall bs a-dded, namely:-"Explanation.-In computing the aforesaid period of three conseuutivemonths, no ,account shall be taken of any period of absencewith the leave of the Board."11. Amendment of section 43A, Act I1 of 1924.-In sub-section (1) ofsection 43A of the principal Act, for the words "bazar areas" the words"civil areas" shall be substituted.12. Amendment of section 73, Act I1 of 1924.-In sub-section (3) ofsection 73 of the principal Act, for the words "as the Executive Oficermay direct." the words "as may be determined by rules made undersection 260. " shall be substituted.13. Amendment of section 103, Act I1 of 19!&l.--For sub-section (2) ofsection 103 of the principal kt, trlre following sub-section shall bec substituted, namely :-"(2) If any person, when called upop under sub-section (1) tofurnish infomiation, neglects to furnish it within the period specified! in this behalf'by the ;Executive Officer or furnishes information whichI is not true to the best of his knowledge or belief, he shall beI/punishable "with fine which may extend to one hundred rupees andiIshall also be liable to be assessed at such amount on aocount of taxas ffhe Board may deem proper, and 'the assessment somade shall, subject to the provisions of this Qt, be find."14. Amendment of section 113, Act I1 of 1924.-In dause (b) ofsub-section (1) of section 113 of the principal Act, for the words "onehundred rupees" the words "two hundred rupees" shall be substituted.15. A~hendment of section 114, Act I1 of 1924.-In sub-section (1) ofsection 114 of the principd Act.-(a) for the words "fifty rupees" the words "one hundred rupees"shall be substituted ;(b) in the pl.nviso, for the words "two hundred rupees-" thewords "five hund~ed rupees" shall be substituted.

OF 19541Cantonments (Amendment)5 ,16. Amendment of seotion 118, Aat I1 of 1924.-In sub-section (4) of .section 118 of the priiicipal Act,-((() after the vord "picketed" the words "or straying" shall beiuserted ; and(b) the words "as if the ariimal' had been found straying" shallbe omitted.17. Amendment of section 185, Act I1 of 1924.- In sub-section (1) ofsechion 185 of the principal Act, for the words "six months" the words"twelve months" shall be substituted.18. Substitution of new section for section 200, Aot I1 of 1924.-Farsection 200 of the principal Act, the following section shall be substituted,namely :-"200. Power to t~ansfer ~IJ public auction, &.-The Board maykransfer by public auction, for any period not exceeding three yearsat a time, the right to occupy or use any stall, shop, standing, shedor pen in a public market, or public slaughter house, or the right toexpose goods for sale in a public market or the right to weigh ormeasure goods sold therein, or the right to slaughter animals in anypublic slaughter house :,Provided that where the Board is of opinion that such transferof the aforesaid rights by public auction is not ,considered desirableor expedient, it may, with the previous sanction of the General OfficerCommanding-in-Chief of the Command,-(a) either levy such stsllsges, rents or fees as it thinksfit; or,(b) farm the stallages, rents and fees leviable under clause(a) for any period not exceeding one year at a time."19, Amendment of section 210, Act 11 of 1924.-To sub-section (2) ofsection 210 of the principal Act, the words "or that the premises in which$he.business is intended to be established or maintained are unsuitablefor the purposeJ' shall be added.20. Amendment of section 236, Act I1 of 1924.-In sectioii 235 of theprincipal Act ,--(a) after the words "Officer Commanding the station", wherever$hey occur, bhe words "or the Board" shall be inse'rted;(t,) aft.er the words "before him" the words "or the Eoard, asthe may be" shall be inserted;(c) for the words "he may" the words "the Officer Commandingthe station or, as the case may be, the Board may" shall besubstituted.

IIi!Cantonments (Amendment) [ACT 2 OF 1.954121. ~mendment of section 237, Act PP of J.924.-Inprincipal Act,-section 237 of the1 (a) after the words "Officer Commending the station", whereverIthey occur, the words "or the Board" shall be inserted;(b) for the words "as he thinks necessary" the words "w he or itthinks necessary" shall be subsbituted ; 1I(c) for the words."he may" the words ''he or, as the case maybe, the Board may" shall be substituted.22. Amendment of section 259, Act II of 1924.-in section 259 cf the ,principal Act,-jn) in sub-section (I),-I'(i) for the words "arrears of any tax and any other money -1recoverable by a Board under this Act,': thE, words "arrears ofeny tax, rent on land and buildings and any other moneyrecoverable by a Board or a Military Estates Oficer under$his Act or the rules made thereunder" shall be substituted;1(ii) for the words "tax or money" the words "tax, rent or 9money" shall be substituted;$I(iii) for the words "growing crops or grass", the words "orgrowing crops" shall be substituted;(iv)Iin the proviso, after the words "tools of artisans" thewords ''orowing crops up to the value of five hundredrupees acd implements and cattle used for the purposes of agriculture"shall be inserted;(b) in sub-section (2), after the words "by the Executive Officer"the words "or the Military Estates Officer" shell be inserted.23. Amendment of section 280, Act I1 of 1924.-In sub-section (2) ofsection 280 of the principal Act, after clause (k), the following clausesshall be inserted, namely:-- -"(1) the grant of leave to the members of-the Board;(m) the form of notices required to be sect l~nder this Act a ~ ~ dane manuer of heir service."24. Amendment of section 2868, Act I1 of 1924.-Seotion 28611 of theprincipal Act shall be re-numbered as sub-section (1) of thah section andafter sub-section (I) as s,o re-numbered, the following sub-section shall beinserted, namely :-1IIIII3Ii,Ii 1'"(2) The Board may, by a resolution passed in this behalf, dele.-gateto the P~esident, Vice-President, Executive Officer or liealhOfficer, ~ub1ec.l .lo such coi~ditions, if any, as may be ;pec.ified jn theresolution, all or any of its functions under snb-section (3) of section82, s11ls-section (3) or clause (b) of sub-section (5) of sectiori 119, sectioa131, sub-section (2) of section 132, section 143, section 101, section163, section 164, se,c,tioli 168, set-tion 169, section 189, scctivii 190,section 191, section 194, section 195, section 196 or sectlion 197."- -

\THE ANCIENT AND HISTORKAE MONUMENTS ANDARCHBOLOGICAL SITES AND REMAINS (DECLA-RATION OF NATIONAL IMPORTANCE) AMENDMENTI ACT,. I953(NO. 3 OF '1954)An Act to amend the Ancient and Historical Monumznts andAschaeologic.;il Sites and Remains (Dzclaration of, NationalImportance) Act, 1951.\ [ 2nd January, 19541BE it enacted by Parliament as follows:-1. Short title.-This Act may be called the,Ancient and HistoricalMonuments and Archeological Sites and Remains (Declaration ofNational Importance) Amendment Act, 1953.2. Amendment of Schedule, Act LXXI of 1951.-In the- scheduleb the Ancient and Historical Monuments and Archzological Sitesand Remains (Declaration oft National Importance). Act, 1951,-I(1) belorn7 the words, figure and brackets '(See section 2)',the following Explanatory Note shall be inserted, namely :--"Explanatory Note.-The entries in this Schedule are intendedonly to identify the ancient and historical monu- -ments and arch=ological sites and remains referred to orspecified therein and any cleric,al mistakes, patent errorsor err'ors arising from any accidental slip or omission in thedescription of any such ancient and historical monuments .or archizological sites and remains inay at any time hacorrected by the Central Governlnent by notification in theOfficial Gazette.";(2) in Part-1,-(a) in item 1, the following shalI be added at the end,namely:- i L"except the following:-Serial Name of monument LocalityNo.- I--ASSAM STATEDistrict Sadiya Frontier Trac~I. The stone boundary pillar of the Ahom period . . Sadiya.BIHAR STATEDistrict $hahabad1. Arrah House . . . A~rah.- ----\..-__

- be8 The Ancient and Historical Monuments and [,ICY. 3Archaeological Sites and Remazns (Declaration ofNational Importance) AmendmentSerial Name of monument LocalityNO.^BOMBAY STATEDistrict BijapurI. Inscriptions . . Almel.2. Do. . . . . Indi.3. Do. . Tambe.4. Do. . . . . . . . .District East KhandeshwSalotgi. .5. 0fd Fort . . . . Yawal.Disttict Mehsana6. Old Vav or stepped well Modhira.7. Sun Temple . . . . . . . Kheralu.. . District Poona8. Narayaneshwar Mahadeo Temple . . Purandhar."(b) in item 11,-(i) for the words and letter 'Part B States' thewords and letters 'Part A States and Part B States' shallsubstituted;(ii) in the Table appended to that item,-(a) the following shall be inserted before theheading 'Hyderabad St,ate':-7 -"PART A STATESANDHRP STATEDistrict Kurnool. . . . . . .1. Umamahesvaraswami Temple . Yaganti.2. Old Cave Temple Yaganti.3. Nandav'aram Temple including the Sculpture ofNwd,axqrm.Subrahmanya 0 . r . . . .P;rtricr Bhagalpur. . . . .I. Patalpuri cave1 d land adjoining Bateshwar cave on thePatharghata Hi ')District MuzajfarpurMadhorampur.2. luma Mosque . . . . . . . Hajipuc.District BarodaI, I. Gateway or Torana . . Karvan./---- -----

iOF 19541 The Ancient and Historical Monuments aqd 9 4Archaeo~ogical Sites and Remains (Declarazion of 1Natzona_l Importancz) Amendment--- "-..-Serial Name of monument LocalityNo.- -.-.aDistrictKaira2. Jami Masjid . . Cambay.District Kolaba3. Buddhist cave . . Gomashi.4. Janjira Port . , . Rajpuri.5. Kasa Fort . Murud.6. Khads~mla caves . .4Nenavali.7. Thanala caves . . Nadsur.8. Tombs at Khokari Najik Ghumaj (Khokari Ghumaj) . Rajpuri.District Kolhapur9. Buddhist caves . . . Pohala.10. Kopeswar temple . . Khidrapur.11. Panhala Fort . . . . . Panhala.(a) Ambarkhana.(b) Andra Vav.(c) Dharma Kothi.(d) Naikinicha Sajja.(e) Teen Darwaja.(f) Wagh Darwaja.(g) Tatbandi together with bastions.District Mehsana12. Jama Masjid . . . . . . Sidhpur.District North Satara13. Jhabareshwar Mahadeo Temple. . . Phaltan..MADHYA PRADESH STATEDistrict BagtarI. Ancient sculptures in Danteshwari temple . . Barsur.2. Ardhanariswara imagq . . Bhairam.Deo Gudi.3. Chandraditya temple . . . Barsur.4. Danteswari Devi temple . . Dantewada.5. Ganesh Statues . . Barsur.6. Kamqa Memorial or urasagatta post . . Dhilmili.7. Karli Mahade~temple . . Sampur.8. Mahadeo temple . . Bastar.9. Mamabhanjaka temple . Barsur.10. Narayan temple . .. . . Narainpal.District zaba&ur11. Tapsimaih . . dilha~i.j1- 1i4*Ii:.Ji3i4_i1I

TO The Ancient and Historzcal Monuments and [ACT 3Archaeological Sites and Remains .(Declaration of, National Importame) AmendmentISerial Name of monument LocalityNo.-MADRAS STATEDistrict ChingleputI. Iravatanesvara temple . . . . . . Big ICancheepuram.Distiict Tanjore2. Airavatesvarar temple . . . . . Chattram Darasuram. IDistrict Tiruchirapalli*-i3. Prehistoric dolmens . - . . . Peyal.I/IOR~SSA STATEDistrict CuttackI. Churangarh Fort locally known as Sarangarh, excluding Ithe area acquired by the State Government . . Dadhapatna.i- District Mayurbhanj2. Khichingeswari temple . . . , . Khiching.IDistrict Puri 13. Chausath Yogini temple locally kilown as Mahamayatemple . . Hirapur.4, Churangarh Fort, excluding the area acquired by the !StateGovernment. . . . . . . ChurangaWEST BENGAL STATEDistrict BirbhumBhalunka.Krishnanagar. 1I. Navaratna temple . . Brahmanidhi." 1IIi(b), after the entries as aforesaid and before the heading'Hyderabad State', the heading 'PART B STATES' shall be inserted.I(c) in the entries under the heading 'Hyderabad State'and under the sub-heading 'District Raichur' the following Ientries shall be' added at the end, namely:-j/'19A. ' Rock edicts of Asoka :on twibhillocks, 'known asi;ii I! -Gavimath and Palkigundu . . . .Kopbal .:;I . ,1-YE. Rock edicts of Asoka . ...., Maski'. ' 't liI(d) in the entries under the heading 'Madhya Bharat State',-1 (i) entry 33 shall be omitted;li(ii) for the sub-beading 'District Gwalior' afater theIentries under the sub-heading 'District Dhnr' the sub-heading\ 'District Gird' shall be substitutcrd:i -jiiiI

DF, 19.541 The Ancient and Historical Monuments and I 1Archaeological: Sites and Remains (Declaration ofNational Importance) Amejzdment .(iii) after entry 97, under the cub-heading 'District Gird'as so amended, the following entries shall be inserted, namely:-"97A. The followin ancient and historical monumentsin the Gwalior ort-(i) Badal Mahal or Hindola Gate '. rg . Gwalior.(ii) Chaturbhuj temple . . DO.(iii) Ganesh Gate . . Do.(iv) Gwalior or Alamgiri Gate. . . . Do.(v) Lakshman Gate . . Do.(vi) Mansingh's Palace . . Do. T(vii) Rock-cut Jain colossi . . Do.(viii) Sas Bahu temples . . ' Do.(ix) f eli ka Mandir . . Do.(x) Urwahi Gate . . Do.97B. Tomb of Abul Fazal ........................ Antri."(iv) the sub-heading 'District Gwalior' after entry 104and the entries under that sub-heading shall be omitted;(e) in the entries under the heading 'Mysore State' and afterthe entries under the sub-heading 'District Bangalore' and beforethe entries under 'District Chitaldrug" the following sub-headingand entry shall be inseretd, namely:-4'District Bellary8A. Parvati and Icartikeya remples . . Kumaraswami betta,Sandur.'(f) in the entries under the heading 'Rajasthan State1,-(i) for entry 36, the following entry shall be substituted,namely:-"36. Baoris old locally known as Wadi Rani KaKundTodaraisingh";..............................(ii) for e.ntry 39, the following entry shall be substituted,namely:-"39. Laxmi Narainji's temple locally known as,Gopinathji's te~ple ............................... Todaraisingh";(g) in the entries under the heading 'Saurashtra State1,-(i) after entry 4, the following entry shall be inserted,namely:-"4A. Darbargadh ... :. .................. Sihor.";(ii) entries 8, 10, 12, 14, 17, 20, 22, 23 and 24 shall beomitted;(iii) after existing entry 15, the following entry shall beinserted, namely :-

12 Th.q.&62:ent- and Hi~torical M?numenrs qnd .[A? 3A~chaeojogic.ql Sites and R~amfis. (Declaration of' ' Nati.~nal Ippoxtance)! Amqridmi$s . .. .. . . . . .No. Name . Locality. . .. . . Se~iali-.-*,. .,.. (3) in. part 11,-'(a) in item I1 for the words and letter 'Part B States',the words and lettms 'Part.A;St,ates.and Part B States' shallbe substituted; . .(b) in the Table appended to the aforesaid item' beforethe heading 'Hyderabad State', the following shall be in-serted, namely:-"PART A STATESBIHAR STATE. ~. . District BhagalpurI. Ancient site of Vikramasila Monastery . . . Antichak, Madhoram--pur, Oriup.. . BOMBAY STATEC,81 .,. .Distrkt .Ah.mednagar , .I.. Jarasangh Nagari . . . . . . . Jor;ve.. .District Amreli2. Ancient site known as Gohilwad Timbo. . . . ~mreli.. 3. Ancient site . . .. Venivadar.District Baroda4. Ancient site . . . . . Karvan.District Kolh~pur. ., . 5. ~ncient site at Brahrnapuri . . ,. . Kolhapur.. MADHYA PRADE~H STATE. .Dlistrict B9ar. .I. Brick,yGnd. . ' . . Gas, Dhanora.2. Megalithic site Containing Uraskals . . ' . ' . Gamev:a,dq.District . ~abaji~c.,-Ancient site known as Karnabel .Uistric't Sagar. . . . Tewaa.4. Ancient site . . . . Exaq and~ahlejpur, %ORISSA STATEDist.rict MayyybhanjI. Prehistoricsites. . . . . . . . BaiaJrapur.2. , Do. . e . . . Kuchai.,3. .Do; . . . . - . ~uliana..., ' -' . '4. Ruins of ancient fort . . .. .. . Harlpui.. 'b. .',. ~.

OF 195 41 The Ancient and Historzcal Monuments and I3Archaeological Sites and Remains (Declaratzon ofNational Importaace) AmendmentThe Abducted pkrsons (Recovery and Restoration)Amendme fitSerial Name of Monument LocalityNoPUNJAB STATEDistlict AmbaladI. Mound near College compound . Rupar.District jhllundur2. Theh Gatti (Mound) . . Nagar.District Cooch-Bihar .I. Rajpat site . . Khal isa Gosanimari.2. Taksal site . DO. "-(c) after the entries as aforesaid and before the heading'~~derabad State' the heading 'PART B STATES' shall beinserted;(d) in the entries under the heading' 'Saurashtra State'for entry 1, the following entry shall be substituted,namely:-"I Ancient mound. . . I+ miles fro-m the Brahma ICund at ~ihor."ITHE ABDUC~ED PERSONS (RECOVERY ANDRESTORATION) AMENDMENT ACT, 1954b'An Act further to amend the Abducted PersonsRestoration) Act, I 949.B$ it enacted by Parliament as follows:-(Recovery and[27th February, 195411. Short title.-This Act may be called the Abducted Persons(Recovery and Restoration) Amendment Act, 1954.2. Amendment of section 4, Act LXV of 1949.-In sub-section (3)of section 1 of the Abducted Persons (Recovery and Restoration) Act,1949 (LXV of 1949), for the words and figures "28th day of February,1954", the words and figures "31st day of May, 1955" shall be substit~ited.-

.TH E APPROPRIATION ACT, 1954No. 5 OF 1954An Act to authotise payment and appropriarion of certainfurther sums from and out of the .Consolidated Fundof India for the service of the financial year 1953-54., _ [ 18th March, 1954 1*BE it enacted by Parliament as follows:-1. Short title.-This Act may be called the Appropriation Act, !1954. I2. Issue of Pes. 83,89,12,000 out of ~onsolidated Fund of India forthe year 1953-54.-From and out of the Consolidated Fund o&Indiathere may be paid and applied sums not exceeding those specifiedin column 3 of the Schedule amounting in the aggregate to the sumof eighty-three crores, eighty-nine lakhs and twelve thousandrupees towards defraying the several charges which will come incourse of payment during the financial year 1953-54, in respect of thoservices specified in column 2 of the Schedule.3. Appropriation.-The sums authorised to be paid and appliedfrom and out of, the Consolidated Fund of India by this ect shall beappr.opriated for the services and purposes expressed in the Schedulein relation to the said year.I 2 I'THE SCHEDULE(See sections 2 and 3)------- A_-______- ----- ---~Sums not exceedingNo.-- ---of Services and purposes Voted by Charged onVote Parliament the Consoli- Totaldated Fund .--- ----- -_-____Rs .6 Indian Posts and TelegraphsDepartment . ...8,87,000 8,87,000Aviation . . .' Miscellaneous Expenditureunder the Ministry of Communications.Defence Services-Effective-Air Force ,I31 ( stamps . . . . 1 5,3o,ooo 1 ... 5,30,00034 Currency . . 12,06,ooo 1,04,000 13,1o,ooo38 Miscellaneous Departmentsand Expenditure under theI Ministry of Finance . 9,80,00o 7,000 9,87,0003,

"IOF 19541 Appropriation 1.5I2------_ ------3~UWSNo.--I--__--_of Services and purposes Voted byVoteParliament3940454748556171,8996105I13122125127128129I32---Grants-in-aid to States . .Miscellaneous Adjustmentsbetween the Union and StatesGovernments .Charged-Inzerest oh Debt andorher Obligations and reducfio~or avoidance of Debt . I .:.'Rs... .1,92,000Agriculture . 1,000Miscellaneous Departments and -Expenditure under the Ministryof Food and Agriculture 1,97,65,oooMinistry of Health 21,000Police . 22,50,000not exceeding' Charged onthe ConsolidatedFundRs.12,00,000...1,94,00,000. . ........ .; ...Ministry of Irrigation and Power 4,75,000iAdministration of Justice . . 11,000 I . .Privy purses and allowances ofIndian Rulers .Ministry of Transport . .Stationery and Printing .Other Capital Outlay of theMinistry of Communications .Loans and Advances by the CentralGovernment .Charged-Repayment of DebtOther Capjtal Outlay of theMinistry of Food and Agriculture. .Capital Outlay of the Ministryof Home Affairs .Capital Outlay on BroadcastingCapital Outlay on.MultipurposeRiver Schemes .Capital Outlay of the Ministryof Natural Resources andScientific Research ..TOTAL.1,0001,06,00065,57,0001,84,9o,ooo. .. .5,91,73,000. . .~,OO,OOO58,09,0001,00014,48,74,000< -I24. 04,oo 0...- ......29,00.00,00038,00,00,000...5.000.... . ....69,40,38,000j-- ,3- -:- 1.4To tat.1312,00,000----C:Rs.1,92,0001,94,oo,ooo1,0001,97.65,000121,00022,50,000 -4~75,00024I:1LI,OOO 1- >j24,05,0001,06,00065,57,0001,84,90,0002g,o0,00,000'~8,oo,oo,ooo5,91973,00043173I 5,"m I---___-5,001~0 *I358,09,~00 183,89,12,0001,000 --\- ->{1i,J-i

THE APPROPRIATION (RAILWAYS) ACT, 1954No. 6 OF 1954An Act to authorise payment and appropriation of certain furthersums' from and out of the Consolidated Fund, of India torthe service of the financial year 1953-54 for the purposes ofRailways.[18th March, 19541~BE it enacted by Parliament as follows:-1. Short title.-This Act may be called the Appropriation (Railways)Act, 1954.2. Issue of Rs. 33,17,68,000 out of the Consolidated Fund of Indiafor the financial year 1953-54.-From and out 05 the ConsolidatedFund of India there may be paid and applied sums not exceedingthose specified in column 3 of the Schedule amounting in the aggregateto the sum of thirty-three crores, seventeen lakhs and sixtyeightthousand rupees towards defraying the several charges whichwill come in course of payment during the financial year 1953-54,in respect of the services re1,ating to railways specified in column 2of the Schedule.3. Appropriation.-The sums authorised to be paid and appliedfrom and out of the Consolidated Fund of -India by this Act shall beappropriated for the services and purposes expressed in the Schedulein relation to the said year.THE SCHEDULE(See Sections 2 and 3)No.ofVoteServices ana purposesSurns nut exceeding-- -IChargedVoted by on theParliament ConsolidatedFundITotalRailway Roard .Working Expenses-AdministrationRs. 1 Rs.I,I4,000h8,54,000.. .. .Rs.I,I4,00068,54,000

6 OF 19541 Approfieation (Railways) 177 OF 19541 Government of Part C States (rlrnendnz,ent)-I2 3Sums not exceedingp1 1 datedNo. of Services and purposes Voted by Charged onParliament the' Consoli-PlndTotal5 Working Expenses-RcpairsMainte~ance . . and 2,31:30,00C! 2,31,30,Om6 I Werking Expenses--Operating Staff I jg,jz,om I . . 1 i9,32,0007 Working Expenses-Operation (Fuel) 41,2p,ooo 1 -11.29."8 Working Expenses-Operation otherthqn Staff and Fuel .I.. . 30,58,0001 .. 30,58,oOOg10Working Expenses-MiscellaneousExpenses . . /17,68,37,m I . 1 17,68,3hWOPaymqnts to Indian States and Com-16 I Open Line Works-Additions . 1 8,~7,03,00o 1 . . / 8,47,03,oooIpanles . ( 3,30,000 / . . 1 3,30,000r7 Open Liqe Works-Replacements . 1 2,66,81,mo , . . ) 2,66,81,000I-'1THE GOVERNMENT OF PART C STATES(AMENDMENT) ACT, I 954-9NO. 7 OF 1954An Act to amend the Governrnmt of Part C states Act, 1951.-1BE it enacted by Parliament as follows:--4[18th March, 1954111. Short title and commencement.-(1) This Act may be calledthe Government of Part C States (Amendment) Act, 1954.(2) Section 7 shall come into force on the 1st day of April, 1954,but the remaining provisions of this Act shall come into fclrce atonce. -2. Amendment of smtion 17, Act XLIX of 1951.-Section 17 ofthe Government of Part C States Act, 1951 (hereinafter referred toas the principal Act) shall be renumbered as sub-section (1) tkereofand-i

x8 Government of Part C States (Arnendme~zt) [ACT 7(a) to sub-section (1) as so renumbered, the words '"or ofany law made in pursuance of that article'' shall be added;(b) after sub-section (1) as so renumbered, the followingsub-sections shall be inserted, namely:-"(2) If any question arises as to whether a member ofthe Legislative Assembly of a State has become disqualifiedfor being such a membe~ under the provisions of sub-section(I), the question shall be referred for the decision of thePresident and his decision shall be finhl.(3) Before giving any decision on any such question, thePresident shall obtain the opinion of the Election Commissionand shall act. according to such opinion."3. Insertion of new section 21A in Act XLIX of 1951.-After section21 of the principal Act, the following section shall be inserted,namely :-"21A. Exemption of property bf the Union from State taxation.-Theproperty 0.f the Union shall, save in so far asParliament may by law otherwise provide, be exempted fromall taxes imposed by a State or by any authority within a State:Provided that nothing in this section shall, until Parliamentby law otherwise provides, prevent any authority within a Statefrom levying any tax on any property of the Union to whichsuch property was immediately before the commencement ofthe Constitution liable or treated as liable, so long as that taxcontinues to be levied in that State."4. Amendment of section 22, Alct XLHX of 1951.-To the Explanationto section 22 of the principal Act, the following shall be added,namely:-"or any -law made before the 1st day of April, 1952, in relationto any matter with respect to which the LegislativeAssembly of the State has power to make laws."5. Amendment of section 28, Act XLIX of 1951.--In section 28of-principal Act, after clause (b) of sub-section (3), the followingclause shall be inserted, namely:-"(bb)'the charges payable in respect of -loans advanced tothe State from the Consolidated Fund of India including interest,sinking fund charges and redemption charges, and other expenditureconnected therewith;".6, Pnsertion of new section 33A in Act XLIX ~f 31951.-Aftersection 33 of the principal Act, the following section shall be 'inserted, namely:-"33A. Language to be used for Acts, Bills, etc.-Notwithstandinganything contained in section 33, until Parliament bylaw otherwise provides, the authoritative texts-(a) of all Bills to be introduced or amendments theretoto be moved in the Legislative Assembly of a State,(b) of all Acts passed by the Legislative Assembly of aState, and

IOF 19541 Government of Part C States (Amendment) I9(c) of all orders, rules, regulations and bye-laws issuedunder any law made by the Legislative Assembly of# a State,shall be in the English language:Provided that where the Legislative Assembly of a Statehas prescribed any language other than the English language foruse in Bills introduced in, or Acts passed by, the LegislativeAssembly of the State or in any other rule, regulation or byelawissued under any law made by the Legislative Assembly ofthe State, a translation of the same in the English languagepublished under the authority of the Chief Commissioner in theOfficial Gazette shall be deemed to be the authoritative textthereof in the English language.':7. Amendment of section 39, Act XEIX of 1951.-In section 39 ofthe principal Act, for sub-section (I), the following sub-section shallbe substituted, namely:-'(1). As,from the 1st day of April, 1954, in the case of any ofthe States of Ajmer, Bhop:al, Coorg, Delhi, EIimachal Pradeshand Vindhya Pradesh, and as from such date as may be appointedin this behalf by the Central Government by notification in theOfficial Gazette in the case-of any other State, all revenues re'-ceived in that State by the Government of India or the ChfefCommissioner in relation to any matter with respect .to whichthe Legislative Assembly of that State has power to make laws,and all grants made and all loans advanced to that State fromthe Consolidated Fund of India and all moneys received by thatState in repayment of loans shall form one consolidated fund tobe entitled "the Consolidated Fund of the State".'8. Insertion of new secti~ns 39A and 39B in Act X1,I.X of 1951.-After section 39 of the principal Act, the following sections shall beinserted, namely :-"39A. Contingency Fund of the State.-(I) There shall beestablished a Contingency Fund in the nature of imprest to beentitled "the Contingency Fund of the State" into which shallbe paid from and out 05 the Consolidated Fund of the State suchsums as may, from time to time, be determined by law made bythe Legislative Assembly of the State: and the said Fund shallbe held by the Chief Commissioner to enable advances to bemade by him out of such Fund.(2) No advances shall be made out of. the Contingency Fund ,of the State except for the purposes of meeting unforeseen expenditurepending authorisation of such expenditure by theLegislative Assembly of the State under appropriations made bylaw.(3) The Chief Commissioner may make rules regulating allmatters connected with or ancillary to the custody of, the paymentof moneys into, and the withdraw21 of moneys from. theContingency Fund of the State.39B. Audit reports.-The reports of the Cbmptroller andAuditor-General of Indla relating to the accounts of a Statewhere a Legislative Assembly has been established under section3 shall be submitted to the Chief Commissioner, who shall causethem to be laid before the Legislative Assembly of the State." .

THE APPROPRIATION (VUTE ON ACCOUNT) ACT, 1954No. 8 OF 1954 ,. [lath March, 19541An Act to provide for the withdrawal of certain sums from randout of the Consolidated Fund of India for the service ofa part of the financial year 1954-55.B E it enacted by Parliament as follows: -1. Short title.-This Act may be called the Appropriation (V~teon Account) Act, 1954.2. Withdrawal of Rs. 262,80,85,000 from and out of the ConsolidatedFund of India for the financial year 19$4-55.-~rom and outof the Consolidated Fund of India there may be withdrawn sumspot ,exceeding those specified in column 3 of the Schedule amountingin the aggregate to the sum of two hundred and sixty-two crores,eighty lakhs and eighty-five thousand rupees towards defraying theseveral Charges which will come in course of payment during thefinancial year 1954-55.3. Appropriation.-The sums authorised to be withdrawn from andout of the Consolidated Fund by this Act shall be appropriated forthe services and purposes expressed in the Schedule in relation tothe aid year.THE SCHEDULE(See sections 2 and 3)2 3Vote1Sums not exceeding1--dVoted by Charged onServices and purposes Parliament the Consoli- TotalFundI 1 Ministry of Commercc and Iniustry I 6,oa,ooo I . . / 6,oz,mo2 [ Industries I 1,19,25,000 1 . ( 1,19,25,0003 1 ~orndercial Intelligence aqu Ctatis- 11tics . . . 1 4,26,000I .*-I4,26,wo4 Miscellaneous Departments and Expendikeunder the Ministry ofCommerce and Industry . 3,65,000

ciP 19541 Appropriation (Poti on Account) 2 I-.." - -I 2 3I * I- ----No.of- Vote----5678g101112131415Services and putposesMinistry of CommunjcationsIndian Posts and Telegraphs Department(including Working Expenses). . . .Meteorology . . .Overseas Commdcation Service .Aviation . . . ,Misc&llaneous Departments and Expenditureunder the Ministry ofCommunications .Ministry of befence . . .Defence Services-Effective-ArmyDefence Services-Effective-NavyDefence Services-Effective-Air,Force . . . .DefenceServices-Non-EffectiveCharges . . 1,30,98,000 . . ' 1,30,98,00o16 Miscellaneous Expenditure under theMinistry of Defence . 47,000 . . 47,00017 Ministry of Education . . 3,422000 . . 3,42,00018, Archaeology . . 4,07,000 .. 4,07,00019 Other Scientific Departments . 18,23,000 .. 18,2~,000'20 Education . . 1,01,21,cnn . . 1,01,21,00021 Miscella~ieous Departments a ~ Ex- dpenditure under the Ministry ofvoted byParliamentSums not exceeding----Charged on Ithe Conso- f TotalEducation . . . . 2,74,000 . . 2974,00022 Tribal Areas . . . . 36,41,ooo . . 36,41,~23 External Affairs . . . . q8,81,000 . . 48,81,~ .24 Chandernagore . . , . 1,83,mo .. 133,00025 Miscellaneous Expenditure under theMinistry of External Affair* . 23,000 .. 23,00026 Ministry of Finance . . . 13,~2,ooo . . I5,02,-Rs.95,0003,87,66,0009~55~0007,85,00021,10,0002,11,0002,28,00013,30,~y,ooo1,01,4g,OOO2,99,20,000lidated Fundl-- IRs .. .16,48,000. .36,000. .. .. .. .. .. .Rs.95,0004.04~14,OOO9,55,0008,21,ooo21,1o,ooo2,II,0002,28,000'-3,30,57.000X,OI,49,00@599,20,000

--A22 Appropriation (Vote on Account) [ACT 87No.ofVoteServices and purposesCustoms .Union Excise Duties .Taxes on Incom- including CorporationTax and Estate Duty .Opium .Stamps . . .Payments to other Governments, Departments,etc. . . .Audit .Currency . . .-------- - ---- -- -Sums not exceedingVoted by Charged onParliamentlidated Fund--------- --Rs.34,92,000Rs.. .57~I2~000 I,35,75,000----Rs.34~92,0001~92~87~000Tzrritorial and Political Pcnsions .Superannuation Allowances and Pznsions . .Miscellaneous Departments and Expenditureunder the Ministry oiFinance . . .Grants-in-aid to States .Mscellaneous adjustments betweerthe Union and State GovernmentsExtraordinary Payments .Pre-partition payments . , .Interest on Debt. etc.Ministry of Food and Agriculture .Forest . .' .Agriculture .Civil Veterinary services . ,Miscellaneous Departments and Ex.penditure under the Ministry oFood and Agriculture . , .Ministry of Health . .Medical Services .

' OF 19541 Appropriation (Vote on Account) ?3 ~I I2I 3No.ofVoteI 1 Sums not exceedingServices and purposes-I 1 Rs.50 ljublic Health . . o . 1 56~5~000Miscellaneous Expenditure under theMinistry of Health .Ministry a£ Home Affairs . ' .53 Cabinet .-r---1Charged onYoted by the Consoli- TotalParliament dated Fund1 Rs. RL-- ---1 . . 1 56J4~Jm~I. .I 2,16.000~ .. 1 2.16,oooDelhi . . . . . . .IPolice . . . ICensus . . . . . IMiscellaneous Departments and Expenditureunder the MinistryHome AKairs .. 6,45,00013,03,00058 1 Andaman and Nicobar Islands . I 16,41,00oI .. 1 ~6~41,mo59 /63Ministry of ~nfirmation and Broadcasting. . / I I 11,58,0oo . . 11,58,0c-oBroadcasting .Ministry of Irrigation and Power .Irrigation, etc. .Miscellaneous Departments and Expenditureunder the Ministry ofIrrigation and Power .•Ministry of Labour .19~35~cOO" 88;ooo3,0001 Multipurpose River Schemes . . 1 3,48,000 (. 2,89,000Chief Inspector of Mines . 79,000I 1Miscqllaneous Departments and Expenditureunder the Ministry67Labour . . 27,08.0~ ( 1 .. ~/,08~0ooResettle-( lO;I7,0f20. 1 10?77aOW69 / Civil Defence . . . 1 34,900 ( .. 1 ~qaco70 1 hainistry of Law . . . 1 II,~~,W.. .I3,48,0aoI . 1 ~r,z5,00o71 1 Administration of Justice . I16,ooo 1 /p.uoo ( ' r.oy,ooo

24 Appropriation (Vote on A~cdlmt) [ALT 8Sums not exceedingNo.ofVote--'273747j7677787980818283848586878889909192St?rt;lce's and purposes--------- ------Ministry of Natural Resources andScientific Research . . .Survey of India . . . .Botanical Survey . . . .Zoo!ogical Survey . . .Geological Survey . . -Mines . . . . .Scientific Research . . .Miscellaneous Departments and Expenditureunder the Ministry ofNatural Resourccs and ScientificResearch . ., .Department of Parliamentary AffairsMinistry of Production . . .Salt . . . . . .Other Organisations under theMinistry of Productipn . .Miscellaneous Departments and Expenditureunder the Ministry ofProduction . .Ministry of Rehabilitation .Expenditur t on Displaced Persons .Miscellaneous Expenditure under theMinistry of Rehabilitation .Ministry of States . . . .Privy Purses andIndian Rulers .Allowances ofKutch . . .Bilaspur . . .Manipur . . .d___i-----_-Voted byParliamentRs.67,60011,9R,ooo58,09037,0004,71,0002,17,?0026,83,0001,00011,boo70,000IO,~~,OOO10,83,00016,92,0001,6%,ooo85,29,0003,00098,00065,0009~75,0003,15,0006,89,-Charged onthe ConsolidatedFund----Rs.. .. .. .. .. .. .. .. .. .. .52,000, .. .. .. .. .. .r,35,I'9,000. .. .. .I--._Total- T---. Rs.* 67,000I 1,98,00058,00037,0004,7170002,17,00026,83,0001,00011,000'70,000-.11,51,mo10,83,000 - III,16,92,0001,68,00085,29,000 .3,000'98.m~i,35,8d,bO09,75,m3,15,0006,89,%0,II

No.ofvote, I93949596II1 1 datedsums not exceeding~Voted hy Charged onServices and purposes Parliament rhe Consoli- ' TotalFundTripura . . . . .Relation with States . . .Miscellaneous Expetlditute under the~Vinistry of States . .Ministry of Transport . . .97 1 Ports and Pilotage .98 . Lighthouses ahd Lightships . .Central Road Fund . .ggIOI102103104ICommunicauoas jkdading NationalHighways). .- . .h:iscellaneous Expenditme under theMinistry of Transport .Ministry of Works, Housfng& Suppl!Suppiies . . . .Other Civil Works. . .105 Stationery and Printing .106107Miscellaneous Departments and Expenditukeunder the hlinistry ofWorks, Housing and Supply .Parliament . . . .108 Miscellaneous Expenditure under rheParliament Secretariat. .Charged-Staff, Household a& 2411wuancesof the President .~pg Secretariat of' the Vice-Prbsisident .Charred-Uniorr Pcrblic SewLe CUM-1mission .IIO Capital Outlay of the Ministry ofeCommerce and Indu-srry . .Rs.1o,g6,ooo4,85,0008,62,0003~34,0005,20,0006,66,00038354,00040~;"4,00055,000I,45,00024,75,QOO1,27,33,00043~94,0004,63,00012>75,000. .. .3,0007,0001~79~75,000Rs.3,000. .. .. .. .. .. .. .. .. .. .1,75,000,. .. .18,oob. .1,35,000. .r,B5,Pob. .Rs.-

26 Appropriation (Vote on Account) [Act 8-- ---I I 2 I 31Sums not exceedingI2-IVoted byICharged onServices and purposes Parliament the Cousoli- TotalVotedated FuadCapital Outlay on Indian Posts andTelegaphs_(Not met from Revenue)Capital Outlay on Civil Aviation .Other Capital Outlay of the Ministryof Communications .Defence Capital Outlay .Capital Outlay on the Indian SecuritjPress .Capital Outlay on Currency . .Capital Outlay on Mints. . .Commuted Value of Pensions .Payments to Retrenched Personnel .Other Capital Outlay of the Ministryof Finance. . . .Loans and Advances by theCentralGovernment .Cha~ged-Repayment of' Debt . . .Capital Outlay on Forests .Purchases of Foodgrains. . .Other Capital Outlay of the Ministryof Food and Agriculture . .Capital Outlay of the Ministry '01Health . .Capital Outlay of the MinistryHome Affairs .Capital Outlay on Broadcasting . .Capital Outlay on ~ultipu&ose ~ivcSchemes .Other Capital Outlay of the Ministrqof Irrigation and Power . .Labour . . ..I Capital Outlay of the Ministry ojc

Appropriation (Vot2 on Account)OF 19541 Control of shipping (Amendment) 27--- --- ----- ---1Sums not exceedingNo.of 'Vote---I-131I32Services and purposesdated Fund1 Rs. ( Rs. I- Rs.-- ---------- ---Other Capital Outlay of the Ministryof Natural Resources and ScientificResearch . . .Capital Outlay of th- Ministry of Production.133 I Capital Outlay of the Ministry of Re-134habilitation . . . ( 33,96~000 (Capital Outlay of the Ministry ofStates .. .135 1 Capital Outlay on Ports .136 / ~a~ital'~ut1a~ on Roads137.' Other Capital Outlay of the Ministry138of Transport . -Nzw Delhi Capital Outlay . ,I39 ( Capital Outlay on Buildings . . I 97,89,000 I . . 1 97,89,000140Othtr Capital Outlay of the Ministryof Works, Housing and Supply.TOTAL .50,6~,000 ..SO,~S,OOO---------83,35,68,000 I79,4SJI7,0O0 262,80,95,000THE CONTROL OF SHIPPING (AMENDMENT)ACT, I954NO. 9 OF 1954[18th March, 19541An Act further to amend the Control of Shipping Act, 1947.BE it. enacted by Parliament as follows :-1. Short title.-This Act may be called the Control of Shipping(Amendment) Act, 1954.2. Amendment of section 1, Act XXVI of 1947.-In sub-section(3),of section 1 of the Control of Shipping Act, 1947 (XXVI of 1947),for the flgures "1954", the figures "1956" shall be substituted.II

. THE AIR CORPORATIONS (~~ENDMENT) ACT, 1954[18th March, 19543An Act to amend the Air Corporations Act, 1953. ,BE it enacted by Parliament as follows:-1. Short title and commencemenf.-(1) This Act may be calledthe Air Corporations (Amendment) Act, 1954.(2) It shall be deemed to have come intr! force on the 30th day ofJanuary, 1954.2. Amendment of section'22, Act 27 of 1953.-In &tion 22 of theAir Corporations Act, 1953 (hereinafter referred to as the principalAct), in sub-section (3), far the words "ninety days" the words "sixmonths" shall be substituted.3. Amendment of section 23, Act 27 of 1953.-In section 23 of theprincipal Act, in sub-section (I), for the words."six months" thewords "one year" shall be substituted.4. Amendment of section 24, Act 27 of 1953.-In sectibn 24 of theprincipal Act, in sub-section (2), for the words "six months" thewords "one year" shall be substituted.5. Repeal of Ordinance 5 of 1954.-The Air Corporations (Amendment.)Ordinance, 1954 (5 of 1954) is hereby repealed.THE A+~ROPRIATION (RAILWAYS) NO. 2 ACT, 1954NO. II40P 1954I [18th March, 19541An Act to authorise payment and appr0.priatio.n. sf .certain sumsfrom and out of the Consolidated Fund of India for the sefvicepQrpb$g's of Railwa;yi,of the fifiaC!&i year 1454-55 forBE if enacted by Parliament as follows: -1. Sho& title.--Thb Act ma* b- Called the Appropriation(Railways) No. 2 Act, 1954.2 8

OF 19541 Appropria;fion (Railways) NQ. 2 242. Issue of Rs. 606,73,59,000 out of the ~onsolidated' Fund of Indiafor the financial year 1954-55.-From and out of the ConsolidatedFund of India there may be paid and applied sums not exceedingthose specified in column 3 of the Schedule amounting in the aggregateto the sum of six hundred and six crores,,seventy-three lakhsand fifty-nine thousand rupees towards defraying the several charges.which will come in course of payment during the financial year1954-55 in respect of the services relating to railways specified incolumn 2 of the Schedule.3. Appropriation.-The sums authorised to be paid and appliedfrom and out of the Consolidated Fund of India by this Act shall beappropriated for the services and purposes expressed in the Schedulein relation to the said year.THE SCHEDULE(See sections 2 and 3)No.ofVoteServices and purposesSums not exceeding--Charged ondated FundTotalRailway Board .Miscellaneous Expenditure .Rs.38,8o,ooo1,3~,~6,o00Rs.38,80,~01,32,26,000Working Expens'es-Administration.28,21,34,000WorkingExpenses-Repairsand Maintenance . .68,0z,g8,000Working Expenses-OperatingStaff. .44,02,0 1,000Working Expenses-Operation(Fuel) . . .3~,3~,68~000Working Expenses---Operationother than Staff and Fuel .,15,54,98,000Working Expenses-MiscellaneoysExpenses .51,00,76,mWorkingExpenses-LabourWelfare . .~,~O,II,OOOPayments to Worked Lines andothers .32~49~00CWorking Expenses-Appro~riationto Depreciation Reserve.30,00,0OyO0CLabour Welfare .1,24,56,m

-30 Appropriation (Rail~uays) No. 2 [ ACT 11--No.ofVote--services and purposes--Voted byParliament "- dSums not exceeding-ICharged onthe' ConsolidatedfundTotal,12-B137 I4Open Line Works (Revenue;other than Labour WelfareAppropriation to DevelopmentFundAppropriation to RevenueReserve Fund .Withdrawal from Revenue Reserve FundRs. Rs. Rs.I Construction of New Lines . 1 2,44,60,000 ( . .I Open Line Works-AdditionsII. ( ~,~0,6~,6~,00o..Open Line works-~eplacements/ 46,30,25,oao I ..Open Line Works-DevelopmentFundI5,14104yOO0. .Io,59,37,000Capital Outlay on Vizagapata~Port . 77184,000Dividend Payable to GeneralRevenues . . .. .. .5~14,o4,ooo. .THE DISPLACED PERSONS (CLAIMS) SUPPLEMENTARYACT, 1944,- JL&~~ NO. I2 OF 1954I-- --- -- -.- --- -.L----7 [18th March, 19541/,Gl-t?--fi\--- -An Act to provide for the disposal of certain proceedings pendingunder the Displaced Persons (Claims) Act, 1950, and formatters connected therewith.BE it enacted by Parliament as follows:-1. Short title and extent.-(1) This Act may be called the DisplacedPersons (Claims) Supplementary Act, 1954. - I(2) It extends to the whole of India except the State of Jammuand Kashmir.i11i

OF 19541 Displaceds Persons (Claims) Supplementary 312. Definitionsb-In th.is Act, unless the conteit otherwise requires,-(a) "appointed day" means the 17th day of May, 1953;(b) "claim" means--, (i) any claim registered under the principal Act andpending on the appointed day; or(ii) any claim submitted to any authority under theprincipal Act by any person migrating to India from anytribal area and pending on the appointed day:and includes any application filed on or before the 12th December,1952 for setting aside an ex parte order of a Claims Officerpassed under the principal Act and pending on the appointedday, if the application was not, on the date on which it wasfiled, barred by limitation under the rules made under theprincipal Act; -(c) "piescribed" means prescribed by rules made under thisAct;(d) "principal Act" means the Displaced Persons (Claims)Act, 1950 (XLIV of 1950);(e) ''tribal areas" means the tribal areas of Tochi andKurram and includes such other tribal areas adjoining the North-West Frontier Province as may be specified in this behalf byan order of the Central Government;(f) "verified claim" means any claim registered under theprincipal Act in respect of which a final order has been passed- under that Act;(g) all words and expressions used but not defined in thisAct and defined in the principal Act shall have the meaningsassigned to them in that Act.3. ~ppoiitment of Chief Settlement Commissioner, eitc.-(I) TheCentral Government may, by notification. in the Official Gazette,appoint a Chief Settlement Commissioner, a Joint Chief SettlementCommissioner, a Deputy Chief Settlement Commissioner and as manySettlement Commissioners, Additional Settlement Commissioners andSettlement Oficers as may be necessary for the purpose of performingthe fu~~ctions assigned to them by or under this Act and may, bygeneral or special order, provide for the distribution or allocation ofwork to be performed by them under this Act.(2) Subject to the provisions of this Act, the Joint Chief SettlementCommissioner, the Deputy Chief Settlement Commissioner andall Settlement Commissioners, Additional Settlement Commissionersand Settlement Officers shall perform the functions assigned to themby or under this Act under the general superintendence and controlof the Chief Settlement Commissioner.4. Veri'fication of claims.-(1) Subject to any rules that may bemade under this Act, a Settlement Officer shall have jurisdiction todecide such cla.ims or such classes of claims as may, by general orspecial order, be transferred to him by the Chief Settlement Commissioner.

'I''I32 Displaced Persons (Claims) Supplenzentary [ACT 12(2) A Settlement 0ffic;r shall hold a summary inquiry into theclaims transferred to him and, after taking such evidence andexamining such documents, as he may consider necessary, pass suchorders as he thinks fit in relation to the verification of the claim, and. the valuation of such claim.I(3) The decision of the Settlement Officer shall be final:Provided that the Chief Settlement Commissioner may call 'forthe record of any case which has been decided by the SettlementOfficer and may make such order in the case as he thinks fit; but noorder varying the decision of the Settlement Officer which prejudiciallyaffects any person shall be made without giving him an opportunityof being heard.5, Special power of revision in respect of cases decided under ActXLIV of 1950.-(1) Notwithstanding anything contained in the principalAct, the Chief Settlement Commissioner-(a) may, on an application for revision made to him withintime by any person aggrieved by the decision of the Claims Officer,call for the record of the case and make such order in thecase as he thinks fit.Explanation.-For the purposes of this clause, an applicationfor revision shall be deemed to be or to have been made withintime, if-(i) such application was not barred by limitation on the- appointed day under the rules made under the principal Actand is filed within one month from the commencement ofth2s Act; or(ii) such application had been filed before the appointedday and was not, on the date on which it was filed, barredby limitation under the rules made under the principal Act;(b) may, on his own motion, but subject to any rules thatmay be made in this behalf, revise any verified claim and makesuch order in relation thereto as he thinks fit.(2) No order varying the decision of the Claims Officer or revisingany verified claim which prejudicially affects any person shall bemade pithout giving him an opportunity of being heard.6. Powers\ of Settlement Officers.-( 1) The Chief Settlement Commissioner,the Joint or Deputy Chief Settlement Commissioner or aSettlement Commissioner, an Additional Settlement Commissioner ora Settlement Officer shall have the same powers as are vested in acivil court under the Code of Civil Procedure, 1908 (Act V of 1908),when trying a suit, in respect of the following matters, namely:-(a) summoning and enforcing the attendance of any personand examining him on oath;(b) requiring the discovery and production of any document;(c) requisitioning any public record from any court or office;(d) issuing commissions for the examination of witnesses;(e) appointing guardians or next friends of persons who areminors or of unsound mind;

- -? n2WP 19543 Displaced Persons (Claims) Supplementajy 33(f) any other matter which may be prescribed.(2) A Settlement Officer may, if he so thinks fit, and shall, if sorequired by the Chief Settlement Commissioner, appoint one or morepersons as assessors'to advise him in any proceeding before him:7. Power to transfer cases.-The Central Government or the ChiefSettlement Commissioner may, by order in writing, at any stage' transfer any case pending before a Settlement Officer to anotherSettlement Officer and the Settlement Officer to whom the case is sotransferred, may, subject to any special directions in the order of "trcnsfer, proceed from the stage at which it was transferred.8. Certain officers to be public servanta-Th,e Chief Settlement'Commissioner, the Joint or Deputy Chief Settlement Commissioner:and all Settlement Commissioners, Additional Settlement Commis--sioners and Settlement Officers appointed under this Act shall bedeemed to be public servants within the meaning of section 21 of theIndian Penal Code (Act XLV of 1860).9. Bar of jurisdiction of civil court.-No civil court shall have.jurisdiction in respect of any matter which the Chief Settlement-Commissioner or the Settlement Officer is empowered by or underthis Act to determine, and no injunction shall be granted by any'Court or other authority in respect of any action taken or to be taken,-in pursuance of any power conferred by or under this Act.10. Delegation ~f powers.-(I) The Central Government may, by'general or special order, direct that any power exerciseable by itunder this Act shall, subject to such conditions, if any, as may bespecified in the order, be exerciseable also by the Chief Settlement'Commissioner.(2) Subject to the provisions of this Act and the rules made there-.under, the Chief Settlement Commissioner may delegate all or any+of his powers under this Act to the Joint or Deputy Chief Settlement'Commissioner or any Settlement Commissioner or Additional Settle-.merit Commissioner as may be specified by the Chief SettlementCommissioner.11. Validatilon of certain proceedings.-All proceedings held ordecisions made in relation to the verification of any claim or the-valuation of such claim of any person who has migrated to India fromany tribal area purporting to have been held or made under the-principal Act shall, notwithstanding anything therein contained, ,bedeemed for all purposes to have been validly made under the princi--pal Act as if that Act were applicable to such persons as it applied'to displaced persons from West Pakistan.12. Power to make rules.-The Central Government may, by noti-'Rcation in the Official Gazette, make rules to carry nut the purposes.of this Act.13. Repeal of Ordinance 3 of 1954.-(1) The Displaced Persons'(.Claims) Suppler.entary Ordinance, 1954 (3 of 1954) is herebyrrepealed.rt J(2) Notwithstanding such repeal, anything done or any actiontaken in the exercise of any power conferred by or under the said*Ordinance shall be deemed to have been done or taken in the exereiseof the powers conferred by or under this Act, as if this Act werein force on the day on which such thing was done or action was&aken.' roZg M GE Law

"THE PRESS (OBJECTIONABLE MATTER) AMENDMENTACT, 1954 4[25th March, 19543An Act to amend the Press (Objectionable Matter) Act, 1951,' B E it enacted by Parliament as follows:-1. Short title and commencement.-(I) This Act may be called'the Press (Objectionable Matter) Amendment Act, 1954.(2) It shall be deemed to have come into force on the 29th day ofJanuary, 1954.2. Amendment of section 1, Act LVI of 1951.-In section 1 of the*Press (Objectionable Matter) Act, 1951 (hereinafter referred to asthe principal Act), in sub-section (3), for the words "two, years" the=words "four years" shall be substituted.3. ~meidment of section 2, Act LVI of 1951.-In section 2 of theprincipal Act, in clause (k), the following words shall be insertedat the end, namely:-"or any news-sheet which does not contain the name of the *printer and the publisher."4. Amendment of section 20, Act LVIA~ 1951.-In section 20 ofthe principal Act,-.(a) for sub-sections (3) and (4), the following sab-sectionsshall be substituted, namely:-"(3) Such officer as may be appointed by the State..Gover,nment in this behalf shall, consistentIy with the provisionscontained in sections 319 ,and 32.0 of the Code inso farasthey may be applicable thereto, prepare and make out i ~.alphabetical order a list for the entire State of persons resid--ing within the State, who by reason' of their journalistic experienceor ofxtheir connection with printing presses or new&p-apers or of t%ir experience in public affafrs ?re qua1ifie.d f~serve as jurors, and the list shall co,ntain th.e name, th~place ol: kesidence and occupation of every such p:e?son,, . .(4) The list so p,r.epa,red shall .b5e.publ

[ACT If, OF a9541 Press (Objectionable Matter) Amendment 35(b) after sub-section (4), the following sub-section shall beinserted, namely:-"(4A) In any inquiry under this seition, it is the dutyof the jury to decide whether any newspaper, news-sheet,book or other document placed before it contains anyobjectionable matter and it is the duty of the Sessions Judgeto decide whether there are sufficient grounds for making anorder for the demanding of secvrity or for .directing anysecurity which has been deposited or any part thereof to beforfeited to the Government or for directing further securityto be deposited.";(c) In sub-section (5), for the words and letters "the provisionsof the said parts C, E and F shall apply to all inquiriesunder this section, and the provisions of the said part K shallapply to the preparation ,and revSsion of lists of jurors underthis section", the words "the provisions of the said parts shallapply to inquiries under this section" shall be substituted.5. Amendment of section 23, Act LVI of 1951.-In section 23 ofthe principal Act, for the words and figures "Any person againstwhom an order is passed by a Sessions Judge under section 4, section5, section 7 or section 8 may, within sixty days of the date of suchorder, prefer an appeal to the High Court," the following shall besubstituted, namely:-"The competent authority or any other person aggrieved byan order passed by a Sessions Judge under section 4, section 5,section 7 .or section 8 may, within sixty days of the date of suchorder, prefer an appeal to the High Court,".6. Amendment of section 29, Act LVI of 1951.-In section 29 of.the principal Act, in sub-section (2), the words "in the territories towhich this Act extends" shall be inserted at the end.7, Repeal of Ordinance 4 of 1954.-The Press (ObjectionableMatter) Amendment Ordinance, 1954 (4 of 1954) is hereby repealed.IJI[26th March, 19541An Act to impose upon the Barsi Light Railway Company,Limited, an obligation to make certain p 2ments to theCentral Government.4WHEREAS upon the determination on the 31st day of December,1953, of the contract made on the 1st ,day of August, 1895, and all3Ii:9th r contracts supplemental thereto betwe,en the Secretary of Stateih gouncil of India and the Barsi. Light Railwe Cbnipany, Limit&

36 Barsi iighr Railway Company (Transferred ~iabigties) [Acr 14 or 19541the Central Government will assume liability for all gratuities, orspecial contributions to the provident funds, and leave salaries of theemployees of the said Company taken into employment by the 'Central Government in respect of the period of their service underthe said Company;AND WHEREAS it #is necessary to impose upon the Barsi LightRailway Company, Limited; an obligation to make certain payments ,to the Central Government in requital for the assumption of thisliability; . 1IBE it enacted by Parliament as follows:-1. Short title and commencement.-(1) This Act may be called theBarsi Light Railway Company (.Transferred Liabilities) Act, 1954.(2) It shall be deemed to have come into force on the 31st day of'December, 19'53.2. Dehition.-In this Act "the Company" means the Barsi LightRailway Company, Limited. 13. Payment by Company to the Central Government.-The Companyshall pay to the Central Government out of its assets such sumas on the 31st day of December, 1953, is sufficient to meet the paymentof--(a) all amounts payable as gratuities or as special contributionsto provident funas, as the case may be, which, if theCompany had continued to exist after the 31st day of December,1953, it would have paid on or after that day under the normaloperation of its rules to its employees then in service if theirservices had been terminated on that day by the abolition of theirappointments; and(b) all amounts payable by way of leave salary for suchpe6ods of leave as, if the Company had continued to exist afterthe 31st day of December, 1953, it would have sanctioned underthe normal operation of its rules to its employees then in serviceif they had been permitted to proceed on leave on the 1st dayof .January, 1954, with permission to retire on the expiry of thatleave.i4. Payments to employees out of money paid to Central Government-The moneys paid to the Central Government under section 3ishall be utilised by the Central Government to effect payment toemployees of the Company re-employed by the Central Governmentof the amounts referred to in clause's (a) and (b) of section 3 inaccordance with the principles prescribed in the rules of the Company,or in the rules of the Central Government by which thoserules may be replaced.5. Repeal of Ordinance 7 of 1953.-The Barsi Li,ght RailwayCompany (Transferred Liabilities) Ordinance, 1953 (7 of 1953) ishereby repealed.' 1I I!!IIiI1

s, - .gr&b GL t--@--L!-----A__12/rTHE TRANSFER OF EVACVJX DEPOSITS ACT, 1954NO. 15 OF 1954126th Miarch, 19541An Act to provide, in pursuance of an agreement with Pakistan,for the t,an>fer to that country of certain depositsbelonging to evacuees, the reception in India of similardeposits belonging to ' displaced persons, and mattersconnected erew with.WHEREAS an agreement has been arrived at with Pakistan forthe transfer to that country of certain deposlts belonging to evacuees,the reception in India of similar dkposits belonging to displacedpersons, and mattnrs connected therewith:BE it enactod by Parliament as follows : -1. Short title, extent and commencemeht.-(1) This Act may becalled the Transfer of Evacuee Deposits Act, 1954.(2) It extends to the whole of India, except the States of Assam,West Bengal, Tripura, Manipur and Jammu and Kashmir.(3) It shall be deemed to have come into force on the 1st day ofFebruary, 1954.2. Definitions.-In this Act, unless the context otherwiserequires,-(a) "Custodian" means a Custodian of Deposits appointedunder section 3, and includes an Assistant Custodian of Deposits;(b), "deposit" means-(i) any movable property in the custody or under thecontrol of any civil or revenue court in respect of any proceedingsbefore it; or(ii) any movable property under the superintendence orin the custody of a court of wards under any law for thetime being in force. wlletl~er such movable property is inthe actual custody of the court of wards, or in that of someother authority on,its behalf: or(iii) any movable property in the custody or under thecontrol of a manager:rand includes any securities, insurance policies and fiegotiableinstruments in the custo'dy or under the control of any such civilOE revenue court or under the superintendence or in the custodyof such court of wards or in the custody or under the control ofsuch manager.3!7I

38 Transfer of Evacuee Deposits [ACT 15E:xplamztion 1.-'Securities' include shares, scrips, stocks,bonds, debentures, debenture stocks or other marketable securitiesof a like nature in or of any body corporate and also Governmentsecurities.Explanation 11.-Where any deposit in .the custody or underthe control of any civil or revenue court or under the superintendenceor in the custody of a court of wards or In the custody orunder the control of the manager has vested in the Custodian ofEvacuee Property as evacuee property, such deposit shall, for thepurposes of this Act, be deemed to be in the custody or underthe control of such civi1 or revenue court or under the superintendenceor in the custody of the court of wards or in thecustody or unden the control of the manager, as the case maybe;(c) "displaced person" means any person who, on account ofthe setting up of the Dominions of India and Pakistan or onaccount of civil disturbances or the fear of such disturbances inany area now forming part of Pakistan, has, on or after the 1stday of March, 1947, left, or been displaced from, his place ofresidence in such area and who has been subsequently residingin India;(d) LLe~ac~ee" means any person who, on account of thesetting up of the Dominions of India and Pakistan or, on account- of civil disturbances or the fear of such disturbances, has, on orafter the 1st day of March, 1947, left any place in the territoriesto which this Act extends and who is now residing in any placeforming part of Pakistan;(e)>"managerv means the manager of an encumbered estateappointed under any law for the time being in force relating toencumbered estates;(f) "transferable deposit" means a deposit in which anevacuee has any right or interest, to the extent of that right orinterest;(9) "prescribed" means prescribed by rules made under this IAct.3. Appointinent of Custodian and Assistant Custodians ofDeposits.-(1) The Central Gov~ernmept may, by notification in theOfficial Gazette, appoint a Custodian of Deposits and as many AssistantCustodians of Deposits as may be necessary for the purposeof discharging the duties imposed upon the Custodian and AssistantCustodians by or under this Act.(2) Subject to the provisions of this Act, the Custodian and AssistantCustodians of Deposits shall discharge the duties imposed onthem by or under this Act under the general supkrintendence andmntrol of the Central Government, and the Central Govrcnmentmay, by general or special order, provide for the distribution ofwork among them.' !iiiII

Transfer of Evacuee L>eposi:s _ 39(3) Subject to the provisions of this ~ ct, the Assistant Custodiansaf Deposits shall discharge the duties imposed on them by ox ,under$his Act under the general superintendence and control of the-Custodian.4. Transfer of deposits in mass migration area.-(1) Where a civilor revenue court or a court of wards situated in a mass migration."area or the manager exercising jurisdiction in any such area is;.satisfied.--(a) in the case of a civil or revenue court other than a civilcourt exercising jurisdiction under the Guardians and Wardsect, 1890 (VIII of 1890) or the manager, that all the partiesinterested in a deposit are Muslims;(li) in the case of a civil court exercising jurisdiction underthe Guardians and Wards Act, 1890 (VIII of 1890), that both theguardian and the minor interested in a deposit are Muslims;(c) in the case of a court of 'wards having under its superintendenceor custody a deposit, that the ward is a Muslim;the civil or revenue court or the court of wards or the manager, as-%he case may be, shall, as soon as may be after the commencement.of this Act, transfer tNe deposit alcng with the records'relati~gthereto, to such authorised officer or authority in Pakistan as theCentral Government may, by general or special order, specify inthis behalf:Provided that where, in the opinion of any such civil or revenue.court or the court of wards or the manager, any of €he persons inter--ested in a deposit is not an evacuee, the deposit shall not be transferredto Pakistan under this section.(2) Every civil or revenue court and every court of wards andthe manager shall, as soon as may be, send to the Custodian in suchform as may be prescribed, particulars of all deposits transferred toPaliistan under: sub-section (I).Explanation.-In this section, the expression 'mass migrationarea' nieans the territories comprised in the following States or areas,mamely : - .(i) the State of Punjab;(ii) the State of Paliala and East Punjab States Union:(izi) the Stato of Ajmer;liv) the State of Delhi;(v) the State of Himachal Pradesh;(vi) the districts of Alwar, Bharatpur and Bikaner in theState of Rajasthan, and the districts of Saharanpur, Dehra Dun,Meerut and Muzaffarnagar in the State of Uttar Pradesh5. ,Procedure fol; traqsfer of certain other deposits to Pakistari.--13) Where eit;her on .a request receivedip thisbeha'lf from .any suchtifiCer authorXyLin Pakis'Lan as clay be specjfred in this behalf%y the Ce.ritra1 Governrhent by riotificstion In the. 0Eic.ial Gazette,.

40 Transfer of Evacuee Deposits [ ACT 15:opinior, that ther,e is a- transferable deposit to which the provisions;of section 4 do not apply, he may send for the record relating thereto.from any court or other authority and inspect the same.(2) If, after making any such inspection as is referred to in sub-.section (1) and after making such further inquiry into the matter asmay be prescribed, the Custodian is satisfied that the deposit is a.transferable deposit within the meaning of this Act, he may, byorder, .direct that the deposit shall be transferred to such authorjsed'officer or authority in Pakistan as the Central Government may, bygeneral or special order, specify in this behalf, and any court or otherauthorjtyholding in its custody or under its control any such deposit,shall comply with the direction.(3) ~otwithstahdin~ anything contained in this section, where in)respect of any deposit the extent of the right or interest of an evacueeinsuch deposit is not easily ascertainable or, having regard to thenature of the deposit, it is in the opinion of the Custodian not przcticahleto separate the right or interest of the evacuee from the rightor interest of other persons in such deposit, the Custodian shall nottransfer any part of the deposit to Pakistan.6. Transfer of records relating to transferable deposit.-(1) Wherea transferable deposit is directed to be transferred to Pakistan underthe provisions of section 5, the Custodian may send the recordrelating to the deposit, or, if it is expedieht so to do, only a certified'copy of such part of the record as, in the opinion of the Custodian,-is material to the case to the Government of Pakistan or to such.officer or authority to whom or to which the deposit has been directedto be transferred.(2) If a certified copy only is sent in pursuance of sub-section (1).the original record, together with a copy of the order of the Custodianunder section 5, shall be returned to the court or other authorityfrorn which it was obtained.7. Power of Court or Custodian to convert deposits into moneybefore transmission to Pakistan.-Where the transfer to Pakistan ofany article which is a transferable deposit is prohibited 'under anylaw for the time being in force, it shall be lawful for a civi'I or aTevenue court, or the court of t-~ards or,the manager or the Custodian,as the case may be, to convert such article into money in suchmanner as may be prescribed, and- upon such conversion the provisionsof this Act shall a.pply to the proeeeds thereof as they apply- to a transferable deposit.8. Cesser of jurisdiction in respect of depvsi'ts transferred.-Upon$he transfer of any transferable deposit under section 4 or in pursuanceor an order of the Custodian under section 5, all courts andauthorities in India shtall, save as otherwise provided in this Act,cease to have or exercise any jurisdiction in relation to the depositso transferred in so far as it relates to the right or interest of anyevacuee in the deposit.g. Eeeeption in India of deposits transferred from Pakistan.-'(I) It shall be lawful for the Custodian to receive and hold in his.custody any deposit transferred by any such officer or authority inPakistan as may be specified by the Central Government by general

OF 19541T~ansjer of Evacuee Deposits 4~or.specia1 order as being a deposit belonging to any displaced personin India.(2) On receipt ol any such deposit as is referred to in sub-section(I), the Custodian shall cause notice thereof to be given in suchImanner as may be prescribed to all persons who may, in his opinion,.be interested in the deposit, and after giving a reasonable opportunity .to such persons to be heard in the matter and after inspecting anysuc5 record relating to the deposit as may be transferred fromPakistan, dispose of the deposit in the manner following, that is toLsay- -(a) if there is only one claimant entitled to the deposit or ifall the claimants, wh~ere there are more than one, appear beforethe Custodian and there is no dispute as to the distribution ofthe deposit, pay the deposit to that claimant or, as the case may . Ibe, distribute the deposit among the claimants in the manneragreed to by them;(b) if all the claimants do not appear-before the Custodianorif all such claimants appear but do not agree as to the personor persons entitled to thle deposit or to the manner of its distributionamong them, the Custodian shall'forward the deposit andthe records relating thereto to the principal civil court of originaljurisdiction within whose jurisdiction all, or the largest numberof claimants, reside, or where the claimants residing within thejurisdiction of two or more courts are equal in num~ber, to thecourt which, in the opinion of the Custodian, would best servetheconvenience of the claimants.(3) The court to which a deposit and any record relating theretoare forwarded under sub-section (2) shall proceed to deal with thematter as if the deposit had been made in compliance with an ordermade by it in a proceeding before it and, after making such furtherinquiry into the matter as it thinks fit, award the deposit to or distributeit among the person or persons who in its opinion is or areentitled thereto.(4) An appeal shall lie from every -order passed by any courtunder sub-section (3) to the court authorised to hear appeals fromthe decisions of such court if the amount or value of the subjectmatter of the claim made in the appeal exceeds two thousand rupees.(5) he disposal of any deposit in accordance with the provisions .of this -section shall discharge the Custodian from any liability toany person in respect of the deposit.' PO. Powers sf Gustodian.-The Custodian shall have all thepowers vested in a civil court under the Code of Civil Procedure,I908 (Act V of 1908)) when trying a suit, in respect of the following,matters, namely:-. (a) discovery and inspection.;(b) enforcing the attendance of witnesses and requiring thedepositof their expenses;(c) compelling the production of documents;(6) examining witnesses on oath;1I1II1I

I -42Trctnsfer of Evacuee Deposits . ACT 15 ob 1954(e) reception of evidence on affidavits;(f) issuing commissions for the examination of witnesses;Iand may summon and examine suo motu any person whose evidence, -appears to him to be material; and shall be deemed to be a civil courtwithin the meaning of section 480 and section 482 of the Code ofCriminal Procedure, 1898 (Act V of 1898).Explanation.-For the purpose of enforcing the attendance of Iwitnesses, the local limits of the jurisdiction of the Custodian shallIbe the local limits for which, he is appointed.I11. Juris'd;'ction of civil courts barred.-No civil court shall havejurisdiction to question the legality of any action taken or of any 1decision given by the Custodian in connection with the transfer ofIany transferable deposit or with the disposal of any deposit receivedIfrom Pakistan as belonging to a displaced person.,-12. Protection of action taken in good faith.-No suit, prosecutionor other legal proceeding shall lie against the Central Government . ;or any Custodian or any other person in respect of'anything which isin good faith done or intended to be done in pursuance of this Act.or of any rule or order made thereunder. - :\13. Power ts make rules.-(I) The Central Government may, by inotification in the Official Gazette, make rules to carry out the purjposes of this Act.(2) In particular, and without prejudice to the generality of theforegoing power, such rules may-](a) define the terms Lnd conditions of service of the Cus- Itodian and Assistant Custodians and the local limits of thleir1respective jurisdictions and the distribution of work among themor the transfer of work from one to another of the Custodian andAssistant Custodians;(b) the manner in which deposits and records relatingthereto may be transferred to Pakistan;(c) prescribe the manner in which any inquiry under thisAct may bc held; ' I(2) the manner in which a transferable deposit may be convertedinto money under section 7;(e) specify the persons to whom and the manner in whichnotices of any proceedings under this Act shall be given;(f) prescribe the manner in which certified copies of anyrecbrd may be prepared under this Act and the fees, if any,which may be levied in respect of such certified copies;(g) prescribe the form in which any application may bemade to the Custodian under t.his Act.14. Repeal of ordinance .G. bf,.1954..-~h~ Trans@ E , of Evacuee."Deposits Ordinance, 1954 (6 df 1954) is hereby repegled.!- I!i,III. .: ? . ,

I'THE APPROPRIATION (No. 2) ACT, 1954NO. 16 OF 1954[27th April, 19541An Act to authorise payment and appropriation of certain sumsfrom and out of the Consolidated Fund of India for theservice of the financial year 1954-55.BE it enacted by Parliament as follows:-1. Short title.-This Act may be called the Appropriation (No. 2)Act, 1954.2. Issue of Rs. 29,40,06,74,000 out of the Consolidated Fund ofIndia for the year 1954-55.-From and out of the Consolidated Fundof India there may be paid and appliedLsums not exceeding thosespecified in column 3 of the Schedule amounting in the aggregate[inclusive of the sums specified in column 3 of the Schedule tothe Appropriation (Vote on Account) Act, 1954 (8 of 1954)] to thesums of two thousand nine hundred and forty crores, six lakhs andseventy-four thousand rupees towards defraying the several chargeswhich will come in course of payment during the financial year195455 in respect of the services specified in column 2 of theSchedule.3. Appropriatibn.-The sums authorised to be paid and appliedfrom and out of the Consolidated Fund of India by this Act shall beappropriated for the services. and purposes expressed in the Schedulein rglation to the said year.THE SCHEDULE(See Sections 2 and 3)- ---1 I2 3--- I ----- --Sums not exceeding ,No.iofServices and purposesVoteVoted by the Consoli- TotalParliament dated Fund- /I I chargedonMinistry of Conlnleicc and Industry 72,21,000: ,172,21,000Industries . . . . . I4,31,05,000 I4,31,05,0003 Con~nlercial Intelligence and Statistics 51,14,000 / .. 1 51,14,000Commerce and I e r y . . 1 ~3,80,000 .. 41,80,mb4 Miscellaneous Departments and Exqenditureundcr the .Ministry ofIII.II,

~..I. .44 Appropriution (N;. ,2) - ' 1 ~ 1 : 16. ~THE SCHEDULE---I--.No.ofvote----.567.89101112I3I4 '.. , ,. 15,-r6I718I9202 122- 23~24a 2526: 27-.-----.2(See Sections--i_l_-_____l__Service and purposes--\, .~inistr~ of Comui~ications . . .Indian Posts and Telegraphs Depart- .ment (including working expenses)Meteorology . . ..Overseas Conimunication Service .sAviation .MjscellaneAus Expenditure under theMinistry of Communications -;-.Mjnistry'of Defence . . ..'Defence ~i~vice~-~ff&ive-~rm~ r,gg,66,8g,oooDefence Services-Effective-Navy*Defence Services-Effective-Air'Force . . .. . '.Defence Services--Non-EffectiveCharges . .Miscellaneous ~x~endi&re under theMinistry of Defence . . .Ministry of Education . . .. .Archaeology . . . '. . .Other Scientific Departments . ..Education . . . .Mjscellaneous Departments and Ex-.penditure under the Ministry ofEducation . . aTxib8~&as . .External Affairs . . ..Chandernagore . ; . .Miscellaneous Expenditure under theMinistry of External Affairs. .Ministry of Fiiiancel i . .Custo~nS . . . . . .2 and 3) . ..-I-." -.-,.- '.--,".-.-.3. . :_- ----. ,Votcd byParliament' Rs.. 11,38,ooo,46j5~,9z,ooo1,14,56,OOO94j22,000z,53~14,00025,y4,000z7,3g,ooo12,1~,88,6oo.35~90,45,00015,71,81,oo05;64,00040,98,00o48,79,0002,18,76,oooI2,14,51,000Sums not exceeding -.chaTdOn 1 .the CollsolidatedFundTotal. .'------- \ ,-. . .! , .32,gI,OOORs. Rs. ,. .1,~7,7z,ooo. .1 .4,36y95,~~~. .5~85~75,000. 22,00,0002,74,0001,56,21,00o4~I9~03,000..'11,3?,000. 4,34,000 ., 98,56,000~.,i, i' . . ..I1 : "48,49,64,000.. . :I : ...1,1&56,oo0 1 ' . '. .- . . z7,39,~0.. .. .., .. . .6,000 15,71,87,00o. .. .. .. . 2,18,i6.,ooo. . . 12,14,51,000-.. ... .. . 22,00,000...... ' 4,19>03,000 ,i~. .. . .--.L.2 . . ~... - . . . ... .

~-. - -. . .. ~ . ...- .OF 19541---I. .NO.ofVote '282930.31:32 '.33,.34.35-36:37:38:39-40-41-42-43-44-4546-47.4849. .2Services and purposesAppropriation (No. 2) 45'.- . -- - -- -Union Excise Duties . . , ,Taxes on Income including CorporationTax and Estate Duty . ,Opium . . . . . .Stamps . ,Payments to other Governments, De-partmeilts, etc. . .Audit . . q .ICurrency . . . . .'Mint . . . .Territorial and Political Pensions .Superannuation Allowances and Pensions. . .Miscellaneous Departments and Expenditureunder the Ministry ofFinance . . .Grants-in-aid to States . .Miscellaneous Adjustments betweenthe Union and State GovernmentsExtraordinary Payments . .. .Pre-partition payments .Charged.-Intereston Debt and otherObligations and reduction or avoidanceofDebt. , ..Ministry of Food and ~~ricultureForest . . .Agriculture . . .Civil veterinary Services .. .Miscellaneous Departments and Expenditureunder the Ministry, ofFood and Agriculture . .ini is try of Health . .Medical Services . . . ..1-6,85,42,0003,72,83,000I,95,07,0001,28,11,000II,I~,OOO7,69,99,000. 1,72,79,00092~75,00021,16,ooo3,36:96,0003,49,79,00018,68,90,000- 2,76,00023,09,21,0001,35,731000. .48,23,00043,28,000I 8,96,94,000-.3 . .Sums not exceedingi--__.Charged onVoted byParliamentthe ConsolidatedFund---.TotalRs. Rs. Rs.39,03,00079,13,0066,96,0001,51,12,,00016,29,o3,000. ... .5~9,000 , 1,33,7o,ooo. .I5,75,000 ,4j25,OOO. .. .8,86,000. .I~,~~,OO,OOO. .. .27,00088,72,77,000. .. .. .. ... ,.. .. .I23,14,45,000337238330~o1,95,07,000III,I~,OOO7,85,74,0001,77,~4,00092,75,00021,16,ooo3,45,82,0003,49,79,00032,44,90,~002,76,00023,09,21,00o1,36,oo,oooI88;72,77,000 c.48~3,000 - . .43,28,000 "8,96,94,00039>03,00079,13,0006,96,000. . 1,51,12,ooo.. ~-.. .'.. .,. .. -, .

46 Appropriation (No. 2)' [ACT rI.6,No.ofVote50515253545556575859606162636455666768697071Services and purposesPublicHealth . . . .Miscellaneous ~x~enditureunder theMinistry of Health . . .Ministry of Home Affairs .Cabinet .Delhi . . .Police . .Census. . .Miscellaneous Departments and Expenditureunder the Ministry ofHome Affairs .Andaman and Nicobar Islands .Ministry of Information and Broadcasting. .Broadcasting . .Ministry of Irrigation and Power .Irrigation (including working expenses),Navigation, Embankment andDrainage Works met from RevenueMulti-purpose River Schemes .Miscellaneous Departments and Expenditureunder the Ministry ofIrrigation and Power . -Ministry of Labour . .Chief Inspector of Mines .Miscellaneous Departments and Expenditureunder the Ministry ofLabour .Employment Exchanges and Resettlement. .Civil Defence .Ministry of Law .Administration of Justice .1Voted byParliamentRs.6,34,01,00077~7,0001,56,39,00025,94,000I,57~75,0001,03,24,00o20,58?00o9150,0001,96,95,ooo1,38,92,0002,32,17,00010,58,ooo30,00041,71,ooo34564,00031,63,00o9,52,0003,24,95,0001,29,25,000Sums not exceeding1~20,000I,35,04,0001,89,000Charged onthe ConsolidatedFundRs ................ .. .. .. .. .. .. .. .. .. .. .. .. .. ., II,I~,OOOI-Total- -Rs.6,34,01,00077,37JOOO'1,56,39,00@25,94,00@I,57,75,000.1,03,24,000"20,58,0oo,9,50,000I ,96,95,000.1,38,92,000~2,32,17,000.10~~8,000~30,00041,7I,OoO34,641000.31563,OOO-'9,521000 '3,24,95~000'1,29,25,0001,20,000~I,35,04,000"I3,02,000

0~ 19341 Appropriation (No. 2) 47-1No.ofVote--7273747576777879808182838485868788899091929394- - -Services and purposes- --.-"--.Ministry of Natural Resources andScientific Research . . .Survey of India .Botanical Survey . . .Zoological Survey . . , .Geological SurveyMines . . . .Scientific Research .Miscellaneous Departments and Expenditureunder the Ministry ofNatural Resources and ScientificResearch .Department of Parliamentary Affairs. IMinistry of Production .Salt . .Other organisations under the Ministryof Production . .Miscellaneous Departments and Expenditureunder the Ministry ofProduction .Ministry of Rehabilitation . .Expenditure on Displaced persons .Miscellaneous Expenditure under theMinistry of Rehabilitation .Ministry of States .Privy Purses and Allowances of IndianRulers .Kutch . .Bilaspur . . .Manipur . . .Tripura .Relations with States . .1Sums not exceedingVoted byParliamentRs. I-7,98,0001~43~79,0006,9310004,49,00056,57,00026,01,0oo3,21,91,00015,0001,34,ooo8,41,000I,31,92,000I,29,90,0002,02,99,00020,10,0001o,z3,51,ooo30,000I 1,72,0002,6l,oooI,I6,97,00037,80,00082,71,ooo1~31,57,000, 58,zo,ooo4Charged onthe ConsolidatedFund--Rs.. .. .. .. .,.. .. .. .. .. .6,25,000. .. .. .. .. .. .5,40,77,000. .. .. .f0,OOO. .-- --.-- *,-..----.--TotalRs.7,98,0001~43~79,0006,93,0004>49P5056,571000 .26,01,0oo3,2I,gI,OOO15,000I,34,0008,41,0001,38,17,000 -1,29,90,000 -2,02,99,00@ZO,IO,OOO-IO,Z~,~I,OOO .30,000 iI 1,7z,ooo5,43,38,000 *1,16,97,00037,80,00082,71,00o1,31,97,0005 8,24000~ICLL. .A-LL? . I

Appropriation (No. 2)No.ofVoteServices and purposesI 1 ChargidSums not exceeding! onVoted byParliamentthe ConsolidatedFundTotalLI95969798ggIOOIOI102104-105106107108309IIO.IIII12I13. 114Miscellaneous Expenditure under theMinistry of States . .Ministry of Transport . .Ports and Pilotage . .Lighthouses and Lightships . .Central Road Fund . .Commi~nications (including NationalHighways). , .Miscellaneous expenditure under theMinistry of Transport. .Ministry of Works, Housing and Sup-P~Y . .Supplies .Other Civil Works .Stationery and Printing .Miscellaneous Departments and Expenditureunder the Ministfy ofWorks, Housing and Supply .Parliament . .Miscellaneous Expenditure under theParliament Secretariat. .Charged-Staff, Houshold andAllowances of the President :Secretariat of the Vice-president .Charge$.--[Jnion~ Z S S Z O ~.Public Service Com-Capital Outlay of the Ministry ofCommerce and Industry . .Capital Outlay on Indian Posts andTelegraphs (Not met from Revenue).Capital Outlay on Civil Aviation .Other Capital Outlay of the Ministryof Communicaticns . .Defence Capital Outlay . .Rs.1,03,48,00040,05,00062,39,00079,89,0004,62,52,0004,88,85,0006,57,00017,42,0002,97,03,00015,27,94,0005,27,27,00055,56,0001,02,02,000. .30,0008 3 .ooo. .21.57,03,00016,33,73,000~,~O.OO.OOO7739,6~,o~~20,05,00,000I1Rs.. .. .. .. .. .Rs.1,03,4&0094Oj05,OOO62,39,OO079,89,0004,62,52,000

Appropriation (No. 2) .I-1 ,-IINo. ,ofvote I1151161 I711811912072.1122123124125-126127728-129I30131I32133134-CCServices and purposesCapital Outlay on the India SecurityPress . . . .Capital Outlay on Currency . .Capital Outlay on Mints. . .Commuted Value of Pensions . .Payments to Retrenched PersonnelOther Capital Outlay of the Ministryof Finance. . . . .Loans and Advances by the CentralGovernment . . , .Charr:ed.--Repayment of Debt.Capital Outlay on Forest . .Purchases of foodgrains . . .Other Capital Outlay of the Ministryof Food and Agriculture . .Capital Outlay of the Ministry ofHealth . . . .Capital Outlay of the Ministry ofCapital Outlay on Broadcasting .Home Affairs . . . .Capital Outlay on Multipurpose RiverSchemes . . . . .Other Capital Outlay of the Ministrybf Irrigation and Power . .Capital Outlay of the Ministry ofLabour . , . .Capita! Outlay of the Ministry of NaturalResources and Scientific Resedrch. . . . . .Capital Outlay of the Ministry of Proauction. . .Capital Outlay of the Ministry of Rehabilitation. . . .Capital Outlay of the Ministry ofStates , .1089 M. of Lay. ' ,--- -1--1Sums not exceeding-Charqed onVoted by the Consoli- ToldParliamen t dated FundI Rs5,21 ,000Z,~I,OOO71,73,QOO94,05,0001,08,00022,20,23,b0034y58,92.~0~. .43,07y000I~~,I~,OO,OOO50,I4,64,ooo -.*6,37,73,00022~97,0002,00,00,0003,98~85,0005~05,~O2,00,0001,36,13,000T4~50,07,0004,07,50,0007,60,TSyW. .. .. .. .. .. .2,14,41,20,000-17,73,14,64,000..p,I#,OOO. .. .. .. .. .. ...... .. .Rs.5~21,0002,7I,OW71~73,00094~05,0001,08,oo022,20,23,0002,49,00,12y00017,73,14,64,00043~07,000~~,I~,OO,OOO50,23,78,0006,37,73,00022~97,000~,OO,OO,OW3,98,85,0epS,OS,mz,oo,ooo k L1,36,13+~014,50,07,0004~07~30~0007,60,18,000-I.C'.- * L

50 Apfiro,tri,l/ion (No. 2) [ACT 16 OP r954-----IISums n ~ exceedin tNo. jChargedon'of I ~AvicesI Parliament I dated Fund1I I2 3and purposes 1 Voted by 1 the Consoli- TotalI 1 Rs. Rs. 1 is.- 135 1 Capital Outlay on Ports . . . 1 4,8o,ot,ooo 1 , .. 4,80,02,00o..?136 1 Capital Outlay on Roads . . 1 1),7o,Xo,ooo . . 1 13,70780.GO@IOther Capital Outlay of rhe Ministry Iof Transport . .137I. . 92,5!3,000 1 .."' 138 ' New Delhi Capital Outlay . . 1 6,62,16.000 1 . . 6,62,16,000139 1 Capital Outlay on Buildings . . 1 11!74,64,00o 1 . . . 1 11,74,64,mo>I40Other Capital Outlayof Works, HousingGRAND TOTAL .192,50,000'6,07,S I;OOOTHE FINANCE AC'l', rc) 54/No.. 17 01; 1454An Act to give effect to the. financial proposals of-the centrapGovernment for the financial year 1954-55.B E it enacted ,by Parliament as follows:-1. Short title.-This Act may be called the kinance AEt, 1954.2. Income-tax and super-tax.-The provisions of seciion 2 of theFinance Act, 1951 (XXIII of 1951) as originally enacted, and the provisionsof the First Schedule thereof as amended by clause (b) of

[Acr 17 or; 19541 Finance 51(c) references in the said Act and the First Schedule thereofto the year ending on the 31st day of March, 1952, shall be construedas references to the year ending on the 31st day of March,1955.3. Amendment of Act XI of 1922.-With effect from the 1st day ofApril, 1954,.the following amendments shall be made in the IndianIncome-tax Act, 1922, namely : -(a) in section 4,-(i) in sub-section (I), in clause (i) of the fifth proviso,for the figures "1954", the figures "1956" shall be substituted;(ii) in sub-section (3),-(a) in clause (xi)), for the figures "1954", the figures"1956" shall be substituted;(b) after clause (xix), the following clause shall beinserted, namely: -"(xx) any income from interest payable withoutthe taxable territories on a loan issued for publicsubscription before the 1st day of April, 1938, wheresuch interest is payable to a person not resident in thetaxable territories, but such income shall not be exceptedfrom being included in his total world income.,notwithstanding anything in clause (15) of section 2;";(b) in section 10, in sub-section (Z), in sub-clause (a) ofclause (vi), for the figures "1954", the figures "1956" shtall besubstituted;(c) in section 15C, in clause (ii) of sub-section (2), for theword "six", the word "eight" shall be substituted. ,4. Amendment of Act 34 of 1953.-In the Estate Duty Act, 1953(34 of 1953), the following amendments shall be made, and shall bedeemed to have been made with effect from the 15th day of October,1!)53, namely : -(a) after sulb-section (2) of section 3, the gollowing subsectionshall be inserted, namely:-'(3) For the avoidance of doubt, it is hereby declarkdthat references in this Act to property passing on the death ,of a person shall .be construed as including references toproperty deemed to pass on the death of such person.';(b) in section 33, in sub-section (I),-*l.

52 Finance [ACT 17i 6 endment of Act XXXII of 1934.-(1) The Indian Tariff Act,1934 ,( of 1934), shall be amended in the manner specified inthe First Schedule.I! (2) For the removal of doubt, it is hereby declared that nothingcox~tained in the proviso to section 4 of the Indian Tariff (Amendment)Act, 1949 (I of 1949), shall affect the operation of clause (c) of Part Iof the First Schedule.6. Additional duties of Customs.-When any goods chargeable witha duty of customs under the First Schedule to the Indian Tariff 4ct,1934 (XXXII of 1934), or under that Schedule read with. any notificationof the Central Government for the -time being in force, -areassessed to duty, there shall, up to the 31st day of March, 1955, belevied and collected as an addition to, and in the *same manner as,the total amount so chargeable-(a) a sumequal to 155 per cent. of 'such amount, in the case ofgoods comprised in Items Nos. 22(2) and 22(4);(b) a sum equal to 55 per cent. of such amount, in the caseof goods comprised in Items Nos. 48, 48(2), 48(6) and 51(2), andin the case of textile manufactures specified in Item No. 49 whenmade wholly or mainly of any of the fabrics specified in ItemsNos. 48, 48(1), 48(4), 48(5), 48(7) or 48(10);(c) a sum equal to 45 per cent. of such amount, ,in the caseof goods comprised in Item No. 47(2);,(d) a sum equal to 25 per cent. of such, amount, in the case ofgoods comprised in any of the Items of the said Schedule other 'than those specified in clauses (a), (b) and (c) of this section orin the Second or the Third Schedule to this Act; and(e) a sum equal to 5 per cent. of such amount, in the case ofgoods comprised in any of the Items of the said Schedule specifiedin the Third Schedule to this Act,7. Amendment of Act I of 1949.-In the Indian Tariff (Amendm,ent)Act, 1949 (I of 1949), in sections 4 and 5, for the figures "1954",the figures "1955" shall be substituted.8. Amendment of Act I of 1944.-With effect from the 28th day ofFebruary, 1954, the following amendments shall be made in the FirstSchedule to the Central Excises and Salt Act, 1944 (I of 1944):-'II(a) for Item No. 12, the following Items shall be substituted,namely :-I"12. COTTON CLOTH-"Cotton cloth" means any type of cloth manufacturedeither wholly from cotton or partly from cottonand partly from any other material, hut does notinclude-I.(i) ready made clothing other than dhoties and sarees;1.(ii) hosiery ;IL

( I 19541 Finance(Ci) leather cloth and Wexior or imitqtion leathercloth ordinarily used in book-binding ;(iv) tracing paper ;(v) cloth manufactured partly from cotton andpartly from wool and containing 40 per cent. ormore of wool by weight ;(vi) cloth manufactured partly from cotton andpartly from raydn or artificial silk and containing60 per cent. or more of rayon or artificial silkby weight ;(vii) rubberised or synthetic waterproof fabricswhether single-textured or double-textured ; and(viii) handloom cloth.I(I) Superfine cloththatis to say, cloth in which the count of wrap Two ann a~yarn (whether single or folded) is 48s or finer. and six piesper yard.(2) Fine cloth-that is to sgy, cloth in which the count of wrap yarn One anna and(whether single-or folded) is'35s or fihei. but does six pies pernot exceed 47s.yard.(33 Medium cloth-that is to say, cloth in which the count of wrap yarn Six pies per(whether single or folded) is 17s orfiner but does yard.not exceed 34s.(4) Coarse clotn-that is to say, all other cloth in which the count of Six pies pcrwkitptp' yarn (whether single or folded) does not yard.excged 16s.IYA. RAYON OR ARTIFICIAL SILK FABRICS- .,"Ra on or Artificial Silk Fabrics" include all varieties Six pies pero 2' fabrics manufactured either wholly or partly square yard.from the product comfnercially known as rayon orartificial si&, but do nor include any fabric-1< 5(i) containing wholly staple fibre ; 81(ii) containing less that% 60 per cent. of rayon orartificial silk by weight, if mixed with cotton ;

(iv) produced or manufactured on a handloonl ;(v) produced or manufactured in one or more factoriesby or on behalf of the same person inwhich less than twenty-five power looms in all.are installed." ;(b) after Item No. 14,the following Itemsshall be inserted namely :-" 15. CEMENT, all varieties- Rupees five pcrton.16. SOAP, manufactured with the aid of power in any formincluding steam, yhether in a factory ordinarily usingpower or in any other factory where any processincidental or ancillary to the manufacture of soap inthat factory is being carried on elsewhere with the aidof such power, when the soap so manufactured in anyfinancial year, ,in the case of household and laundrysoap, is in excess of one hundred tons, and in thecase of soap of any other kind, is in excess of fiftytons in the aggregate. -"Soap" includes all varieties of the product known commerciallyas soap,-- (I) Soap, household and laundry, in excess of thefirst one hundred and twenty five tons removedfor home consumption on or aftcr the firstday of April in each financial year-(u) in plain bars of not less than one poundin weightRupecs five andannm four perCWt./(6) other sorts . . Rupees six andannas two perCWt.(2) Soap, toilet, in cxcscss of the first twcnty-five Rupees fourteentons removed for home consumption on or per cwt.aftcr the first day of April in each financial year.k c(3) Soap not otherwise specified. Rupeesper cwt.fourteenq. FOOTWEAR, produced in any factory, includingthe precincts thereof whereon fifty or more workersare working, or were working on any day of thepreceding twelve months, and in any part of whicfia mancfacturing process is being carried on withthe aid of power or is ordinarily so carried on. thetotal equivalent of such power cxcecding two. horsepower. ."FootwearD includes all varieties of footwear, whcther Ten per cptknown as boots, shoes, sandals, chsppals, or by "ad vcalorena''any other naml:.I

-Finance9. Amendment of Act 12 of 1953.-In section 2 of the Khadi and,Other Handloom Industries Development (Additional Excise Duty on'Cloth) Act, 1953, for clause (b), the following clause shall be substituted,namely: -"(b) 'cloth' means cotton cloth and rayon or artificial silkfabrics as defined in the First Schedule to tbe Central Excisesand Salt Act, 1944 I of 1944)."10. Additional duties of excise.-The provisions'of section b of theFirlance Act, 1951 (XXIII of 1951), shall continue in force up to the31st day of March, 1955, and accordingly in that section for thefigures "1954" as substituted therein by section 7 of the Finance Act,1953 (14 of 1953), the figures "1955" shall be substituted.11. Certain duties of excise to apply to existing stocks 'also.- heamendments made by sections 8 and 9 shall apply to rayon or artificialsilk fabrics, cement, soap and footwear lying in stock on the 28thday of February, 1954, in any factory or other premises where thesaid articles are manufactured or produced, or in any premisesappurtenant thereto, as they apply to the same articles manufacturedor produced on or after the said date.,12. Discontinuance of salt duty.-For the year beginning on th?1 L.3 r, 1st day of April, 1954,law4&q shall be levied on salt manufacturedG&&jn, or imported by sea or land into, t,he territory of India excludingC" ifhe State of Jammu and Kashmir.iTHE FIRST SCHEDULE(See section 5)PART IIn the First Schedule to the Indian Tariff Act, 1934 (XXXII of1934),-I(a) in Item No. 9(3), in the second column. after the word- "Cardamoms", the word "cassia" sha!l be insetted;(b) in Item No. 9 (5), for the entries in the fourth and sixthcolumns, the entries "Re. 1-0-6 per lb." and "Re. 1 per lb." shallrespectively be substituted;(c) item No. 9 (7) shall be omitted;(d) in Item No. 28(12), in the third column, the word "revenue"shall be inserted, and for the ent in the fourth column,the entry "36 per cent. ad valorem" shal be substituted;(e) in Jtem No. 30(6), for the entr in the fourth column; theentry "20 per cent. ad valorem" shal be substituted;YYCL

5 6 Pinance [ACT IT(f) in Item No. 32(2), for the entries in the fourth colum~.I. against sub-items (a) and (b), the entries "Rs. 7 per cwt," and."Rs. 10-2-0 per cwt." shall respectively be substituted;I-(g)Iin Item No. 37(1), in the second column, the words.! Ii'i''Leather cloth, including artificial leather, and other" shall beomitted;(h) in Item No. 44(4), for the entry in the fourth colunm, theentry"66 8 per cent. ad valoremJJ shall be substituted;1 (i) in Item No. 50(3), for the entry in the fourth column, the-Ii; entry 'L1O per cent. ad valoremJ' shall be substituted;I\(j) item No. 61(a) shall be omitted;(k) in Item No. 71(13), for each of the entries in the fourth!column. the entry "66; per cent. ad valoremJJ shall be substituted;.(1) in Ita,,~ No. 72, in sub-item (e), in the second column, the*word "conduits" shall be omitted;(m) in Item No. 72(3), after the words "for any other.purpose", the words "but excluding small tools like twist drills*and reamers, dies and taps, gear cutters and hacksaw blades"shall be inserted;(n) in Item No. 73(6),-.(i) in the second column, for the words "Rubber-insula--ted", the words "Plastic-insulated and rubber-insulated" shall'be substituted; and(ii) for the entry in the fourth column, the entry "20'per cent. ad valorem" shall be substituted;(0) in Item No. 73(16), for the entries in the fourth columnagainst sub-items (a) and (b), the entri'es "50 per cent. ace'valorem"' and "60 per cent. ad valoremJ' shall respectively be., , substituted;(p) in Item-No. 73(17), for the entries in the fourth column'against sub-items (a) and (b), the entr'ies "50 per cent. ad valorem"'and "60 per cent. ad valorem>' shall respectively be substituted;;(q) in Items3Nos. 75(1), 75(9), 75c10), 75(11), 75(12) and 75(14)iq ahe'-'ehtr$es in :the thied column, ' the word '"ylre'fefential" shalbe: d~.itte& wher&ei it: obcuas, and the comesponding entries in.the fifth column shall be omitted;(r) in Ith No. 77 (4), to thk'gxis~in~'3htir~; in col~mn 2, thewords "not otherwise specified" shall be added. .CL

PART I1rIn the first S~hedule to the Indian Tariff Act, 1934 (XXXII of 1934), for Items Nos. 63(12), 63x15)~ 63(18), 71.(14), 2~~(35) ad 73(15), the following Items shall be substituted, and such substitutions shall be inserted in their appropriate 5places .--- -Preferential rate of duty if the'ttm . Nature of Standard article is the produce or \Duration of protectiveNo. Name of article duty rate of duty manufacture of rates of duty-The UnitedKingdom63(12) Iron or steel bolts and wts including hook-bolts Revenue . 50 per cent. . . . .gnd nuts for roofing and fish bolts and nuts, ,but excluding machine screws.ad valorem.A BritishColony63(15) Iron or steel rivets . . . . Revenue . 50 per cent. .. .. 3wad valorem. $263(18) (a) Iron or steel pipes and tubes not other- Revenue . 20 per cent. .. .. .$wise speded.ad valorem.(b) Fittings for iron or s~eel pipes and tubes Revenue . 31 114 per cent. .. ..falling under Item 63(18)(a), that is tosay, bends, boots, elbows, tees, sockets,Wgt:s; ~l~gs,~daLves, cocks and the like,ad valorem.burexcluding fiPting9,otherwise specified.72(14) . (a) he, ,foliowing e$&dic mqtors, '-ely, Protective . 10 112 per cent. . - -. December 31st, 1954-S-el cage induction motors of: a advalorem.brake-horse-power not exceeding 20,Ecluding fractional brake-horse-power.(b) Component parts of electric motors as Protective . 20 per cent. . . . . December grst, Igjq.defined in Item 72(14) (a) but ex- ad valorem.cluding conml gear for the sameprovided that only such articles shallbe deemed to be component parts asare ess&tial for 'the working of theelectric motors and have been givenfor that purpose some special shapeor quality which would not be essential -u Vlfor their use For any other purpose.-w-1.,

1ll~lllNature of StandardPreferential rate of duty if thearticle is the produce or Duration of protectivea"(. Name of article duty rate of duty manufacture of rates of dutyThe UnitedKingdomA BritishColony72(35; Ball bekings of all kinds not exceeding 2" bore Protective . 94 112 per cent. . . . . December 31st, 1954.diameter adapted for use as parts aqd acces- ad valorem. Isories of motor vehicles other than motorcycles and motor scooters.73(1~) Batteries for motor vehicles (including batteries Protective . 45 112 per cent. . . . . December 31st, 1955.which, are interchangeable for automobilepurposes on the one hand and radio, telephoneanil reiegaph on the, other) and plates forsuch batteries.----, --ad valorem.I .a- 3m

,PART rlt~UJIn the First Schedule to the Indian Tariff Act, 1934-- .-.-* -. -- uPreferential rate of duty if theIttm Nature of Standard article is the produce or Duration of ~rotectiveNo. Name of article duty rate of duty manufacture of rates of duty .-The UnitedIcingdomA BritishColoily0'nHP,I1(i) after Item No. 37 (I), the following Item shall be inserted: namely :-3 j(2) I, stlier cloth, including artificial leather, Revenue . 50 per cent. . . . .and manufactures thereof not otherwise speci-"rjad valorem.3.Bed.R(ii) after Item No. 73(17), the following Items shall be inserted, namely :- 5 m73(18) Electric fans including air circulators but Prefecentiol . 50 per cent. 40 per cent. ..excluding those which are designed for use Revenue . ad valorem. ad walorem.in an industrial system as parts indispensablefor its operation and have been given for thatpurpose some special shape or qualSty whichwould not be essential for their use for anyother purpose.73(~9) Conduits designed as parts of a transmission Revenue . zoper cent .. ..system, and their accessories and fittings.ad walorem.(iis> after Item No. 77($, the following Item shall be inserted, namely :- ,77(6) . Spectacle frmes, all sorts, other than spectacle Revenue . 50 per cent. . . . .frames made of or plated with gold and silverad salorem.or with either of them and parts thereof.(iv) after item No. 82(3), the following Item shall be inserted, namely :-g2 4) P. V. C. Sheets (that is to say, Polyvinyl Chloride Revenue . go per cent. . . . .sheets), unsuppprted.ad valorem.- - UIrg

60 Fznance [, ACT 17- 3'HE SECOND SCHEDULE(See section 6)~oods on which additional duty of customs is not leviable.Goods comprised in the following Items of the First Schedule to theIndian Tariff Act, 1934, namely:-/THE THIRD SCHEDULE(See section 6)Goods on which additional duty of customs at 5 per cent. is leviable.Goods comprised in the fdllowing Items of the First Schedule to the.Indian Tariff Act, 1934, namely:-

-THE LUSHAI HILLS&Q&'&A d Pr (CHAN& OF NAME)w.z- [29th April, 19541------~ ~ g c h . m ~ e Hills District.E it enacted by Parlia*entbe called ,%,GovernmentiIii2. Lushai Hills District to b as Mizo D‘istrict.- he tribal.area in Assam now known as tthe commencement of this Act,3. Amendment of the SiSixth Schedule to the Con(a) after sub-paragbe inserted, namely :-Hills District shall, as from1 as the Mizo District.inserted; andistrict to be construed as refemnceTHE PREVENTION OF DISQUALIFICATION(PARLIAMENT AND PART C STATES LEGISLATURES)AMENDMENT ACT, 1954[29th April, 19541An Act to amend the Prevention of Disqualification (Parliamentand Part C States Legislatures) Act, 1953.B E it enacted by Parliament in the Fifth Year of our Republic asfollows:-

3'k 62. Absorbed Areas (Laws) . [ACT 201. Short !Me.--This Act may be called the Prevention, of ~Disqualification(Parliament and Part C States Legislatures) AmendmentAct, 1954.2. Amendment of sectidn 4, Act 1 of 1954.-In section 4 of thePrevention of Disqualification (Parliament and Part C States Legislatures)Act, 1953 (1 of 1954), for the words "30th day of April", the -words "31st day of December" shall be substituted. and shall bedeemed always to have been substituted..1 Ii '&dL c?%-c+] No. 20 OFvof*z [SOth April, 19543-THE ABSORBED AREA; LIm i G d certain laws to as which, prior to the; commencemer~t of the Co , were administeredI as excluded or partially e reas and which, oni-i ;such commencement, wer in certain States. 1BE it enacted by\ Parliament as follobs :-I. Short title.-This Act Aay be lled the Absorbed Areas (Laws) iAct, 1954.i2. Definitions.-In this Act, unl-ss ithe context 0th-rwise requires,-- EI(a) ccabssrbing State", in re1 ion to an absorbed area meansa Slate specified in the heading of thl Schedule in which that absorbedarea is specified ;(b)" absorbed area " means an rea specified in cdumn 2 of the iSchcdule. 1 I.3. Extension of laws.-The A pecified in column I of each of ,the Schedules and all rules, notificati ders, schemes, Corms and byelawt madt thereunder, as in force in the a g State specified in the headingof that 'Schedule, are hereby cxtende nd shall be in force in theabsorbed areas specified in column 2,III!1.The kequisi:ioned Landof Compensation) Act,!Vanze of the ~ c t The absorbed areasI. . . . 2'. . .:,!': . . [Sub:Divisiona',

Name of the ActThe absorbed areasI 2Act, 1922 (XXII of 1922).4. The Cotton Transport Act, I923 (XIof 1923).j. The Port Haj Committees Act, 1932 (af 1932). ',6. The Seaward Artillery Practice A,1949 (VIII of 1949).The absorbed areasbition Act, I913 (V of 1913)., of 1922).Angul.he Indian Power Alcohol(XXII of 1948).The Employees' State Insu1948 (XXXIV of 1948).1948Act,aunsar Bawar Parganas in DehraDun Disl~ict and the areas of southof Kaimpur range in the Mirzapul-Di-trict.

Name of the Act/"The absorbed areasDarjeeIing District.2. The West Bengal26- .bL2ek~-- - YJ - -8THE DRUGS sblD-MA-6-I6-aFAEDlES (OB JECTLON-ABLE ADVERTISEMENTQ--- _ -_ _-- ACT, 19547[3Qth April, 19541.An Act to control the advertisement of drags in certain cases, toprohibit the advertisement for certain purposes of remediesalleged to possess magic qualities and to provide for mattersconnected therewith.B E it enacted by Parliament as follows: -1. Short title, extent and commencement.-(I) This Act may be.called the Drugs and Magic Remedies (Objectionable Advertisements)Act, 1954.(2) It extends to the whole of India except the State of Jammu.and Kashmir, and applies also to persons domiciled in the te~ritoriesto which this Act extends who are outside the said territories.(3) It shall come into force on such d%e & the Central Govern--ment may, by notification in the Oficial Gazette, appoint.2. Definitions.-In this Act, unless the context otherwise requires,-(a) 'advertisement' includes any notice, circular, label,wrapper, or other document, and any announcement made orallyor by any means of producing or transmitting light, sound orsmoke;(b) 'drug' includes-(i) a medicine for the internal or external use of humanbeings or animals;/-4-/9J4-vLc4 A&,-. 443 s/// rL/- /-.Z-Z-/~JX'9SJ; &'L: Arc. 3, p, 499#'?f'.i~~~.

. .AC~ 2r OF I 9541, , . Drugs and Magic. . kew.diqsS (Objection,able A$v.ertis.&ents) 6.5(ii),~.eny ~bstqn?? i?tend@ to be u~eQ for or in thed,iagnows, ku:ne, witigatiqp, treatmen$ or pr9,~entio.n ofdise8se in . . human . . .. beiirg~.. -or gnjmqxg(iji) aytkle, other than food, intend& & affect or,ineuence iii +y wax - the stI.1-rct.uk or any organic tunetion. or . ini.mals.;. .162 t$e @od$ of hean beings(iv) any article intended for use as ~QFP~OP~?~ of q>Y - " .,medicine., snbsta.nce or artid@, r.e$e-;cped tp ig sulpcJ:a{qes (0,:: @i), and ciii);(c;) 'magic remedy' i.ncludq. a talisman, m,antra, kavachcc, qndany other cham of any kind which,is alleged to possess mir'aculouspowers for or in the, diq.gnosi~,~: cure, mitigation, treatment orprevention of any disease in human beings or . animals or'foragectigg. or influencing in .any way: the. structure or 8.n~ organicfunction of the body of hyman beings ... . or o.ni.~al~;.(d) 'taking any part . . . the publicatiQ~. of my advertisement'i~n~ludes-Ci), the printing o< the advertisement,.. .. . .(ii). the publication ..of any adv&tiselnent outside theterritories, to which this Act extq.nd~ b% or at tb< instance 0%a person residing within the said territories;' (el .'venereal disease* includes syphilis, gonorrhma, softchancre; venereal granuloma . . and lymph .~ . gjanuloma..3; Prohihition ofi ad~ertisement ~f certain drugs for .tre.atqqe~t .ofcertain. diseases'and disorders.-Subject: to the pg~yision~ ~f this Agt,no person shall take any part in the publica%iqn' of a.ny adveit&ement..~efeqing to an-. drug in terms which suggest or are calculated to lead$?-the use of t K at +g for-.(9) tho pr.?wrement of rniscarriige . ?.. in WQWW or p .e.v~ti~.of conception in woqen; or(h) the maintengnce or improvement qf the capacity of . .human beings 'for sexual pleasure; or. (c) the correction of menstural disorder in women; or.(d) the diagnosis, cure,, mitigation, treatrqent . or. preventionof spy venereal disease or :any other disease br condition whichmay . . be ., . specifield. . . . in rules made under this Act.. .~4. Prohibition of misleading advertisements relating .to drugs.-X.vbj.eot; ta. the .pso.visi~ns 91 tbig Act, nr! wrsm shall . ta&e any, partjp' tMe publication; of any advertjsement relqting to 'a. drug if the adyertl$,egmtcontains aT?y matter whicb-(a) directly or ipdirec:tly gives a false iinpression regarding. .. ,.the.true character of the drug; or(b) makes FI false claim for the dw; os -(c) is otherwise false 0s qisjloading in aqy m&@,rial'particular.. .5. Prohibition wf advertiswent of magic rypedicq -for trq$peatof certain dismses and diso-rders.-No -person ca~lying os a,r'@ufport- . .ing to carry on the prqf.e~sion of admi~iste~,ng ka,gic rerriedi~.1089 M of Law. ... . .. . .

66 Drugs and Magic Rsmedies (Objectionable Advertisements) [ACT 21shall take any part in the publication of any advertisement referringto ariy magic remedy which directly or indirectly claims to be efficaciousfor any of the pdrposes specified in section 3.,. 6. Prohibition. of import into, and export from, India of certainadvertisements.-No person shall import into, or explort from, thexerritories to which this Act extends any document containing anadvertisement of the nature referred to in section 3, or section 4, orlsection 5; and any documents containing any such advertisementsshall be deemed to be goods of which the import or export has beenprohibited under section 19 of the Sea Customs Act, 1878 (VIII of '1878) and all the provisions of that Act shall have effect accordingly,except that section 183 thereof shall have effect as if for the word'shall' therein the word 'may' were substituted.. .7. penalty.-whoever contravenes any of the provisions of thisIAct shall, on conviction, be punishable- . ,.: .... . ,.(a) 'in-theg ca& of a first conviction, wAB imprisonment. ,' . 1which may extend to six months, or with fine, or with both;(b) in the -case;of subsequent ' conviction, with imprison-.I:'.: nient which may extend to one year, or with fine, or wlth both..: .": ~ 8. Confiscation. of documents, etc.; containing advedisements '1:,,. ,prohibited by this Act.-Any person authorised by the State . . 1~.Gove~rriment in this behalf may,. at a.ny time, seize:;and. detain anyd,ocuinent, article or thing which such person .,has reason. to believe ..contains any advertisement which contravenes any of the, provisions.,--.of this. Act and the court trying such contravention may direct, thatpa such document (including all copies thereof), article or thing. shall. .. ..,:.be forfeited to the Government., .. ... .9. Offences by companies.- (I) If the person, contravening- any of,the provisions-of this Act is a company, every persoil who at the time,,..the offence was committed, was .in -charge of, and was responsibleto, the company for the conduct of the business of the company as::well .as. the company shall be deemed to be guiify of the contraventionand shall be liable to be proceeded against and. punishedaccordingly':".. .- Provided that nothing contained in this sub-section shall rende.r:any such person liable to any punishment provided in this Act if heproves that the offence was committed without - his kno'wledge orthat he exercised all. due diligence to prevent the commission of. .... s,uch offence.. .. .s.," , . - (2) Notwithstanding anything contained in sub-secfion (1) wherean offence under this Act has been committed by a company and ::it-is proved that the offence was committed with- the consent or;.:connivance of, 07 is attributable to any neglect- on the partof, any ..director or manager, secretary or other officer of the company, suchdirector, manager, secretary or other .officer of the company shallalso- be deemed to be guilty of that offence and shall be liable to bd.:'proceeded a~ainst and 'punished accordingly.. .- ... .- Ezplp.nation.--For thk purposes of. this section,-.. . (a) 'companyi means .any body corporate .and . includes. . . l a~.firm or other association of individuals, andII. .

OF 19541 Drugs and Magic Remedies (Objectionable Advertisements) 67(b) 'directcir' in relation to a firm means a partner in thefirm.'10. Jurisdiction to try offences.-No court inferior to that of apresidency magistrate or a magistrate of the first class shaIl try anyoffence punishable under this Act.11. Officers to be deemed to be public servants,-Every personQuthorised under section 8 shall be deemed to be a ~ublic servant"witbin the meaning of section 21 of the Indian penal Code (~ct *XEV of 1860).- 12. Indemnity.-No suit, prosecution or other legal proceedingshall lie againsi any person for anything which is in good faithdone or intended to be done under this Act. '13. Other laws not affected.-The provisions of this Act are inaddition to, and not in derogation of the provisions of any otherlaw for the time being in force.I, 14. Savings.-(I) Nothing in this Act shall apply to-' .(a) any sign board or notice displayed by a registered medicalpractitioner on his premises indicating that treatment for an9-of the diseases or disorders specified in section 3 is undertakenin those premises; or(b) any3reatise or book dealing with any of the matters~pecified in section 3 from a bona fide scientific or social stand7point; or(c) any advertisement relating to any drug sent confidentiallyin the prescribed manner only to a registered medical practitioneror to a wholesale or retail chemist for distribution amongregistered medical practitioners or to a hospital or laboratory; or(d) any advertisement relatlng to a drug printed or publishedby the Government, or, with. the previous sanction of theGovernment, by any other person; or(e) any advertisement, label or set of instructions which ispermitted under the Drugs Act,"1940 (XXIII of 1940), or anyrules made thereunder.-.f. (2) In this section,-'(a) 'Registered medical practitioner' means any person,-(i) who holds a qualification granted by an authorityspecilied in, or notified under, section 3 of the Indian Medi-3- cal Degrees Act, 1916 (VII of 1916) or by an authority specifiedin any of the Schedules to the Indian Medical CouncilAct, 1933 (XXVI of 1933); or(ii) who is entitled to be registered as a medical practitionerunder any law for the time being in force in anyState to which this Act extends relating to the registrationof medical practitioners;(b) 'ho'spital' includes a clinic, dispensary or other institutionfor the reception of the sick, whether as in-patients or outpatients.

. rikd Magic Rein?&dp& (06y~~~&j&8. .. . . ,;-& p.j!&!d$ to e*:eni#f f&M. &.p#fiddfi&iii G! &f,;,: -, . of the Central Government public interest requires that ths adver-.tiS,ems& of any. S~?;qeifie,d ..d;mg.QX ..,. d,ag @$ d~gga..: shqqld : bq ggrriritted,i-t mayj by a~tiSigticQ, in th?!. Of3ei:sl Gazqtte, ,#.re@ that the p~G.vi-I $ions of sections 3, 4, .5 and 6 or a~y: 699 of :s.yjh, provisjorys .shall : Gt;apply or shall apply subject to such conditions as may be speci t 4.jfi not$Ee&$ion :tb @$ pel&~ofi. ta.t& dv+pti&rnefi.t ,of rfuch' m ,g& 6&4ii' of dd'hgg.. . .. . 1is. P. oaer ... ' - t6 h$k& Mleg.--(.i) ~h~ centrifi G.o+et.l&ent mdy b".;. . ..ynotification in the Official Gazette. make rules for carryMg out theputpos:es of this Act; . .(2) h particular and ~ithouJ prejudice to me generality 0f the:foregding power, such riiles May-(a)-$pecifu,a~ diS6$ie or cortditi6n to which the pfc&$isnsof section 3,. shall apply;(b) pr~scibe tl;le manner in which adveqil;eme.nts, of articles --or things referkd to in clause (c) of suh-section (I) of section 14way be sent confidentially.gf. THE INDIAN RAILWAYS (AMENDMFNTI ACT, - 1.954, . . ,. .NO. $2 QF T954I. . ., .. . E30th dp&, 19541.A$Aet @,i;&&f fb' &~&d xfidi.&fiBE it enacted by parliament: as ftlllowb :- :Rifiwa.ys Actj ,5gg0,1. short tiflEz.-%'his Act may be called the Indian Rdlways(Amendment) Act, 1954.2. Substitution of new section for .section 53 ia pet IX of 1890.-For section 53 of the Indian Railways Act, 1890, the following sectionshall substitutd8, ndmkly : -I'!53..l~aiimu@carryjng, cci@acity for wag6ns.-(I), The grossw$ighf of ev&rf +,ygdp or twek b&a;rhg @ the 8*led when the-.3ag&& ~f'..[&& i& lod&dd. do itg tt.l&+hi;l& 6grvffig ha;paei.ty shallnot exceed such limit as riiPy bb fixed by the G6ntlal Governmentfbr the class of Izle adder the Y-agon. or trqck..[2) subject $0 the limit fixqd under:syb-~ecti'on (I), everyrailway administration shall determine. the normal ' carryingca acity forevery wagon or truck in its poss.e.ssion and shallex{ibit. the Bjjd fi&f ei r@pe&entifig the *normal carrying&dp&city t y ~ deterdined ih. b.bfispid.joUS &afifier. on the outsideof every such wagon' or truck.. .,

Indian Railways (Amendmertt) 69(3) Bxery person oyning a wagon or truck which passes ov,era sailyay shall simi1a:rly determine and exhibit the nonnalcacrying qapaeitg for the wagdn or truck..(4) Notwithstandin$ anything contawed tn sub-sectidn (2)br sub-sectin jS), where a railway administratiop thinks itnecessary or expedient so to do in res~ect of any wag6n or truckcawing ahy specified class o! goods gr apy class of wagdnq ortrucks of any specified 'type, it %hay, by ~~o.tiEc'a~ion, v;dfg 'thenormal carrying capacity for such wagon or truck or such classof wagons or trucks and, subject to such conditions as it may.. think fit to impose, determine for the same such carrying capacityas may be specified in the notification and it shall not be neces-. sary to exhibit the words and figures representing the carryingcapacity so determined on the outside of such wagon or truck orsuch class of wagons or trucks:Provided that in no case the gross weight of such wagon ortruck or such class of wagons or trucks shall exceed the limitfixed under sub-section (1) for the class of\axle under the wagoncar truck."---- * k , / T~ h - y ' ~,____ ----- ----- g,.~/.~c-/- __.----4 ' ---- -THE S TE ACQUISITION OF LANDS FOR UNlON%RPOSES (VALIDATI@N) ACT, 1954isition mder the Land Acquisitionte Governments for thes passed and proceedings1. Short title.-This be called the-State Acquisitioli ofLands for Union Act, 1954.

,I/ ITHE VOLUNTARY SURRENDER OF SALARIES(EXEMPTION FROM TAXATION) AMENDMENTACT, I954LNO. 24 OF 1954(5th May, 19541An Act to amend the Voluntary Surrender of Salarjes (Exemp-\tion from Taxation) Act, I 950.BE it enacted by Parliament in the Fifth Year of our Republic asfollows:-1. Short title.-This Act may be called the Voluntary Surrenderof Salaries !Exemption from Taxation) Amendment Act, 1954.2.' Substitution of new section for sections 2 and 3 in Act LXI of1950.-For sections 2 and 3 of the Voluntary Surrender of Salaries(Exemption from Taxation) Act, 1950, the following section shall besubstituted, namely:-',"2. Exemption from taxes on income in respect of salariessurrendered by certain persons.-Notwithstanding anything containedin the Indian Income-tax Act, 1922 (XI! ofl 1922), or in anyother law for the time being in force relating to taxation on iacome,no income-tax or super-tax shall be payable by any per-'son whose salary is either specified in the Second Schedule to theI !Constitution or,is determined by any Central Act, State Act orProvincial 'Act in respect of that part of the salary due to himIunder any of the said ldws for any period after the 31st day of 1\October, 1949, which that person has, by a declaration in writingvolunteered to forego in the public interest, and that part of theIsalary shall not be included in his total income for the purposesof any law relating to taxation on incdme."-tIi- tI!1,IIIIIiI'i iI-1I1 4- - - - .- - - -- --- - .A

- -- -Rep. by Aot Sv O ~ ~ S B ~ ,- /25.2 ri Jcc. 2 /-d..M --6aTHE FACTORIES (AMENDMENT) ACl', 1954No. 25 OF I95417th May, 19541An Act further to amend the Facrcritlts Act, 1948;BE it enacted by Parliament in the Fifth Year of our ~e~ublic asfollows : -1. Short title.-This Act may be called the Factories (Amendment)Act, 1954.I2. Amendment of section 2, Act L3Xl.I of 1948.-In section 2 ofthe Factories Act, 1948 (hereinafter referred to asAct),-the principal(i) after clause (b), the following clause shall be inserted,namely :-'(bb) "calendar year" means the period of twelvemonths beginning with the first day of January in anyyear;'(ii) in clause (k), for sub-clause (iv), the following subclauseshall be substituted, namely :- ,"(iv) composing types for printing, printing by letter, press, tithography, phdogravure or other similar process orbook blnding ;"(iii) in clause (m), for the words, figures and brackets "theIndian Mines Act, 1923 (IV of 1923)", the words, figures andbrackets "the Mines Act, 1952 (XXXV of 1952)" shall besubstituted.3. Substitution of new section for section 4 in Act EXm of- 1948.-For section 4 of the principal Act, the following section shallbe substituted, namely : -"4. Power to declare different departments to be separatefactories or two or more factories to be a .single factory.-TheState Government may, on an application made in this behalfby an occupier, direct, by an order in writing, that for all or anyof the purposes of this Act* different gepartments or branchesof a factory of the occupier specified in the application shall betr,eated as separate factories or that two or more factories ofthe occupier specified in the application shall be treated as s* 3single factory.';

72 Factories (Amendment) [ACT 254. Amendment of section 7, Act LXIII of 1948.-In section 7 ofthe principal Act,-Iin sub-section (I), after clause (b), the following clauseshall be inserted, namely:-"(bb) the name and address of the owner of the premisesor building (including the precincts thereof) referredto in section 93;";(ii) in sub-section (4), for the words "Chief Inspector awritten notice", the words "Inspector a written notice and - to theChief Inspector a copy thereof" shall be substituted.5. 'Amendment of section 21, Act L2iXI.I .of 1948.-In section (21 dfthe principal Act, in the proviso to sub-section (I), for the word andfigures "section 22", the words, figures and brackets "sub-section (1)of section 22" shall be substituted.6. Amendment of section 22, Act LXPII of 1948.-In section 22 of. the principal Act, for sub-section (Z), the following sub-section shallbe sdbstituted, namely :-"(2) N6 WdnIan or young person shall be allowed t.6 clean,lubricate or adjust any part of a prime mover or of any transmissionmachinery while the prime mover or transmissionmachinery i~ in motion, or to clean, lubricate or adjust any part. of any machine if the cleaning, lubrication or adjustmentthereof would expose the woman or young person to risk ofinjury from any moving part either of that machine or of anyadjacent machinery."7. ~mendment of section 26, Act LXIII of 1948.-115 section 26 ofthe principal Act,-(i) in sub-sectiore (2)' for the word, brackets and figure"sub-section (I))', the words, brackets and figures "sub-section (I)or any rules made under Sub-section (3)" shall be substituted;(ii) Tor sub-sectibn (3), th'e 'followihg sub-section 'shall besubstituted, namely :-"(3) The State Government may make rules specifyingfurther safeguards to be provided in respect of any otherdangerous part of any particular machine or cIass or descriptionof machines.".8. Substitution of new section for section 29 in Act I;KIII d194'8.-For section 29 of the principal Act, the following section shallbe substituted, namely :-"29. Lif Hng machines, chins, ropes and lifting tackles.-(1) In any faotory the following provisions shall be compliedwith in respect of every lifting machine (other than a hoist andIift) and every chain, rope and lifting tackle for the purpose d%raising 'or lowering persons, . goods or materials :-(a) all parts, including -the working gear, whether fixedor movable, of every lifting machine and eve* c'hain, ropeor lifting tackle shall be-% (i) of gdod construction, sound material and ad&quate strength and free from defects;.

OF 195'45 Factories (Amendment) 73(ii! preperly maintained; anjl'(iii) thoroughly examined 'by a colilpetent personat least once in evkry period of twelve months, or a4such intervals as the Chief Inspector may specify inwriting; and a register shall be kept containing theprescribed particulars of every such examination;(b) no lifting machine and no chain, rope or liftingtackle shall, except for the purpose of test, be loaded beyondthe safe working load which shall be plainly nYaxkedthereon together with an identification mark and duly enteredin the prescribed register; and where this is notpracticable, a table showing the safe working loads ofevery kind and size of lifting machine or chain, rope orlifting tackle in use shall be displayed in prominentpositions on the premises;(c) while any person is employed or working ofi or nearthe wheel track of a travelling crane in any place wherehe a l d be liable to be struck by the crane, effectivemeasures shall be taken to ensure that the crane does notapproach within twenty feet of that place.(2) The State Government may make rules in respect ofany lifting machine or any chain, rope or lifting tackle usedin factories- -(a) prescribing further requirements to be conipliedwith in addition to those set out in this section;(b) providing for exemption from compliance with allor any of the requirements of this section, where in itsopinion, such compliance is unnecessary or impracticable.(3) Fdr the purposes of this seotion a lifting machine or a-chain, ro,pe or lifting tackle shall be deemed to have beenthoroughly examined if a vieual examination supplemented, ifnecessary, by other means and by the dismantling of parts ofthe gear, has been carried out as carefully as the conditionspermit in order to arrive at a reliable conclusion as ta thesafety of the parts examined.Explanation.-Inthis section,-(a)' "lifting machine" means a crane, crab, winch teaglepulley block, gin wheel, transporter or runway;(b) "lifting tackle" means chain slings, rope slings,rings, hooks, shackles and swivels..".9. Amendment of section 45, Act LXIU of 1948.-In section 45 of,the p3ncipal Act,-(i) in sub-section (I), after the words "ordinarily employed",the words "at any one time" shall be inserted;'(ii) for dub-section :(2),:i,$bsti$,d.ted, ii2mely: --the 'following -sub-sections:shall be"(2) .N. othing except %he preseribe'd contents $hall bekept in a first aid bok or cup board.-.,;>

74 1:actories (Amendment) [ACT 25 1(3) Each first aid box or cup board shall be kept in thecharge of a separate responsible person who is trained infirst aid treatment and who shall always be readily avail.able during the working hours of the factofy.";(iii) sub-section (3) shall be renumbered as sub-section(4).10.' Amendment of section 54, Act LXIIX of 1948.-In section 54df the principal Act, the following proviso shall be added at theend, namely :-"Provided that, subject. to the previous approval of theChfef Inspector, the daily maximum specified in this sectionmay be exceeded in order to facilitate the change of shifts.".11. Amendment of spc€ion 55, Act LXIII of 1948.-Section 55 ofthe principal Act shall be renumbered as sub-section (1) of thatsection and after that section as so renumbered the following subsectionshall be added, namely :-"(2) The State Government or, subject to the control of theState Government, the Chief Inspect&, may, by written orderand for the reasons specified therein, exempt any factory from the~rovisions of sub-section (I) so however that the total number ofhours worked by a work'er without an interval does not exceedsix.".12. Amendment of section' 58, Act LXIII of 1948.-In section 58of the principal Act, for sub-section (Z), the following sub-sectionsqall be substituted, namely: -"(2) The State Government or subject to the control of theState Government, the Chief Inspector, may, 'by written orderand for the reasons specified therein, exempt on such 'conditions-as may be deemed expedient, any factory or class or descriptionof factories or any department or section of a factory or anycategory or description of workers therein from the provisionsof sub-Cection (I).".,13. Amendment of section 59, Act LXPW d 1948.-In section 59 ofthe principal Act, for sub-section (4), the following sub-sections shallbe substituted, namely : -'(4) -The cash equivalent of the advantage accruing throughthe ~oncessional sale to a worker of foodgrains and other articlesshall be computed as often as may be prescribed on the basis ofthe maximum quantity of foodgrains and other articles admissibleto a standard family.Explanation 1.-"Standard family" means a family consistingof the worker his or her spouse and two children below the age'uf fourteen years requiring in all three adult co~lsumption units.Explanation 2.-"Adult consumption unit" means the consumptionunit of a male above the age of fourteen years; and theeonsumption unit of a female above the age of fourteen years andthat of a child below the age of fourteen years shall be calculatedat the rates of a 8 and .6 respectively of one adult , consumptionunit.

OF 19.541 Factories (Amendment) 75(5) The State Government may make rules prescribing-(a) the manner in which the cash equivalent of theadvAntage accruing through the concessional sale to a workerof foodgrains and other articles shall be computed; and(b) the registers that shall be maintained in a factory forthe purpose of securing compliance with the' provisions ofthis section:'.14. Amendment of section 61, Act LXIII of 1948.-In section 61 ofthe principal Act, in sub-section (Z), for the figures and word "55 and56", the figures and word "55, 56 and 58" shall be substituted.15. Amendment of section 64, Act LXIII of 1948.-In section 64of the principal Act,-(i) in sub-section (2),-(a) in clause (d), the words "throughout the day" shall beomitted;(b) the'following clauses shall be added at the end,namely : -'(i) of workers engaged in the printing of newspapers,who are held up on account of the breakdown ofmachinery, from the provisions of sections 51, 54 and 56.Explanation.-In this clause the expression "newspapers"has the meaning assigned to it in the Press andRegistration of Books Act, 1867 (XXV of. 1867).";(j) of workers engaged in the loading or unloadingof railway wagons, from the provisions of sections 51, 52,54, 55 and 56.';(ii) for sub-section (4), the following sub-section shall be substituted,namely : -'(4) In making rules under this section, the State Governmentshall not exceed, except in respect of exemption underclause (a) of sub-section (2), the following limits of workinclusive of overtime : -(i) the total number of hours of work in any dayshall not exceed ten;(ii) the spreadover, inclusive of intervals for rest,shall not exceed twelve hours in any one day:Provided that the State Government may, in respect ofany or all of the categories of workers referred to in clause(d) of sub-section (Z), make rules prescri.bing the circumstancesin which, and the conditions subject to which, therestrictions imposed by clause (i) and clause (rii) shall notapply in order to enable a shift worker to work the whole orpart of a subsequent shift in the absence of a worker whohas failed to report for duty;(iii) the total number of hours of overtime shall notexceed fifty tor any one qiiarter.,

'$5 Factorzes (Amendment) [KCT 2'5Eqlanation.+"Qitarter7' means a period of'three consecutivemonths beginni,ng on the 1st of January, the 1stof April, the 1st of July or the 1st of October.'.$8. Amendment of section 65, Act LX1I.I bf 99ii'8.-1n section 65 ofthe priacipal Act, in sub-section (3), ior the word2 "weekly hours ofwork", the words "working hours1' shall be substituted.17. Amendment of section 66, Act LXIII of 1948.-In section 66 ofthe principal Act, in sub-section (I), after clause (b), $he followingclause shall be inserted, namely: -"(c) there shall be no change of shifts except after a weeklyholiday or any other holiday.".18. Amendment of section 70, Act LXIII of 1948.-In section 70 ofthe principal Act, in sub-section (I), the following proviso shall beadded at the end, namely:-'Provided that no such adolescent who has not attained theage of seventeen years shall be employed or permitted to work inany factory during night.Explanation.-For the purpose of this sub-section "night"- shall mean a period of at least twelve consecutive hours whichshall include an interval of at least seven consecutive hours fallingbetween 10 P.M. and 7 A.M.".19. Amendment of section 71, Act LXIII of 1948.-In section 71 oft3e principal Act, in sub-section (I), for clause (b), the followingclause shall be substituted, namely :-'(b) during the night.Explanation.-For the purpose of this sub-section "night"shall mean a period of at least twelve consecutive hours whichshall include the interval between 10 P.M. and 6 A.M."20, Substitution of new Chapter for Chapter VIII in Act LXIII of1948.-For Chapter VIII of the principal Act, the following Chaptershall be substituted, namely :-"CHAPTER VIIIANNUALEAVE WTH WAGES'78. Application of Chapter.-(J) The provisions of thisChapter shall not operate to the prejudice of any right to whicha worker may be entitled unde? any other law or under the termsof any award, agreement or contract of service:Provided that when such award, agreement or c'ontract ofservice provides for a longer annual leave with wages than pro-. vided in this Chapter, the worker shall be entitled only to suchlonger annual leave.(2)' The provisions of this Chapter shall not apply to wcrkersin ,any workshop of any r-ailway . admini~tered, by the Government,who are ,governed by leave rules ap;proved by the CentraIGovernment.

IRep. by Ad I kI! OF 19541 . Factories (Amendment) 'R7I 79. Annual leave with wages.-(I) Every worker who hasIiworked for g period of 240 days or more in -a factory during aIcalendar year shall be qllowed during the subsequerit calendaryeaT, leave with wages_ f ~r a number of days calculated at the1! rate of-(i) if an 3dult, one day for every twenty days of workperfomed by him during the previous calendar year;(ii) if a child, one day for every fifteen days of work performedby him during the previous calendar year.Explanation 1.-For the purp~se of this sub-section-(a) any days of lay off, by agreement or contract or aspermissible under the standing orders;-- (b) in the case of a female worker, maternity leave forany number of days not exceeding twelve weeks; and(c) the leave earned in the year prior to that in whichthe leave is enjoyed;shall be deemed to be days on which the worker has worked ina factory for the purpose of computation of the period of 240days or more, but he shall not earn leave for these days.Explanation 2.-The leave admissible under this sub-sectionshall be exclusive of all holidays whether occurring during prat either end of the period of leave.(2) A worker whose service commences otherwise than on thefirst day of January shall be entitled to leave with wages at therate laid down in clause (i) or, as the case may be, clause (ii) ofqub-section (1) if he has worked for two-thirds of the total numberof days in the remainder of the calendar year.(3) If a worker is discharged or dismissed from service duringthe course of the year he shall be entitled to leave with wages atthe rates laid down in sub-section (1) even if he has not workedfor the entire period specified in sub-section (1) or sub-section (2)entitling him to earn leave.(4) In calculating leave under this section, fraction of leaveof half a day or more shall be treated as one full day's leave, andfraction of less than half a day shall be omitted.(5) 'If a worker does not in any one calendar year take thewhole of the leave allowed to him under sub-section (I) or subsection(2), as t.he case may be, any leave not takeq by him shallbe added to the leave to be allowed to him in the succeedingcalendar year :Provided that the total number of days of leave that pay becarried forward to a succeeding year shall not exceed thirty inthe base of an adult or forty in the case of a child:Provided further that a worker, who has applied for leavewith wages but has not been given such leave in accordance withany scheme laid down in sub-sections (8) and (9) shall be entitledto aarry forward the unavailed leave without any limit.

78 Factories (Amendment) [ACT 25(6) A wprker may at any time apply in writing to themanager of a factory not less than fifteen days before the dateon which he wishes his leave to begin, to take all the leave orany portion thereof allowable to him during the calendar year:r .Provided that the application shall be made not less thanthirtv davs before the date on which the worker wishes his leaveto bGgin,"if he is employed in a public utility service as definedin clause (n) of section 2 of the Industrial Disputes Act, 1947(XIV of 1947) :Provided further that the number of times in which leavemay be taken during any year shall not exceed three.(7) If a worker wants to avail himself of the leave with wagesdue to him to cover a period of illness, he shall be granted suchleave even if the application for leave is not made within thetime specified in sub-section (6); and in such a case wages asadmissible ufider section 81 shall be paid not later than fifteendays, & in the case of a public utility service not later, than thirtydays from the date of the application for leave.(8) For the purpose of ensuring the continuity of work, theoccupier or mqnager of the factory, in agreement with the WorksCommittee of the factory constituted unde'r section 3 of the IndustrialDisputes Act, 1947 (XIV of 1947), or a similar Committeeconstituted under any other Act or if there is no such Works Committeeor a similar Committee in the factory, in agreement withthe representatives of the workers therein chosen in the prescribedmanner, may lodge with the CE-ef Inspector a scheme in writingwhereby the grant of leave allowable under this section maybe regulated.(9) A scheme lodged under sub-section (8) shall be displayedat some conspicuous and convenient places in the factory andshall be in force for a period of twelve months from the date onwhich it comes into force, and may thereafter be renewed with orwithout modification for a further period of twelve months zlt atime, by, the manager in agreement with the Works Committeeor a similar Committee, or as the case may be, in agreement with- the representatives of the workers as specified in sub-section (8),and a notice of renewal shall be sent to the Chief Inspector beforeit is renewed.(10) An application for leave which does not contravene theprovisions of sub-section (6) shall not be refused, unless refusaIis in accordance with the scheme for the time being in operationunder sub-sections (8) and (9).(11) If the employment of a worker who is entitled to leave;under sub-section (1) or sub-section (2), as the case may be, isterminated by the occupiec before he has taken the entire leaveto which he is entitled, or if having applied for and having notbeen granted such leave, the worker quits his employment beforehe has taken the leave,'the occupier of the factory shall pay him. the amount payable under section 80 in respect of the leave nottaken, and such payment shall be made, where the employmentof the work~r is terminated by the occupier, before the expiry of

Repo by.5 "JE IYO ".I19541 Factories (Amendment) 79'the second working day after such termination, and where aworker who quits his employment, on or before the next pay day.(12) The unavailed leave of a worker shall not be taken intoconsideration in computing the period of any notice required tobe given before discharge or dismissal.80. Wages during leave period.-(1) For the leave allowed tohim under section 79, a wdrker shall be paid at a rate equal tothe daily average of .his total full time earnings for the days onwhich he worked during the month immediately preceding hisleave, exclusive of any overtime and bonus but inclusive of'dearness allowance and the cash equivalent of the advantageaccruing through the concessional sale to the worker of foodgrainsand other articles.(2) The cash equivalent of the advantage accruing throughthe concessional sale to the worker of foodgrains and other articlesshall be computed as often as may be prescribed, on the basisof the. maximum quantity of foodgrains and other articles admissibleto a standard family.Explanation 1.-'(Standard family" means a family consistingof a worker, his or her spouse'and two children below the ageof fourteen years requiring in all three adult consumption units.Explanation 2.-"Adult consumption unitf1 means the consumptionunit of a male above the age of fourteen years; and theconsumption unit of a feinale above the age of fourteen years- and that of a child below the age of fourteen years shall be- calculated at the rates of .8 and -6 respectively of one adult cansumption-unit.(3) The State Government may make rules prescribing-(a) the manner in which the cash equivalent of the advantageaccruing through the concessional sale to a worker' of foodgrains and other articles shall be computed; and(b) the registers that shall be maintained in a factoryfor the purpose of securing compliance with the provisionsof this section.81. Payment in advance in certain cases.-A worker who hasbeen allowed leave for not less than four days, in the case of anadult, and five days, in the case of a child, shall, before his leavebegins, be paid the wages due for the period of the leave allowed.82. Mode of recovery of unpaid wages.-Any sum requiredto be paid by an employer, under this Chapter but not paid byhim shall be recoverable as delayed wages under the provisions- of the Payment of Wages Act, 19'36 (IV of 1936).83. Power to make rules.-The State Government may makerules directing managers of factories to keeh registers containingsuch particulars as may be prescribed and requiring the registersto be made available for examination by Inspectors.84. Power to exempt factories.-Where the State Governmentis satisfied that the leave rules applicable to workers in a factory- ' provide benefits which in its opinion are not less favourablethan those for which this Chapter makes provision it may, by-

1 .IiI80 Factovies (A:m.endment) ' [ACT zvdtten. order,, exe.mpt. the: factory from. aJl gl: ~ :.@ y t.& Pr*visions. of this Chapter subj.e,ct to 9Ik.c.h gogditioO$s- .as . m9Y be. s,pe~ified in the order.".2.1. Substitut20n &. new section for section. 993 in Act L m1948.For section 9,3 of the prihcipal Act, the fallowing section shall- be .s.u:bstitiuted, name.1~ I -''g3'. Ijiabijity of owner of premtses in certain circzmtstantcres.-(t)\ [%here in 'any premises 'separate bujldings are leased to&iff@ent occupiers for use as separate factories, the owner of theprerpises shall be responsible for the provision and maintenancedf common f'ac?lities'and services, such as approach roads, drainage,water supply, lighting and sanitation.(2) The Chief Inspector shall have, subject to the Controlo$ the State Government, power to. issue orders to the Qwner ofthe premises in respect of the carrying out of the provisions ofsub-section- (I:).. (3) Where in any premises, independent ' or self-.contained,floors or flats are leased to different occupiers for use as separatefactories, the owner of the pgein.ises shall .be liable as if he werethe oceupie~ otmanager of a. factory, for any contravention ofthe provisions of this: .A& in respect of-(i). latrinqs, urinals. arid washing facilities in so far as.the maintenance of the coinmon supply of waiter for thesepurposes is concerned.;j(ti). ferraing qf mqBohi,nery .and plant bejonging. to the'owner and not specifically entrusted to the custody ar uset1 of an occupjer;!1(@) safe means of access to the floors ~r flats and main-!tenariee and cleanliness Q£ stair cases and common passages;(iv) prec.wtions in case oj fire;(v) m%intenance of hoists and lifts; and(vi) maintenance of any other common, fa.cilit.i,es provid~ed in the premises,,. .(4);. The Chief .f.nspector shgll have., .subj,eet t9 the control6$ !be State .G~verpme~t, power to issue orders to the owner. .of the p!-emlses In respect of the carrying out the provisions , ~*...~. ofsub-section (3).iI. , malntsnanoe, .($) The provisions of sub-secti.on (3) ielqting to the liabilityoS the owner shall apply wherg. in any premises i&ep&dentrooms with common latrines, uflaals and washing facilities areleased to different occupiws. . . for use as separate factories:. Provided that the owney. shall be yesplo,nsible .ala~ for complyjngwit.h the requiremqntn .r@ating to th% . py~visiop andof la$rines, uci.p.~ls and washing ,. .. fqcilities.... ,.. .., (6) The Chief ~nspector shgll haye, subject. to the, G,ontrol ofthe >State Oovefnment, the pover to i~sue o~de~s to. the owner~f the premises Feferred to in sub-se@$:on (5) in respect of thecaw!?% out of the p~ui+i~ns Q$ qestiog.46 or seetipn 433. .of

OF I954 . , Factories (Amendment) 81(7) Where in any premises portions of a room or a shed areleased to different occupiers for use as separate factories, theowner of the premises shall be liable for any contravention ofthe provisions of-I(i) chapter 111, except sections 14 and 15;(ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36:Provided that in respect of the provisions of sections 21,24 and 32 the owner's liability shall be only in so far as such ,provisions relate to things under his control:Provided further that the occupier shall be responsiblefor complying with the provisions of Chapter IV in respectof plant and machinery belonging to or supplied by him;(iii) section 42.(8) The Chief Inspector shall have, subject to the control ofthe State Government, power to issue orders to the ownerof the premises in respect of the carrying out the provisions ofsub-section (7).(9) In respect of su!b-sections (5) and (7), while computingfor the purposes of any of the provisions of this Act the totalnumber of workers employed, the whole of the premises shallbe deemed to be a single factory.'. ,1THE MINIMUM WAGES (AMEXDMEN T) ACT, 1954No. 26 OF 1954[20th May, 1954.1An Act further to amend the Minimum Wages Act, 1948.B E it enacted by Parliament in the Fifth Year of the Republic of.indh as follows :- 71. Short title.-This Act may be oaalled the Minimum Wages I- ,(Amendinert) Act, 1954.2. Amendment of section 2, Act XI of 1948.-In section 2 of theMinimum Wages Act, 1948 (hereinafter referred to as the principal Act),--(a) in clause (a), for the words and figures "Factories Act, 1934(X~V of 1934)", the words and figures "Factories Act., 1948 (LXIIIof 1948)" shall be substituted; and-(b) in sub-clause (i) of clause (e), for the words, brackets,1, letter and figures "clause (e) of sub-section (1) of section 9 of theiIFactories Act, 1934 (XXV of 1934)", the words, brackets, letter andfigures "clause (f) of sub-section (1) of section 7 of the Factories Act,,1948 (LX!lI of 1948)" shall be substituted.G 132 M of Law.' .L

-> 82 Minimum W~g,.zs. (Amendment)3. Amendment of section 3, Act XI of 1948.-For sub-section (1)df &6&0n' 3 of the principal Act, the following sub-sections shell be subbtituted; . namely . :-',"(1) The appropribte Cfovernment shall, in the manner hereinafterprovided,-(a) fix the minimum rates of wages payable toemployed-employees(i) in en employment specified in Past I of tkeSohedule at the comrnenoement of this Act, before the31st day of December, 1954;(ii) in an employment specified in Part I1 of theSchedule at the conlmencemerlt of this Act, before the 31sbday of December, 1954 :Provided that the appropriate Government may,instead of fixing minimum rates of wages under this subclausefor the whole State, fix such rates for a part of theGtate or for :mj specified class or classes cf such employ->ment in the whole State or part thereof; and(tat) ill an employmellt added to Part I or Part I1 of theSch~dule by notification under section 27, before the expiry"of one year from the date of the notification;T,j(b) review at such ii~tervals as it may think fit, such intervalsnot exceeding five years, the minimum rates of wages so fixed andrevise the minimum rates, if necessary.(1A) Notwithstanding anything contained in sub-section (I),the appropriate Government may refrain from fixing minimum ratesof wages in respect of an$ scheduled employment in which therea@$e ib the whole State less thau one thousand employees engagedin such employment, but if at any time, whether bcfore or aftert h ~ expiry of any time limit specified in sub-section (1) the appropriateGovernmerit comes to a finding after such inquiry as it, may, make or~eause to be made in this behalf that the number ofemployees in any scheduled employment in respect of which it hasrefrainkd from fixing minimum rates of wages has risen to onethousand or more. it shall fix minimum rates of wages payable toemployees in such employment within one year from the date 011which it comes to such finding.".i 4. Amendment of section 14, Act XI of 1948.-In section 14 of theprincipal Act, in sub-kection (S), for the words and figures "section 47 ofthe Factories Act 1934 (XXV of 1934)" the words and figures "section59 of the Factories Act, 1948 (LXIII of 1948)" shall be substituted.5. amendment of section 26, Act XI of 1948.-After sub-section (2) ofsectiorl 26 of the.principa1 Act, the following sub-section shall be inserted,namely :- ,"jbA) The appropriate Government may, if it is of opinion that,having. regard to the terms and conditions of service applicable to anyclass of emp)royeescin a scheduled employment generally or in a schedul- ,ed employment in d local area, it is not necessary to fix minimum wagesin respect of such employees of that class as are in receipt of wages exceedingsuch limit as map be prescribed in this behlf. direct, byC

...cisI. OF 19541. . Minitfiunr Wages (Amendment) , .83aobiLication in-the OBicial Gazette and subject to such oondifions,if any, as it may think fit tg impose, that the provisions ofthis Act or any ~f them shall not apply in rel'a;tion to such employees."-6. Lnsertion of new section 31 in Act XI of 1948.-After section 30 of$he principal, Act, the fouowing . . section ,shall be inserted, namely:-"31. Validation of fixalion of certain miil'imitm ~ qtes of wages.-where during the .period commencing ,on the 1st day - d - April, 1952,aad &ding with the date of commence'ment of the Minimum Wagee(Amendment) Act, 1954, minimum..rates of wages have been fixed'by an' appropriate ,Government as , being payable to employees -employed in any employment specified in Part I of the Schedule inthe belief or purported belief that such rates were being fixed unders-ub-clause (i) of clause (a) of sub-section (I) of section 3. such rates.ehall be deemed to have been fixed in accordance with law, andshall not be- .called in question in any: court on : the ground merely+hat the date specified in that sub-clause had expired at the t,ime.- +he rates were fixed: . .Provided ' tiat nothing oontained in this section shall extend, or .%e 'constru&l to extend; to afEect. any 'person with;any punishment or.. .penalty whatsoever by reason of the payinent by 'h~m by way of.wages to any of his employees during the period -specified in this,section an a,inount which is less than the . minimum rates of wages':referred to in. this section or by reason of .non-compliance during thepnriod aforesaid with aliy order. or -rule issued under,.section 13.". .-- , ,THE ~IELIVERY OF BOOKS (PUBLI c I.IBRARI ES)GI(I . ACT, I954 -NO. 27 OF, 1654 . '..vq- ij- u;-- . .. . . . - [20thMaY,1954]. .An Act to provide for delivery of books to the National Libraryand other r~ublic libraries.BE it ,enacted by Parliament in .the Fifth year of the Republic ofIndia as follows: -- '1, Short title and exteat.-(1) This Act may be called the Deliveryof Books (Public Libraries) Act, 1954.(2) It extends to the-whole of India except the State of Jarnrnuaxid Kashm~r.2, Definitions.-In this Act, unless the context otherwiserequires,-(a) "book" includes every volume, part or division of a~~olume, and pamphlet. in any language, and every sheet ofmusic, map, chart or plan separately printed or lithographed, butdoes not include a newspaper published in conformity with theprovisions of section 5 of the Press and Registration of BooksAct, 1867 (XXV of 1867);

f Delivery84 .of Books (Public Librafies) [ACT 27Se. 1954(b) "public libraries" means the ~ational Library at Calcutta 'and any three other libraries which may be specified b y the ,Central Government in tgis behalf by notification in the OfficialGazette. . ,,:3. Delivery of books to public libraries.-(1)' Subject to any rulesthat may be made under this Act, but without prejudice to the pro--visions contained in section 9 of the Press and Registration of BooksAct, 1867 (XXV of 1867), the publisher of every book published inthe territories to which this Act extends after the c.ommencement ofthis Act shall, notwithstanding any agreement to the contrary, deli*ver at his own expense a copy of the book to the National -Libraryat C,alcutta and one such copy to each of the other three publiclibraries within thirty days from the date of its publication.(2) The copy delivered to the National ~ibrar~ shall be a copy ofthe whole book with all maps and illustrations belonging thereto,finished and coloured in the same, manner as the best copies of the.same, and shall be bound, sewed or stitche.d together, and on the bestpaper on which any copy -of the book is +printed.(3) The copy delivered to any other public library shall be on thepaper on which the largestxumber of copies of the book is printed,for sale, and shall be in the like condition as the books prepared forsale.(4) Nothing contained in sub-section (1) shall apply to any sec.ondor subsequent edition of a book in which edition no additions oralterations either in the letter-press or in the maps, book prints orother engravings belonging to the book have been made, and a %copyof the first or some pteceding edition of which book has been delivered~lnder this Act.- 4. Receipt for books delivered.-The person in charge of a 'publiclibrary (whether called a librarian or by any other name) or anyother person authorised by him in this behalf to whom a copy of abook is delivered under section 3 shall give to the publishera receiptin writing therefor.5. Penalty.-Any publisher ,.who contravenes any provision ofthis Act or of any rule made thereunder shall be punishablewhich may extend to fifty rupees and the value of the bookcourt trying the offence may direct that the whole or anthe fine realised from him shall be paid; by way of compensation,the public library to which the book ought. to have been delivered.6. Cognizance of offences.-(I) No court shall take cognizance ofany offence punishable under this Act save on complaint made by anofficer empowered in this behalf by the Central Government by a:general or special order.(2). No court. irderior to that of a presidency magistrate or a-magistrate of the first class shall try any offence punishable . . under. this Act.7. Application of Act to boolcs published by ~overn&ent.-This' . Act shall also apply to bovlrs published by or under the authority of-the'Government other than books meant for official. use only.8. Power to make rules.-The Central Government may, by notifi-.cation in the Official Gazette, make rules to carryout the purposesof this Act.... . . . . . - . -~ .. ... ...

THE H'I(;H COURT JUDGES (CONDITIONS C)li- -- - - -SER,VI-C~);KCT~I~~----- -_ _ ---_ ----.No. 28 OF 1954_-/- ._ARRANGEMENT OF. SECTION 87Sm.~~oxe1. Short title.2. Definitions.CHAPTER II'RELIMINARYKinds of leava ad~l~issible to a Judge.Leave account showing the amount of leave due. -Aggregate amount of leave which may be granted.Grant of leaye not due.Special disability leave.Extraordinary lea~re.Leave allowances. I*Allowances for joining time.Combining leave with vacation.Consequences of ov8retaying leave of vacahioa.Authority competent to grant leave, etc.CHAPTER I111.14. Peilsion payable to Judges.;15. Special provision for pension in respect= ofmembers of service.judges who are? '36. Power of President to add to the service for pension..I 7. Extraordinary pensions.18. Conversion of sterling pension into rupeee.3 9. Cammutatisn of pensions.-. - Provident Fund.41. . Authorib oorapetent to grant pengion.85

8 6 FIiglz Court Judges (Conditions of Service) [ACT 28CHAPTEH. IV 'MISCELLANEOUS22. !L'ravel{ing allowhL&es to a Judge. t23. Facilities for medical- treatment and other conditions of service,.24. Power to make rules.25. Savings.Fimt Schedule-Pensions of Judges.Second Schedule--Injury Gratuities and Pensi~ms.THE HIGH ~_. COURT _ __IJUD.GBSi.~-NDITIF)NS 03' f?ERvIcE.k- jACT,. 1-954 . .[zoth May 19541:An Act to regulate certain conditions of service of the Judgesof High C o u r t s . ~ - - - / ~ ~ ~ . I /I*'$ .BE it enqcted by ,Parliament in the Fifth Year of the Republic of.India as follows:--ICHAPTER 1' 'iI----- ---_I___---I1. Shm title.-This Aot may be called the High Court Judges (Conrflttions of Service) Act, 1954.2. Definitions.-(I) In this Act, unless the context otherwiserequires,- 1(a)"acting Chief Justice" means a Judga appointed under articlei223 of the Constitution to perform the duties of the Chief Justice;rxyd 1(6) "acting Judge" means a person ldtsnsd appointed to act. ' Ins a Judge under sub-section (2) of section 222 of the Government. of 1I n d i a A c t , 1 9 3 ~ 0 ~ & ~ 1 3 g ~ ~ z k ~ & ~ ~ Lj(6) "actual servi~e': include$,(i) time spent by a Judge on duty as a Judge or in the performanoeof such other functions as he mhy, at the request\ ofthe President of India, undertake to discharge;(ii) vacations, excluding any time during which the Judgeis absent 011 leave;--dQ+L(iii) joining time on transfer from a High Court to theSupreme Court or from one Bigh Court. 40 another or from thoSupreme Court to a High Court;(iv) time spent by a Judge on duty as a Judge of a former.Indian High Court;-- --- - - --- - - -_ - -_______e

(d) "additiczial Judge" means a personapting Chief Justice shall.,not be reck(3) Any period of leave taken by3. Kinds of leave admissibleof this Act, leave granted to e(b) leave on half allowsnces; or

88 Hii!h Court Julz'ges (Conditicns of Serv~ce) [ACT 284. Leave account showing the amount of leave due.-(1) A Awveaccount shall be kept for each Judge showirlg therein the arriount cb 1eet.edue to him in terms of leave on half allowances.(2) In tho leave account of a Judge-(a) there shall be enedited to hh-(i) ono-fourth of the time spent by him on actual service; and(ii) where the Judge, by reason of his having been detainedfor the performance of duties not connected with the High Court,cannot enjoy any vacation which he would othelwise have beenentitled to enjoy had he not been so detained, as compensatioufor the vabation not enjoyed, a period equal to double the periodby which the vacMion enjoyed by him in any year falls shortof one month; and(b) there shall be debited to him.al1 leave with allowances takenby him.5. Aggregate amount of leave which may be granted.-(1) The aggrsgateamount of leave which may be granted to a Judge during the wholeperiod of his service as such shall not exceed in terms of leave on halfallowances three years together with the ag&egate of the periods, if any,credited to his leave account under sub-section (Z)(a)(ii) of section 4 aecompensationfor vacation not enjoyed.(2) The aggregate amount of leave on full allowances which may begranted to a Judge during the whole period of his serviee a8 such shall12of exceed one-twenty-fourth of the period spent by him -on actual servicetogether with one-half of the aggregate periods, if any, credited to hisLeave account under sub-section (2)(a)(ii) of section 4 as compensationfor vacation not enjoyed.-(3) The maximum period, of leave which may be granted atl one timeshall be, in the case of leave on full allowances, five months and in tbeCase of leave with allowances of any kind, sixteen months.0. Grant of leave not due.-Subject to the maximum lin~it specifiedin sub-section :(l) of section 6, leave on half allowances may be grantedto R ,lndge in excess of the amount at his credib(i) on medical certificate; or(ii) otherwise than on medical certificate, for not more than sirmonths and not more than once during the whole period of llisservice as a Judge :Provided that no such leave shall be granted if the Judge is notexpected to return to duty at the end of su~h leave and earn the leaveI?ranted. I i l7. Special disability leave.-The rules for the time being in force withrespect to the grant of special digaloility leave in relation td an officerof the Central Civil Services, Class I who has entered service on or afterthe lGth July, 1931 and who n?av he disabled bg i~ljurp caused in, or inconsequence, of, the due performance of his official duties or in conse-,quence of his official position, shall apply in-relation to a Judge.8. Extraordinary leave.--Zxtraordinaq leave not exceeding six monthsin duratio~i ]nay be granted to a Jtldge not more than once durillg the1

1954. High Cou~t Judges (Gonditious of .Be~vice) 89whole period of his service as a Judge in excess of any leavs permissibleunder tho foregoing provisions. of this chapter, but no salary or%allowances,shall be payable during, or in respect of, .such'leave.9. Leave allowances.-(1) The monthly rate of leave allowances payableto a Judgs while on leave on full allowances shall be for the firstmonth .of such leave a rate equal to the monthly rate of his salary, andthereafter two thousand t~wo hundred and twenty rupees.(2) The monthly rate of leave allowances payable to a Judge while onleave on half allowances shall be one thousand one hundred and tearupees.10. Allowancw for joining time.-There shall be payable to a Judge.in respect of joining time on his return from leave out of India an allowanceat the rate of one thousand one hundred and ten rupees a monthin lieu of salary.11. Oombining leave with vawtioll.-A Judge may be permitted toaombine vacation on full salary with leave, if,-(a) where the vacation consists of one continuous perioa, theleave is talcen either at t.he commenoement or at the end of thevacation buk not at both;(b) where the vacation is divided into two separate periods, theleave is taken for the interval, 01. part of the interval, between thetwo periods of that vacation, or for the interval, or part of the interval,between the second period of that vaoation and the commencementof the next ensuing vacation :Provided. that no such permission to combine vacation with leave shallbe granted if it becomes necessary to appoint an acting Chief Justiceduring the period of vacation or if the Judge is not expected to returnto duty at the end of such leave,12. Uonsrequences of overstaying leave m vacation.-If a Judge over-.staysm his leave or any vacation, whether combined with leave or not,he shall receive no salary for the period of his absence in excess of leavegranted to him or beyond the end of the vacation, as the case may be:Provided that' if such absence is due to circumstances l~eyond hismntrol, the period\thereof may be treated as leave and may be debitedto his leave account.13. Authoriby competent to grant leave, eta.-The authority compe-$at €0 grant or refuse leave to a Judge or revoke or curtail leave grantedto a Judge shall be the Governor of the State in which the principal!beat of the High Court is situate, after consultat.ion with the Chief Justice.of that IIigh Court.CI-IAPTER 11:PENSIQXB14. Pension payable to Judges.-Subject to the provisions of this Act,,every Judge shall, on his retirement, be paid a pension in accordance nit11$he scalz and provisions in Part I of the First Schedule:Prgvtded that no such pension shall be payable to s Judge unless-(a) he has coinpleted not less than twelvs, years of service forpension; or,

I90 High Court Judges (Conditions of Service) [ACT 2&:1 (bj he has attained the age of sixty years; orlo) his retirement is medically certified to be necessitated by illhealth.II3xpLa~zation.-In this sedtiou 'Judge' meails a Judge who is not a-member of the Indian Civil Service or has not held any other pensionablecivil post under the Union or a State and includes a Judge who being a.member of the Indian Civil Service or having held any other .pensionablecivil post under the Union or a State has elected to receive the pension ,payable under Part I of the First Schedule.15. Special provbion for pension in respect of Judges who are member^.ot service.-Every Judge- II(a) who is a member of the Indian Civil Service shall, on hie- ?retirement, be paid a pension in accordance with the scale and pro- !visions in Part I1 of the First Schedule;I(b) who is not a member of the Indian Civil Service but has heldiany othar pensionable civil post under the Union or a State, shall,on his retirement, be paid a pension in accordance with the scale andprovisions in Part I11 of the First Schedule:Provided that every such Judge shall elect to receive the pension,, payable to him either under Part I of the First Schedule or, as the casemay be, Part I1 or Part I11 of the First Schedule, and the pension payableto him shall be calculated acccrdingly.-16. Power of President to add to the service for pension.-ThePresident of India may for special reasons direct that any period not;exceeding three months shall be added to the service for pension of a,Judge :Provided that the period so added shall be disregarded in calculatingany additional pension lmder Part I or Part 11 or Part >I11 of the FirstSchedule.I 17. Extraordinary pensions.-The rules for the time being in force witlitrespect to the grant of extraordinary pensions and gratuities in relatjion.to an officer of the Central Civil Services, Class I who has entered service,on or after the 1st April, 1937 -and who may suffer injury or die as aresult of violenpe, shall apply in relation to a Judge, subject;, however,to the modification that references in those rules to tabIes of injury,gratuities and pensions, and of family gratuities and pensions, shall beas references to the tables in the Second Schedule.18. Conversion of sterling pension into rupees.-Pensions expressed'in sterling only shall, if haid in India, be converted into rupees at suchrate of exchange as the Central Government, may, from time to time, specifyin this behalf:T)rovided that nothing in this section shall affect any specific privilegein respect of the conversion of sterling pensions which was conferred bysqy rules previously in force in respect of persons who, on the 1st Februwy,1921, were members of the Indian Civil Service.19. Oommutation of pensions.-The Civil Pensions (Commutafion)Rules for %he 'time being in force shall, with necessai7y a modifications,npply to Judges.

19541 likh Court Judges (Conditzons of Service). 9r;201 Provident Fund.-Eve~y Judge shall be entitled to subscri'be to the-Generals Providant Fund (Central Services) :. I .Prov$ed.that a Judge who is a member of the Indian Civil service or.has held any other pensionable civil post under the-Union or a, State shall,continue to subscri1)e to the Provident Fund to which' he was subscribing.before his appointnlent as a Judge:IProvided further that a Judge who was appointed before the commencementof this Act may continue to subscribe to the Provident Fund1to which he was subscribing immediately before such commencement.21. Authority competent to grant pension.-Save as may be otherwiseexpresslyp~ovided in the relevant rules relating to the grant of extraordinarypensions 'and gr%tuities, the authority competent to grant, pension,to a Judge under the prodisions of this ~ cshall t b~ Ohe Presidents of India.,LC.. s.: . ... ~' "CHAPTER IVMISOELLANEOUS22. Travelling. allowances to a Judge.-Every Judge shall receive suchireasonable -allo~waricos ,to reimburse him for expenses incurred 'in travelling,on duty with the territory of India and shall. be afforded such reasonablefaoilitiesin : con!lection with travelling as may, ,from time to tsiine, be-. ,prescribed. ..... , .:.. . .. ... >23. Facilities for medical treatment and other conditions of service.--(I)Every Judge and the members of his family shall be entitled to such,facilities for medical treatment and for accommodation in hospitals as inny,from time to time, be prescribed.(2) The conditions of service of a Judge for which no express provision*has been made in this Act shall be such as may be 'determined by rulesmade under this Act.I(3) This section shall be deemed to have come into force on the 26th,January, 1950 and any rule made under this section may be made so as to.be retrospedive to any date not earlier than the commencement of thissection.1 ' 24. Polwer to make rules.-(1) The Central Government may, by notificationin the Official Gaaette, make rules to carry ou6 t;he purposesof this Act.(2) In parti~ul~ar, and withoul prejudice to the generality of the foregoingpower, such rules may provide for all or any of the followine .matters,.'namely :-(a) leave of absence of a Juclge;(b) pension payable to a Judgc;(c) trzvelling allowances to a Judge;(d) facilities for medical treatment amcl other conditions of ser-;.vice of a Judge;. (e) any other matter which has to be, or may be, prescribed.(3) A11 rules made under the provisions of. this- Act shall, be laid, asso011 8s mag be, before each HOIISP of Parliamenb.\

'92 High Court Judges (Conditions of S'rvice) [ACT 2825. Savings.-Nothing contained in this A& shall have effect so as togive to s Judge who is serving as such at the commencement of t~his Actless favourable terms in respect of his allowances or his rights in respect.of leave of absence (including leave allowances) or pension than those to-which he would be entitled if this Act had not been passed.-.a TH.E FIBST SCHEUULE(See sections 14 and 15)PE~S~ONS OF JUDGESPARP I1. The provisions of this Part apply to a Judge who is not a member.of the Indian Civil Service or has not held any other pensionable civil postbndez. the Union or a State and also apply to a Judge who, being a member.df the Indian Civil Service or having held1 any other pensionable civil postunder $he Union or a State, has elected 40 receive the pension payableunder this Part.2. Subject to the other provisions of this Part, the pension payable .ba Judge to whom this Part applies and who has completed not bss thanseven years of service for pension shall be the basic pension spec;iBedin paragraph 3 increased by the additional pension, if any, to whlch heis entitled under parabraph 5.3. The basic pension to which such a Judge shall be entitled shall%e- -(a) for the first seven completed years of service for pension,Rs. 5,000 per annurn; and(b) for each subsequent completed year of service for pension, afurther sum of RE. 1,W per annum:Provided that the basic pension shall in no case exceed Rs. 10,000 perannum.4. For the purpose of oalculating additiond.pensions, service as a Judge.shall. be cbass3ed as follows: -Grade I. Service as Chief Justice in any High Court;Grade 11. Service as any other Judge in asy High Court.- 5. For each completed year of service for pension in either of thegrades mentioned in paragraph 4, the Judge who is eligible for a basicpellsion under this Part shall be entitled to the additional pension specifiedin relation to that grade in the second column of the table annexed*hereto:provided fnat the aggregate amount of his basic and additional.pensionshall not exceed the amount specified in the third column of the said.+,&la in relation to the higher grade in which be has rendered service forcaot less than one completed year.TABLEService Additional pension Ma~imum aggregate penperanli,aloeion ~ ea tinllm rIt%RE.nrada T 74020,000-,Grade II 190 16,oo~

OF I9541 High Cozirt Judges (Conditions of Service) 936. A Judge who has rendered service for pension in both the gradesmay claim that any period of service of less than a completed year renderedby him in the higher grade, or any portion of any such period, shallbe treated for the purposes of paragraph 5 as servicevendered by him inthe lower grade.7. For the purposes of this Part, service as an acting Chief Justice ofa High Court or as an ad hoc Judge of the Supreme Court, shall be treatedas though it were service rendered as chief Justice of a High Court.8. Notwithstanding anything contained in the foregoing provisions ofthis Parb, the pension payable to a Judge who has complet,ed twelveyearsof service for pension, including not less than six years of service asChief Justice of one or more of the High Courts, shall be Rs. 20,000 perannum.9. Where a Judge to whom this Part applies retires or has retired at.any time after the 26th January, 1950 without being eligible for a pension.under any other provision of this Part., then, notwithstanding anythingcontained in the foregoing provisions, a pension of Rs. 6,000 per annumshall be payable to such a Judge.PART 131. Tho provisions of this Part apply to a Judge who is a member of theInciian Civil Service and who has not elected to receive the pensimpayable under Part -I.2. The pension pal-able to such a Judge shall be-(a) the pension to which he is entitled under the ordinary rulesof the Indian Civil Service if he had not been appointed a Judge, hisservice as a Judge being treated as service therein for the purpose ofcalculating that pension; and .(b) the additional pension, if any, to which he is entitled underparagraph 3.3. If such a Judge has conlpleted not less than seven years of servicefor pension in a High Court, he shall be entitled to an additional pension -in :cccordance with the following scale. --Per annum,£POI: seven completed years uf service for pension... I&?dor eight completed years of service fcr pensio~l .., 120For nine completed years of service for rensiorl... 14ctFor ten completed years of service for pension .. . 160For eleven completed years of servjce for pension ... 180For twelve or more completed years of service for pansion . . . 200PART I111. The provisions of this Part apply to a Judge who has held any civil.~ensionnble post. under the Union or a State (but is not a ~lielnber of theTnclia.1 Civil Service) and j37ho has not elected to receive t%he pension payableunder Part 1.2. The pension payable to such a Judge shall be-+(a) the pe~lsion tn which he is entitled under the ordinary rules3f his service if he had not bcen appointed a Judge, his service as aJudge bei~g treated as service Lhereill for the purpose of calculatine,- that pension; and-

High Court Judges (Conditions of Service)(6) a special additional pension of Rs. 500 per ,annun in respect.of each completed year of service for pension but in no case suchadditional pension together with the additiodal or special pension,if any, to which he is entitled undw the ordinary rules of hisservice, shall exceed Rs. 2,600 per annum." THE SECOND SCHEDULE(See section 17)INJURY GRATUITIES AND PENSIONS1 L'Ifficer,.--GratuityAnnual Pension"--.-.I./Higher Sosle1ILower soale.~ .,3. 'Chief Justice-2. Any other Judge1 ,Rs..20,000Re.RE.5.40 0 4,700-OfficerI-A. WidowGratuityRs.1. Chief Justioe 15,0002. Any other JudgoI-Annus1 Pension--Rs.5;OOO '-B. Children--a -.-- .-4. Chief JusticeOfficer . ..2, Arly other Judge- 1-Annual Pension~f &ohherless I If not'motherleas- ns. RE.

THE MUSI,TMS-ACT, 1'9%No. 29 OF 1954CHAPTER IQ1. Short title, extent and commencement.2. Application of the Act.3. Definitions.4. ~reliminari survey of wakfs.5. Publication o'f list of wakfs.1. 6. Disputes regarding wakfs.7. Recovery of costs of survey. !.8. Chapter I1 not to apply to cerfaifi States.IIIi9. Incorporation.10. Composition of the Board.11. Appointment of members. '12. Term of office.33. Di.squa1ifications for being appointe.d, or for continuing as, a3 ..,member of the .Board..14. Meetings of the Board.15. Functions of the Board.!I :16. Committees of, the Board. :$!j.17. Resignation of Chairman an@ members. - ,1 8 Removal of Chairman and mtmbers.-19; Filling of a vacancy..20. Vacancies am,ongst membersior defect in the constitution notto invalidate acts or procegdings of the Board.,, : 1-21. Secretary and other officers! of the Board.322. Delegation. ia B.I

96 Muslim ~akis [ACT 29' ;rSECTIONS.23. Inspection of record24. Prevention of disqualificati p of Parliament,REGISTRATION WAKFS25. Registration.26. Register of wakfs.I327. Decision if a property is wakf28. Power to cause registration o f and to a-mend register.29. Notification of change in regisF30. Savings.*tMUTAWALLIS AND WA F Accoux~s&31. Budget.32. Submission of accounts of wakfs. 33. Audit of accounts of wakfs.34. Board to pass orders on auditor" report.35. Sums certified due recoverable f arrears of land revenue.36. Duties of mutawallis.B37. Mutawalli entitled to pay certain 1 costs from income of wakf'property.t38. Power of the Board to pay dues case of default by muta-zwalli.- 39. Creation of reserve fund.40. Extension of time.41. Penalties.42. Power to appoint mutawallis in c+43. Removal of mutawallis.44. Application for inquiry.45. Inquiry by the Bo'ard.CHAPTER ~4IFINANCE OF THE B~ARD '/46. Annual ,contributions payable to t, 47. Power of the Board to borrow.48. Wakf Fund.49. Budget of the Board.50. Accounts of the Board.51. Audit of accounts of the Board.52. State Gmernment to pass order, 53. Sums certified due recover_able a54. No financial liability of Govern 1' 1 ,- - -\

~uslik Wakf sCHAPTER VIII55. Institution of suits under section 14 of the Religious EndowmentsAct. 1863 and section 92 of the Code of Civil Procedurec'; 1908.56. Notice of suits by parties against the Board.57. Notice, of suits. etc., by courts.1 I 58. Proceedings under the Land Acquisition Act, 1894.59. Board to be made a party to a suit or proceeding regarding awakf on its application.60. Bar to compromise of suits by or against mutawallis.561. Power'to make application to the court in case of failure ofmutawalli to discharge his duties.-b tlCHAPTER VIIlMISCELLANEOUS02. Directions by the Central Government.433. Directions by the State ~overnment.'64. Power to supersede the Bo$rd.65. Protection of action takenr5n good faith.66. The Commissioner, auditor, etc.. to be deemed ,to be publicservants.07. Power to make rules.-68. Power to make regulations.169. Repeal and savings.! i.yiTHE MUSLIM ~AICFS ACT; 1~*No. 24 OF z974i[21st May, 1954.1tAn' Act to provide for t administration and supervi-BE it enacted by Par

98 [ACT 29I Official Gazette, appoint inidates may be appointed foi Provided that in respect of any of Bihar; Delhi, Uttarshall be issued exceptent concerned.fore or after the commencement of thisProvided that nothing. Saheb, Ajmer, to which tof 1936) and the DufigaAct, 19qO (XVII of 19503. Definitions.-In this(b) "benefit" dois entitled to claim(d) "Commissioed under section 4missioner of wakfs;or under any deeded or by a compeand includes annishin, amin or oI.. the Board under this Act;iII .i LI

01' 19541 99(j) "Shia wakf" mea(k) ''Sunni wakf" m(I) "wakf" means the ent dedication 'by a personprofessing Islam of any mo immovable property for anypurpose recognised by thepious, religious orcharitable and includes-(i) a wakf by user;o which the propertyby Muslim law as(m) "wakf deed" meansa wakf has been created andor instrument by which any ohave been varied.instrument by whichvalid subsequent deedthe original dedication,appoint for the State a Comonalor assistant commissionerspurpose of making a survey of(2) All additional and assistan oners of wakfs shall performtheir functions under thisthe general supervisionand control of the Commissionerand Sunni wakk separately;CLCLL

10.3 [ACT 29(c) requisitioning any court or office; '(d) issuing commion of any witnessor accounts;5. Publiesation of lis: sub-section (3) of sectcopy of the same to the Board.6. Disputes regardia particular propertyShia wakf or Sunniquestion and the decitershall be final:(2) Notwithstanproceeding under treason only of thother proceeding\

If 9541-this Act, been made under any la9. Incorporation.- (1)Government may, by nIn this behalf, there shB J C ~ name as may beproperty and to transftions and restrictionsname sue and be sued.10. Composition of11. Appointment of members.-The the Board shallbe appointed by the State Government,on in the OfficialGazette, from any one or more of theategories of persons,namely :-(a) members of the state Legliament representing the State;(b) persons having special krepresenting associations such a(whether such persons are Hana. Shia Conference;(c) persons having speciafinance or law;(d) mutawallis of wakfs s~rovlded that in no case moreappointed to the Board:Provided further that in determi~bers or Shia members in the Board,regard to the number and valueto be administered by the Board.iLture and members of Paredgeof Muslim law and-Hadis or Shefai) or Stateledge of administration,hin the State:one rnutawalli shall be, number of Sunni merrr-Government shall hav~!waMs and Shia wakfgL %C

[ACT 2912. Term of office.-The Board shall hold officefor five years:Provided that a membanding the expiration '_ of his term of offmce, continue to hold until the appointment ofhis successor is notified in the Official(a) if he is not a(b) if he is foun(c) if he is an(d) if he has beturpitude;(e) if 'he has, othe office of a memtent court from aor corruption.14. Meetings of th(2) The Chairmamembers from amoBoard.of votes of the mthe Chairman ohave a e m d o< .-C(b) to ensure that theapplied to the objects'andwere created or intended;*IC-

1954.1 1 03istration of wakfs;giving the parties affected an4stances, it appears tobe exercised by suchother Muslims beingthat its power should notthe provisions GFthis Act;Provided that no such(k) to administer theL.L

I- II 104Muslim Wakfs [ACT 29! (3) Where the Board has settled any schem,e of managementunder clause (d) of sub-section (2) or given any direction underclause (e) of sub-section (2), any person interested .in the wakf oriIaffected by such set~lement or direction may institute a suit ~n aoivil court of competent jurisdiction for setting aside such settlementor directions and the decision of the civil court thereon shall befinal.16. Committees of the Board.-(1) The Board may, whenever it, considers necessary, establish either generally or for a particular,purpose or for any specified area or areas committees for the supervisionof wakfs.(2) The constitution, functions and duties of such committeesshall be determined from time to time by the Board:Provided that it Shall not be necessary for the members of such.committees to be rr~embers of the Board.17. Resignation of Chairman and members.-The Chairman or-anyother member may resign his office by writing under his hand addressedto the State Government:Provided that the Chairman or the members shall continue in officeuntil the appointment of his successor is notified in the OfficialGazette.18. Removal of Chairman and members.-(1) The State Governmentmay, by notification in the Official Gazette, remove the Chairmanof the Board or any member thereof if he- 1(a) is or becomes subject to any disqualifications specified'in section 13; or(b) refuses to act or is incapable of acting or acts in a mannerwhich the State Government, after hearing any explanationthat he may offer, considers to be prejudicial to the interests ofthe wakfs; or(c) fails, without excuse sufficient in the opinion of theBoard, to attend three consecutive meetings of the Board.(2) Where the Chairman of the Board is removed under subse&on(I), he shall also cease to be a member of the Board.19. Filling of a vacancy.-When the seat of a member becomesva-t lny lais removal, resignation, death or otherwise, a newmher skall be appointed in his place and such member shall holdofhe so long as the member whose place he fills would have beenentitled to hold office, if such vacancy had not occurred.2% Vsezbllig~ks amongst members c+r defect in the constitution notto iesvaMaPe acts or proceedipgs of the Board.-No act or proceeding@f &he Board shall be invalid by reason only of the existence of anyvacancy amongst its members or any defect in the constitutionthereof.21. Secretary and other officers of the Board.-(I) There shall bea Secretary to the Board who shall be a Muslim and shall be appointied by Dhe State Government, in consultation with the Board.. (2) The Secretary shall be the Chief Executive Officer of the Boardand shall k c under its administrative control.C

' 0 F 19541~Mu.,lim Wakfs 105:(3) The Board may appoint such other officers ~nd servants as itmay consider necessary for the efficient performance of its functions~nder this Act.22. belegation.-b he Board may, by a general or special orderIn writing, delegate to the Chairman or any other member or to theSecretary or any other officer or sefvant of the Board, subject tosuchconditions and limitations (if any) as may be specified in theorder, such of its powers and duties under this Act as it may deemnecessary.23. Inspection of records and issue of copies.-(I) The Board mayallow inspection of its proceedings or other records in its custodyand issue copies of the same on payment of such fees' and subject tasuch conditions as may be prescribed.(2) All c:,pies issued under this section shall be certified, by theSecretary of the Board in the manner provided in section 76 of theIndian Evidence Act, 1872 (I of 1872).24. Prevention of disqualification for membership of Parliament.-It is hereby declared that the offices of Chairman and members ofa Board shall not disqualify, and shall-be deemed never to have dis-'qualified, the holders thereof for being chosen as, or for being, membersof Parliament.ICHAPTER IV ,I25. Registratio,n.- (I) Every wakf .whether created before or afterthe commencement of this Act: shall be registered at the office of theBoard.(2) Application for registration shall be made by the 'mutawalli:Provided that such applications may be m'ade by the wakif or his.descendants or a beneficiary of the wakf or any Muslim belongingto the sect to :which the wakf belongs.(3) 4n appl'ication for registration shall be made in such formand manner and at such place as the Board-may prescribe and shallcontain the following particulars, so far as possible-(a) a description of the wakf properties sufficient for theidentification thereof;(b) the gross annual income from such properties;(c) the amount of land revenue and cesses, and of all'rates 'and taxes annually payable in respect of the wakf properties;(d) an estimate of the expenses annually incurred in therealisation of the income of the wakf properties;.(e) the amount set apart under the \wakf for-C* b- ,(i) the salary of the mutawalliindividuals;and allowances to(ii) purely religious purposes;(iii) charitable purposes; and-':~-b 2nv other ~uraosa.sl:C , .I

-ro6 Muslim Wakj's ' [ACT 29(f) any other particulars prescribed by the Board.(4) Every such application shall be accompanied by a copy of thewakf deed or if no such deed has been executed or a copy thereof.cannot be obtained, shall contain full particulars, as far as they are.known to the applicant, of the origin, nature and objects of the wakf.(5) Every application made under sab-section (2) shall be signed3nd verified by the applicant in the manner provided in the Code af.Civil Procedure, 1908 (Act V of 1908) for the signing and verification-or pleadings.r(6) The Board may require the applicant to supply any furtherparticulars or information that it may consider necessary.(7) On receipt of an application for registration, the Board may,before the registration of the wakf, make such inquiries as it thinksfit in respect of the genuineness and validity of the application andthe correctness of any particulars therein and when the application ismade by any person other than the person administering the wakfproperty, the Board shall, before registering the wakf, give notice ofthe application to the person administering the wakf property andshall hear him if he desires to be heard.(8) In the case of wakfs created before the commencement of thisAct, every application for registration shall be made, within threemfno~ths from such commencement and in the case of wakfs createdafter such commencement, within three months from the date of thecreation of the wakf.26. Register of wakfs.-The Board shall maintain a register ofwakfs which shall contain in respect of each wakf copies of the wakfdeeds, when available and the following particulars, namely:-(a) the class of the wakf;(b) the ,name of the mutawalli;(c) the rule of succession to the office of mutawalli under,the wakf deed or by custom or by usage;(d) particulars of all wakf properties and all title deeds anddocuments relating thereto; ,(e) particulars of the scheme of administration and thescheme of expenditure at the time of registration;(f) such other particulars as may be prescribed.27. Decision if a property is wakf property.-(1) The Board mayitself collect informatjon regarding any property which it has reason30 believe to be wakf property and if any question arises whether aparticular property is wakf property or not or whether a wakf is aSunni wakf or a Shia wakf, it may, after making such inquiry as itmay deem fit, decide the question.(2) The decision of the Board on any question under sub-section'(1) shall, unless revoked or modified by a civil court of competer~tjurisdiction, be final.L28. Power to cause registration of wakf and to amend register.-The Board ,may direct a mutawalli to apply for the registration of a- wakf, or to supply any information regarding a wakfLor may itself

QF I 9541 Musiinz Wak fr 1078cause the wakf to be registered or may at any time amend the registerof wakfs.29. Notification of change in registered wakfs.-(I) In the caseof any change in the management of a registered wakf due to thedeath or retirement or removal of the mutawalli, the incomingmutawalli shall forthwith, and any other person may, notify thechange to the Board.(2) In the case of any other change in any of the particularsmentioned in section 25, the mutawalli shall, within three months'from the occurrence of the change, notify such change to the Board.30. Savings.-Notwithstanding anything contained in this Chapter,where any wakf has been registered before the commencement of,this Act under any law for the time being in force, it shall not benecessary to register the wakf under the provisions of this Act- andany such registration made before such commencement shall bedeemed to be a registration made under this Act.-CHAPTER VMUTAWALLIS AND WAKF ACCOUNTS31. Budget.-Every mutawalli of a wakf shall in every yearprepare; in such form and at such time as may be prescribed, a budgetfor the next financial year showing the estimated receipts and expen-, diture during that financial year and submit it to the ,Board forapproval.32. Submission of accounts of wakfs.-Before the 1st day of Maynext following the date on which the application referred to in section25 has been made and thereafter before the 1st day of May in everyyear, every mutawalli of a wakf shall prepare and furnish to theBoard a full and true statement of accounts, in such form and contain- ,1ng such particulars as may be prescribed by the Board, of all moneysreceived or expended by the mutawalli on behalf of the wakf duringthe period of twelve months ending on the 31st day of March or, as -the case may be, during that portion of the said period during whichthe provisions of this Act have been applicable to the wakf:Provided that the date on which the annual accounts are to be,closed may be varied at the discretion of the Board.33. Audit of accounts of wakfs.--(I) The accounts of wakfs submittedto the Board under section 32 shall be audited and examinedannually or at suvh other intervals as the Board may determine by an Iauditor appointed by the Board.(2) The auditor shall submit his report to the Board and the reportof the auditor shall, among other things, specify all cases of irregular.illegal or improper expenditure or of failure to recover money onother property caused by neglect or misconduct and any other matte).which the auditor considers it necessary to report; and the reportshall also contain the name of any person who, in the opinion of theauditor, is responsible for such expenditure or failure and the auditorshall in every such case certify the amount of such expenditure orloss as due from such person.(3) The costs of the audit of the accounts of a wald shall be paidfrom the Wakf Fund. ,_ /iiL'

34. B6akd to orders on audito>s report.-The Board shallexamine the auditor's report, and may call for the explanation of anyperson in regard to any matter mentioned therein, and shall pass suchorders on the report as it thinks fit.35. Sums certified due recoverable as arrears of land revenue.-(1) Every sum certified to be due from any perspn by an auditor inhis report under section 33 unless such certificate is modified orcancejled by an order of the Board made under section 34, and evervsum due on a modified certificate shall be paid by such person withinsixty days after the service of a demand for the same issued by theBoard.(2) If such payment is not made in accordance with the provisionsof sub-section (I), the sum payable may, on a certificate issued bythe Board after ,giving the person concerned an opportunity of beingneard, be rec~vered in the same manner as an arrear of land revenue.36. Duties of mutawallis.-It shall be the duty of every mutawalli-(a) to carry out the directions of the Board;(b) to furnish such returns 'and supply such information orparticulars as may from time to time be required by the Board;ic) to allow inspection of wakf properties, accounts orrecords or deeds and documents relating thereto;(d) to-discharge all public dues; and - .I(e) to do any other act which he is lawfully required todo by or under this Act.37. Mutawalli entitled to pay certain costs from income of wakfproperty.-Notwithstanding anything contained in the wakf deed,cve+y mutawalli may pay from the income of the wakf property anyexpenses properly incurred by him for the purpose of enabling himto furnish any particulars, documents or copies under section 25 orany accounts under section 32 or any information or documentsrequired by the Board or for the purpose of enabling him to carryout the directions of the Board.38. Power 0% the Board to pay dues in case of default by mutawalli.-(I) Where a mutawalli refuses to pav or fails to pay any revenue,cess, rates or taxes due to the Governwant or any local authority, theBoard may discharge the dues from the Wakf Fund and may recoverthe amount so paid from the wakf property and may also recoverdamages not exceeding twelve and a half per cent. of the amount sonaid. ,(2) Anv sum of money due under sub-section (1) may, on a certificateissued by the Board after giving the mutawalli concerned an 'opportunity of being heard, be recovered' in the same manner as anarrear of iand revenue."39. Creation of reserve fund.-For the purpose of making provisionfor the payment of rent and of revenue, cess, rates and taxes dueto the Government or any local authority, for the discharge of the~xpens'es of the repair of the wakf property and for the preservalionof the wakf property, the Board may direct the creation and mainte-'.r?ance, in sxch manner as it may think fit, of a reserve fund from, the income of a wakf. ,

iIIcI-Muslim Wakfs40. Fxtension of time.-The Board may, if it is satisfied that it isnecessary so to do, extend the time within which any . act is requiredto be done by the mutawalli under this Act.41. Penalties.-(1) If a mutawalli fails-.(a) to apply for the registration of a wakf;(b) to furnish statements of particulars or accounts orreturns as required by this Act;(c) to supply information or particulars as required by theBoard;(d) to allow inspection of wakf properties, accounts or recordsor deeds and documents relating thereto;(e) to deliver possession of any wakf property, if ordered bythe Board or the court;(f) to carry out the girections of the Board;(g) to pay the contributions payable und-er section 46;(h) to discharge any public dues; or(i) to do any other act which he is lawfully required to doby or under this Act,he shall, unless he satisfies the court that there was reasonable causefor his failure, be punishable with fine which may extend to onethousand rupees.(2) No court shall take cognizance of an offence punishable underthis Act save upon complaint made by the Board or an officer dulyauthorised by the Board in this behalf.63) No court inferior to that of a presidency magistrate or amagistrate of the first class shall try any offence punishable underthis Act.42. Power to appoint mutawallis in certqin cases.-When thereis a vacancy in the office of the mutawalli of a wakf and there is noone to be appointed under the terms of the deed of the wakf, or wherethe right of any person to act as mutawalli is disputed, the Board mayappoint any person to act as mutawalli for such period and on such 'conditions as it may think fit.43. Removal of mutawallis.-(1) Notwithstanding anything containedin any other law or the deed of wakf, the Board may remove amutawalli from his office if such mutawalli-(a) has been convicted more than once of an offence punish-.

1 (3) For the removal of doubts it is hereby declared that the-emoval of a person from the office of the mutawalli shall not afiectI his, personal rights, if any, in respect of the wakf property either asa beneficiary or in any other capacity or his rights, if any, as asaj jadanishin. -\ .-(4) No action shall be taken by the- Board under sub-section '(1)or sub-section (Z), unless it has held an inquiry into the matter intile prescribed manner and the decision has been taken by a majority. .of not less than three-fourths of the members. of the Board.(5) Where a qutawalli has beend removed from his oEce undersub-section (I) or sub-section (Z), the Board may, by order, directthe mutawalli to deliver possession of the wakf property to the Boardor any officer thereof duly authorised in this behalf or to any personor committee appointed to act as the mutawalli of the wakf property;and the order of the Board shall be deemed to be a decree of a civilcourt and shall be executed by the civil court as if it had passed theuecree.44. Application for inquiry.-Any,person interested in a wakf maymake an application to the Board supported by an affidavit to institutean inquiry relating to the administration of the wakf and if the Boardis satisfied that there are reasonable grounds for believing that theaffairs of the wakf are being mismanaged, it shall take such actionthereon'as it thinks fit.\-45. Inquiry by the Board.-(1) The Board may, either on an appli- ,cation received under section 44 or on its own motion, institute aninquiry into any matter relating to a wakf and shall hold the inquiryin such manner as may be prescribed or authorise any person in this,*behalf to hold the inquiry.(2) For the purposes of inquiry under this Act, the Board orany person authorised by it in this behalf shall have the same powers.; as are vested in a civil court under the Code of Civil Procedure, 1908(Act V of 1908) for enforcing the attendance of witnesses and production of documents.CHAPTER VI46. Annual contributions payable to the Bonrd.-(1) The mutawallfof every wakf shall pay annually to the Board such contribution notnxceeding five per cent. of the net annual income of such of its propertyas is situate in the State as the Board may, subject to thesanction of the State Government, from time td time, determine:Provided that no such contr?bution shall be payable by the muta~walli of a*wakf of which the net annual income does not exceed one,hu-ndred rupees.(2) The Board may in the case ctE any particular wakf reduce orremit such contribution for such time as it thinks fit.(3) The mutawalli of a wakf may realise the contributions p$ableby him under sub-section (1) from the various persons entitled toreccive any pecuniary or other material 'benefits from the wakf, butt.he sum realisable from any one of such persons shall not exceedCL1c

such amount ,as shall bear to the total contribution payable the sameproportion as the value 'of the benefits receivable by such person.bears to the entire net annual income of the wakf:provided that if there is any income cff the wakf available inexcess of the amount payable as dues under this Act, other than asthe contribution under sub-section (I), and in excess of the amountpayable under the wakf deed, the contribution shall be paid out ofsuchincome.(4) The contribution payable under sub-section (1) in respect ofa'wakf shall, subject to the prior payment of any dues to theGovernment or any local authority or of any other statutory firstcharge on the wakf property or the jnc~ne thereof, be a first chargeon the income of the wakf and shall be recoverable, on a certificateissues by the Board afteragiving the mutawalli concerned an opportunity,of -being heard, as an arrear of land revenue.(5) If a mutawalli realises the income of the wakf and refuses topay or does not pay such contribution, he shall also be personallyliable for such contribution which may be realised from his person*or pr~perty in the manner aforesaid.45'. Power of the Board to borrow.-For the purpose of givingeffect to the provisions of this Act, the Board may, with the previoussanction of the State Government, borrow such sum of money andon such terms and conditions as the State Government may determineand the Board shall repay the money borrowed, together withany interest or costs due in respect thereof, according to the termsand conditions of the loan.48. Wakf Fund.--(l) All moneys received by the Board undersection 46 and all other moneys realised by the Board under this-Act shall form a fund to be called the Wakf Fund. .(2) Subject to any rules that may be made by the State Governmentin this behalf, the Wakf Fund shall be under the control of theBoard. \(3) The Wakf Fund shall be applied to-(a) repayment of any lGan incurred under section 47 and.payment of interest thereon;(b) payment of the cost of audit of the Wakf Fund and theaccounts of wakfs;(c) payment of the salary qnd allowances of the Secretaryand staff of the Board;\(cl) payment of travelling allowances to the Chairman,members, Secretary and staff of the Board;(e) payment of all expenses incurred by the Board in theperformance of the duties imposed, arid the exercise of thepowers conferred, by or under this Act.(4) If any balance remains after meeting the expenditure referredto in su%-section (3), the Roard may use any pdrtfon of such balancefor the preservation and protection of wakf properties or for such -other purposes as it may deem fit.iiC

T 12 Mud m IVa kf.~ [ACT 29II 49. Budget of the Board.-The Board shall in every year prepare.Jin such form and at such time as mag be prescribed, a budget forthe next financial year showing the estimated receipts and expenditureduring that financial year and forward a copy of the same tothe State Government.50. Accounts of the Board.-The Board shall cause to be maintainedsuch bdoks of account and other books in relation to itsaccounts in such form and in such manner as may be prescribed.L ,51. Audit of accounts of the Board.-(I) The accounts of theBoard shall be audited and examined annually by such auditor asmay be appointed by the State Government.(2) The auditor shall submit his report to the State Government.and the report of the auditor shall, among other things, specify allcases of irregular, illegal or improper expenditure or of failure torecover money or other property caused by neglect or miscmduct-and any otl~er matter which the auditor considers it necessary toreport; and the report shall also contain the name of any person who.in the opinion @f the auditor, is responsible for such expenditure orfailure and the auditor shall in every such case certify the amcuntof such expenditure or loss as due from such person.(3) The cost of the audit shall be paid from the Wakf Fund.52. State Government to pass orders an auditor's report.-TheState Government shall examine the auditor's report and may callfor the explanation of any person in regard to any matter mentionedtherein,,and shall pass such orders on the report as it thinks fit.53. Sums certified due recoverable as arrears of land revenue.-(1) Every sum certified to be due from any person by an auditnrin his report under section 51 unless such certificate is modified or .cancelled by an order of the State Government made under section 52,and every sum due on a modified certificate shall be paid by suchperson within sixty days after the service of a demand for the sameissued by the State Government.(2) If such payment is not made in accordance with the provisionsof sub-section (I), the sum payable may, on a certificate issued bythe Board after giving the person concerned an opportunity of being:~eard, be recovered in the same manner as an arrear of land revenue.54. No financial liability of Government.-The State Governmentshall not be liable for any expenditure incurred in connectichl withthe administration of this Act.CHAPTER VIIJUDICIAL PROCEEDI.NGS55. Institution of suits under section 14 of the Religious EndowmentsAct, 1863 and section 92 of the Code of Civil Procedure, 1908.-(1) A suit to obtain any of the reliefs mentioned in section 14 of theReligious Endowments Act, 1863 (XX of 1863) and in section 92 of theCode of Civil Procedure, 1908 (Act V of 1908), relating to any wakfmay, notwithstanding anything to the contrary contained in those ,Acts, be instituted by the Board withoct obtaining the leave or consentreferred to in those Acts.

(2) No suit ,to obtain any df the reliefs referred to in sub-sectipn'(I) relating to a wakf shall be ihstituted by any person or authority.'other than the Board without the consent in writing of the Boafa':Provided that no such consent shall be required for the institutionaf a suit against the Board in respect of any act purporting to bedone by it in pursuance of this Act or of any rules or orders madethereunder.56. Notice of su@s by parties against the Board.-No suit shallbe instituted against the Board in respect of any act purporting tobe done by ittin pursuance of this Act or of any rules made thereunder,until the expiration of two months next after notice in writinghas been delivered to, or left at, the office of the Board, stating the. cause of action, the name, description and place of residence of the,plaintiff and the relief which he claims; and the plaint shall containa statement that such notice has been so delivered or left.. -'- -55'. Notice of suits, etc., by courts.-(4) Inevery suit of proceeding..relating to ,a title to wakf prop'erty or the right of a fhutawall'i, the-~ourt:.h+lissue n+tic. AI;.:-;;wF... . . * . .. , , ... ..eneuer'>ah$ ' *akf;$r6@erty ;ik:.fi@tifig&jr.gale ifi : executibd.. .of a decree of a civil court or for the recovery of any revenu&,~.6eS3,~mtes ..o$:-.ta-xesi+e,:4s:ther ........ z ~.~..> iG~v,~rqng~t~ 05 ap9- i$q$:al -:aythority, notice:~6%11.b.e, give* tp3he $30,ar$;by . th:e., goy;rt,-c;oJle,ctor.....: -,.. or; ofher..-person,......... ., .wder .:whose. rdeg-,the .sale,isl:no$ifi-&.,:

I1,I1 Acquisition Act, 1894 without giving an opportunity td the Board toI4 Muslim Wakf s [ACT 29(4) Any order passed under section 31 or section 32 of the Landbe heard shall be declared void, if the Board, within one month or1 its coming to know of the order, applies in this behalf td the authotrity which made the order.59. Board to be made a party to a suit or proceeding regardinga wakf on its application.-In any suit or proceeding in respect ofa wakf or any wakf property by or against a stranger to the wak$or any other person, the Board may appear and plead as a party,to the suit or proceeding.60. Bar to comproniise of suits by or against mutawallis.-No suit.or proceeding in any court by or against the mutawalli of a wakflrelating to title to wakf property or the rights of the mutawalli shala< be compromised without the sanctidn of the Board.I' 61. Power to make application to the court in case of failure of4 mutawalli to discharge his duties.-(1) Where a mutawalli is under,an obligation td perform any act which is recognised by Muslim law'as pious, religious or charitable and the mutawalli fails to performsuch act, the Board may apply to the court for an order directing themutawalli to pay td the Board or to any person authosised by theBoard in this behalf the amount necessary for the performance o&the act.' (2) Where a mutawalli is under an obligation to discharge any.other duties imposed on him under the wakf and the mutawallkwilfully fails td discharge such duties, the Board ,or any person1, interested in the wakf may make an application to the court and theIcourt may pass such order thereon as it thinks fit.CHAPTER VIIIIMISCELLANEOUS62. Directions by the Central Government.-(1) The Centra$:Governmqnt may call for any report or information from the Governmentof any State with respect to the functioning of the Boardin that State and after considering such report or information, theCentral Government may issue such directions on questions 04, policy to be followed by the Board as it may think fit.(2) In the performance of its functions under this k t, the BoardIshall be guided by the directions issued under subisection (1).63. Directions by the State Government.-Subject to any directionson questions of policy issued under section 62, the State Governmentmay, from time to time, give to the Board suirh general orspecial directions as the State Government thinks fit and in theperformance of its functions, the Board shall comply with any ,suchdirections.64. Power to supersede the Board.-(1) If the State Governmentis of opinion that the Board is unable to perform, or has persistentlymade default in the performance of, the duty imposed on it by or "under this Act or-has exceeded or abused its powers, the State Gov- .ernment may, by notification in the Official Gazette, supersede theBoard for such period as may be specified in the notification:iI .

_-OF I954 Muslim Wakfs 113Provided that before issuing a notification under this sub-section,$he State Government shall give a reasonable time to the Board toshow cause why it should not be superseded and shall consider theexplanations and objections, if any, of the Board.(2) Upon the Publication of a notification under sub-section (1)superseding the Board,-(a) all the members of the Board shall, as from the date 05'supersession, vacate their offices as such members;(b) all the powers and duties which may, by or under theprovisions of this Act, be eyercised or performed by or on behalfof the -Board shall, during the period of supersession, be exercisedand performed by such person or persons as the State - Governmentmay direct; and(c) all property vested in the Board shall, during the periodof supersession, vest in the State Governgent.(3) On the expiration of the period of supersession specified inthe notification issued under sub-section (I), the State Governmentmay-(a) extend the period of supersession for such further periodas it may consider necessary; or(b) reconstitute the Board in the manner\provided in section10 and section 11.65. Protection of adion taken in good faith.-No suit or otherlegal proceeding shall lie against the Board or the Commissioner orany other person duly appointed under this Act in respect of anythingwhich is in good faith done or intended to be done under tNisAct., 66. The Commissioner, auditor etc., to be deemed to be publieservants.-The Commissioner, every auditor, every officer and servantof the Board and every other erson duly appointed to dischargeany duties imposed on him by t R is Act or rules or orders madethereunder shall be deemed to be public servants within the meaningof section 21'of the Indian Penal Code (Act XLV of 1860).67. Power to make rules.-(1) The State Government may, by;notification in the Official Gazette, make rules to carry out thepurposes of this Act.(2) In particular, and without prejudice to the generality of theforegoing power such rules may provide for all or any of the followingm~tters, namely: -(a) the particulars which a list of wakfs published undersub-section (2) ~f section 5 may contain;(b) the conditions and restrictions subject to which the Board, may traflsfer any property;(c) the regulation of the functions of the Board;, , (d) the terms ahd conditions of service of the Secretary of. the Board:'y

\Muslim Wakfs1 (e3_ the manner in which any inqujry may be held under, *this Act;L *--.* -_(f) the powers .v$sted in a civil court bhich may be exercisedby the Board or the Commissioner or any othQ per'sori while. BoIding an- inquiry under this Act;(g) the form m which a register of wakfs may be maintainedand the further particulars which it may contain;(h) the form in which, and the time within which, the. budget of the Board may be prepared and Submitted by the Board'add approved by the State Government; ;(i) the manner in which the accounts /of the Wakf Fund maybe kkpt 'and audited and the contents of he quditor's report;(j) the payment of moneys into thement, custody and disbursement of such(k) the circumstances under which, ations on which, the Board may be(1) the circumstances in-which,which, t$e Board may reduce or-in respect of a wakf;(m), the procedure to be followedsum due under this Act as an arrear of(n) any other matter which has to b68. Power to make regulations.-(1) Tprevious sanction of the State Governmeinconsistknt with this Act or the rulesing out its functions under this Act.toneysfakf Fund, the invest-the terms and condi-e recovery of any(2) In particular, and without prejudice t the generaldity of theforegoing powers, such regulations may provi e for all or any of thefollowing matters, namely: -t1 (a) the time and place of the meeting of the Board and thenumber of members required to form 'a q orum at its meetings;((b) the procedure and conduct af bu ness at the meetingsof the Board;, (c) the constitution and functions of- and the procedure for transaction ofsuch committees;,(d) the allowances or fees to be.members of the Board or- members(e) terms and co-nditions of servicevants of the Board;(f) &e form of application for- particulars to be contained thereinregistration of wakf s;fto the Chairman orthe officers and ser-I

31 , (g) further particulars t6 be contpined in the register ofwakf s;' t(h) the books to be kept at - the bffice of the Board;,(i) the form in which, and tee time within which, thebudgets of wakfs may be prepared &d submitted by the mutawallisand - approved, by the Board; 2 .I 8(j) the manner in which the acchunts of wakfs may be kept. -- and audited and, the contents of th$ auditor's report;8(k) the method of calculating {he income of-. a wakf forthe purpose of levying contribution4 under this Act;-(1) fees payable for inspection of proceedings and recordsof the Board or for issue of copies bf the same;.e(m).persons by whom any ordbr or decision of the Boardmay be authenticated;if- . .;. (n) any other matte; which hasko be, or may be, prescribed.z' . .I . . I- s(3) All regulations made under this kection shall be published inthe ,Official Gazette and the regulations shall have effect from thedate of such publication. -I69. Repeal and savings.-(I) The fol$wing enactments, namely:-$(1) The eng gal Charitable E owments, Public Buildings , 1and Escheats Regulation, 1810 (Be Regulation XIX of 1810); ,(2) Section 5 of the Religious l~ndowrnents Act, 1863 '(XXof 1863); I Y. k(3) The Charitable~ndowmentj Act, 1890 (VI of 1890); .(4) The Charitable and Religi s Trusts Act, 1920 ('~Iv of1920) ;J(5) The Mussalman Wakf Ac 923 (XLII of 1923) ;shill not apply to any wakf to which(2) If, immediately before the co nt of this Act in anyState,dthere is in force in that State which corresponds tothis Act [other than an enactment rred to in sub-section (I)1that corresponding law shall standProvided that such repeal shall-no the previous operation -- of that corresponding law, and siibjec eto, anything done or anyaction taken 19 the exercise of any r conferred by or underthe corresponding law shall be deem have been d,one or takenirr the exercise of the powers confer or under this Act as ifthis Act were in force on xhe day o such thing was doneor action,was taken.. .

,THE SALARIES AND ALLOWANCES OF MEMBERS OF--- - -- ---7AftE2i%M-ENT-ACT, -1954-- ---\7NO. 30 OF 1954---- --. [22nd May, 19543An Act to provide for the salaries and allowances of Members ofParliament.BE it enacted by Parliament in the Fifth Year of the RepublicbtE India as follows :-'1. Short title and commencement.-(I) This Act may be called theSalaries and Allowances of Members of Parliament Act, 1954,(2) It shall come into force on the first day of June, 1954.2. Definitions.-In this Act,-(a) 'committee' means a Committee of either House of Parliament,and includes a Joint Cormqittee of both Houses;I(b) 'member' means a member of either House of Parliament,but does not include-(i) a Minister as defined in the Salaries and Allowancesof Ministers, Act, 1952 (LVIII of 1952); and(ii) an officer of Parliament as defined in the Salaries andAllowances of Officers of Parliament Act, 1953 (20 of 1953);(c) 'new member' means a member who takes his seat ineither House of Parliament after the commencement of this Actand3ncludes a member who is re-elected or re-nominated;(a) 'period of residence on duty' means the ~eriod duringwhich a member resides at a place where a session of a Houseof Parliament or a sittjng of a committee is held or where anyother business copnected with his duties as such member istransacted, for the purpose of attending such session or sittingar for the purpqse of attending to such other business, andincludes-(i) in the -case of a session of a House of Parliament, aperiod of such residence, not exceeding three days, irnrnediatelypreceding the commencement of the session and a periodof such residence, not exceeding three days, immediatelysucceeding the end of the session, and(ii) in the case of a sitting of a committee or any otherbusiness, a period of such residence, not exceeding two days,immediately preceding the commencement of the business ofthe cominittee or other .business and a period of such residence,not exceeding two days, irhmediately succeeding theconclusion of the business of the committee or other business;

IIIIl19541 Salaries and Allowances of Members of Parliament 119. Explanation.-A member who ordinarily resides at a placewhere a session of a House of Parliament or a sitting of a Committeeis held or where any other business connected with hisduties as such member is transacted shall, for the duration of thesession or sitting or the time occupied for the transaction of otherbusiness (including the three or two days immediately precedingor succeeding), be deemed to reside at ~uch~place for the pumse.of attending such session or sitting or, as the case may be, forthe purpose of attending to such other business;(e) 'tenn of office' means,-B(a) in relation to, a person who is a member at the commencementof this Act, the period beginning with suchcommencement and ending with the date on which his seatbecomes vacant;(b) in relation to a new member, the period beginningwith the date when such member takes his seat in the Houseof tfie People or the Council of States, as the case may be,and ending with the date on which his seat becomes vacant.ances.-A member shall be entitled tofour hundred rupees per mensem durfoffice plus an allowance at the rate dfh day during any period of residence on4. Travelling allowances.-(1) There shall be paid to each memberin respect of every journey performed by him for the purpose ofattending a session of a House of Parliament or a meeting of a Committeeor for the purpose of attending to any other business connectedwith his duties as a member, from his usual place of residence to theplace where the session or the meeting -is to be held or the otherbusiness is to be transacted and for the return journey from suchplace to his usual place of residence-is performed by rail, an amount equal tolus one third class fare for each suchthe class in which the member actually'(b) if the journey is performed by air, an amount equal toMF and one-fourth of the air fare for each such journey;(c) if the journey or any part thereof cannot be performedby rail or air-(i) where the-journey or any part thereof is performed bysteamer, an amount equal to one and three-fifths of the fare(without diet) for the highest class in the steamer for eacbsuch journey or part thereof;(ii) where the journey .or any part thereof is performedby road, a roaa mileage at the rate of eight annas per milefor each such journey or part thereof.h~planation.-For the purposes of sub-clause (ii) of clause '(c),of this sub-section, the expression 'journey' shall include the

,.ling... . . . .. ... . .. . .. .' . .. ...:~&laiies. . L .iibhlid ~llbwan&s,of Membersaf ~ailiament [ACT 30. ' jqu~ney from &id to the railway station, port or aerodrome to andrcim the usual place. of residence- of the member or as, $he case. .pdy be, the ~esidence of the meqber , at the place where the. --session of the House of Parliament or a meeting of the Committee istar be held or where any other business is to be transacted. .(2)- Notwithstanding anything contained in sub-section (I.), 3.member who performs a journey by road between places condected byrail or steamer, either wholly or in part, may draw the mileage allowancereferred to in sub-clause (ii) of clause (c) of sub-section (1) in. -place of the travelling allowance which would have been admissible.to him if he had travelled by rail or steamer, as the case may be:provided that the total amqurit df travelling allowance drawn bysuchmember for the entire journey shall not exceed the .amount whichwould have been admissible to him had he performed such journey byrailor by steamer, as the case may be.5. Tr&.qilling allowances for intermediate journeys.-Where a.member absents 'hfmself for less than fifteen days during a sessio~ of'a House of Parliamellt or a sitting of a committee for visiting anyplacein India, he shall be entitled. to. receive travelling allowances in. respect of such journey to such place and for the return journey-:f4'. (a) 'if the. journey is performed by rail, equal toC&.--. for each such journey irrespective of the class in w-which the member actually travels;(b) if the journey is performed by air, equal to oAe fare by. .', air for each 'such journey :.Provided that such travelling allowances shall not exceed ihe total...:arriohnt of daily 3-llowances which would have 'been admissible ,to. suc:n member under section 3 for the days of absence if he, hadnot so remained absent.Explanation;-The provisions of clause (c) of sub-section (1)ind.. ,of:;ub-section 2 ) of-section 4 shall, so far -as may be, apply to. travel.-- Iallowances -payable under this. section as they apply to; travelling.'allowances payable under that .section.. 16. -Free transit by Rai.1~' with.6ne free non-transferab- him to. travel by any railway itained in this section shall affallowance payable to a membAct.7. Allowances during short. intervals between the termination ofone session and the commencement of another session, etc.-Wherethe interval between the termination of one session of a House ofParliament or, as the case may be, one sitting of a Committee andthecommencement of another. session. or sitting at the 'same placedoes not exceed seven *days and the member concerned, elects to . .remain at such place during the interval, he shall be entitled toaraw for each day of residence at such place a' daily allowance at. - the rate specified in section 3:.iII.I

--- .-

322 Saleries and Alolwalnces of Members [ACT 31of Parlimelntallowance to such'member in respect of such aourney at the aforesaidrates shall be deemed to have been validly made and shallnot .be called in question'by any authority on the ground only that$he first class accommodation had been abolished on such railway 'and that the member had not in fact travelled by first class.1 ,1-I =THE SHILLONG RIFLE WNGE AND UMLONGCANTONMENTS ASSIM$LATION OF LAWSA- M, ACT, 1j54,rrCCw-z NO. 31 OE 1954 [28th May, 19541'Xn !~cTT~ assimilate certain lads in force in the scheduledareas to the laws in force in the Khasi and Jaintia HillsDistrict.JiBE it enacted by Parliament in t$e Fifth Year of the Republicof India as follows:-1. Short title and commencem$nt.-(1) This Act may be called the ,Shillong (Rifle Range and Umlqng) Cantonments Assimilation ofLaws Act, 1954.d %(2) It shall come into force ~n such dite as the Central Governmentmay, by notification in thy Official Gazette, appoint./2. Definitions.-In this ~ ct,G-(a) "appointed day" @ems the date appointed under subsection (2) of section 1 fgr the coming into force of this Act;(b) "law" means so m ch of any Act, Ordinance, Regula'tion,rule, order or bye-law as r I lates to any of the matters enumeratedin Lists I and I11 in the Spventh Schedule to the Constitution;(c) "scheduled areas? means the areas specified in theSchedule.13. Assimilation of laws.-(1) All laws which immediately beforeI$he appointed day extend to,! or are in force in, the schedu1ed"areasshall on that day cease to bt in force in the scheduled areas exceptas respects things done or o itted to be done before that day, and forthe removal of doubts, it 3 hereby declared that section 6 of theGenleral Clauses Act, 1897 (P of 1897) shall apply in relation to suchcesser as it applies in relafon to the repeal of an enactment by aCentral Act..$'(2) All laws wJ-:ch iately before the appointed day extendto, or are in force in, the i and Jaintia Hills District shall as fromthat day extend to an force in the scheduled areas.4. Removal of di f any difficulty arises in relation totlie transition underom one law or group of laws to anstherlaw or groupCentral Government may, by orderf&& 3 .+ A,,-/. 9 M&~L& .~,d&@. 2674) &-/I-4-54, @ - - y J* ./s: A CC. 3, /j /4 79,ii

Iaa ;9541 Shillong (Rifle Range and brnlong) Cantonments . 123. Assimilation of pawsnotified in the Official Gazette, makd such provisions as it considers.necessary for the removal of the difficulty.4THE SCI)~DULE[See sectjon 2(c)](1) The Shillong (Rifle Range) pantonment, that is to say, the areaas defined below-E'Note 1.-This area lies abouy half a mile to the west of Labanvillage, and about the same distqnce south of the Umjasai river as itruns from west to east from C4ntonment Boundary Pillar No. 37.It is nowhere contiguous wfth the boundaries of the ShillongCantonment.Note 2.-No. I Boundary r is situated at a bearing of 313" a ~ d.at a distance of 420 feet fro centre of the 400°, firing point on themain range through whic mmawlong stream flcjws; and at abearing of 243" and at a dis %rice of 565 feet from centre of the800" firing pSint on the same/range.Magnetic variation, when jhis boundary was surveyed in 1926, was50°15' west.F~oundariis of the detached arear-B2 Bearing from I aM%gne tic -aPillars I" .,North 5ggw$ f r-'- .r.sfi$,2 Degrees .Mi- 0 Onutes. .cends a thickly wooditreaches a stream at12 1136 . 208

. - --124 . Shil(ong (Rifle Range and umloag) ~Cantonmentk [A& 3%As$imil&tion of L&WSIPillar No. 8 to Pillar Thence to the south corner of thii butt 324No. g.and along the pillaj No. g in thecentre of the southiwest sidc of thebutt.Pillar No. g to Pillx The boundary then$ turns a rightup asteep slope for a, distance of 150feet, thence turning south to followa spur for 180 feet upto pillar, Po 10 , angle to run south-hest st~aightNo. 10,Pillar No. 10 to Pil- Thence under the b5ow of this spur in 141 , 54/. lar No. 11. a curve, for 95 feet to the south-east8 and 60 feet almo$t south.,k48 138Pillar No. 11 to Pillar Thence south-west to pillar No. 12 238 54 120situared o-n,g,he- ?rest afjtbe ipur.No. 12.Pillar No. 12 to Pil- The boundary befween these two pillarNo. 13. , lars follows up ithe same spur in asouth-easterly drection.iPillarNo. 13toPillar Thence the boun{ary turns south-eastNo. 14.and runs down $0 a Nala.Pjuar No. 14 to Pillar Thence in the sdrne line to [a spurNo. 15.across the Nalh.Pillar No. 15 topillar Thence in the me line aaross thisNo. 16. , spur to the so th slope of it.Pillar No. 16 to Pillar The boundary brns east from pillarNo. 17.No: 16 along~he south slope of thespur. ,Pillar No. 17 to Pillar In the same link down the south-eastNo. 18. - slope of this $ur.sPillar No. 18 to Pillar The boundary here veers north-east,No. 19. descends a slope to cross a Naladown whichf' the Wah Jalynnohbranch of tha Ummawlong streanjflows and adcends a steep slope to, -ttPillar No. 19 to Pillar Tyo. 20.IPillar No. 20 to PillarNo. 21.

.-..- /ii'*F 1954 . Shijlong CGifFq Rapge ,%nd UmEong) CantcnzmentS 125' ~~iiniilati'& qf Law$!f. Bearing fromiz .zf +Magnetic +Pillars North UCS~G. i r---,.gDegrees Minutes2 ;*Q'C +Jf[ -Pillar No. 21 topillar The boundary runs i ' a north-westerly 326 30 680NO. 22.direction along qench's Trace topillar No. ~ I A ; $hence in a directline to pillar No ~ I B situated onKench's ~racei; thence alongKench's T~ace, )rough pillar No.2lC to pillar Ng 21D; thence in adirect line to pill r No. 22 which issituated on the$ west bank of theUmmawlong strkam just north ofIthe zo 'yards firi g point of the riflerange.Pillar No. 22 to Pillar The west bank of the Ummawlong 5 30 1,440No. 23.strean forms th bounda~y betweenthese two pillars4Pillar No. 23 to Pillar The boundary hen!? turns abruptly and 203 42 200FNo. 24.runs south-west n to the lower crestof a spur.~PillarNo. 24 to Pillar Thence in the sam~line up and across 203 42 200INo. 25.a Nala running to the south-eastof this spur. tipillar No. 25 to Pillar Thence in the sa % line up the side 203 rz 240"No. 26. of a spur to th? south-east of this \Nala, to pillar ~ d I. .f(2) The Shillong (U is to say, the area as, defined below :-Area , . 1,962 acres,Braemar East Boun'No. 29 is situated on thmorth-west of Cantonm308' 11' from Canton33o. I or Cantonment Boundary Pillarhe Wah Sohkhlur at a point 300 feet,on a True Bearing of(Magnetic Variation . . 55' west in 1931.)jDescription fromi'?:From Braemar Boundary Pillar No. which is also 294Cantonment Boundary Pillar No.I-2 the boundaryruns across a stream in a north-wes ily directionin a straight line along the boun 'ry of privateland to Braemar Boundary Pillar No.gram Braemar Boundary Pillar No. the boundary 258runs in a westerly direction along t e boundary ofprivate land to the bed of the dry llah at a pointj--Forward bearings Horizontaltrue North distancein feetDegrees Minutesr +30 16505 SO010 feet north of Braemar Pillar No. 3.tiI--

- i, 126 Shillong (Rifle Range and Umlong)~Cantonments [ACT 31 OF 1954LAssimilation of qawsForward bearings HorizontalDescription 8 from true North istance,-'-,infeeti Degrees hknutesf3$From Braemar Boundary Pillar No. 3 the boufidaryruns in a westerly direction along the bed $f drynallah to Braernar Boundary Pillar No. 4 w ich is.hated near the head of this dry nallah.4From Braemar Boundary Pillar No. 4 the botindary.runs in a southerly direction for a distance oqabout70 feet to a private cart road, thence aloqg theeastg side of this road to Braemar Bound- PillarNO. 5 which is situated on the left bank of a $ fr~,where the road crosses the stream. iFrom Braemar Boundary Pillar No. 5 the bdhndaryruns in a south-westerly direction across thektreamand the cart road up the hill in a straight h e to- Braemar Boundary Pillar No. 6 alongsi? theCantonment Boundary Pillar No. 34.Prom Braemar Boundary Pillar No. 6 theruns in an easterly direction along the CantBoundary to Braemar Boundary Pillar Nois situated where the road crosses the Wahon its right bank approximately 46 feet westonment Boundary Pillar No. 33 situatedhillside.From Braemar Boundary Pillar No. 7 the dundary 36 30 I,IS~runs in a north-easterly direction along the &tonmentBoundary which is the right bank of th WahSohUllur (Wah Lindoh) stream to 6aemarBoundary Pillar No. 8 which is situated on t e rightb.nL where the river bends left handed beL& CantonmentBoundary Pillar No. 30. 8From Bramar Boundary Pillar No. 8 in a dnorth- 292 30 199westerly dkection along the Cantonment g'undary 'which is the right bank of the Mah Soh$hlf (WshLindoh) stream and crossing it opposite raemarBoundary Pillar No. I. 1SECTIONS . .1. Short title and comm.. .- 2. Definitions. . ... J.. . .., , .

j[ACT 32 OF 19541 Himachal Bilaspur lNew Sta3eZ 127S~ONSI3. Formation of the new of Himachal Pradesh.4. Amendment bf the to thq Constitution.IItREPRESENTATION fN THE LEGISLATURES5. Representation in the Co6. Amendment of the Fou7. ~mendknt of section~ouncg of States ,House if the People8. Representation in the Ho of the People.9. Amendment of the First Act XLIII of 1950.10. Parliamentary new State and their delimitation.11. Sitting members.Legislative ~ssebbl~ of the New State12. Legislative Assembly13. Amendment of the T14. Assembly constituenc te and their delimit*tion.15. Memberr; of the Leg(16. Duration of the Leg17. Amendment of secti18. Amendment of sect etitution (Scheduled Castes) (Part C22. Electoral rolls of c23. Power of Deli ion to revise its orders.24. Rules of proc lative Assembly of the newState.PART IV- 25. cart of the Judici ommi missioner for the new State.26. Subordii~ate courts.

-. 128 .,-. , ,.........~I$%pach.a1 u!.;r..< Pradesk ,....... :..,can.$....... blpspu~u! .,-;--. ... (~.ew .'.- :... . Spatq)., -A L. G.~.. .. ?-> fF. .I. ' PART V . ,ADM~NISTRATIVE AND .,MISGELLANEOUS... .. PROVISIONSIif..'-..qi ..... I .., -27. Ex,istin authdrities and officers to continue to function in the ,new &late.28. Existing laws to continue. --29. Power to construe laws.30. Existing tayes to continue.31. Saving of the powers of the Central Government in relation ;tothe Bhakra-Nailgal Project..32. Power to remove difficulties.SCHEDULESst Schedule-Modifications in the Delimitation of ParliameritaryConstituencies (Part C States) Order, 1951.'Second schedule-~mendment of the Constitution (ScheduledCastes) (Part C States) Order, 1951.. .. .-, . .: :@ah: May, .1954]:1 .An -4ct to provide for the fo~mation "of the new State ofHimachal Pradesh'by bniting the existing States ofHimachal Pradesh andiBilaspur, and for matte?$ con- ,0, nect.ed therewith; . . . i:.-. . c IiBEit enacted by Parliament: in the Fifth Year of the Republicof India as f dllows :- t'g/PART 1j1. Short title and comm ent.-(I) This Act may be calledthe Hirnachal Pradesh and ur (New State) Act, 1954.(2) It shall come into fo1such -central Governmentmay, by notification in the Official Gazette, appoint in thisbehalf.2. Dejihiti~jns.-~n -trequires,-C- ib /-Ex. .p.$3. f _!~a, U^I.,$. . .

6~ 19541 Himachal Pradesh and ~i/a:~ur (New State) I ig(a) "article" means an article ,bf the Constitution;(b) ''~ssembl~ constituency" has the same meaning as in 'the Government of Part C States Act, 1951 (XLIX,of 1951) ;--(c) "existing States" mean tEie States specified as Bilaspurand Himachal Pradesh in Part B of the First Schedule to the,Constitution immediately before #he commencement of this Act,and "existing State" means eithqr of the existing States;(d) "law" includes any eiactment, , ordinance, regulition,order, rule, scheme, notificatiop, bye-law or other instrumenthaving the force of law in thq whole or in any part of eitherof the existing States; ! 7f(e) "Order" means an oqde'r published in the OfficialGazette; -(f) "Parliamen'taryhas the same meaning asin the Representation 1950 (XLIII of 1950) ;(g) "sitting member" inirelation to either House of Parliamentor in relation to theof the existing State ofEimachal Pradesh, means aimmediately before thecommencement of thisof that House or thatLegislature, as the case6FORMATION OF THE NEW~STATE OF HIMACHAL PRADESHshall be formed by uniting thebe known as the State of Himaeferredto as the "new State").r" shall be omitted; andhall be renumbered as e&ries 3 to"Territories of States", after theparagraph shall be inserted, name-f the State of Himachal Pradesh shallefore the corn-Bilaspur (Newates of BilaspurIN THE LEGISLATURESCouncil of States5. Representation the Council of States.-(I) There shall beallotted one seat to State in the Council of States.

, 130 Himachal Pradesh and ~ 'ias~ur (New State) [ACT 32(2) The sitting member of the bouncil of States representing the, group of States comprising the existing States shall on and fromthe commencement of this Act re&esent the new State in the Councilbut the term of such sitting medber shall remain unaltered, that isto say, shall expire on the 2nd ofJApri1, 1958. -tI6. ~mendment of the Fourth Skhedule to the Constitution.-In theFourth Schedule to the Constitqtion, in the Table of Seats relatingto the representatives of States specified in Part C of the FirstSchedule- .Ii(i) for entries 4 and 5, the entry "4. Himachal Pradesh .. .I"hall be substituted; and Fc(ii) entries 6 to 10 shall be renumbered as entries 5 to 9respectively.7. Amendment of section 27A, Act XLIII of 1950.-In section 27Aof the Representation of the people Act, 1950,-e(i) in sub-section (5), f$r the word "Delhi" the words "Delhi,Himachal Pradesh" shall b& substituted; and(ii) sub-section (6) s4all be omitted.fHousefof the peop6f8. Representation in the *use of the People.-Until other provisionis made by law, therei shall be allotted 4 seats to the newState in the House of the P$ople.B9. Amendment of tkie Firs4 Schedule, Act XLIII of 1950.-In theFirst Schedule to the Represatation of the People Act, 1950, in thepart relating to Part C States,?(i) entry 3 shall be &mitted;(ii) entries 4 to 12 shall be renumbered as entries 3 to 11respectively; andP i(iii) for the figure "3'3in column 2 against Himachal Pradesh,the figure "4" shall be substituted.fI10. Parliamentary eonstitbencies of the new State and theirdelimitation.-(I) The new Stqte shall, until other provision is madeby law, consist of the followilg three Parliamentary constituencies,namely: -'L.(i) the constituency bf Bilaspur comprising the existingState of Bilaspur; and \(ii) the two constitue~cies into whi'ch the existing State ofHimachal Pradesh has bee8 divided.(2) The Delimitation of Constituencies (Part CStates) Order, 1951,&.made by law, haveeffect subject to theFirst Schedule.11. Sitting members.-(I) sitting member of the House of thePeople representing the exis State of Bilaspur shall on and fromthe commencement of this epresent the Bilaspur constituencyof the new State and shall emed to have been elected to theHouse of the People by that Tnstituency.

-OF 19541 Himachal Pradesh an (New State) I3cHouse of the People represent-.of Himachal Pradesh shall,.Act, represent the constiandshall be deemed tooby that constituency.Legislative Assefly of the New State12. Legislative Assembly of e new State.-(1) There shall be a!Legislative Assembly for the r+ew State.at Legislative Assembly which13. Amendment of the d Schedule, Act XLIX of 1951.-InPart C States Act, 1951,against the entry "Himachal sh", in column 2 for the figures"36" the figures "41", and in n 3 for the figure "8" the figure"9", shall be substituted.14. Assembly constitu f the hew State and their delirnitation.-(1)The new State ntil other provision is made by law,consist of the following ly constituencies, namely: -shown at the commencement of thi~Assembly Constituencies (Himachalhe part of the new State.ur shall be divided.be after the ,c#mmenceonCommission of India,,nstituencies (Himachalthe constituencies intothe existing State ofas so amended, shall,delimitation of consti-the same name in theelected to the Legislatstituency.shall be divided.1y.-(1) . Every sittingf the existing State of Himachalof the said State shall, on andrepresent the constituency ofshall be deemed to have beenof the new State by that con-ncement of this Act,ts of the Legislativetituencies into whiching State of Bilaspurhe period of fiveof Part C States.egislative Assemdon the date on.Assembly of the

132 Hhachal Pradssh and &ilaspu~ (New State) [ACT 32MISC&LANEOUS. $7. Amendment of section 1, h , Act XLIH of 1950.-In section 13of the Representation of the People Act, 1950, in clause (b) of subsection(I), the wond "Bilaspur~ shall be omitted.18. Amendment of section of 1951.-In section 2 of ,the Government of Part C Sin clause (9) of subsection(I), the words "other tshall be omitted.19. Amendment of the ~o'stitution (Scheduled Castes) (Part CStates) Order, 1951.-The Cogstitution (Scheduled CAstks) (Part CStates) Order, 1951 shall bd amended as shown in the SecondSchedule. 3i20. Amendment of sectiob 9, Act LXXYI of 1952.-In section 9of the Delimitation Commiss$ion Act, 1952, in sub-section (3), for thewords "and the orders mad$ under any of the said Acts" the words,brackets and figures "the imachal Pradesh and Bilaspur (NewState) Act, 1954 and the ogers made under any of the said Acts"shall be substituted.21. Construction of Act i ,XLIII of 1950 and Act XLIX of 1951.-Any reference to Himachal Pradesh in the Representation of thePeople Act, 1950, and the Qovernment of Part C States Act, 1951, asamended by this Act shalf be construed as a reference to the newState.I22. Electoral rolls of ~onstituencies.-(1) The electoral rolls ofthe constituencies of the isting States shall, on and from the commencementof this Act, deemed to be the electoral rolls of theconstituencies of the samq name in the new State and shall continuein force until such rolls re revised, or fresh rolls are prepared, inaccordance with law.I(2) The electoral of the Assembly constituencies into whichthe part of the new comprising the existing State of Bilaspurshall bepublished in accordance withlaw, and comeupon their final publication.B23, Power of Pelimiti$tion Commission to revise its orders.-For24. Rules of procedute of the Legislative Assembly of the newState,-The rules as rocedure 'and conduct of business of theLegislative Assembly he existing State of Himachal Pradesh inforce immediately be he commencement of this Act shall, untilrilles are made under ection (I) of section 32 of the Governmenti? F \%

t/OF 19541 Bilaspur (New State) 133of Part C States51) have effect in relation toLegislative Assembly of the subject to such modificationsand adaptations as may be in by the Speaker thereof,Commissioner for the existreferredto as "the existingshall constitute the Court/the Additional Judicialte of Himachal Pradeshissioner and the Addi-the commence-new court deeand conditionsng in this clause shall be deemed tofrom altering the designation or thet shall have all such original, appellateas under any law is exercisable imme-(e) the newicourt shall have the same powers to admit, suspendand remc&e advocates, vakils and pleaders and to makerules with resp ct to advocates, vakils and pJeaders in the wholeof the new St d e as are immediately before the commencementof this Act; exgrcisable by either of the existing courts:rat subject to any ~ules made by the new coilrthe powers conferred by this clause, any persony before the commencement of this Act is an1 or pleader entitled to practise in either of theshall be recognised as an advocate, vakil orto practise in the new court;to the provisions of this Part, the law in &rceore the commencement of this Act with respectnd procedure in the Court of the Judicial ComexistingState of Himachal Pradesh shall, untilby a competent authority, apply in relationwith such modifications as may be made by

s34Himachal - 'Pradesh and Billrs~uri(New State) [ACT 32(g) the Judicial Commissio rs' Courts (Declaration as HighCourts) Act, 1950 (XV of 1950) hall apply to the new court asif the new court were in existe e at the commencenient of thatAct; and any other law in for e immediately before the commencementof this Act relating to appeals to the Supreme Courtfrom the Court of the Judici 1 Commissioner for the existingState of Himachal Pradesh s 11, with necessary modifications,apply in relation to the new co rt;(h) all proceedings w mediately before the commencementof this Act, a ing in either of the existingcourts shall by virtue of t stand transferred to the newcourt and shall be, coctin f they had been proceedingsinstituted in that court; ;(i) any order made-by dither of the existing courts in anysuch proceedings as aforesaig shall for all purposes have effect,not only as an order of th$t court, but also as an orde: madeby the new court;B(j) references in anyby whatever name, shall,be construed as referencesto either of the existing courtss the context otherwise requires,26. Subordinate courts.-A1 ediately before thecommencement of this Act wul powers, authorityand jurisdiction under the scontrol of either ofthe existing courts in any ae new State shall,until further provision is megislature or authority,continue to exercise thauthority and jurisdictionin that area underand control of thenew court. 1-$ART vELLANEOUS PROVISIONSrs to continue to function in theided in this Act, all authoritiesand ministerial, who immediatelyAct were exercising lawful. functhenew State, shall, until furthernt authority, continue to exerciseay be, in the same manner andg before such commencement.e as otherwise provided in thisbefore the commencement ofthe new State shall continueed by a competent legislatureor the purpose of facilitating theState of any law made before thetribunal or authority may,Act, construe the law withstance as may be necessaryefore the court, tribunal OR

OF 19541 Himachal Pradesh and ~ibspur (New State) 13530. Existing taxes to cont s, cesses and feeswhich immediately before th is Act were being 'lawfully levied in either of any part thereof, *shall continue to be leviedand to the same.extent and to be applied forti1 other provisionis made by a competent leg31. Saving of the powers of the a1 Government in relation ta&he Bhakra-Nangal Project.-Not this Act shall be deemed toderogate from the powers of the 1 Government to make sucharrangements or to take such acti lation to the Bhakra-NangalProject as may, having due rega e purposes of the Project,be necessary to ensure its proper tration and effective implementation.I32. Power to remove difieulties.JIf a& difficulty arises in givingeffect to the provisions of this Actj the President may make suchorders not inconsistent with the safd ~rovisions. as amears to himto be necessary .or expedient for f t6e purpose of AFemoving thedifficulty: 2Provided that no such power sh 11 be exercised by the Presidentafter the expiry of one year from the commencement of this Act.THE FIRST CHEDULE4(See sect& lo)i- 1. In paragraph 2, omit the wordb "Bilaspur and".2. 1n Table IV, after the entry &lating bo Chamba-Sirmur constituency,insert the f80110wing entry, namely:-9"Bilaspur Bilaspur 1 1 . .(See secti#n 19) ,1. In paragraph 2, for "Parts I to $" substitute "Parts I to IX".2. For paragraph 4, substitute th( following, namely:-"4. Any reference in the ~c#edule to this Order,-f(a) to the State of Hi4achal Pradesh or to a District orother territorial division theeof shall be construed as a referenceto the State of Him1chal Pradesh as formed by theHimachal Pradesh and Bil spu-T (New State) Act, 1954, orto a District or other territorial division of that State as soformed; and

13.6 Himachal Pradesh and (New State) [ACT 32 OF 1934h- (b) to any othe or to a qistrict or other t~rritorialdivision thereo be construed as a reference tothat State or to that t or other territorial division asconstituted on the 26 of January, 1950."3. In the schedule,- /ting to Bilaspur:- (b) renumber ' V to X" as "Parts 111 to IX" respec-numbered relating to Himachal Pra' "31. Julahe /-. 32. ~urnng/ (Bhanjre)THE INDIAN INCOME-TAX (AMENDMENT) -ACT, I954No. 33 OF I954[25th September, rg~q]An Act further to amend the Indian Income-tax Act, 1922, to .provide for the assessment or reassessment, of persons whohave to a substantial extent evaded payment of taxes duringa certain period and for matters connected therewith.BE it enacted by Parliament in the Fifth Year of the ~edublic.of India as follows : -1. Short title and commepaemeat.-(1) This Act may be called' .the Indian Income-tax (Amendment) Act, 1954.(2) It shall be deemed to have come into force on the 17th day --,of July, - 1954.;2. Amendrner& of sytip,n.. 34, &t XI, of.$9:22.-In. section 34 ofthe Indian Income-tax Act,, 1922,. (hereinqfter ~efqrred to as theprincipalAct), after subls.&ioq (I), the follo.wing. sub-sections shaJ1be 'inserted, namely :- . .II. 4Ii. IIIji

[ACT 33.0fl 19541 \ fndian Azcome-tax (Amendment) , I 37"(IA) If, in the case of any assessee, the Income-tax Officer,has reason to believe-(i) that income, profits or gains chargeable to income-.tax have escaped assessment for any year in respect ofwhich the relevant previous year falls wholly or partly -within the period beginning on the 1st day of September;1939, and ending on the 31st day of March, 1946; and(ii) that the income, profits or gains which have so.,escaped assessment for any such year or years amount, orare likely to amount, to one lakh of rupees or more;he may, notwithstanding that the period of eight years or, as,the case may be, four years specified in sub-section (I) has expiredin respect thereof, serve on the assessee, or, if the assesseeis a company, on the principal officer thereof, a notice containingall or any of the requirements which may be includedjtl a notice under sub-section (2) of section 22, and may proceedto assess or reassess the income, profits or gains of the, assessee for all or any of the years referred to in clause (i), andthereupon the provisions of this, Act [excepting those containedin clauses (i) and (iii) of the proviso to sub-section (I) andinsub-sections (2) and (3) of this-section] shall, so far as maybe, apply accordingly :Provided that the Income-tax Officer shall not issue a notice..under this sub-section unless. he has recorded his reasons for.doing so, and the Central Board of Revenue is satisfied on such:reasons recorded that it is a fit case for the issue of such notice:Provided further that no such notice shall be issued afterthe31st day of March, 1956.(IB) Where any assessee to whom a notice has been jssuedundersub-section (IA) applies to the Central Board of Revenuehat any time within six months from the receijjt of such noticeor before the assessment or reassessment is made, whichever is.earlier, to have the matters relating to his assessment settled,the Central Board of Revenue may, after considering the termsof settlement proposed and subject to the previous approval of - .the Central Government, accept thebterms of such settlement,and, if it does so, shall make an order in accordance with theterms of such settlement specifying among other things the.sum of money payable by, the assessee.(IC) Any sum specified in a settlement arrived at in pursu- -ance of sub-section (1B) may be recovered and any penalty fordefaultin making payment of any such sum may be imposed'and recovered in the manner provided in Chapter VI.(ID) Any settlement arrived at under this section shall be.conclusive as to the matters stated therein; and no person, whose. ,assessments have-been so settled, shall be entitled to reapen inany proceeding for the recovery of any sum under this Act orin any subsequent assessment or reassessqnt proceeding relatingto any tax chargeable under this Act or in any other pro-,ceeding whatsoever before any court or other authority anymatterwhich forms part of such settlement."IIII1

,13 8 Indian Income-tax (Amendment)/ [ACT 33 & 3413. Amendment of section 85, Act XI of 1922.-In section 35 of theprincipal Act, after sub-section (7), the following sub-section shall.be inserted, namely : -''(8) Where as a result of proceedings initiated under subsection(1A) of section 34-(a) a firm or an association of persons is assessed or reassessed,or ,(b) a company is assessed or reassessed and in respectthereof an order under section 23A is subsequently made;and the Income-tax Officer concerned is of opinion that it isnecessary to compute or recompute the total income of a partnerin the firm or a member of the association of persons or ashareholder in the company, as the case may be, but such computationor recomputation cannot be made by reason of thetime-limit specified in sub-section (I) of section. 34 having expired,the Income-tax Officer may, notwithstanding the expiry.of the time-limit aforesaid, on his own motion and after givingnotice to the assessee of his intention so to do, and after givinghim a reasonable opportunity of being heard, proceed to computeor recompute the total income as if the computation or ..recomputation is a rectification of a mistake apparent from therecord within the meaning of this section; and the provisionsof sub-section (1) shall apply accordingly, the period of fouryears specified in sub-section (I),being computed from the dateof the,final order passed in the case of the firm, association orcompany, as the case may be."4. Repeal of Ordinance 8 of 1954.-The Indian Income-tax (Amendment),Ordinance, 1954 (8 of 1954), is hereby repealed.Rsp.b7~at 6P ofl964J2 d ii 1 ,Le>T ~ @ - ' > g b ~'THE CENTRAL EXCISES AND SALT (AMENDMENT)ACT, 1954Uo* 34 OF 1954I128th September, 1954.1An Act further to amend the Central Excises and S,alt Aqt, 1944.BE it enacted by Parliament in the Fifth Year of the Republicof India as follows:-1. Short title and commencement.--(1) This Act may be calledthe Central Excises and Salt (Amendment) Act, 1954.(2) It shall be deem~d to have come into force on the 30th dayaf July, 1954.2. Amendment of the First Schedule, Act I of 1944.-In subitemI1 of Item No. 9 in the First Schedule to the Central Excisesand Salt Act, 1944, ,the following shall be inserted at the end,wame1y:-

\ -&e]P. by .AQ~sv of%696' .IfQF I954 Indian Targ (~hendm~nt) I39"(3) Biris in the manufacture of which . .Three rupees perany process has been conducted with the aid thousand."of machines operated with or without the aid'of power.3. Excise duty on machine-made biris to apply exysting stackss1so.-The amendment made by section 2 shall apply tobiris manufacturedas specified therein which are lying in stpck on the date af.commencemht of this Act in any premises where biris are manufacturedor in any premises appurtenant thereto as it applies tobiris similarly manufactured on or after the said date.4. Repeal of Ordinance 9 of 19.54.-The Central Excises and Salt*(Amendment) Ordinance, 1954 (9 of 1954) is hereby repealed.kTHE INDIAN TARIFF (AMENDMENT) ACT, 1954NO. 35 OF 1954 -.[28th September, 19541 ,- An Act further to amend the Indian Tariff Act, 1934.BE it enacted by Parliament in ,the Fifth Year of the Republic ofJndia as follows:-1. Short 'title.-This Act may be called the Indian Tariff (Amendment)Act, 1954.2. Amendment of the First Schedule, Act XXXII of 1934.-In theEirst Schedule to the Indian Tariff -Act, 1934,-(i), in Item No. 11(6), in the last column headed "Durationof protective rates of duty", for the word, figures and letters"December 31st, 1954" wherever they pccur, the word, figuresand letters "December 31st, 1956" shall be ~~ubstituted;(ii) in Items Nos. 30(9) and 30(10)-(a) in the entry in the second column, after the wkrd"paper" wherever it occurs, the brackets and words "(butexcluding emery fillets)" shall be inserted; and(b) in the last column headed "Duration of protectiverates of duty", for the word, figures and letters "December31st, 1954" wherever they occur, the word, figures and letters"December 31st, 1955" shall be substituted;(iii) in Items Nos. 46, 46(1), 47, 47(1) and 48, in the lastcolumn headed "Duration of protective rates of duty", for theword, figures and letters "December 31st, 1953" wherever theyoccur, the word, figures and letters *Decepber 31st, 1958" shallbe substituted. 'I

THE CHANDERNA~RE (MERGER) ACT. 1954[~gth September, 195417An Act to provide for thState of West Bengalr of Chandernagore into thematters connected therewith.BE it enacted by Par1ar of the ~e~ubiic ofIndia as follows:'-1. Short title and c is Act may be cal!ed;the Chandernagore (Merger)(2) It shall come in of October, 1954.2. Definitions.-Inquires,-t text otherwise re- -of Octaber, 1954;(c) "Chandernagore" meimmediately before the 9ththe Free T6x~n of Chanderwhole of the territory whichJune, 1952 was comprised in.Constitution;, Bengal;

I1I1.AACT 36if they formed part-ed, namely : -, "and in the case of West Bengal shall also comprisethe territory ofre as defined in clause (c)of section 2 of the C (Merger) Act, 1954,".the House of the People.-from the appointed day-(a) Chandernagoed jn, and become part of,the Hooghly Parliacy formed by the Delimitationof ParliameBengal) Order, 195the fallowing modI In Table A-namely : -relating to Seramporery shall be substituted,Serampore, Uttarpara,olice stations of HooghlyBally police stations of2 relating to Hooghlyy shall be substituted,f the People representncyshall be deemedmodified by this Act.ay, the electoral rollely upon its finalegislative Assembly

iI1-12 Chandernagoreli(Merger) [ACT 36;Assembly constituency) compris ng the entire area of Chandernagore,whether with the additi n of such areas of other consti--tuencies as may be determined y the President or without such.addition and the said constitue cy shall be represented in that..Assembly by one member to b chosen by direct election;(b) the President shall, as s on as may 'be after the appointed$day and after consulting the lection Commission, amend byorder the Delimitation of Par iamentary and Assembly Consti-tuencies -(West Bengal) Order, '1951 so as to include therein the -Chandernagore Assembly conslituency and the particulars relabingthereto as required by sec 'on 9 of the Representation of the-People Act, 1950 (XLIII of 1$0);(c) the total number ofin the Legislative Assembly'from 238 to 239;ats to be filled by direct electionWest Bengal shall be increased:1the Representation of thethe part relating to Part A.inst 'West Bengal', the entryre Assembly constituency.- -Assemb1y"constituency shallbeprepared and publishwith the provisions of ineRepresentation ~f the PLIII of 1950), and the rules.made thereunder andmediately upon its finalpublication.8. Election to fill the sea Chandernagore Assembly'eonstityency.-As soon as ter the delimitation of theChandernagore Assembly cunder the provisions of clause(b) of section 6, there shallelection to fill the seat allottedto the Chandernagore Asse tituency in the Legislative Assemblyof West Bengalse the Election Commissionshall, by notifica1 Gazette, call upon the.Chandernagore Assemelect a person for the,purpose of filling thatas may be specified in.resentation of the PeopleAct, 1951 (XLIIIunder shall apply, as9. Consequencesconstituencies.-If in consenagore for the purpose of ng the Chandernagore Assemblyconstituency, the extent o isting Assembly constituency is,altered, then-sembly constituency -in accordance withsPeople Act, 1950der, be deemed to-constituency as so altered.

!' OF 1954 143.10. Representation Legislative Council.of. West Benga1.- (I)law, as from thepointed day-become part of, theDelimitation ofI(i) the West Bengal SOU$(Graduates) constituency;(ii) the Burdwan ~ivisiob (Teachers) constituency;(iii) the ~ooghl~-~owr& ( Local Authorities ) constituency ;Ii(b) any reference in tde said order to West Bengal, Burdwan Divisionor Hooghly Distr ct shall be construed as including thereinChandernagore ;shall bz deemedIr of the West Bengal South (Graduatesan Division ( Teachers ) constituency( Local Authorities ) constit uerlcy, theue of the provisions of clause (a) altered,been elected to the said Council bybe sfter the appointed day the electoral rolls(Graduates ) constituency; the Burdwantuancy and the Hooghly-Howrah (LocaBshall be prepared in accordance with thetation of the People Act, 1950 ( XLIII ofthereundx and the rolls so prepared shall -pon their final publication.11. Amendment ction 9, Act LXXXi of 1952.-In sectior gof the Delimitation ission Act, 1952, in sub-scction (3), for thewords "and the ord Je under any of the said Act", the wordsbrackets and figurendernagore (Merger) Act, 1954 and theorders made undersaid Acts" shall be substituted.12. Conferment n citizenship on French citizens domiciledin Chandernagore.- to the provisions of Article 111 of theTreaty of Cessior, erritory of the Free Town of Chandernagoreall French subc:tizens of the French Union domiciledin 'the said Territoryunc, 1952, shall be deemed to,have become citizensfor which any pappointed day aassets.-(I) All property and assets withinimmediately before the appointed day, areGov~rnment for the. purposes of the' administrashall,as from that day, vest in the State Govpurposesfor which such property or assets arethat day, are Union purposes.the Central Government signed by a Secretaryhall be conclusive as to whether the purposesre held immediately before the

-1 44 Chande'rnagore (Merger) [OF Aci' 36-14. Rights, liabilities agd ob1iga"tiohs.-(1) All rights, liabilitiesand obligations of the Centkal Government arising ,out of, or in rela-,'to Union purposes.overnment signed by a Secretaryusive as to whether any rights, *of, or in relation to, the adminisableto Union purposes.urther provision is made by aontinue to exercise their resctionin Chandernagore underconnection with ,thetive functions in thethe appointed day.rt' thereof, chall, until otherment, continue to exercise inChandernagore their respecrhannerand'to the same extent as beforeernagore.-All laws whichextend to, or are in force in11, as from that day, extendrce in, Cha~dernagore.rder, 1950 or by virtue ofernagore (Administration)ise; shall, as from that day,y corresponding law shall

OF 19541 145and any such investigation, legal or remedy may beinstituted, continued, or enforced,ch penalty, forfeiture,or punishment,may be imposed ashad not been passed., anything done ordelegation made,rule, form, byeorlicence granted, %ng law shall bespending provi- 'ndernagore oncontinue in force accordinglyunless and untiling done or any action takenunder such law.19. power to remo ifficulty arises inrelation to the transilaw to any lawwhich by virtue of s appointed day,extend to, or come ithe Central Governmentmay, bye such provisionsremoving theI(2) If any difficulty in giving effect to the provisions ofthis Act (otherwise(3) No power under s ection (I) or sub-section (2) shall beexercised by the Central ernment, or, as the case inay be, theState Governdent after expiry of three years from the appointedday.(4) Any order made u sub-section (I) or sub-section (2) rnaybe made so as to be ret ctive to any date not earlier than Iheaopointed day.THE PREVENT' ON OF FOOD ADULTERATI ONACT, 1954 -NO.' 37 OF 1954ARRANGEMENT OF SECTIONSI. Short title, extent and commencement.2. Definitions.Jog9 M of L W,-I. I-A A

SECTIO JS.., ,. . . . . .. . . ., . . ,,. . : , . .. .. . ..... . . . . . ..=... ...:;: ;. .- .;3. . The C.htra\, C6m.pi.ttee for, Fo,od. Stan.d&rds,. . .4. ~ent;al Food Laboratory.GENERAL PROVISIONS AS TO FOOD5. Prohibition of import of certain articles df food.6. Application of law relating to sea customs and Rowers ofC,~stoms Officers.7. Prohibition of manufacture, sale, etc., of certain artidesof food. -6 '\ANALYSIS OF FOOD...... . .8 . Public Analysts.:,. .. I. .9. Food; Inspectors; , .10. Powers of food inspe.ctors.. '11. Procedure ,to be followed .by food inspectors.,.12. Purchaser may have food analysed.13. Beport of public analyst.MISCELLANEOUS. . .. .rg. Import of food and. sale of ' food in railway and' other '> ipremises.!. .I 5. Fotification of food poisoning. 1F / 16. Penalties. I 11. 17. Offences by companies.I,18. Forfeiture of property.L 19. Defences which may or may not be allowed in prosecuftions under this Act. 1k20. cognizance and trial of offences. Ii21, Magistrate's power to impose enhanced penalties. '22. Protection of action taken in good faith.23. Power of the Central Government to.. make .., rules.. . . .24. Pottem~f . . the State Government to make rules.,..., 25. ~e~eal. and saving.- . ..::%:;,+&;.:'.,q.

THE PREVENTION - OF FOOD ADULTERATION- - - ---='f;=+-\--..333.37 0~1954_-- -- __[zgth September, 1954.An Act to make provision- for the prevention of adulterationof food.*]BE it enacted by Parliament in the Fifth Year of the Republic of1 lpdia as follows: -PRELIMINARY1. Short title, extent and commencement.-(1) This Act may be=called the Prevention of Food Adulteration- Act, 1954.(2) It extends to the whole of India, except the State of Jammuand Kashmir.4,(3) It shall come into force on such dite as the Central GovernmentFay, by notification in the Official Gazette, appoint.2. ~efinition5.-1n this Act unless the'context otherwise requires,-(i) "adulterated1'-an article of food shall be deemed to beadulterated-(a) if the article sold by a vendor is not of the nature,substance or quality demanded by the purchaser and is to hisprejudice, or iS not of the nature, substance or quality whichit purports or is represented to be;(b) if the article contains any other substance which 7.affects, or if the article is so processed as to affect, injuriouslythe nature, substance or quality thereof;(c) if any inferior or cheaper substance has been substitutedwholly or in part for the article so as to affect injuriouslythe nature, substance or quality thereof:(d) if any constituent of the article has been wholly orin part abstracted so as to affect injuriously the nature, sub-"stance or quality thereof;(e) if the article had been prepared, packed or kept underinsanitary conditions whereby it has become contaminated --or injurious to health;(f) if the article consists wholly or in part of any filthypu8rid, 'disgusting, 'rotten, decomposed or diseased animal or-vegetable substanee, OD is insect-infested. or is o$herwise unfit3or human constunptipn;

I\1 48 Prevention of Food Adulteration [ACT 37(g) if the article is obtained from a diseased animal;(h) if the article contains any'poisonous or other ingredientwhich renders it injurious to health:(i) if the container of the article is composed, whetherwlfolly or in part, of any poisonous or deleterious substancewhich renders its contents injurious to health;(j) if any colouring matter other than that prescribed inrespect thereof and in amounts not within the prescribed-limits of variability is present in the article;(k) if the article contains any prohibited preservative or'P wrmitted preservative in excess of the prescribed limits; .(1) if the quality or purity of the article falls below theprescribed standard or its constituents are present in quantitieswhich are in excess of the prescribed limits of variability;(ii) "Central Food Laboratory" means any laboratory orinstitute established or specified under section 4; .(iii) "Committee" means tho Central Committee for ~ood.Standards constituted under section 3;(iv) "Director of the Central Food La,boratory" means the, person appointed by the Central Government by notification in.the O&cial Gazette as the Director of the Central Food Laboratoryand includes any person appointed by- the Central Governmentin like manner to perform all or any of the functions of th'eDirectpr under this Act;(v) "food" means any article used as food or drink for, human consumption other than drugs and water and includes-(a) any article which ordinarily enters into, or is used i~the composition or preparation of human food, and(b) any flavouring matter or condiments;(vi) "Food (Health) Authority" means the Director ofMedical and Health Services or the Chief Officer in charge ofHealth administration in a State by whatever name he is called;'.'(vii) "local area" means any area, whether urban or rural,declared by the State Government by notification in the OfficialGazette, to be a local area for the purposes of this Act:(viii) "local authority" means in the case of- !(1) a local area which is-(a) a municipality, the municipal board or municipa?corporation;!(b) a cantonment, the cantonment authority;(c) a notified area, the notified area committee;(2) -any other local area, such authority as may be prescribedby the State Government under this Act;'(ix)"misbranded"-anarticle of food shall be deemed to'+misbranded-'jI!i I

OF 19541 Prevention of Food, Aslulteration 149(a) if 'it is an imitation of, or is a substitute for, or resemblesin a manner likely to deceive, another article of'food under the name of which it is sold, and is not plainlyand conspicuously labelled so as to indicate its true character;(b) if it is falsely stated to be the product of any place orcountry;(c) if it is sold by a name which belongs to another article, of food;(d) if it is so coloured, flavoured or coated, powdered orpolished that the fact that the article is damaged is concealedor if the article is made, to appear better or of greatervalue than it really is;(e) if false claims are made for it upon ,the label orotherwise;(f) if, when sold in packages which have been sealed orprepared by or at the instance of the manufacturer or prorducerand which bear his name and address, the contents ofeach package are not conspicuously- and correctly stated onthe outside thereof within the limits of variability prescribedunder this Act: 7(g) if the package containing it, or the label on the packagebears any statement, design or device regarding theingredients or the s~~bstances contained therein, which is falseor misleading in any material particular; or if the package isotherwise deceptive with respect to its contents;(h) if the package containing it or the label on the packagebears the name of a fictitious individual or company asthe manufacturer or producer of the article;(i) if it purports tp be, or is represented as being, forspecial dietary uses, unless its label bears such informatioqas may be prescribed concerning its vitamin, mineral, or otherdietary properties in order sufficiently to inform its purchaseras to its value for such uses;(j) if it contains any artificial flavouring, artificial colouringor chemical preservative, without a declaratory labelststing that fact or in contravention of the requirements ofthis Act or rules made thereunder;-(k) Y it is not labelled in accordance with the requirementsof this Act or rules made thereunder;(x) "package" means a box, bottle, casket, tin, barrel, case,receptacle, sack, bag, wrapper or other thing in which an articleof food is placed or packed; .(A)"premises" include any shop, stall, or place where anyarticle of food is sold or manufactured or stored for sale;(xii) "prescri.bed"'means prescribed by rules made under this 'Act;(xiig "sale" with its grammaticai variations and cognate expressions,means the sale of any article of food, whetker for cash* . ''I,.:jI

ii150 Prevention of Food ,Adulteration [ACT 87or on credit Qr by way of exc.hange and whether by wholesale orretaicl, for human consumption or use, or for analysis, and includeaan ggreement for sale, an offer for sale, the exposing for sale orhaving in possession for sale of- any such article, and includes.also an attempt to sell any such article;, (xiv) "sample" means a sample of any article of food takenunder the provisions of this Act or of any rules made thereunder;(xu) the words "unwholesome" and "noxious" when used inrelation to an article of food mean respectively that the articleis harmful to health or repugnant to human use.3. The Central Committee for Food Standards.-(1) The CentralGovernment shall, as soon as may be after the commencement of thisAct, constitute a Committee called the Central Committee for FoodStandards to advise the Central Government and the State Governmentson matters arising out of the administration of this Act and tocarry out the other functions assigned to it under this Act:(2) The Committee shall consist of the following members,namely : -(a) the Director-General, Health Services, ex-oficio,shall be the Chairman;(b) the Director of the Central Food Laboratory, ex-oftcio;(c) two experts nominated by the Central Government;who(d) one representative each of the Central Ministries of Foodand Agriculture, Commerce and Industry, Railways and Defencenorninated by the Central Government;(e) on(: representative each nominated by the Governmentof each-State:(j) f,t~o representatives nominated by the Central Govern-inent to represent the Pert C w* -3f 1(g) two represzntatives of Industry and Commerce nominated' by the Central Government; 1 I(h) one representative of the medical profession nominate4 1by the Indian Council of Medical Research. 1I(3) The members of the Committee referred to in clauses (c),(d), (e), (f), (g) and (h) of sub-section (2) shall, unless their seatsbecome vacant earlier by resignation, death or otherwise, be entitledto hold office for three years and shall be eligible for renomination. 1(4) The functions of the Committee may be exercised notwith-Istanding any vacancy therein.%J(5) The Committee may appoint such and so many sub-committeesas it deems fit and may appoint to them persons who a2e not mem-Ibers of the Committee to exercise such powers and perform such ,duties as may, subject to such honditions, if ahy, Bs the Cdmmittee !f,may impose, 'be delegated to them by the Committee.

' F 19541 Prevention of Food Adu.1t&ation ISX(6) The Committee may, subject to tee previous approval of theCentral Government, make bye-laws for the purpose of regulatingits dwn procedure and the transaction of its business.4. Central Food Laboratory.-(I) The Central Government may,by notification in the Official .Gazette,-(a) establish a Central Food Laboratory; or(b) specify any laboratory or institute as a Central FoodLaboratory;to carry out the functions entrusted to the Central Food Laboratory -by this Act or any rules made under this Act.(2) The Central Government may, after consultation with theCommittee, make rules prescribing-(a) the functions of the Central Food Laboratory;(b) the procedure for the submission to the said Labratoryof samples of articles of food for analysis or tests, the forms ofthe Laboratory's reports thereon and the fees payable in respectof such reports;(c) such other matters as may'be necessary or expedient toenable the said Laboratory to carry out its functions.6 \GENERAL PROVISIONS AS TO FOOD5. Prohibiti'aon,of import of certain articles of Eood.-No person , ,.shall import into India-(i) any adulterated food;(ii) any misbranded food;(iii) any article of food for the import of which a licence isprescribed, except in accordance with the conditions of thelicence; and(iv) any article of food in contravention of any other provisionof this Act or of. any rule made thereunder.6. Application of law relating to sea customs and powers ofCustoms Officers.-(I) The law for the time being in force relatingto sea customs and to goods, the import of which is prohibited bysection 18 of the Sea Customs Act, 1878 (VIII of 1878) shali, subjectto the provisions of section 16 of this Act, apply in respect of articlesof food, the import of which is prohibited under section 5 of this Act,and officers of Customs and officers empowered under tnat Act toperform the duties imposed thereby on a Customs Collector andother officers of Customs shall have the same powers in respect ofsuch articles of food as they have for the time being in respect ofsuch goods as aforesaid.(2) Without prejudice to the provisions of sub-section (I) theCustoms Collector, or any officer of the Government authorised bythe Central Governmint in this behalf, may detain any im~or'c'edpackage which fie suspecfs f~ocontiai'n any article of food the import- of which is prohibited under section 5 of ?his Act and shall forthwith'.

. . .,.. . 1.152 ~reveniion of Food Advlteration , , .report such detention to the Dii-ectorbf the- ~ ent,~a!~o~d Laboratory. .W'jd, if required by him, fofward the package or send samples of .anysuspected article of food found therein to the said Laboratory, : .,7. Prohibition of manufacture, sale, ek., of, certain articles offood.-NQ person shall himself or by any person on his behalf manufacturefor sale, or store, sell or distribute-I .(i) any adulterated food; ,f .: (ii) any misbranded food; . .(iii) any article of food for the sale of which a licence isprescribe& except in accordance with the conditions of the,licence:(iv) any article of food the sale of which is for the time- being prohibited by the Food (Health) 'Authority with a view- topreventing the outbreak or spread of infectious diseases; or(v) any article of food in contfavention of any other pro- ..la!$ion af this Act or of any rule made thereunder.ANALYSIS OF FOODg,. Public .Analysts.-The State Goverqrxlent may; by notificationYn the Official Gazette, appoint persons in such number as it thinksfit %ad possessing such qualifications as may be ~r~scribed, to be.public analysts and define the local areas over which they shallexercise jurisdiction :Provided that no person who has any financial interest ih the . -manufacture, import or- sale of any article of food shall be so -appointed: . 'Provided further that the State Government may appoint one- - public analyst for two or more local areas, such local areas beingregardedas one unit for the purposes of this Act.9. Faqd Inspectors.-(I) Subject to the provisions of section 14 theState Government may, by notification in the Official Gazette, appointpersons-in such nuniber as it thinks fit, having the prescribed qualificationsto be fwd inspectors for the purposes of this Act, and they.shall exercise their powers within such local areas as that Governmentmay assign to them:Provided that no person who has any financial interest in theimport or sale of any article of fwd shall be SO, ;3ppointed.(2) very food inspector shall be deemed to be a .public servant.within the meaning of the Indian Penal Code (Act XLV of 1860).10. Po,wers of food inspectors.-(1) A food inspector shall hav!power-(a) to take samples of any-article of food from.-,(i) any person selling such article;(ii) any person who is in thecourse -of conveying, deliver-' ., ing o r preparing to deliver such article to -a purchaser orconsignee:,.' . :. - .-. , (iii) a conii&ei if'tirF&eliv&e bf in? iiiicli article td him; - 'and..'

IQF 19541 Prevention of Food Adulteration I53(bj to send such sample for analysis to the public analyst forthe local area within which such sample has been taken;(c) with the previous approval of the health officer havingjurisdiction in the local area concerned, or with the previous a pproval of the Food (Health) Authority, to prohibit the sale of anyarticle of food with a view to preventing the outbreak or spreadof any infectious disease,(2) Any food inspector may enter and inspect any place where any'article of food is manufactured, stored or exposed for sale and take- .sampies of such articles of food for analysis.-(3) Where any sample is taken under clause (a) of sublsection (1)sr sub-section (2), its cost calculated at the rate at which the articleis usually sold to the public shall be paid to the person from whomlit is taken.(4) If any article intended for food appears to any food inspectorto be adulterated or misbranded, he may seize and carry away orkeep in the safe cmtody of the vendor such article in order that itmay be dealt with as hereinafter provided.(5) The power conferred by this section includes power to break.open any package in which any article of food may be contained or-to break open the door of any premises where any article of food maybe kept for sale:Provided that the power to break open the door shall be exercisedonly after the owner or any other person in occupation of the premises,if he is present therein, refuses to open the door on being called.upon to do ,so.Provided furth2r that the food inspector Bhall, in exercising thepowers of entry upon, and inspection of any place under this section,follow, as far as may be, the provisions of the Code of Criminal Pro--edure. 1898 (Act V of 1898), relating to the search or inspection ofa place by a police ofiicer executing a search warrant issued underthat Code.(6) Any material found in the possession'of a manufacturer of anyarticle of food or in any of the premises occupied by him as such and+%eing apparently of a kind which may be employed for purposes ofadulteration and for the possession of which he is unable to account-to the satisfaction of the food inspector, may be seized by the foodinspector and if necessary a sample of such material submitted foranalysis to a public analyst.(7) Where the food inspector takes any action unde; clause (a) ofsub-section (I), sub-section (2), sub-section (4) or sub-section (6), heshall, as far as possible, call not less than two persons to be present.;at the time when such action,is taken and take their signatures.(8) Any food- inspector may exercise the powers of a police officerunder section 57 of the Code of Criminal Procedure, 1898 (Act V of1898) for the purpose of ascertaining the true name and residence ofthe person frpm whom a sample is taken or an article of food is seized.(9) Any food inspector exercising powers under this Act or underfie rules made thereunder who-*

154 Prebention of Food Adulteration [ACT 37('a) vexatiously and without any reasonable, grounds of suspicionseizes any article of food; or(b) commits any other act to the injury of any person withouthaving reason to believe that such act is necessary for theexecution of his duty shall be guilty of an offence under this Actand shall be punishable for such offence with fine which may- extend to five hundred rupees.ll.,Procedure to be followed by food inspectors.-(I) When a foodinspector takes a sample of food for analysis, he shall-(a) give notice in writing then and there of his intention tohave it so analysed to the person from whom he has taken thesample:(b) except in special cases provided by rules under this Actseparate the sample then and there into three parts and mark andseal or fasten up each part in such a manner as its nature permits;and(c) (i) d.eli-iier One of the parts to r;le person from whom the; sample has been taken:-.lii) send. another part for analysis to .the public analyst; and(iii) retain the; third part for production in case any legal-proceedingsare taken orfor -analysis by the Director of the Central.. . ' . Food Laboratory under .sub-section .(2) of section 13, as the casemay be.. .'(2) If the person from whom the sample has been taken declir'es. ~to accept one of the parts, the food inspector shall send intimation..tothe public analyst of such refusal and thereupon the public analystreceiving a sample for analysis shall divide itilito two parts and shallseal or fasten up o.ne of those partsand shall cause it; either upon:receipt of the sample or when he delivers his report, to be delivered tj''the food inspector who shall re'tain it for production in case legal psoceedingsare taken. . .(3):When a,sample of any article of,food is. taken under sub-section(1) or sub-section (2) of section 10, the food inspector shall send asample of it in accordance with the rules prescribed for sampling tothe .public analyst 'for the local area concerned. , .. .. . .-1. . i(4) An article of food seized under sub-section (4) of section. 10,.shall be produced before a magistrate as soon as possible: . !Provided that in the case of any article of which samples hairk...been sent to the public analyst for analysis it may be produced onor after the receipt of the report of the public analyst.: . ., provided that, jf an application is msde to the magistrate:in this behalf by the person from whom any article of food has been'.1:-seiied,,the kagistrate,shall by order in writing direct the food inspeotor to produce ,such article before him within such time as may be.. . .specified in the 'order.(5j If it appears to the hagistrate on taking such evident& as kGl,cay deem. necessary that the -article of food produced -before. himm,&r sub-section (4) is adulterated, he may ,order it-. . . . . ....ii Ii.j.\.1;4Ji;i- ., 8I

~ ~ --. .... .' .. -\ ''DF .ig!jqi' Preveritgon of .Foo.d Adulteration. .1 . .(a) to,-be forfeited to the local authority, .or. ' .', . . .@j t;. 0 ,be::d'e$i%yed at the cost of the- owner orlthe person:ifrom whbm'it wasse'ized so as to prevent its being used humah.,fbod dr.. , . . , .-,.;(c) tobe sb diipdsed of as to prevent its being again exposed.:; for sale or use:d.for food under its deceptive name, or(d) to be returned back to the owner'fbrbeillg sold under its'.appropriate :name, after :taking. adequate guarantee. owner. . .. .(6) If it a9pears to the'rnigistrate that anysuch article of food is:. . not adulterated the person from whose possession the article was takenshall be. entitled. to have' it restored to . him'andit shall be in ~ne'discretion of the magistrate to award suchperson fromsuchfund as-the State Government may direct in this behalf, such compensationnot exceeding the actual loss which he has sustained as the magistratemay think proper.. .12. '~urchasei gay have food' inalysad.-~oihing cbAct shall be held'toprevent a purchaser of any article othan a' food inspector from having such :article analyseanalyst on payment of such fees as may b@ prescribedceiving from the public analyst a report of his analysis.:Pi-o+ided that 'such purchaser shall inform the vtima qf. purchase of his intention to have. such articles%t&ided fux-kher that -the prclvisiops of sub-section.. (l), sub-section . . .~2) and.-sub-section. (3) of section 11 hall, as far as may be, apply . .to a purchaser 'of: article of food who intends tohave'such arti' analysed, as they apply to a food . inspector'. . 'who takes_ a sampl. . .food -for analysis :. . . :Provided also' that 'if. the report of the public anthe articleof 'food is adulterated, the purchaser shIget refund of the feespaid by him under this section.!. . . '$. . 13. 'keport of publiciaaalyst.-(1) The,public anin -such lforrh as may be prescribed, a report to thj the 'result of the analysis of any article of iood submi. . . .! analysis. .:I(2) After the institution of .a prosecution under this Act the accus--ed vendor or the complainant may, on::payment of the p?escri;bed ,fee, ,! make an ,application to the court for sending the past of th,e samplei'I mentione'd in sub-clause (i) . o: sub-clausc(iji) of clause :(c) of sub-! section(1) of section 11to the Director of the 'Central Fo~dLaboratoryi f0r.a certificate; and oFreMipt of the app1ication the court.shall.first.[ a ascertain that the mark. alid seal or fastening as provided in clausei (b) of sub-sectibn (1) of section I1 "are'htast and may then despatch1 . the part of the sample under its own seal, -.to 'the Director of the'Central Fo.od Laboratory who shall -thereupori send. a certificate to .the 'court in the prescribed form'within one month f'rom the date-ofreceipJ o the sample,..specifying the result of' hisf: . ... .:. '! 1.14.I'q3). The c6rti&catk';cggued :lijj,, 'the 'Dirbctor !:of , tht; C,e];aboraf0fy un'dei- subl&dtien .(2) .shall Supersede; the .,tip. the public analyst under sub-section (I)./. ..-.> ~.. ~. .. ... .. ., .,'

-Prevention of Food Adulteration [ACT 37(4) Where a certificate obtained from the Director of the CentralFood Laboratory under sub-section (2) is produced in any proceedingunder this Act, or under sections 272 to 276 of the Indian Penal Cade(Act X L of ~ 1860), it shall not be necessary in such proceeding toproduce any part of the sample of food taken for analysis.(5) Any document purporting to be a report signed by a publicanalyst, unless it has been superseded under sub-section (3), or anydocument purporting to be a certificate signed by the Director of theCentral Food Laboratory, may be used as evidence of the -facts statedtherein in any proceeding under this Act or under sections 272 to 276of the Indian Penal Code (Act XLV of 1860):Provided that any document purporting to be a certificate signedby the Director of the Central Food Laboratory shall be final andconclusive evidence of the facts stated therein.MI~CELLAMEOU~14. Import of .food and sale of food in railway and other premises.--(1) The Central Government may, by notification in theOfficial Ga~ette, appoint any person to exercise the powers of a foodinspector under sections 10 and 11,-(a) at any major port, -air port or land customs-station inrespect of any article of food which . is being imported throughsuch port or station;(b) in respect of any railway station or group of railwaystations where food is being sold:Provided that the Central Government may, instead of makingany appointment under this section, authorise any food inspector inany State in which the major port, air port or land customs stationor railway station is situate to exercise such powers.(2) Every person appointed or authorised -under sub-section (I)shall be deemed to be a food inspector for the purposes of this Act.215. Notification of food poisoning.-The State Government may,6y notification in the ornclal Gazette. require medical practitionerscarrying on their profession in any local area specified in the notificationto report all occurrences of food poisoning coming withintheir cognizance to such officer as may be specified in the notification.I16. Penalties.-(I) If any person- -(h) whether by himself or by any person on his behalfimports into India or manufactures for sale, or stores, sells ordistributes, any article qf food in contravention of any of the, provisions of this Act or of any rule made thereunder, or(b) prevents a food inspector from taking a sample as authorkedby this Act, or(c) prevents a food inspector from exercising any otherpower conferred on him by or under this Act, or(d) being a manufacturer of an article of food, has in hispossession, or in any of the premises occupied by him, anymaterial which may be employed for the purpose of adulterat~on,Or

OF 19?] Prevention of Food Adultel-ation 1.57(e) being a person in whose safe custody any article of foodhas been kept under sub-section (4) of section 10, tampers or inany other manner interferes with such article, or(f) uses any report or certificate of' a test or analysis madeby the Director of the Central Food Laboratory, or by a publicanalyst or any extract thereof for the purpose of advertising anyarticle of food, or 'd(g) whether by himself or by any person on his behalf givesto the purchaskr a false warranty in writing in respect of anyarticle of food sold by him,he shall, in addition to the penalty to which he may be liable underthe provisions of section 6, be punishable-(i) for the first offence, with imprisonment for a term whichmay extend to one year, or with fine which may extend to 1.wothousand rupees, or with both;(ii) for a second offence with imprisonment for a term whichmay extend to two years and with fine:Provided that in the absence of special and adequate reasonsto the contrary to be mentioned in the judgment of the court,such imprisonnlent shall not be less than one year and such fineshall not be less than two thousand rupees;(iii) for a third and subsequent offeaces, with imprisonmentfor a term which may extend to four years and with fine:Provided that in the absence of special and adequate reakonsto the contrary to be mentioned in the judgment of the court,such impridonment shall not be less than two years and suchfine shall not be less than three thousand rupees.(2) If any person convicted of an offence under this Act commitsa like offence afterwards it shall be lawful for the court before whichthe second or subsequent conviction takes place to causp theoffender's name and place of. residence, the offence and the penaltyimposed to be published at the offender's expense in such newspapersor in such other manner as the court may direct. The expenses ofsuch-publication shall be deemed to be part of the cost attending the - -conviction and. shall be recoverable in the same manner as a fine.17. Offences by companies.-(I) Where an offence under this Acthas been committed by a company, every person who at the timethe offence was committed- was in charge of, and was responsible tothe company for the conduct of, the business of the company, aswell as the company, shall be deemed to be guilty of the offenceand shall be liable tn .he proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall renderany such person liable to any punishment provided in this Act if hepfoves that the offence was committed without his knowledge o?'that he exercised all due diligence to prevent the commission of .such offence.(2) Notwithstanding anything contained in sub-section (I), wherean -offence under this Act has been committed by ,a company and itis proved that the offence has been committed wi'th tEe' consent OF

@-OF 19541R~evenbion of Food Adulteration 159: 30. Cbgnizance and. trial of offences.-(1) No prosecution for an.offence under this Act shall be instituted except by, or with the/written consent of, the State Government or a local authority or aperson authorised in this behalf by the State, Government or a local.authority :Provided that a'prospcution for an offence uilder +this Act may.be instituted by a purchaser referred to in section 12, if he producesin court a copy oft the report of the public analyst along with thecomplaint.(2) No court inferior to that of a Presidency magistrate or amagistrate of the first class shall try any offence under this Act.21. Magistrate's power to impose enhanced penalties.-Notwithstandinganything contained in section 32 of the Code of CriminalProcedure, 1898 (Act V of 1898), it shall be lawful for any Presidencymagistrate or any magistrate of the first class to pass any sentence.authorised by this Act, in excess of his powers under section 32 ofthe said Code. 122. Protection of action taken in good faith.-No suit, prosecution.or other legal proceedings shall lie against any person for anythingwhich is in good faith done or intended to be done under this Act.23. Power of the Central Government to make rules,(l) TheCentral Government may, after consultation with the Committee-and subject to the condition of previous publication, make rules-(a) specifying the articles of food or classes of food for theimport of which a licence is required and prescribing the formand conditions of such licence, the authority empowered to issuethe same and the fees payable therefor;(b) defining the standards of quality for, and fixing thelimits of variability permissible in respect of, any article of food;(c) laying down special provisions for imposing rigorouscontrol over the production, distribution qnd sale of any article,or class. af articks of-food. which the Central Goverq-grrent may,- by notification in the Offrcial Gazette, specify in this behalf~ncluding registration of the premises where they are manufactured,maintenance of the premises in a sanitary condition andmaintenance of the healthy state of human beings associatedwith the production, distribution and sale of such article or class.of articles;(d) restricting the packing and labelling of any article offood and the design of any such package or label with a view topreventing the public or the purchaser being deceived or misled.as to the character, quality or quantity of the article;(e) dcfining the qualifications, powers and duties of food,inspectors and public anslysts;(f) prohibiting the sale or defining the conditions of sale of.any substance which may be injurious to health when used asfood or restricting in any manner its use as an ingredient in themanufacture of any article of food or regulating by the issue ofIicenceg the ma~ufactur,e, or sale of any a~ide oh food; -

160 , Prevention of Food Adulteration [ACT 3T(g) defining the conditions of sale or conditions for licenceof sale of any ariicle of food ip the interest of public health;(h) specifying the manner in which containers for samplesoffood purchased for analysis shall be sealed up or fastened up;* '(i) specifyjng a list of permissible preservatives, other thancommonsalt and sugar,% which alone shall be used in preserved:fruits, vegetables or their products or any other article of foode,/ as well as the maximum amounts of each preservative;(j) specifying the colouring matter and the maximumquantities thereof which may .be used in any article of food;(k) providing for the exemption from this Act or of anyrequirements contained therein and subject to such conditions,,I if any, as may be specified, of any article or class of articles 0%food; 4(1) prohibiting or regulating the manufacture, transport orsale of any article known to be used as an adulterant of food;r -(m) prohibiting or regulatmg-I8-(i) the addition of any water, oradulterant to any article of food;other diluent ok*(it) the abstraction of any ingredient .from any articleof food; . ,(iii) the sale of any article of food to which such addi--tion or from which such abs-traction has been made or ,whichhas been otherwise artificially treated;(iv) the mixing of two or more articles of food which are-'similar in nature or appearance,(n)providing for the destruction of such articles of food as:are not in accordance with the provisions of this Act or of the:.rules made thereunder.. (2) All rules made by the Central Government under this Act ,- , . shall, as soon as possible after they are made, be laid before bo&1. Housed of Pai:liament.24, Power of the. State '~svernmento make rules.--(l) The State.Government may, after consultation with the Committee and subject:, ;to the condition of previous publication, make rules for the purpose. .of giving effect to the provisions- of this Act in matters not falling;!. iwithin, the purview of section 23. 1(2) In particular, and without prejudice to the of the . 1foregoing power, such rules 'mayj(a) define the powers and duties of the Food (Health) Autho-.rity and local authority and jurisdiction of food inspectors and. I !;. ,public analysts; 1>!(b) prescribe the forms of licences for the manufacture for 5:7Isale, fqr the.'-storage,. for the sale and for the distribution ofIarticles of food or any specified article of food. or class of articles. , $of food, the form of application for such licences, the conditions..;- subject to which such licencci may be, issued, the. authoritg; 411'zjempowered"to';issaB~ the' same. and- the:.f ees payable 'therefor;. .Ii ,!-$j$j. I1

OF 19541 Prevention of Food Adulteratim 161 .(c) direct a fee to be paid for analysing any article of foodor for any matter for which a fee may be prescribed under thisAct;(d) direct that the whole or any part of the fines imposedunder this Act shall be paid to a local authority on realisation;(e) provide for the delegation of the powers and functionsconferred by this Act on the State Government or the Food(Health) Authority to subordinate authorities or to localauthorities.(3) All rules made by the State Governments under this Actshall, as soon as possible after they are made, be laid before therespective State Legislatures.25. Repeal and saving.-(1) If, immediately before the commencementof this Act, there is in force in any State to which this Actextends any law corresponding to this Act, that corresponding lawshall upon such commencement stand repealed.(2) Notwithstanding the repeal by this Act of any correspondinglaw all rules, regulations and bye-laws relating to the prevention ofadulteration of food, made under such corresponding law and in force ,1~mmediately before the commencement of this Act shall, exceptwhere and so far as they are inconsistent with or repugnant to theprovisions of this Act, continue in force until altered, amended orrepealed by rules made under this Act.-- No.[2nd October, 195411An Act to validate the levy, assessment and collection in the State*of Madhya Bharat of certain taxes on income and on profitsIof business due in respect of the *periods referred to in sub-section (I) of section 13 of the Finance Act, 1950:1BE it enacted by Parliament in the Fifth Year of the Republic ofIndia as follows :-1. Short title.-This Act may be called the Madhya Bharat Taxeson Income (Validation) Act, 1954.1089 M of F&A,II

2. Definitions.-In this Act, unless the context otherwiserequires,-(a) 'Finance Act' means the Finanoe Act, 1950 (XXV of1950) ;(b) 'relevant Madhya Bharat law' means any of the followinglaws which may be applicable in the circumstances of, aparticular case, that is to say,--(i) The Indore Industrial Tax Rules, 1927;(ii) The Indore Excess Profits Duty Order, 1944;(iii) The Gwalior War Profits Ordinance, Samvat 2001;and(iv) any law id force immediately before the commencement of the Finance Act in that part of the State of Madhya%BharAt which corresponds to the territory comprised in tihef6rrner Indian State of Ratlam, in so far as such law relatesto a tax on profits of business;(c) 'relevant period' means either of the periods referred toin sub-section (1) of section 13 of the Finance Act, according asthe tax is a tax on income on a tax on profits of business.3. Validation of action taken in connection with the levy, assessmentand collection of certain taxes on income.-Notwithstandinganything contained in the first proviso to sub-section (1) of section13 of the Finance Act, all proceedings taken, assessments made andIother acts-and things done (including orders made) by or before anyofficer, authority, tribunal or court acting or purporting .to act under ,tthe relevant Madhya Bharat law in connection with the levy, assess-. ment and collection of any tax due under any such law in respectof the relevant period shall be valid and shall be deemed alwaysto have been valid, and shall not be called in question on the groundonly that such proceedings were not taken, assessments were not~ade or acts or things were not done by or before the correspondingofficer, authority, tribunal or court referred to in the said proviso.4. Continuance of pending proceedings.-If, immediately beforethe commencement of this Act, any proceedings of the nature referredto in section 3 are pending before any officer, authority, tri.buna1or court acting or purporting to act under the relevant MadhyaBharat law, such proceedings may, notwithstanding anything containedin the first proviso to sub-section (1) of sectian 13 of theFinfince Act, be continued and completed in accordance with theprovisions of the relevant Madhya Bharat law, and the provisions ofthe said proviso shall not apply, and shall be deemed never to haveapplied, in relation to any such proceedings.

THE INDIAN TARIFF (SECOND AMENDMENT) ACT,I I954NO. 39 OF 1954[2nd October, 19%~' An Ace further to amend the Indian Tariff Act, 1934,1BE it enacted by Parliament in the Fifth Year of the Republic of Indiaas follows:-I. Short title.-This Act may be called the Indian Tariff (SecondAmendment) Act, I 954.2. Amendment of First Schedule to Act XXXII of 1934.-(1) TheFirst Schedule to the Indian Tariff Act, 1934 (hereinafter referred u as thesald Schedule) shall be amended in the manner specified in the Scheduleto this ,Act.-(2) The said Schedule shall further be amended as follows :-I- (a) in Items Nos. 28(18)(b), (c) and (d),64, 64(3), 64(4), 65(h)'66(a), 66(r), 67, 67(1), 67(2), 68,68(2), 69(2), 70, ~O(I)Y 70(4), 70(5)70(6), 70(9), 72(12-), 72(14),72(35), 72(36), 72(37), 73(16) and 82(3), in ithe last column headed "Duration of protective rates of duty", for theiword, figures and letters "December 31st, 1g54", wherever they ocoyIthe word, figures and letters "December 31st, 1955" shall be substituted;(b) in Items Nos. 8(3), 18, 20(3), 20(4), 20(8), 2o(g), 50(3), 70(2)i70(3), 73(17), 75(5), 75(6), 75(7) and 75(8), in the last column headed,"Duration of protective rates of duty", for the word, figures and letters"December yst, 1g54", wherever they occur, the word, figur'es and letters"December 3 st, 1956" shall be substituted;(c) in Item No. 60(7), in the last column headed "Duration of pro-.tective rates of duty" for the word, figures and letters "December 31st,1954"~ the word, figures and letters "December 31st, 1957" shall be substituted;(d) in Item No. 28(17), in the last column headed "Duration of protectiverates of duty" for the word, figures and letters "December ~~1st~1954':~ the word, figures and letters "December 31st, 1948" shall besubstituted;(e) for Item No. 71(7), the following Item shall be substituted,tnamely :-rc7~(7) Hurricane Lanterns9s(3) The amendment made in the said Schedule by clause (e) of subsecKion (2) shall come into force on the first day of January, 1955.163

In the %t Schedule to the Inditin T,ariff Act, 1934 (XX.11 of 1934),-THE SCHEDULE 1 GP[See section 2(1)](a) for Items Nos. 9(3), 9(4), 20, 20(1), 22(1), 22(2), 22(3), 28(14), 30(7), 32(1), 32(2), 40(2), 4% 44'71, 45(4)1 48(2)'48(6), 49(3), 52, 54, 60(2), 60(4), 71(1o), 75(1) and 84, the following items shall be 8ubst1tuted:-- 2I ', 53preferenria) me of duty if the Duration ofItem Name of article ' Nature of duty Standard rate article is the produce or protective YLVO. of duty manufacture of mtes of duty2The United A British GKingdom Colony --- - - m1 23 4 56 7 0- 3-Fz- -"9 (3) The following Spices, whether ground '.or Preferential 65 per cent. ad . . 574 per cent. . .?ground, namely :--cardamoms, cassla, Revenue . valorem. ad valorem.cmmamon, cloves, nutmegs and pepper.9 (4) The following unground spices, namely :- Preferential 65 per cent. ad\. . 574 per cent. . .FL.Chillies, ginger and mace. Revenue . ' valorem. ad valorem. 3 (D20 Vegetable product, pickles, chutnies, sauces, Revenue . 75 per cent. ad ' .. .. . 6ketchups and condiments,icanned or bottled.valorem.20 (I) Fruit juices, squashts, cordials and syrups Revenue . . 75 per cent. ad . . 65 per cenr. .d*,not otherwise specified. valorem. valvrem.;a2 (I) Cider- \ .(a) h barrels or other containers con- Revenue . . Rs. 2-6-3 per . .*taining 27 oz. or more. a mImperial gallon.S

&2)i(b) in bottles ,confabhg less than 27 oz. Revenue .but not less than.20 oz.(c) in bottles containing less ,than 133 Revenue .oz. but not less than 10 oz.(4 in bottles containing less than 6% Revenue .oz. but not less than 5 oz.(e) in other containers . . . . Revenue .Ale, beer, porter and other fermented liquorsnot otherwise specified :-(a) in barrels or other containers con- Revenue .taining 27 oz. or more.(b) in bottles containing less than 27 oz. Revenue .but not less than 20 02.. (c) in bottles containing less than 133 Revenue .oz. but not less than 10 oz.(4 in bottles containing less than 6% oz. Revenue .but not less than 5 oz.(e) in other containers, . . . . Revenue .22 (3) Wines, not containing more than 42 per cent.of proof spirit :-(a) champagne and other spakling wines. Revenue .(b),other sorts. .@%. . . RevenueD. 6t annas perbottle.. 33/16 annas. per bottle.. I anna 7H ps.. per bottle.. Rs. 3-3 per Imperialgallon.. Rs. 6 per Imperialgallon.. Re. I per bottle.. 8 . annas perbottle.. 4 annas perbcttle.. Rs. 8 per Imperialgallon.. Rs. 42 per Imperialgallon.. Rs. 24-4 ger Im-perial gallon.2Q (14) Toilet Requisites not otherwise specified Revenue . . 80 per cent. advalorem.30 (7) Lead pencils. . . . . . Re~enue. . 2 annas for every . . . . alength of 73inches or. partthereof or66% Percent. ad valoremwhicheveris higher.6e

ItemNo.Name of articlePreferential rate of dutv if thearticle is the pr6duce or Durafion ofNature of duty Standard rate manufacture of protectiveof duty - rates of dutyThe United A BritishKingdom Coleny ,---- -- ------,------,,i,,,,,,,,--I 2 3 4 5 6I ---- --- 7-----A_._12 (1) Soap, toilet . . . . . . -1Revenue . . Rs. 56 per Cwt. . . . . . . ~5Q32 (2) Soap, household and laundry . . . Revenue . . Rs. 21 per Cwt. . . . . . .3. *40 6) Furniture and cabinetware, not otherwise Revenue . . 663 per cent. . . . . . . 2specified, excluding rnouldbgs. ad etalorern. 442 Furnim of wicker work or bamboo . . Revenue . . 663 per cent. . . . . . . eQlad valorem. 10044 (7j Newspapas, old, packed in bales, bags or Revenue , . 663 per cent. . . . . . . 3% otherwige. ad valorem orRs. 16 perCwt., whicheverishigher.45 (4) Colourt 1 and copying pencils . . ,48 (2) Woollen fabrics, not otherwise specified,containing more than go per ce t. of wool,exdudhg . felt and fabrics mad? o?shoddgor waste wool.Revenue . . 2 an- for every ' . .length of 74inches orpart thereofor 665 perCent . advalorem, whicheverishigher.Revenue . ' . 665 per cent. . .ad valorem.sk3hQ$I\a2

Fabrics, not otherwise specified, containing Kevenue .no silk or artificial silk or not more than 10per cent. silk or 10 per cent. artificial silk,but containing more than 10 per cent. but .nor more than go per cent. wool.Blankets and rugs (other than floor rugs), Revenue .excluding blankets and rugs made whollyor mainly from artificial silk.Apparel, hosiery, haberdashery, millinery Revenue .and drapery, nor otherwise specified.Boots and shoes :-(a) adult's size . . . . . Revenue .(b) children's size (i.e. entire length of Revenue.the outer sole includingthe heel not exceeding 20centimetres)./-Electric lighting bulbs, not otherwise specified Revenue .Glass beads and false pearls . . Revenue .Safety razors and parts therefbr, 'includingblades :-(a) Safety razors and pacts therefor, not Revenue .otherwise specified.(b) Blades for safety razors . . . Revenue ., 668 per cent. . .ad valorem.. ' 66% per cent.ad valorem.,.. 80 per cent.ad valorem.. . Rs. 20 per pair. .. Rs. 5 per par. ... 30 per cent.ad valorem.75 () Motor cars, i~cludin taxi cabs, imported Revenue . . 75 per cent. ad . ..bcmpletely sssembHcd oalorem' orRs. 6,000 percar or cab,whichever 1shigher.-,. 40 per cent. . . . . . . fad . valorem3or 3 annasfper dozen,whlchevyr -is 8higher. 3. ..- a'W

GPreferential rate of duty if thearticle is the produce or Duration of: cem Name of articleNature of duty Standard rate manufacture of protectiveNo. of duty rates of dutyThe United A BritishKingdom Colony-- ------ --2-3 4 5 6 7 IW- 384 (a) Toys, games and requisites for games Revenue. . 75 per .cent. ad . . . . . . $3and sports (excluding fishing hooks). valorem. Rbid shot, toy cannons, air guns and3>air pistols for the time being excludedin any part of India from the opera- 3tion of all the prohibitions and direc- 3.tions contained in - the Indian ArmsaAct, 1878 and bows and arrows.n,, g2(b) Playing cards . . . . Revenue. . 80 per cent. ad . . . .valorem . or Re 0 taI/- per pack,whichever IS 8I higher.(b) the following Items shall be inseited 'in appropriate laces :- 2"45(6) Pen holder nibs, not otherwise specified . Revenue . . 663 per cent. .. ,. ..ad valorem. $(D60(8) Vacuum flasks . . . . . . Revenue . . 663 per cent. .. .. V3ad valorem orRs. 4 per flask,whichever is +higher.nHa- ---- W. .. . 9,n1'4P--

THE APPROPRIATION (NO. 3) ACT, 1954I, [Ath October, 19541An Act to autkiorise payment and appropriation of certain furthersums from and out of the Consolidated Fund of India forrhe service of rhe financial year 1954-55.BE it enacted by Parliament in the Fifth Year of the Republicof India as follows :-1. Short title.-This Act may be called the Appropriation (No. 3)Act, 1954.b2. Issue 'of Rs. 215,60,68,080 out of the Cansolidated Fund of In&for the year 1954-55.-From and out of the Consolidated Fund- ofIndia there may be paid and applied sums not exceeding those yspecified in column 3 of th3 Schedule amounting in the aggregateto the sum of two hundred and fifteen crores, sixty lakhs and sixtyeightthousand rupees towards defraying the several charges whichwill come in course of payment during the financial year 1954-55,in respect of the services specified in column 2 of the Schedule.3. Appropriation.-The sums authorised to be paid and appliedfrom and out of the Consolidated Fund oft India\by this Act shallbe appropriated for the Eervices and purposes expressed in theSchedule in relation to the said year.THE SCHEDULE(See sectioins 2,and 3)I--No.ofVote---2g233438 Miscellaneous Departmentsand Expenditure underI the Ministry of Finance2,Services and PurposesIndustries .Aviation .External Affairs .Currency .Sums not exceedingVoted by Charged onParliamentI Cons%datedFundRs.5,540oo. .50,00,m76,31,000.9,00,0003I --Rs...21,0(ro. .~,48,oooIJOOOTotalRs.5~50,00021,00050,00,-77379~0009~01~000I- 1I 691I 1II

1 70 Appropriatiov (No. 3) [ACT 40 OF 19541I'I 2-- ----3-"Sums not exceedingNo.of Vo~ed by Char ed on,Vote Services and purposes Parliament TotalConsolidatedFund- L -' 46 Civil veterinary Services . 5,059- . . S,OS,Q@J47 Miscellaneoue Departmentsand Expenditure underRs.the Ministry of Food andAgriculture . . IO,;rO,- . . 10,70,00057 Miscellaneous Departmentsand Expenditure underthe Ministry of Horn:'Affairs . 7,385000 . . 7,38,-71 Administration of Justice . 21,000 . . 21,00078 Scientific Research . 3,50,9@' . . 3?50,00083A Gvvernmcnt Callieries . 4,36s13,000 . . 4,36513,-86 Ewenditure on DisplacedPersons . . . 7,29,000 , . 7,29,-121 Lops and Advances by theCelltra/Government 17,9g,oo,w 25,5Or0O,000 43,49roo,ooo123 Purchases of Food-Grains . 131,1s,oo,ooo . . 131,15,0%000124 Other Capit81 Outlay of the .Ministry pf Food and Agri-' culture . 34,79,80,000 . . 34,79,80~0~130 Capital Outlay of the Ministryof Labour . 4,Qo,OOO .. 4,'33,000-138 New Delhi Capital Outlay . .. 9,OQO Q&W132 Capital Outlay of the Ministryof R O~UG~O~ 2,000 . .. 2,0001 TOTAL . 1g0,08,gg,- ZS~SZ,~~~OOO ~15,60,68,000- " -,-.Rs.Rs.An Act to provide for the extension af certain taxation laws tothe State of Janlmu and Rnshmir rind for uaatters connectedtherewith.

ACT^ 10~19~41 Taxation Laws (Extension to 'Jammu and Kashmir) 1718 E it enacted by Parliament in the Fifth Year of the \Republic ofIndia as follows: -1. ~h0-d title.-This Act may be called the Taxation Laws (Exten- 'sion to Jammu and Kashmir) Act, 1954.2. Extension of certain taxation laws to Jammu and Bashmir.-(1) The following Acts, namely:-(a) the Sea Customs Act, 1878 (VIII of 1878),(b) the Indian Income-tax Act, 1922 (XI of 1922),(c) the ~and'customs Act, 1924 (XIX of 1924),(d) the Government Trading Taxation Act, 1926 (I11 of 1926))(e) the Indian Tariff Act, 1934 (-11 of 1934),(f) the Central Excises and Salt Act, 1944 (I of 1944),(g) the Payment of Taxes (Transfer of Property) Act, 1949(XXII of 1949), and(h) the Estate Duty Act, 1953 (34 of 1953),tind all rules and orders made thereunder which are in force immediatelybefore the commencement of this Act are hereby extendedto, and shall be in force in, the State of Jammu and Kashmir.(2) With effect from the commenceLent of this Act, the Actsmentioned in the Schedule shall be amended as specified in column4 thereof.I(3) The Finance Act, 1951 (XXIII of 1951) and the First Schedulethereto, in so far as they have been made applicable in relation to \1income-tax and super-tax for the financial, year 1954-55 by the FinahceAct, 1954 (17 of 1!3'54), shall have effect as if the words "ex-eluding the State of Jammu and Kashmir" and the word, brackets,Ifigure and letter "or (3E)" had been omitted from Parts I and 11of the First Schedule to the Finance Act, 1951.(4) Sections 6 and 10 of the Finance Act, 1954 (17 of 1954)) whichimpose certain additional duties of customs and excise respectivelyshall apply to, and have effect in, the State of Jammu and Kashmir as 'they apply to, and have effect in, the rest of India.3. Continuance of existing duty on motor spirit for a certainperiod,-The Government of the State of Jammu and Kashrhir may .continue to levy and collect for a period of ten years from the 14thday of May, 1954, a duty at the rate of four annas per imperialgallon, or at such other lower rate per imperial gallon as the StateGovernment may, by notification in the Official Gazette, specify inthis behalf, on all motor spirit imported into the State otherwisethan in petrol tanks by a supplier in the State or by an authorisedagent on his behalf.4. Construction of references to laws not in 'force in Jammu ant3Kashmir.-Any reference in any Act mentioned in section 2 to alaw which Is not in force in the State of Jammu and Kashmir shall,in relation to that State, be construed as a reference to the corres- -ponding law, if any, in force in that.State.5. Repeals.-Save as otherwise provided in section 6, the following*laws are hereby repealed, namely_:- ,. -

172 Taxation Laws (Extension to Jammu and Kashmir) [ACT 41(a)' the Matches (Excise Duty) Act, Svt. 1992 (IV of Svt. 1992),(b) the Mechanical Lighters (Excise Duty) Act, Svt. 1992 (Vof Svt. 1992),(c) the Sugar (Excise Duty) Act, Svt. 2000 (VI of Svt. 2000),(d) the ~obacco (Excise Duty) Ordinance, Svt. 2001 (V of -Svt.bW1),(e) the Income-tax Act, Svt. 2007 (X of Svt. 2007), and(f) the Jammu and Kashmir Customs Act, Svt. 1958, with theexce~tion of the following provisions,. namely : -(i) section 25 in so far as it authorises the State Governmentto prohibit the importation or exportation of newspapersor books as defined in the Jammu and Kashmir State Pressand Publications Act of Svt. 1989,(ii) sections 25A, 25B and 25C, and(iii) any other provision contained in the said Act whichmay be necessary or relevant for the purpose of carrying intoeffect the provisions contained in the sections referred to insub-clauses (i) and (ii).6. Savings.-(I) Notwithstanding the repeal by section 5 of anyod the laws referred to therein-(a) the Jammu and Kashmir Customs Act, Svt. 1958, shallcsntinue to have effect for the purposes of the levy, assessment,collection or refund of the duty on motor spirit referred to insection 3, or the levy, assessment and collection of any duty duein respect of the import or export before the 14th day of May,1954, of any article into or from the State of Jammu and Kashmir,or for the purpose of imposing any penalty or for any otherpurpose whatsoever cdnnected with or incidental to any of thepurposes aforesaid;(b)' the Income-tax Act, Svt. 2007 (X of Svt. 2007), shall. continue to have effect for the purposes of the levy, assessmentand collection of income-tax and super-tax or for the purposesof any penalty, interest, composition-fee or any other demandunder that Act in respect of any period prior to the previous yearfor the purposes of assessment under the Indian Income-tax Act,1922 (XI of 1922), for the year ending on the 31st day of March,1955.(2) Without prejudice to the provisions contained in sub-section(I) and subject thereto, section 6 of the General Clauses Act, 1897 (Xof 1897), shall apply in relation to the repeal of any of the lawsreferred to in section 5 as if the law so repealed had been an enactmentwithin the meaning of section 6 of that Act.7. Construction of references in any repealed law to officers, authorities,etc.-Any reference in any law of the State of Jammu and. Kashmir now repealed by this Act to an officer, authority, tribunalor court shall, for the purpose of carrying into effect the provisionscontained in clause (b) of sub-section ( I) and sub-section (2) of section6, be construed as a reference to the corresponding officer, authority,,tribunal or court appointed or constituted by or under the

-OF 19541 Taxation Laws (Extension to Jammu and Kashmir) 173Corresponding Act, rule or order now extended to the State, and ifany question arises as to who such corresponding officer, authority,tribunal or court is, the decision of the Central Government thereonshall be final.- "8. emo oval .of difbculties.-~f any difficulty arises in giving effectto any of the provisions of any of the Acts, rules or orders nowextended to the State of Jamm,u and Kashmir, the Central Governmentmay, by order published in the Official Gazette, make such provisionor give such direction as appears to it to be necessafy forremoving the difficulty.THE SCHEDULE, . [See section 2(2)]-YearI---1878No.2-VIIIShort title3 .The SeaCustomsAct, 1878.Amendments4 ,--In section I, omit "except the State of Jammu and Kashmir".In section 3, omit clause (ee).The IndianIncome-taxAct, 1922.In section I, for sub-section (2), substitute-"(2) It extends to the whole of India."In section 2, for clause (7A), substitute-"(7A) 'Indian company' means a company as defined inthe Indian Companies Act, 1913 (VII of 1913), and includesa company formed and registered under any law in forcein the merged territories or in any Part B State otherthan the State of Jammu and Kashmir before the extensionthereto of the Indian Companies Act, 1913, aniin the case of the State of Jammu and Kashmir, any companyformed and registered under any law in force in that State:provided that the registered office of the company in allcases is in the faxable territories".In clause (8), after the words "Central Government",insert "or in the State of Jammu and Kashmir, the StateGovernment". -In clause (I@),-(a) in sub-clause (4, omit the word "and" at the end;(b) after sub-clause (e), insert-"(f) as respects any period after the 12th day of April,1954, the whole of the territory of India";(c) after clause (b) of the proviso, insert-"(c) the whole of the territory of India-(13 as respects any period, for the purposes of sections4A and 4B;(ii) as respects any period after the 31st day of March1954, for any of the purposes of this Act; and(iiz3 as respects any period included in the previousyear, for the purpose of making any assessnient forthe year ending on the 3:st day of March, 1955, orfor any subsequent year.,

174Year No. Short titleI 2 3--1924,92619341944-Taxation Laws (Exte~1sion to Jammu and Kahmir) [ACT 41 OF 19541,XIX,111XXX'IIThe LandCustomsAct, 1924.Amendments4.---In section.4, in Bx~lanation 4 to sub=section (I), omit "otherthan the State of Jammu and Kashrnir".In settion-7, omit sub-section (2).In sectiori 14, in sub-secfion (21,-(13 omit the word "or" at the efid of clause (b); and(ii) omit clause (c).In section 24, in sub-section (I),- "(13 omit the first proviso; andfii) in the second proviso, omit the word "further" ;In Sub-SZctiotl (z), omit clause (a) of the proviso.In sec,tion 49,A, in clause Ca),~mithe words "with the Governmentof the State of Jamrnu and Kashmir or" a23 for thewords "in that State or in that country, as the case may be"substitute "in that country".Itl section 49B, in sub-section (z), omit "other than the Govemmentof Jarnmu and Kashmii".In the proviso to section 60A, for the words and figQfes ''afterthe 3rst day of March, 1955". substitute "in the case dfmerged territories and Part B State$ other than the State ofJa-u and Kashmir, after the 31st day of March, Ig 5,and, in the case of the State of Jamrnu and Kashm~r, a X er .the 31st day of March, 1959".In section 61, in sub-section Cz), in clause (iv) (a), after thewords "Jammu and Kashmir", lrtsert Vor before the 14thday of May, 1954, in the State of Jammu and Kashmir".In section^, omit "except the.State of Jammu and Kashmir".The Gdvern- In section 2, in sub -section (3), omit "and 'India' means themefit Trad- territory of India excluding the State of JanunU anding Tngarion Kashmir".Act,1926.The IndianTariff A&,1934.The CentralExcises andSalt Act,1944.In section I, in sub-section (2), omit LLexcept the State ofJammu and Kashmir".In section I, in sub-section (2), omit '"except the State ofJammu and Kashmir".In section 2, omit clause (ee)Omit section 5In section 37, in clause (iii) of sub-section (z), omit "thebringing of excisable goods in~o India from the State ofJammu and Kashmir, or"In section I, in sub section (z), omit

THE ADxf NISTRATION OF EVACUEE PROPERTY(AMENDMENT) ACT, 1954. NO. 42 bF 1954,I I [8th October, 19541An Act to abrogate the evacuee property law in respect ~f personswho have done or do any act on or after the 7th day of May1954 which if done before that date would' have renderedthem subject to that law and to amend the Administrationof Evacuee Property Act, 1950 for that purpose and certain,other purposes.BE it enacted by Parliament in the Fifth Year of the Republic ofIndia as follows:-1. Short title.-This Act may be called the Administration ofEvacuee Property (Amendment) Act, 1954.2, Amendment of sectien 4, Act XXXI of 1950.-Section 4 of theAdministration of Evacuee Property Act, 1950 (hereinafter referredto as the principal Act) shall be renumbered as sub-section (1)thereof, -and after the sub-section'as so re-numbered, the followingsub-section shall be inserted, namely:-"(2) For the refnoval of doubts, it is hereby declared thatnothing in any other law controlling the rents of, or evictions- from, any property shall apply, or be deemed ever to 'haveapplied, to evacuee property:3. Amendment of section 7, Act XXXI of 1950.-In section 7 ofthe principal Act, after 'sub-section (I), the following sub-sectionshall be inserted and shall be deemed always to have been inserted,namely : -"(IA) Where dyring the pendency of any prbceeding undersub-section (1) for declaring any property ta be evacuee propertyany person interested in the property dies, the proceeding shall,unless the Custodian otherwise directs, be continued and disposedof as if such person were' alive."4. Insertion of new section ?A in Act XXXI of 1950.-After section7 of the principal Act, the following section shall be inserted,namely : -,"7A. Property not to be declared evacuee property on or aftervh May, 1954.-Notwithstanding anything contained in thisAct, no property shall be declared to be evacuee property on orafter the 7th day of May, 1954:to-Provided that nothing contained in this section shall applyI75

176 Administration of Evacuee Property (Amendment) [A& 42-(a) any property in respect of which proceedings arepending on the 7th day of May, 1954 for declaring such propertyto be evacuee property; and.(b) the property of any person who, on account of thesetting up of the Dominions of India and Pakistan or onaccount of civil disturbances or the fear of such disturbanceshad left on or iifter the 1st day of March, 1947, any place nowforming part of India, and who on the 7th day of May, 1954,was resident in Pakistan:Provided further that no notice under section 7 for declaring. any property to be evaccuee property with reference to clause (b3of the preceding proviso shall be issued after the expiry of sixmonths from the commencement of the Administration ofEvacuee Property (Amendment) Act, 1954.Explanation I.-A person shall be deemed ,to have beenpresident in Pakistan on the 7th day of May, 1-954, within themeaning of clause (b) of the first proviso, if he was ordinarilypresiding in Pakistan before that date, notwithstanding that hewas temporarily absent from Pakistan on that date.Explanation II.-A person who had left India for Pakistanbefore the 7th day of May, 1954, on the authority of a passportor any other valid travel document issued by any competentauthority in India, and who was temporarily residing in Pakistanon that date, shall not be deemed to have been resident inPakistan on that date within the meaning of clause (b) of the first.=+ proviso.'- Explanation III.-A person who had left Pakistan for Indiaon or after the 18th day of July, 1948, and who was in India onthe 7th day of May, 1954, shall, unless,he came to India under avalid perm3 for permanent return or for permanent resettlement,asued under the Influx from Pakistan (Control) Act, 1949 (XXIIIof 1949), be deemed to have been resident in Pakistan on the 7thday of May, 1954, within the meaning of clause (b) of the firstproviso."5. Amendment of section 12, Act XXXI of 1950.-In section 12 ofthe prlncjpal Act, in sub-section (I),--(a) in clause (b) of the proviso, the word 'or' shall be addedat the end and after that clause, the following clause shall beinserted, namely : -"(c) has failed to pay rent in accordance with the termsof the lease.";(b) after the proviso as so amended, the fdllowing Explanationshall be inserted and shall be deemed always to have beeninserted, namely : -''fixplanation.-In this sub-section, 'lease' includes alease granted by the Custodian and 'agreement' includes anagreement entered into by the Custodian."6. Amendment of section 16, Act XXXI of 1950.-In section 16 ofthe, principal Act,-4

af 19541 Administration of Evacuee Property (Amendment) 177R(a) after sub-sectidl (I), the following sub-section shall beinserted, namely:-"(1A) No application made under sub-section (1) shallbe entertained unless-(a) before making the application, the applicant hasfiled all appeals and revision applications permissibleunder this Act against the order declaring the propertyof the evacuee to be evacuee property and the CustodianGeneral has made a final order in the case; and(b) the application is made within sixty days of.the final order of the Custodian General:Provided that any such application by an evacuee whomigrated to West Pakistan from the State of Uttar Pradeshduring the period between the 1st day of February, 1950 andthe 31st day of May, 1950 and who is permitted toreturn to India for permanent re-settlement may be enterta,inedif it is made within sixty days of the return of theevacuee to India:Provided further that nothing contained in this subsectionshall apply to. an application under sub-section (I)which is pending on the commencement of the Administrationof Evacuee Property (Amendment) Act, 1954.Explanation.-In this sub-section, the expression-Custodian General' shall include a Deputy CustodianGeneral and an Assistant Custodian General.";(b j to sub-section (3), the following Explanation shall be-added at the end, namely: -"Explanation.-For the purpose of the proviso to this subsection,an allotment shall be deemed to be a lease and sh.allhave effect against the person to whom restoration is made..to the same extent and in the same manner as if it were alease.""I Amendment of section 27, Act =I of 1950.-In section 2T of%he principal Act, after sub-section (I), the following sub-section,shall be inserted, namely:-"(1A) The Custodian General, a De,puty Custodian Generalor an Assistant Custodian General may after giving notice to theIparties concerned review his own order."8. AmermdmenE of section 40, Act XXXf.of 1950.-In section 40.of the principal Act, in sub-section (I), after the words and figures'14th day of August, 1947', the words and figures 'but before the 7thday of May, 1954' shall be inserted.9. Amendment of section 48, Act XXXII of 1950.-Section 48 of theprincipal Act shall be renumbered as sub-section (1) thereof and'alter the _sub-section as, so renumbered, the following sub-sectionshall be inserted, namely:- /~€189 M of Law. ,

P fiL1178 Administration d ' of Evacyee P~operty (Amendment) A C T ~ ~ O F I ~ ~ ~ ]" (2) For the purpose of sub-section (I), the decision of theCustodian as to the sum due to the State Government or to theCustodian shall be final."10. Retrospective operation of certain amendments.-The amendmentsmade in the principal Act by section 4 and section 8 of thisAct shall be deemed to have come into force on the 7th day of..May, 1954.-SECTIONSTHE SPECIAL MARRIAGE ACT, 1954No. 43 1954ARRANGEMENT OF SECTIONSCHAPTER :dPRELIMINARY1. Short title, extent and commencement.2. Definitions.3. Marriage Officers.CHAPTER I1I74. Conditions relating to solemnization of special marriages.5. Notice of intended marriage.6. Marriage Notice Book and publication.7. Objection to marriage.8. Procedure on receipt of objection.9. Powers of Marriage Officers in respect of inquiries.10. Procedure on receipt of objection by Marriage Officer abroack11. Declaration by parties and witnesses.12. Place and form of solemnization.-13. Certificate bf marriage.14. New notice when- marriage not solemnized within three?months.CHAPTER 111 !15. Registration opf marriages celebrated in _other forms.16. Procedure for registration. \17. Appeals from orders under section 16.18. Effect of registration of marriage under thisChapter.

Special Mahiage .CHAPTER IVCONSEQUENCES OF MARRIAGEUNDER THIS ACT19. Effect of marriage on member of undivided family.20. Rights and disabilities not affected by Act., 21. Succession to property of parties married under Act.CHAPTER VRESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION22. Restitution of conjugal rights.23. Judicial separation. ICHAPTER VI I ,\NULLITY OF MARRIAGE AND DIVORCE.I24. Void marriages. 25. Voidable marriages.126. ~egitimac~ of children of void .and voidable marriages.I27. Divorce.! 1I28. Divorce by mutual consent.29. ~estriction on petitions for divorce during first three yearsafter marriage.30. Remarriage of divorced persons.CHAPTER VIICPJURISDICTTON AND PROCEDURE1'31. Court to which petition should be made.32. Contents and, verification of petitions.33. Proceedings may be in camera.34. Duty of court in passing decrees.35. Relief to respondent on petition for divorce.36. Alimony pend'ente lite.37. Permanent alimony and maintenance.38. Custody of Children.39.'Enforcement of and appeal from decrees and ord;. ;.40. Application of Act V of 1908.41. Power of High Court to make rules regulating procedure.CHAPTER. VIII.MISCELLANEOUSI42. Saving.43. Penalty on married person marrying again under this Act.44. Punishment of bigamy.1it

-P/-Specia:l Marriage [ACT 4345. Penalty for signing false declaration or certificate.46. Penalty for wrongful action of Marriage Oscer.47. Marriage Certificate Book to be open to inspect;?48. Trsi%srnission of copies of entries in marriage records.49. Correction of errors.50. Power to make rules.51. Repeals and savings.THE FIRST SCHEDULE.Tm SECOND SCHEDULE.THE THIRD SCHEDULE. . a'THE FOURTH SCHEDUL~.THE FIFTH SCHEDULE.THE SPECIAL MARRIAGE ACT, 1954 .w--- -----__ _ _- -_ ---NO. 43 - OF L 1954bC-\~b*- . d\ A+ [Sth October, 19541-1-An A n to provide a special form of marriage in certain caies, forthe registration of such and certain other marriages and fdrdivorce.BE it enacted by Parliament in the Fifth Year of the Republic ofIndia as follows: -CHAPTER IPRELIMINARY -1. Short title, extent and commencem~nt.-(1) This Act may becalled the Special Marriage Act, 1954.(2) It extends to the whole of India except tlie State of Jammuand Mashmir, and applies also to citizens of India domiciled in theterritories to which this Act extends who are outside the said territories..I- (3) It shall come into force on such dakte, as the Central Gove-mmentmay. by notification in the Official Gazette, appoint.2. Defini-ions.-In this Act, unhss the context otherwiserequires,- !(a) "consular officer" mealis a consul-general, consul, vice- 1consul, pro-consul or copsular agent;i !(b) "degrees of prohibited relationship"-a man and any of Ithe persons mentioned in Part I of the First Schedule and awoman and any of the persons mentioned in Part I1 of the said \Schedule-are within the degrees of prohibited relationship:Explanation I.-Relationship includes,- !(a) relationship by half or uterine blood as well as by 4full blood;I/flc. 19% Fz; ~ ~.3,p,24Jb- . $r 4. /-1-/9sq ,,;A ,+L.~.- .., 3k6,d- 17-/~-J-%$~.fJ~~~~dL1-\1II

. OF 19541 Special ~arria~e . 181- (b) illegitimate blood relationship as well as legitimate;(cj relationship by adoption as well as by blood;! and'all terms of relationship in this Act shall be construeda.ccordingly.1 Explanation 11.-"Full blood" and "half blood"-two personsare said to be related to each other by full blood whenthey are descended from a common ancestor by the same wifeand by half blood when they are descended from a common' ancestor but by different wives. L+Explanation 111.-"Uterine blood"-two persons are said tobe related to each other by uterine blood when they are descendedfrom a common ancestress but by different husbands.Explanat'ion IV.-In explanations I1 and 111, "ancestor" in-, cludes the father and "ancestress" the mother.(c) "diplomatic officer" means an ambassador, envoy,minister, charge d' rzffazres, high commissioner, commissioner or. other diplomatic representative, or a counsellor or secretary of anembassy, legation or high commission;(d) "district", in relation to a Marriage Officer, means thearea for which he is appointed as such under sub-section (I) orsub-section (2) of section 3; *(e) "district court" means the principal civil court of originaljurisdiction, and where there is a city civil court that court;(f) "prescribed" -.means prescribed by rules made under thigAct;1--II- 3. Marriage Officers.-(1) For the pcirposes of this Act, the StateGovernment may, by notificatioh in the Official Gazette, appoint oneor more Marriage Officers for the whole or any part of the State.(2) For the purposes of this Act in its application to citizens ofIndia domiciled in the territories to which this Act extends who areoutside the said territories, the Central Government may, by notificationin the Official Gazette,-*(a) in the case of the State of Jammu and Kashmir, specifysuch officers of the-Central Government as it may think fit tobe the Martiage Officers for-the State or any part thereof; and(b) in the case of any other country, place or area, appointsuch diplomatic or consular officers as it may think fit to be theMarriage Officers for the country, place or area.pbCHAPTER I1! SOLEMNIZATION OF SPECIAL M~RRIAGES4. Conditions relating to solemnization of special marriages.-Notwithstandinganything contained in any other law for the time beingi

182 Special Marriage [ACT 43 .in force relating to the solemnization df marriages, a marriage betweenany two persons may be solemnized under this Act, if at thetime of the marriage the following conditions are fulfilled, namely:--(a) neither party has a spouse living;(b) neither party is an idiot or a lunatic;(c) 'the male has completed the age of twenty-one years andthe female the age of eighteen years;(d) the parties are not within the degrees of prohibited relationship;and(e) where the marriage is solemnized outside the territoriesto which this Act exten* both parties are citizens of India domiciledin the said territories.5. Notice of intended marriage.-When a marriage is intended tobe solemnized under this Act, the parties to the marriage shall givenotice thereof in writing in the form specified in the Second Scheduleto the Marriage Officer of the district in which at least one of theparties to the marriagehas resided for a period of not less than thirtydays immediately preceding the date on which such notice is given.6. Marriage Notice Book and public'ation .-(1) The MarriageOfficer shall keep all notices given under section 5 with the records ofhis officl? and shall also forthwith enter a true copy of every suchnotice in a book prescribed for that purpose, to be called the MarriageNotice Book, and such book shall be open for inspection at all reasonabletimes, without fee, by any desirous of inspecting thesame.(2) The Marriage Officer shall cause every such notice to be publishedby affixing a copy thereof to some conspicuous place in his. office.(3) Where either of the parties to an intended marriage is notpermanently residing within the local limits of the district of theMarriage Officer to whom the notice has been given under section 5,the Marriage Officer shall also cause-a copy of such notice to hf:transmitted to the Marriage Officereof the district within whpselimits such party is permanently residing, and that Marriage Officershall thereupon cause a copy thereof to be affixed to some conspicuousplace in his office.4. Objection to marriage.-(1) Any person may, before the expirationof thirty days from the date on which any such notice has beenpublished under sub-section (2) of section 6, object to the marriageon the ground that it would contravene one or more of the conditions8specified in section 4.,(2) After the expiration of thirty days from the date on whichnotice of an intended marriage has been published under sub-section(2) of section 6, the marriage may be solemnized, unless it has beenpreviously objected to under sub-section (1).(3) The naturk of the objection shall be recorded in writing bythe Marriage Officer in the Marriage Notice Book, be read over andexplained, if necessary, to the person making the objection and shdlbe signed by him Or on his behalf.

QF 19541 Special Marriage 183' '8. Procedure- on receipt of objection.-(I) If an objection is mad;.under section. 7 to an intended marriage, the Marriage Officer shallnot solemnize the m.arriage until he has inquired into the matter ofthe okjection' and is satisfied that it ought not to prevent the solem--nization of the marriage or the objection is withdrawn by the person.-making-it; but the Marriage Officer shall not take more than thirty-days from the date of the objection fior the purpose of inquiring into:the matter of the objection and arriv~ng at a decision.(2) If the Marriage Officer upholds the objection and refuses tosolemnize the marriage, either party to the intended marriage may,within a period of thirty days from the date of such refusal, preferan appeal to the district court within the local limits of whose juris-"diction the Marriage Officer has his office, and the decision of the districtcourt on such appeal shall be final, and the Marriage Officershall act in conformity with the decision of the court.9. Powers of Marriage Officers in respect of inquiries.-(I) For the,purpose of any inquiry under section 8, the Marriage Officer shallhave all the powers vested in a civil court under the Code of CivilProcedure, 1908 (Act V of 1908), when trying a suit in respect ofthe following matters, namely: -(a) summoning and enforcing the attendance of- witnesses'.and examining them on oath;(b) discovery and inspection;(c) compelling the prodgction of documents;(d) reception of evidence on affidavits; and(e) issuing commissions for the examination of witnesses;:and any proceediilg before the Marriage Officer shall be deemed tobe a judicial proceeding within the meaning of section 193 of theIndian Penal Code (Act XLV of 1860).Explanation.-For the purpose of enforcing the attendance of any;person to give evidence, the local limits of the jurisdiction of theMarriage Officer shall be the local limits of his district.(2) If it appears to the Marriage Officer that the objection made-to an intended marriage is not reasonable and has not been made ingood faith he may impose on the person objecting costs by way ofcompensation not exceeding one thousand rupees and award thewhole or any part thereof to the parties to the intended marriage, andany order for costs so made may be executed in the same manner asa decree passed by the district court within the local limits of whosejurisdiction the Marriage Officer has his office.10. Procedure on receipt of objection by Marriage Officer abroad.-Where afi objection is made under section 7 to a Marriage Officeroutside the territories to which this Act extends in respect of anintended marriage outside the said territories and the MarriageOfficer, after making such inquiry into the matter as.he thinks fit,entertains a doubt in respect thereof, he shall not solemnize themarriage but shall transmit the record with such statement respecttngthe matter as he thinks fit to the Clentral Government, and theCentral Government, after making such inquiry into the matter andafter obtaining suck advice as it thinks fit, shall give its decislon

,l84 . Special Marriage [ACT 43thereon in writing to the Marriage Officer who shall act in confor-.mity with the decision of the Central Government.11. DeclaEation by parties and witnesses.-Before the marriage is.,solemnized the parties and three witnesses shall, in the presence ofthe Marriage Officer, sign a declaration in the form specified in theThird Schedule to this Act, and the declaration shall be countersignedby the Marriage Officer.12. Place and form of solemnization.-(1) The marriage may besolemnized at the office of the Marriage Officer, or at such other place- .within a reasonable distance therefrom as the parties may desire, an&upon such conditions and the payment of such additional fees as maybe prescribed.(2) The marriage may be solemnized in any form which the partiesmay choose to adopt:Provided that it shan not be complete and binding on the parties,..unless each party says to the other in the presence of the lylarriage-Officer and the three witnesses and in any language understood bytheparties,-"I, (A), take thee (B), to be my lawful wife (or husband)."13. Certificate of marriage.-(1) When the Marriage has beemsolemnized, the Marriage Officer shall enter a certificate thereof iathe form sp~cified in the Fourth Schedule in a book to be hpt by himfor that purpose and to be called the Marriage Certificate Book an&such certificate shall be signed by the parties to the marriage and the.three witnesses.(2) On a certificate being entered in the Marriage Certificate Bookby the Marriage Officer, the Certificate shall be deemed to be conclusiveevidence of the fact that a marriage under this Act has beemsolemnized and that all formalities respecting the signatures of witnesseshave been complied with.14. New notice when marriage not solemnized within threemonths.-Whenevera marriage is not solemnized within three cakndarmonths from the date on which notice thereof has been given to-.the Marriage Officer as required by section 5, or where an appeal bps-. been filed under sub-section (2) of section 8, within three monthsfrom the date of the decision of the district court 'on such appeal or,where thz record of a case hac been transmitted to the Central Governmentunder section 10, within three months from the date ofrdecision of the Central Government, the notice and all other procezd-.ings arising therefrom shall be deemed to have lapsed, and no Mar-. riage Officer shall solemnize the marriage until a new notice has bee931 given in the manner laid down in this Act.CHAPTER 111REGISTRATION OF MARRIAGES CELEBRATED 1N OTHER FORMS15. Registration of marriages celebrated in other forms.--Anymarriage celebrated, whether before or after the commencement ofzthis Act, other than a marriage solemnize'd under the Special Marria%?--.Act, 1872 (111 of 1872), or under thi's Act, may be registered under-

OF 19541 Special Marriage 185 ,this Chapter by a Marriage Officer in the territories to which this Actextends if the following conditions are fulfilled, namely:-(a) a ceremony of marriage has been performed betmeen theparties and they have been living together as husband and wife"ever since;(b) neither party has at the time of registration more thanone spouse living;(c) neither party is an idiot or a lunatic at the time of registration;(d) the parties have completed the age of twenty-one yearsat the time of registration;(e) the parties are not within the degrees of prohibited relationship:.Provided that in the case of a marriage celebrated before the 'commencermnt of this Act, this condition shall be subject toany law, custom or usage having the force of law governing eachof them which permits of a marriage between the two; and(f) the parties have been residing within the district of theMarriage Officer for a period of not less than thirty days immediatelypreceding the date on which the application is made tohim for registration of the marriage.16. Procedure for registration.-Upon receipt of an applicationsigned by both the parties to the marriage far the registration of theirmarriage under this Chapter, the Marriage Officer shall give publicnotice thereof in such manner as may be prescribed and after allowinga period of thirty days for objections and after hearing any objectionreceived within that period, shall, if satisfied that all theconditions mentioned in section 15 are fulfilled, enter a certificate ofthe marriage in the Marriage Certificate Book in the form specikd inthe Fifth Schedule. and such certificate shall be signed by the partiesto the marriage and by three witnesses.17. Appeals from orders under section 16.-Any person aggrieved8~ by any order of a Marriage Officer refusing to register a marriageunder this Chapter may, within thirty days from the'date of theorder, appeal against that order to the district court within the locallimits of whose jurisdiction the Marriage Officer has his office, andthe decision of the district court on such appeal shall be final, and theMarriag~ Officer to whom the application was made shall act in conformitywith such decision.18. Effect of registration of marriage under this chapter.-subjectto the provisions contained in sub-section (2) of section 24, where .a certificate of marriage has been finally entered in the MarriageCertificate Book under this Chapter, the marriage shall, as from thedate of such entry, be deemed to be a marriage solemnized underthis Act, and all children born after the date of the ceremony ofmarriage (whose names shall also be entered in the Marr-iage CertificateBook) shall in all respects be deemed to be and always €0have been the legitimate children of their parents:

1 186 Special MarriageI. .provided that nothing contained in this section shall be construed .as conferring upon any such childrenany rights Kn or to the property:of any .person other than their parents in --any case where, but for thepassing of this Act, such children would have been incapable of .jpossessing or acquiring any such rights by reason of their 'not being'the legitimate children of. their parents.. .CHAPTER IV1.I ';-CONSEQUENCESOF MARRIAGEUNDER THIS ACT '! 19. .Effect of marriage on member of undivided family.-The1 ':marriage solemnized under this Act of any member of an undivided.ifami.1~ who professes the Hindu, Buddhist, Sikh or Jaina religion.shall be deemed to effect his severance from such fami.1~.1 20. Rights and disabilities not affected by Act.-Subject to theIs of section 19, any person whose marriage: is solemnized. . prOvisiT;under t Act, shall have the same rights and shall be subject to the.same disabilities in regard to the right of succession to any property.as a person to whom the Caste Disabilities Removal Act. 1850 (XXI.of 1850) applies. . .I- 21. S~~ccession to property of parties married under Act.-Not-withstanding any restrictions contained in the Indian Succession Act,1925 (XXXIX of 1925), with respect to its application to members/-of certain communities, succession to the property of any personwhose marriage is solemnized under this Act and to the property.of the issue of such marriage shall be regulated by the provisions.of the said Act and for the purposes of this section that Act shallhave efiect as if Chapter I11 of Part V (Special Rules for ParsiIntestates) bad been omitted therefrom.CHAPTER V.''22. Restitlation of conjugal rights.-When either the husband or-the wife has, without reasonabLe excuse, withdrawn from the societyof the other, the aggrieved party may apply by petition to the districtcourt for restitution of conjugal rights, and the court, on beingsatisfied of the truth of the statements made in such petition, andthat there is no legal ground why the application should not be"granted, may decree restitution of conjugal rights accordingly.23. Judicial sepal'ation.-(1) A petition for judicial separation may\be presented to the district court either by thk husband or the wife,-(a) on any of the grobnds specified' in section 27 [other thanthe grounds specified in clauses (i) and (j) thereof] on whicha petition for divorce might have been presented; or ,(b') on the ground of failure to comply with a decree forrestitution of conjugal rights;.anti the court. on being satisfied of the truth of the statements madein siich petition, and that there is no legal ground why the applicationshould not be granted, may decree judicial separation accordingly.1 r-

ISpecial Marriage(2) Where the court grants a decree for judicial separation, itshall be no longer obligatory for the petitioner to cohabit with therespondent, but. the court may, on the application by petition ofeither party and on being satisfied of the truth of the statementsmade in such petition. rescind the decree if it considers it just andreasonable to do so.CHAPTER VI24. Void marriages.--(I) Any marriage solemnized under this Act-shall ,be null and void and may be so declared by a decree of nullityif-(i) any of the conditions specified in clauses (a), (b), (c) and(d) of section 4 has not been fulfilled: or(ii) the respondent was impotent at the time of the marriageand at the time of the institution of the suit.(2) Nothing contained in this section ahall' apply to any marriagedeemed to be solemnized under this Act within the meaning of section18, but the registration of any such marriage under Chapter I11may be declared to be of no effect if the regfstration was in contraven-&ion of any of the conditions specified in ckuses (a) to (e). of sectionie.Provided that no such declaration shall be made in any case wherean appeal has been preferred under section 17 and the decision ofthe district court has become final.25. 'voidable marriages-Any marriage solemnized under thisAct shall be voidable and may be annulled by a decree of nullityif-(i) the marriage has not been consummated owing to thewilful refusal of the respondent to consummate the marriage; or(ii) the respondent was at the time of the marriage pregnantby some person other than the .petitioner; or(iii) the consent of either party to the marriage was obtainedby coercion or fraud, as defined in the' Indian Contract Act,1872 (IX of 1872) :Provided that, in the case specified in clause (ii), the court shallnot grant a decree unless it is satisfied,-(a) that the petitioner was at the time of the marriage 'ignorant of the facts alleged;\(b) that proceedings were instituted within a year from thedate of the marriage; and(c) that marital intercourse with the consent of the petri-.tioner has not taken place since the discovery by the petitionerof the existence of the grounds' for a decree:Provided further that in the case specified in clausecourt shall not grant a decree if,-(hi), the.

II188 Special Marriage(a)proceedings have not been instituted within one yearafter the coercion had ceased or, as the ,case may be, ihe fraudhad been discovered; or(b) the petitioner has with his or her free consent livedwith the other party to the marriage as husband and wife afterthe coercion had ceased or, as the caq may be, the fraud hadbeen discove~ ed. -26. Legitimacy of children of void and voidable marriages.- -Wherea decree of nullity is granted in respect of any marriage under section44 or section 25, any child begotten before the decree is made who.would have been the legitimate child of the parties to the matriage .if it had been dissolved instead of being declared to be null and voidor annulled by a decree of nullity shall be deemed to be their legitimatechild notwithstanding the decree -of nullity :Provided that nothing contained in this section shall be construedas conferring upon any child of a marriage which is declared to be .null and void or annulled by a decree-of nullity any rights in or bthe property of any person other than the parents in any case where,but for the passing of this Act, such child would have been incapableaf possessii~g or acquiring.any such rights bg reason of his not beingthe legitimate child of his parents.27. Divorce.-Subject to the provisions of this Act and to the rulesmade- thereunder, a petition for divorce may be presented to thedistrict court either by the husband or the wife on the ground thatthe respondent-(a) has since the solemnization of the marriage committedadultery; of(b) has deserted the petitioner without cause for a period- ofat least three years immediately preceding the presentation ofthe petition; or(c) is undergoing a sentence of imprisonment for sevenyears or more for an offence as defined in the Indian Penal Code' (Act XLV of 1860) : .Provided that divorce shall not be granted on this ground,unless the respondent has prior to the presentation of the petitionundergone at least three years' imprisonment out of the , said*period of seven years; or(d) has since the solemnization'of the marriage treated the' petitioner with cruelty; or(e) has been. incurably of unsound mind for a continuousperiod of not less than three years immediately preceding thepresentation of the petition; or(f) has for a period of not less than three gears immediatelypreceding the presentation of the petition been suffering fromvenereal disease in a communi;cable form, the disease not havingbeen contracted from the petitioner; or(g) has for a period of not less than three years immediatelypreceding the presentation of the petition been suffering fromleprosy, the disease not having been contracted from fie -pet&tioner; or

OF 19541 Special Mar~iage 189(h) has not been heard of as being alive for a period of sevenyears or more by those persons who would naturally have heardof the responerlt if the respondent had been alive; or(i) has not resumed cohabitation for a period af two yearsa upwards after the passing of a decree for judicial separationagainst the respondent; or(j) has failed to comply with a decree for restitution of conjugalrights for a period of two years or upwards after the passinof the decree against the respondent;and by the wife on the ground that her husband has, since thesolemnization of the marriage, been guilty of rape, sodomy or'bestiality.*28. Divorce by mutual consent.-(1) Subject to the provisionsof this Act and to the rules made thereunder, a petition for divorcemay be presented to the district court by 'both the parties togetheran the ground that they have been living separately for a period ofone year or more, that they have not been able to live together andthat they have mutually agreed that the marriage should be dissolved.(2) On thae m~tion of both the parties made not earlier than oneyear after the date of the presentation of the petition referred to insub-section (1) and not later than two years after the said-date, if thepetition is not withdrawn in the meantime, the district court shall,on being satisfied, after hearing the parties and after making suchinquiry as it thinks fit, that a marriage has been solemnized underthis Act and that the averments in the petition are true, pass a decreedeclaring the marriage to be dissolved with effect from the date ofthe decree.29. Restriction on petitions for divorce during first three yearsafter nnarriage.-(1) No petition for divorce shall be presented to thedistrict court unless at the date of the presentation gf the petitionthree years have passed since the date of entering the certificate ofmarriage in the Marriage Certificate Book:Provided that the district court may, upon application being madeto it, allow a petition to be presented before three years have passedon the ground that the case is one of exceptional hardship suffered bythe petitioner or of exceptional depravity on the part of the respondent,but if it appears to the district court at the hearing of thepetition that the petitioner obtained leave to present the petitionby any misrepresentation or concealment of the nature of the case,the district court may, if it pronounces a decree, do so subjectto the condition that the decree shall not have effect" until afterthe expiry of three years from the date of the marriage or maydismiss the petition, without prejudice to any petition, which may bebrought after the expiration of the said three years upon the same, orsubstantially the same, facts as those proved in support of thepetition so dismisseu. %(2) In disposing of any application under this section for leave topreserit a petition for divorce hefore the exnirat.ion of three yearsTn3m the date of the marriage, the district court shall have regard to-:I ..i5.-

190 Special Marriage [ACT 43.the interests of any children of the marriage, and to the questionwhether there is a reasonable probability of a reconciliation betweenthe parties .before the expiration of the said three years.30. Remarriage of divorced persons.-Where a marriage has beendissolved by a decree of divorce, and either there is no right of appealagainst the decree or if there is such a right of appeal, the time forap ealing has expired without having been presknte 'ap$55YkaS-~n preated but has been dismissed, and one gbzelapsed thereafter but not sooner, either party;to the marriage maymarry again.! CHAPTER VII31. Comt to which petition should be made.-(1) Every petitionunder Chapter V 01- Chapter VI shall be presented to the districtcourt within the local limits of whose jurisdiction the marriage wassolemnized dr the husband and wife reside or last resided together.(2) Without prejudice to any jurisdiction exercisable by the courtunder sub-section (I), the district court may, by virtue of this subsection,entertain a petition by a wjfe domiciled in the territories towhich this Act extends for nullity of marriage or for divorce if sheis resident in the said territories and has been ordinarily residenttherein for a period of three years irrlmediately preceding thepresentation of the petition and the husband is not resident in thesaid territories.- - -32. Contents and verification of petitions.-(1) Every petition- under Chapter V or Cha~ter VI shall state, as distinctly as the .nature of the case permits, the facts on which the claim to relief ,'is founded, and shall also state that th~ere is no collusion betweenthe petitioner and the other party to the marriage.8 '(2) The statements contained in every such petition shall be verifiedby the petitioner or some other competent person in the mannerrequired by law for the verification of plaints, and may, at the hearing,be referred to as evidence.33. Proceedings may be in camera.-A proceeding under this Actshall be conducted in camera if either party thereto so desires or ifthe district court so thinks fit to do.34. Duty of court in passing decrees.-(1) In any procreedingunder Chapter V or Chapter VI, whether defended or, not, if the .court is satisfied that,-(a)' any of the grounds for granting relief exists; and(b) where the ground of the petition is adultery, the petitionerhas not in any manner been accessory to or connived.at orcondoned the adultery, or, where the ground of the petition iscruelty, the petitioner has not in any manner condoned thecruelty'; and(c) when divorce is sought on the ground of mutual consent,, such consent has not been obtained by force, fraud or undueInfluence;' and

cOF 19541Special Marriage(d) the petition is not presented or prosecuted in collusipnwith the respondent; and(e) there has not been any unnecessary or i

"'192 Special Marriage [ACT 43wishks wherever possible, and may, after the decree, upon applicationby petition for the purpose, make, revoke, suspend or vary, fromtime to time, all such orders asd provisions with respect to the.custody, maintenance and education of such children as might havebeen made by such decree or interim orders in case the prmeedingfor obtaining such decree were stilI pending.39. En orcement of and appeal from decrees and orders.--Alldecrees a 6 d orders made by the court in any proceeding underChapter V or Chapter VI shall be enforced in like manner as thedecrees and orders of the court made in the exercise of its originalcivil jurisdiction are enforced and may be appealed from under thelaw for the time being in force:Provided that every such appeal shall be instituted within aperiod of ninety days from the date of the decree or'order.40. Application of. Act V of 1908.-Subject to the other provisionscontained in this Act, and to such ~ules as the High Court may makein this behalf, all proceedings under this Act shall be regulated, asfar as may be, by the Code of Civil Proceduns, 1908 (Act V of 1908).41. Bower of High Court to make rules regulating procedure.-(I) The High Court shall, by notification in the Official Gazette, .make such rules consistent with the provisions contained in this Actand the Code of Civil Procedure, 1908 (Act V of 1908), as it mayconsider expedient for the purpose of carrying into effect the provisionsof Chapters V, VI and VII.(2) In particular, and without prejudide to the generality of theforegoing provision, such rules shall provide for,-(a) the impleading by the petitioner of the adulterer as a ,co-respondent on a petition for divorce on the ground of adultery,and the circumstances in which the petitioner may be excusedfrom doing so;(b) the awarding of damages against any such co-respondent2(c) the intervention in any proceeding under Chapter V orChapter VI by any person not already a party thereto;- (d) the form and contents of petitions for nullity of marriage- or for divorce and the payment of costs incurred by parties tosuch petitions; and-(e) any other matter for which no provision or no sufficientprovision is made in this, Act, and for which provision is madein the Indian Divorce Act, 1869 (IV of 1869).CHAPTER VIIlI*42. Saving.-Nothing contained in this Act shall affect the validityof any marriage not solemnized under its provisions; nor shall thisAct be deemed directly or indirectly to affect the validity of anymode of contracting marriage. -43. Penalty on married person marrying again under this Act.-Savs as otherwise provided jr, Chapter 111, every person Lwho, being

-IC'.OF 19541 Special Marriage 193-at the time married, procures a marriage of himself or herself to besolemnized under this Act shall be deemed to have committed anoffence under section 494 or section 495 of the Indian Penal Code(Act XLV of 1860), as the case may be, and the marriage so solemnizedshall be void.44. Punishment of bigamy.-Every person whose marriage issolemnized under this Act and who, during the lifetime gf his or herwife or husband, contracts any other marriage shall be subject to thepenalties provided in section 494 and section 495 of the Indian PenalCode (Act XLV of 1860), for the offence of marrying again duringthe lifetime of a husband or wife, and the marriage so contractedshall be void.45. Penalty for signing false declaration or certificate.-Everyperson making, signing or attesting any declaration or certificaterequired by or under this Act containing a statement which is falseand which he either knows or believes to be false or does. not believeto be true shall be guilty of the offience described in section 199 ofthe Indian Penal Code (Act XLV of 1860).46. Penalty for wrongful action of Marriage Officer.-AnyMarriage Officer who knowingly and wilfully solemnizes a marriageunder this Act-(I) without publishing a notice regarding such marriage asrequired by section 5, or(2) within thirty days of the publication of the notice ofsuch marriage, or(3) in contravention of any other provision contained in thisAct,shall be punishable with simple imprisonment for a term which mayextend to one year, or with fine which may extend to five hundredrupees, or with both.47. Marriage Certificate Book to be open to inspection.-(I) TheMarriage Certificate Book kept under this Act shall at all reasonabletimes be open for inspection and shall be admissible as evidence ofthe statements therein contained.(2) Certified extracts from the Marriage Certificate Book shall, onapplication, be given by the Marriage Officer to the applicant on pay-ment by him of the prescribed fee.148. Transmission of copies of entries in marriage records.-EveryMarriage Officer in a State shall send to the Registrar-General ofBirths, Deaths and Marriages of that State at such intervals and insuch form as may be prescribed; a true copy of all entries made byhim in the Marriage Certificate Book since the last of such,intervals,and, in the case of Marriage Officers outside the territories to whichthis Act extends, the true copy shall be sent to such authority as theCentral Government may specify in this behalf.49. Correction of errors.-(I) Any Marriage Officer who discoversany error in the form or substance of any entry in the MarriageCertificate Book may, within one month next after the discovery 'of such error, in the presence of the persons married or, in case oftheir death or absence, in the presence of two other credible -witnesses, cor~ect the error by entry in the margin without any1089 M of Law''--- -- -.-

I ' 194 Special' Mafridge [ACT 43altefation of the original entry and shall sign the marginal entry andadd thereto the date of such correction and the Marriage OEcer shallmake the like marginal entry in the certificate thereof.I(2) Every correction made under this section shall be attested bythe witnesses in whose presence it was made.(3) Where a copy of any entry has already been sent under sectionI48 to the Registrar-General or other authority the Marriage Officershall make and send in like manner a separate certificate of theI original errorleous entry and of the marginal corrections therein1 made.50. Bower to make rules.-(1) The Central Government, in thecase of diplomatic and consular officers and other offkers *of theCentral Government, and the State Government, in all other cases,may, by notification in the Official Gazette, make rules for carryingout the purposes of this Act.(2) In particular, and without prejudice to the generality of thefofegoing power, such rules may provide for all or any of the followingmatters, namely: -(a). the duties and powers of Marria

OF 1-9-9541 Special Marriage 195(3) The provisions of sub-section (2) shall be without prejudiceto the provisions ccmtained in section 6 of the General Clauses Act,1897 (X of 1897)' which shall also apply to the repeal of the correspondinglaw as if such corresponding law had been an enactment.ITHE FIRST SCHEDULE[See section 2 (b) "Degrees of prohibited relationship"]PART I1. Mother2. Father's widow (step-mother)3. Mother's mother4. Mother's father's widow (step grand-mother)5. Mother's mother's mother6. Mother's mother's father's widow (step great grand-mother)7. Mother's father's mother8. Mother's father's father's widow (step great grand-mother)9. Father's mother10. Father's father's widow (step grand-mother)11. Father's mother's mother12. Father's mother's father's widow (step great grand-mother)13. Father's father's mother14. Father's father's father's widow (step great grand-mother)15. Daughter16. Son's widow17. Daughter's daughter18. Daughter's son's widow19. Son's daughter20. Son's son's widow21. Daughter's daughter's daughter22. Daughter's daughter's son's widowa23. Daughter's son's daughter24. Daughter's son's son's widow25, Son's daughter's daughter26. Son's daughter's son's widow27. Son's son's daughter28. Son's son's son's widow29. Sister30. Sister's daughter, -31. Brother's daughter32. Mother's sister33. Father's sister34. Fath~r's brother's daughter111IIbL-

I196 Special Marriage35. Father's sister's daughter36. Mother's sister's daughter37. Mother's brother's daughter.Explanation,-For the purposes of this Part, the expression"widow" includes a divorced wife.1. Father I2. Mother's husband (step-father)3. Father's father -4. Father's mother's husband (step grand-father)5. Father's father's father6. Father's father's mother's husband (step great grand-father)17. Father's mother's father,8. Father's mother's mother's husband (step great grandfather)9. Mother's father10. Mother's mother's husband (step grand-father)11. Mother's father's father12. Mother's father's mother's husband (step great grand-father)- 13. Mother's mother's father14. Mother's mother's mother's husband (step great grandfather)15. Son16. Daughter's husband17. Son's son18. Son's daughter's husband19. Daughter's son20. Daughter's daughter's husband21. Son's son's son22. Son's son's daughter's husband23. Son's daughter's son I24. Son's daughter's daughter's husband25. Daughter's son's sbn26. Daughter's sqn's daughter's husband27. Daughter's daughter's son28. Daughter's daughter's daughter's husband29. Brother30. Brother's son31. Sister's son32. Mother's brother33. Father's brother34. Father's brother's son35. Father's sister's son.I

I' iOF 19541 Special Marriage 19736. Mother's sister's son37. Mother's brother's son.EqZanation.--For the purposes of this Part, the expression "husband"includes a divorced husband.THE SECOND SCHEDULE(See section 5)Marriage Officer for the ..................District.WE hereby give you notice that a marriage under the SpecialMarriage Act, 1954, is intended to be solemnized between us withinthree calendar months from the date hereof. IName Condition Occupation Age well in^ . Permanent Lengthof:place dwelling lace residenceif present swellingplace not permanent-. -. -.- .. -.-.A.B.C.D.unmarriedWidowerDivorceeUnmarriedWidowPDivorceeWitness our hands this.. .......................................day of. .............. .19 .(Sd.) A.B.,(Sd.) C.D.,ITHE THIRD SCHEDULE(See section 11)LI, A.B., hereby declare as follows:-1. I am at the present time unmarried (or a widower or a'divorcee, as the case may be).2. I have completed. .............years of age.3. I am not related to C.D. (the bride) within the degrees ofprohibited relationship.4. I am aware that, if any statement in this declaration is false,ahd if in making such statement I either know or believeit to be.false or do not believe it to be true,, I am liableto imprisonment and also to fhe.(Sd.) A.B. (tho Bridegroom)

I -108 .. Special Marrizqge [ACT 43DECLARATIONI, C.D., hereby declare as follows:-TO BE MADE BY THE BRIDE1. I am at the present time unmarried (or a widow or a,divorcee, as the case may be).I 2. I have completed .....................,...... .......years of age.3. I am not related to A.B. (the bridegroom) within the degreesof prohibited relationship.4. I am aware that, if any statement in this declaration is false,and if in making such statement I either know or believeit to be false or do not believe it to be true, I am liableto imprisonment and also to fine.? (Sd.) C.D. (the Bride).iiSigned in our presence by the above-named A.B. and C.D. Sofar-as we are aware there is no lawful impediment to the marriage.i (Sd.) G.H. 1. (Sd.) 1.J. 1 Three witness.(Sd.) K.L. ICountersigned E.F.,Marriage Officer.Dated the day of 19THE F-OURTH SCHEDULE(See Section 13)I, E.F., hereby certify that on the dayof 19 , A.B. and C.D.*"Herein before me and that each of them, in my presence and in the presencegive of three witnesses who have signed hereunder, made the declerationsarticuj,f required by section 11 and that a marriage under this ' Act wasthe solemnized between them in my presence.parties.(Sd.) E.F.,Marriage Oficer for(Sd.) A.B.,Bridegroom(Sd.) C.D.,Bride(Sd.) G.H. r(Sd.) I.J. { Three witnesses ,(Sd.) K.L. 1Dated the day of I9 .

OF 19541Special Marri~geTHE FIFTH SCHEDULE(See section 16)I, E.F., hereby certify that A.B. and C.L).* appeared before me *Hereinthis day of give19 and that each of them, in my presence pa*icl:"and in the presence of three witnesses who have signed liereunder, '7;:have declared that. a ceremony of marriage has been performed pardes.between them and that they have been living together as husbandand wife since the time of their marriage, and that in accordancewith their desire to have their marriage registered. under this Act,the said marriage has, this.day of 19 been registered under thisAct, having effect as frond(Sd.)E.F., .Marriage Wcer for(Sd.) A.B.,Husband.(Sd.) C.D.Wife.(Sd.) G. H. Ci(Sd.) I.J. { Three witnesses.(Sd.) K.L.Dated the day of 19 .THE DISPLACED PERSONS ' (COMPENSATION ANDREHABILITATION) ACT, 1954No. 44 OF 1954ARRANGEMENT OF SECTIONSCHAPTER I s-2- J - ~ A ~PRELIMINARY \SECTIONS -)%f! --- --@-- "-- - __-" -1. Short title. I2. Definitions.CHAPTER I1PAYMENT OF COMPENSATION AND REHABILITATION GRANTS TODISPLACED PERSONS3. Appointment of Chief Settlement Commissioner, etc., 4. Application for payment of compensation.

200 Displaced Persons (Compensation and Rehabilitation) [ACT 44.5. Determination of public dues by Settlement Officers.6. Relief to certain banking companies.7. Determination of the amount of compensation.8. Form and manner of payment of compensation.9. Payment of compensation in cases of disputes.10. Special procedure for payment of compensation in certaincases11. Rehabilitation and other grants to displaced persons.. CHAPTER I11COMPENSATION POOL FOR PURPOSES OF. PAYMENT OF COMPENSATION ANDREHABILITATION GRANTS TO DISPLACED PERSONS12. Power to acquire evacuee property for rehabilitation ofdisplaced persons.13. Compensation for evacuee property acquired under this Act.14. Compensation pool.15. Exemption of property in compensation pool from processesof courts.16. Management of compensation pool.17, Functions and duties of managing officers and managingcorporations.18. Dissolution of Managing Corporation.19. Power to vary or cancel leases or allotment of any propertyacquired under this Act.20. Power to transfer property out of the compensation pool.21. Recovery of arrears.CHAPTER IVAPPEAL, REVISION AND POWERS OF OFFICERS UNDER THE ACT.22. Appeals to the Settlement Commissioner.23. Appeals to the Chief Settlement Commissioner.24. Power of revision of the Chief Settlement Commissioner.25. Review and amendment of orders.26. Powers of officers appointed under this Act, etc.27. Finality of orders.CHAPTER Vt 28. Power to transfer cases.29. Special protection from ejectment to certain classes ofpersons.- 30. Exemption from arrest.31. Advisory Board.C32. Power to give directions.33. Certain residuary powers of Central Government.

f-1-IOF 19541 Displaced Persons (Compensation and Rehabilitation ) 2011 34. Delegation of powers.35. Penalty./36. Bar of jurisdiction.37. Officers appointed under the Act to be public servants.38. Protection of action taken in good faith.39. Validation of certain action taken before the commencementof the Act.40. Power to make rules.THE SCHEDULEI& .L&h(jdc Lh-f--- IT-..- - -- - --THE DISPLACED PERSONS (COMPENSATION ANDREHABILITATION) ACT, 1954- ____I__-/[9th October, 19541An Act to provide for the payment of cornpensation and reha-, bilitation grants to displaced persons and for matters connectedtherewith.BE it enacted by Parliament in the Fifth Year of the Rep~blic ofIndia as follows :-CHAPTER I1. Short title.-This Act may be called, the Displaced Persons .(Compensation and Rehabilitation) Act, 1954.2. Definitions.-In this Act, unless the context otherwise requires,-fa) "compensation pool" means the compensation pool constitutedunder section 14;(b) "displaced person" means any person who, on account ofthe setting up of the Dominions of India and Pakistan, or on accountof civil disturbances or the fear of such disturbances in anyarea now forming part of West Pakistan, has, after the first dayof March, 1947, left, or been displaced from, his place ofresidence in such area and who has been subsequently residingin India, and includes any person who is resident in any placenow forming part of India and who for that reason is unable orhas been rendered unable to manage, supervise or control any'immovable property belonging to him in West Pakistan, andalso includes the successors-in-interest of any such person;(c) "evacuee property" means any property which has beendeclared or is deemed to have been declared as evacuee property

1202 Di3placed Persons (Compensation and Rehabilitatio?~) [AT 44under the Administration of Evacuee Property Act, 1950 (XXXIof 1950);(d) "public dues" in relation to a displaced person, includes-(i) arrears of rent in respect of any property allotted orleased to the displaced person by the Central Governmentor a State Government or the Custodian;(ii) any amount recovkrable, whether in one lump sumor in instalments, from the displaced person on account ofloans granted to him by the Central Government or a StateGovernment or the Rehabilitation Finance Administrationconstituted under the Rehabilitation Finance AdministrationAct, 1948 (XI1 of 1948), and any interest on such loahs;(iii) the amount of purchase money or any part thereofand any interest on such amount or part remaining unpaidand recoverable from the displaced person on account oftransfer to him by the Central Government or a State Governmentof any property or any interest therein;(iv) any otLer dues payable to the Central Government,a State Government or the Custodian which may be declaredby the Central Government, by notification in the OfficialGazette, to be public dues recoverable from the displacedperson;(e) "verified claim" means any claim registered under theDisplaced Persons (Claims) Act, 1950 (XLIV of 1950) in respectof which a final order has been passed under that Act or ilnderthe Displaced Persons (Claims) Supplementary Act, 1954 (12 of1954) but does not include-(i) any such claim registered in respect of propertyheld in trust for a public purpose of a religious or charitablenature; -(ii) except in the case of a banking company for thepurpose of sub-clause (i) of clause (b) of sub-section (3)of section 6, only-(a) any such claim made by or on behalf of anycompany or association, whether incorporated or not;(b) any such claim made by a mortgagee or otherperson holding a charge or lien on immovable propertybelonging to a displaced person in West Pakistan;(f) "prescribed" means prescribed by rules made under thisAct;(g) "West Pakistan" means the territories of Pakistan ex.eluding the Province of East Bengal and includes the tribal areasof Tochi and Kurram and such other tribal areas adjoining theNorth-West Frontier Province as may be specified in this behalfby order of the Central Government;[h) all other words and expressions used but not define6 inthis Act and defined in the Administration of Evacuee PropertyAct, 1950 (XXXI of 1950) have the meanings respectively assignedto them in that Act.

OF 19541 Displaced Persons ( Compensation and Rehabilitation) 203CHAPTER I1PAYMENT OF COMPENSATION AND REHABILITATION GRANTS TO DISPLACEDPERSONS3. Appointment of Chief Settlement Commissioner, etc.-(1)The Central Government may, by notification in the Official Gazette,appoint a Chief Settlement Commissioner, a Joint Chief SettlementCommissioner, a Deputy Chief Settlement Commissioner and as .many Settlement Commissioners, Additional Settlement Commissioners,Assistant Settlement Commissioners, Settlement Officers,Assistant Settlement Officers and managing officers as may be necessaryfor the purpose of performing the functions assigned to themby or under this Act and may, by general or special order, providefor the distribution or allocation of wo~k to be performed by themunder this Act.(2) Subject to the provisions of the Act, the Joint ChiefSettlement Commissioner, the Deputy Chief Settlement Commissionerand all Settlement Commissioners, Additional SettlementCommissioners, Assistant Settlement Commissioners, SettlementOfficers, Assistant Settlement Officers and managing officers shallperform the functions assigned to them by or under this Act underthe general superintendence and control of the Chief SettlementCommissioner.4. Application for payment of compensation.-(1) The CentralGovernment shall, from time to time, but not later than the thirtiethday of June, 1955, by notification in the Official Gazette, requireall displaced persons having a verified claim to make applicationsfor the payment of compensatio'n and any such notificationmay be issued with reference to displaced persons residing in anyState or in any one of a group of States.(2) Every displaced person who, by a notification issued undersub-section (I), is required to make an application for the paymentof compensation shall make such application in the prescribedform to the Settlement Officer having jurisdiction, within three .months of the date of the notification:Provided that the Settlement Officer may entertain any suchapplication after the expiry of the said period of three months, i4he is satisfied that the applicant was prevented by sufficient causefrom filing the application in time.(3) An application for the payment of compensation under thissection shall contain the following particulars, namely:-- \(a) the name and address of the apphcant;(b) the amount of the verified claim;(c) the encumbrances, if any, on the property to which the.verified claim relates;(d) the form in which the applicant desires to receive com-' pensation;, (e) the amount, if any, of the public dues recoverable fromthe appii~ant;

204 Diiplaced Persons (Compensation and Rehabilitation) [ACT 44(f) the property, if any, allotted or leased to the applicantby the Central Government .or a State Government or by theCustodian;(g) such other particulars as may be prescfiied.(4) Any notification issued by the Central Government beforethe commencement of this Act requiring displaced persons of anyclass or description to make applications for the payment of compensation,shall be deemed to have been issued under this sectionand all applications for compensation made in pursuance of anysuch notification shall be deemed to have been made under thissection and any proceeding in relation to any such application pendingat the commencement of this Act shall be disposed of in accordancewith the provisions of this Act:Provided that a displaced person who has made an applicationfor payment of compensation before the commencement of this Act,may within one month of such commencement intimate in writing tothe officer or authority to whom the application was made or to thesuccessor-in-office of any such officer or authority, the form in whichhe desires to receive the compensation.5. Determination of public dues by Settlement Officers.-On re.ceipt of an application under section 4, the Settlement Officer shall,after making an inquiry in such manner as may be prescribed, passan order determining the amount of public dues, if any, recoverablefrom the applicant and shall forward the application and the recordof the case to the Settlement Commissioner.6. Relief ti certain banking companies.--(1) Where a debt due toa banking company is secured by a mortgage, charge or lien on anyimmovable property belonging to a displaced person in West' Pakistanin respect of which compensation is payable under this Act andsuch mortgage, charge or lien was subsisting at the date when theclaim of the banking company was registered under the DisplacedPersons (Claims) Act, 19'50 (XLIV of 1950), the banking companyshall be entitled to relief in accordance with the provisions of thissection.I- (2) Where the displaced person is entitled to receive compensatioqin respect of any such property as is referred to in sub-section.(I), the banking company shall be entitled,-- (a) if the compensation to the displaced,'person in respectof such property is payable in cash, to receive such amount asbears to the total debt, the same proportion as the compensationpayable to the displaced person bears to :he value of the verifiedclaim of the displaced person in respect of such property;(b) if the compensation to the displaced. person is payablein the form of transfer of any property from the compensationpool, then subject to a prior charge under sub-section (3) of section20, to a second charge on such property for the arnm.intwhich would have been payable to the banking company underclause (a) if the displaced-person had been paid compensationin cash;

OF 19541 Displaced Persons ( Compensation and Rehabilitation) 205(c) if the compensation to the displaced person is payablein any other form, to such relief as the Settlement Officer,having regard to the principle specified in clause (a) or clause(b), may determine.(3) For the purposes of this section,-(a) the expression 'banking company' means any of thedisplaced banks specified in the Schedule and includes any' otherbanking company which, before the fifteenth day of August, 1947carried on the business of banking, whetfier wholly or partiallyin any area now forming part of West Pakistan, and which theCentral Government may, having regard to the dislocation ofsuch business on account of the partition of the country, bynotification in the Official Gazette, specify in this behalf;(b) the expression 'total debt' means,-(i)' where the banking company has preferred a claimunder the Displaced Persons (Claims) Act, 1950 (XLIV of .1950) and the claim has,been verified, the amount of theverified claim, subject to such adjustment as the SettlementOfficer, having regard to the provisions of the DisplacedPersons (Debts Adjustment) Act, 1951 (LXX of 1951) apphcableto secured debts, may make;(ii) where the banking company has preferred suchclaim but the claim has not been verified, such amount asthe Settlement Officer, having regard to the provisions ofthe Displaced Persons (Debts Adjustment) Act, 1951 (LXX,of 1951) applicable to secured debts, may determine.7. Determination of the amount of compensation.-(i) On receiptof an application for payment of compensation together with therecord of the case forwarded under section 5, the Settlement Commissionershall make an inquiry in such manner as may be prescribedand having due regard to the prescribed scales of compensation, thenature of the verified claim and other circumstances of the case,shall ascertain the amount of compensation to which the dpplicant isentitled.(2) On ascertaining the amount of compensation to which anapplicant is entitled under sub-section (I), the Settlement Commissionershall deduct therefrom the following dues recoverable fromthe applicant, in the order of priority mentioned below:-(a) the amount, if any, of the public dues recoverable fromthe applicant under section 5;(b) the amount, if any, payable to a banking company under ,section 6, and the amount, if any, of the prior charge declaredunder sub-section (3) of section 16 of the Displaced Persons ., (Debts Adjustment) Act, 1951 (LXX of 1951) in respect of whichany communication is received from any tribunal under section52 of that Act;(c) where any coinmunication is received from any tribunalunder section 52 of the Displaced Persons (Debts Adjustment). Act, 1951 (LXX of 1951) in respect of any unsecured debts, uheC -

i206 Displaced Persons (Compensation and RBhab4litntion) [ACT 44amount of such debts payable by the applicant in accordancewith the provisions of that Act.(3) After-deducting the dues referred to in sub-section (2), theSettlement Commissioner shall make an order determining the netamount of compensation, if any, payable to the applicant.(4) The amount, if any, deducted under sub-section (2) &all bepaid to the person entitled to it.8. Form and manner of payment of compensation.-(1) A displacedperson shall be paid out of the compensation pool the amountof net compensation determined under sub-section (3) of section '7as being payable to him, and subject to any rules that may be madeunder this Act, the Settlement Commissioner or any other officer orauthority aufhorised by the Chief Settlement Commissioner in thisbehalf may make such payment in any one of the following formsor partly in one and partly in any other form, namely :-I1IIIIIIIIIII(a) in cash;(b) in Government bonds;(c) by sale to the displaced person of any property from thecompensation pool and setting off the purchase money againstthe compensation payable to him;(d) by any other mode of transfer to the displaced person ,of any property from the compensation pool and setting off thevaluation of the property against the compensation payable tohim;(e) by transfer of shares or debentures in any company orcorporation;(f) in such other form as may be prescribed.(2) For the purpose of payment of compensation under this Act, 'the Central Government may, by rules, provide for-all or any of thefollowing matters, namely :-(a) the classes of displaced persons to whom compensationmay be paid;(b) the scales according to which, the form and mgnner inwhich: and the instalments by which, compensation may-be paidto different classes of displaced persons;(c) the valuation of all property, shares arid debentures to,be transferred to displaced persons;(d) any other matter which is to be, or may be, prescribed.9. Payment of compensation in cases of disputes.-Where thereis any dispute as to the person or persons who are entitled to thecompensation (including any dispute as to who are the successors-ininterestof any deceased claimant to compensatioh) or as to theapportionment of compensation among persons entitled thereto, such .I. dispute shall, after such enquiry as may be prescribed be decided-II1(a) where the value of the verified claim does not exceedtwenty thousdnd rupees, by the Settlement OfficerL;i I 1 . .

. OF 19541 Displaced Persons ( Compensation knd Rehabilitation) 207(b) where the value of the verified claim exceeds twentythousand rupees, by the Settlement Commissioner:Provided that the Settlement Officer or the SettlementCommissioner, as the case may be, may refer any such disputeto the District Judge nominated in this behalf by the StateGovernment, whose decision thereon shall be final.10. Special procedure for payment of compensation in certaincases.-Where any immovable property has been leased or allottedto a displaced person by the Custodian under the conditions 'published-(a) by the notification of the Government of Punjab in theDepartment of Rehabilitation No. 4891-S or 4892-S, dated the 8thJuly, 1949; or(b) by the notification of the Government of Patiala andEast Punjab States Union, in the Department of RehabilitationNo. 8R or 9R, dated the 23rd July, 1949, and published in theOfficial Gazette of that State, dated the 7th August, 1949,and such property is acquired under the provisions of this Act andforms part of the compensation pool, the displaced person shall, solong as the property remains vested in the Central Government,continue in possession of such property on the same conditions onwhich he held the property. immediately before the date of theacquisition, and the Central Government may, for the purpose ofpayment of compensation to such displaced person, transfer to himsuch property on such terms and conditions as may be prescribed.Explanation.-For the removal arf doubts, it is hereby declaredthat the notifications of the Government of Patiala and East PunjabStates Union Nos. 7R, RR and 9R, dated the 23rd July, 1949, andpublished in the Official Gazette on the 7th August, 1949, purportingto have been made under the provisions of the Patiala and EastPunjab States Union Evacuees (Administration of Property,) Ordinance,2006 (Ordinance No. XI11 of 2006) shall be deemed to have beenissuedunder the provisions of the Patiala and East Punjab StatesUnion Administration of Evacuee Property Ordinance, a006 (OrdinanceNo. XVII of 2006) ahd the said notifications shall not be invalidand shall be deemed-never to have been invalid merely by reasonof the ,fact that they were expressed to have been issued under theprovisions of the said Ordinance No. XI11 of 2006, and anything doneor any action taken (including any lease or allotment granted ormade) under the provisions of the said notifications shall, notwithstandingany defect in, or invalidity of, ,the said notifications, be 'deemed for all purposes to have been validly done or taken as if thesaid notifications were issued under the provisions of the aforesaidOrdinance No. XVII of 2006 and this section were in .force on theday on which such thing was done or action was taken.Lll. fiehabilitation and other grants to displaced persons.-(1)! ?'he Central Government may, for the relief and rehabilitation ofdisplaced persons, direct payment of any rehabilitation grant orbther gral;lt out of the compensation pdbl to a displaced person, undkr such conditions and to such extent and in such form LandImanner as may be prescribed.1'

208 Displaced Persons (Compensation and Rehabilitation) [ACT 44(2) All payments made before the commencement of this Act bythe Central Government in respect of maintenance allowance todisplaced persons shall be deemed to have been validly made undersub-section (1) and shall be recoverable by the Central Governmentout of the compensation pool.CHAPTER I11COMPENSATION POOL FOR PURPOSES OF PAYMENT OF COMPENSATION ANDREHABILITATION GRANTS TO DISPLACED PERSONS12. Power to acquire evacuee property for rehabilitation of disoplaced persons.-(1) If the Central Government is of opinion that itis necessary to acquire any evacuee property for a public purpose,being a purpose connected with the relief and rehabilitation ofdisplaced persons, including payment of compensation to suchpersons, the Central Government may at any time acquire suchevacuee property by publishing in the Official Gazette a notificationto the effect that the Central Government has decided to acquiresuch evacuee property in pursuance of this section.(2) On the i~~blication of a notification \under sub-section (I), theright, title and interest of any evacuee in the evacuee propertyspecified in the notification shall, on and from the beginning of thedate on which the notification is so published, be extinguished andthe evacuee property shall vest absolutely in the Central Governmentfree from all encumbrances.(3)' It shall be lawful for the Central Government, if it so considersnecessary, to issue from time to time the notification referredto in sub-section (1) in respect of-(a) all evacuee property generally; or, (b) any class of evacuee property; or(c) all evacuee property situated in a specified area; or(d) any particular evacuee property.(4) All evacuee property acquired under this section shall formpart of the compensation pool.13. Compensation for evacuee property acquired -under this Act.-There shall be paid to an evacuee compensation in respect of his- property acquired under section 12 in accordance with such principlesand in such manner as may be agreed upon between the Governmentsof India and Pakistan.14. Compensation pool.-(1) For the purpose of payment ofcompensation and rehabilitation grants to displaced persons, thereshall be constituted a compensation pool which shall consist of-(a) all evacuee property acquired under section 12, includingthe sale proceeds of any such property and all profits and incomeaccruing from such property;(b) such cash balances lying with the Custodian as may,,kyorder of the Central Government, be transferred to the compensationpool;(c) such contributions, in any form whatsoever, as may bemade to the compensation pool by the Central. Government orany State Government;6

OF 19541 Gisplaced Persons ( Compensation and Reh8nbili.t~tion) 209(d) such other assets as may be prescribed.(2) The cornpensation pool shall vest in the Central Governmentfree from all encumbrances and shall be utilised in accordance withthe provisions of this Act and the rules made thereunder.15. Exemption of property in compensation pool from processesof courts.-No property which forms part of_ the compensation pooland which is vested in the Central Government under the provisionsof this Act shall be liable to be proceeded against for any claim inany manner whatsoever in execution of any decree or order or byany other process_ of any court or other authority.16. Management of compensation pool.-(1) The Central Governmentmay take such measures as it considers necessary or expedientfor the custody, management and disposal of the compensation poolin order that it may be effectively utilised in accordance with theprovisions of this Act.(2) In particular, and without prejudice to the generality of theforegoing'power, the Central Government may, for the purposesreferred to in sub-section (I), by notification in the Official Gazette,--(a) appoint such officers as it may deem fit (hereinafterreferred to as mana.ging officers); or[b) constitute such authority or corporation, is it may deemfit (hereinafter referred to as managing corporation).(3) Every managing corporation shall be ,constituted under suchname and shall consist of such number of persons as may be specifiedih the notification, and every such corporation shall be a body corporatehaving perpetual succession and a common seal and shall bythe said name sue and be sued:Provided-ihat one-third of the members of every managing cor- ;poration shall be non-officials.17. Functions and duties of managing officers and managingcorporations.-(1) All managing officers or managing corporationsshall perform such functions as may be assigned to them by or'underthis Act under the general superintendence and control of the ChiefSettlement Commissioner.(2) Subject to the provisions of this Act and the rules made thereunder,a managing officer or managing corporation may take suchmeasures as'he or it considers necessary or expedient for the purposeof securing, administering, preserving, managing or disposing of anyploperty in the compensation pool entrusted to him or it and generallyfor the pufpose of satisfactorily discharging apy of the duties 'imposed on him or it by or under this Act and may, for any suchpurpose as aforesaid, do all acts and incur all expenses necessary or~ncidental thereto.(3)-Any amount due to the Custodian in respect of any evacucaproperty acquired under this Act for any period prior to the datecf the acquisition shall vest in,' and be payable to, the Central, Government and shall be recoverable by the managing officer ormanaging corp~rqtion frdm the person liable to pay the same.1089 M of LawI! &

210 Displaced Persons- (Compensation and ,Rehabilitation) [ACT 4418. Dissolution of Managing Corporation.-(1) Where the centralGovernment is satisfied that the property entrusted to a managingcorporation for custody, management and disposal has been transferredto any person or persons under this Act or that for any other-reason it is no longer necessary to continue the managing corporation,the Central Government may, by notification in the OfficialGazette, dissolve the managing corporation.(2) Upon the publication of a notification under sub-section (I) 'dissolving a managing corporation-(a) all the members of the managing corporation shallvacate their office as such members;(b) all the powers and duties which may, by or under 'theprovisions of this Act, be exercised or performed by or on behalfof the managing aorporation shall be exercised and performedby such person or persons as the Central Government maydirect;(c) all property vested in the managing corporation at thedate of dissolution shall vest in the Central Government.19. Power to vary or cancel leases or allotment of any propertyadquired under this Act.-(1) Notwithstanding anything containedin any contract or any other law for the time being in force butsubject to any rules that may be made under this Act, the managingofficer or managing corporation may cancel any allotment or terminateany lease or amend the terms of any lease or allotment underwhich any evacuee property acquired under this Act is held oroccupied by a person, whether such allotment or lease was grantedbefore or after the commencement of this Act.(2) Where by reason of any action taken under sub-section (I),any person has ceased to be entitled to possession of_ any evacueepfoperty acquired under this Act, he>shall, on demand by the managingofficer or managing corporation, surrender .possession of suchproperty to such officer or corporation or to any person duly authorisedby him or it in this behalf.(3) If any person ,fails to surrendei possession of any property ondemand made under sub-section (2), the managing officer or managingcorporation may, notwithstanding anything to the contrary containedin any otherklaw for the time being in f,orce, eject such persona?d take possession of such property and may, for such purpose, useor cause to be used such force as may be necessary.20. Power to transfer property out of the compensation pool.-(I)Subject to any rules that may be made under this Act, the managi

OF 19541 ~k~laced Persons ( Compensation and Rehabilitation) 21 r(c) 'by allotment of any such property to a displaced pers0.nor an association of displaced persons vhether incorporated ornot, or to any other person, on such valuation as the SettlementCommissioner may determine;(d) in the case of a share of an evacuee in a company, bytransfer of such share to a displaced person, notwithstandinganything to the contrary contained in the Indian Companies Act,1913 (VII of 1913) or in the memorandum or articles of associa-/tion of such company;(e) in such other manner as may be prescribed.(2) Every managing officer or managing corporation selling anyimmovable property by public auction under sub-section (1) shallbe deemed to be a Revenue Officer within the meaning of sub-section(4) of section 89 of the Indian Registration Act, 1908 (XVI of 3908).(3) Where the ownership of any property has passed to the buyerbefore the payment of the whole of the purchase money, the amountof the purchase money or any part thereof remaining unpaid and anyinterest on such amount or part shall, notwithstanding anything tothe contrary contained in any other law, be a first charge upon theproperty in the hands of the buyer or any transferee from such buyerand may, on a certificate issued by the Chief Settlement Commis- .sioner, be recovered in the same manner as an arrear of land revenue.21. Recovery of arrears.-kny sum due to the custodian in respectof any evacuee property acqu-ired under this Act for any periodprior to the date of the acquisition, or to the Central Governmentin respect of any property in the compensation pool may, on a certificateissued by the Chief Settlement Commissioner, be recovered inthe same'manner as an arrear of land revenue.ICHAPTER IV22. Apgeals to the Settlement Cormnissioner.--(l) Subject to theprovisions of sub-section (2), any person aggrieved by an order of theSettlement Officer or a man3ging officer under this Act may, withinthirty days from the date of the order, prefer an appeal to the Settleir ment Commissioner in such form and manner as may be prescribed.1 ProvFded that the Settlement Commissioner may entertain theIappeal after the expiry of the said period of thirty days, if he issatisfied that the appellant was prevented hv sufficient cause fromfiling the appeal in time.I(2) No appeal shall lie from an order of the Settlement Officer~nder section 5 if the difference between the amount of public duesas determined by the Settlement Officer and that as admitted by the. applicant is less than one thousand rupees or such other amount,not exceeding one thousand rupees as may be specified by the CentralGovernment in this behalf, by notification in the Official Gazette.(3) The Settlement Commissioner may, after hearing the appeal.confirm, vary or reverse the order appealed from and p3ss such ordsrin relation thereto as he deems fit.

212 Displaced Persons (Compensation and RehabQitation) [ACT 4423. Appeals ta the Chief Settlement Commissioner.-(1) Subjectto the ~rovisions of sub-section (21, any person aggrieved by an orderof the Settlement Commissioner or the Additional Settlement Commissioneror an Assistant Settlement Cmmissioner or a managingcorporation under this Act may, within thirty days from the date ofthe order, prefer. an appeal to the Chief Settlement Commissioner insuch form and manner as may be prescribed:Provided that the Chief Settlement Commissioner may entertainthe appeal after the expiry of the said period of thirty days, if he issatisfied that the appellant was prevented by sufficient cause Eron~ filingthe appeal in time.(2) No appeal shall lie from any order passed in appeal undersection 22.(3) The Chief Settlement Commissioner may, after hearing theappeal, confirm, vary or reverse the order appealed from and passsuch order in relation thereto as he deems fit.24. Power of revision of the Chief Settlement Commissioner.-(1)The Chief Settlement Commissioner may at any time call for therecord of any proceeding under this Act in which a Settlement Officer,an Assistant Settlement Officer, an Assistant Settlement Commissioner,an Additional Settlement Commissioner, a Settlement Commissioner,a managing officer or a managing corporation has ~assed anorder for the purpose of satisfying himself as to the legality or proprjetyof any such order and may pass such order in relation theretoas he thinks fit.(2) Without prejudice to the generality of the foregoing power 'under sub-section (I), if the Chief Settlement Commissioner is satis- .fied that any order for payment of compensation to a displaced personor any lease or allotment granted to such a person has been obtainedby him by means of fraud, false representation or concealment of anymaterial fact, then, notwithstanding anything contained in this Act,the Chief Settlement Commissioner-may pass an order directing that .no compensation shall be paid to such a person or reducing theamount of compensation to be paid to him, or as the case may be, cancellingthe lease or allotment granted to him; and 'if it is found thata displaced person has been paid compensation which is not payableto him, or which is in excess of the amount payable to him, suchamount or excess, as the .case may be, may, on a certificate issuedby the Chief Settlement Commissioner, be recovered in the samemanner as an arrear of land revenue.(3) No order which prejudicially affects any person shall be passedunder this section without giving him a reasonable opportunity o&I being heard.(4) Any person aggrieved by any order made under sub-section,(21, may, within thirty days of the date of the order, make an applicationfor the revision of the order in such form and manner as may beprescri~bed to the Central Governmerlt and the Central Government, may pass such order thereon as it thinks fit.25. Review and amendment of orders.-(1) Any pe1;son aggrievedJay an order of the Settlement Officer under section 5, from which noappeal is allowed under section 22, may, within thirty days from the\

IIIIOF 19541 Displaced Persons ( Compensation and Rehabilitation) 213date of the order, make an application in such form and manner asmay be prescribed, to the Settlement Officer for review of his orderand the decision of the Settlement Officer on such application shall,subject to the provisions of section 24 and section 33, be final.(2) Clerical or arithmetical mistakes in any order passed by anofficer or authority under this Act or errors arising therein from anyaccidental slip or omission may, at. any time, be corrected by suchofficer or authority or the successor-in-office of such officer orauthority26. Powers of officers appointed under this Act, etc.-(1) Everyofficer appointed under this Act shall, for the purpose of making anyinquiry or hearing any appeal under this Act, have the same powersas are vested in a civil court under the Code of Civil Procedure, 1908(Act V of 1908) when trying a suit, in respect of the following matters,namely: -(a) summoning and enforcing the attendance of any personand examining him on oath; ,-I (b) requiring the discovery and production of any document;(c) requisitioning any-public record from any court or office;(d) issuing commissions for the examination'of witnesses;(e) appointing guardians or next friends of persons wno areminors or of unsound mind;(f) any other matter which may be prescribed;tand any proceeding before any such officer shall be deemed to be ajudicial proceeding within the meaning of sections 193 and 228 of theIndian Penal Code (Act XLV of 1860) and every such officer shall bedeemed to be a civil court within the meaning of sections 480 and 482of the Code of Criminal Procedure, 1898 (Act V of 1898).(2) The Chief Settlement Commissioner or any other officerhearing an appeal under this Act shall, subject to the provisions ofthis Act, have such further-powers as are vested in a civil court underthe Code of Civil Procedure, 1908 (Act V of 1908) when hearing anappeal.27. Finality of orders.--Save as otherwise expressly provided inthis Act, every order made by any officer or authority under this Act,including a managing corporation, shall be final and shall not be calledin question in any court by way of an appeal or revision or in anyoriginal suit, application or executionCHAPTEH VMISCELLANEOUS281- Power to transfer cases.-The Central Government or the ChiefSettlement Commissioner may, by order in writing at any time, transferany case pending before an officer appointed under this Act toanother officer and the officer to whom the case is so transferred may,subject to aqy special direction in the order of transfer, proceed from, the stage at- which it was so transferred. L

+214 Displaced Persons (Compensatbn and Rehabilitation) [ACT 44 .29. Special protection from ejectment to certain classes of persons.-(I)Where any person to whom the provisions of this sectionapply, is in lawful possession of any immovable property of the classnotified under sub-section (2), which is transferred to another personunder the provisions of this Act, then, notwithstanding anything containedin any other law, such person shall, without prejudice to anyother right which he may have in the property, be deemed to be atenant of the transferee on the same terms and conditiongas to paymentof rent or otherwise on which he held the property immediatelybefore the transfer:Provided that notwithstanding anything contained in ahy suchterms and conditions, no such person shall be liable to be ejected fromthe property during such period not exceeding two years as may beprescribed in respect of 'that class of property, except on any of thefollowing grounds, namely: -(a) that he has neither paidr nor tendered the yhole amountof arrears of rent due after the date of the transfer within one\ month of the date on which a notice of demand has been servedon him. by the transferee in the manner provided in section 106of the Transfer of Property Act, 1882 (IV of 1882);(b) that he has, without obtaining the consent of the transfereein writing?(i) sublet or otherwise parted with the possession of thewhole or any part of the property, 01'(ii) used the property for a purpose other than the pur-, pose for whiclf he was using it immediately before thetransfer;(c) that he has committed any act which is destructive ,of, orpermanently injurious to, the.pr0perty.(2) The Central Government may, from time to tihe by notificationin the Official Gazette, specify the class of persons to whom,and the class of immovable property in the compensation pool, otherthan agricultural land, in respect of which, the provisions of thissection shall apply and in issuing any such notification the Centr-a1Government shall haye regard to the following matters, thatis to say,-(a) the length of the period for which any such persons mayhave been in lawful possession of the pr~2erty;(b) the difficulty of obtaining alternative accommodation;Ic) the availability of any other suitable residential accotlmodationfor the use of the transferee; and(d) such other matters as may be prescribed.30. Exemption from arrest.-No person shall be liable to arrest orimprisonment in pursuance of any process issued for the recovery ofany sum due under this Act which is recoverable as an arrear of landreyenue. L,31. Advisory Board.-(1) The Central Government shall, as-soon.as may be, constitute a Board to advise the Central Government onmatters of policy arising out of the administration of,this Act.

OF 19541 Displaced Persons (Compensation and ~ehabilzihtion). ir5- (2) The Board shall consist of a Chairman and such number ofother members not exceeding six as the Central Government maythink fit to appoint and the members (including the Chairman) shall, hold office for a peri0.d of two years and shall be eligible for reappointment:Provided that the Chairman or any other member of the Board mayresign his office by writing under his hand addressed to the Central --Government and shall, on such resignation being accepted by tlnatGovernment, be deemed to have vacated his office.Ii(3) The Board may, subject to the previous approval of the CentralGovernment, make by-laws fixing a quorum and regulating its ownprocedure and the conduct of all business to be transacted by it.(4) No act done or proceeding taken by the Board shall be questionedon the ground merely of the existence of any vacancy in, or adefect in the constitution of, the Board.32. Power to give directions.-The Central Government may givGdirections to any State Government as to the carrying into executionin the State of any of the provisions contained in this Act or of anyrules or orders made thereunder.33. Certain residuary powers of Central Government.-The CentralGovernment may at any time call for the record of any proceedingunder this Act and may pass such order in relation thereto as in its 'opinion the circumstances of the case require and as is not inconsistentwith any of the provisions contained in this Act or the rules madethereunder.34. Delegation of powers.-(I) The Central Government may, bynotification in the Official Gazette, direct that any power exercisableby it under this Act shall, in such circumstahces and under such conditions,if any, as may be specified in the direction, be exercisable alsoby such officer or authority subordinate to the Central Government or,by the State Government or by such officer or authority subordinateto the State Government as may be specified in the notification.(2) Subject to the provisions of this Act and of the rules andorders made thereunder, the Chief Settlement Commissioner may, bygenefal or special order, delegate all or any of his powers under this -Act to the Joint Chief Settlement Commissioner, the Deputy ChiefSettlement Commissioner, a Settlement Commissioner, an AdditionalSettlement Commissioner or an Assistant Settlement Commissioner.subject to such conditions, if any, as may be specified in the order.(3) Subject to the provisions of this Act and of the rules and ordersmade thereunder, a Settlement Commis,sioner may, by general orspecial order, delegate all or any of his powers under this Act to anAdditional Settlement Commissioner, an Assistant Settlement Commissioner,a Settlement Officer or an Assistant Settlement Officer, subjectto such conditions, if any, as may be specified in the order.35. Penalty.-(I) A,ny person who furnishes in his application forpayment of compensation any information which he knows, or hasleason to believe, to be false or which he does not believe to be true,shall be punishable with imprisonment which may extend to one year,or with fine, or with both.

1.6 Displaced Persons (Compensation and Rehabilitation) [ACT 44(2) No court shall take cognizance of any offence punishable unde?this Act save upon complaint in writing m,ade by an officer authorisedby the Chief Settlement Commissioner by general or special order inthis behalf.36. Bar of jurisdiction.-Save as otherwise expressly provided inth,is Act, no civil court shall have jurisdiction to entertain any-suit orproceeding in respect of any matter which the Central Governmentor any officer or authority appointed under this Act is em- 'powered by or under this Act to determine, and no injunction shall begranted by any court or other authority in respect of any action m nor to be taken in pursuance of any power conferred by or under thisAct.37. Officers appointed under the Act to be public servants.-Everyofficer appointed under this Act and every member of a managing corporationshall be deemed to be a public servant,within the meaningof section 21 of the Indian Penal Code (Act XLV of 1860).38. Protection of,action taken in good faith.-Tfo suit or other legalproceeding shall lie against the Central Government or any personappointed under this Act in respect of anything which is in goodfaith done or iritended t,o be done in pursuance of this Act or of anyrules or orders made thereunder.39. Validation of certain actipn taken before the commencement_ofthe Act.-Anything done or any action taken (including any ordermade) by the Chief Settlement Commissioner, Settlement Commissioners,Additional Settlement Commissioners or Settlement Officersfor the purposes of payment of cumpensation or rehabilitation grantsor other grants to displaced persons shall, in so far as it is not inconsistentwith the provisions of this Act, be deemed to have beendone or taken in the exercise of the powers conferred by or under thisAct as if thls Act were in force on the date on which such thing wasdone or action was taken.40. Power ro make rules.-(1) The Central Government may, bynotificatiorl in the Official Gazette, make rules to carry out the purposesof this Act.(2) In particular, and without prejudice to the generality of theforegoing power, such rules may provide for all or any of the followingmatters, namely: -(a) the form and manner in which and the time withinwhich, an application for payment of compensation may be madeand the particulars which it may contain;(b) the circumstances in which and the conditions subject fc- which evacuee property may be acquired under this Act;(c) the scales according to whicx the form and manner inwnich, and the instalments by which, compensation may be paidto displaced persons;(d) the dues which may be deducted from the amou~+ ofcompensation to which a displaced person is entitled;

OF 19541 Dkplacea Persons (Co-mpensation and Rehabilitation) 217(e) the form and manner in which Government bonds maybe issued to displaced persons;(f) the valuation of property, shares and debentures whichmay be transferred to displaced persons;(g) the terms and conditioils subject to yhich property maybetransferred to a displaced person under section 10.;(h) the circumstances under which, the extent to which andthe manner in which, rehabilitation grants and other grants maybe paid to a displaced person;(1) the powers, functions and duties of mzilaging officers and. managing corporations;tr(j) the procedure for the transfer of property out of the compensationpool and the manner of realisation of the sale proceedsor the adjustment of the value of the property transferred againstthe amount of compensation;(k) the procedure to be followed by officers appointed underthis Act for making enquiries under this Act;(1) the form and manner in which appeals' and applicationsfor review or revision may be preferred or made under this Act ,and the procedure for hearing such appeals or applications forreview or revision;(m) the powers vested in a civil court which may be exercisedby an officer appointed under this Act;(n) the form and manner in which records and books. ofaccounts may be maintained under this Act;(0) any ~ther matter which is to be or may be prescribedunder this Act.(,t) A11 rules made under this section shall be laid for not less thanthirty days before both Houses of Parliament, as soon as possible,after they are made and shall be subject to such modifications as Par-: liament may make during the said period of thirty days.iTHE SCHEDULE[See section 6(3) (a)]1. The Chawla Bank, Limited.2. The Colony Bank, Limited. ,3. The Commercial Bank, Limited.4. The First National Bank, Limited.'5. The Frontier Bank, Limited.16. The Lakshmi Commercial Bank, Limited.7. The National Bank of Sialkot, Limited. -:8. The New Bank of India, Limited.

-218 Displaced Persons (Compensation and Rehabilitation) [ACT 449. The Oriental Bank of Commerce, Limited.10. The Prabhat Bank, Limited.11. The Purljab and Kashmir Bank, Limited.12. The Sahukara Bank, Limited.- , 13. The Simla Banking and Industrial Co., Limited.14. The ~raders' Bank, Limited.15. The National City Bank, Limited.16. The Narang Bank of India, Limited.17. The Sind National Bank, Limited.ITHE ANDHRA STATE LEGISLATURE (DELEGATIONI OF POWERS) ACT, 1954NO. 45 OF 195416th December, 19543'An Act to confer on the President the power of the Andhra State1 - Legislature to make laws.BE it enacted by Parliament in the Fifth Year of the Republicof India as follows:-,\I -1. Short title.-This Act may be called the Andhra State Legisla-, ture (Delegation of Powers) Act, 1954.2. Definitions.-In this Act,-(a) "article" means an article of tht 'constitution;(b) "Proclamation" means the Proclamation issued on the' 15th day of Noyember, 1954, by the President under clause (1) ofarticle 356.3. Conferment on the President of the power of the State Legislatub.-(1)The power of the Legislature of the State of Andhra toma& laws, which has been declared by the Proclamation to be exercisableby or under the authority of Parliament, is hereby conferredon the President.(2) In the exercise of the said' power, the President may, fromtime to time, whether Parliament is or is not in session, enact as aPresident's \Act a Bill containing such provisions as he considers ,necessary :-CI "--- - ---- - -A

IOF 19541 Andhra State Legislature (Delegation of Pawers) Act 219Provided that, after the 20th day of December, 1954, beforeenacting any such Act, the President shall, whenever he considers itpracticable to do so, consult a committee constituted for the purposeconsisting of ten members of the House of the People' nominated bythe Speaker and five members of the Council of States-nominated bythe Chairman.(3) Every Act enacted by the President under sub-section (2)shall, as soon as may be after enactment, be laid before Parliament.(4) Either House of Parliament may, by resolution passed withinseven days from the date atn which the Act has been laid before itunder sub-section (3), direct any modifications to be made in theAct and if the modifications are agreed to by the other House ofParliament during the session in which the Act has been so laidbefore it, such modifications shall be given effect to by the Presidentby enacting an amending Act under sub-section (2):Provided that nothing in this sub-section shall affect the ;alidityof the Act or of any action taken thereunder before it is so amended.THE INDIAN TARIFF (THIRD AMENDMENT) ACT, 1954[23rd December, 19541An Act further to amend the Indian Tariff Act, 1934.BE it enacted by parliament i'fl the Fifth Year of the Republic ofIndia as follows: -1. Short title and ,commencement.-(1) This Act may be called, the Indian Tariff (Third Amendment) Act, 1954.F(2) The provisions of clause (ii) of section 2 [relating to Items-Nos. 71 (13j(a), 72 (11) and 72 (33)] shall come into force on the first,day of January, 1955; and the remaining provisions shall come intoforce at once.I2. Amendment of the First Schedule to Act XXXII of 31934.-Inthe First Schedule to the Indian Tariff Act, 1934,-(i) in Items Nos. 11 (2), 11 (4), 11 (5), 21 (3), 28 (4), 28 (15),30 (14), 48 (I), ,48(4), 48 (5), 48 (7), 63 (30), 63 (33) (b), 63 (34)and 71 (8), in the last column headed "Duration of protectiverates of duty", for the word, figures and letters "December 31st,1954", wherever they ocou.r, the 3vord, figures and letters "December31st, 1955" shall be substituted;i--.

220 ; Indian Tariff (Third Amendment) Act.(ii) in Items Nos. 71(13)(a), 72(11) and 72(33),-I(a) in the third column, for the word "Protective"wherever it occurs, the word "Revenue" shall be substituted;andi(b) the entry in the last column headed "Duration ofIprotective rates of duty" shall be omitted;I(iii) in Item No. 75(10)(iii), in the entry in the secondI, column, the words "front and rear springs other than coil springs,"Ishall be omitted;II(iv) after Item No. 75 (14), the following item shall be inserted,namely: -"75(15) Leaf springs and parts Protective go per cent. Decemberthereof, adapted for usead valorem 31st, rg56."as parts and accessoriesof motor vehicles otherthan motor cycles andmotor scooters.P-[23rd December, 19541An Act to authorise payment and appropriation of certainfurther sums from and out of the Consolidated Fund ofIndia for the service of the financial year 1954-55./BE it enacted by Parlxiament in the Fifth Year of the Republic ofIndia as fdllows :-1. Short title.-This Act may be called the Appropriation (No. 4)Act, 1954.2. Issue of Its. 18,97;30,000 out of the Consolidated Fund of India forthe year 1954-55.-From and out of the Consolidated Fund of Indiathere may be paid and applied sums not exceeding those specifiedin column 3 of the Schedule amounting in the aggregate to the sumof eighteen crores ninety-seven lakhs and thirty thousand rupeestowards defraying the several charges which will come in course ofpayment during the financial year 195455, in respect of the servicesspecified in column 2 of the Schedule.3. Appropriation.-The sums authorised to be paid and applied-from and out of the Consolidated Fund of India by this Act shallbe appropriated for the services and purposes expressed in theSchodule in relation to the said year.'

Appropriation (No. 4)- -THE SCHEDULE(See sections 2 arid 3)INo.ofVoteServices a d PurposesI1 R" *Industries . I,OO,OOOAviation . . .1 French Establishments in India 61963,0001 Grants-in-aid to States . 32,C'%OOo43 1 Ministry of Food and Agriculture46 Civil Veterinary Services .59 Ministry of Information andBroadcasting .61 Ministry of Irrigation and Power63 Multipurpose River Schemes ' .I64 Miscellaneous Departments andExpenditure under the Ministryof Irrigation and Power85 Ministry of Rehabilitation .Expenditure on DisplacedPersons .Communications (includingIoO 1 National Highways) .Sums not exceeding- -'Votedby ChargedonParliament , the I TotalConsolidated ]Fund 1IRs.'--1133 Capital Outlay of the Ministry ofRehabilitation .138 New Delhi Capital Outlay / .

Rep. by A d 9 nP J960,S .'THE INDUSTRIAL DISPUTES (AMENDMENT)ACT, I954NO. 48 OF 1954[23rd December, 19541 ,An Act further to amend the Industrial Disputes Act, 1947.BE it enacted by Parliament in the Fifth Year of the Republic ofIndia as follows :-1. Short title and commencement.-(1) This Act may be calledthe Industrial Disputes (Amendment) Act, 1954.(2)-It shall be deemed to have come into force on the 1st day ofApril, 1954.2. Amendment of section 25A, Act XIV of 1947.-.-In sub-section(2) of section 25A of the Industrial Disputes Act, 1947 (hereinafterreferred to as the principal Act), for the Explanation, the followingE~planration shall be substituted, namely: -"Eqlanation.-In this section and in sections 25C, 25D and25E, 'industrial establishment' means-(i) a factory as defined in clause (m) of section 2 ofthe Factories Act, 1948 (LXIII of 1948); or(ii) a mine as defined in clause (j) of section 2 of the -Mines Act, 1952 (XXXV of 1952); or . I(iii) a plantation as defined in clause (f) of section 2of the Plantations Labour Act, 1951 (LXIX of 1951)."3. .Kbiendment af section 255, Act XIV of 1947.-In the provisoto sub-section (1) of section 255 of the Principal Act, after the words"which a workman has under", the words, figures and brackets "theMinimum Wages Act, 1948 (XI of 1948) or any notification or orderissued thereunde~ or" shall be inserted.THE TEA (AMFND'MENT) ACT, 1954No. 49 OF I954[23rd December, 19541 . *An Act to amend the Tea Act, 1953.BE it enacted by Parliament in the Fifth Year of, the Republic ofIndia as follows:-1. Short title.-This Act may be called the Tea (Amendment)I Act, 19954.2. Amendment of section 25, Act 29 of 1953.-In sub-section (1)of section 25 of the Tea Act, 1953, for the words 'kt such rate notIexceeding two rupees per one hundred pounds as the Central C-overnmentmay notify in the Official Gazette", the words "at the rateof four rupees per one hundred pounds" shall be substituted.222

THE -COFFEE MARKET EXPANSION (AMENDMENT)'ACT, I954I NO. 50 OF 1954[24th December, 19543An Act krther to amend the Coffee Market Expansion Act, 194.2BE it enacted by Parliament in the Fifth Year of the Republic ofIndia as follows : -1. Short title and commencement.-(I) This *Act may be called theI Coffee Market Expansion (Amendment) Act, 1954.(2) It shall come into force on such d&e as the central-Gcvernmentmay, by notification in the Official Gazette, appdnt.2. Amendment of long title and preamble, Act VII of 1942.-In theCoffee Market Expansion Act, 1942 (hereinafter referred to as theprincipal Act),-(a) in the long title, for the words and figures "to continuethe prmision made under Ordinance No. XI11 of 1940 forassistance to the coffee industry by regulating the export andsale of-coffee and by other means", the words "to provide for thedeve1,opment under the control of the Union of the coffee industry"shall be substituted; and(b) in'the preamble, for the words "to continue the prov$ionmade under the Coffee Market Expansion Ordinance, 1940, fdassistance to the coffee industry by regulating the export andsale of coffee and by other means", the words "to provide for thedevelopment under the control of the Union of the coffee industry"shall be substituted.3. Amendment of section 1, Act VII of 1942.-In sub-section (1)a~f section 1 of the principal Act, for the words "Coffee Market Ex-,pansion Act", the words "Coffee Act" shall be substituted./- 4. Substitution of new section for section 2 in Act VII of 1942.-For section 2 of the principal Act, the followihg section shall besubstituted, namely:--"2. Declaration as to expediency of Union control.-It ishereby declared that jt is expedient in the public interest thatthe Union should take under its control the coffee industry."5. ~mebdment of section 3, Act VII of 1942,-In section 3 of theprincipal. Act,-(i) in clause (a), the word "Indian" shall be omitted;(ii) after clause (a), the following clause shall be inserted,' namely : -"(aa) 'Chairnlan' means the Chairman of the Board;". ,4-I

224 Coffee Market Expansion (Amendment) ACT 50(iii) for clause (n), the following clause shall be substituted,namely : -"(n) 'year means the period of twelve months beginningwith' the first day of August and ending with the thirty-firstday of July next following."6. Amendment -of section 4, Act VII 6f 1942.-In section 4 of theprincipal Act,-(i) in sub-section (I), for the words 'Indian Coffee Board' thewords 'Coffee Board' shall be substituted;(ii) for sub-section (2), the following sub-sections shall besubstituted, namely : -"(2) The Board shall consist of-\ (i) a Chairman to be appointed by the CentraI 'Government;(ii) one person to represent the State of Coorg, tobe nominated by the Chief Commissioner of that State;(iii) one person to represent the Government dfMysore, to be nominated by that Government;(iv) one person to represent the Government ofMadras, to be nominated by that Government;(v) one person to represent the Government ofTravancore-Cochin, td be nominated by that Government;{vi) four persons to represent the coffee growingindustry in Coorg;(vii) four persons to represent the coffee growingindustry in Mysore;(viii) four persons to represent the coffee growingindustry in Madras;(ix) three persons to represent coffee trade bitez'ests,to be nominated by \the Central Government;(x) hne person to represent curing establishments,to be nominated - by the Central Government;(xi) four persons to represent labour, to be - nominatedby the Central Government;(xii) three persons to represent the interests of consumers,to be nominated by the Cevtral Government;(xiii) three persod to represent such other'interestkas in the opinion of the Central Government ought to berepresented,to be nominated by the Central Govern-.ment;(xiv) three Members of Parliament of whom two.shall be elected by the House of the People and one bythe Council of States.I

*r4. 19541 Coffee Market Expansion (Amendment) , 225(2A) The persons to represent the interests referred toin clauses (vi), (vii) and (viii) of sub-section (2) shall beelected or nominated as may be prescribed.(2B) Any oilicer of the Central Government whendeputed by that Government in this behalf shall have theright ta attend meetings of the Board and take part in theproceedings thereof but shall not be entitled to vote.";(iii) after sub-section (4), the following sub-section shallbe inserted, namely: -"(5) It is ,hereby declared that the office of member ofthe Board shall not disqualify its holder for being chosenas, or for being, a member of either House of Parliament."1. Amendment of section 5, Act VII of 1942.-In section 5 of theprincipal Act, the word "Indian" shall be omitted.8. Insertion of new section 6A in Act VII of 1942.-After seetion 6of the principal Act, the following section shall be inserted, namely:-"6A. Consultation with the Board.-Before taking any actiontouching the affairs of the Board under this Act, the CentralGovernment shall ordinarily consult the Board:Provided that no action taken by the Central Governmentshall be invalid or called in question meiely on the ground thatshe action was taken without such consultation."9. Amendment of section 7,- Act VII of 1942.-In section 7 of theprincipal Act, sub-section (1) shall be omitted.10. Substitution of new sections for sections 8 and 9 in Act VIJ of1942.-For sections 8 and 9 of the principal Act, the following sections. shall be Substituted, namely:-1 i"8. Sabary and allowances of Chairman.-The Chairman shall:be entitled -to such salary and allowances and such conclitions,ofservice in respect of leave, pension, provident fund and othermatters as may, from time to time, be fixed by ' the CentralGovernment8A. Vice-Chairman.-The Board shall elect frpm amongstits members a Vice-Chairman who shall exercise such of thepowers and perform such of the duties of the Chairman as maybe prescribed or as may be delegated to him by the Chairman.9. chief Coffee Marketing Ofi&r, Sec~etary and otherstaff.-(1) The Central Government shall appoint an officer to be- called the Chief Coffee Marketing Officer and a Secretary to theBoard and may appoint a Deputy Secretary to the Board andsuch number of Marketing Officers as may be necessary, toexercise such powers and to perform such duties under the direc-Lion of the Board as may be prescribed.(2) The officers appointed under this section shall be entitledto such salaries and allowances and such condGions of serviceiE respect of leave, pension, provident fund and other matters ?s, may, from time to time, be fixed by the Central Governments."1089 M of Law.

226 Co8ee Market Expansion (Amendment) [ACT 5011. Amendment of section 11, Act VII of 1942.-In section 11 ofthe principal Act, for the words "at the rate of one rupee per hundred-Weight or at such lower rate as the Central Government may, on therecommendation of the Board, 'by notification in the Official Gazetteprovide" the words "at such rate not exceeding six rupees perhundredweight as may be fixed by the Central Government by notificationin the Official Gazette" shall be substituted.12. Amendment of section 12, Act VII of 1942.-In section 12 ofthe principal Act,-(i) for the words "one, rupee" the words "six rupees"shal1 besubstituted;(ii) the words "on the recom'mendation of the Board"- shallbe omitted.13. Amendment of section 13, Act VLZ of 1942.-In section 13 ofthe principal Act,-(i) for sub-section (I), the following sub-section shall besubstituted, namely: -."(I) The proceeds of the duty of customs and of the duty ofexcise and of any fees levied under this Act (all of which shallform part of the Consolidate4 Fund of India), reduced by thecost of collection as determined by the Central Government, shall,if Parliament by appropriation made 'by law in this behalf soprovides, be paid to the Board for being utilised for the purposesof this Act."(ii) sub-section (2) shall be omitted.14. Amendment of section 14, Act VII of 1942.-In section 14 ofthe principal Act, in sub-section (4), for the words "Chief CoffeeMarketing Officer", the "word "Chairman" shall be substituted.15. Amendment of section 16, Act VII of 1942.-In sub-se'ction (1)of section 16 of the principal Act, the words "after cdnsultation withthe Board," shall be omitted.16. Amendment of secbbn 20, Act VII of 1942.-In section 20 ofthe principal Act,-(i) for the first proviso, the following proviso shall besubstituted, namely : -"Provided that nothing herein contained shall apply tocoffee-(i) shipped as stores on board any vessel or aircraftin such quantity as th.e Collector considers reasonable,having regard to the number of the crew and passengersand the length of the voyage or journey, 2s the case maybe, on which the vessel or aircraft is about to proceed, or(ii) carried as personal luggage of a passenger, not,exceeding two pounds avoirdupois, or(iii) exported by post or by air in packages containingnot more than ten pounds avoirdupois, orL.(iv) exported by sea as bona fide samples in packagescontaining not more than one pound avoirdupois : ";

Rep. bydU60.IQF 19541 Coffee Market Expansion (Amendment) 227(6) after the first proviso as so amended, the followingproviso shall be inserted, namely: -"Provided further that the Central Government may, byorder in writing, specify the quantity of coffee which shallbe permitted for export during any year and where any suchorder is made, no coffee shall be exported from India inexcessof the said quqntity : ".17. Amendment of section 25, Act VII of 1942.-In section 25 of$he principal Act,-(i) to sub-section (I), the following provisos shall be added,namely : -"Provided that where no internal sale quotas have been ,allotted to estates, the Chairman may allow the owner ofany estate to retain with himself for purposes of consumptionby his family and for purposes of seed, such quantity ofcoffee as the Chairman may, think reasonable:Provided further that where the Central Government issatisfied that it is not practicable for any class of ownersproducing coffee in any specified area to comply with theprovisions of this sub-section on account of the small quantityof coffee produced by them or on account of their estatesbeing situated in a remote locality, the Central Governmentmay, by notification in the Official Gazette, exempt such classof dwners from the provisions of this sub-section.";(ii) in sub-seccion '(4), the words "with the concurrence of theChief Coffee Marketing Officer," shall be omitted.18. Substitution of new section for section 31 in Act VII of 1942.-For section 31 of the principal Act, the follow'ing section shall besubstituted, namely : -"31. General fund.-(I) To the general fund shall be credited--(a) all amounts paid to the Board by the Central Governmentunder sub-section (1) of section 13; and., .(b) any sums transferred to the general fund under theproviso to sub-section (2) of section 32.42) The general fund shall be applied-(a) to meet the expenses of the Board;(b) to meet the cost of such measures as the Board mayconsider advisable to undertake for promoting agriculturaland technological research in the interest of the coffee industryin India;(c) for making such grants to coffee estates or for meetingthe cost of such other assistance to coffee,estates astheBoard may think necessary for the development of suchestates;(d) to meet the cost of such measures as the Board con-,. siders advisable to undertake for promoting the sale and-increasing the consumption in India and elsewhere of coffee .produced in India; and

I!b228 Coflee Market Expansion (Amendment) [ACT 559(e) to meet the expenses for securing better workingconditions and the provision and improvement of amenities,and incentives for workers."19. Insertion of new section 39A in Act VII of 1942.-After section39 of the principal Act, the following section shall be inserted,namely : -"39A. Ofiences by companies.-(1) If the person committingany offence under this Act is a company, every person who, at thetime the offence was committed, was in charge of, and was responsibleto, the company for the conduct of the business of thecompany as well as the company shall be deemed to be guilty otthe .offence and shall be liable to be proceeded against and.punished accordingly : .Provided that nothing contained in1 this sub-section shallrender any such person liable to punishment provided in this Actif he proves that the offence was committed without his knowledgeor that he exercised all due diligence to prevent the corn-.mission of such offence.(2) Notwithstanding anything contained in sub-section (1)where an offence uqder this Act has been committed by a companyand it, is proved that the offence has been committed with,the consent or connivance of, or is attributable to any neglecton the part of, any director, manager, secretary or other officerof the company, such director, manager, secretary or other officershall also be deemed to be guilty of that offence and shall beliable to be proceeded against and punished accordingly.Explanation.-For the purposes of this section,-(a) "company" means any body corporate and includes a-firm or other association of individuals; and(b) "director" in relation to a firm means a partner inthe firm."20. Amendment of section 44, Act VII of 1942.-In section 44 ofthe principal Act, for the words "Any member of, the Board, andany officer of the Board or other person authorised in this behalfby the Central Government or the Board, may enter", hhe words"Any person authorised in this behalf by the Central Governmentor by the Board or any member of the Board so authorised by theChairman in writing or any officer of the Board, may enter at allreasonable times" shall be substituted.21. Amendnlent of section 48, Act VIP, of 1942.-In section 48 ofthe principal Act, for sub-section (21, the following sub-sections shall'be substituted, namely:-"(2) Without prejudice to the generality of the foregoingpower, rules may be made" providing for all or any of the followingmattcrs :-(i) the principles regulating the nomination or electionof members of the Board;(ii) the term of office of members of the Board, thecircumstances in which, and the authority by which, members' L

IIi@F 19541 CofSee Market Expansion (Amendment) ,229ILcmay be removed and the filling of casual vacancies in theBoard;.(iii) the procedure to be followed at meetings of theBoard and at committees thereof for the conduct of businessand the number of members which shall form a quorum ata meet~ng;(iv) the maintenance by the Board of records of businesstransacted by the Board and the submission of copiesthereof to the Central Government;(v) the holding of a minimum number of meetings of 'the Board every year;(vi) the powers of the Board, its Chairman and committeesthereof with respect to the incurring of expenditure; .(vii) the conditions subject to which the Board may incurexpenditure outside India; I(viii) the preparation of budget estimates of receiptsand expenditure of the Board and the authority by whichthe estimates are to be sanctioned;(ix) the maintenance of the accounts of'income andexpenditure of the Board and the audit of such accounts;(x) the deposit of the funds of the Board in 'banks andthe investment of such funds;(xi) the re-appropriation of the estimated savings fromany budget head to any other budget head; , ,(xii) the conditions subject to which the Board mayborrow funds;(xiii) the conditions subject to which and the manner irr ''which contracts may be entered into 'by or on behalf of theBoard;(xiv) the delegation to the committee or Chainnan orVice-Chairman or members or officers of the Board, of anyof the powers and duties of the Board under this Act;(xv) the staff which may be employed by the Boardand the pay and allowances arid leave and other conditionsof service of officers (other than those appointed by theCentral Government) and other employees of the Board;.(xvi) the travelling and other allowances of menfbers)f the Board and of committees thereof;(xvii) the maintenance of the registers and other records,of the Board and its various committees;(xviii) the manner in which the internal sale quota ofcofFee estates shall be determined;(xix) the manner in which the Board shall exercise itspowers of buying and selling coffee;(xx) the appointment by the Board of agents;(xxi) the conditions to be fulfilled by a curing eshhlishmentbefore a licence to operate as such can be issuea;(xxii) the form of, and the particulars to be containedin, any returns or reports to b'e made to the Board underthis Act;1-... -.-- _ -__ _-- - -

230 Coflee Market Expansion (Amendment) [ACT 50 OF 1954Ik '(xxiii) the form of, manner of application for, fees payablefor, procedure in granting and conditions governing, thelicences and permits to be iswed by the Board;(xxiv) the collection of any information or statistip in.respect of coffee or any product of coffee;(xxv) any other matter (other than any matter specifiedin section 15) which is to be or may be prescribed under this.Act.(3) All rules made by the Central Government under thisAct shall, as soon as ,may be after they are made, be laid beforeboth Houses of Parliament."22. Validation of certain acts and indemnity in respect thereof.-All acts of executive authority, proceedings and sentences whichhave been done, taken or passed with respect to, or on account of,coffee during the period commencing on the 26th day of January,1950, and ending with the date of commencement of this Act, 'by theGovernment or by any officer of the Government or by any otherauthority in the belief or purported belief that the acts, proceedings.or sentences were being done, taken or passed under the principalAct shall be as valid and operative as if they had been done, takenor passed in accordance with law, and no suit or other legal proceedingshall be maintained or continued against any authoritywhatsoever on the ground that any such acts, proceedings or sentenceswere not done, taken or passed in accordance with law.-IiIITHE PREVENTIVE DETENTION (AMENDMENT) ACT,I954NO 51 b~ 1954[aqth December, 19541An Act further to amend the Preventive Detention Act, 1950 ..BE it enacted by Parliament in the Fifth Year of the Republic ofIndia as follows:-1. Short title.-This Act may be called the Preventive Detentioa(Amendment) Act, 1954.. L2. Amendment of section 1, Act IV of 1950.-In section 1 of thePreventive Detention Act, 1950,-(a) for sub:section (2), the following sub-section shall besubstituted, namely:-"(2) It extends to the whole of India except the State,of Jammu and Kashmi~.";(13) in sub-section (3), for the figures "1954", the figuresf"1957" shall be substitutedIII-- -. LA -. "- -u

THE TEA (SECOND AMENDMENT) ACT, 1954[25th December, I g 541An Act further to amend the Tea Act, 1953.B E it enacted by Parliament in the Fifth Year of the Republic ofIndia as follows:-1. Short title.-This Act may be called the Tea (Second Amendment)Act, 1954.2. Amendment of seetion 4, Act 29 of 1953,.--In section 4 of theTea Act, 1953, after sub-section (3), the following sub-section shallbe inserted, namely:-"(3A) It is hereby declared that the office of* member of theBoard shall not disqualify its holder for being chosen as, or forbeing, a member of either House of Parliament."THE PREVENTION OF DISQUALIFICATION (PARLIA-MENT AND PART C STATES LEGISLATURES)SECOND AMENDMENT ACT, 1954[25th December, 19541An Act further to amend the Prevention of Disqualificatiorm(Parliament and Part C States Legislatures) Act, ~953.BE it enacted by Parliament in the - Fifth Ye,ar of the Republic of ..lndia as follows:-1. Short title.-This Act may be called the Prevention of Disqualification(Parliament and Part C States Legislatures) SecondAmendment Act, 1954.2. Amendment of section 4, Act I of 1954.-In section 4 of thePrevention of Disqualification (Parliament and Part C States Legis-,latvres) Act, 1953, for the words and figures "31st day of- December,1954", the words and figures "31st day of December, 1955" shd-1-be substituted.231- .\ Li . .- LA---

'THE RUBBER (PRODUCTION AND MARRETI NG )AMENDMENT ACT, 1954.[25th December, 19541An Act further to amend the Rubber (Production and Marketing)Act, 1947.BE it enacted by Parliament in the Fifth Year of the Republicof India as follows: -1. Short title and commencement.--(I) This Act may be calledthe Rubber (Production and Marketing) Amendment Act, 1954. .9(2) It shall come into force on such dAte as the Central Governmentmay, by notification in the Official Gazette, appoint.\2. Amendment of long title and preamble, Act XXIV of 1947.-In the long title of, and the preamble to, the Rubber (Production andMarketing) Act, 1947 (hereinafter in this Act referred to as theprincipal Act) ,-(a) for the words "under central control", the words "underthe control of the Union" shall be substituted;(b) the words "so far as regards the production and marketingof rubber, and for regulating export and import of rubber"shall be omitted.3. Amendment of section 1, Act XXIV of 1947AIn sub-section (1) ,af section 1 of the principal Act, the brackets and words "(Productionand Marketing)" shall be omitted.4. Substitution of new section for section 2 in Act XXIV of 1947.-For section 2 of the principal Act, the following section shall be -'substituted, namely: -"2. Declaration as to expediency of Union control.-It ishereby declared that it is expedient in the public interest thatthe Union should take under its control the rubber industry."5. Amendment of section 3, Act XXIV of 1947.-In section 3 ofrthe principal Act,-(a) in clause (a), the word "~ndian;' shall be omitted; '(b) after dause (j), the following clause shall be inserted,namely: +"(k) 'small grower' means an owner whose estate doesnot exceed 'fifty, acres in area-;".6. Amendment of section 4, Act XXIV of 1947.-In section 4 of!the principal Act,-

4Kcpooyhor 5 5 ofl@@, 0, 3-2 d Jci. Z(~JII;/ ia-dc'.Rubber (Production and Marketing) Amendment 233(a) in sub-sections (1) and (2), the word "Indian" shall beomitted;(b) for sub-sections (3), (4) and (5), the following sub-sectionsshall be substituted, namely: -" (3) The Board shall consist of-(a) a Chairman to be appointed by the CentralGovernment;(b) three members to represent the State ofMadras, two of whom shall be persons representingrubber producing interests, one of such two being aperson representing the small growers;(c) seven members to represent the State of Travancore-Cochin,five of whom shall be personsrepresEnting the rubbe? producing interests, two of suchfive being persons representing the small growers;(d) ten members to be nominated by the CentralGovernment, of whom two shall represent the manufacturersand four labour;(e) three members of Parliament of whom two shall 1.be elected by the House of the People and one by theCouncil of States; and(f) the Rubber Production Commissioner, ex-o;8iGio.(4) The persons to represent the States of Madras 8ndTravancore-Cochin shall be elected or nominated as may beprescribed.(5) Any officer of the Central Government when deputedby that Government in this behalf shall have the right toattend the meetings of the Board and take part in the proceedingsthereof but shall not be entitled to vote.(6) The Board shall elect from among its members aVice-Chairman who shall exercise such of the powers, andperform such of the functions of the Chairman as may beprescribed or as may be delegated to him by the Chairman.(7) The members of the Board shall receive from theBoard such allowances as may be prescribed.(8) It is hereby declared that the office of member ofthe Board shall not disqualify its holder for being chosenas, or for being, a member of either House of Parliament"7. Substitution of new sections for section 6 in Act m V of 1947,-For section 6 of the principal Act, the following sections shall besubstituted, namely: -"6. Salary and allowances of Chairman.-The Chairmanshall be entitled to such salary and allowances and be governedby such conditions of service in respect of leave, pension, providentfund and other matters as may from time to time be firedby the Central Government.

234 Rubber (Production and Marketing) Amendment [ACT 5%6A. Executive oficers of the Board.-(1) The Cwtral Gov--ernment shall appoint a Rubber Production Commis~ioner to.exercise such powers and perform such duties under the directionof the Board as may be prescribed.(2) The Central Government shall appoint a Secretary to-;he Board to exercise such powers and perform such duties under:he direction of the Board as may be prescribed or as may bedelegated to him by the Chairman.(3) The Rubber Production Commissioner and the Secretaryto the Board shall be entitled to such salaries and allowances andbe governed by such conditions of service regarding leave, pension,provident fund and other matters as may be fixed by theZentral Government.(4) The Chairman, the Rubber Production Commissionerand the Secretary shall not undertake any work unconnectedwiththeir duties under this Act except with the permission of.the Central Government."8. Amendment of section 7, Act XXIV of -1947.-In section 7 ofthe principal Act,-(a) sub-section (1) shall be omitted;fb) in sub-section (t), the word "other" shall be omitted.9. Amendment of section 8, Act XXIV of 1947.-In section 8 ofthe principal Act,-(a) in sub-section'(l), the words "so far as re ards the productionand marketing of rubber" shall be omitte $ ;(b) in sub-section (2), after clause (e), the following clausesshall be inserted, namely: -"(f) securing better working conditions and the provisionsand improvement of amenities and incentives forworkers;(g) carrying out any other duties which may be vestedin the Board under rules made under this Act."10. Insertion of new sections after section 8 in Act XXIV of 1947.-After section 8 of the principal Act, the following sections shall beinserted, namely: -"8A. power of the Board to import rubber for sale, or to purchaserubber, in the internal market.-It snall be lawful for theBoard with the previous approval of the Central Governmentto import rubber for sale, or to purchase rubber, in the internalnarket at such prices as the Central Government may fix.8B. Consultation with the Board.-Before taking any actiontouching the affairs of the Board under this Act, the CentralGovernment shall ordinarily consult the Board:Provided that no action taken by the Central Governmentshall be invalid or called in question merely on the ground thatthe actian was taken without such consultation."

OF 19541 Rubber (Production and Marketing) Amendment 235:11. Amendment of section 9, Act XXIV of 1947.-In section 9 ofthe principal Act, for sub-section (2), the following sub-section shall.be substituted, namely; -"(2) The Board shall maintain two funds, a general fund.and a pool fund."12. Insertion of new sections after section 9 in Act XXIV of 1947.---Aftec section 9 of the principal Act, the following sections shall be.inserted, namely: -"9A. General fund.-(1) To the general fund shall be credit-:ed-(a) all sums forming the funds of the Board immediatelybefore the commencement ~f the Rubber (Production and.Marketing) Amendment Act, 1954;(b) all amounts paid to the Board by the Central Gov--ernment under sub-section (7) of section 12.-(2) Tne general fund shall be applied-(a) to meet the expenses of the Board;(b) to meet the costs of the measures referred to in.section 8;i(c) to meet the expenditure incurred in the performance,of its functions under this Act or under rules madeT there--under; and(d) for making such grants to rubber estates or for meet--ing the cost of such other assistance to rubber estates as the-Board may think .necessary for the development of suchestates.9B. Pool fund.-(1) To the pool fund shall be credited-(a) all sums realized by sales of rubber imported orpurchasedunder section 8A;(b) any other sum which the Board may, with the pre-.vious appr0v.d of the Central Government, transfer from thegeneral fund to the pool fund.(2) The pool fund shall be applied only to the rehabilitation,of small growers in such manner as may be prescribed.",13. Amendment of section 11, Act XXIV of 1947.-In section 11of the principal Act, in sub-section (I), the words "after consultingtheBoard," shall be omitted.14. Amendment of section 12, Act XXIV of -1947.-In section i2:of the principal Act,-(a) in sub-section (I), for the words "at such rate as theCentral Government may on the recommendation of the Board","the words "at such rate not exceeding one anna per pound ofrubber so produced as the Central Government may" shall besubstituted; and: inserted, namely: -(b) after sub-section (6), the following sub-section shall, be-a

.236 Rubbey (Produetion and Marketing) Amendment [ACT 54" (7) The proceeds of the duty of excise collc?cted by theBoard and any of the fees levied under this Act (all of whichshall form part of the Consolidated Fund of India) reducedby the cost of collection as determined by the Central Government,shall, if Parliament by appropriation made by lawIn this behalf so provides, be paid to the Board for beingutilised for the purposes of this Act."15. Amendment of section 13, Act XXIV of 1947.-In sub-section

. . . . . . . . . . .s.A -inm.bB, ,by b,@% 3-." ""'" ."dF. 19541 Rubbey (Production and Marketing) Amendment 237. . ., .and the number of members which shall form a quorum at. anymeeting;'(iv) the maintenance by the Board of records of bus:--ness .,transacted by the Board, and the submission of copies 'thereof to the Central Government;(v) the holding of a minimum number. of meetings of:the Board every year;. ,.. ..(bi) the powers bf the Board, its Chairman and corn--.?,..mittees thereof with respect to the incurring of expenditureand the powers and duties of the Rubber Production. Com-.missioner and the Secretary of the Board;. : : . .iS. (vii) the conditions subject to which the Board may,incur expenditure outside India;(viii)' the prepacation of budget estimates of receipts.'and .expenditure of the Boar& :and the authority by which. '1 the estimates are to be sanctioned;. . (ix) 'the maintenance of the : accounts of income and:expenditure of the Board andthe audit of such accounts;. , . .(x) the deposit of the funds of the Board in banks and. the investment of such funds;. . .(xi) the re-appropriation of the estimated savings.fromany budget head to any other budget head;,. '.Txii) the conditions subject to which the. Board may. ' ,, borrow -- funds; , , . . ,. . (xiii') the conditions subject to which and the mannerin which contracts may be entered into by or on behalf ofyi the Board;(xiv) the delegation to committees dr the Chairman. or'jVice-Chairman or membersor officers of the Board~of anyofthe powers and duties of 'the Board under this Act;r, . ..:..< , \6Jthe Board: (xv) the staff which miy be employed bg the Board an&the 'pay and allowances and leave and other- conditions of serviceof officers and other employees of the Board;. .(xvi) the travelling and other allowances of membersthe Board . and of committees thereof; of. .- . (xvii) the purposes , for which the funds of,$dmay be expended;>y,rt (xviii) the maintenance, .of the registers and other - .e. ....&records of the - Board and of its various committees;,,$9(xix) the collection of any information or statistics in.., .-2:;i.k.?.$$,Q$&?X . .*IC@;F&,:%L ki-.* .:,$.& LL~..::..~I.. . : ~. . .. . . - : ~-~ . . . . .. .. . . ,

Ia38 Rubber (Production and Marketing) Amendment [ACT 54(xxi) the form of application for special licences undersection 14 or section 17, the fees for the grant or renewalof such licences, and the forms of such licences;(xxii) the manner in which rubber shall be graded ancmarketed;(xxiii)= the fee payable on appeals unaer section 23;(miv) any other matterPhich is to be or may be prescribed.(3) All rules made under this Act shall, as soon as may beafter they are made, be laid before both Houses of Parliament."19. Amendment of section 26, Act XXIV of 1947.-Section 26 of$he principal Act shall be numbered as sub-Section (I) thereof, andafter that sub-section' as so numbered, the followi'ng sub-sections shallbe inserted, namely: -"(2) If the person committing any offence under sub-se'ction- (1) is a company, every person who at the time the offence wascommitted was in charge of, and was responsible to, the companyfor the conduct of the business of the company, as well asthe company, shall be deemed to be guilty of the offence andshall be liable to be proceeded against and punished accordingly:Provided that nothing contained in this sub-section shallrcncier any such person liable to any punishment provided inthis Act if he proves that the offence was committed without;his knowledge or that he exercised all due diligence to preventthe commission of such offence.(3,) Notwithstanding anything contained in sub-section (2) ,where an offence under sub-section (1) has been committed bya company and it is proved that the offence has been committedwith the consent or connivance of, or is attributable to'any neg-Sect_on the part of, any director or manager, secretary or ctheraofficer of the company, such director, manager, secretary or otherofficer shall also be deemed to be guilty of that offence and shallbe liable to be proceeded against and punished accordingly.E;xplanation.-Forthe purposes of this section,-(a) "company" means any body corporate, and includesa firm or other association of individuals: and(b) "director" in relation to a firm means a partner inthe firm."20. Insertioil of new sectioil 27A in Act XXIV of 1947.-Aftersection 27 of the principal Act, the following section shall be insert;ed, namely:-"27A. Jurisdictio?~ of courts.-No court inferior to that of apresidency magistrate or a magistrate of the first class shall tryany' offence punishable under this Act."21. Omission of section 29, Act XXIV of 1947.-Section 29 of theprincipal Act shall be omitted. ,22. Validation of certain acts and indemnity in respect thereof.-All acts of executive authority, proceedings and sentences which- ' :.@-.=.,

&F 19541 Rubbey (Production and Marketing) Amendment 239have been done, taken or passed with respect to, or on account of,.rubber, during the period commencing on the 26th day of January,1950, and ending with the date of commencement of this Act, by the-Government or by any officer of the Government or by any otherauthority in the belief or purported belief that the acts, proceedings.or sentences were being done, taken or passed under the principalAct shall be as valid and operative as if they had been done, takenor passed in accordance with law, and no suit or other legal proceedringshall be maintained or continued against any authority whatso--ever on the ground that any such acts, proceedings or sentences were:not done, taken or passed. in accordance with law.THE DELIMITATION COMMISSTON (AMENDMENT)ACT, I954No. 55 OF I954[25th December, 1954 1'dAn Act further to amend the Delimitation Commisskm Act, 1952]BE it enacted by Parliament in the Fifth Year of the Republic ofIndia as follows : -1. Short title.-This Act may be called the Delimitation Commission(Amendment) Act, 1954.2. Insertion of new section 9A in Act LXXXI of 1952.-In the:Delimitation Commission Act, 1952, after section 9, the followingsection shall be inserted, namely:-o"9A. Redetermination of seats for Scheduled Castes or ScheduledTribes on correction of census figures.-(I) If at any timebefore the first day of January, 1956, the census figures pertainingto the population of the scheduled castes or scheduled tribesof any State are corrected by the competent census authority inorder to rectify any mistake or omission (including any omissionarising out of the exclusidn of persons returned under genericnames or synonyms of the names of such castes or tribes) duringenumeration or tabulation and the corrections so made are dulypublished by that authority, then, notwithstanding anythingcontained in sub-section (I) of section 9,-(a) the said figures as so corrected shall be taken to bethe latest census figures for the purposes of section 8;(b) the Commission shall redetermine on the basis of. those figures the number of seats, if anx, to be reserved forthe scheduled castes or scheduled tribes in the House of thePeople and the Legislative Assembly of the State in accordancewith the provisio'ns of sub-section (I) of section 8, andmake any amendments that may be found necessary in itsfinal order determining the matters referred to in that subsection:

240 Delimitation Commission (Amendment) [ACT 55 OF 19543 - 6.It(c) where a final order determining in respect of theI ' State the matters referred to in sub-section (2) of section 8.has not been published, the Commission shall proceed with*iIIthe making and publication of such final order dn the basis.1of the number of reserved seats as redetermined underclause (6);(d) where a final order determining in respect of theState the matters referred to in sub-section (2) of section 8has been published, the Commission shall make such amendmentsin that order as it may find necessary for the purpose 4 i1 f'of giving proper representation to the scheduled castes .or the scheduled tribes on the basis of the number ofreserved seats as redetermined under clause @)-and(e) every order made under clause (b) or clause (d)~amending a final order of the Commission shall be publishedin the Gazette of India, and on such publication that finalorder as sd amended shall have the full force of law andshall not be called in question in any court.Explanation.-In this sub-section, all references'to the Commissionshall, after the Delimitation Commission ceases to exist,be construed as references to the Election Commission. ,(2) Nothing in sub-section (3) of section 8 shall apply in respect, of the redetermination o'f numbers under clause (b) of sub-section(1) of this section.(3) As soonras may be after the ' publication in'the Gazette &India, every order made under clause (b) or clause (d) of subsection(I). shall be laid before the House of the, People."\ I 1THE ANDHRA APPROPRIATION ACT, 1954I No. 56 OF 1954An Act to authorise payment and appropriation of certain furthersums from and out of the Consolidated Fund of the State of .Andhra for the service of the financial year 1954-55.iEgE it enacted by Parliament in the Fifth Year of the Republic ofIndia as follows :-r1. Short title.-This Act may be called the Andhra AppropriationIIAct, 1954.2. Issue of Rs. 1,13,SO,'IQO out of the Consolidated Fund of theState of Andhra for the year 1954-55.-From and out of the Consolitdated Fund of the State of Andhra there may be paid and appliedsums not exceeding those specified in column 3 of the Scheduleamountin,g in the aggregate to the sum of one crore, thirteen lakhs,eighty thousand and seven hundred rupees towards defraying theseveral charges which will come in course of payment during thefinancialyear 1954-55, in respect of the services specified in columnt2 of the Schedule.i

-IABDUCTED PERSONSINDEXTOTHE ACTS OF PARLIAMENT, 1954-(Recovery and Restoration) Amendment Act . . . I3ABSORBED AREAS-(Laws) Act . ' 62ACQUIS I'I'IONState---of Lands for Union Purposes (yalidation) Act. . 69ADVERTISEMENTSDrugs and Magic Remedies, (Objectionable-) Act . 64AIR CORPORATIONSi -(Amendment) Act . . 28ALLOWANCESh Salaries and- of Members of Parliamect Act . 1183dAPageANDHRA-State Legislature (Delegation of Powers) Act . 218-Appropriation Act . . . . 240APPROPRIATION-Act-(Railways) Act . 16--(Vote on Account) Act . 20! --(Railways) No. 2 Act 28t-(No. 2) Act . 43-(NO. 3) Act . I 69---(NO. 4) Act . 220Andhra-Act . 240ARCHZOLOGICAL SITESAncient and Historical Monuments ar d--avdF:trn~ir s (I3~clzr~ticr. cfNational Importance) Amendment Act . 7\ASSIMILATION OF LAWSShillong (Rifle Range and Umlcng) Car-tc~mentx- -Act . 122BBARS1 LIGHT RAILWAY-Company (Transferred Liabilities) Act . . . . . 35BILASPURHimachal Pradesh and-(New State) Act . . . . . 126BOOKSDelivery of-(Public Libraries) Act . . . . . . 83CCANTONMENTS-(Amendment) Act . . . . . . . . 3Shillong (Rifle Range and Gmlong)--~ssimilation of Laws Act 122CHANDERNAGORE-(Merger)Act. . . . . . . . . . . 14sCOFFEE-Market Expansion (Amendment) Act . . . p a . 223CONDITIONS OF SERVICEHigh Court Judges (--) Act . . . . . . . . 8521 II4I

242 INDEXDELEGATION OF POWERSDAndhra State Legislature (--) Act . . . . . . 2r8DELIMITATION COMMISSION--Act . . . . . a39DISPLACED PERSONS-(Claims) Supplementary Act ' . . .?apeTransfer of Evacuee Deposits Act . .3 O37Administration of Evacuee Property (Amendment) Act 175-(Compensation and Rehabilitarion) Act . I 99DISQUALIFICATIONPrevention of--(Parliament and Part C States Legislatures) Act . IPrevention of--(Parliament and Part C States Legislatures) AmendmentAct . 51Prevention of-(Parlia&ent aid Part C' states ~egislatures) 'Secon'dAmendment Act . 231DRUGS-and Magic Remedies (Objectionable Advertisements) Act. . 64EEXCISESCentral-2nd Salt (Amendment) Act . . . . . I38EVACUEETransfer of--Deposits Act . 37Administration of-Property (Amendment) Act . . I75FFACTORIES--(Amendment) Act . . . 71FINANCE-Act . . . 50FOOD ADULTERATIONPrevention of--Act . I45HIGH COURT JUDGES--(Conditions of Service) Act . . . 85HIMACHAL ERADESH-and Bilaspur (New State) Act . . . . . 726HISTORICAL MONUMENTSAncient and--and Archsolcgical Sites and Remains (Declaration ofNatioral Importarce) Amendment Act . 7INCOME-TAXIndian--(Amendment) Act . 136Madhya Bharat Taxes on Income (~alidatioh) AC;' . . 161INDUSTRIAL DISPUTES- -- -(Amendment) Act . 222- 0 , -1J AMMU' AND RASWMIRTaxation Laws (Extension to--) Act . . . . . 170JUDGES - -High Court-(Conditions of Service) Act . . . 85

'231. . , - State Acquisition of --for union Purposes (Validation) Act .LIBRARIES. . Delivery of Books (Public-) Act .-LUSHAI HILLS-!--~istrict (Change of Name) Act .7 ., . +MADHYA BHARAT--Taxes on Income (Validation) Act ' .MAGIC REMEDIESDrugs and--(objectionable Advertisements) Act. .Amendment Act .Salaries and Allowances of--Act .MINIMUM WAGES--(Amendment)Act . - . " .MONUMENTS , ' .PART C STATESPRESS--(Objectionable Matter) ~mendrnenihdf . . . 34PREV~NTION OF DISQUALIFICATI,ON.I(Parliament and Part C States ~e~icilgttures) ~ c'tI--(Parlizment and Part C States Legislatures) Amendment Act 6 I' --(Parliament and Part C States Legislatures) Second Amendment AC; 234IPREVENTI'V~~DETENTION * ,---(Amendment) Act . '230. . PUBLIC LIBRARIESDelivery of Books (--) Act . 83 1RRAII!WAYShpp'b? -iation(--) AC; . 6Barsi Llght Railway Company (i'ransferred iiabiiities)'~ct'' ' . . 35I70 Indian--(Afhendment),Act . . . 68Idi

.e7, r244INDEXSALARIESS L -+ .voluntary Surrender of--(Exemption from Taxation) Amendment . ':.d&70'Act . . . . . . . a n d ~llowances of Members of Parliament Act . . . . 118SHILLONG8-(~ifle Range and Urnlong) Cantonments Assimilation of LawsI22Act . . . . . . . . . -SHIPPINGControl of-(Amendment) Act. . . . . . .27SPECIAL MARRIAGE-~ct . . . . . . . . . . - ,178STATESPrevention of Disqualification (Parliament and Part C--Legidalures)Act . . . . . . . . . . . . . , IAmendment Act . . . . . . . .6 Ipwention of Disqualification (Par lir rimt and Part C---Legisl~tures)Prevention of-Disqualification (Tarliament. . . and . Pi;rt' - C-Legislatures). a .SecondAmendmentAct* 2;1~~ve~~ment of Part +-(Amendment) Act. . . . . I7 *Himachal Pradesh andBilaspur (New State) Act . - , 126Madhya Bharat Taxes on Income (Validation) Act . . . . 161Andhra State Legislature (Delegation of Powers) Act 218. . . . . . . .AndhraAppropriati~nA~t , 24"T%i$a,. ,gITAKIFF. Y . . . . . . .rndian.-(Amendment) Act~~di~~--(SecondAmendment) - +Indian--(Third Amendment) $#& . . . . .TAXATION~~l~~~~~~ Sirrendet of Salaries (Exemption from-) AmenwenfAct . . . . . . . . b *Indian 1ncome:tax (Amendment) Act. . .-L~~s ension ion to Jarnmu and Kashmir) Act . . -hladhya ~ &at Taxes on Income (Valldat~on) Act . . . . .TEX 6_-@mendment)Act' . .,a . *'.. .. L). - . - . . . . .. .--(Second Amendment) Act t 231WAGESMinimum Wages (Amendment) Act . . - . 'WAKFS-Actw. . . . . . . . . .