GOVERNMENT OF GOA vide Notification No. VI/FAC-6(L-1 Part)/ /IFB/2015/2811 dated 04-11-2015 of the...

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Panaji, 4th February, 2016 (Magha 15, 1937) SERIES I No. 45

Reg. No. G-2/RNP/GOA/32/2015-2017 RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcome on e-mail: dirñ[email protected]

INDEX

Department Notification/Press Comm. Subject Pages

1.a. Finance Not.- 1-49-2015-16/DSSL/ Paper lottery scheme— Everest Weekly Lottery. 1511 Under Secretary /Part/PAPER/1910

b. —do— Press Comm.- 1-45-96/Fin Goa State Development Loan, 2016. 1513 Joint Secretary (DMU)P.F-I

2. Labour Not.- VI/FAC-6(L-1 Part)/ The Goa Factories (Occupational Safety and Health 1514Chief Inspector & ex officio /IFB/2016/3944 Audit) (First Amendment) Rules, 2016.Joint Secretary

3. a. Law & Judiciary Not.- 10/2/2015-LA/391 The Citizenship (Amendment) Act, 2015. 1515 Under Secretary

b. —do— Not.- 10/2/2015-LA/392 The Public Premises (Eviction of Unauthorised 1518Occupants) Amendment Act, 2015.

c. —do— Not.- 10/2/2015-LA/393 The Motor Vehicles (Amendment) Act, 2015. 1521

d. —do— Not.- 10/2/2015-LA/400 The Mines and Minerals (Development and 1522Regulation) Amendment Act, 2015.

e. —do— Not.- 10/2/2015-LA/402 The Andhra Pradesh Reorganisation (Amendment) 1532Act, 2015.

f. —do— Not.- 10/2/2015-LA/424 The Arbitration and Conciliation (Amendment) 1533Ordinance, 2015.

NOTE

There are two Extraordinary issues to the Official Gazette, Series I No. 44 dated 28-1-2016, as follows:—

(1) Extraordinary dated 29-1-2016 from pages 1505 to 1506 regarding levy of Fuel & Power Purchase Cost Adjustmentfor 3rd quarter of FY 2015-16— Not. No. 120/03/JERC-FPPCA/CEE/Tech from Department of Power (Office of the ChiefElectrical Engineer).

(2) Extraordinary (No. 2) dated 29-1-2016 from pages 1507 to 1510 regarding Draft Rules— The Corporation of theCity of Panaji (Election) (Second Amendment) Rules, 2016— Not. No. 11/22/2015-DMA/2817 from Department ofUrban Development (Municipal Administration).

GOVERNMENT OF GOADepartment of FinanceRevenue & Control Division

Notification

1-49-2015-16/DSSL/Part/PAPER/1910

Read: (1) The Government Notification No. JS(Bud)/32/2010 dated 23rd December,2011, published in the Official Gazette,

Series I No. 39 dated 29th December,2011.

(2) The Corrigendum No. JS(Bud)/32//2010 dated 1st February, 2012published in the Official Gazette,Series I No. 44 dated 2nd February,2012.

(3) The Government Notification No. JS(Bud)/32/2010 dated 3rd July, 2012,

OFFICIAL GAZETTE — GOVT. OF GOASERIES I No. 45 4TH FEBRUARY, 2016

1512

published in the Official Gazette,Series I No. 14 dated 5th July, 2012.

(4) The Government Notification No. JS(Bud)/32/2010 dated 4th October,2012, published in the Official Gazette,Series I No. 28 dated 11th October,2012.

(5) The Government Notification No. JS(Bud)/32/2010 dated 4th October,2012, published in the Official Gazette,Series I No. 28 dated 11th October,2012.

(6) The Government Notification No. JS(Bud)/32/2010 dated 5th April, 2013,published in the Official Gazette,Extraordinary No. 2, Series I No. 1dated 8th April, 2013.

In exercise of the powers conferred bysub-rule (1) of rule 6 of the Goa Lotteries(Regulation) Rules, 2003, read with rule 3 ofthe Lotteries (Regulation) Rules, 2010 andin supersession of all the GovernmentNotifications and the Corrigendum citedabove, the Government of Goa hereby framesthe following paper lottery scheme, namely:–

Government of Goa

Everest Weekly Lottery

Lottery Name Everest Weekly LotteryDraw Day Every SaturdayDraw Date 05-03-2016 OnwardsDraw Time 04:30 PM OnwardsDraw No. 145 Onwards

Series GW721 to GW725 OnwardsMRP 20

Total Ticket 100000Total Ticket (In Each Series) 20000

Ticket Numbering (In Each Series) 10000 to 29999Face Value 2000000Ticket Size 10 cm. * 19.5 cm.

Paper Quality 120 GSM Chromo ArtPinning 50 Tickets

Prize Prize No. of Total Prize Prize Draw MethodRank Amount Prize Amount Payout

(Rs.) (%)

1 2 3 4 5 6

1 300000 1 300000 15 One five digit number will be drawn from anyone series out of sold numbers only.

2 10000 5 50000 2.5 One five digit number will be drawn from eachseries and it should not match with higher rank.

3 5000 10 50000 2.5 One four digit number will be drawn from eachseries and it should not match with higher rank.


5 2000 10 20000 1 One four digit number will be drawn from eachseries and it should not match with higher rank.



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1 2 3 4 5 6

7 500 100 50000 2.5 Ten four digit number will be drawn commonto all series and it should not match with higherrank.

8 100 1000 100000 5 One hundred four digit number will be drawncommon to all series and it should not matchwith higher rank.

9 40 10000 400000 20 One thousand four digit number will be drawncommon to all series and it should not matchwith higher rank.

11146 1010000 50.5

Place of Draw: Directorate of Small Savings and Lotteries, Serra Building, Next to All IndiaRadio, Altinho, Panaji, Goa 403001

Name and Address of Marketing Agent: Summit Online Trade Solutions Pvt. Ltd. G-1,“A” Wing, Austin Plaza, Altinho, Panaji, Goa-403001.

Email:[email protected]

This notification shall come into force with immediate effect.

By order and in the name of the Governor of Goa.

Ajit S. Pawaskar, Under Secretary, Finance (R&C).

Porvorim, 2nd February, 2016.

———!!!———

Debt Management Division___

Press Communique

1-45-96/Fin(DMU)P.F-I

Goa State Development Loan, 2016

It is notified for general information that theoutstanding balance of 7.65% Goa StateDevelopment Loan, 2016 issued in terms of theGovernment of Goa, Finance Department,Notification No. 1-45-2005-Fin (Bud) datedFebruary 22, 2006, will be repaid at par onFebruary 28, 2016 with interest due up to andincluding February 28, 2016. In the event ofa holiday being declared on the aforesaiddate by any State Government under the

Negotiable Instruments Act, 1881, the loan willbe repaid by the paying offices in that Stateon the previous working day. No interestwill accrue on the loan from and afterFebruary 28, 2016.

2. As per sub-regulation 24 (2) and 24 (3) ofGovernment Securities Regulations, 2007payment of maturity proceeds to the registeredholder of Government Security held in the formof Subsidiary General Ledger or ConstituentSubsidiary General Ledger account or StockCertificate shall be made by a pay orderincorporating the relevant particulars of hisbank account or by credit to the account of theholder in any bank having facility of receipt offunds through electronic means. For thepurpose of making payment in respect of thesecurities, the original subscriber or the


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subsequent holders of such a GovernmentSecurities, as the case may be, shall submit tothe Bank or Treasury and Sub-Treasury orbranch of State Bank of India, or its subsidiarybanks where they are enfaced/registeredfor payment of interest, as the case maybe, the relevant particulars of their bankaccount.

3. However, in the absence of relevantparticulars of bank account/mandate forreceipt of funds through electronic means, tofacilitate repayment on the due date, holdersof 7.65% Goa State Development Loan, 2016,should tender their securities at the PublicDebt Office, 20 days in advance. Thesecurities should be tendered for repayment,duly discharged on the reverse thereofas under:—

“Received the Principal due on theCertificate”.

4. It should be particularly noted that atplaces where the treasury work is done by abranch of the State Bank of India or any of itsassociate banks, the securities, if they arein the form of Stock Certificates, shouldbe tendered at the branch of the bankconcerned and not at the Treasury orSub-Treasury.

5. Holders who wish to receive paymentat places other than those where thesecurities have been enfaced for paymentshould send them duly discharged tothe Publ ic Debt Of f ice concerned byRegistered and Insured Post. The PublicDebt Office will make payment by issuinga draf t payable at any Treasur y/Sub--Treasury or branch of State Bank of Indiaor i t s assoc ia te banks conduct ingGovernment Treasury work in the Stateof Goa.

Meenakshi S. Gad, Joint Secretary (DMU).

Porvorim, 28th January, 2016.

Department of LabourInspectorate of Factories and Boilers

Notification

VI/FAC-6(L-1 Part)/IFB/2016/3944

Whereas certain draft rules so as to amendthe Goa Factories (Occupational Safety andHealth Audit) Rules, 2014 were pre-publishedas required by section 115 of the Factories Act,1948 (Central Act No. 63 of 1948) in the OfficialGazette, Series I No. 32, dated 5th November2015, vide Notification No. VI/FAC-6(L-1 Part)//IFB/2015/2811 dated 04-11-2015 of theInspectorate of Factories and Boilers,Government of Goa, inviting objections andsuggestions from all persons likely to beaffected thereby before expiry of forty-fivedays from the date of publication of thesaid Notification in the Official Gazette;

And whereas, the said Official Gazette wasmade available to the public on 5th November,2015;

And whereas, no objections and suggestionswere received from the public on the said rules,by the Government.

Now, therefore, in exercise of the powersconferred by section 112 of the Factories Act,1948 (Central Act No. 63 of 1948) and all otherpowers enabling it in this behalf, theGovernment of Goa hereby makes the followingrules so as to amend the Goa Factories(Occupational Safety and Health Audit) Rules,2014, namely:—

1. Short title and commencement— (1) Theserules may be called the Goa Factories(Occupational Safety and Health Audit) (FirstAmendment) Rules, 2016.

(2) They shall come into force from the dateof their publication in the Official Gazette.

2. Amendment of rule 1.— In rule 1 of theGoa Factories (Occupational Safety and HealthAudit) Rules, 2014, in sub-rule (2), for theexpression “valid OHSAS (18001:2007)certificate”, the expression “valid certificatefor occupational health and safety managementsystem issued by a cer tification bodyaccredited to National Accreditation Board for


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———!!!———

Department of Law & JudiciaryLegal Affairs Division

__

Notification

10/2/2015-LA/391

The Citizenship (Amendement) Act, 2015(Central Act No. 1 of 2015), which has beenpassed by Parliament and assented to bythe President on 10-03-2015 and publishedin the Gazette of India, Extraordinary, Part II,section I, dated 11-03-2015, is hereby publishedfor the general information of the public.

Julio Barbosa Noronha, Under Secretary(Law).

Porvorim, 24th November, 2015.________

THE CITIZENSHIP (AMENDMENT) ACT, 2015

AN

ACT

further to amend the Citizenship Act, 1955.

Be it enacted by Parliament in the Sixty--sixth Year of the Republic of India asfollows:—

1. Short title and commencement.— (1) ThisAct may be called the Citizenship (Amend-ment) Act, 2015.

(2) It shall be deemed to have come intoforce on the 6th day of January, 2015.

2. Amendment of section 2.— Inthe Citizenship Act, 1955 (herein-after referred to as the principal Act),in section 2, in sub--section (1), forclause (ee), the following clause shallbe substituted, namely:—

‘(ee) “Overseas Citizen of IndiaCardholder” means a person registered asan Overseas Citizen of India Cardholder bythe Central Government under section 7A;’.

3. Amendment of section 5.—In the principalAct, in section 5,—

(i) in sub-section (1),—

(a) in clause (f), for the words “hasbeen residing in India for one year”, thewords “is ordinarily resident in India fortwelve months” shall be substituted;

(b) in clause (g),—

(A) for the words “Overseas Citizenof India”, the words “Overseas Citizenof India Cardholder” shall besubstituted;

(B) for the words “has been residingin India for one year”, the words “isordinarily resident in India for twelvemonths” shall be substituted;

(ii) after sub-section (1), the followingsub-section shall be inserted, namely:—

“(1A) The Central Government, if it issatisfied that special circumstances exist,may after recording the circumstancesin writing, relax the period of twelvemonths, specified in clauses (f) and (g)and clause (i) of Explanation 1 of sub--section (1), up to a maximum of thirtydays which may be in different breaks.”.

4. Substitution of new sections for sections7A, 7B, 7C and section 7D.— In the principalAct, for sections 7A, 7B, 7C and section 7D,the following sections shall be substituted,namely:—

“7A. Registration of Overseas Citizen ofIndia Cardholder.— (1) The Central

Certification Bodies (NABCB) formed bythe Quality Council of India under theadministrative control of the Department ofIndustrial Policy and Promotion, Ministry ofCommerce and Industry, Government of India”shall be substituted.

By order and in the name of the Governorof Goa.

Vivek P. Marathe, Chief Inspector & ex officioJoint Secretary (Factories and Boilers).

Panaji, 2nd February, 2016.

57 of 1955.


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Government may, subject to suchconditions, restrictions and manner as maybe prescribed, on an application made inthis behalf, register as an Overseas Citizenof India Cardholder—

(a) any person of full age andcapacity,—

(i) who is a citizen of anothercountry, but was a citizen of India atthe time of, or at any time after thecommencement of the Constitutons; or

(ii) who is citizen of another country,but was eligible to become a citizen ofIndia at the time of the commencementof the Constitution; or

(iii) who is a citizen of anothercountry, but belonged to a territorythat became part of India after the 15thday of August, 1947; or

(iv) who is a child or a grandchild ora great grandchild of such a citizen; or

(b) a person, who is a minor child of aperson mentioned in clause (a); or

(c) a person, who is a minor child, andwhose both parents are citizens of Indiaor one of the parents is a citizen of India;or

(d) spouse of foreign origin of a citizenof India or spouse of foreign origin of anOverseas Citizen of India Cardholderregistered under section 7A and whosemarriage has been registered andsubsisted for a continuous period of notless than two years immediatelypreceding the presentation of theapplication under this section:

Provided that for the eligibility forregistration as an Overseas Citizen ofIndia Cardholder, such spouse shall besubjected to prior security clearance bya competent authority in India:

Provided further that no person, whoor either of whose parents or

grandparents or great grandparents isor had been a citizen of Pakistan,Bangladesh or such other country as theCentral Government may, by notificationin the Official Gazette, specify, shall beeligible for registration as an OverseasCitizen of India Cardholder under thissub-section.

(2) The Central Government may, bynotification in the Official Gazette, specifythe date from which the existing Personsof Indian Origin Cardholders shall bedeemed to be Overseas Citizens of IndiaCardholders.

Explanation.— For the purposes of thissub-section, “Persons of the Indian OriginCardholders” means the persons registeredas such under notification number 26011/4//98 F.I., dated the 19th August, 2002,issued by the Central Government in thisregard.

(3) Notwithstanding anything contained insub-section (1), the Central Government may,if it is satisfied that the special circumstancesexist, after recording the circumstances inwriting, register a person as an OverseasCitizen of India Cardholder.

7B. Conferment of rights on Overseas Citizenof India Cardholder.— (1) Notwithstandinganything contained in any other law for thetime being in force, an Overseas Citizen ofIndia Cardholder shall be entitled to suchrights, other than the rights specified undersub-section (2), as the Central Governmentmay, by notifcation in the Official Gazette,specify in this behalf.

(2) An Overseas Citizen of India Cardholdershall not be entitled to the rights conferredon a citizen of India—

(a) under article 16 of the Constitutionwith regards to equality of opportunity inmatters of public employment;

(b) under article 58 of the Constitutionfor election as President;


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(c) under article 66 of the Constitutionfor election as Vice-President;

(d) under article 124 of the Constitutionfor appointment as a Judge of the SupremeCourt;

(e) Under article 217 of the Constitutionfor appointment as a Judge of the HighCourt;

(f) under section 16 of theRepresentation of the People Act,1950 in regard to registration asa voter;

(g) under sections 3 and 4 ofthe Representation of the PeopleAct, 1951 with regard to theeligibility for being a member ofthe House of the People or of theCouncil of States, as the case maybe;

(h) under sections 5, 5A andsection 6 of the Representation ofthe People Act, 1951 with regardto the eligibility for being amember of the LegislativeAssembly or the LegislativeCouncil, as the case may be, of aState;

(i) for appointment to public services andposts in connection with affairs of the Unionor of any State except for appointment insuch services and posts as the CentralGovernment may, by special order in thatbehalf, specify.

(3) Every notification issued under sub--section (1) shall be laid before each Houseof Parliament.

7C. Renunciation of Overseas Citizen ofIndia Card.— (1) If any Overseas Citizen ofIndia Cardholder of full age and capacitymakes in prescribed manner a declarationrenouncing the Card registering him as anOverseas Citizen of India Cardholder, thedeclaration shall be registered by the CentralGovernment, and upon such registration, that

person shall cease to be an Overseas Citizenof India Cardholder.

(2) Where a person ceases to be anOverseas Citizen of India Cardholder undersub-section (1), the spouse of foreign originof that person, who has obtained OverseasCitizen of India Card under clause (d) of sub--section (1) of section 7A, and every minorchild of that person registered as an OverseasCitizen of India Cardholder shall thereuponcease to be an Overseas Citizen of IndiaCardholder.

7D. Cancellation of registration as OverseasCitizen of India Cardholder.— The CentralGovernment may, by order, cancel theregistration granted under sub-section (1) ofsection 7A, if it is satisfied that—

(a) the registration as an OverseasCitizen of India Cardholder was obtainedby means of fraud, false representationor the concealment of any material fact;or

(b) the Overseas Citizen of IndiaCardholder has shown disaffection towardsthe Constitution, as by law established; or

(c) the Overseas Citizen of IndiaCardholder has, during any war in whichIndia may be engaged, unlawfully tradedor communicated with an enemy or beenengaged in, or associated with, anybusiness or commercial activity that was tohis knowledge carried on in such manneras to assist an enemy in that was; or

(d) the Overseas Citizen of IndiaCardholder has, within five years afterregistration under sub-section (1) of section7A, been sentenced to imprisonment for aterm of not less than two years; or

(e) it is necessary so to do in the interestsof the sovereignty and integrity of India,the security of India, friendly relations ofIndia with any foreign country, or in theinterests of the general public; or

(f) the marriage of an Overseas Citizen ofIndia Cardholder, who has obtained such

43 of 1950.

43 of 1951.

43 of 1951.


1518

Card under clause (d) of sub-section (1) ofsection 7A,—

(i) has been dissolved by a competentcourt of law or otherwise; or

(ii) has not been dissolved but, duringthe subsistence of such marriage, he hassolemnised marriage with any otherperson.”.

5. Amendment of section 18.—In the principalAct, in section 18, in sub-section (2), afterclause (ee), the following clauses shall beinserted, namely:—

“(eea) the conditions and the mannersubject to which a person may be registeredas an Overseas Citizen of India Cardholderunder sub-section (1) of section 7A;

(eeb) the manner of making declarationfor renunciation of Overseas Citizen of IndiaCard under sub-section (1) of section 7C;”.

6. Amendment of Third Schedule.— In theprincipal Act, in the Third Schedule, in clause(c), the following proviso shall be inserted,namely:—

“Provided that if the Central Governmentis satisfied that special circumstances exist,it may, after recording the circumstances inwriting, relax the period of twelve monthsup to a maximum of thirty days which maybe in different breaks.”.

7. Repeal and savings.— (1) TheCitizenship (Amendment) Ordinance,2015 is hereby repealed.

(2) Notwithstanding such repeal, anythingdone or any action taken under the principalAct, as amended by the said Ordinance, shallbe deemed to have been done or taken underthe corresponding provisions of the principalAct, as amended by this Act.

_________

Notification

10/2/2015-LA/392

The Public Premises (Eviction of UnauthorisedOccupants) Amendment Act, 2015 (Central

Act No. 2 of 2015), which has been passed byParliament and assented to by the Presidenton 13-03-2015 and published in the Gazette ofIndia, Extraordinary, Part II, section 1, dated14-03-2015, is hereby published for the generalinformation of the public.


Porvorim, 24th November, 2015.__________

THE PUBLIC PREMISES (EVICTION OFUNAUTHORISED OCCUPANTS) AMENDMENT ACT, 2015

AN

ACT

further to amend the Public Premises (Evictionof Unauthorised Occupants) Act, 1971.


1. Short title and commencement.— (1) ThisAct may be called the Public Premises(Eviction of Unauthorised Occupants)Amendment Act, 2015.

(2) It shall come into force on such date asthe Central Government may, by notificationin the Official Gazette, appoint.

2. Amendment of section 2.— Inthe Public Premises (Eviction ofUnauthorised Occupants) Act, 1971(hereinafter referred to as theprincipal Act), in section 2, in clause(e), in sub-clause (2),—

(A) in item (i), for the wordsand figures “the Companies Act,1956”, the words and figures “theCompanies Act, 2013” shall besubstituted;

(B) in item (ii), for the wordsand figures “the Companies Act,

Ord.1 of 2015.

40 of 1971.

1 of 1956.18 of 2013.


1519

1956”, the words and figures “theCompanies Act, 2013” shall besubstituted;

(C) for item (iii), the following items shallbe substituted, namely:—

‘(iii) any company as definedin clause (20) of section 2 ofthe Companies Act, 2013 inwhich not less than fifty-oneper cent, of the paid up capitalis held partly by the CentralGovernment and partly by oneor more State Governmentsand includes a company whichis a subsidiary (within themeaning of that Act) of the first-mentioned company and whichcarries on the business of publictransport including metrorailway.

Explanation.— For thepurposes of this item, “metrorailway” shall have the samemeaning as assigned to it inclause (i) of sub-section (1) ofsection 2 of the Metro Railway(Operation and Maintenance)Act, 2002;

(iiia) any University established orincorporated by any Central Act,’;

(D) for item (v), the following item shallbe substituted, namely:—

“(v) any Baord of Trusteesor any successor companyconstituted under or referred toin the Major Port Trusts Act,1963;”;

(E) in sub-clause (3),—

(a) in item (i), for the words“Municipal Corporation”, thewords, brackets and figures“Council as defined in clause(9) of section 2 of the New DelhiMunicipal Council Act, 1994 or

Corporation or Corporationsnotified under sub-section (1) ofsection 3 of the Delhi MunicipalCorporation Act, 1957,” shall besubstituted;

(b) after item (iii), the following itemshall be inserted, namely:—

‘(iv) any premisesbelonging to, or taken onlease by, or on behalf of anyGovernment company asdefined in clause (45) ofsection 2 of the CompaniesAct, 2013.

Explanation.— For the purposes ofthis clause, the expression, “StateGovernment”occurring in clause (45) ofthe said section shall mean theGovernment of the National CapitalTerritory of Delhi,’

(F) in clause (fa),—

(a) in sub-clause (ii), after the words,brackets and figures “in item (i) of sub--clause (2)”, the words, brackets andfigures “and in item (iv) of sub-clause (3)”shall be inserted;

(b) in sub-clause (v), for the word“Corporation”, the words, “CouncilCorporation or Corporations” shall besubstituted.

3. Amendment of section 4.— In section 4 ofthe principal Act,—

(a) for sub-section (1), the following sub--sections shall be substituted, namely:—

“(1) If the estate officer has informationthat any person is in unauthorisedoccupation of any public premises andthat he should be evicted, the estateofficer shall issue in the mannerhereinafter provided a notice in writingwithin seven working days from the dateof receipt of the information regardingthe unauthorised occupation calling upon

1 of 1956.

60 of 2002.

18 of 2013.

18 of 2013.

38 of 1963.

44 of 1994.

66 of 1957.

18 of 2013.


1520

the person concerned to show cause whyan order of eviction should not be made.

(1A) If the estate officer knows or hasreasons to believe that any person is inauthorised occupation of the publicpremises, then, without prejudice to theprovisions of sub-section (1), he shallforthwith issue a notice in writing callingupon the person concerned to showcause why an order of eviction shouldnot be made.

(1B) Any delay in issuing a noticereferred to in sub-sections (1) and (1A)shall not vitiate the proceedings underthis Act.”;

(b) in sub-section (2), in clause (b), insub-clause (i), for the words “earlier than”,the words “later than” shall be substituted.


(a) for sub-section (1), the following sub--section shall be substituted, namely:—

“(1) If, after considering the cause, ifany, shown by any person in pursuanceof a notice under section 4 and anyevidence produced by him in support ofthe same and after personal hearing, ifany, given under sub-clause (ii) of clause(b) of sub-section (2) of section 4, theestate officer is satisfied that the publicpremises are in unauthorised occupation,the estate officer shall make an order ofeviction, for reasons to be recordedtherein, directing that the public premisesshall be vacated, on such date as may bespecified in the order but not later thanfifteen days from the date of the order,by all persons who may be in occupationthereof or any part thereof, and cause acopy of the order to be affixed on theouter door or some other conspicuous partof the public premises:

Provided that every order under thissub-section shall be made by the estateofficer as expeditiously as possible andall endeavour shall be made by him to

issue the order within fifteen days of thedate specified in the notice under sub--section (1) or sub-section (1A), as thecase may be, of section 4.”;

(b) after sub-section (2), the followingproviso shall be inserted, namely:—

“Provided that if the estate officer issatisfied, for reasons to be recorded inwriting, that there exists may compellingreason which prevents the person fromvacating the premises within fifteen days,the estate officer may grant anotherfifteen days from the date of expiry of theorder under sub-section (1) to the personto vacate the premises.”.


(a) in sub-section (2A), for the words“simple interest”, the words “compoundinterest” shall be substituted;

(b) in sub-section (3), for the words“within such time as may be specified inthe notice”, the words “within seven daysfrom the date of issue thereof” shall besubstituted;

(c) after sub-section (3), the followingsub-section shall be inserted, namely:—

“(4) Every order under this sectionshall be made by the estate officer asexpeditiously as possible and allendeavour shall be made by him to issuethe order within fifteen days of the datespecified in the notice.”.


(a) in sub-section (2), for the proviso, thefollowing proviso shall be substituted,namely:—

“Provided that the appellate officer mayentertain the appeal in exceptional casesafter the expiry of the said period, if heis satisfied for reasons to be recorded inwriting that there was compellingreasons which prevented the person fromfiling the appeal in time.”;


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(b) for sub-section (4), the followingsub-section shall be substituted, namely:—

“(4) Every appeal under this sectionshall be disposed of by the appellateofficer as expeditiously as possible andevery endeavour shall be made todispose of the appeal finally within onemonth from the date of filing the appeal,after providing the parties an opportunityof being heard.”.

_________

Notification

10/2/2015-LA/393

The Motor Vehicles (Amendment) Act, 2015(Central Act No. 3 of 2015), which has beenpassed by Parliament and assented to by thePresident on 19-03-2015 and published inthe Gazette of India, Extraordinary, Part II,section 1, dated 20-03-2015, is herebypublished for the general information of thepublic.



THE MOTOR VEHICLES (AMENDMENT)ACT, 2015

AN

ACT

further to amend the Motor Vehicles Act,1988.


1. Short title and commencement.— (1) ThisAct may be called the Motor Vehicles(Amendment) Act, 2015.


2. Insertion of new section 2A.—In the Motor Vehicles Act, 1988(hereinafter referred to as theprincipal Act), after section 2, thefollowing section shall be inserted,namely:—

‘2A. E-cart and e-rickshaw.— (1) Save asotherwise provided in the proviso to sub--section (1) of section 7 and sub-section(10) of section 9, the provisions of this Actshall apply to e-cart and e-rickshaw.

(2) For the purposes of this section,”e-cart or e-rickshaw” means a specialpurpose battery powered vehicle of powernot exceeding 4000 watts, having threewheels for carrying goods or passengers,as the case may be, for hire or reward,manufactured, constructed or adapted,equipped and maintained in accordancewith such specifications, as may beprescribed in this behalf.’.

3. Amendment of section 7.— In the principalAct, in section 7, in sub-section (1), thefollowing proviso shall be inserted, namely:—

“Provided that nothing contained inthis sub-section shall apply to an e-cart ore-rickshaw.”.

4. Amendment of section 9.— In the principalAct, in section 9, after sub-section (9), thefollowing sub-section shall be inserted,namely:—

“(10) Notwithstanding anythingcontained in this section, the drivinglicence to drive e-cart or e-rickshaw shallbe issued in such manner and subject tosuch conditions, as may be prescribed.”.

5. Amendment of section 27.— In theprincipal Act, in section 27,—

(i) clause (a) shall be renumbered asclause (aa) thereof and before clause (aa)as so renumbered, the following clauseshall be inserted, namely:—

“(a) specifications relating to e-cartand e-rickshaw under sub-section (2)of section 2A;”;

59 of 1988.


1522

(ii) after clause (f), the following clauseshall be inserted, namely:—

“(ff) the manner and the conditionssubject to which the driving licence maybe issued under sub-section (10) ofsection 9;”.

6. Repeal and saving.— (1) The MotorVehicles (Amendment) Ordinance,2015, is hereby repealed.

(2) Notwithstanding such repeal, anythingdone or any action taken under the principalAct, as amended by the said Ordinance,shall be deemed to have been done or takenunder the principal Act, as amended bythis Act.

_________

Notification

10/2/2015-LA/400

The Mines and Minerals (Development andRegulation) Amendment Act, 2015 (CentralAct No. 10 of 2015), which has been passed byParliament and assented to by the Presidenton 26-03-2015 and published in the Gazette ofIndia, Extraordinary, Part II, Section 1, dated27-03-2015, is hereby published for the generalinformation of the public.



THE MINES AND MINERALS(DEVELOPMENT AND REGULATION)

AMENDMENT ACT, 2015

AN

ACT

further to amend the Mines and Minerals(Development and Regulation) Act, 1957.


1. Short title and commencement.— (1) ThisAct may be called the Mines and Minerals(Development and Regulation) AmendmentAct, 2015.


2. Amendment of section 3.— In theMines and Minerals (Developmentand Regulation) Act, 1957 (hereinafterreferred to as the principal Act), insection 3,—

(i) after clause (e), the following clauseshall be inserted, namely:—

‘(ea) “notified minerals” means anymineral specified in the Fourth Schedule;’;

(ii) after clause (g), the following clauseshall be inserted, namely:—

‘(ga) “prospecting licence-cum-mininglease”means a two state concessiongranted for the purpose of undertakingprospecting operations followed bymining operations;’;

(iii) in clause (hb), the word “and”,occurring at the end, shall be omitted;

(iv) after clause (hb), the following clauseshall be inserted, namely:—

‘(hc) “Special Court” means a Court ofSession designated as Special Courtunder sub-section (1) of section 30B; and’.

3. Amendment of section 4.— Insection 4 of the principal Act, in thesecond proviso to sub-section (1),for the words and figures “section617 of the Companies Act, 1956”,the words, brackets and figures“clause (45) of section 2 of theCompanies Act, 2013, and any suchentity that may be notified for thispurpose by the Central Government”shall be substituted.

4. Amendment of section 4A.— In section4A of the principal Act, in sub-section (4), forthe provisos, the following provisos shall besubstituted, namely:—

Ord. 2of 2015. 67 of 1957.

18 of 2013.

1 of 1956.


1523

“Provided that the State Governmentmay, on an application made by the holderof such lease before it lapses and on beingsatisfied that it will not be possible for theholder of the lease to undertake miningoperations or to continue such operationsfor reasons beyond his control, make anorder, within a period of three months fromthe date of receiving of such application,subject to such conditions as may beprescribed, to the effect that such leaseshall not lapse:

Provided further that such lease shalllapse on failure to undertake miningoperations or inability to continue the samebefore the end of a period of six monthsfrom the date of the order of the StateGovernment:

Provided also that the State Governmentmay, on an application made by the holderof a lease submitted within a period of sixmonths from the date of its lapse and onbeing satisfied that such non-commence-ment or discontinuance was due to reasonsbeyond the control of the holder of thelease, revive the lease within a period ofthree months from the date of receivingthe application from such prospectiveor retrospective date as it thinks fit butnot earlier than the date of lapse of thelease:

Provided also that no lease shall berevived under the third proviso for morethan twice during the entire period of thelease.”.


(A) in sub-section (1),—

(i) in clause (a), for the words,brackets and figures “sub--section (1) of section 3 of theCompanies Act, 1956”, thewords, brackets and figures“clause (20) of section 2 of theCompanies Act, 2013” shall besubstituted;

(ii) for the proviso, the following provisoshall be substituted, namely:—

“Provided that in respect of anymineral specified in Part A and Part Bof the First Schedule, no reconnais-sance permit, prospecting licence ormining lease shall be granted exceptwith the previous approval of theCentral Government.”;

(B) in sub-section (2),—

(i) for clause (a), the following clauseshall be substituted, namely:—

“(a) there is evidence to show theexistence of mineral contents in thearea for which the application for amining lease has been made inaccordance with such parameters asmay be prescribed for this purpose bythe Central Government;”;

(ii) after clause (b), the followingproviso shall be inserted, namely:—

“Provided that a mining lease maybe granted upon the filing of a miningplan in accordance with a systemestablished by the State Governmentfor preparation, certification, andmonitoring of such plan, with theapproval of the Central Government.”.

6. Amendment of section 6.— In section 6 ofthe principal Act, in sub-section (1), in clause(b), for the proviso, the following proviso shallbe substituted, namely:—

“Provided that if the Central Governmentis of the opinion that in the interest of thedevelopment of any mineral or industry, itis necessary so to do, it may, for reasons tobe recorded in writing, increase theaforesaid area limits in respect ofprospecting licence or mining lease, in sofar as it pertains to any particular mineral,or to any specified category of deposits ofsuch mineral, or to any particular minerallocated in any particular area.”.

7. Substitution of new section for section 8.—For section 8 of the principal Act, the followingsection shall be substituted, namely:—

18 of 2013.

1 of 1956.


1524

“8. Periods for which mining leases maybe granted or renewed.— (1) The provisionsof this section shall apply to mineralsspecified in Part A of the First Schedule.

(2) The maximum period for which amining lease may be granted shall notexceed thirty years:

Provided that the minimum period forwhich any such mining lease may begranted shall not be less than twenty years.

(3) A mining lease may be renewed fora period not exceeding twenty yearswith the previous approval of the CentralGovernment.”;

8. Insertion of new section 8A.— Aftersection 8 of the principal Act, the followingsection shall be inserted, namely:—

“8A. Period of grant of a mining lease forminerals other than coal, lignite and atomicminerals.— (1) The provisions of this sectionshall apply to minerals other than thosespecified in Part A and Part B of the FirstSchedule.

(2) On and from the date of thecommencement of the Mines and Minerals(Development and Regulation) AmendmentAct, 2015, all mining leases shall be grantedfor the period of fifty years.

(3) All mining leases granted before thecommencement of the Mines and Minerals(Development and Regulation) AmendmentAct, 2015 shall be deemed to have beengranted for a period of fifty years.

(4) On the expiry of the lease period, thelease shall be put up for auction as per theprocedure specified in this Act.

(5) Notwithstanding anything containedin sub-sections (2), (3) and sub-section (4),the period of lease granted before the dateof commencement of the Mines and Minerals(Development and Regulation) AmendmentAct, 2015, where mineral is used for captivepurpose, shall be extended and be deemed

to have been extended up to a periodending on the 31st March, 2030 with effectfrom the date of expiry of the period ofrenewal last made or till the completion ofrenewal period, if any, or a period of fiftyyears from the date of grant of such lease,whichever is later, subject to the conditionthat all the terms and conditions of thelease have been complied with.

(6) Notwithstanding anything containedin sub-sections (2), (3) and sub-section (4),the period of lease granted before the dateof commencement of the Mines and Minerals(Development and Rgulation) AmendmentAct, 2015, where mineral is used for otherthan captive purpose, shall be extendedand be deemed to have been extended upto a period ending on the 31st March, 2020with effect from the date of expiry of theperiod of renewal last made or till thecompletion of renewal period, if any, or aperiod of fifty years from the date of grantof such lease, whichever is later, subject tothe condition that all the terms andconditions of the lease have been compliedwith.

(7) Any holder of a lease granted, wheremineral is used for captive purpose, shallhave the right of first refusal at the time ofauction held for such lease after the expiryof the lease period.

(8) Notwithstanding anything containedin this section, the period of mining leases,including existing mining leases, ofGovernment companies or corporationsshall be such as may be prescribed bythe Central Government.

(9) The provisions of the section,notwithstanding anything containedtherein, shall not apply to a mining leasegranted before the date of commencementof the Mines and Minerals (Developmentand Regulation) Amendment Act, 2015, forwhich renewal has been rejected, or whichhas been determined, or lapsed.”.

9. Insertion of new sections 9B and 9C.—After section 9A of the principal Act, thefollowing sections shall be inserted, namely:—


1525

“9B. District Mineral Foundation.— (1) Inany district affected by mining relatedoperations, the State Government shall, bynotification, establish a trust, as a non-profitbody, to be called the District MineralFoundation.

(2) The object of the District MineralFoundation shall be to work for the interestand benefit of persons, and areas affectedby mining related operations in suchmanner as may be prescribed by the StateGovernment.

(3) The composition and functions of theDistrict Mineral Foundation shall be suchas may be prescribed by the StateGovernment.

(4) The State Government whilemaking rules under sub-sections(2) and (3) shall be guided by theprovisions contained in article 244read with Fifth and SixthSchedules to the Constitutionrelating to administration of theScheduled Areas and Tribal Areasand the Provisions of thePanchayats (Extension to theScheduled Areas) Act, 1996 andthe Scheduled Tribes and OtherTraditional Forest Dwellers(Recognition of Forest Rights) Act,2006.

(5) The holder of a mining lease or aprospecting licence-cum-mining leasegranted on or after the date ofcommencement of the Mines and Minerals(Development and Regulation) AmendmentAct, 2015, shall, in addition to the royalty,pay to the District Mineral Foundation ofthe district in which the mining operationsare carried on, an amount which isequivalent to such percentage of the royaltypaid in terms of the Second Schedule, notexceeding one-third of such royalty, as maybe prescribed by the Central Government.

(6) The holder of a mining lease grantedbefore the date of commencement of theMines and Minerals (Development and

Regulation) Amendment Act, 2015, shall, inaddition to the royalty, pay to the DistrictMineral Foundation of the district in whichthe mining operations are carried on, anamount not exceeding the royalty paid interms of the Second Schedule in suchmanner and subject to the categorisationof the mining leases and the amountspayable by the various categories of leaseholders, as may be prescribed by theCentral Government.

9C. National Mineral Exploration Trust.—(1) The Central Government shall, bynotification, estabish a Trust, as a non-profitbody, to be called the National MineralExploration Trust.

(2) The object of the Trust shall be touse the funds accrued to the Trust forthe purposes of regional and detailedexploration in such manner as may beprescribed by the Central Government.

(3) The composition and functions of theTrust shall be such as may be prescribedby the Central Government.

(4) The holder of a mining lease or aprospecting license-cum-mining lease shallpay to the Trust, a sum equivalent to twoper cent. of the royalty paid in terms of theSecond Schedule, in such manner as maybe prescribed by the Central Government.”.

10. Insertion of new sections 10A, 10B, and10C.— After section 10 of the principal Act,the following sections shall be inserted,namely:—

“10A. Rights of existing concession holdersand applicants.— (1) All applicationsreceived prior to the date of commencementof the Mines and Minerals (Developmentand Regulation) Amendment Act, 2015, shallbecome ineligible.

(2) Without prejudice to sub-section (1),the following shall remain eligible on andfrom the date of commencement of theMines and Minerals (Development andRegulation) Amendment Act, 2015:—

40 of 1996.

2 of 2007.


1526

(a) applications received under section11A of this Act;

(b) where before the commencementof the Mines and Minerals (Developmentand Regulation) Amendment Act, 2015 areconnaissance permit or prospectinglicence has been granted in respect ofany land for any mineral, the permitholder or the licensee shall have a rightfor obtaining a prospecting licencefollowed by a mining lease, or a mininglease, as the case may be, in respect ofthat mineral in that land, if the StateGovernment is satisfied that the permitholder or the licensee, as the case maybe,—

(i) has undertaken reconnaissanceoperations or prospecting operations,as the case may be, to establish theexistence of mineral contents in suchland in accordance with suchparameters as may be prescribed bythe Central Government;

(ii) has not committed any breachof the terms and conditions of thereconnaissance permit or theprospecting licence;

(iii) has not become ineligible underthe provisions of this Act; and

(iv) has not failed to apply for grantof prospecting licence or mining lease,as the case may be, within a period ofthree months after the expiry ofreconnaissance permit or prospectinglicence, as the case may be, or withinsuch further period not exceeding sixmonths as may be extended by theState Government;

(c) where the Central Government hascommunicated previous approval asrequired under sub-section (1) of section5 for grant of a mining lease, or if a letterof intent (by whatever name called) hasbeen issued by the State Government togrant a mining lease, before thecommencement of the Mines and

Minerals (Development and Regulation)Amendment Act, 2015, the mining leaseshall be granted subject to fulfillment ofthe conditions of the previous approvalor of the letter of intent within a periodof two years from the date ofcommencement of the said Act:

Provided that in respect of any mineralspecified in the First Schedule, noprospecting licence or mining lease shallbe granted under clause (b) of this sub--section except with the previousapproval of the Central Government.

10B. Grant of mining lease in respect ofnotified minerals through auction.— (1) Theprovisions of this section shall not beapplicable to cases covered by section 10Aor section 17A or to minerals specified inPart A or Part B of the First Schedule or toland in respect of which the minerals donot vest in the Government.

(2) Where there is inadequate evidenceto show the existence of mineral contentsof any notified mineral in respect of anyarea, a State Government may, afterobtaining the previous approval of theCentral Government, grant a prospectinglicence-cum-mining lease for the saidnotified mineral in such area in accordancewith the procedure laid down in section 11.

(3) In areas where the existence ofmineral contents of any notified mineralis established in the manner prescribedby the Central Government, the StateGovernment shall notify such areas for grantof mining leases for such notified mineral,the terms and conditions subject to whichsuch mining leases shall be granted, andany other relevant conditions, in suchmanner as may be prescribed by theCentral Government.

(4) For the purpose of granting a mininglease in respect of any notified mineral insuch notified area, the State Governmentshall select, through auction by a method ofcompetitive bidding, including e-auction, an


1527

applicant who fulfils the eligibilityconditions as specified in this Act.

(5) The Central Government shallprescribe the terms and conditions, andprocedure, subject to which the auction shallbe conducted, including the biddingparameters for the selection, which mayinclude a share in the production of themineral, or any payment linked to theroyalty payable, or any other relevantparameter, or any combination ormodification of them.

(6) Without prejudice to the generality ofsub-section (5), the Central Governmentshall, if it is of the opinion that it is necessaryand expedient to do so, prescribe termsand conditions, procedure and biddingparameters in respect of categories ofminerals, size and area of mineral depositsand a State or States, subject to which theauction shall be conducted:

Provided that the terms and conditionsmay include the reservation of any particularmine or mines for a particular end-use andsubject to such condition which allow onlysuch eligible end users to participate in theauction.

(7) The State Government shall grant amining lease to an applicant selected inaccordance with the procedure laid downin this section in respect of such notifiedmineral in any notified area.

10C. Grant of non-exclusive reconnaissancepermits.— (1) Non-exclusive reconnaissancepermits may be granted in respect of anynotified mineral or non-notified mineral or agroup of specified minerals, other thanminerals specified in Part A or Part B of theFirst Schedule, subject to such terms andconditions as may be prescribed by theCentral Government.

(2) The holder of such non-exclusivereconnaissance permit shall not be entitledto make any claim for the grant of anyprospecting licence-cum-mining lease or amining lease.”.

11. Substitution of new section forsection 11.— For section 11 of the principalAct, the following section shall be substituted,namely:—

“11. Grant of prospecting licence-cum--mining lease through auction in respect ofminerals other than notified minerals.— (1)The provisions of this section shall not beapplicable to cases covered by section 10Aor section 17A or to minerals specified inPart A or Part B of the First Schedule or toland in respect of which minerals do notvest in the Government.

(2) In areas where there is evidence toshow the existence of mineral contents asrequired by clause (a) of sub-section (2) ofsection 5, the State Government shall granta mining lease for minerals other thannotified minerals following the procedurelaid down in section 10B.

(3) In areas where there is inadequateevidence to show the existence of mineralcontents as required under clause (a) ofsub-section (2) of section 5, the StateGovernment shall grant a prospectinglicence-cum-mining lease for mineralsother than notified minerals in accordancewith the procedure laid down in thissection.

(4) The State Government shall notify theareas in which prospecting licence-cum--mining leases shall be granted for anyminerals other than notified minerals, theterms and conditions subject to which suchprospecting licence-cum-mining leasesshall be granted, and any other relevantconditions, in such manner as may beprescribed by the Central Government.

(5) For the purpose of grantingprospecting licence-cum-mining leases, theState Government shall select, throughauction by method of competitive bidding,including e-auction, an applicant who fulfilsthe eligibility conditions as specified in thisAct.


1528

(6) The Central Government shallprescribe the terms and conditions, andprocedure, subject to which the auction shallbe conducted, including the biddingparameters for the selection, which mayinclude a share in the production of themineral, or any payment linked to theroyalty payable, or any other relevantparameter, or any combination ormodification of them.

(7) Without prejudice to the generalityof sub-section (6), the Central Governmentshall, if it is of the opinion that it is necessaryand expedient to do so, prescribe termsand conditions, procedure and biddingparameters in respect of categories ofminerals, size and area of mineral depositsand a State or States, subject to which theauction shall be conducted.

(8) The State Government shall grant aprospecting licence-cum-mining lease to anapplicant selected in accordance with theprocedure laid down in this section.

(9) The holder of a prospecting licence--cum-mining lease shall be required tocomplete, within the period laid down insection 7, the prospecting operationssatisfactorily as specified in the noticeinviting applications.

(10) A holder of a prospecting licence--cum-mining lease, who completes theprospecting operation as laid down in sub--section (9) and establishes the existenceof mineral contents in the area in conformitywith such parameters as may be prescribedfor this purpose by the Central Government,shall be required to apply for a mining leasefor such area and shall have the right to getthe mining lease and thereafter undertakemining operations in accordance with theprovisions of this Act.”.

12. Insertion of new sections 11B and 11C.—After section 11A of the principal Act, thefollowing sections shall be inserted, namely:—

“11B. Power of Central Government tomake rules for regulating atomic minerals

specified under Part B of First Schedule.—The Central Government may, bynotification in the Official Gazette, makerules for regulating the grant of miningleases or other mineral concessions inrespect of minerals specified in Part B ofthe First Schedule and for purposesconnected therewith, and the StateGovernment shall grant a reconnaissancepermit, prospecting licence or mining leasein respect of any such mineral in accordancewith such rules.

11C. Power of Central Government toamend First Schedule and Fourth Schedule.—The Central Government may, bynotification in the Official Gazette, amendthe First Schedule and the Fourth Scheduleso as to add or delete any mineral as maybe specified in the notification.”.


“12A.Transfer of mineral concessions.— (1)The provisions of this section shall not applyto minerals specified in Part A or Part B ofthe First Schedule.

(2) A holder of a mining lease or aprospecting licence-cum-mining leasegranting in accordance with the procedurelaid down in section 10B or section 11 may,with the previous approval of the StateGovernment, transfer his mining lease orprospecting licence-cum-mining lease, asthe case may be, in such manner as may beprescribed by the Central Government, tomay person eligible to hold such mininglease or prospecting licence-cum-mininglease in accordance with the provisions ofthis Act and the rules made thereunder.

(3) If the State Government does notconvey its previous approval for transfer ofsuch mining lease or prospecting licence--cum-mining lease, as the case may be,within a period of ninety days from thedate of receiving such notice, if shall beconstrued that the State Government hasno objection to such transfer:


1529

Provided that the holder of the originalmining lease or prospecting licence-cum--mining lease shall intimate to the StateGovernment the consideration payable bythe successor-in-interest for the transfer,including the consideration in respect ofthe prospecting operations alreadyundertaken and the reports and datagenerated during the operations.

(4) No such transfer of a mining lease orprospecting licence-cum-mining lease,referred to in sub-section (2), shall take placeif the State Government, within the noticeperiod and for reasons to be communicatedin writing, disapproves the transfer on theground that the transferee is not eligible asper the provisions of this Act:

Provided that no such transfer of amining lease or of a prospecting licence--cum-mining lease, shall be made incontravention of any condition subject towhich the mining lease or the prospectinglicence-cum-mining lease was granted.

(5) All transfers effected under thissection shall be subject to the conditionthat the transferee has accepted all theconditions and liabilities under any law forthe time being in force which the transferorwas subject to in respect of such a mininglease or prospecting licence-cum-mininglease, as the case may be.

(6) The transfer of mineral concessionsshall be allowed only for concessionswhich are granted through auction.”.

14. Amendment of section 13.— In section13 of the principal Act, in sub-section (2),—

(i) after clause (j), the following clauseshall be inserted, namely:—

“(jj) parameters of existence of mineralcontents under clause (a) of sub-section(2) of section 5;”;

(ii) in clause (qq), the word “and”occurring at the end shall be omitted;

(iii) after clause (qq), the following clausesshall be inserted, namely:—

“(qqa) the amount of payment to bemade to the District Mineral Foundationunder sub-sections (5) and (6) of section9B;

(qqb) the manner of usage of fundsaccrued to the National MineralExploration Trust under sub-section (2)of section 9C;

(qqc) the composition and functions ofthe National Mineral Exploration Trustunder sub-section (3) of section 9C;

(qqd) the manner of payment of amountto the National Mineral Exploration Trustunder sub-section (4) of section 9C;

(qqe) the terms and conditions subjectto which mining leases shall be grantedunder sub-section (3) of section 10B;

(qqf) the terms and conditions, andprocedure, subject to which the auctionshall be conducted including the biddingparameters for the selection under sub--section (5) of section 10B;

(qqg) the time limits for various stagesin processing applications for grant ofmining lease or prospecting licence-cum--mining lease under sections 10B, 11,11A, 11B, and section 17A, and theirrenewals;

(qqh) the terms and conditions forgrant of non-exclusive reconnaissancepermits under sub-section (1) of section10C;

(qqi) the terms and conditions for grantof prospecting licence-cum-mining leasesunder sub-section (4) of section 11;

(qqj) the terms and conditions, andprocedure, including the bidding parame-ters for the selection under sub-section(6) of section 11;

(qqk) the amount to be payable by aGovernment company or corporation, or


1530

a joint venture for grant of mining leaseunder sub-section (2C) of section 17A;and”.

15. Amendment of section 15.— In section15 of the principal Act, after sub-section (3),the following sub-section shall be inserted,namely:—

“(4) Without prejudice to sub-sections(1), (2) and sub-section (3), the StateGovernment may, by notification, makerules for regulating the provisions of thisAct for the following, namely:—

(a) the manner in which the DistrictMineral Foundation shall work for theinterest and benefit of persons and areasaffected by mining under sub-section (2)of section 9B;

(b) the composition and functions ofthe District Mineral Foundation undersub-section (3) of section 9B; and

(c) the amount of payment to be madeto the District Mineral Foundation byconcession holders of minor mineralsunder section 15A.”.


“15A. Power of State Government to collectfunds for District Mineral Foundation in caseof minor minerals.— The State Governmentmay prescribe the payment by all holdersof concessions related to minor minerals ofamounts to the District Mineral Foundationof the district in which the mining operationsare carried on.”.

17. Amendment of section 17A.— In section17A of the principal Act, after sub-section (2),the following sub-sections shall be inserted,namely:—

“(2A) Where in exercise of the powersconferred by sub-section (1A) or sub--section (2), the Central Government or the

State Government, as the case may be,reserves any area for undertakingprospecting or mining operations, theState Government shall grant prospectinglicence or mining lease, as the case maybe, in respect of such area to suchGovernment company or corporation:

Provided that in respect of any mineralspecified in Part A and Part B of the FirstSchedule, the State Government shall grantthe prospecting licence or mining lease,as the case may be, only after obtainingthe previous approval of the CentralGovernment.

(2B) Where the Government company orcorporation is desirous of carrying out theprospecting operations or mining operationsin a joint venture with other persons, thejoint venture partner shall be selectedthrough a competitive process, and suchGovernment company or corporation shallhold more than seventy-four per cent. ofthe paid up share capital in such jointventure.

(2C) A mining lease granted to aGovernment company or corporation, or ajoint venture, referred to in sub-sections(2A) and (2B), shall be granted on paymentof such amount as may be prescribed bythe Central Government.”.


“20A. Power of Central Government toissue directions.— (1) Notwithstandingaything contained in this Act, the CentralGovernment may issue such directions tothe State Governments, as may be requiredfor the conservation of mineral resources,or on any policy matter in the nationalinterest, and for the scientific andsustainable development and exploitationof mineral resources.

(2) In particular, and without prejudiceto the generality of the foregoing powers,the Central Government may also issue


1531

directions in respect of the followingmatters, namely:—

(i) improvement in procedure for grantof mineral concessions and to ensureco-ordination among agencies entrustedwith according statutory clearances;

(ii) maintenance of internet-baseddatabases including development andoperation of a mining tenement system;

(iii) implementation and evaluation ofsustainable development frameworks;

(iv) reduction in waste generation andrelated waste management practices andpromotion of recycling of materials;

(v) minimising and mitigating adverseenvironmental impacts particularly inrespect of ground water, air, ambientnoise and land;

(vi) ensuring minimal ecologicaldisturbance, in terms of bio-diversity,flora, fauna and habitat;

(vii) promoting restoration andreclamation activities so as to makeoptimal use of mined out land for thebenefit of the local communities; and

(viii) such other matters as may benecessary for the purposes ofimplementation of this Act.”.

19. Amendment of section 21.—In section 21of the principal Act, for sub-sections (1) and(2), the following sub-sections shall besubstituted, namely:—

“(1) Whoever contravenes the provisionsof sub-section (1) or sub-section (1A) ofsection 4 shall be punishable withimprisonment for a term which may extendto five years and with fine which mayextend to five lakh rupees per hectare ofthe area.

(2) Any rule made under any provision ofthis Act may provide that any contravention

thereof shall be punishable withimprisonment for a term which may extendto two years or with fine which may extendto five lakh rupees, or wth both, and in thecase of a continuing contravention, withadditional fine which may extend to fiftythousand rupees for every day duringwhich such contravention continuesafter conviction for the first suchcontravention.”.

20. Substitution of new section for section30.— For section 30 of the principal Act, thefollowing section shall be substituted,namely:—

“30. Power of revision by CentralGovernment.— The Central Governmentmay, of its own motion or on an applicationmade within the prescribed time by anaggrieved party,—

(a) revise any order made by a StateGovernment or other authority in exerciseof the powers conferred on it by or underthis Act with respect to any mineral otherthan a minor mineral; or

(b) where no such order has beenmade by the State Government or otherauthority in exercise of the powersconferred on it by or under this Act withrespect to any mineral other than a minormineral within the time prescribedtherefor, pass such order as it maythink fit and appropriate in thecircumstances:

Provided that in cases covered byclause (b) the Central Government shall,before passing any order under thisclause, give an opportunity of being heardor to represent in the matter.”.

21. Insertion of new sections 30B and 30C.—After section 30A of the principal Act,the following sections shall be inserted,namely:—

“30B. Constitution of Special Courts.— (1)The State Government may, for the


1532

purposes of providing speedy trial ofoffences for contravention of the provisionsof sub-section (1) or sub-section (1A) ofsection 4, constitute, by notification, asmany Special Courts as may be necessaryfor such area or areas, as may be specifiedin the notification.

(2) A Special Court shall consist of aJudge who shall be appointed by the StateGovernment with the concurrence of theHigh Court.

(3) A person shall not be qualified forappointment as a judge of a Special Courtunless he is or has been a District andSessions Judge.

(4) Any person aggrieved by the order ofthe Special Court may prefer an appeal tothe High Court within a period of sixty daysfrom the date of such order.

30C. Special Courts to have powersof Court of Session.— Save asotherwise provided in this Act, theCode of Criminal Procedure, 1973,shall apply to the proceedings beforethe Special Court and for thepurpose of the provisions of thisAct, the Special Court shall bedeemed to be a Court of Sessionand shall have all powers of a Courtof Session and the person conductinga prosecution before the SpecialCourt shall be deemed to be a publicprosecutor.”.

22. Amendment of First Schedule.— In theprincipal Act, in the First Schedule, for thefigures and brackets “8(2)”, the figures,brackets, letters and word “8(1), 8A(1), 10A,10B(1), 10C(1), 11(1), 11B, 11C, 12A(1), and17A(2A)” shall be substituted.

23. Insertion of a new Schedule.— In theprincipal Act, after the Third Schedule,the following Schedule shall be inserted,namely:—

“THE FOURTH SCHEDULE

[See clause (ea) of section 3]

Notified Minerals

1. Bauxite.

2. Iron ore.

3. Limestone.

4. Manganese ore.”.

24. Power to remove difficulties.— (1) If anydifficulty arises in giving effect to theprovisions of the Mines and Minerals(Development and Regulation) AmendmentAct, 2015, the Central Government may, byorder, published in the Official Gazette, makesuch provisions not inconsistent with theprovisions of the said Act, as appear to it tobe necessary or expedient for removing thedifficulty:

Provided that no such order shall be madeunder this section after the expiry of a periodof two years from the comencement of thesaid Act.

(2) Every order made under this sectionshall be laid, as soon as may be after it ismade, before each House of Parliament.

25. Repeal and savings.— (1) TheMines and Minerals (Developmentand Regulation) AmendmentOrdinance, 2015, is hereby repealed.

(2) Notwithstanding such repeal, anythingdone or any action taken under the principalAct, as amended by the said Ordinance, shallbe deemed to have been done or taken underthe corresponding provisions of the principalAct, as amended by this Act.

___________

Notification

10/2/2015-LA/402

The Andhra Pradesh Reorganisation(Amendment) Act, 2015 (Central Act No. 12of 2015), which has been passed by Parlia-ment and assented to by the President on30-03-2015 and published in the Gazette of

2 of 1974.

Ord. 3 of2015.


1533

India, Extraordinary, Part II, Section 1, dated30-03-2015 is hereby published for the generalinformation of the public.


Porvorim, 24th November, 2015._________

THE ANDHRA PRADESH REORGANISATION(AMENDMENT) ACT, 2015

AN

ACT

further to amend the Andhra PradeshReorganisation Act, 2014.


1. Short title and commencement.— (1) ThisAct may be called the Andhra PradeshReorganisation (Amendment) Act, 2015.

(2) It shall come into force on such date asthe Central Government may, by notificationin the Official Gazette, appoint.

2. Amendment of section 22.— Inthe Andhra Pradesh ReorganisationAct, 2014 (hereinafter referred to asthe principal Act), in section 22, insub-section (1), for the figures andwords “50 members in the LegislativeCouncil of Andhra Pradesh”, thefigures and words “58 members inthe Legislative Council of AndhraPradesh” shall be substituted.

3. Amendment of section 23.— In secton 23of the principal Act,—

(i) in sub-section (1), for the figures andwords “50 seats in the Legislative Councilof Andhra Pradesh”, the figures and words“58 seats in the Legislative Council ofAndhra Pradesh” shall be substituted;

(ii) in sub-section (2), in clause (i), forsub-clause (a), the following sub-clause shallbe substituted, namely:—

‘(a) for the existing entry 1, thefollowing entry shall be substituted,namely:—

1 2 3 4 5 6 7

“1. Andhra 58 20 5 5 20 8”;’. Pradesh

_________

Notification

10/2/2015-LA/424

The Arbitration and Conciliation(Amendment) Ordinance, 2015 (Ordinance No.9 of 2015) which has been promulgated bythe President in the Sixty-sixth Year of theRepublic of India and published in the Gazetteof India, Extraordinary, Part II, Section I, dated23-10-2015, is hereby published for the generalinformation of the public.

Julio B. Noronha, Under Secretary (Law).

Porvorim, 15th December, 2015.________

MINISTRY OF LAW AND JUSTICE(Legislative Department)

New Delhi, the 23rd October, 2015/Kartika 1,1937 (Saka)

THE ARBITRATION AND CONCILIATION(AMENDMENT) ORDINANCE, 2015

No. 9 of 2015

Promulgated by the President in the Sixty--sixth Year of the Republic of India.

An Ordinance to amend the Arbitration andConciliation Act, 1996.

Whereas Parliament is not in session andthe President is satisfied that circumstancesexist which render it necessary for him totake immediate action;

Now, therefore, in exercise of the powersconferred by clause (1) of article 123 of theConstitution, the President is pleased topromulgate the following Ordinance:—

6 of 2014.


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1. Short title and commencement.— (1) ThisOrdinance may be called the Arbitration andConciliation (Amendment) Ordinance,2015.

(2) It shall come into force at once.

2. Amendment of section 2.— Inthe Arbitration and Conciliation Act,1996 (hereinafter referred to as theprincipal Act), in section 2,—

(I) in sub-section (1)—

(A) for clause (e), the following clauseshall be substituted, namely:—

‘(e) “Court” means—

(i) in the case of an arbitrationother than international commercialarbitration, the principal Civil Courtof original jurisdiction in a district,and includes the High Court inexercise of its ordinary original civiljurisdiction, having jurisdiction todecide the questions forming thesubject-matter of the arbitration ifthe same had been the subject--matter of a suit, but does not includeany civil court of a grade inferior tosuch principal Civil Court, or anyCourt of Small Causes;

(ii) in the case of internationalcommercial arbitration, the HighCourt in exercise of its ordinaryoriginal civil jurisdiction, havingjurisdiction to decide the questionsforming the subject-matter of thearbitration if the same had been thesubject-matter of a suit, and inother cases, a High Court havingjurisdiction to hear appeals fromdecrees of courts subordinate tothat High Court;’;

(B) in clause (f), in sub-clause (iii), thewords “a company or” shall be omitted;

(II) in sub-section (2), the followingproviso shall be inserted, namely:—

“Provided that subject to an agreementto the contrary, the provisions of sections9, 27, and clause (a) of sub-section (1) andsub-section (3) of section 37 shall also apply

to international commercial arbitration,even if the place of arbitration is outsideIndia, and an arbitral award made or to bemade in such place is enforceable andrecognised under the provisions of Part IIof this Ordinance.”.

3. Amendment of section 7.— In section 7 ofthe principal Act, in sub-section (4), in clause(b), after the words “or other means oftelecommunication”, the words “includingcommunication through electronic means”shall be inserted.


(i) for sub-section (1), the following sub--section shall be substituted, namely:—

“(1) A judicial authority, before whichan action is brought in a matter which isthe subject of an arbitration agreementshall, if a party to the arbitrationagreement or any person claimingthrough or under him, so applies not laterthan the date of submitting his firststatement on the substance of thedispute, then, notwithstanding anyjudgment, decree or order of the SupremeCourt or any Court, refer the partiesto arbitration unless it finds that primafacie no valid arbitration agreementexists.”;

(ii) in sub-section (2), the followingproviso shall be inserted, namely:—

“Provided that where the originalarbitration agreement or a certified copythereof is not available with the partyapplying for reference to arbitrationunder sub-section (1), and the saidagreement or certified copy is retainedby the other party to that agreement,then, the party so applying shall file suchapplication along with a copy of thearbitration agreement and a petitionpraying the Court to call upon the otherparty to produce the original arbitrationagreement or its duly certified copybefore that Court.”.

26 of 1996.


1535

5. Amendment of section 9.— Section 9 ofthe principal Act shall be re-numbered assub-section (1) thereof, and after sub-section(1) as so re-numbered, the following sub--sections shall be inserted, namely:—

“(2) Where, before the commencement ofthe arbitral proceedings, a Court passesan order for any interim measure ofprotection under sub-section (1), the arbitralproceedings shall be commenced within aperiod of ninety days from the date of suchorder or within such further time as theCourt may determine.

(3) Once the arbitral tribunal has beenconstituted, the Court shall not entertainan application under sub-section (1), unlessthe Court finds that circumstances existwhich may not render the remedy providedunder section 17 efficacious.”.

6. Amendment of section 11.— In section 11of the principal Act,-—

(i) in sub-sections (4), (5) and (6), for thewords “the Chief Justice or any person orinstitution designated by him” whereverthey occur, the words “the Supreme Courtor, as the case may be, the High Court orany person or institution designated bysuch Court” shall be substituted;

(ii) after sub-section (6), the followingsub-sections shall be inserted, namely:—

“(6A) The Supreme Court or, as thecase may be, the High Court, whileconsidering any application under sub--section (4) or sub-section (5) or sub--section (6), shall, notwithstanding anyjudgment, decree or order of any court,confine to the examination of theexistence of an arbitration agreement.

(6B) The designation of any person orinstitution by the Supreme Court or, asthe case may be, the High Court, for thepurposes of this section shall not beregarded as a delegation of judicialpower by the Supreme Court or the HighCourt.”;

(iii) in sub-section (7), for the words “theChief Justice or the person or institutiondesignated by him is final”, the words “theSupreme Court or, as the case may be, theHigh Court or the person or institutiondesignated by such Court is final and noappeal including Letters Patent Appealshall lie against such decision” shall besubstituted;

(iv) for sub-section (8), the following sub--section shall be substituted, namely:—

“(8) The Supreme Court or, as the casemay be, the High Court or the person orinstitution designated by such Court,before appointing an arbitrator, shall seeka disclosure in writing from theprospective arbitrator in terms of sub--section (1) of section 12, and have dueregard to—

(a) any qualifications required forthe arbitrator by the agreement of theparties; and

(b) the contents of the disclosureand other considerations as arelikely to secure the appointmentof an independent and impartialarbitrator.”;

(v) in sub-section (9), for the words “theChief Justice of India or the person orinstitution designated by him”, the words“the Supreme Court or the person orinstitution designated by that Court” shallbe substituted;

(vi) for sub-section (10), the following sub--section shall be substituted, namely:—

“(10) The Supreme Court or, as thecase may be, the High Court, may makesuch scheme as the said Court may deemappropriate for dealing with mattersentrusted by sub-section (4) or sub--section (5) or sub-section (6), to it.”;

(vii) in sub-section (11), for the words“the Chief Justices of different High Courtsor their designates, the Chief Justice or hisdesignate to whom the request has beenfirst made”, the words “different High


1536

Courts or their designates, the High Courtor its designate to whom the request hasbeen first made” shall be substituted;

(viii) for sub-section (12), the followingsub-section shall be substituted, namely:—

‘(12) (a) Where the matters referred toin sub-sections (4), (5), (6), (7), (8) andsub-section (10) arise in an internationalcommercial arbitration, the reference tothe “Supreme Court or, as the case maybe, the High Court” in those sub--sections shall be construed as areference to the “Supreme Court”; and

(b) where the matters referred to insub-sections (4), (5), (6), (7), (8) andsub-section (10) arise in any otherarbitration, the reference to “the SupremeCourt or, as the case may be, the HighCourt” in those sub-sections shall beconstrued as a reference to the “HighCourt” within whose local limits theprincipal Civil Court referred to in clause(e) of sub-section (1) of section 2 issituate, and where the High Court itselfis the Court referred to in that clause, tothat High Court.’;

(ix) after sub-section (12), the followingsub-sections shall be inserted, namely:—

“(13) An application made under thissection for appointment of an arbitratoror arbitrators shall be disposed of by theSupreme Court or the High Court or theperson or institution designated bysuch Court, as the case may be, asexpeditiously as possible and anendeavor shall be made to dispose ofthe matter within a period of sixty daysfrom the date of service of notice on theopposite party.

(14) For the purpose of determinationof the fees of the arbitral tribunal andthe manner of its payment to the arbitraltribunal, the High Court may frame suchrules as may be necessary, after takinginto consideration the rates specified inthe Fourth Schedule.

Explanation.— For the removal ofdoubts, it is hereby clarified that thissub-section shall not apply tointernational commercial arbitration andin arbitrations (other than internationalcommercial arbitration) in case whereparties have agreed for determinationof fees as per the rules of an arbitralinstitution.”.

7. Insertion of new section 11A.— Aftersection 11 of the principal Act, the followingnew section shall be inserted, namely:—

“11A. Power of Central Government toamend Fourth Schedule.— (1) If the CentralGovernment is satisfied that it is necessaryor expedient so to do, it may, by notificationin the Official Gazette, amend the FourthSchedule and thereupon the Fourth Scheduleshall be deemed to have been amendedaccordingly.

(2) A copy of every notification proposedto be issued under sub-section (1), shallbe laid in draft before each House ofParliament, while it is in session, for a totalperiod of thirty days which may becomprised in one session or in two or moresuccessive sessions, and if, before the expiryof the session immediately following thesession or the successive sessions aforesaid,both Houses agree in disapproving theissue of the notification or both Housesagree in making any modification in thenotification, the notification shall not beissued or as the case may be, shall beissued only in such modified form as maybe agreed upon by both the Houses ofParliament.”.

8. Amendment of section 12.— In section 12of the principal Act,—

(i) for sub-section (1), the following sub--section shall be substituted, namely:—

“(1) When a person is approached inconnection with his possible appointmentas an arbitrator, he shall disclose inwriting any circumstances,—

(a) such as the existence eitherdirect or indirect, of any past or present


1537

relationship with or interest in any ofthe parties or in relation to the subjectmatter in dispute, whether financial,business, professional or other kind,which is likely to give rise to justifiabledoubts as to his independence orimpartiality; and

(b) which are likely to affect hisability to devote sufficient time to thearbitration and in particular his abilityto complete the entire arbitrationwithin a period of twelve months.

Explanation 1.— The grounds statedin the Fifth Schedule shall guide indetermining whether circumstancesexist which give rise to justifiabledoubts as to the independence orimpartiality of an arbitrator.

Explanation 2.—The disclosure shallbe made by such person in the formspecified in the Sixth Schedule.”;

(ii) after sub-section (4), the followingsub-section shall be inserted, namely.—

“(5) Notwithstanding any prioragreement to the contrary, any personwhose relationship, with the parties orcounsel or the subject matter of thedispute, falls under any of the categoriesspecified in the Seventh Schedule shallbe ineligible to be appointed as anarbitrator:

Provided that parties may, subsequentto disputes having arisen between them,waive the applicability of this sub-sectionby an express agreement in writing:

Provided further that this sub-sectionshall not apply to cases where anarbitrator has already been appointedon or before the commencement ofthe Arbitration and Conciliation(Amendment) Ordinance, 2015.”.

9. Amendment of section 14.— In section 14of the principal Act, in sub-section (1), in theopening portion, for the words “The mandateof an arbitrator shall terminate if”, the words

“The mandate of an arbitrator shall terminateand he shall be substituted by anotherarbitrator, if” shall be substituted.

10. Substitution of new section for section17.— For section 17 of the principal Act, thefollowing section shall be substituted,namely:—

“17. Interim measures ordered by arbitraltribunal.— (1) A party may, during thearbitral proceedings or at any time afterthe making of the arbitral award but beforeit is enforced in accordance with section36, apply to the arbitral tribunal—

(i) for the appointment of a guardianfor a minor or person of unsound mindfor the purposes of arbitral proceedings;or

(ii) for an interim measure of protectionin respect of any of the following matters,namely:—

(a) the preservation, interim custodyor sale of any goods which are thesubject matter of the arbitrationagreement;

(b) securing the amount in disputein the arbitration;

(c) the detention, preservation orinspection of any property or thingwhich is the subject-matter of thedispute in arbitration, or as to whichany question may arise therein andauthorising for any of the aforesaidpurposes any person to enter uponany land or building in the possessionof any party, or authorising anysamples to be taken, or anyobservation to be made, or experimentto be tried, which may be necessaryor expedient for the purpose ofobtaining full information or evidence;

(d) interim injunction or theappointment of a receiver;

(e) such other interim measure ofprotection as may appear to the


1538

arbitral tribunal to be just andconvenient,

and the arbitral tribunal shall have the samepower for making orders, as the court hasfor the purpose of, and in relation to, anyproceedings before it.

(2) Subject to any orders passedin an appeal under section 37,any order issued by the arbitraltribunal under this section shallbe deemed to be an order of theCourt for all purposes and shallbe enforceable under the Code ofCivil Procedure, 1908, in the samemanner as if it were an order ofthe Court.”.

11. Amendment of section 23.— In section23 of the principal Act, after sub-section (2),the following sub-section shall be inserted,namely:—

“(2A) The respondent, in support of hiscase, may also submit a counter claim orplead a set-off, which shall be adjudicatedupon by the arbitral tribunal, if suchcounterclaim or set-off falls within thescope of the arbitration agreement.”.

12. Amendment of section 24.— In section24 of the principal Act, after the proviso tosub-section (1), the following proviso shall beinserted, namely:—

“Provided further that the arbitral tribunalshall, as far as possible, hold oral hearingsfor the presentation of evidence or for oralargument on day-to-day basis, and notgrant any adjournments unless sufficientcause is made out, and may impose costsincluding exemplary costs on the partyseeking adjournment without any sufficientcause.”.

13. Amendment of section 25.— In section25 of the principal Act, in clause (b), at theend, after the words “allegations by theclaimant”, the words “and shall have the

discretion to treat the right of the respondentto file such statement of defence as havingbeen forfeited” shall be inserted.

14. Amendment of section 28.— In section28 of the principal Act, for sub-section (3), thefollowing sub-section shall be substituted,namely:—

“(3) While deciding and making anaward, the arbitral tribunal shall, in allcases, take into account the terms of thecontract and trade usages applicable tothe transaction.”.

15. Insertion of new sections 29A and 29B.—After section 29 of the principal Act, thefollowing new sections shall be inserted,namely:—

“29A. Time limit for arbitral award.— (1)The award shall be made within a periodof twelve months from the date the arbitraltribunal enters upon the reference.

Explanation.— For the purpose of thissub-section, an arbitral tribunal shall bedeemed to have entered upon the referenceon the date on which the arbitrator or allthe arbitrators, as the case may be, havereceived notice, in writing, of theirappointment.

(2) If the award is made within a periodof six months from the date the arbitraltribunal enters upon the reference, thearbitral tribunal shall be entitled to receivesuch amount of additional fees as theparties may agree.

(3) The parties may, by consent, extendthe period specified in sub-section (1) formaking award for a further period notexceeding six months.

(4) If the award is not made within theperiod specified in sub-section (1) or theextended period specified under sub--section (3), the mandate of the arbitrator(s)shall terminate unless the Court has, eitherprior to or after the expiry of the period sospecified, extended the period:

5 of 1908.


1539

Provided that while extending the periodunder this sub-section, if the Court findsthat the proceedings have been delayedfor the reasons attributable to the arbitraltribunal, then, it may order reduction offees of arbitrator(s) by not exceeding fiveper cent. for each month of such delay.

(5) The extension of period referred to insub-section (4) may be on the applicationof any of the parties and may be grantedonly for sufficient cause and on such termsand conditions as may be imposed by theCourt.

(6) While extending the period referredto in sub-section (4), it shall be open to theCourt to substitute one or all of thearbitrators and if one or all of the arbitratorsare substituted, the arbitral proceedingsshall continue from the stage alreadyreached and on the basis of the evidenceand material already on record, and thearbitrator(s) appointed under this sectionshall be deemed to have received the saidevidence and material.

(7) In the event of arbitrator(s) beingappointed under this section, the arbitraltribunal thus reconstituted shall be deemedto be in continuation of the previouslyappointed arbitral tribunal.

(8) It shall be open to the Court to imposeactual or exemplary costs upon any of theparties under this section.

(9) An application filed under sub--section (5) shall be disposed of by theCourt as expeditiously as possible andendeavour shall be made to dispose of thematter within a period of sixty days fromthe date of service of notice on the oppositeparty.

29B. Fast track procedure.— (1) Notwith-standing anything contained in this Act,the parties to an arbitration agreement,may, at any stage either before or at thetime of appointment of the arbitral tribunal,agree in writing to have their dispute

resolved by fast track procedure specifiedin sub-section (3).

(2) The parties to the arbitrationagreement, while agreeing for resolution ofdispute by fast track procedure, may agreethat the arbitral tribunal shall consist of asole arbitrator who shall be chosen by theparties.

(3) The arbitral tribunal shall follow thefollowing procedure while conductingarbitration proceedings under sub--section (1):

(a) The arbitral tribunal shall decidethe dispute on the basis of writtenpleadings, documents and submissionsfiled by the parties without any oralhearing;

(b) The arbitral tribunal shall havepower to call for any further informationor clarification from the parties inaddition to the pleadings and documentsfiled by them;

(c) An oral hearing may be held only,if, all the parties make a request or if thearbitral tribunal considers it necessaryto have oral hearing for clarifying certainissues;

(d) The arbitral tribunal may dispensewith any technical formalities, if an oralhearing is held, and adopt such procedureas deemed appropriate for expeditiousdisposal of the case.

(4) The award under this section shall bemade within a period of six months fromthe date the arbitral tribunal enters uponthe reference.

(5) If the award is not made within theperiod specified in sub-section (4), theprovisions of sub-sections (3) to (9) ofsection 29A shall apply to the proceedings.

(6) The fees payable to the arbitratorand the manner of payment of the fees


1540

shall be such as may be agreed betweenthe arbitrator and the parties.”.

16. Amendment of section 31.— In section31 of the principal Act,—

(i) in sub-section (7), for clause (b), thefollowing shall be substituted, namely:—

‘(b) A sum directed to be paid by anarbitral award shall, unless the awardotherwise directs, carry interest at therate of two per cent. higher than thecurrent rate of interest prevalent on thedate of award, from the date of award tothe date of payment.

Explanation.—The expression“current rate of interest” shallhave the same meaning asassigned to it under clause (b)of section 2 of the Interest Act,1978.’;

(ii) for sub-section (8), the followingsub-section shall be substituted, namely:—

“(8) The costs of an arbitration shallbe fixed by the arbitral tribunal inaccordance with section 31A.”.

17. Insertion of new section 31A.— Aftersection 31 of the principal Act, the followingnew section shall be inserted, namely:—

“31A. Regime for costs.— (1) Inrelation to any arbitrationproceeding or a proceeding underany of the provisions of this Actpertaining to the arbitration, theCourt or arbitral tribunal,notwithstanding anythingcontained in the Code of CivilProcedure, 1908, shall have thediscretion to determine—

(a) whether costs are payable by oneparty to another;

(b) the amount of such costs; and

(c) when such costs are to be paid.

Explanation.— For the purpose of thissub-section, “costs” means reasonablecosts relating to—

(i) the fees and expenses of thearbitrators, Courts and witnesses;

(ii) legal fees and expenses;

(iii) any administration fees of theinstitution supervising the arbitration;and

(iv) any other expenses incurred inconnection with the arbitral or Courtproceedings and the arbitral award,

(2) If the Court or arbitral tribunal decidesto make an order as to payment of costs,—

(a) the general rule is that theunsuccessful party will be ordered to paythe costs of the successful party; or

(b) the Court or arbitral tribunal maymake a different order for reasons to berecorded in writing.

(3) In determining the costs, the Court orarbitral tribunal shall have regard to all thecircumstances, including—

(a) the conduct of all the parties;

(b) whether a party has succeededpartly in the case;

(c) whether the party had made afrivolous counter claim leading to delayin the disposal of the arbitral proceedings;and

(d) whether any reasonable offer tosettle the dispute is made by a partyand refused by the other party.

(4) The Court or arbitral tribunal maymake any order under this section includingthe order that a party shall pay—

(a) a proportion of another party’scosts;

(b) a stated amount in respect ofanother party’s costs;

5 of 1908.

14 of 1978.


1541

(c) costs from or until a certain dateonly;

(d) costs incurred before proceedingshave begun;

(e) costs relating to particular stepstaken in the proceedings;

(f) costs relating only to a distinct partof the proceedings; and

(g) interest on costs from or until acertain date.

(5) An agreement which has the effectthat a party is to pay the whole or part ofthe costs of the arbitration in any eventshall be only valid if such agreement ismade after the dispute in question hasarisen.”.

18. Amendment of section 34.— In section34 of the principal Act,—

(I) in sub-section (2), in clause (b), for theExplanation, the following Explanationsshall be substituted, namely:—

“Explanation I.— For the avoidance ofany doubt, it is clarified that an award isin conflict with the public policy of India,only if,—

(i) the making of the award wasinduced or affected by fraud or corruptionor was in violation of section 75 or section81; or

(ii) it is in contravention with thefundamental policy of Indian law; or

(iii) it is in conflict with the most basicnotions of morality or justice.

Explanation 2.— For the avoidance ofdoubt, the test as to whether there is acontravention with the fundamental policyof Indian law shall not entail a review onthe merits of the dispute.”;

(II) after sub-section (2), the followingsub-section shall be inserted, namely:—

“(2A) An arbitral award arising out ofarbitrations other than internationalcommercial arbitrations, may also be setaside by the Court, if the Court findsthat the award is vitiated by patentillegality appearing on the face of theaward:

Provided that an award shall not beset aside merely on the ground of anerroneous application of the law or byre-appreciation of evidence.”;

(III) after sub-section (4), the followingsub-sections shall be inserted, namely:—

“(5) An application under this sectionshall be filed by a party only after issuinga prior notice to the other party andsuch application shall be accompaniedby an affidavit by the applicant endorsingcompliance with the said requirement.

(6) An application under this sectionshall be disposed of expeditiously, and inany event, within a period of one yearfrom the date on which the notice referredto in sub-section (5) is served upon theother party.”.

19. Substitution of new section forsection 36.— For section 36 of the principalAct, the following section shall be substituted,namely:—

“36. Enforcement.— (1) Wherethe time for making an applicationto set aside the arbitral awardunder section 34 has expired,then, subject to the provisions ofsub-section (2), such award shallbe enforced in accordance withthe provisions of the Code of CivilProcedure, 1908, in the samemanner as if it were a decree ofthe court.

(2) Where an application to set aside thearbitral award has been filed in the Courtunder section 34, the filing of such anapplication shall not by itself render thataward unenforceable, unless the Court

5 of 1908.


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grants an order of stay of the operation ofthe said arbitral award in accordance withthe provisions of sub-section (3), on aseparate application made for that purpose.

(3) Upon filing of an application undersub-section (2) for stay of the operation ofthe arbitral award, the Court may, subjectto such conditions as it may deem fit, grantstay of the operation of such award forreasons to be recorded in writing:

Provided that the Court shall,while considering the applicationfor grant of stay in the case of anarbitral award for payment ofmoney, have due regard to theprovisions for grant of stay of amoney decree under theprovisions of the Code of CivilProcedure, 1908.”.

20. Amendment of section 37.— In section37 of the principal Act, in sub-section (1), forclauses (a) and (b), the following clauses shallbe substituted, namely:—

“(a) refusing to refer the parties toarbitration under section 8;

(b) granting or refusing to grant anymeasure under section 9;

(c) setting aside or refusing to set asidean arbitral award under section 34.”.

21. Amendment of section 47.— In section47 of the principal Act, for the Explanation,the following Explanation shall be substituted,namely:—

‘Explanation.— In this section and in thesections following in this Chapter, “Court”means the High Court having originaljurisdiction to decide the questions formingthe subject-matter of the arbitral award ifthe same had been the subject matter of asuit on its original civil jurisdiction and inother cases, in the High Court havingjurisdiction to hear appeals from decrees ofcourts subordinate to such High Court.’.

22. Amendment of section 48.— In section48 of the principal Act, for the Explanation to

sub-section (2), the following Explanationsshall be substituted, namely:—

“Explanation 1.— For the avoidance ofany doubt, it is clarified that an award isin conflict with the public policy of India,only if,—




Explanation 2.— For the avoidance ofdoubt, the test as to whether there is acontravention with the fundamental policyof Indian law shall not entail a review onthe merits of the dispute.”.

23. Amendment of section 56.— In section56 of the principal Act, the Explanation shallbe renumbered as Explanation 1 thereof, andafter the Explanation 1 as so renumbered, thefollowing Explanation shall be inserted,namely:—

‘Explanation 2.— In this section and inthe sections following in this Chapter,“Court” means the High Court havingoriginal jurisdiction to decide the questionsforming the subject-matter of the arbitralaward if the same had been the subjectmatter of a suit on its original civiljurisdiction and in other cases, in the HighCourt having jurisdiction to hear appealsfrom decrees of courts subordinate to suchHigh Court.’.

24. Amendment of section 57.— In section57 of the principal Act, in sub-section (1), forthe Explanation, the following Explanationsshall be substituted, namely:—

“Explanation 1.— For the avoidance ofany doubt, it is clarified that an award isin conflict with the public policy of India,only if,—

5 of 1908.


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Explanation 2.— For the avoidance ofdoubt, the test as to whether there is acontravention with the fundamental policyof Indian law shall not entail a review onthe merits of the dispute.”.

25. Insertion of new Fourth Schedule, FifthSchedule, Sixth Schedule and SeventhSchedule.— After the Third Schedule to theprincipal Act, the following new Schedulesshall be inserted, namely:—

‘THE FOURTH SCHEDULE[See section 11 (l4)]

Sum in dispute Model fee

Upto Rs. 5,00,000/- Rs. 45,000/-

Above Rs. 5,00,000/- Rs. 45,000/- plus 3.5and upto per cent. of the claimRs. 20,00,000/- amount over and above

Rs. 5,00,000/-

Above Rs. 20,00,000/- Rs. 97,500/- plus 3and upto per cent. of the claimRs. 1,00,00,000/- amount over and above

Rs. 20,00,000/-

Above Rs. 1,00,00,000/- Rs. 3,37,500/- plus 1and upto per cent. of the claimRs. 10,00,00,000/- amount over and above

Rs. 1,00,00,000/-

Above Rs. 10,00,00,000/- Rs. 12,37,500/- plus 0.75and upto per cent of the claimRs. 20,00,00,000/- amount over and above

Rs. 1,00,00,000/-

Above Rs. 20,00,00,000/- Rs. 19,87,500/- plus 0.5per cent of the claimamount over and aboveRs. 20,00,00,000/- with aceiling of Rs. 30,00,000/-

Note:- In the event, the arbitral tribunal is a solearbitrator, he shall be entitled to an addi-tional amount of twenty-five per cent. on thefee payable as per the table set out above.

THE FIFTH SCHEDULE

[See section 12 (1)(b)]

The following grounds give rise to justifiabledoubts as to the independence or impartiality ofarbitrators:

Arbitrator’s relationship with the parties orcounsel

1. The arbitrator is an employee, consultant,advisor or has any other past or present businessrelationship with a party.

2. The arbitrator currently represents oradvises one of the parties or an affiliate of oneof the parties.

3. The arbitrator currently represents the lawyeror law firm acting as counsel for one of the parties.

4. The arbitrator is a lawyer in the same lawfirm which is representing one of the parties.

5. The arbitrator is a manager, director or partof the management, or has a similar controllinginfluence, in an affiliate of one of the parties if theaffiliate is directly involved in the matters indispute in the arbitration.

6. The arbitrator’s law firm had a previous butterminated involvement in the case without thearbitrator being involved himself or herself.

7. The arbitrator’s law firm currently has asignificant commercial relationship with one ofthe parties or an affiliate of one of the parties.

8. The arbitrator regularly advises theappointing party or an affiliate of the appointingparty even though neither the arbitrator nor his orher firm derives a significant financial incometherefrom.

9. The arbitrator has a close family relationshipwith one of the parties and in the case ofcompanies with the persons in the managementand controlling the company.

10. A close family member of the arbitrator hasa significant financial interest in one of theparties or an affiliate of one of the parties.

11. The arbitrator is a legal representative of anentity that is a party in the arbitration.

12. The arbitrator is a manager, director or partof the management, or has a similar controllinginfluence in one of the parties.


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13. The arbitrator has a significant financialinterest in one of the parties or the outcome ofthe case.

14. The arbitrator regularly advises theappointing party or an affiliate of the appointingparty, and the arbitrator or his or her firm derivesa significant financial income therefrom.

Relationship of the arbitrator to the dispute

15. The arbitrator has given legal advice orprovided an expert opinion on the dispute to aparty or an affiliate of one of the parties.

16. The arbitrator has previous involvement inthe case.

Arbitrator’s direct or indirect interest in thedispute

17. The arbitrator holds shares, either directlyor indirectly, in one of the parties or an affiliate ofone of the parties that is privately held.

18. A close family member of the arbitrator hasa significant financial interest in the outcome ofthe dispute.

19. The arbitrator or a close family member ofthe arbitrator has a close relationship with a thirdparty who may be liable to recourse on the part ofthe unsuccessful party in the dispute.

Previous services for one of the parties orother involvement in the case

20. The arbitrator has within the past three yearsserved as counsel for one of the parties or anaffiliate of one of the parties or has previouslyadvised or been consulted by the party or anaffiliate of the party making the appointment inan unrelated matter, but the arbitrator and theparty or the affiliate of the party have no ongoingrelationship.

21. The arbitrator has within the past three yearsserved as counsel against one of the parties oran affiliate of one of the parties in an unrelatedmatter.

22. The arbitrator has within the past three yearsbeen appointed as arbitrator on two or moreoccasions by one of the parties or an affiliate ofone of the parties.

23. The arbitrator’s law firm has within the pastthree years acted for one of the parties or anaffiliate of one of the parties in an unrelated matterwithout the involvement of the arbitrator.

24. The arbitrator currently serves, or has servedwithin the past three years, as arbitrator inan-other arbitration on a related issue involvingone of the parties or an affiliate of one of theparties.

Relationship between an arbitrator andanother arbitrator or counsel

25. The arbitrator and another arbitrator arelawyers in the same law firm.

26. The arbitrator was within the past threeyears a partner of, or otherwise affiliated with,another arbitrator or any of the counsel in the samearbitration.

27. A lawyer in the arbitrator’s law firm is anarbitrator in another dispute involving thesame party or parties or an affiliate of one of theparties.

28. A close family member of the arbitrator is apartner or employee of the law firm representingone of the parties, but is not assisting with thedispute.

29. The arbitrator has within the past three yearsreceived more than three appointments by thesame counsel or the same law firm.

Relationship between arbitrator and partyand others involved in the arbitration

30. The arbitrator’s law firm is currently actingadverse to one of the parties or an affiliate of oneof the parties.

31. The arbitrator had been associated withinthe past three years with a party or an affiliate ofone of the parties in a professional capacity,such as a former employee or partner.

Other circumstances

32. The arbitrator holds shares, either directlyor indirectly, which by reason of number orde-nomination constitute a material holding in oneof the parties or an affiliate of one of the partiesthat is publicly listed.

33. The arbitrator holds a position in anarbitration institution with appointing authorityover the dispute.

34. The arbitrator is a manager, director or partof the management, or has a similar controlling


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influence, in an affiliate of one of the parties, wherethe affiliate is not directly involved in the mattersin dispute in the arbitration.

Explanation 1.— The term “close familymember” refers to a spouse, sibling, child, parentor life partner.

Explanation 2.— The term “affiliate”encompasses all companies in one group ofcompanies including the parent company.

Explanation 3.— For the removal of doubts, it isclarified that it may be the practice in certainspecific kinds of arbitration, such as maritime orcommodities arbitration, to draw arbitrators froma small, specialised pool. If in such fields it is thecustom and practice for parties frequently toappoint the same arbitrator in different cases, thisis a relevant fact to be taken into account whileapplying the rules set out above.

________

THE SIXTH SCHEDULE

[See section 12 (l)(b)]

Name:

Contact details:

Prior experience (including experience witharbitrations):

Number of on-going arbitrations:

Circumstances disclosing any past or presentrelationship with or interest in any of the partiesor in relation to the subject matter in dispute,whether financial, business, professional or otherkind, which is likely to give rise to justifiabledoubts as to your independence or impartiality(list out): Circumstances which are likely to affectyour ability to devote suf-ficient time to thearbitration and in particular your ability to finishthe entire arbitration within twenty-four monthsand render an award within three months(list out): .’.

THE SEVENTH SCHEDULE

[See section 12(5)]

Arbitrator’s relationship with the parties orcounsel

1. The arbitrator is an employee, consultant,advisor or has any other past or present businessrelationship with a party.

2. The arbitrator currently represents or advisesone of the parties or an affiliate of one of theparties.

3. The arbitrator currently represents the lawyeror law firm acting as counsel for one of the parties.

4. The arbitrator is a lawyer in the same lawfirm which is representing one of the parties.

5. The arbitrator is a manager, director or partof the management, or has a similar controllinginfluence, in an affiliate of one of the parties if theaffiliate is directly involved in the matters indispute in the arbitration.

6. The arbitrator’s law firm had a previous butterminated involvement in the case without thearbitrator being involved himself or herself.

7. The arbitrator’s law firm currently has asignificant commercial relationship with one ofthe parties or an affiliate of one of the parties.

8. The arbitrator regularly advises theappointing party or an affiliate of the appointingparty even though neither the arbitrator nor his orher firm derives a significant financial incometherefrom.

9. The arbitrator has a close family relationshipwith one of the parties and in the case ofcompanies with the persons in the managementand controlling the company.

10. A close family member of the arbitrator hasa significant financial interest in one of the partiesor an affiliate of one of the parties.

11. The arbitrator is a legal representative of anentity that is a party in the arbitration.

12. The arbitrator is a manager, director or partof the management, or has a similar controllinginfluence in one of the parties.

13. The arbitrator has a significant financialinterest in one of the parties or the outcome ofthe case.

14. The arbitrator regularly advises theappointing party or an affiliate of the appointingparty, and the arbitrator or his or her firm


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derives a significant financial incometherefrom.

Relationship of the arbitrator to the dispute

15. The arbitrator has given legal advice orprovided an expert opinion on the dispute to aparty or an affiliate of one of the parties.

16. The arbitrator has previous involvementin the case.

Arbitrator’s direct or indirect interest in thedispute

17. The arbitrator holds shares, either directlyor indirectly, in one of the parties or an affiliate ofone of the parties that is privately held.

18. A close family member of the arbitrator hasa significant financial interest in the outcome ofthe dispute.

19. The arbitrator or a close family member ofthe arbitrator has a close relationship with a thirdparty who may be liable to recourse on the part ofthe unsuccessful party in the dispute.

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Explanation 1.— The term “close familymember” refers to a spouse, sibling, child, parentor life partner.

Explanation 2.— The term “affiliate”encompasses all companies in one group ofcompanies including the parent company.

Explanation 3.— For the removal of doubts, it isclarified that it may be the practice in certainspecific kinds of arbitration, such as maritime orcommodities arbitration, to draw arbitrators froma small, specialised pool. If in such fields it is thecustom and practice for parties frequently, toappoint the same arbitrator in different cases, thisis a relevant fact to be taken into account whileapplying the rules set out above.’.

PRANAB MUKHERJEE, President.

__________

DR. G. NARAYANA RAJU,Secretary to the Govt. of India.

GOVERNMENT OF GOA vide Notification No. VI/FAC-6(L-1 Part)/ /IFB/2015/2811 dated 04-11-2015 of the...

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Transcript of GOVERNMENT OF GOA vide Notification No. VI/FAC-6(L-1 Part)/ /IFB/2015/2811 dated 04-11-2015 of the...