Representation of People Act

November 30, 2014

Section 1. Shot-title

(43 OF 1951)

[17th July, 1951]

An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt ¹[***] practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.

BE it enacted by Parliament as follows:-

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1. The words “and illegal” omitted by Act 27 of 1956, sec. 2.

This Act may be called the Representation of the People Act, 1951.

Section 2. Interpretation

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

(a) Each of the expressions defined in section 2 or sub-section (1) of section 27 of the Representation of the People Act, 1950 (43 of 1950), but not defined in this Act, shall have the same meaning its in the Act;

(b) “Appropriate authority” means, in relation to an election to the House of the People or the Council of States ¹[***], the Central Government, and in relation to an election to the Legislative Assembly or the Legislative Council of a State, the State Government;

²[(bb) “Chief electoral officer” means the officer appointed under section 13A of the Representation of the People Act, 1950 (43 of 1950);]

(c) “Corrupt practice” means any of the practices specified in section 123 ³[***];

⁴[(cc) “District election officer” means the officer designated or nominated under section 13AA of the Representation of the People Act, 1950 (43 of 1950);]

(d) “Election” means an election to fill a seat or seats in either House of’ Parliament o in the House or either house of the Legislature of a State other than the State of Jammu and Kashmir ⁵[***];

⁶[(e) “Elector” in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950);]

⁷[(f) “Political party” means an association or a body of individual citizens of India registered with the Election Commission as a political party under section 29A;]

(g) “Prescribed” means prescribed by rules made under this Act;

⁸[(h) “Public holiday” means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881 (26 of 1881);]

⁹[*** ]

¹⁰[***]

¹¹[(i)] “Sign” in relation to a person who is unable to write his name means authenticate in such Banner as may be prescribed.

¹²[***]

¹³[*** ]

(2) For the purposes of this Act, ¹⁴[***] a Parliamentary constituency, an Assembly constituency, a Council constituency, a local authorities’ constituency, a graduates’ constituency and a teachers’ constituency shall each be treated as a constituency of a different class.

(3) Any requirement under this Act that a notification, order, rule, declaration, notice or list issued or made by any authority shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule, declaration, notice or list shall-

(a) Where it is issued or made by the Central Government, be published in the Gazette of India;

(b) Where it is issued or made by a State Government, be published in the Official Gazette of the State; and

(c) Where it is issued or made by any other authority, be published in the Gazette of India if it relates to an election to, or membership of, either House of Parliament ¹⁴[***] and in the Official Gazette of the State if it relates to an election to, or membership of, the House or either House of the Legislature of a State.

(4) Where under any of the provisions of this Act, anything is to be prescribed, different provisions may be made for different cases or classes of cases.

¹⁵ [***]

¹⁶[(5) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.]

¹⁵[***]

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1 Certain words omitted by Act 103 of 1956, sec. 66.

2. Ins. by Act 27 of 1956, sec. 3.

3. The words and figures “or section 124” omitted by, sec. 3.

4. Ins. by Act 47 of 1966, sec. 15 (w.e.f. 14-12-1966).

5. Certain words omitted by Act 58 of 1958, sec. 14.

6. Subs. by Act 27 of 1956, sec. 3, for clause (e).

7. Clause (f) which was omitted by Act 27 of 1956, sec. 3 and ins. by Act 1 of 1989, see. 3 (w.e.f. 15-6-1989).

8. Ins. by Act 47 of 1966, sec. 15 (w.e.f. 14-12-1966).

9. Clauses (h) and (i) omitted by Act 27 of 1956, sec. 3.

10. Clause (i) re-lettered as clause (h) by Act 27 of 1956, sec. 3 and omitted by the Adaptation of Laws (No. 2) Order, 1956.

11. Clauses (k) and (i) re-lettered as clauses (i) and (k) by Act 27 of 1956, sec. 3.

12. Clause (j) ins. by Act 27 of 1956, sec. 3 and omitted by the Adaptation of Laws (No. 2) Order, 1956.

13. Clause (k) omitted by Act 47 of 1066, sec. 15 (w.e.f. 14-12-1966

14. Certain words omitted by Act 103 of 1956, sec. 66.

15. Subsections (5) and (7) omitted and subsection (6) renumbered as sub-section (5) by Act 27 of 1956, sec. 3.

16. Subs. by Act 47 of 1966, sec. 15, for sub-section (5).

Section 3. Qualification for membership of the Council of States

PART II

¹[QUALIFICATIONS AND DISQUALIFICATIONS]

Chapter I-Qualifications for Membership of Parliament

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1. Subs. by Act 47 of 1966, sec. 16, for the previous heading (w.e.f. 14-12-1966).

¹[3. Qualification for membership of the Council of States

A person shall not be qualified to be chosen as a representative of any State ²[***] or Union territory in the Council of States unless he is an elector for a Parliamentary constituency in that State or territory.]

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1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for section 3.

2. The words and brackets “other than the State of Jammu and Kashmir” omitted by Act 47 of 1966, sec. 17 (w.e.f. 14-12-1966).

Section 4. Qualifications for membership of the House of the People

A person shall not be qualified to be chosen to fill a scat in the House of the People ¹[***]. unless-

(a) In the case of a seat reserved for the Scheduled Castes in any State, he is a member of any of the Scheduled Castes, whether of that State or of any other State, and is an elector for any Parliamentary constituency;

(b) In the case of a scat reserved for the Scheduled Tribes in any State (other than those in the autonomous districts of Assam), lie is a member of any of the Scheduled Tribes, whether of the State or of any other State (excluding the tribal areas of Assam), and is an elector for any Parliamentary constituency;

(c) In the case of a seat reserved for the Scheduled Tribes in the autonomous districts of Assam, he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency in which such seat is reserved or for any other Parliamentary constituency comprising any such autonomous district; ²[***]

³[(cc) In the case of the seat reserved for the Scheduled Tribes in the Union territory of ⁴[Lakshadweep], he is a member of any of those Scheduled Tribes and is all elector for the Parliamentary constituency of that Union territory; ⁵[***]

⁶[(ccc) In the case of the seat, allotted to the State of Sikkim, he is an elector for the Parliamentary constituency for Sikkim;]

(d) In the case of any other seat, he is all elector for any Parliamentary constituency.

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1. Certain words omitted by Act 29 of 1975, sec. 12 (w.e.f. 15-8-1975).

2. The word “and” omitted by Act 47 of 1966, sec. 18 (w.e.f. 14-12-1966).

3. Ins. by Act 47 of 1966, sec. 18. (w.e.f. 14-12-1966)-

4. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974 (w.e.f. 1-11-1973).

5. The word “and” omitted by Act 10 of 1976, sec. 2 and Sch. (w.e.f. 9-9-1975).

6. Ins. by Act 10 of 1976, sec. 2 and Sch. (w.e.f. 9-9-1975).

Section 5. Qualifications for membership of a Legislative Assembly

A person shall not be qualified to be chosen lo fill a seat in the Legislative Assembly of a State unless-

(a) In the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, he is i member of any of those castes or of those tribes, as the case may be, and is all elector for any Assembly constituency in that State;

(b) In the case of a seat reserved for all autonomous district of Assam, ¹[***] he is member of a ²[Scheduled Tribe of any autonomous districts] and is all elector for the Assembly constituency in which such scat or any other scat is reserved for that district; and

(c) In the case of any other seat, lie is all elector for any Assembly constituency in that State:

³[Provided that for the period referred to in clause (2) of article 371A, a person shall not be qualified to be chosen to fill any scat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless lie is a member of the regional council referred to in that article.]

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1. Certain words omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974 (w.e.f. 21-1-1972).

2. Subs. by Act 47 of 1966, sec. 19, for “Scheduled Tribe of that district” (w.e.f. 14-12-1966).

3. Ins. by Act 27 of 1962, sec. 11

Section 5 A. Qualification for membership of Legislative Assembly of Sikkim

¹[Qualification for membership of Legislative Assembly of Sikkim. ²[(1)] Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution) unless-

(a) In the case of a scat reserved for Sikkimese of Bhutia-Lcpcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas;

(b) In the case of a scat reserved for Sikkimese of Nepali origin, he is a person of Nepali origin and is an elector for any Assembly constituency in the State;

(c) In the case of a seat reserved for Scheduled Castes, he is a member of any of the castes specified in the Representation of Sikkim Subjects Act, 1974 and is an elector for any Assembly constituency in the State; and

(d) In the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency.]

³[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a scat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), unless-

(a) In the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or Lepcha origin and is and elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas;

(b) In the case of a seat reserved for Scheduled Castes, he is a member of any of those castes in the State of Sikkim and is an elector for any Assembly constituency in the State;

(c) In the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and

(d) In the case of any other seat, he is an elector for any Assembly constituency in the State.

Explanation.In this sub-section “Bhutia” includes Chunibipa, Dopthapa ,Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolimo.]

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1. Ins. by Act 10 of 1976, sec. 2 and Sch. (w.e.f 9-9-1975).

2. Section SA renumbered as sub-section (1) of that section by Act 8 of 1980, sec. 3 (w.e.f. 1-9-1979).

3. Ins. by Act 8 of 1980, sec. 3 (w.e.f. 1-9-1979).

Section 6. Qualifications for membership of a legislative Council

(1) A person shall not be qualified to be chosen to fill a scat in the Legislative Council of a State to be filled by election unless he is an elector for any Assembly constituency in that State.

A person shall not be qualified to be chosen to fill a scat in the Legislative Council of a State to be filled by nomination by the Governor ¹[***] unless he is ordinarily resident in the State.

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1. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956.

Section 7. Definitions

¹[Chapter III.Disqualifications for Membership of Parliament and State legislatures

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1. Subs. By Act 47 of l966, sec. 20, for Chapter III (w.e.f. 14-2-1966)

Section 7. Definitions.

In this Chapter,-

(a) “Appropriate Government” means in relation to any disqualification for being chosen as or for being a member of either House of Parliament, the Central Government, and in relation to any disqualification for being chosen as or for being a member of the Legislative Assembly or Legislative Council of a State, the State Government;

(b) “Disqualified” means disqualified for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State.

Section 8. Disqualification on conviction for certain offences

¹[(1) A person convicted of an offence punishable under-

(a) Section 153A (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) or section 171E (offence of bribery) or section 171 F (offence of undue influence or personation at an election) or sub-section (l) or sub-section (2) of section 376 or section 376A or section 376B or section 376C or section 376D (offences relating to rape) or section 498A (offence of cruelty towards a woman by husband or relative of a husband) or subsection (2) or sub-section (3) of section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) or the Indian Penal Code (45 of 1860), or

(b) The Protection of Civil Rights Act, 1955 (22 of 1955), which provides for punishment for the preaching and practice of “untouchability”, and for the enforcement of any disability arising therefrom; or

(c) Section 11 (offence of importing or exporting prohibited goods) or the Customs Act, 1962 (52 of 1962); or

(d) Sections 10 to 12 (offence of being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967); or

(e) The Foreign Exchange (Regulation) Act, 1973 (46 of 1973); or

(f) The Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or

(g) Section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive activities) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or

(h) Section 7 (offence of contravention of the provisions of section 3 to 6) of the Religious Institutions (Prevention of Misuse) Act, 1988 (41 of 1988); or

(i) Section 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of ballot papers from polling stations) or section 135A (offence of booth capturing) or clause (a) of sub-section (2) of section 13 6 (offence of Fraudulently defacing or fraudulently destroying any nomination paper) of this Act; 2[or]

²[(j) Section 6 (offence of conversion of a place or worship) of the Places of Worship (Special Provisions) Act 1991], 3[or]

⁴[(k) section 2 (offence of insulting the Indian National Flag or the Constitution of India) or section 3 (offence of preventing singing of National Anthem) of the Prevention of Insults to National Honour Act, 1971 (69 of 1971);] ⁷[ or]

⁷[(l) the Commission of Sati (Prevention) Act, 1987(3 of 1988.); or

(m) the Prevention of Corruption Act, 1988;( 49 of 1988) or

(n) the Prevention of Terrorism Act, 2002(15 of 2002.)]

“shall be disqualified, where the convicted person is sentenced to—

(i) only fine, for a period of six years from the date of such conviction;

(ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release]

(2) A person convicted for the contravention of-

(a) Any law providing for the prevention of hoarding or profiteering- or

(b) Any law relating to the adulteration of food or drugs; or

(c) Any provisions of the Dory Prohibition Act, 1961 (28 of 1961);

⁸[* * *]

(3) A person convicted of any offence and sentenced to imprisonment for not less than two years other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

⁵[(4)] Notwithstanding anything 6[in sub-section (1). subsection 2 and subsection (3)] a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision Is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court.

Explanation. In this section-

(a) “Lawprovidingforthepreveiitionofhoardingorprofitecrilig”meansanylaw,

Or any order, rule or notification having the force of law, providing for-

(i) The regulation of production or manufacture of any essential commodity;

(ii) The control of price at which any essential commodity may be brought or sold;

(iii) The regulation of acquisition, possession, storage, transport, distribution, Disposal, use or consumption of any essential commodity;

(iv) The prohibition of the withholding from sale of any essential commodity Ordinarily kept for sale-,

(b) “Drug” has the meaning assigned to it in the Drugs and Cosmetics Act, 1940 (23 of 1940);

(c) “Essential commodity” has the meaning assigned to it in the Essential Commodities Act, 1955 (10 of 1955);

(d) “Food” has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (37 of 1954).

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1. Subs. by Act 1 of 1980, sec. 4, for subsections (1) and (2) (w.e.f. 15-3-1989)

2. Ins. by Act 42 of 1991, sec. 8 (w.e.f. 18-9-1991).

3. Added by Act 21 of 1996, sec. 3 (w.e.f. 1-9-1996).

4. Ins. by Act 21 of 1996, sec. 3 (w.e.f 1-8-1 996).

5. Sub-section (3) renumbered as sub-section (4) by Act 1 of 1989, sec. 4 (w.e.f. 15-3-1989).

6. Subs. by Act I of 1989, sec. 4, for “in sub-section (1) and sub-section (2)” (w.e.f. 15-3-1999)

7. Inserted By Act 9 of 2003(dt.7-1-2003).

8. Clause “d” Omitted By Act 9 of 2003 (dt. 7-1-2003).

Section 8 A. Disqualification on ground of corrupt practices

¹Disqualification on ground of corrupt practices. (1) The case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted, ²[as soon as may be within a period of three months from the date such order takes effect], by such authority as the Central Government may specify in this behalf, to the President for determination of the question as to whether such person shall be disqualified and if so, for what period:

Provided that the period for which any person may be disqualified under this subsection shall in no case exceed six years from the date on which the order made in relation to him under section 99 takes effect.

(2) Any person who stands disqualified under section 8A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), may, if the period of such disqualification has not expired, submit a petition to the President for the removal of such disqualification for the unexpired portion of the said period.

(3) Before giving his decision on any question mentioned in sub-section (1) or on any petition submitted under sub-section (2), the President shall obtain the opinion of the Election Commission on such question or petition and shall act according to such opinion.]

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1. Subs. by Act 40 of 1975, sec. 2.

2. Subs. by Act 41 of 2009 w.e.f. 22.12.2009.

Section 9. Disqualification for dismissal for corruption or disloyalty

(1) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal.

(2) For the purposes of sub-section (1), a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact:

Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless all opportunity of being heard has been given to the said person.

Section 9 A. Disqualification for Government contracts, etc

A person shall be disqualified if, and torso long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works undertaken by, that Government.

Explanation. For the purposes of this section, where a contract has been fully performed by the person by whom it has been entered into with the appropriate Government, the contract shall be deemed not to subsist by reason only of the fact that the Government has not performed its part of the contract either wholly or in part.

Section 10. Disqualification for office under Government company

A person shall be disqualified if and for so long as, he is a managing agent, manager or secretary of any company or corporation (other than a co-operative society) in the capital of which the capital of which the appropriate Government has not less than twenty-five percent share. .

Section 10 A. Disqualification for failure to lodge account of election expenses

If the Election Commission is satisfied that a person-

(a) Has failed to lodge an account of election expenses, within the time and in the manner required by or under this Act, and

(b) Has no good reason or justification for the failure,

The Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

Section 11. Removal or reduction or period of disqualification

The Election Commission may, for reasons to be recorded, remove any disqualification under this Chapter ¹[(except under section 8A)] or reduce the period of any such disqualification.

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1. Ins. by Act 40 of 1975, sec. 3.

Section 11 A. Disqualification arising out of conviction and corrupt practices

¹[(1)] If any person, after the commencement of this Act,-

²[***] is convicted of an offence punishable under section 171E or section 171 F of the Indian Penal Code (45 of 1860), or under section 125 or section 135 or clause (a) of subsection (2) of section 136 of this Act,

³[***]

He shall, for a period of six years from the date of the conviction or from the date on which the order takes effect, be disqualified for voting at any election.

⁴(2) Any person disqualified by a decision of the President under sub-section (1) of section 8A for any period shall he disqualified for the same period for voting at any election.

(3) The decision of the President on a petition submitted by any person under subsection (2) of section 8A in respect of any disqualification for being chosen as, and for being, a member of either House of’ Parliament or of the Legislative Assembly or Legislative Council of a State shall, so for as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section IIA of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for voting also.]

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1. Section IIA renumbered as subsection (1) of that section by Act 40 of 1975, sec.

2. The brackets and letter “(a)” omitted by Act 38 of 1978, sec. 3 and the Second Schedule.

3. the word “or” omitted by Act 38 of 1978, sec. 3 and the Second Schedule.

4 Clause (b) omitted by Act 40 of 1975, see. 4.

Section 11 B. Removal of disqualifications

The Election Commission may, for reasons to be recorded, remove ¹[any disqualification under subsection (1) of section IIAI.]

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1. Subs. by Act 40 of 1975, sec. 5, for certain words.

Section 12. Notification for biennial election to the Council of States

¹[PART III

NOTIFICATION OF GENERAL ELECTIONS

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1. Subs. by Act 27 of 1956, sec. 7, for Part III (sections 12 to 18).

Section 12. Notification for biennial election to the Council of States.

For the purpose of filling the seats of members of the Council of States retiring on the expiration of their term of office the President shall by one or more notifications published in the Gazette of India on such date or dates as may be recommended by the Election Commission, call upon the elected members of the Legislative Assembly or as the case may be, the members of the electoral college, of each State concerned to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder:

Provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire.

Section 12 A. Notification for election to rill the seat allotted to the State of Sikkim in the Council of States

¹[Notification for election to rill the seat allotted to the State of Sikkim in the Council of States. For the purpose of filling for the first time the seat allotted to the State of Sikkim by the Constitution (Thirty-sixth Amendment) Act, 1975 in the Council of States, the President shall, by notification published in the Gazette of India, on such date as may be recommended by Election Commission, call upon the elected members of the Legislative Assembly of the State of Sikkim to elect a member in accordance with the provisions of this Act and of the rules and orders made thereunder and the election so held shall for all purposes and intent be deemed to have been held under section 12.]

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1. Ins. by Act 10 of 1976, sec. 2 and Sch. (w.e.f. 9.9.1975).

Section 13. Notification for reconstitution of electoral colleges of certain Union territories

Rep. by the Territorial Councils Act, 19-56 (10-3 of 1956), sec. 661

Section 14. Notification for general election to the House of the People

(1) A general election shall be held for the purpose of constituting a new House of the People on the expiration of the duration of the existing House or on its dissolution.

(2) For the said purpose the President shall, by one or more notifications published in the Gazette of India on such date or dates as may be recommended by the Election Commission call upon all Parliamentary constituencies to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder:

Provided that where a general election is held otherwise than on the dissolution of the existing House of’ the People, no such notification shall he issued at any time earlier than six months prior to the date on which the duration of that House would expire under the provisions of clause (2) of article 83.

Section 14 A. Notification for electing the representative of the State or Sikkim to the existing House of the People

¹Notification for electing the representative of the State or Sikkim to the existing House of the People. For the purpose of electing a representative of the State of Sikkim to the House of the People, specified in clause (e) of article 371F of the Constitution, the Election Commission shall call upon the members of the Legislative Assembly of the State of Sikkim to elect the representative in accordance with such of the provisions of this Act, and the rules and orders make thereunder, as are applicable to the election of the members of the Council of States.]

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1. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956.

Section 15. Notification for general election to a State Legislative Assembly

(1) A general election shall be held for the purpose of constituting a new Legislative Assembly on the expiration of the duration of the existing Assembly or on its dissolution.

(2) For the said purpose, ¹[the Governor or Administrator, as the case may be], ²[* * *] shall by one or more notifications published in the Official Gazette of the State on such date or dales may be recommended by the Election Commission, call upon all Assembly constituencies in the State to elect members in accordance with the provisions of this Act and of the rules and order made thereunder:

Provided that where a general election is held otherwise than on the dissolution of the existing Legislative Assembly, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that Assembly would expire under the provisions of clause (I) of article 171 ²[***] ³[or under the provisions of section 5 of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be.]

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1. Subs. by Act 20 of 1963, sec. 57 and the Second Schedule for “the Governor”.

2. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956.

3. Ins. by Act 20 of 1963, sec. 57 and the Second Schedule.

Section 15 A. Notification for certain elections to Legislative Councils

¹[Notification for certain elections to Legislative Councils. For the purpose of constituting the Legislative Council of the State of Madhya Pradesh under the State Reorganisation Act, 1956 (37 of 1956) and constituting the Legislative Council of the State of Andhra Pradesh under the Legislative Councils Act, 1957 (37 of 1957), the Governor of each of the aforesaid States shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission, call upon the members of the Legislative Assembly of the State and all the Council constituencies to elect members in accordance with the provisions of’ this Act and of the rules and orders made thereunder.]

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1. Ins. by Act 37 of 1957, sec. 13.

Section 16. Notification for biennial election to a State Legislative Council

For the purpose of filling the seats of members of the Legislative Council of a State retiring on the expiration of their term of office, the Governor ¹[***] shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission call upon the members of the Legislative Assembly of the State and all the Council constituencies concerned to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder:

Provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire.]

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1. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956.

Section 19. Definition

In this Part and in Part V, unless the context otherwise requires, “constituency” means ¹[***] a Parliamentary constituency or an Assembly constituency or a Council constituency

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1. Certain words omitted by Act 103 of 1956, sec. 66.

Section 19 A. Delegation of functions of Election Commission

¹Delegation of functions of Election Commission. The functions of the Election Commission under the Constitution, the Representation of the People Act, 1950 (43 of 1950) and this Act or under the rules made thereunder may, subject to such general or special directions, if any, as may be given by the Election Commission in this behalf, be performed also by a Deputy Election Commissioner or by the Secretary to the Election Commission.]

——————-

1. Ins. by Act 47 of l966, sec. 21 (w.e.f 14-12-1966).

Section 20. General duties of chief electoral officers

¹[General duties of chief electoral officers. Subject to the superintendence, direction and control of the Election Commission, the chief electoral officer of each State shall supervise the conduct of all elections in the State under this Act.

——————–

1. Subs. by Act 27 of 1956, sec. 9, for sections 20 and 21.

Section 20 A. General duties of district election officer

¹[General duties of district election officer. (1) Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall co-ordinate and supervise all work in the district or in the area within his jurisdiction in connection with the conduct of all elections to parliament and the Legislature of the State

(2) The district election officer shall also perform such other functions as may be entrusted to him bv the Election Commission and the chief electoral officer.]

——————–

1. Ins. by Act 47 of 1966, sec. 22 (w.e.f 14-12-1966).

Section 20 B. Observers

¹[Observers. (1) The Election Commission may nominate an Observer who shall be an officer of Government to watch the conduct of election or elections in a constituency or a group of constituencies and to perform such other functions as may be entrusted to him by the Election Commission.

(2) The Observer nominated under sub-section (1) shall have the power to direct the retuning officer for the constituency or for any of the constituencies for which he has been nominated, to stop the counting of votes at any time before the declaration of the result or not to declare the result if in the opinion of the Observer booth capturing has taken place at a large number of polling stations or at places fixed for the poll or counting of votes or any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with to such an extent that the result of the poll at that polling station or place cannot be ascertained.

(3) Where an Observer has directed the returning officer under this section to stop counting of votes or not to declare the result, the Observer shall forthwith report the matter to the Election Commission and thereupon the Election Commission shall, after taking all material circumstances into account, issue appropriate directions under section 58A or section 64A or section 66.

Explanation. For the purposes of sub-section (2) and sub-section (3) “Observer” the shall include a Regional Commissioner or any such officer of the Election Commission as has been assigned under this section the duty of watching the conduct of election or elections in a constituency or group of constituencies by the Commission.]

——————–

1. Ins. by Act 21 of’ 1996, sec. 4 (w.e.f 1-8-1996)

Section 21. Returning officers

For every constituency, for every election to fill a sea or seats in the Council of States and for every election by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State, the Election Commission shall, in consultation with the Government of the State, designate or nominate a returning officer who shall be ¹[an officer of Government or of a local authority]:

Provided that nothing in this section shall prevent the Election Commission from designating or nominating the same person to be the returning officer for more than one constituency.

——————–

1. Subs. by Act 47 of 1966, sec. 23, for “an officer of Government”.

Section 22. Assistant returning officers

(1) The Election Commission may appoint one or more persons to assist any returning officer in the performance of his functions:

Provided that every such person shall be ¹[an officer of Government or of a local authority]

(2) Every assistant returning officer shall, subject to the control of the returning officer, be competent to perform all or any of the functions of the returning officer-.

Provided that no assistant returning officer shall perform any of the functions of the returning officer which relate ³[***] to the scrutiny of nominations ²[***] unless the returning officer is unavoidably prevented from performing the said function

——————–

1. Subs. by Act 47 of 1966, sec. 24, for “an officer of Government”.

2. Certain words omitted by Act 27 of 1956, sec. 10.

3. The words “or to the counting of votes” omitted by Act 27 of 1956, sec. 10.

Section 23. Returning officer to include assistant returning officers performing the functions of the returning officer

References in this Act to the returning officer shall, unless the context otherwise requires, be deemed to include an assistant returning officer performing any function which he is authorized to perform under sub-section (2) of section 22.

Section 24. General duty of the returning officer

It shall be general duty of the returning officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Act and rules or orders made there under

Section 25. Provision of polling stations for constituencies

¹[Provision of polling stations for constituencies. The district election officer shall, with the previous approval of the Election Commission, provide a sufficient number of polling stations for every constituency the whole or greater part of which lies within his jurisdiction, and shall publish, such manner as the Election Commission may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.]

——————–

1. Subs. by Act 47 of 1966, sec. 25, for section 25 (w.e.f. 14-12-1966).

Section 26. Appointment of presiding officers for polling stations

(1) The ¹[district election officer] shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election:

Provided that if a polling officer is absent from the poll’ station, the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election, to be the polling officer during the absence of the former officer, and inform the ¹[district election officer] accordingly:

³[Provided further that nothing in this sub-section shall prevent that ⁴[district election officer] from appointing the same person to be the presiding officer for more than one polling station in the same premises.]

(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the function of a presiding officer under this Act or any rules or orders made thereunder.

(3) If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorised by the ⁴[district election officer] to perform such functions during any such absence.

(4) References in this Act to the presiding officer shall, unless the contest otherwise requires, be deemed to include any person performing ally function which he is authorised to perform under subsection (2) or sub-section (3), as the case may be.

⁵[(5) Any reference to a district election officer in section 25 and in this section shall, in relation to a constituency in a Union territory, be construed as a reference to the returning officer for that constituency]

——————–

1. Subs. by Act 47 of 1966, sec. 26, for “returning officer” (w.e.f 14-12-1966).

3. Ins. by Act 27 of 1956, sec. 12.

4. Subs. By Act 47 of 1966, sec 26, for “returning officer” (w.e.f. 14-12-1966)

5. Ins. by Act 47 of 1966, sec. 26 (w.e.f. 14-12-1966).

Section 27. General duty of the presiding officer

It shall be the general duty of the presiding officer at a polling station to keep order thereat and to see that the poll is fairly taken.

Section 28. Duties of a polling officer

It shall be the duty of the polling officers at a polling station to assist the presiding officer for such station in the performance of his frictions.

Section 28 A. Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission

¹[Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission. The returning officer, assistant returning officer, presiding officer, polling officer and an other officer appointed under this Part, and any police officer designated for the time being by the State Government, for the conduct of any election shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.]

——————–

1. Ins. by Act I of 1989, sec. 5 (w.e.f. 15-3-1989).

Section 29. Special provisions in the case of certain elections

(1) The returning officer for an election ¹[***] to fill a seat or seats in the Council of States or for an election by the members of the Legislative Assembly of a State to fill a seat or scats in the Legislative Council of the State shall with the previous approval of the Election Commission, fix the place at which the poll will be taken for such election and shall notify the place so fixed in such manner as the Election Commission may direct.

(2) The returning officer shall preside over such election at the place so fixed and shall appoint such polling officer or officers to assist him as he thinks necessary but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for. a candidate in or about the election.

——————–

1. Certain words omitted by Act 27 of 1956, sec. 13.

Section 29 A. Registration with the Election Commission of associations and bodies as political parties

¹[PART IVA

REGISTRATION OF POLITICAL PARTIES

——————–

1. Ins. by Act I of 1989, sec. 6 (w.e.f. 15-6-1989).

Section 29A. Registration with the Election Commission of associations and bodies as political parties

(1) Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act.

(2) Every such application shall be made,-

(a) If the association or body is in existence at the commencement of the Representation of the People (Amendment) Act, 1988 (1 of 1989), within sixty days next following such commencement;

(b) If the association or body is formed after such commencement, within thirty days next following the date of its formation.

(3) Every application under subsection (1) shall be signed by the chief executive officer of the association or body (whether such chief executive officer is known as Secretary or by any other designation) and presented to the Secretary to the Commission or sent to such Secretary by registered post.

(4) Every such application shall contain the following particular, namely:-

(a) The name of the association or body;

(b) The State in which its head office is situate;

(c) The address to which letters and other communications meant for it should be sent;

(d) The names of its president, secretary, treasurer and other officer-bearers;

(e) The numerical strength of its members, and if there are categories of its members, the numerical strength in each category;

(f) Whether it has any local units; if so, at what levels;

(g) Whether it is represented by any member or members in either House of Parliament or of any State Legislature; if so, the number of such member or members.

(5) The application under subsection (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.

(6) The Commission may call for such other particulars as it may deem fit from the association or body.

(7) After considering all the particulars as a foresaid in its possession and any other necessary and relevant factors and after giving the representatives of the association or body reasonable opportunity of being heard, the Commission shall decide either to register the association or body as a political party for the purposes of this Part, or not so to register it; and the Commission shall communicate its decision to the association or body:

Provided that no association or body shall be registered as a political party under

This sub-section unless the memorandum or rules and regulations of such association or body conform to the provisions of sub-section (5).

(8) The decision of the Commission shall be final.

(9) After an association or body has been registered as apolitical party as aforesaid, any change in its name, head office, office-bearers, address or in any other material matters shall be communicated to the Commission without delay.

Section 30. Appointment of dates for nominations, etc

¹[Appointment of dates for nominations, etc. As soon as the notification calling upon a constituency to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint-

(a) The last date for making nominations, which shall be the ²[seventh day] after the date of publication of the first mentioned notification or if that day is a public holiday, the next succeeding day which is not a public holiday;

(b) The date for the scrutiny of nominations, which shall be ³[the day immediately following] the last date for making nominations or, if that day is public holiday, the next succeeding day which is not a public holiday;

(c) The last date for the withdrawal of candidatures, which shall be ⁴[the second day] after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day that is not a public holiday;

(d) The date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the ⁵[fourteenth day] after the last date for the withdrawal of candidatures, and

(e) The date before which the election shall be completed.

⁶[***]

——————–

1. Subs. by Act 27 of 1 956, sec. 14, for section 30.

2. Subs. by Act 40 of 1961, sec. 7, for “tenth day” (w.e.f 20-9-1961).

3. Subs. by Act 47 of’ 1966, sec. 27, for “the second day after” (w.e.f 14-12-1966)

4. Subs. by Act 47 of’ 1966, sec. 27, for “the third day” (w.e.f. 14-12-1966)

5. Subs. by Act 21 of 1996, sec. 5 (w.e.f 1-8-1996).

6. Explanation omitted by Act 47 of 1966, sec. 27 (w.e.f 14-12-1966).

Section 31. Public notices of election

On the issue of a notification under section 30 the returning ¹[***] shall give public notice of the intended election in such form and manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.

——————–

1. The words “for the constituency” omitted by Act 47 of 1966, sec. 28 (w.e.f 14-12-1966).

Section 32. Nomination of candidates for election

Any person may be nominated as a candidate for election to fill a seat ¹[***] if he is qualified to be chosen to fill that seat under the provisions of Constitution and this Act ²[***] ³[or under the provisions of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be].

——————–

1. The words “in any constituency” omitted by Act 27 of 1956- sec. 15.

2. Certain words ins. by Act 27 of l956, sec 15 and omitted by the Adaptation of Laws (No. 2) Order, 1956.

3. Ins. by Act 20 of’ 1963, sec. 57 and Second Sch

Section 33. Presentation of nomination paper and requirements for a valid nomination

¹[Presentation of nomination paper and requirements for a valid nomination. (1) On or before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his proposer between the hours of eleven O’clock in the forenoon and three O’clock in the afternoon deliver to the returning officer at the place specified in the behalf in the notice issued under section 3l a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer-.

²[Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election from a constituency unless the nomination paper is subscribed by ten proposes being electors of the constituency:

Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday:

Provided also that in the case a local authorities constituency, graduates’ constituency or teachers’ constituency, the reference to “an elector of the constituency as proposer” shall be construed as a reference to ten per cent of the electors of the constituency or ten such electors., whichever is less, as proposes.]

³[(1A) Notwithstanding anything contained in sub-section (1), for election to the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State only constituted under the Constitution), the nomination paper to be delivered to the returning officer shall be in such form and manner as may be prescribed:

Provided that the said nomination paper shall be subscribed by the candidate as assenting to the nomination, and-

(a) In the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, also by at least twenty electors of the constituency as proposes and twenty electors of the constituency as scolders;

(b) In the case of a seat reserved for Sanghas, also by at least twenty electors of the constituency as proposes and at least twenty electors of the constituency as seconders;

(c) In the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency as proposer:

Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday]

(2) In a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member and the area in relation to which that caste or tribe is a Scheduled Caste or, as the case may be, a Scheduled Tribe of the State.

(3) Where the candidate is a person who, having held any office referred to in ⁴[section 9] has been dismissed and a period of five years has not elapsed since the dismissal. such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued ‘in the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the State.

(4) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper arc the same as those entered in the electoral rolls:

⁵[Provided that no misnomer or inaccurate description or clerical technical or printing error in regard to the name of the candidate or his proposer or any other person., or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper. shall affect the full operation of the electoral roll or the nomination. paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood, and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary direct that any such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or In the nomination paper shall be overlooked.]

(5) Where the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall- unless it has been filed along with the nomination paper, be produced before the return officer at the time of scrutiny.

⁶[(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper :

Provided that not more than four nomination papers shall be presented bv or on behalf of any candidate or accepted by the retuning officer for election in the same constituency

⁷[(7) Notwithstanding, anything contained in sub-section (6) or in any other provisions of this Act, a person shall not be nominated as a candidate for election,-

(a) In the case of a general election to the House of the People (whether or not field simultaneously from all Parliamentary constituencies), from more than two Parliamentary constituencies;

(b) In the case of general election to the Legislative Assembly of a State (whether or not hold simultaneously from all Assembly constituencies), from more than two Assembly constituencies in that State,.

(c) In the case of a general election to the Legislative Council of a State having such Council, from more than two Council constituencies in the State;

(d) In the case of a biennial at election to the Council of States for filling o or more seats allotted to a State, for filling more than two such seats,

(e) In the case of bye-elections to the House of the People from two or more Parliamentary constituencies which are held simultaneously-from more than two such Parliamentary constituencies-,

(f) In the case of bye-elections to the Legislative Assembly of a State from or more Assembly constituencies which arc held simultaneously, from more than two such Assembly constituencies-,

(g) In the case of bye-elections to the Council of States for filling two or more scats allotted to a State which are held simultaneously, for filling more than two such scats”

(h) In the case of bye-elections to the Legislative Council of a State having such Council from two or more Council constituencies, which are held simultaneously, from more than two such Council constituencies.

Explanation. For the purpose of this sub-section, two or more bye-elections shall be deemed to be held simultaneously where the notification calling such bye-elections are issued by the Election Commission under sections 147, 149, 150 or, as the case may be, 151 on the same date.

——————–

1. Subs. by Act 27 of 1956, sec. 16, for section 3.

2. Subs. by Act 21 of 1996, sec. 6 (w.e.f. 1-8-1996).

3. Ins. by Act 10 of l976, sec. 2 and Sch. (w.e.f. 9-9-1975).

4. Subs. by Act 38 of 1978, sec. 3 and the Second Schedule, for “Clause (f) of section 7”.

5. Subs. by Act 47 of 966, sec. 29, for the proviso (w.e.f.14-12-1966).

6. Subs. by Act 40 of’ 1961, sec. 8, for subjection (6) (w.e.f. 20-9-1961)

7. Ins. by Act 21 of 1996, sec. 6 (w.e.f’, 1-8-1996).

Section 34. Deposits

¹[(1) A candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited, -

(a) In the case of all election from a Parliamentary constituency, ³[a sum of twenty-five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of twelve thousand five hundred rupees]; and

(b) In the case of an election from all Assembly or Council constituency, ⁴[a sum of ten thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of five thousand rupees]-.

Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this sub-section.]

(2) Any sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that subsection unless at the time of deliver of the nomination paper ²[under subsection (1) or, as the case may be, sub-section (IA) of section 33] the candidate has either deposited or caused to be deposited that sum with the returning officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank of India or in a Government Treasury

——————–

1. Sub-section (3) was subs. bv Act 27 of 1956, sec. 17 and again subs. by Act 21 of 1996, sec. 7 (w.e.f. 1-8-1996).

2. Subs. by Act 10 of 1976, sec. 2 and Sch., for certain words (w.e.f. 9-9-1 975).

3. Subs. by Act No. 41 of 2009 w.e.f. 22.12.2009.

4. Subs. by Act No. 41 of 2009 w.e.f. 22.12.2009.

Section 35. Notice of nominations and the time and place for their scrutiny

The returning officer shall, on receiving the nomination paper ¹[under subsection (1) or, as the case may, be, sub-section (I A) of section 33], inform the person or persons delivering the same of the date. time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him, and shall as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper., both of the candidate and or ²[the proposer].

——————–

1. Subs. by Act 27 of 1 956, sec. 18, for certain words.

2. The words “and one seconded” omitted by, Act 27 of l956, sec. 19.

Section 36. Scrutiny of nominations

(1) On the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents one proposer ¹[***] of each candidate and one other person duly a in writing by each candidate but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33.

(2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary ²[reject] any nomination on any of the following grounds

³ [(a) ⁴[that on the date fixed for the scrutiny of nominations the candidate] either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely: -

Articles 84, 102, 173 and 191,] ⁵[* * *]

⁶[Part II of this s Act and sections 4 and 14 of the Government of Union Territories Act, 1963 (20 of 1963)] ⁷[***]; or

(b) That there has been a failure to comply with any of the provisions of section 33 or section 34; or

(c) That the signature of the candidate or the proposer on the nomination paper is riot genuine.

(3) Nothing contained in ⁸[clause (b) or clause (c)] of sub-section (2) shall be deemed to authorise the ⁹[rejection] of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.

(4) The returning officer shall not reject any nomination paper on the ground of any ¹⁰[***] defect which is not of a substantial character.

(5) The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 30 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control:

Provided that in case ¹¹[an objection is raised by the returning officer or is made by Any other person] the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned.

(6) The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.

¹²[(7) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elect or for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950).

(8) Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it to his notice board.]

——————–

1. The words “and one seconded” omitted by, Act 27 of l956, sec. 19.

2. Subs. by Act 27 of 1 956 sec. 19, for “refuse”.

3. Subs. by Act 27 of 1956, sec. 19, for clause (a) to (e).

4. Subs. by, Act 40 of 1961, sec. 9, for “that the candidate” (w.e.f. 20-9-1961).

5. The word “and” ins. by the Adaptation of Laws (No. 2) Order, 1956 and omitted by Act 20 of 1963, sec. 57 and the First Sch.

6. Subs. By Act of 1963, sec 57 and the Second Sch, for certain words.

7. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956.

8. Subs. by Act 27 of 1956, sec. 19, for “clause (c), clause (d) or clause (e).

9. Subs. by Act 27 of 1956, sec. 19, for “refusal”.

10. The word “technical” omitted by Act 27 of 1956, sec. 19.

11. Subs. by Act 40 of 1961, sec. 9, for “an objection is made” (w.e.f 20-9-196 ).

12. Subs. by Act 27 of 1956, sec. 19, for sub-section (7).

Section 37. Withdrawal of candidature

(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O’clock in the afternoon on the day fixed under clause (c) of section 30 to the returning officer either by such candidate in person or by his proposer, ¹[***] or election agent who has been authorised in this behalf in writing by such candidate.

¹[* * *]

(2) No person who has given a notice or withdrawal of his candidature under subsection (1) shall be allowed to cancel the notice.

²[(3) The returning officer shall, on being satisfied as to the genuineness of a notice or withdrawal and the identity of the person delivering under sub-section (1), cause the notice to be affixed in some conspicuous place in his office.]

——————–

1. The word “seconded” and the proviso omitted by Act 27 of 1956, sec. 20.

2. Subs. by Act 40 of’ 1961, sec. 10, for sub-section (3) (w.e.f 20-9-1961)

Section 38. Publication of list of contesting candidates

¹[Publication of list of contesting candidates. (1) Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 37, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, that is to say, candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the said period.

²[(2) For the purpose of listing the -names under sub-section (1), the candidates shall be classified as follows, namely: -

(i) Candidates of recognised political parties;

(ii) Candidates of registered political parties other than those mentioned in clause

(iii) Other candidates.

(3) The categories mentioned in sub-section (2) shall be arranged in the order specified therein and the names of candidates in each category shall be arranged in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed].]

——————–

1. Subs. by Act 27 of 1956, sec. 21, for section 38.

2. Subs. by Act 21 of 1996, sec, 8, for sub-section (2) (w.e.f 1-8-1996).

¹[Nomination of candidates at other elections. (1) As soon as the notification calling upon the elected members or the members of the Legislative Assembly of a State or the members of the electoral college of a ²[Union territory] to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint-

(a) The last date for making nominations, which shall be the ³[seventh day] after the date of publication of the first-mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(b) The date for the scrutiny of nominations, which shall be ⁴[the day immediately following] the last date for making nominations or if that day is a public holiday, the next succeeding day -which is not a public holiday;

(c) The last date for the withdrawal of candidatures, which shall be the second day after the date for the scrutiny of nominations or if that day is a public holiday, the next succeeding day which is not a public holiday-,

(d) The date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the seventh day after the last date for the withdrawal of candidatures; and

(e) The date before which the election shall be completed.

⁵[***]

(2) The provisions of sections 31 to 38, excluding subsections (2) and (5) of section 33 and ⁶[clause (a) of subsection (1) of section 34], shall apply in relation to any such election as they apply in relation to an election in any constituency:

Provided that-

(a) Any references in the said provisions to the electoral roll of the constituency shall unless the context otherwise requires, be construed, in the case of an election by the member or the elected members of the Legislative Assembly of the State, as references to the list of members of elected members, as the case may be, of that Assembly maintained under sub-section (1) of section 152, and in the case of an election by the members of the electoral college of a ⁷[Union territory], as references to the list of members of such electoral college maintained under subsection (2) of that section;

⁸[(aa) The reference in the opening paragraph of subsection (1) of section 33 to “an elect or of the constituency as proposer shall be construed as a reference to “ten percent. of the elected members or of the members of the Legislative Assembly of a State or of the members of the electoral college of a Union territory, as the case may be, or ten members concerned, whichever is less, as proposers”:

Provided that where as a result of a calculation of the percentage referred to in this clause, the number of members arrived at is a friction and if the fraction so arrived at is more than one-half it shall be counted as one, and if the fraction so arrived at is less than one half it shall be ignored;]

⁹[¹⁰[(ab) In the case of a election to the Legislative Council pf a State by the members pf the Legislative Assembly of that State, clause (a) of sub-section (2) of section 36 shall be construed as including a reference to sub-clause (d) of clause (3) of article 171;]

(b) Any references in the said provisions to section 30 shall be construed as references to subsection (1) of this section; and

(c) At the time of presenting the nomination paper, the returning officer may require the person presenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which the name of the candidate is included or the certified copy of the relevant entries in such roll.]

——————–

1. Subs. by Act 27 of 1956, sec. 22, for section 39.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C State”.

3. Subs. by Act 40 of 1961, sec. 11, for “tenth day” (w.e.f. 20-9-196 1).

4. Subs. by Act 47 of 1966, sec. 30, for “the second day after” (w.e.f 14-12-1966).

5. Explanation omitted by Act 47 of 1966, sec. 30 (w.e.f. 14-12-1966)

6. Subs. by Act 58 of 1958, sec. 19, for “section 34”.

7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C State”.

8. Ins. by Act I of 1989, sec. 8 (w.e.f. 1-4-1989).

9. Ins. by Act 47 of 1966, sec. 30 (w.e.f. 14-12-1966).

10. Clause (aa) relettered as clause (ab) by Act I of 1989, sec. 8 (w.e.f. 1-4-1989).

Section 40. Election agents

¹[Election agents. A candidate at an election may appoint in the prescribed manner any one person other than himself to be his election agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the returning officer.]

——————–

1. Subs. by Act 27 of 1956, sec. 23, for section 40.

Section 41. Disqualification for being an election agent

¹[Disqualification for being an election agent. Any person who is for the time being disqualified under the Constitution or under this Act for being a member of either House of Parliament or the House or either House of the Legislature of a State or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election.]

——————–

1. Subs. by Act 47 of 1966, sec. 31, for section 41 (w.e.f. 14-12-1966).

Section 42. Revocation of the appointment, or death, of an election agent

(1) Any revocation of the appointment of an election agent, ¹[***] shall be signed by the candidate, and shall operate from the date on which it is lodged with the returning officer.

²[(2) In the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, or after the election but before the account of the candidate’s election expenses has been lodged in accordance with the provisions of section 78, the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.]

——————–

1. Certain words omitted by Act 27 of 1956 sec. 24.

2. Subs. by Act 27 of 1956, sec. 24, for sub-section (2).

Section 43. Effect of default in appointment of election agent under section 42

Rep. by the Representation of the People (Second Amendment) Act, 19-56 (27 of 1956), sec. 25

Section 44. Duty of the election agent to keep accounts

Rep. by the Representation of the People (Second Amendment Act, 1956 (27 of 19-56), sec. 25

Section 45. Functions of election agents

¹Functions of election agents. An election agent may perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.]

——————–

1. Subs. by Act 27 of 1956, sec. 26, for section 45.

Section 46. Appointment of polling agents

¹[Appointment of polling agents. A contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station provided under section 25 or at the place fixed under subsection (1) of section 29 for the poll.]

——————–

1. Subs. by Act 27 of 1056, sec. 27, for section 46.

Section 47. Appointment or counting agents

¹[Appointment or counting agents. A contesting candidate or his election agent may appoint in the prescribed manner one or more persons, but not exceeding such number as may be prescribed, to the present as his counting agent or agents at the counting of votes, and when any such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.]

——————–

1. Subs. by Act 27 of 1956, sec. 28, for section 47.

Section 48. Revocation of the appointment or death, or a polling agent or counting agent

(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint in the prescribed manner another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to such officer as may be prescribed.

(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the returning officer, and in the event of such revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate or his election agent may appoint in the prescribed manner another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment in the prescribed manner to the returning officer.

Section 49. Functions of polling agents and counting agents

(1) A polling agent may perform such functions in connection with the poll as are authorised by or under this Act, to be performed by a polling agent.

(2) A counting agent may perform such functions in connection with the counting of votes as are authorised by or under this Act to be performed by a counting agent.

Section 50. Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent

(1) At every election where a poll is taken, each ¹[contesting candidate] at such election and his election agent shall have a right to be present at any polling station provided under section 25 for the taking of the poll or at the place fixed under sub-section (1) of section 29 for the poll.

(2) A ¹[contesting candidate] or his election agent may himself do any act or thing which any polling agent or the counting agent of such ¹[contesting candidate] if appointed, would have been authorised by or under this Act to do, or may assist any polling agent or the counting agent of such ¹[contesting candidate] in doing any such act or thing.

——————–

1. Subs. by Act 58 of 1958, sec. 20, for “candidate”.

Section 51. Non-attendance of polling or counting agents

Where any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Section 52. Death of a candidate of a recognised political party before poll

¹[Death of a candidate of a recognised political party before poll. (1) If a candidate set up by a recognised political party, -

(a) Dies at any time after 11.00 A.M. on the last date for making nominations and his nomination is found valid on scrutiny under section 36, or

(b) Whose nomination has been found valid on scrutiny under section 36 and who has not withdrawn his candidature under section 37, dies,

And in either case, a report of his death is received at any time before the publication of the list of contesting candidates under section 38; or

(c) Dies as a contesting candidate and a report of his death is received before the commencement of the poll,

The returning officer shall, upon being satisfied about the fact of the death of the candidate, by order, announce an adjournment of the poll to a date to be notified later and report the fact to the Election Commission and also to the appropriate authority:

Provided that no order for adjourning a poll should be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate.

(2) The Election Commission shall, on the receipt of a report from the returning officer under sub-section (1), call upon the recognised political party, whose candidate has died, to nominate another candidate for the said poll within seven days of issue of such notice to such recognised political party and the provisions of sections 30 to 37 shall, so far as may be, apply in relation to such nomination as they would apply to other nominations:

Provided that no person -who has given a notice of withdrawal of his candidature under sub-section (1) of section 37 before the adjournment of the poll shall be ineligible for being nominated as a candidate for the election after such adjournment.

(3) Where a list of contesting candidates had been published under section 38 before the adjournment of the poll under subsection (1), the returning officer shall again prepare and publish a fresh list of contesting candidates under that section so as to include the name of the candidate who has been validly nominated under sub-section (2).

Explanation For the purposes of this section, sections 33 and 3 8, “recognised political party”, means apolitical party recognised by the Election Commission under the Election Symbols (Reservation and Allotment) Order, 1968.]

——————–

1. Section 52 was subs. by Act 2 of 1992 , sec. 2 and again subs. by Act 21 of 1996, sec. 9 (w.e.f 1-8-1996).

Section 53. Procedure in contested and uncontested elections

¹[(1) If the number of contesting candidates is more than the number of seats to be filled. a poll shall be taken.]

(2) If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats.

(3) If the number of such candidates is less than the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be elected and the ²[Election Commission] shall by notification in the Official Gazette call upon the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college concerned ³[* * *] as the case may be, to elect a person or persons to fill the remaining seat or seats ⁴[***] :

Provided that where the constituency or the elected members or the members of the State Legislative assembly or the members of the electoral college ³[***] having already been called upon under this subsection, has or have failed to elect a person or the requisite member of persons, as the case may be, to rill the vacancy or vacancies, the ²[Election Commission shall not be bound to call again upon the constituency, or such members to elect a person or persons ⁵[until it is satisfied that if called upon again, there will be no such failure on the part of the constituency of such members].

——————–

1. Subs. by Act 27 1956, sec. 30, for sub-section (1).

2. Subs. try Act 27 (if 1956, sec. 30, for “appropriate authority”.

3. Certain words omitted by Act 49 of 1951, sec. 44 and the Fifth Schedule.

4. Certain words omitted by Act 27 or 1956, sec. 30.

5. Subs. by Act 27 of 1956, sec. 30, for., until such date as the Election Commission may specify in this behalf’.

Section 54. Special procedure at elections in constituencies where seats are reserved for Scheduled Caste or Scheduled Tribes

Rep. by there Representation of the people (Amendment) Act, 1961 (40 of 1961), sec. 12 (w.e.f 20-9-1961)

Section 55. Eligibility of members of Scheduled castes or Scheduled Tribes to hold seats not reserved for those castes or tribes

For the avoidance of doubt it is hereby declared that a member of the Scheduled Castes or of the Scheduled Tribes shall not be disqualified to hold a seat not reserved for member, of those castes or tribes, if lie is otherwise qualified to hold such seats under the Constitution and this Act ¹[or under the Government of Union Territories Act, 1963 (120 of 1963), as the case may be.]

——————–

1. Ins. by Act 20 of 1063, sec. 57 and the Second Schedule. The words “or under the Government of Part (‘ States Act, 1951 (40 of 195 1), as the case may be” ins. by Act 27 of 1956, sec. 32, and omitted by the Adaptation of Laws (No. 2) Order, 1956.

Section 55 A. Retirement from contest at elections in Parliamentary and Assembly Constituencies

¹[Retirement from contest at elections in Parliamentary and Assembly Constituencies. Rep. by the Representation of the People (Amendment) Act, 1958 (58 of 1958, sec. 22

——————–

1. Ins. by Act 27 of 1956, sec. 33,

Section 56. Fixing time for poll

The ¹[Election Commission] shall fix the hours during which the poll will be taken; and the hours so fixed shall be published in such manner as may be prescribed:

Provided that the total period allotted on any one day for polling at in election and Parliamentary or Assembly constituency shall not be less than eight hours.

——————–

1. Subs. by Act 27 of 1956, sec. 34, for Appropriate authority”

Section 57. Adjournment of poll in emergencies

(1) If at an election the proceedings at any polling station provided under section 25 or at the place fixed under subsection (1) of’ section 29 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll it any polling station or such place on account of any natural calamity, or any other sufficient cause the presiding officer for such polling station or the returning officer presiding over such place, as the case may be, shall a Bounce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the returning officer concerned.

(2) Whenever a poll is adjourned under subsection (1), the returning officer shall immediately report the circumstances to the appropriate authority and the Election Commission and shall, as soon as may be, with the previous approval of the Election Commission appoint the day on which the poll shall recommence, and fix the polling station or place at which, and the hours during which, the poll will be taken, and shall not count the votes cast at such election until such adjourned poll shall have been completed.

(3) In every such case as aforesaid; the returning officer shall notify in such manner as the Election Commission may direct the date, place and hours of polling fixed under subsection (2).

Section 58. Fresh poll in the case of destruction, etc., of ballot boxes

¹[Fresh poll in the case of destruction, etc., of ballot boxes. (1) If at any election, -

(a) Any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at the polling station or place cannot be ascertained; or

²[(aa) Any voting machine develops a mechanical failure during the course of the recording of votes; or]

(b) Any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll,

The returning officer shall forthwith report the matter to the Election Commission.

(2) Thereupon the Election Commission shall, after taking all material circumstances into account; either-

(a) Declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deem fit, or

(b) If satisfied that the result of a fresh poll at that polling station or place will not in anyway, affect the result of the election or that ³[the mechanical failure of the voting machine or] the error or irregularity in procedure is not material, issue such directions to the returning officer as it may deem proper for the further conduct and completion of the election.

(3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.]

——————–

1. Sub. by Act 40 or 1961, sec. 13, for section 58 (w.e.f. 20-9-1961).

2. Ins. by Act 1 of 1989, sec. 9 (w.e.f. 15-3-1989)

3. Ins. by Act I of 1989, sec. 9 (w.e.f’. 15-3-1989)

Section 58 A. Adjournment of poll or countermanding of election on the ground of booth capturing

¹[Adjournment of poll or countermanding of election on the ground of booth capturing. (1) If at any election, -

(a) Booth capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or

(b) Booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained,

The returning officer shall forthwith report the matter to the Election Commission.

(2) The Election Commission shall, on the receipt of a report from the returning officer under subsection (1) and after taking all material circumstances into account, either, -

(a) Declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or

(b) If satisfied that in view of the large number of polling stations or places involved in booth capturing the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such a manner as to affect the result of the election, countermand the election in that constituency.

Explanation- In this section, “booth capturing” shall have the same meaning as in section 135A.]

——————–

1. Ins. by Act 1 of 1989, sec. 10 (w.e.f. 15-3-1989).

Section 59. Manner of voting at elections

At every election where a poll is taken votes shall be given by ballot in such manner as may be prescribed, and no votes shall be received by proxy.

Section 60. Special procedures for voting by certain classes of persons

Without prejudice to the generality of the provisions contained in section 59, provision may be made by rules made under this Act for enabling, -

(a) Any of the following persons to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely:

¹[(i) Any person to whom the provisions of sub-section (3) of section 20 of the Representation of the People Act, 1950 (43 of 1950) apply;

(ii) The wife of any such person as is referred to in sub-clause (i) to whom the provisions of sub-section (6) of the said section 20 apply;]

(b) Any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in those rules.

²[(c) Any person belonging to a class of persons notified by the Election Commission in consultation with the Government to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken subject to the fulfilment of such requirements as may be specified in those rules.]

——————–

1. Subs. by Act 47 of 1966, sec. 33, for sub-clauses (i), (iii) and (iv). Sub-clause (ii) was omitted by Act 58 of 1959, sec. 24.

2. Ins. by Act 30 of 1999, sec. 2 (w.e.f. 21-6-1999).

Section 61. Special procedure for preventing personation of electors

¹[Special procedure for preventing personation of electors. With a view to preventing personation of electors provision may be made by rules made under this Act: -

(a) For the making with indelible ink of the thumb or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him;

(b) For the production before the presiding officer or a polling officer of a polling station by every such elector as aforesaid of the identity card before the delivery of a ballot paper or ballot papers to him if under rules made in that behalf under the Representation of the People Act, 1950 (43 of 1950), electors of the constituency in which the polling station is situated have been supplied with identity cards with or without their respecting photographs attached thereto; and

(c) For prohibiting the delivery of any ballot paper to any person for voting, at a polling station if at the time such person applies for such paper he has already such a mark on his thumb or any other finger or does not produce on demand his identity card before the presiding officer or a polling officer of the poling station].

——————-

1. Subs. by Act 58 of 1958, sec. 25, for section 61.

Section 61 A. Voting machines at elections

¹[Voting machines at elections. Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify.

Explanation For the purpose of this section, “voting machine” means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.]

——————–

1. Ins. by Act 1 of 1989, sec. 11 (w.e.f 15-3-1989).

Section 62. Right to vote

(1) No person who is not, and except as expressly provided by the Act, every person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency.

(2) No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the Representation of the People Act, 1950 (43 of 1950).

(3) No person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.

(4) No person shall at any election vote in the same constituency more than once, not withstanding that his name may have been registered in the electoral roll for the constituency more than once, and if he does so vote, all his votes in that constituency shall be void.

(5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of’ the police:

Provided that nothing in this subsection shall apply to a person subjected to preventive detention under any law for the time being in force.

Section 63. Method of voting

Rep. By the Representation of the People (Amendment) Act, 1961 (40 of 1961), sec. 14 (w.e.f. 20-9-1961)

Section 64. Counting or votes

At every election where a poll is taken, votes shall be counted by or under the ¹[supervision and direction] of, the returning officer, and each ²[contesting candidate], his election agent and his ³[counting agents], shall have a tight to be present at the time of counting.

——————–

1. Subs. by Act 27 of 1956, see. 36, for “supervision”.

2. Subs. by Act 58 of 1958 sec. 26, for “candidate”.

3. Subs. by Act 27 of 1956, sec. 36, for “counting agent”.

Section 64 A. Destruction, loss, etc., or ballot papers at the time of counting

¹[Destruction, loss, etc., or ballot papers at the time of counting. (1) If at any time before the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the Election Commission.

(2) Thereupon, the Election Commission shall, after taking all material

circumstances into account, either-

(a) Direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or

(b) If satisfied that the result of a fresh poll at that polling station or place will not in any way, affect the result of the election, issue such directions to the returning officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.

(3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as the apply to tire original poll.]

——————–

1. Ins. by Act 47 of 1966, sec. 34, (w.e.f. 14-12-1966).

Section 65. Equality of votes

If after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

Section 66. Declaration of results

When the counting of the votes has been completed, the returning officer ¹[shall, in tire absence of any direction by the Election Commission to the contrary, forthwith declare] the result of the election in the manner provided by this Act or the rules trade thereunder

——————–

1. Subs. By Act 47 of 1966, sec. 35, for “shall forthwith declare” (w.e.f. 14-12-1966)

Section 67. Report of the result

As soon as may be after the result of all election has been declared, the returning officer shall report the result to the appropriate authority and the Election Commission, and in the case of air election to a House of Parliament or of the Legislature of’ a State also to the Secretary of that House, and the appropriate authority shall cause to he published in file Official Gazelle the declarations containing the names of tire elected candidates.

Section 67 A. Date of election of candidate

¹[Date of election of candidate. For the purposes of this Act, file date on which candidate is declared by the returning officer under the provisions of section 53, ²[***], ³[* * *], or section 66, to be elected to a House of Parliament or of the Legislature of a State shall be the date of election of that candidate.

——————–

1. Ins. By Act 27 of 1956, sec. 37

2. The word and figures “section 54” omitted by Act 40 of’ 1961, sec. 15 (w.e.f. 20-9-1961).

3. The word, figures and letter “section 55A” omitted by Act 58 or 1958, sec. 27.

Section 68. Vacation of seats when elected to both Houses or Parliament

(1) Any person who is chosen member of both the Houses of the People and the Council of States and who has not taken his seat in either House relay, by notice in writing signed by him and delivered to the Secretary to the Election Commission ¹[within ten days from the date, or the liter of the dates, on which lie is so chosen, intimate in which of the Houses he wishes to serve, and thereupon, his scat in the House in which he does not wish to serve shall become vacant.

(2) In default of such intimation within the aforesaid period, his seat in the Council of States shall, at the expiration of that period become vacant.

(3) Any intimation given under subsection (1) shall be final and irrevocable.

²[(4) For the purposes of this section and of section 69, the date on which a person is chosen to be a member of either House of Parliament shall be in the case of an elected member, the date of his election and in the case of a nominated member, the date of first publication in the Gazette of India of his nomination.]

——————–

1. Subs. By Act 27 of 1956, sec. 38, for certain words.

2. Ins. By Act 27 of’ 1956, sec. 38

Section 69. Vacation of seats by pet-sons already members of one House on election to other House of Parliament

(1) If a person who is already a member of the House of the People and has taken his seat in such House is chosen a member of the Council of States, his seat in the House of the People shall ¹[on the date on which he is so chosen], become vacant.

(2) If a person who is already a member of the Council of States and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall ¹[on the date on which he is so chosen], become vacant.

——————–

1. Sub. By Act 27 of 1056, sec. 39, for certain words.

Section 70. Election to more than one seat in either House of Parliament or in the House or either- House of the Legislature of a State

If a person is elected to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State, then, unless within the prescribed time he resigns all but one of the seats ¹[by writing under his hand addressed to the Speaker or Chairman, as the case may be, or to such other authority or officer as may be prescribed], all the seats shall become vacant.

——————–

1. Ins. By Act 27 of’ 1956, see. 40.

Section 71. Publication results of elections to the Council of States and of names of persons nominated by the President

¹[Publication results of elections to the Council of States and of names of persons nominated by the President. After the elections held in any year in pursuance of the notifications issued under section 12, there shall be notified by the appropriate authority in the Official Gazette the names of members elected by the elected members of the Legislative Assemblies of the States and by the members of the electoral colleges for the various ²[Union] territories at the said elections together with the names of any persons nominated by the President to the Council of States under sub-clause (a) of clause (1) of article 80 or under any other provisions.

——————–

1. Sub by Act 27 of’ 1956, sec. 41, for sections 71 to 75.

2. Sub. By the Adaptation of Laws (No. 2) Order, 1956, for “Part C States”

Section 72. Publication or results of elections for the reconstitution of electoral colleges for certain Union territories

Rep. by the Territorial Councils Act, 1956 (103 of 1956), sec. 66

Section 73. Publication of results of general elections to the House of the People and the State Legislative Assemblies

Where a general election is held for the purpose of constituting a new House of the People or a new State Legislative Assembly, there shall be notified by ¹[the Election Commission] in the Official Gazette, as soon as may be after ²[the results of the elections in in the constituencies] other than these in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30 or for which the time for completion of the election has been extended under the provisions of section 53 have been declared by the returning officer under the provisions of section 53 or, as the case may be section 66, the names of the members elected for those constituencies] ³[* ** ] and upon the issue of such notification that House or Assembly shall be deemed to be duly constituted:

Provided that the issue of such notification such not be deemed

⁴[(a) To preclude-

(i) The taking of the poll and the completion of the election in any Parliamentary or Assembly constituency or constituencies in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30; or

(ii) The completion of the election in any Parliamentary or Assembly constituency or constituencies for which time has been extended under the provisions of section 153; or]

(b) To affect the duration of the House of the People or the State Legislative Assembly, if any, functioning immediately before the issue of the said notifications

——————–

1. Subs. by Act 40 of 1961, sec. 16, for “the appropriate authority” (w.e.f. 20-9-1961).

2. Subs. by Act 10 of 1967, sec. 2, for certain words.

3. Certain words omitted by Act 40 of 1961, sec. 16, (w.e.f. 20-9-1961).

4. Subs by Act 10 of 1967, sec. 2, for clause (a).

Section 73 A. Special provision as to certain elections

¹[Special provision as to certain elections. Notwithstanding anything containedinsection73 or in any other provision of this Act, with respect to the general election for the purpose of constituting a New House of the People upon dissolution of’ the Ninth House of the People,-

(a) The notification under section 73 may be issued without taking into account the Parliamentary constituencies in the State of Jammu and Kashmir; and

(b) The Election Commission may take the steps in rotation to election from the Parliamentary constituencies in the State of Jammu and Kashmir; separately and in such timing and on such date or dates is it may deem appropriate.]

——————–

1. Subs. by Act 31 of 1991, see. 2, for sections 73A and 73AA (w.e.f. 18-4-1991)

Section 74. Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils

After the elections held ¹[in pursuance of the notifications issued under section 15A or ] in any year in pursuance of the notifications issued under section 16, there shall he notified by the appropriate authority in the Official Gazette the names of the member elected for the elected for the various Council constituencies and by the member of the Legislative Assembly of the State at the said elections together with the names of any persons nominated by the Governor ²[***] under sub-clause (e) of clause (3) of article 171.]

——————–

1. Ins. by Act 37 of 1957, sec. 13.

2. The words “or Rajpramukh, as the case fairly be” omitted by the Adaptation of Laws (No. 2) Order, 1956

Section 76. Application of Chapter

¹[Application of Chapter. This Chapter shall apply only to the elections to the House of the People and to the Legislative Assembly of a State.

——————–

1. Subs. by Act 27 of 1956, sec. 42, for sections 76 to 78.

Section 77. Account of election expenses and maximum thereof

(1) Every candidate at air election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between ¹[the date on which he has been nominated] and the date of declaration of the result thereof, both dates inclusive.

²[Explanation 1.Notwithstanding any judgment, order or decision of any Court to the contrary, any expenditure incurred or authorized in connection with the election of a candidate by a political party or by any other association or body of persons or by ,my individual (other than the candidate or his election agent) shall not be deemed to be, and shall not ever be deemed to have been, expenditure in connection with the election incurred or authorized by the candidate or by his election agent for the purposes of this subsection:

Provided target nothing contained in this Explanation shall affect-

(a) Any judgment, order or decision of the Supreme Court whereby the election of a candidate to the House of the People or to the Legislative Assembly of a State his been declared void or set aside before the commencement of the Representation of the People (Amendment) Ordinance, 1974 (Ord. 13 of 1974);

(b) Any judgment, order or decision of a High Court whereby the election of any such candidate has been declared void or set aside before the commencement it of’ the said Ordinance if no appeal has been preferred to the Supreme Court before such judgment, order or decision of the High Court before such commencement and the period of limitation for filing such appeal has expired before such commencement.

³ [* **]

⁴[Explanation 3.For the removal of doubt, it is hereby declared that any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (7) of section 123 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorized by a candidate or by his election agent for the purposes of this subsection.]

(2) The account shift contain such particulars, as may be prescribed.

(3) The total of the said expenditure shall not exceed such amount as may be prescribed.

——————–

1. Subs. by Act 40 of 1975, sec. 6, for, certain words (retrospectively).

2. Ins. by Act 59 of 1974, sec. 2 (w.e.f. 19-10-1974).

3. Explanation 2 omitted by Act of 1989, sec. 12 (w.e.f. 15-3-1989).

4. Ins. by Act 40 of’ 1075, sec. 6 (retrospectively)

Section 78. Lodging of account with the district election officer

¹[(1)] Every contesting candidate at an election shall, within thirty days from the dale of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates, lodge with the ²[district, election officer] an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 77.]

³[(2) The reference to the district election officer in subsection (1) shall, in relation to a constituency in a Union territory, he construed as a reference to the returning officer for that constituency.]

——————–

1. Section 78 renumbered as sub-section (1) of that section by Act 47 of 1966, sec. 36.

2. Subs. by Act 47 of 1966, sec. 36, for “returning officer”.

3. Ins. by Act 47 of 1966, sec. 36.

Section 79. Definitions

In this Part and in ¹[Part VIII unless the context otherwise requires, -

²[(a) Any reference to a High Court or to the Chief Justice or Judge of a High Court shall, in rotation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference to the said Court of the Judicial Commissioner or to the Judicial Commissioner or any Additional Judicial Commissioner, as the case may be;]

³[(b) “Candidate” means a person who has been or claims to have been duly nominated as a candidate at any election;]

(c) “Costs” means all costs, charges and expenses of, or incidental to, a trial of an election petition;

(d) “Electoral right” means the right of a person to stand or not to stand as, or ⁴[to withdraw or not to withdraw] from being, a candidate, or to vote or refrain from voting at all election;

⁵[(e) “High Court” means the High Court within the local limits of whose jurisdiction the election to which the election petition relates has been held; ]

(f) “Returned candidate” means a candidate whose name has been published under section 67 as duly elected.

——————–

1. Subs. by Act 47 of 1966, sec. 37, for “Parts VII and VIII”.

2. Ins. by Act 47 of 1966, sec. 37, original clause (a) was omitted by Act 27 of 1956, sec. 43.

3. Subs. by Act 40 of 1975, sec. 7 for clause (b) (retrospectively).

4. Subs. by Act 47 of 1966, sec. 37, for “to withdraw”(w.e.f. 14-12-1966).

5. Subs. By Act 47 of 1966, sec. 37 for claluse (e) (w.e.f. 14-12-1966)

Section 80. Election petitions

Chapter II. Presentation of Election Petitions to ¹[High Court]

——————–

1. Subs. by Act 47 of 1966, sec. 39, for “Election Commission” (w.e.f. 14-12-966).

80. Election petitions.

No election shall be called in question except by all election petition presented in accordance with the provisions of this Part.

Section 80 A. High Court to try election petitions

¹[High Court to try election petitions. (1) The Court having jurisdiction to try an election petition shall be the High Court.

(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice, shall, from time to time, assign one or more Judges for that purpose:

Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that Court.

(3) The High Court in its discretion may, in the interests of justice or convenience, try all election petition, wholly or partly, at a place other than the piece of seat of the High Court.]

——————–

1. Ins. by Act 47 of 1966, sec. 38 (w.e.f. 14-12-1966).

Section 81. Presentation of petitions

(1) An election petition calling in question any election may be presented on one or more of the grounds specified in ¹[sub-section (1)] of section 100 and section 101 to the ²[High Court] by any candidate at such election or any elector ³[within forty-five days from, but not earlier than the date of election of the returned candidate or if there are more than one returned candidate at the election and dates of their election are different, the later of those two dates].

Explanation. In this subsection, “elector” means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not.

⁴[***]

⁵[(3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition ⁶[***] and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.]

——————–

1. Subs. by Act 27 of 1956, sec. 44, for “sub-sections (1) and (2)”

2. Subs. by Act 47 of 1966, sec. 39 for “Election Commission” (w.e.f. 14-12-1966).

3. Subs. by Act 27 of 19S6, sec. 44, for certain words.

4. Sub-section (2) omitted by Act 47 of 1966, sec. 39 (w.e.f. 14-12-1966).

5. Ins. by Act 40 of 1961, sec. 17 (w.e.f. 20-9-1961).

6. Certain words omitted by Act 47 of 1966, sec. 39 (w.e.f. 14-12-1966).

Section 82. Parties of the petition

¹[Parties of the petition. A petitioner shall join as respondents to his petition-

(a) Where the petitioner, in addition to claiming declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner and where no such further declaration is claimed, all the returned candidates; and

(b) Any other candidate against whom allegations of any corrupt practice are made in the petition]

——————–

1. Subs. by Act 27 of 1956, sec. 45, for section 82.

Section 83. Contents of petition

¹[Contents of petition. (1) An election petition-

(a) Shall contain a concise statement of the material facts on which the petitioner relies;

(b) Shall set forth full particulars of any corrupt practice that the petitioner alleged including as full statement as possible of the names of the parties alleged to have commission such corrupt practice and the date and place of the commission of each such practice; and

(c) Shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings:

²[Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by all affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.]

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same matter as the petition.

——————–

1. Subs. by Act 27 of 1956 sec. 46, for section 83.

2. Ins. by Act 40 of 196 1, sec. 18 (w.e.f. 20-9-1961).

Section 84. Relief that may be claimed by the petitioner

¹[Relief that may be claimed by the petitioner. A petitioner may, in addition to claiming a declaration that the election of all orally of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected

——————–

1. Subs. by Act 27 of 1956, see. 47, for section 84

Section 85. Procedure on receiving petition

Rep. by the Representation of the people (Amendment) Act, 1966 (47 of 1966), sec. 40

Section 86. Trial of election petitions

¹[Trial of election petitions. (1) The High Court shall dismiss all election petition which does not comply with the provisions of section 81 or section 82 or section 117.

Explanation. An order of the High Court dismissing all election petition under this sub-section shall he deemed to be an order made under clause (a) of section 98.

(2) As soon as any be after an election petition has been presented to the High Court, it shall be referred to the judges who has or have been assigned by file Chief Justice for the trial of election petitions under sub-section (2) of section 80A.

(3) Where more election petitions than one are presented lo the High Court in respect of the same election, all of them shall be referred for trial to the same judge who may, in his discretion, try them separately or in one or more groups.

(4) Any candidate not already a respondent shift, upon application made by him to the High Court within fourteen days front the date of commencement of the trial and subject to any order as to security for costs which may be made by the High Court, be entitled to be joined as a respondent.

Explanation. For the purposes of this subsection and of section 97, the trial of a petition shall be deemed to commence on the date fixed for file respondents to appear before the High Court and answer the claim or claim made in the petition.

(5) The High Court may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as in may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged it) the petition.

(6) The trial of an election petition shall, so far as is practicable consistently with the interests of justice in respect of the trial be continued from day to day until its conclusion, unless the High Court finds the adjournment of the trial beyond the following day to be necessary for reasons lo be recorded.

(7) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months front the date on which the election petition is presented to the High Court for trial.

——————–

1. Subs. by Act 47 of’ 1966, sec. 41, for sections 86 to 92 (w.e.f. 14-12-1966)

Section 87. Procedure before the High Court

(1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall he tried by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of’ 1908) to the trial of suits:

Provided that the High Court shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.

(2) The provisions of the Indian Evidence Act, 1872 (1 of 1872), shall subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.]

Section 93. Documentary evidence

Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.

Section 94. Secrecy or voting not to be infringed

No witness or other person shall be required to state for whom he his voted at an election.

Section 95. Answering of criminating questions and certificate of indemnity

(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may lend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:

Provided that-

(a) A witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of certificate of indemnity from ¹[the High Court]; and

(b) An answer given by a witness to a question put by or before ¹[the High Court] shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against in any civil or criminal proceeding.

(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any Court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian Penal Code (45 of 1860), or Pail VII of this Act arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him front any disqualification in connection with an election imposed by this Act or any other law.

——————-

1. Subs. by Act 47 of’ 1966, sec. 42, for “the Tribunal” (w.e.f 14-12-1966)

Section 96. Expenses or witnesses

The reasonable expenses incurred by any person in attending to give evidence may be allowed by ¹[the High Court to such person and shall, unless ¹[the High Court] otherwise directs, be deemed to be part of the costs.

——————–

1. Subs. by Act 47 of 1966, sec. 42, for “the Tribunal” (w.e.f. 14-12-1966.)

Section 97. Recrimination when seat claimed

(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he hid beer the returned candidate and a petition had been presented calling in question his election:

Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of’ ¹[commencement of the trial], given notice to ²[the High Court] of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively.

(2) Every notice referred to in sub-section (I) shall be accompanied by the statement and ³[***] particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner.

——————–

1. Subs. by Act 27 of 1956, sec. 52, for “the publication of the election petition under section 90”.

2. Subs. by Act 47 of 1966, sea. 42, for “the Tribunal” (w.e.f. 14-12-1966)

3. The words “list of” omitted by Act 27 of 1956, sec. 52.

Section 98. Decision of the High Court

At the conclusion of the trial of the an election petition ¹[the High Court] shall make in order-

(a) Dismissing the election petition; or

(b) Declaring the election of ²[all or any of the returned candidates] to be void; or

(c) Declaring the election of ⁴[all or any of the returned candidates] to be void and the petitioner or any other candidate to have been duly elected ³[***]

——————–

1 Subs by Act 47 of 1966, sec. 42, for “the Tribunal” (w.e.f. 14-12-1966.)

2. Subs. by Act 27 of 1956, sec. 53, for “the returned candidate”.

3. The word “or” and clause (d) omitted by Act 27 of’ 1956, sec. 53.

Section 99. Other orders to he made by the High Court

(1) All the time of making an order under section 98 ¹[the High Court] shall also make an order-

²[(a) Where any charge is made in the petition of any corrupt practice having been Committed at the election, recording-

(i) Finding whether any corrupt practice has or has not been proved to hive been committed ³[***] at election, and the nature of that corrupt practice; and

(ii) The names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and]

(b) Fixing the total amount of cost payable and specifying the persons by and to whom costs shall be paid:

Provided that ⁴[a person who is not a party to the petition shall not be named] in the order under sub-clause (ii) of clause (a) unless-

(a) He has been given notice to appear before ⁵[the High Court] and to show cause why lie should not be so named; and

(b) If he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who his already been examined by ⁶[the High Court] and his given evidence against him, of calling evidence in his defence and of being heard.

⁷[(2) In this section and in section I 00, the expression “agent” has the same meaning as in section 123.]

——————–

1. Subs. by Act 47 of 1966, sec. 42, for “the Tribunal” (w.e.f. 14-15-1966.)

2. Subs. by Act 27 of 1956, sec. 54, for clause (a).

3. Certain words omitted try Act 58, sec. 29.

4. Subs. by Act 27 of 1956, sec. 54, for “no person shall be named”.

5. Subs. by Act 47 of 1966, sec. 42, for “the Tribunal” (w.e.f. 14-12-1966).

6. Subs. by Act 47 of 1966, sea. 42, for “the Tribunal” (w.e.f. 14-12-1966).

7. Subs. by Act 27 of 1956, sec. 54, for subsection (2).

Section 100. Grounds for declaring election to be void

¹[ (1) Subject to the provisions of sub-section (2) if ²[the High court] is of opinion-

(a) That on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution or this Act ³[or the Government of Union Territories Act, 1963 (20 of 1963)]; or

(b) That any corrupt practice has been continued by a retuned candidate or his election agent or by other person with the consent of retuned candidate or his election agent; or

(c) That any nomination has been improperly rejected; or

(d) That the result of the election, in so far as it concerns a returned candidate, has been materially affected-

(i) By the improper acceptance or any nomination, or

(ii) By any corrupt practice committed in the interests of the returned candidate ⁴[by an agent other than his election agent], or

(iii) By the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or

(iv) By any noncompliance with the provisions of the Constitution or of’ this Act or of any rules or orders made under this Act,

⁵[the High Court] shall declare the election of the returned candidate to be void.]

⁶[(2) If in the opinion of 5[the High Court], a returned candidate has been guilty by an agent other than his election agent, of any corrupt practice ⁷[* **] but ⁵[the High Court] is satisfied-

(a) That no such corrupt practice was committed at there election by the candidate or his election agent, and every such corrupt practice was committed contrary to the order, and ⁸[without the consent], of the candidate or his election agent;

⁹[* * *]

(c) That the candidate and his election agent took all reasonable means for preventing the commission of corrupt ¹⁰[***] practices at the election: and

(d) That in all other respects the election was free from any corrupt ¹⁰[* * *], practice on the part of’ the candidate or any of his agents,

Then ⁵[the High Court] may decide fiat the election of the returned candidate is not void.

——————–

1. Subs. by Act 27 of’ 1056, sec. 55, for sub-sections (1) and (2)

2. Subs. by Act 27 of 1966, sea. 42, for “the Tribunal” (w.e.f. 14-12-1966)

3. Ins. by Act 20 of I963, sec. 57 and the Second Schedule, the words “or the Government of Part C States Act, 1951 (49 of 1951)” were omitted by the Adaptation of Laws (No.2) Order, 1956

4. Subs. by Act 58 of 1958, sec. 30, words.

5. Subs. by Act 47 of’ 1966, sec. 42, for “the Tribunal” (w.e.f.14-12-1966)

6. Sub-section (3) renumbered as sub-section (2) by Act 27 of’ 1956, sec. 55

7. The words and figures “specified in section 123” omitted by Act 27 of 1956, sec. 55.

8. Subs. by Act 27 of’ 1956, sec. 55, for “without the sanction or connivance”

9. Clause (1)) omitted by Act 58 or 1958, sec. 30

10. The words “or illegal” omitted by Act 27 of 1956, sec. 55.

Section 101. Grounds for which a candidate other than the returned candidate may be declared to have been elected

If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and ¹[the High Court] is of opinion-

(a) That in fact the petitioner or such other candidate received a majority of the valid votes; or

(b) That but for the votes obtained by the returned candidate by corrupt ²[* * *] practices the petitioner or such other candidate would have obtained a majority of the valid votes,

³[the High Court] shall, after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.

——————–

1. Subs. by Act 47 of’ 1966, sec. 42, for “the Tribunal” (w.e.f.14-12-1966)

2. The words “or illegal” omitted by Act 27 of 1956, sec. 56.

3. Subs. by Act 47 of 1966, sec. 42, for “the tribunal” (w.e.f. 14-12-1966).

Section 102. Procedure in case of an equality of votes

If during the trial of an election petition it appears that there is all equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then-

(a) Any decision made by the returning officer under the provisions of this act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and

(b) In so for as that question is not determined by such a decision ¹[the High court] shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.

——————–

1. Subs. by Act 47 of 1966, sec. 42, for “the tribunal” (w.e.f. 14-12-1966).

Section 103. Communication of orders or the High Court

¹[Communication of orders or the High Court. The High Court shall, as soon as may be after the conclusion of the trial of all election petition, Ultimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and, as soon as may be thereafter, shall send to the Election Commission an authenticated copy of the decision.]

——————–

1. Subs. by Act 47 of 1066, sec. 43, for section 103 (w.e.f. 14-12-1966).

Section 104. Difference of opinion among the members of the Tribunal

Rep. By the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), sec. 57.

Section 105. Orders of the ‘Tribunal to be final and conclusive

Rep. by the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), sec. 58

Section 106. Transmission or order to the appropriate authority, etc., and its publication

As soon as may be after the receipt of any order made by ¹[the High Court] under section 98 or section 99, the Election Commission shall forward copies of the order to the appropriate authority and, in the case where such order relates to an election ²[* * *] to a House of Parliament or to an election to the House or a House of the Legislature of a State, also to the Speaker or Chairman, as the case may be, of the House concerned and ³[shall cause the order to be published-

(a) Where the order relates to an election to a House of Parliament in the Gazette of India as well as in the Official Gazette of the State concerned; and

(b) Where the order relates to an election to the House or a House of the Legislature of the State, in the Official Gazette of the State]

——————–

1. Subs. by Act 47 of 1966, sec. 42, for “the tribunal” (w.e.f. 14-12-1966)

2. The words and brackets “(other than a primary election)” omitted by Act 27 of 1956, sec. 59.

3. Subs. by Act 27 of 1956, sec. 59, for certain words.

Section 107. Effect of order of the High Court

¹[Effect of order of the High Court. ²[(1) Subject to the provisions contained in Chapter IV A relating to the stay of operation of an order of the High Court under section 98 section 99, every such order shall take effect as soon as it is pronounced by the High Court.]

——————–

1. Subs. by Act 27 of 1956, sec. 60, for section 107.

2. Subs. by Act 47 of 1966, sec. 44, for sub-section (1) (w.e.f. 14-12-1966).

Section 108. Withdrawal of petitions before appointment of Tribunal

Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), sec. 45

Section 109. Withdrawal of election petitions

¹[Withdrawal of election petitions. (1) An election petition may be withdrawn only by leave of the High Court.

(2) Where an application for withdrawal is made under subsection (1), notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition and shall be published in the Official Gazette.

——————–

1. Subs. by Act 47 of 1966, sec. 46, for section 109 and 110 (w.e.f. 14-12-1966).

Section 110. Procedure for withdrawal of election petitioner

(1) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.

(2) No application for withdrawal shall be granted if, in the opinion of the High Court, such application has been induced by any bargain or consideration which ought not to be allowed.

(3) If the application is granted-

(a) The petitioner shall be ordered to pay the costs of the respondents there to fore incurred or such portion thereof as the High Court may think fit;

(b) The High Court shall direct that the notice of withdrawal shall be published in the Official Gazette and in such other manner as it may specify and thereupon the notice shall be published accordingly;

(c) A person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in place of the party within, wing, and upon compliance with the condition, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the Court may deem fit.]

Section 111. Report or withdrawal by the High Court to the Election Commission

When an application for withdrawal is granted by ¹[the High Court] and no person has been substituted as petitioner under clause (c) of subsection (3) of section 110, in place of the party withdrawing ¹[the High Court] shall report the fact to the Election Commission ²[and thereupon the Election Commission shall publish the report in the Official Gazette].

——————–

1. Subs. by Act 47 o 1966, sec. 47, for “the Tribunal” (w.e.f’. 14-12- 1966).

2. Ins. by Act 27 of 1956, sec. 61.

Section 112. Abatement of election petitions

¹[Abatement of election petitions. (1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.

(2) Where an election petition abates under sub-section (1), the High Court shall cause the fact to be published in such manner as it may deem tit.

(3) Any person who might himself have been a petitioner may within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions if any,, as security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.]

——————–

1. Subs. by Act 47 of 1966, sec. 48, for sections 112 to 115 (w.e.f. 14-12-1966).

Section 116. Abatement or substitution on death of respondent

If be fore the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, ¹[the High Court] shall cause notice of such event to be published in the Official Gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms is ¹[the High Court] may think tit.

——————–

1. Subs. by Act 47 of 1966, sec. 49, for “the Tribunal” (w.e.f. 14-12-1966).

Section 116 A. Appeals to Supreme Court

¹[CHAPTER IV A.Appeals

——————–

1. Ins. by Act 27 of 1956, sec. 62.

¹[116A. Appeals to Supreme Court

(1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) from every order made by a High Court under section 98 or section 99

(2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of the order of the High Court under section 98 or section 99:

Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient, clause for not preferring the appeal within such period.

——————–

1. Subs. by Act 47 of 1966, sec. 50, for section 116A and 116B (w.e.f. 14-12-1966).

Section 116 B. Stay of operation of order of High Court

(1) An application may be made to the High Court for stay of operation of an order made by the High Court under section 98 or sections 99 before the expiration of the time allowed for appealing there form and the High Court may, on sufficient cause being shown and on such terms and conditions a it may think fit, stay the operation of the order; but no application for stay shall be made to the High Court after an appeal has been preferred to the Supreme Court.

(2) Where an appeal has been preferred against all order made under section 98 or section 90, the Supreme Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order appealed from.

(3) When the operation of all order is stayed by the High Court or as the else may be, the Supreme Court, the order shall be deemed never to have taken effect Under Sub-section (1) of section 107; and a copy of the stay order shall immediately be sent by the High Court on as file else may be, the Supreme Court, to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned.

Section 116 C. Procedure in appeal

(1) Subject to the provisions of this Act and of the Rules, if any, a made the re-under every appeal shall be heard and determined by the Supreme Court as nearly as may be in accordance with the procedure applicable to the hearing and determination of an appeal from any final order passed by a High Court in the exercise of its original civil jurisdiction; and all the provisions of the code of Civil Procedure, 1908 (5of 1908) and the Rules of the Court (including provisions as to the furnishing of security and execution of any order of the Court) shall, so far as may be, apply in relation to such appeal.

(2) As soon as an appeal is decided, the Supreme Court shall intimate the substance of the decision to the Election Commission and the Speaker of Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and as soon as may be thereafter shall send to the Election Commission all authenticated copy of the decisions and upon its receipts the Election Commission shall–

(a) Forward copies thereof to the authorities to which copies of the order of the High Court were forwarded under section 160; and

(b) Cause the decision to be published in the Gazette or Gazettes in which that order was published under the said section.]

Section 117. Security for costs

¹[Security for costs. (1) At the time of presenting at election petition, the petitioner shall deposit in the High Court in accordance with the Rules of the High Court a suite of two thousand rupees is security for the costs of the petition.

(2) During the course of the tribal of an election petition, the High Court rally, at anytime call upon the petitioner to give such further security for costs as it may direct.

——————–

1. Subs. by Act 47 of’ 1966, sec. 51, for sections 117, 118, 119, 119A and 120 (w.e.f’. 14-12-1966)

Section 118. Security for costs from a respondent

No person shall be entitled to be joined as a respondent under sub-section (4) of section 86 unless he has given such security for costs as the High Court may direct.

Section 119. Costs

Costs shall be in the discretion of the High Court

Provided that where a petition is dismissed under clause (a) of section 98, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the High Court shall make an order for costs in favour of the returned candidate.]

Section 121. Payment of costs out of security deposits and return of such deposits

(1) If in any order as to costs under the provisions of this Part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible out of the security deposit and the further security deposit, if any, made by such party under this part on an application made in writing in that behalf ¹[within a period of one year, from the date of such order] to ²[the High Court] by the person in whose favour the costs have been awarded.

(2) If there is any balance left of any of the said security deposits after payment under subsection (1) of the costs referred to in that subsection, such balance, or where no costs have been awarded or no application is aforesaid has been made within the said period of ³[one year] the whole of the said security deposits may, on an application made in that behalf in Writing to ²[the High Court] by the person by whom the deposits have been made or if such person dies after making such deposits by legal representative of such person, be returned to the said person or to his legal representative, as the case may be.

——————–

1. Subs. by Act 58 of’ 1958, sec. 34, for certain words

2. Subs. by Act 47 of 1966, sec. 52, for ‘the Election Commission” (w.e.f. 14-12-1966).

3. Subs. by Act 58 of 1958, sec. 34, for “six months”.

Section 122. Execution of orders as to costs

Any order as to costs under the provisions of this part may be produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum, of money has a place of residence of business, o where such place is within a presidency town, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner, and by the same procedure as if it were a decree for the payment of money made by itself in a suit:

Provided that where any such costs or any apportion thereof may be recovered by an application made under subsection (1) of section 121, no application shall lie under this section ¹[within a period of one year from the date of such order] unless it is for recovery of the balance of any costs which has been left un realised after an application has been made under that subsection owing to the insufficiency of the amount of the security deposits referred to in that sub-section.

——————–

1. Subs. by Act 58 of 1958, sec. 35, for certain words.

Section 123. Corrupt practices

PART VII

¹[CORRUPT PRACTICES AND ELECTORAL OFFENCES]

²[CHAPTER I. Corrupt Practices

——————–

1. Subs. by Act 27 of 1956, sec. 65, for the heading “CORRUPT AND ILLEGAL PRACTICES AND ELECTORAL OFFENCES”.

2. Subs. by Act 27 of 1956, sec. 66, for Chapters 1 and 11 (sections 123 to 125).

Section 123. Corrupt practices.

The following shall be deemed to be corrupt practices for the purposes of this Act: -

¹[(1) “Bribery” that is to say-

(A) Any gift offer or promise by a candidate of his agent or by any other person with the consent of a candidate or his election agent of any gratification to any person whomsoever, with the objects, directly or indirectly of inducing-

(a) A person to stand or not to stand as, or ²[to withdraw or not to withdraw] from being a candidate at an election, or

(b) An elector to vote or refrain from voting at an election, or as a reward to-

(i) A person for having so stood or not stood, or for ³[having withdrawn or not having withdrawn] his candidature; or

(ii) An elector for having voted or refrained from voting;

(B)The receipt of, or agreement to receive, any gratification, whether as a motive or a reward

(a) By a person for standing or not standing as, or for ⁴[withdrawing or not withdrawing] from being, a candidate; or

(b) By any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate ²[to withdraw or not to withdraw] his candidature.

Explanation

For the purposes of this clause the term “gratification” is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in section 78.]

(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person ⁵[with the consent of the candidate or his election agent], with the free exercise of any electoral right:

Provided that-

(a) Without prejudice to the generality of the provisions of this clause any such person as is referred to therein who-

(i) Thereaters any candidate or any elector, or any person in whom a candidate or an elector interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or

(ii) Kinduces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered and object of divine displeasure or spiritual censure,

Shall be deemed of interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;

(b) A declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent of interference within the meaning of this clause.

⁶[(3) The appeal by a candidate or his agent or by any other person with the consent of a candidates or his election agent to vote or refrain from voting for any person on the ground of his religion, race caste community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbol such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate of for prejudicially affecting the election of bay candidate;

⁷[Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.]

(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on ground of religion race caste community or language, by a candidate or his agent or any other person with the consent of candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.]

⁸[(3B) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

Explanation- For the purposes of this clause, “sati” and “glorification” in relation to sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987].

(4) The publication by a candidate or his agent or by any other person ⁹[with the consent of the candidate or his election agent], of any statement of fact which is false3, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct or any candidate in relation to the candidature, or withdrawal, ¹⁰[* * *] of a try candidate, being a statement reasonably calculated to prejudice the prospects of that candidate’s election.

(5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person ¹¹[with the consent of a candidate or his election agent for the use of such vehicle or vessel for the free conveyance] of any elector (other than the candidate himself the members of his family or his agent) to or from any polling station provided under section 25 or place fixed under subsection (I ) of section 29 for the poll:

Provided that the hiring of vehicle or vessel by a it elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shill not be deemed to be in corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:

Provided further that the use of any public transport vehicle or vessel orally tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.

Explanation.In this clause, the expression “vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for driving other vehicles or otherwise.

(6) The incurring or authorizing of expenditure lit contravention of section 77.

(7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person ¹²[With the consent of the candidate or his election agent], any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate’s election ¹⁹[from any person whether or not in the service of the Government] and belonging to any of the following classes, namely–

(a) Gazetted officer, -

(b) Stipendiary judges and magistrates;

(c) Members of the armed forces of the Union;

(d) Members of the police forces;

(e) Excise officers;

¹³[(f) Revenue officers other than village revenue officers known is lambardars malguzars, patels, deshmukhs or by any other name whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge ally police functions; and)

(g) Such other class of’ persons in the service of the Government as may be Prescribed:

²⁰[(h) class of persons in the service of a local authority, university, government company or institution or concern or undertaking appointed or deputed by the Election Commission in connection with the conduct of elections.]

¹⁴[Provided that where any person, in the service of the Government and belonging to any of the classes aforesaid, in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason), such arrangement, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate’s election.]

¹⁵[(8) Booth capturing by a candidate or his agent or other person]

Explanation

(1) In this section the expression “agent” includes an election agent a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate.

(2) For the purposes of clause (7), a person shall be deemed to assist in the furtherance of the prospects of a candidate’s election as an election agent ¹⁶[* * *] of that candidate.]

¹⁷[(3) For the proposes of clause (7), not withstanding any thing contained in any other law, the publication in the Official Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Central Government (inclaling a person serving in connection with the administration of a Union territory) or of a State Government shall he conclusive proof-

(i) Of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, and

(ii) Where the date of taking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service such person ceased to be in such service with effect from the said date.]

¹⁸[(4) For the purposes of clause (8), “booth capturing” shall have the same meaning as in section 135A.]

——————–

1. Subs. by Act 58 of 1958, sec. 36, for clause (1).

2. Subs. by Act 47 of 1966, sec. 53, for “to withdraw” (w.e.f.14-12-1966).

3. Subs. by Act 47 of 1966, sec. 53, for “having withdrawn” (w.e.f. 14-12-1966).

4. Subs. by Act 47 of 1966, sec. 53 for “withdrawing” (w.e.f. 14-12-1966).

5. Ins. by Act 58 of 1958, sec. 36.

6. Subs. by Act 40 of’ 1961, sec. 23, for clause (3) (w.e.f. 20-9-1961)

7. Ins. by Act 40 of 197.5, sec. 8 (retrospectively)

8. Ins. by Act 3 of 1988, sec. 19 (w.e.f. 21-3-1088)

9. Ins by Act 58 of 1058, sec. 36.

10. The words “or retirement from contest” omitted by Act 58 of 1958, sec. 36.

11. Ins. by Act 58 of 1958, sec. 36.

12. Subs. by Act 47 of 1966 sec. 53, “for the conveyance”(w.e.f. 14-12-1966).

13. Subs. by Act 58 of 1958, sec. 36, for sub-clause (f).

14. Ins. by Act 40 of 1975, sec. 8 (retrospectively)

15. Ins. by Act 1 of 1989, sec. 13 (w.e.f. 15-3-1989)

16. The words “or a polling agent or a counting agent” omitted by Act 47 of 1966, sec. 53 (w.e.f. 1412-1966).

17. Added by Act 40 of 1975, sec. 8 (retrospectively)

18. Ins. by Act I of 1989, sec. 13 (w.e.f. 15-3-1989)

19. Subs. by Act No. 41 of 2009 w.e.f. 22.12.2009.

20. Ins. by Act No. 41 of 2009 w.e.f. 22.12.2009.

Section 125. Promoting enmity between classes in connection with election

¹[Promoting enmity between classes in connection with election. Any person who in connection with an election underlies Act promotes or attempts to promote on grounds of religion, rice, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

——————–

1. Ins. by Act 40 of 1961, sec. 24 (w.e.f. 20-9-1961)

Section 126. Prohibition of public meetings during period of forty-eight hours ending with hour ending for conclusion of poll

¹[Prohibition of public meetings during period of forty-eight hours ending with hour ending for conclusion of poll. (1) No person shall-

(a) Convene, hold, attend, or address any public meeting or procession in connection with an election; or

(b) Display to the public any election matter by means of cinematograph, television or other similar apparatus-, or

(c) Propagate any election matter to the public by holding or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.

(2) Any, person who contravenes the provision of sub-section (l) shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.

(3) In this section, the expression “election matter” means any matter intended or calculated to influence or affect the result of an election.]

——————–

1. Subs. by Act 21 of 1996, sec. 10 (w.e.f. 1-8-1996).

Section 126 A. Restriction on publication and dissemination of result of exit polls, etc

¹[Restriction on publication and dissemination of result of exit polls, etc. (1) No person shall conduct any exit poll and publish or publicise by means of the print or electronic media or disseminate in any other manner, whatsoever, the result of any exit poll during such period, as may be notified by the Election Commission in this regard.

(2) For the purposes of sub-section (1), the Election Commission shall, by a general order, notify the date and time having due regard to the following, namely—

(a) in case of a general election, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the poll in all the States and Union territories;

(b) in case of a bye-election or a number of bye-elections held together, the period may commence from the beginning of the hours fixed for poll on and from the first day of poll and continue till half an hour after closing of the poll:

Provided that in case of a number of bye-elections held together on different days, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the last poll.

(3) Any person who contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.

Explanation.—For the purposes of this section,—

(a) “exit-poll” means an opinion survey respecting how electors have voted at an election or respecting how all the electors have performed with regard to the identification of a political party or candidate in an election;

(b) “electronic media” includes internet, radio and television including Internet Protocol Television, satellite, terrestrial or cable channels, mobile and such other media either owned by the Government or private person or by both;

(c) “print media” includes any newspaper, magazine or periodical, poster, placard, handbill or any other document;

(d) “dissemination” includes publication in any “print media” or broadcast or display on any electronic media.]

——————–

1. Inserted by Act No. 41 of 2009 w.e.f. 22.12.2009

Section 126 B. Offences by companies

¹[Offences by companies. (1) Where an offence under sub-section (2) of Section 126-A has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purpose of this section,—

(a) “Company” means any body corporate, and includes a firm or other association of individuals; and

(b) “Director”, in relation to a firm, means a partner in the firm.’]

——————–

1. Inserted by Act No. 41 of 2009 w.e.f. 22.12.2009

Section 127. Disturbances at election meetings

(1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing, the transaction of the business for which the meeting was called together, ¹[shall be punishable with imprisonment for a term which may extend to ²[six months or with fine which may extend to two thousand rupees], or with both.]

³[(1A) An offence punishable under subsection (1) shall be cognizable.]

(2) This section applies to any public meeting of a political character held in any constituency between the dates of the issue of a notification under this Act calling upon the constituency to elect a member or members and the date on which such election is held.

(3) If any police officer reasonably suspects any person of committing any offence under sub-section (l), he may requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address and. if that person refuses or fails so to declare his name and address or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

——————–

1. Subs. by Act I of 1989, sec. 14, words (w.e.f. 15-3-1989).

2. Subs. by Act 21 of 1996, sec. 11 (w.e.f. 1-8-1996).

3. Ins. By Act 21 of 1996, sec. 11 (w.e.f. 1-8-1996)

Section 127 A. Restrictions on the printing of pamphlets, posters, etc

¹[Restrictions on the printing of pamphlets, posters, etc. (1) No person shall print or publish or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof

(2) No person shall print or cause to be printed any election pamphlet or poster-

(a) Unless a declaration as to the identity, of the publisher thereof, signed by him, and attested by two persons to whom he is personally known, is delivered by, him to the printer ‘in duplicate; and

(b) Unless, within a reasonable time after the printing of the document, one copy of’ the declaration is sent by, the printer, together with one copy of the document.

(i) Where it is printed in the capital of the State. to the Chief Electoral Officer, and

(ii) In any other case, to the district magistrate of the district in which it is printed.

(3) For the purposes of this section, -

(a) Any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be, printing and the expression “printer” shall be construed accordingly; and

(b) “Election pamphlet or poster” means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates orally placard or poster having reference to all election, but does not include any handbill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.

(4) Any person who contravenes any of the provisions of sub-section (1) or subsection (2) shall be punishable with imprisonment for a term which may extend lo six months, or with fine which may extend to two thousand rupees, or with both.]

——————–

1. Ins. By Act 40 of 1961, sec. 26 (w.e.f. 20-9-1961)

Section 128. Maintenance of secrecy of voting

(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to ally person any information calculated to violate such secrecy.

(2) Any person who contravenes the provisions of subsection (1) shall be punishable with imprisonment for a term, which may extend to three months or with fine or with both.

Section 129. Officers, etc., at elections not to act for candidates or to influence voting

(1) No person who is ¹[a district election officer or a returning officer], or an assistant returning officer, or a presiding or polling officer at all election, or all officer or clerk appointed by the returning officer for the presiding officer to perform any duty in connection with all election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.

(2) No such person as aforesaid, and no member of a police force, shall endeavour-

(a) To persuide any person to give his vote it all election, or

(b) To dissuade any person from giving his vote it all election, or

(c) To influence the voting of any person at all election in any manner.

(3) Any person who contravenes the provisions of subsection (1) or subsection (2) shall be punishable with imprisonment, which may extend to six months or with title or with both.

²[(4) An offence punishable under subsection (3) shall be cognizable.]

——————–

1. Subs. by Act 47 or 1966, sec. 55, for “a returning officer” (w.e.f. 14-12-1966).

2. Ins. by Act 47 of 1966 sec. S5 (w.c.1’. 14-12-1966).

Section 130. Prohibition of canvassing in or near polling stations

(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or it in any public or private place within a distance of ¹[one hundred metres] of the polling station, namely: -

(a) Canvassing for votes; or

(b) Soliciting the vote of any elector; or

(c) Persuading any elector not to vote for any particular candidate; or

(d) Persuading any elector not to vote at the election; or

(e) Exhibiting any notice or sign (other than an official notice) relating to the election.

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine, which may extend to two hundred and fifty rupees.

(3) An offence punishable under this section shall be cognizable.

——————–

1. Subs. by Act 47 of 1966 sec. 56, for “one hundred yards” (w.e.f. 14-12-1966).

Section 131. Penalty for disorderly conduct in or near polling stations

(I) No person shall, on the date or dates on which a poll is taken at any polling station, -

(a) Use or operate within or at the entrance of the polling station, or in any public or private place in the neighborhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or

(b) Shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighborhood thereof,

So as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

(2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of subsection (1) shall be punishable with imprisonment, which may extend to three months or with fine or with both.

(3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such parson, and thereupon the police officer shall arrest him.

(4) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of subsection (1), and may seize any apparatus used for such contravention.

Section 132. Penalty for misconduct at the polling station

(1) Any person who during the hour, fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorized in this behalf by such presiding officer.

(2) The powers conferred by subsection (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term, which may extend to three months, or with fine, or with both.

(4) An offence punishable under sub-section (3) shall be cognizable.

Section 132 A. Penalty for failure to observe procedure for voting

¹[Penalty for failure to observe procedure for voting. If any elector, to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation.]

——————–

1. Ins. by Act 4 of 1996, sec. 2 and Sch. (w.e.f 15-5-1986).

Section 133. Penalty for illegal hiring or procuring of conveyance at elections

¹[Penalty for illegal hiring or procuring of conveyance at elections. If any person is guilty of any such corrupt practice as is specified in clause (5) of section 123 at or in connection with an election, he shall be punishable with imprisonment, which may extend to three months and with fine.]

——————–

1. Subs. by Act 21 of 1996, sec. 12 (w.e.f 1-8-1996).

Section 134. Breaches of official duty in connection with elections

(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine, which may extend to five hundred rupees.

¹[(IA) An offence punishable under sub-section (1) shall be cognizable.]

(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.

(3) The persons to whom this section applies are the ²[***] ³[district election officers, returning officers], assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with ⁴[***] the receipt of nominations of with drawl of candidatures, or the recording or counting of votes at an election- and the expression “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act ²[***].

——————–

1. Ins. by Act 47 of 1966, sec. 58, (w.e.f. 14-12-1966).

2. Certain words omitted by Act 58 of 1958, sec. 37.

3. Subs. by Act 47 of 1966, sec. 58, for “returning officers” (w.e.f. 14-12-1966).

4. The words ‘the preparation of an electoral roll” omitted by Act 59 of 1958, sec. 37.

Section 134 A. Penalty for Government servants for acting as election agent, polling agent or counting agent

¹[Penalty for Government servants for acting as election agent, polling agent or counting agent. If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.]

——————–

1. Ins. by Act 47 of 1966, sec. 59 (w.e.f 14-12-1966).

Section 134 B. Prohibition of going armed to or near polling station

¹[Prohibition of going armed to or near polling station. (1) No person, other than the returning officer the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station., shall, on a polling day, go armed with anus, as defined in the Arms Act, 1959, of any kind within the neighbourhood of a polling station.

(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term, which may extend to two years or with fine, or with both.

(3) Notwithstanding any thing contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such an-ns shall be deemed to have been revoked under section 17 of that Act.

(4) An offence punishable under subsection (2) shall be cognizable.]

——————–

1. Ins. by Act 21 of 1996, sec. 13 (w.e.f. 1-9-1996).

Section 135. Removal of ballot papers from polling station to be an offence

(1) Any person who at any election ¹[unauthorisedly] takes, or attempts to take, a ballot paper out ,of a polling station, or willfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine, which may extend to five hundred rupees or with both.

(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under subsection (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:

Provided that when it is in necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody

(4) All offence punishable under sub-section (1) shall be cognizable.

——————–

1. Subs. by Act 21 of 1996, sec. 14 (w.e.f. 1-8-1996).

Section 135 A. Offence of booth capturing

¹[Offence of booth capturing. ²[(1)] Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which 3[shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.]

Explanation. For the purposes of ³[this sub-section and section 20 B] “booth capturing” includes, among other things all or any of the following activities, namely: -

(a) Seizure of a polling station or a place fixed for the poll is an person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other Act, which affects the orderly, conduct of elections:

(b) Taking possession of a polling station or a place fixed for poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and ²[prevent others from free exercise of their right to vote;

(c) ³[Coercing or intimidating or threatening directly or indirectly,] any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote,

(d) Seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes,

(e) Doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.]

⁴[(2) An offence punishable under subsection (1) shall be cognizable.]

——————–

1. Ins. by Act I of 1989, sec. 15 (w.e.f. 15-3-1989).

2. Section 135A renumbered as sub-section (1) there of by Act 2l of 1996, sec. 15 (w.e.f. 1-8-1996).

3. Subs. by Act 21 of 1996, sec. 15 (w.e.f. 1-8-1996).

4. Ins. by Act 21 of’ 1996, sec. 15 (w.e.f 1-8-1996)

Section 135 B. Grant of paid holiday to employees on the day of poll

¹[Grant of paid holiday to employees on the day of poll. (1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall on the day of poll, be granted a holiday.

(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having, been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day he shall nonetheless be paid for such day the wages be would have drawn had not a holiday been granted to him on that day.

(3) If an employer contravenes the provisions of subsection (1) or sub-section (2), then such employer shall be punishable with fine, which may extend to five hundred rupees.

(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.

——————–

1. Ins. by Act 21 of 1996, sec. 16 (w.e.f 1-8-1 996).

Section 135 C. Liquor not to be sold, given or distributed on polling day

(1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for aii3, election in that polling area.

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term, which may extend to six months or with fine, which may extend to two thousand rupees, or with both.

(3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner is may be prescribed.]

Section 136. Other offences and penalties therefor

(1) A person shall be guilty of an electoral offence if at any election he-

(a) Fraudulently defaces or fraudulently destroys any nomination paper; or

(b) Fraudulently defaces destroys or removes any list, notice or other document affixed by or under the authority of returning officer; or

(c) Fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or

(d) Without due author supplies any ballot paper to any person ¹[or receives any, ballot paper from any person or in possession of any ballot paper] or

(e) Fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or

(f) Without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers than in use for the purposes of the election; or Fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

(2) Any person guilty of an electoral offence under this section shall, -

(a) If he is returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election be punishable with imprisonment for a term, which may extend to two years or with fine or with both;

(b) If he is any other person, be punishable with imprisonment for a term, which may extend to six months or with fine or with both.

(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after ail election for the used ballot papers and other documents in connection with such election but the expression “official duty” shall not include any duty imposed otherwise than by or under this Act ²[* * *]

³[(4) An offence punishable under subsection (2) shall be cognizable.]

——————–

1. Ins. by Act 27 of 1956, sec. 70.

2. Certain words omitted by Act 58 of 1958, sec. 39.

3. Subs. by Act 47 of’ 1966, sec. 60, for subsection (4) (w.e.f 14-12-1966)

Section 137. Prosecution regarding certain offences

Rep. by the Representation of the People (Amendment) Act, 1966(47 of 1966), sec. 61

Section 138. Amendment of Act 5 of 1898

Rep. by the Repealing and Amending Act, 1957 (36 o 1957), sec. 2 and the First,Such.

Section 139-145. Sections

Rep. by the Representation o the People (Amendment) Act, 1966 (47 of 1966), sec.- 62.

Section 146. Powers of Election Commission

¹[Chapter IV.Powers of Election Commission in connection with Inquiries as to Disqualifications of member

——————–

1. Ins. by Act 17 of 1965, sec.2.

146. Powers of Election Commission.

(1) Where in connection with the tendering of any opinion to the President under article 103 or, as the case may be, under subsection (4) of section 14 of the Government of Union Territories Act, 1963 (20 of 1963), or to the Governor under article 192, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord. it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure. 1909 (5 of 1908), in respect of the following matters, namely: -

(a) Summoning and enforcing the attendance of any person and examining him on oath;

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

(c) Receiving evidence on affidavits;

(d) Requisitioning, any public record or a copy thereof from any Court or officer

(e) Issuing commissions for the examination of witnesses or documents.

(2) The Commission shall also have the power to require any person, subject to any privilege which may be claimed be that person under any law for the time being in force., to furnish information on such points or matters as in the opinion of the Commission may be useful for or relevant to, the subject-matter of the inquiry.

(3) The Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 190 or section 229 of the Indian Penal Code (45 of 1860) is committed in the view or presence of the Commission, the Commission may after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1899 (5 of 1998) 1[to forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom an), such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure, 1999 (5 of 1898)¹.

(4) Any proceeding before the Commission shall be deemed a Judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860).

——————–

1. See now the corresponding provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1974).

Section 146 A. Statements made by person to the Election Commission

No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a Prosecution for giving false evidence by such statement:

Provided that the statement-

(a) Is made in reply to a question which he is required by the Commission to answer, or

(b) Is relevant to the subject matter of the inquiry.

Section 146 B. Procedure to be allowed by the Election Commission

The Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private.)

Section 146 C. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against, the Commission or any person acting under the direction of the Commission in respect of, anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Chapter or of any order made there under respect of the tendering of any opinion by the Commission to the President or, as the case may be, to the Governor or in respect of the publication, by or under the authority of the Commission of any such opinion paper or proceedings.

Section 147. Casual vacancies in the Council or States

¹[(1)] When before the expiration of the term of office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his election to the Council of States is declared void, the Election Commission shall by in notification in the Gazette of India call upon the elected members of the Legislative Assembly or the members of the electoral college concerned ²[* * *], as the case may be, to elect a person or the purpose of filling the vacancy so caused before Such date is may be specified in the notification and provisions of this Act and of the rules and orders made herein under shall apply, is far as may be, in mention to the election of a member to fill such vacancy.

³[(2) As soon as may be after the date of commencement of Constitution (seventh Amendment) Act, 1956, bye-election shall be field to fill the vacancies existing on trial date in the seats allotted to the States of’ Assam, Orissa and Uttar Pradesh and the Union territories of Delhi, Himachal Pradesh* and Manipur^*.]

——————–

1. Section 147 renumbered as sub-section (1) of that section by the adaptation of laws (No. 2) Order, 1956.

2. Certain words omitted by Act 49 of 1951, sec. 44 and the Fifth Sch.

3. Ins. by the Adaptation of laws (No. 2) Order, 1956.

* Now it has become State.

Section 148. Casual vacancies in the electoral colleges for certain Union territories

Rep. by the Territorial Council Act, 1950 (103 of 1956), sec. 66

Section 149. Casual vacancies in the House of the people

(1) When the seat of a member elected to the House of the People becomes vacant or is declared vacant or his election to the House of the People is declared void, the Election Commission shall, subject to the provisions of sub-section (2) by a notification in the Gazette of India, call upon the Parliamentary constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notifications and the provisions of this Act and of the rules and orders made thereunder shall apply, as for as may be, in rotation to the election of a member to fill such vacancy.

(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the Scheduled Castes or for any Scheduled Tribes, the notification issued under subsection (1) shall specify that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the case may be.

Section 150. Casual vacancies in the State Legislative Assemblies

(1) Which the scat of a member elected to the Legislative Assembly of a State becomes vacant or is declared vacant or his election to the Legislative Assembly is declared told, the Election Commission shall, subject to the provisions of sub-section (2). by a notification in the Official Gazette, call upon the Assembly constituency concerned to elect a person for the purpose of filling the vacant,” so caused before such date as may be specified in the

(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the Scheduled Caste or for any Scheduled Tribes the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes as the case not may be. Scheduled Tribes, as the case may be

Section 151. Casual vacancies in the State Legislative Councils

When before the expiration of the term of office of a member elected to the Legislative Council of a State, his scat becomes vacant or is declared vacant or his election to the Legislative Council is declared void, the Election Commission shall- by a notification in the Official Gazette, Call upon the Council constituency concerned or the members of the Legislative Assembly of the State, as the case may be, to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the miles and orders made there under shall apply as far as may be, in relation to the election of a member to fill such vacancy.

Section 151 A. Time limit for filling vacancies referred to in sections 147, 149, 150 and 151

¹[Time limit for filling vacancies referred to in sections 147, 149, 150 and 151. Notwithstanding anything contained in section 147, section 149, section 150 and section 151 a bye-election for filling any vacancy referred to in any of’ the said sections shall be held within a period of six months from the date of the occurrence of the vacancy:

Provided that nothing contained in this section shall apply if-

(a) The remainder of the term of a member in relation to a vacancy is less than one year, or

(b) The Election Commission in consultation with the Central Government certifies that it is difficult to hold the bye-election within the said period.]

——————–

1. Ins. By Act 21 of 1996, sec. 17 (w.e.f. 1-8-1996)

Section 152. List of members of the State Legislative Assemblies and electoral colleges to be maintained by returning officers concerned

(1) The returning officer for an election by the elected members of the Legislative Assembly of a State to fill a seats in the Council of States or for an election, by the members of the Legislative Assembly of a State to Fill a seat or seats in the Legislative Council of the shall, for the purposes of such election maintain is his office in the prescribed manner and form a list of elected members or a list of members, as the case may be of that Legislative Assembly.

(2) The returning officer for an election b- the members of the electoral college for a ¹[Union territory] ²[* * ] to fill a seat or seats in the Council of States shall for the purposes of such selection, maintain in his office in the prescribed manner and form a list of members of that electoral college ³[ * * *]

(3) Copies of the lists referred to in sub-section (1) and (2) shall be made available for sale.

——————–

1. Subs. by the Adaptation of Laws (N0. 2) Order 1956, for “Part C State”..

2. The words or group of such States omitted by Act 27 of 1956, sec. 77.

3. Certain words omitted by Act 49 of 1951, sec 44 and the Fifth Sch.

Section 153. Extension of time for completion of election

¹[Extension of time for completion of election. It shall be competent for the Election Commission for reasons which it consider, sufficient, to extend the time for the completion of any election by making necessary amendments in the notification issued by it under section 30 or subsection (1) of section 39.]

——————–

1. Subs. by Act 27 of 1956, sec. 78 for section 153.

Section 154. Term of office of members of the Council of States

¹[(1) Subject to the Provisions of subsections (2) and (2A), the term of office of a member of Council of States, other that member chosen to fill a casual vacancy, shall be six years.]

(2) ²[* * *] Upon the first constitution of the Council of states the President shall, after constitution with the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, one-third of the members holding seats of each class shall retire in every second year thereafter.

³[(2A) In order that, as nearly as may be, one-third of the members may retire on the second day of April, 1958, and on the expiration of every second year thereafter , the President shall, as soon as may be after the commencement of the Constitution (seventh Amendment) Act, 1956 after consultation with the Election Commission make by order such provisions as he thinks fit in regard to the terms of office of the members elected under sub-section (2) of section 147.]

(3) A members chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor’s term of office.

——————–

1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for sub-section (1).

2. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956.

3. Ins. by the Adaptation of’ Laws (No. 2) Order, 1956

Section 155. Commencement or the term of office or members of the Council of States

(1) The term of the a member of the Council of’ States whose name is required to be notified iii the Official Gazette under section 71 shall begin on the date of such notification.

(2) The term of office of a member of the Council of States whose finite is not required to be notified under section 71 shall begin on the date of publication of the Official Gazette of the declaration containing the name of such Person is elected under section 67 or of the notification issued tender sub-Clause (i) of clause (1) of article 80 or under any other provision announcing the nomination of such person to the Council of ‘States, is the case may be.

Section 156. Term of office or members or state Legislative Councils

(1) The term of office of a member of the Legislative Council of a State, other than a member chosen to fill a casual vacancy, shall be six years, but upon the first constitution of the Council the Governor ¹[***] shall, after consultation with the Election Commission make by order such provision as he thinks lit for curtaining the term of office of some of the members then chosen in order that, as nearly as may be, one-third of the members holding seats of each class shall retire in every second year thereafter..

(2) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor’s term of office.

——————–

1. The words “or the Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No. 2) Order, 1056.

Section 157. Commencement of the term of office of members of the Legislative Councils

(1) The term of office of a member of the Legislative Council of a State whose name is required to notified in the Official Gazette under ¹[section 74] shall begin on the date of such notification.

(2) The term of office of a member of the Legislative Council of a State whose name is not required to be notified under ¹[section 74] shall begin on the date of publication in the official Gazette of the declaration containing the name of such person as elected under section 67 or of the notification issued under sub-clause (e) of clause (3) of article 171, announcing the nomination of such person to the Council, as the case may be.

——————–

1. Subs. by Act 27 of 1956, sec, 70, for “section 75”.

Section 158. Return or forfeiture or candidate’s deposit

¹[Return or forfeiture or candidate’s deposit. (1) The deposit made under section 34 or under that section read with subsection (2) of section 39 shall either be returned to the person talking it or his legal representative or be forfeited to the appropriate authority in accordance’s with the provisions of this section.

(2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared.

(3) If the candidate is not shown in the list of contesting candidates, or if lie dies before the Commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or a their his death, is the case may be.

(4) Subject to the provisions of subsection (3), the deposit shall be forfeited if at all election where a poll has in taken, the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the total number of valid votes polled by all the candidates or in the case of election of more than one member at the election, one-sixth of the total number of valid votes so polled divided by the members of members to be elected:

Provided that where at in election held in accordance with the system of proportional representation by means of the single transferable vote, a candidate is not elected, the deposit made by him shall be forfeited if he does not get more than one-sixth of the number of votes prescribed in this behalf as sufficient to secure the return of a candidate.

(5) Notwithstanding anything in subsection (2), (3) and (4), -

(a) If at a general election, the candidate is a contesting candidate in more than one Parliamentary constituency or in more their one assembly constituency, not more than one of the deposits shall be returned, and the other shall be forfeited.

(b) If the candidate is a contesting candidate at all election in more than one council constituency or it all election in a Council constituency and at an election by the members of the State Legislative Assembly to fill seats in file Legislative Council, not more than one of the deposits shall be returned, and the others shall be forfeited.]

——————–

1. Subs. by Act 58 of 1958, sec. 39, for section 158.

Section 159. Staff of certain authorities to be made available for election work

¹[Staff of certain authorities to be made available for election work. (1) The authorities specified in subsection (2) shall, when so requested by a Regional Commissioner appointed under clause (4) of article 324 or the Chief Electoral Officer of the State, make available to any returning officer Such staff as may be necessary for the performance of any duties in connection with air election.

(2) The following shall be the authorities for the purposes of sub-section (1), namely:

(i) Every local authority;

(ii) Every university established or incorporated by or under a Central, Provincial or State Act;

(iii) A Government company as defined in section 617 of the Companies Act, 1956 (I of 1956);

(iv) Any other institution, concern or undertakings which is established by or under a Central, Provincial or State Act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by the Central Government or a State Government.]

——————–

l. Subs. by Act 12 of 1998, sec. 2 (w.e.f. 23-12-1997).

Section 160. Requisitioning of Premises, vehicles, etc., for election purposes

(1) If it appears to the State Government that in connection with an election held within the State–

(a) Any premises are needed or are likely to be needed for the purpose of being used as a poling station or for the storage of ballot boxes after a poll has been taken, or

(b) Any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during in the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election,

The Government may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning:

Provided that no vehicle, vessel of animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this subsection until the completion of the poll at Such election.

(2) The requisition shall be effected by an order in writing addressed to the person deemed by the State Government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed.

(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.

(4) In the section–

(a) “Premises” means any land, building, or part of a building and includes a hut, shed or other structure or any part thereof-,

(b) “Vehicle” means any vehicle used or capable of being used for the ‘purpose of road transport, whether propelled by mechanical power of otherwise.

Section 161. Payment of compensation

(1) Whenever in pursuance of section 160 the State Government requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely: -

(i) The rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;

(ii) If in consequence of the requisition of the premises the person interested is compelled to chance his residence or place of business, the reasonable expenses (if any) incidental to such change:

Provided that where any person interested being a aggrieved by the amount of compensation so determined makes all application within the prescribed time to the State Government for refer in a the matter to all arbitrator, the amount of compensation to be paid shall be Such as the arbitrator appointed in this behalf by the State Government may determine:

Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, the State Government to shall refer it all arbitrators appointed in this behalf by the Government for determination and shall be determined in accordance with the decision of such arbitrator.

Explanation.In this subsection, the expression “person interested” means the person who was in actual possession of the premises requisitioned under section 160 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.

(2) Whenever in Pursuance of section 160 the State Government requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the State Government on the basis of fares or rates prevailing in the locality for the hire Of Such vehicle, vessel or animal:

Provided that where the owner Of Such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application wit in the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine:

Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of the purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as all arbitrator appointed by the State Government in this behalf may decide.

Section 162. Power to obtain information

The State Government may with a view to requisition , any property under section 160 or determined the compensation payable under section 161, by order, require any person to furnish to Such authority as relay he specified in the order such information in his possession relating to Such property as may be so specified.

Section 163. Powers of entry into and inspection of premises, etc

(1) Any person authorized in this behalf by the State Government may enter into any premises and inspect such premises and any vehicle, vessel or airline therein for the Purpose of determining) whether, and if so in what manner, all order under section 160 Should be made in relation to Such premises, vehicle, vessel or annual, or with a view to securing,, compliance with any order made under, that section.

(2) In this section the expressions “premises” and “vehicle” have the same meanings as in section 160.

Section 164. Eviction from requisitioned premises

(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 160 may be summarily evicted from file premises by any officer empowered by the State Government in this behalf.

(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or opera ally lock or bolt, break open any door of any building, or do any other act necessary for effecting such eviction.

Section 165. Release or premises from requisition

(1) When any premises requisitioned under section 160 are to be released from requisitioning the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person declared by the State Government to be the owner of such premises, and such delivery of possession shall he a full discharge of the State Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is do delivered.

(2) Where the person to whom possession of any premises requisitioned under section 160 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the State Government shall cause a notice declaring that such premises are released 1roin requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazetted.

(3) When a notice referred to in subsection (2) is published in the Official Gazette, the premises specified in Such notice shall cease to be subject to requisition on and from the date of such publication and be declared to have been delivered to the person entitled to possession thereof, and the State Government shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

Section 166. Delegation or Functions of the State Government with regard to requisitioning

The State Government may, by notification in the Official Gazette, direct that any powers conferred or any duty imposed on that Government by any of the provisions of sections 160 to 165 shall, under such conditions, if any, as may he specified in the direction, be exercised or discharged by such officer or class of officers, as may be so specified.

Section 167. Penalty for contravention or any order regarding requisitioning

If any person contravenes any order made under section 160 or section 162, lie shall be punishable with imprisonment for a term, which may extend to one year or with fine or with both.

Section 168. Special provisions with respect to Rulers or former Indian States

Rep. by the Rulers of Indian States (Abolition of Privileges) Act, 1972 (.54 of 1972), sec. 4 (w.e.f 9-9-1972).

Section 169. Power to make rules

(1) The Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules¹ for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely–

(a) The duties of presiding officers and polling officer at polling stations;

(b) The checking of voters by reference to the electoral roll;

(c) The manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability;

(d) The manner in which votes are to he given by in presiding officer, polling officer, polling agent or any other person, who being an elector for a constituency is authorised or appointed for duty it polling station at which he is not entitled to vote;

(e) The procedure to be followed in respect of the tender of vote by a person representing himself to be in elector after another person has voted is such elector;

²[(ee) The manner of giving and recording of votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines ire used;]

(f) The procedure as to voting to be followed at elections held in accordance with the system of proportional representation by means of the single transferable vote;

(g) The scrutiny and counting of votes including cases in which a recount of the votes may be made before the declaration of the result of the election;

²[(gg) The procedure is to counting of votes recorded by means of voting machines;]

(h) The safe custody of ³[ballot boxes, voting machines], ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers;

(i) Any other matter required to be prescribed by this Act.

⁴[(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or ⁵[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made], the rule shall thereafter have effect only in such modified form or be of in effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to validity of anything previously done under the rule.]

——————–

1. See, the Conduct of’ Infections Rules, 1961

2. Ins. by Act I of 1999, sec. 16 (w.e.f. 15-3-1089).

3. Subs. by Act I of 1989, sec. 16, for “ballot boxes” (w.e.f. 15-3-1989).

4. Subs. by Act 40 of 1961, sec. 29, for subsection (3) (w.e.f. 20-9-196l), which was ins. by Act 27 of 1956, sec. 82,

5. Subs. by Act 4 of 1986, sec. 2 and Sch. (w.e.f. 15-5-1986).

Section 170. Jurisdiction of civil courts barred

No civil court shall have jurisdiction to question the legality of any action taken or of any decision given by the returning officer or by any other person appointed under this Act in connection with an election.

Section 171. Repeal of Act 39 of 1920

Rep. by the repealing and Amending Act, 1957 (36 of 1957) sec. 2 and Sch. II

Right To Education Act

November 30, 2014

Chapter 1: Prelimnary

No. 35 of 2009

[26th August, 2009]

An Act to provide for free and compulsory education to all children of the age of six to fourteen years.

Be it enactment by Parliament in the Sixtieth Year of the Republic of India as follows:–

Section 1. Short Title Extent and commencement

(1) This Act may be called the Right of Children to Free and Compulsory Education Act, 2009.

(2) It shall extend to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as he Central Government may, by notification in the Official Gazette, appoint.

Section 2. Definitions

In this Act, unless the context otherwise requires,–

(a)”appropriate Government” means—

(i) in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory, having no legislature, the Central Government;

(ii) in relation to a school, other than the school referred to in sub-clause (i), established within the territory of —-

(A) a State, the State Government;

(B) a Union territory having legislature, the Government of that Union territory;

(b)”capitation fee” means any kind of donation or contribution or payment other than the fee notified by the school;

(c)”child” means a male or female child of the age of six to fourteen years;

(d)”child belonging to disadvantaged group” means a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification;

(e)”child belonging to weaker section” means a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification;

(f)”elementary education” means the education from first class to eighth class:

(g)”guardian”, in relation to a child, means a person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a court or a statute;

(h)”local authority” means a Municipal Corporation or Municipal Council or Zila Parishad or Nagar Panchyat or Panchyat, by whatever name called, and includes such other authority or body having administrative control over the school or empowered or under any law for the being in force to function as a local authority in any city, town or village:

(i)”National Commission for Protection of Child Rights” means the National Commission for Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005; (4 of 2006)

(j)”notification” menas a notification published in the Official Gazette;

(k)”parent” means either the natural or step or adoptive father or mother of a child;

(l)”Schedule” means any recognised school imparting elementary education and includes—

(i) a school established, owned or controlled by the appropriate Government or a local authority;

(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;

(iii) a scholl belonging to specified category; and

(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;

(o)”screening procedure” means the method of selection for admission of a child, in preference over another, other than a random method;

(p)”specified category”, in relation to a school, means a school known as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School or any other school having a distinct character which may be specified, by notification, by the appropriate Government;

(g)”State Commission for Protection of Child Rights” means the State Commissions for Protection of Child Rights Act. 2005 (4 of 2006)

Chapter II – Right To Free And Compulsory Education

Section 3. Right of child to free and compulsory education

(1) Every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighborhood school till completion of elementary education.

(2) For the purpose of sub-section (1), no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the elementary education:

Provided that a child suffering from disability, as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection and Full Participation) Act, 1996 shall have the right to pursure free and compulsory elementary education in accordance with the provisions of Chapter V of the said Act. (1 of 1996)

Section 4. Special provisions for children not admitted to, or who have not completed elementary education

Where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age;

Provided that where a child is directly admitted in a class appropriated to his or her age, then, he or she shall, in order to be at par with others, have a right to receive special training, in such manner, and within such time-limits, as may be prescribed:

Provided further that a child so admitted to elementary education shall be entitled to free education till completion of elementary education even after fourteen years.

Section 5. Right of transfer to other school

(1) Where in a school, there is no provision for completion of elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education.

(2) Where a child is required to move from one school to another, either within a State or outside, for any reason whatsoever, such child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education.

(3) For seeking admission in such other school, he Head-teacher or in-charge of the school where such child was last admitted, shall immediately issue the transfer certificate.

Provided that delay in producing transfer certificate shall not be a ground for either delaying or denying admission in such other school:

Provided further that the Head – teacher or in-charge of the school delaying issuance of transfer certificate shall be liable for disciplinary action under the service rules applicable to him or her.

Chapter III –  Duties of Appropriate Government, Local Authority And Parents

Section 6. Duty of appropriate Government and local authority to establish school

For carrying out the provisions of this Act, the appropriate Government and the local authority shall establish, within such area is limits of neighborhood, as may be prescribed, a school, where it is not so established, within a period of three years from the commencement of this Act.

Section 7. Sharing of financial and other responsibilites

(1) The Central Government and the State Governments shall have concurrent responsibility for providing funds for carrying out the provisions of this Act.

(2) The Central Government shall prepare the estimates of capital and recurring expenditure for the implementation of the provisions of the Act.

(3) The Central Government shall provide to the State Government, as grants-in-aid of revenues, such percentage of expenditure referred to in sub-section (2) as it may determine, from time to time, in consultation with the State Government.

(4) The Central Government may make a request to the President to make a reference to the Finance Commission under sub-clause (d) of clause (3) of article 280 to examine the need for additional resources to the provided to any State Government so that the said State Government may provide its share of funds for carrying out the provisions of the Act.

(5) Notwithstanding anything contained in sub-section (4), the State Government shall, taking into consideration the sums provided by the Central Government to State Government under sub-section (3), and its other resources, be responsible to provide funds for implementation of the provisions of the Act,.

(6) The Central Government shall —

(a) develop a framework of national curriculum with the help of academic authority specified under section 29;

(b) develop and enforce standards for training of teachers;

(c) provide technical support and resources to the State Government for promoting innovations, researches, planning and capacity building.

Section 8. Duties of appropriate Government

The appropriate Government shall—

(a) provide free and compulsory elementary education to every child:

Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school.

Explanation – The term “compulsory education” means obligation of the appropriate Government to—

(i) provide free elementary education to every child of the age of six to fourteen years; and

(ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years;

(b) ensure availbility of a neighborhood school as specified in section 6;

(c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds;

(d) provide infrastructure including school building, teaching staff and learning equipment;

(e) provide special training facility specified in section 4;

(f) ensure and monitor admission, attendance and completion of elementary education by every child;

(g) ensure good quality elementary education conforming to the standards and norms specified in the Schedule;

(h) ensure timely prescribing of curriculum and courses of study for elementary education; and

(i) provide training facility for teachers.

Section 9. Duties of local authority

Every local authority shall—

(a) provide free and compulsory elementary education to every child:

Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school;

(b) ensure availability of a neighborhood school as specified in section 6;

(c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds;

(d) maintain records of children up to the age of fourteen years residing within its jurisdiction, in such manner as may be prescribed;

(e) ensure and monitor admission, attendance and completion of elementary education by every child residing within its jurisdiction;

(f) provided infrastructure including school building, teaching staff and learning material;

(g) provide special training facility specified in section 4;

(h) ensure good quality elementary education conforming to the standards and norms specified in the Schedule;

(i) ensure timely prescribing of curriculum and courses of study for elementary education;

(j) provide training facility for teachers;

(k) ensure admission of children of migrant families;

(l) monitor functioning of schools within its jurisdiction; and

(m) decide the academic calendar.

Section 10. Duty of parents and guardian

It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school.

Section 11. Appropriate Government to provide for pre-school education

With a view to prepare children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate Government may make necessary arrangement for providing free pre-school education for such children.

Chapter  IV – Responsibilities Of Schools And Teachers

Section 12. Extent of school’s responsibility for free and compulsory education

(1) For the purposes of this Act, a school,–

(a) specified in sub-clause (i) of clause (n) of section 2 shall provide free and compulsory elementary education to all children admitted therein;

(b) specified in sub-clause (ii) of clause (n) of section 2 shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants to received bears to its annual recurring expenses, subject to a minimum of twenty-five per cent;

(c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent, of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion:

Provided further that where a school specified in clause (n) of section 2 imparts pre-school education, the provisions of clauses (a) to (c) shall apply for admission to such pre-school education.

(2) The school specified in sub-clause (iv) of clause (n) of section 2 providing free and compulsory elementary education as specified in clause (c) of sub – section (i) shall be reimbursed expenditure so incurred by it to the extention of per-child-expenditure incurred by the State, or the actual amount charged from the child, whichever is less, in such manner as may be prescribed:

Provided that such reimbursement shall not exceed pre-child-expenditure incurred by a school specified in sub-clause (i) of clause (n) of section 2:

Provided further that where such school is already under obligation to provide free education to a specified number of children on account of it having received any land, building, equipment or other facilities, either free of cost or at a concessional rate such school shall not be entitled for reimbursement to the extent of such obligation.

(3) Every school shall provide such information as may be required by the appropriate Government or the local authority, as the case may be.

Section 13. No capitation fee and screening procedure for admission

(1) No school or person shall, while admitting a child, collect any capitation fee and subject the child or his or her parents or guardian to any screening procedure.

(2) Any school or person, if in contravention of the provisions of sub-section (1),–

(a) receives capitation fee, shall be punishable with fine which may extend to ten times the capitation fee charged;

(b) subjects a child to screening procedure, shall be punishable with fine which may extend to twenty-five thousand rupees for the first contravention and fifty thousand rupees for each subsequent contraventions.

Section 14. Proof of age for admission

(1) For the purposes of administration to elementary education, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the Births, Deaths and Marriages Registration Act, 1886 or on the basis of such other document, as may be prescribed.

(2) No child shall be denied admission in a school for lack of age proof.

15. No denial of admission

A child shall be admitted in a school at the commencement of the academic year or within such extended period as may be prescribed:

Provided that no child shall be denied admission if such admission is sought subsequent to the extended period:

Provided further that any child admitted after the extended period shall complete his studies in such manner as may be prescribed by the appropriate Government.

Section 16. Prohibition of holding back and expulsion

No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education

Section 17. Prohibition of physical punishment and mental harassment to child

(1) No child shall be subjected to physical punishment or mental harassment.

(2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person

Section 18. No School to be established without obtaining certificate of recognition

(1) No school, other than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of this Act, be established or function, without obtaining a certificate of recognition from such authority, by making an application in such form and manner, as may be prescribed.

(2) The authority prescribed under sub – section (1) shall issue the certificate of recognition in such form, within such period, in such manner, and subject to such conditions, as may be prescribed:

Provided that no such recognition shall be granted to a school unless it fulfils norms and standards specified under section 19.

(3) On the contravention of the conditions of recognition, the prescribed authority shall, by an order in writing, withdraw recognition:

Provided that such order shall contain a direction as to which of the neighborhood school, the children studying in the derecognised school, shall be admitted:

Provided further that no recognition shall be so withdrawn without giving an opportunity of being heard to such school, in such manner, as may be prescribed.

(4) With effect from the date of withdrawal of the recognition under sub-section (3), no such school shall continue to function.

(5) Any person who established or runs a school without obtaining certificate of recognition, or continues to run a school after withdrawal of recognition, shall be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues.

Section 19. Norms standards school

(1) No school shall be established, or recognised, under section 18, unless it fulfils the norms and standards specified in the Schedule.

(2) Where a school established before the commencement of this Act does not fulfil the norms and standards specified in the Schedule, it shall take steps to fulfil such norms and standards at its own expenses, within a period of three years from the date of such commencement.

(3) Where a school fails to fulfil the norms and standards within the period specified under sub-section (2), the authority prescribed under sub-section (1) of section 18 shall withdraw recognition granted to such school in the manner specified under sub-section (3) thereof.

(4) With effect from the date of withdrawal of recognition under sub-section (3), no school shall continue to function.

(5) Any person who continues to run a school after the recognition is withdrawn, shall be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues.

Section 20. Power to amend Schedule

The Central Government may, by notification, amend the Schedule by adding to, or omitting therefrom, any norms and standards.

Section 21. School Management Committee

(1) A schoo, other than a school specified in sub-clause (iv) of clause (n) of section 2, shall consitute a School Management Committee consisting of the elected representatives of the local authority, parents or guardians of children admitted in such school and teachers:

Provided that atleast three – fourth of members of such Committee shall be parents or guardians:

Provided further that proportionate representation shall be given to the parents or guardians of children belonging to disadvantaged group and weaker section:

Provided also that fifty per cent. of Members of such Committee shall be women.

(2) The School Management Committee shall perform the following functions, namely:–

(a) monitor the working of the school;

(b) prepare and recommend school development plan;

(c) monitor such other functions as may be prescribed.

Section 22. School Development Plan

(1) Every School Management Committee, constituted under sub-section (1) of section 21, shall prepare a School Development Plan, in such manner as may be prescribed.

(2) The School Development Plan so prepared under sub-section (1) shall be the basis for the plans and grants to be made by the appropriate Government or local authority, as the case may be.

Section 23. Qualifications for appointment and terms and conditions of service of teachers

(1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher.

(2) Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification:

Provided that a teacher who, at the commencement of this Act, does not possess minimum qualification as laid down under sub-section (1), shall acquire such minimum qualifications within a period of five years.

(3) The salary and allowances payable, to, and the terms and conditions of service of, teachers shall be such as may be prescribed.

Section 24. Duties of teachers and redressal of grievances

(1) A teacher appointed under sub-section (1) of section 23 shall perform the following duties, namely:–

(a) maintain regularity and punctuality in attending school;

(b) conduct and complete the curriculum in accordance with the provisions of sub-section (2) of section 29;

(c) complete entire curriculum within the specified time;

(d) assess the learning ability of each child and accordingly supplement additional instructions, if any, as required;

(e) hold regular meetings with parents and guardians and apprise them about the regularity in attendance, ability to learn, progress made in learning and any other relevant information about the child; and

(f) perform such other duties as may be prescribed.

(2) A teacher committing default in performance of duties specified in sub-section (1) , shall be liable to disciplinary action under the service rules applicable to him or her;

Provided that before – taking such disciplinary action, reasonable, opportunity of being heard shall be afforded to such teacher.

(3) The greivances, if any, of the teacher shall be redressed in such manner as may be prescribed.

Section 25. Pupil-Teacher Ration

(1) Within six months from the date of commencement of this Act, the appropriate Government and the local authority shall ensure that the Pupil-Teacher Ratio, as specified in this Schedule, is maintained in each school.

(2) For the purpose of maintaining the Pupil-Teacher Ration under sub-section (1), no teacher posted in a school shall be made to serve in any other school or office or deployed for any non-educational purpose, other than those specified in section 27.

Section 26. Filling up vacancies of teachers

The appointing authority, in relation to a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or by a local authority, shall ensure that vacancy of teacher in a school under its control shall not exceed ten per cent, of the total sanctioned strength.

Section 27. Prohibition of deployment of teacher for non-educational purposes

No teacher shall be deployed for any non-educational purposes other than the decennial population cencus, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament, as the case may be.

28. Prohibition of private tution by teacher

No teacher shall engage himself or herself in private tution or private teaching activity.

Chapter V – Curriculum And Completion Of Elementary Education

Section 29. Curriculum and evaluation procedure

(1) The curriculum and the evaluation procedure for elementary education shall be laid down by an academic authority to be specified by the appropriate Government, by notification.

(2) The academic authority, while lying down the curriculum and the evaluation procedure under sub-section (1), shall take into consideration the following, namely:–

(a) conformity with the values enshrined in the Constitution;

(b) all round development of the child;

(c) building up child’s knowledge, potentiality and talent;

(d) development of physical and mental abilities to the fullest extent;

(e) learning through activities, discovery and exploration in a child friendly and child-centered manner;

(f) medium of instructions shall, as far as practicable, be in child’s mother tongue;

(g) making the child free of fear, trauma and anxiety and helping the child to express views freely;

(h) comprehensive and continuous evaluation of child’s understanding of knowledge and his or her ability to apply the same

Section 30. Examination and completion certificate

(1) No child shall be required to pass any Board examination till completion of elementary education.

(2) Every child completing his elementary education shall be awarded a certificate, in such form and in such manner, as may be prescribed.

Chapter VI – Protection of Right of Children

Section 31. Monitoring of child’s right to education

(1) The National Commission for Protection of Child Rights constituted under section 3, or as the case may be, the State Commission for Protection of Child Rights constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005, shall, in addition to the functions assigned to them under that Act, also perform the following functions, namely:–

(a) examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation;

(b) inquire into complaints relating to child’s right to free and compulsory education: and

(c) take necessary steps as provided under sections 15 and 24 of the said Commissions for Protection of Child Rights Act.

(2) The said Commissions shall, while inquiring into any matters relating to child’s right to free and compulsory education under clause (c) of sub-section (1), have the same powers as assigned to them respectively under sections 14 and 24 of the said Commissions for Protection of Child Rights Act.

(3) Where the State Commission for Protection of Child Rights has not been constituted in a State, the appropriate Government may, for the purpose of performing the functions specified in clauses (a) to (c) of sub-section (1), constitute such authority, in such manner and subject to such terms and conditions, as may be prescribed.

Section 32. Redressal of grievances

(1) Notwithstanding anything contained in section 31, any person having any grievance relating to the right of a child under this act may make a written complaint to the local authority having jurisdiction.

(2) After receiving the complaint under sub-section (1), the local authority shall decided the matter within a period of three months after affording a reasonable opportunity of being heard to the parties concerned.

(3) Any person aggrieved by the decision of the local authority may prefer an appeal to the State Commission for Protection of Child Rights or the authority prescribed under sub-section (3) of section 31, as the case may be.

(4) The appeal preferred under sub-section (3) shall be decided by State Commission for Protection of Child Rights or the authority prescribed under sub-section (3) of section 31, as the case may be, as provided under clause (c) of sub-section (1) of section 31.

Section 33. Constitution of National Advisory Council

(1) The Central Government shall constitute, by notification, a National Advisory Council, consisting of such number of Members, not exceeding fifteen, as the Central Government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development.

(2) The functions of the National Advisory Council shall be to advice the Central Government on implementation of the provisions of the Act in an effective manner.

(3) The allowances and other terms and conditions of the appointment of Members of the National Advisory Council shall be such as may be prescribed.

Section 34. Constitution of State Advisory Council

(1) The State Government shall constitute, by notification, a State Advisory Council consisting of such number of Members, not exceeding fifteen, as the State Government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development.

(2) The functions of the State Advisory council shall be to advise the State Government on implementation of the provisions of the Act in an effective manner.

(3) The allowances and other terms and conditions of appointment of Members of the State Advisory Council shall be such as may be prescribed.

Chapter VII – Miscellaneous

Section 35. Power to issue directions

(1) The Central Government may issue such guidelines to the appropriate Government or, as the case may be, the local authority, as it deems fit for the purposes of implementation of the provisions of this Act.

(2) The appropriate Government may issue guidelines and give such directions, as it deems fit, to the local authority or the School Management Committee regarding implementation of the provisions of this Act.

(3) The Local authority may issue guidelines and give such directions, as it deems fit, to the School Management Committee regarding implementation of the provisions of this Act.

Section 36. Previous sanction for presecution

No persecution for offence punishable under sub-section (2) of section 13, sub-section (5) of section 18 and sub-section (5) of section 19 shall be instituted except with the previous sanction of an officer authorised in this behalf, by the appropriate Government, by notification.

Section 37. Protection of action taken in good faith

No suit or other legal proceeding shall lie against the Central Government, the State Government, the National Commission for Protection of Child Rights, the State Commission for Protection of Child Rights, the local authority, the School Management Committee or any person, in respect of anything which is in good faith done or intended to be done, in pursuance of this Act, or any rules or order made there under.

Section 38. Power of appropriate Government to make rules

(1) The appropriate Government may, by notification, make rules, for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:–

(a) the manner of giving special training and the time-limit thereof, under first proviso to section 4;

(b) the area or limits for establishment of a neighborhood school, under section 6;

(c) the manner of maintenance of records of children up to the age of fourteen years, under clause (d) of section 9;

(d) the manner and extent of reimbursement of expenditure, under sub-section (2) of section 12;

(e) any other document for determining the age of child under sub-section (1) of section 14;

(f) the extended period for admission and the manner of completing study of admitted after the extended period, under section 15;

(g) the authority, the form and manner of making application for certificate of recognition, under sub-section (1) of section 18;

(h) the form, the period, the manner and the conditions for issuing certificate of recognition, under sub-section (2) of section 18;

(i) the manner of giving opportunity of hearing under second proviso to sub-section (3) of section 18;

(j) the other functions to be performed by School Management Committee under clause (d) of sub-section (2) of section 21;

(k) the manner of preparing School Development Plan under sub-section (1) of section 22;

(l) the salary and allowances payable to, and the terms and conditions of service of, teacher, under sub-section (3) of section 23;

(m) the duties to be performed by the teacher under clause (f) of sub-section (1) of section 24;

(n) the manner of redressing grievances of teachers under sub-section (3) of section 24;

(o) the form and manner of awarding certificate for completion of elementary education under sub-section (2) of section 30;

(p) the authority, the manner of its consititution and the terms and conditions therefor, under sub-section (3) of section 31;

(q) tha allowances and other terms and conditions of appointment of Members of the National Advisory Council under sub-section (3) of section 33;

(r) the allowances and other terms and conditions of appointment of Members of the State Advisory Council under sub-section (3) of section 34;

(3) Every rule made under this Act and every notification issued under sections 20 and 23 by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may, be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or of no effect, as the case may be; so, however, that any such modification or ammulment shalll be without prejudice to the validity of anything previously done under that rule or notification.

(4) Every rule or notification made by the State Government under this Act shall be laid, as soon as may be after it is made; before the State Legislatures.

The Schedule

(See Sections 19 and 25)

Norms And Standards For A School

______________________________________________________

Sl No.        Item                                  Norms and Standards

______________________________________________________

Special Marriage Act

November 30, 2014

Section 1. Short title, extent and commencement

[Act No. 43 of 1954]¹

[9th October, 1954]

An Act to provide a special form marriage in certain cases, for the registration of such and certain other marriages and for divorce.

Be it enacted by Parliament in the Fifth Year of the Republic of India as follows:-

——————–

1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963 and Pondicherry by Reg. 7 of 1963.

(1) This Act may be called the Special Marriage Act, 1954.

(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to citizens of India domiciled in the territories to which this Act extends who are ¹[in the State’s, of Jammu and Kashmir].

(3) It shall come into force on such ²date, as the Central Government may, by notification in the Official Gazette, appoint.

——————–

1. Subs. For word “outside the said territories” by Act No. 33 of 1969, w.e.f. 31-8-1969.

2. Became enforceable on 1-1-1955, vide S.R.O. 3606, dated 17th December, 1954.

Section 2. Definitions

In this Act, unless the context otherwise requires,-

¹[* * *]

(b) “Degrees of prohibited relationship”-a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship;

Explanation I. -Relationship includes, -

(a) Relationship by half or uterine blood as well as by full blood;

(b) Illegitimate blood relationship as well as legitimate;

(c) Relationship by adoption as well as by blood; and all terms of relationship in this Act shall be construed accordingly.

Explanation II. –”Full blood” and “half blood”-two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation III.-”Uterine blood” two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation IV.-In explanations II and III, “ancestor” includes the father and ancestress” the mother;

²[(c) [* * *]

(d) “District” in relation to a Marriage Officer, means the area for which he is appointed as such under sub-section (1) or sub-section (2) of Section 3;

³[(e) “District court” means, in any area for which there is a city civil court, that court, and in any other area, the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government by notification in the Official Gazette as having jurisdiction in respect of the matters dealt with in this Act;]

(f) “Prescribed” means prescribed by rules made under this Act;

⁴[(g) “State Government”, in relation to a Union territory, means the administrator thereof.]

——————–

1. Cl. (a) omitted by Act No. 33 of 1969, w.e.f. 31-8-1969.

2. Cl. (c) omitted by Act No. 33 of 1969, w.e.f. 31-8-1969.

3. Substituted by Act 68 of 1976, w.e.f. 27-5-1976.

4. Substituted by the Adaption of Laws (No.3) Order, 1956.

Section 3. Marriage Officers

(1) For the purposes of this Act, the State Government may, by notification in the Official Gazette, appoint one or more Marriage Officers for the whole or any part of the State.

¹[(2) For the purposes of this Act, in its application to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir, the Central Government may, by notification in the Official Gazette, specify such officers of the Central Government as it may think fit to be the Marriage Officers for the State or any part thereof.]

——————–

1. Subs. by Act No. 33 of 1969, w.e.f. 31-8-1969.

Chapter II Solemnization of Special Marriages

Section 4. Conditions relating to solemnization of special marriages

Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:

(a) Neither party has a spouse living;

¹[(b) Neither party-

(i) Is incapable of giving a valid consent to it in consequence of unsoundness mind; or

(ii) Though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(iii) has been subject to recurrent attacks of insanity ²[* * *]

(c) The male has completed the age of twenty-one years and the female the age of eighteen years;

³[(d) The parties are not within the degrees of prohibited relationship;

Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, not withstanding that they are within the degrees of prohibited relationship; and ]

⁴[(e) Where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.]

⁵[Explanation. -In this section, “customs”, in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family;

Provided that no such notification shall be issued in relation to the members of any tribe, community, group of family,-unless the State Government is satisfied-

(i) That such rule has been continuously and uniformly observed for a long time among those members;

(ii) That such rule is certain and not unreasonable or opposed to public policy; and

(iii) That such rule, if applicable only to a family. has not been discontinued by the family.]

——————–

1. Subs. by Act No. 68 of 1976, w.e.f. 27-5-1976.

2. The words “or epilepsy” omitted by Act 39 of 1999, w.e.f. 29-12-1999.

3. Subs. by Act No. 32 of 1963, w.e.f. 22-9-1963.

4. Subs. by Act No. 33 of 1969, w.e.f. 31-9-1963.

5. Ins. by Act No. 32 of 1963, w.e.f. 22-9-1963.

Section 5. Notice of intended marriage

When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least on of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

Section 6. Marriage Notice Book and publication

(1) The marriage Officer shall keep all notices given under Section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall be open for inspection at al reasonable times, without fee, by any person desirous of inspecting the same.

(2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office.

(3) Where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the Marriage Officer to whom the notice has been given under section 5, transmitted to the Marriage Officer of the district within whose limits such party is permanently residing, and that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office.

Section 7. Objection to marriage

(1) Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section (2) of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.

(2) After the expiration of thirty days from the date on which notice of an intended marriage has been published under sub-section (2) of section 6, the marriage may be solemnized, unless it has been previously objected to under sub-section (1).

(3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, be ready over and explained, if necessary, to the person making the objection and shall be signed by him or on his behalf.

Section 8. Procedure on receipt of objection

(1) If an objection is made under section 7 to an intended marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it; but the Marriage Officer shall not take more than thirty days from the date of the objection for the purpose of inquiring into the matter of the objection and arriving at a decision.

(2) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer shall act in conformity with the decision of the court.

Section 9. Powers of Marriage Officers in respect of inquiries

(1) For the purpose of any inquiry under section 8, the Marriage Officer shall have all the powers vested in a civil court under the Code of Civil Procedure, 1908 (Act V of 1908), when trying a suit in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of witnesses and examining them on oath;

(b) discovery and inspection;

(c) compelling the production of documents;

(d) reception of evidence on affidavits; and

(e) issuing commissions for the examination of witnesses; and any proceeding before the Marriage Officer shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code (Act XLV of 1860).

Explanation. – For the purpose of enforcing the attendance of any person to give evidence, the local limits of the jurisdiction of the Marriage Officer shall be the local limits of his district.

(2) If it appears to the Marriage Officer that the objection made to an intended marriage is not reasonable and has not been made in good faith he may impose on the person objecting costs by way of compensation not exceeding one thousand rupees and award the whole or any part thereof to the parties to the intended marriage, and any order for costs so made may be executed in the same manner as a decree passed by the district court within the local limits of whose jurisdiction the Marriage Officer has his office.

Section 10. Procedure on receipt of objection by Marriage Officer abroad

Where an objection is made under Section 7 to a Marriage Officer ¹[in the State of Jammu and Kashmir in respect of an intended marriage in the State], and the Marriage Officer, after making such inquiry into the matter as he thinks fit, entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with such statement respecting the matter as he thinks fit to the Central Government, and the Central Government, after making such inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the Marriage Officer who shall act in conformity with the decision of the Central Government.

——————–

1. Subs. by Act No. 33 of 1969, w.e.f. 31-8-1969.

Section 11. Declaration by parties and witnesses

Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.

Section 12. Place and form of solemnization

(1) The marriage may be solemnized at the office of the Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed.

(2) The marriage may be solemnized in any form which the parties may choose to adopt:

Provided that it shall not be complete and binding on the parties, unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties,- “I, (A), take thee (B), to be my lawful wife (or husband).

Section 13. Certificate of marriage

(1) When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses.

(2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.

Section 14. New notice when marriage not solemnized within three months

Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by section 5, or where an appeal has been filed under sub-section (2) of section 8, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the Central Government under section 10, within three months from the date of decision of the Central Government, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act.

Chapter III Registration of Marriages celebrated in other forms

Section 15. Registration of marriages celebrated in other forms

Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the ¹Special Marriage Act, 1872, (III of 1872) or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:

(a) A ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since;

(b) Neither party has at the time of registration more than one spouse living;

(c) Neither party is an idiot or a lunatic at the time of registration;

(d) The parties have completed the age of twenty-one years at the time of registration;

(e) The parties are not within the degrees of prohibited relationship;

Provided that in the case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and

(f) The parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

——————–

1. Rep. by this Act.

Section 16. Procedure for registration

Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within the period, shall, if satisfied that all the conditions mentioned is section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.

Section 17. Appeals from orders under section 16

Any person aggrieved by any order of a Marriage Officer refusing to register a marriage under this Chapter may, within thirty days from the date of the order, appeal against that order to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer to whom the application was made shall act in conformity with such decision.

Section 18. Effect of registration of marriage under this Chapter

Subject to the provisions contained in sub-section (2) of section 24, where a certificate of marriage has been finally entered in the Marriage Certificate Book under the Chapter, the marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (Whose names shall also be entered n the Marriage Certificate Book) shall in all respects be deemed to be and always to have been the legitimate children of their parents:

Provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this Act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents.

Chapter IV Consequences of Marriage under this Act

Section 19. Effect of marriage on member of undivided family

The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family.

Section 20. Rights and disabilities not affected by Act

Subject to the provisions of section 19, any person whose marriage is solemnized under this Act, shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 (XXI of 1850) applies.

Section 21. Succession to property of parties married under Act

Not-withstanding any restrictions contained in the Indian Succession Act, 1925 (XXXIX of 1925), with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this section that Act shall have effect as if Chapter III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom.

Section 21 A. Special provision in certain cases

¹Special provision in certain cases. Where the marriage is solemnized under this Act of any person who professes the Hindu Buddhist, Sikh or Jaina religion with a person who professes the Hindu, Buddhist, Sikh or Jaina religion, Section 19 and Section 21 shall not apply and so much of Section 20 as creates a disability shall also not apply.]

——————–

1. Ins. by Act No 68 of 1976, w.e.f. 27-5-1976.

Chapter V Restitution of Conjugal rights and judicial separation

Section 22. Restitution of conjugal rights

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

¹[Explanation. -Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]

——————–

1. Ins. by Act No 68 of 1976, w.e.f. 27-5-1976.

Section 23. Judicial separation

(1) A petition for judicial separation may be presented to the district court either by the husband or the wife, -

(a) On any of the grounds specified ¹[in sub-section (1)] ²[and sub-section (IA) of Section 27] on which a petition for divorce might have been presented; or

(b) On the ground of failure to comply with a decree for restitution of conjugal rights;

and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, and decree judicial separation accordingly.

(2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

——————–

1. Subs. by Act No. 29 of 1970, w.e.f. 12-6-1970.

2. Ins. by Act No. 68 of 1976, w.e.f. 27-5-1976.

Chapter VI Nullity of marriage and divorce

Section 24. Void marriages

(1) Any marriage solemnized under this Act shall be null and void ¹[and may, on a petition presented by either party thereto against the other party, be so declared] by a decree of nullity if-

(i) Any of the conditions specified in clauses (a), (b), (c) and (d) of Section 4 has not been fulfilled; or

(ii) The respondent was impotent at the time of the marriage and at the time of the institution of the suit.

(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this Act within the meaning of Section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clauses (a) to (e) of Section 15:

Provided that no such declaration shall be made in any case where an appeal has been preferred under Section 17 and the decision of the district court has become filial.

——————–

1. Substituted for words “and may be so declared” by Act No. 68 of 1876, w.e.f. 27-5-1976.

Section 25. Voidable marriage

Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if -

(i) the marriage has not been consummated owning to the willful refusal of the respondent to consummate the marriage; or

(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or

(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the India Contract Act, 1872 (IX of 1872):

Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,-

(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(b) that proceedings were instituted within a year from the date of the marriage; and

(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree:

Provided further that in the case specified in clause (iii), the court shall not grant a decree if,-

(a) proceedings have not been instituted within one year after the coercion have ceased or, as the case may be fraud had been discovered; or

(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.

Section 26. Legitimacy of children of void and voidable marriages

¹Legitimacy of children of void and voidable marriages. (1) Notwithstanding that a marriage is null and void under Section 24, and child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

(2) Where a decree of nullity is granted in respect of a voidable marriage under Section 25, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it has been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.

(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under Section 25, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents].

——————–

1. Substituted by Act No. 68 of 1976, w.e.f. 27-5-1976.

Section 27. Divorce

²[(1)] Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court either by the husband, or the wife on the ground that the respondent-

¹[(a) Has, after the solemnization of the marriage. had voluntary sexual intercourse with any person other than his or her spouse-, or

(b) Has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]

(c) If undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code;

³[* * *]

(d) Has since the solemnization of the marriage treated the petitioner with cruelty; or

¹[(e) Has been incurably of unsound mind, or hits been suffering continuously or intermittently from mental disorder of such a kind and to such all extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation. -In this clause, -

(i) The expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

(ii) The expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the respondent, and whether or not it requires or is susceptible to medical treatment; or

(f) Has been suffering from venereal disease in a communicable form; or]

(g) Has ⁵[* * *] been suffering from leprosy, the disease not having been contracted from the petitioner; or,

(h) Has not been heard of as being alive for period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; ⁶[* * *]

⁷[Explanation.- In this sub-section, the expression “desertion” means desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage and its grammatical variations and cognate expressions shall be construed accordingly.]

⁵[* * * * *]

⁸[* * * * *]

⁷[(lA) A wife may also present a petition for divorce to the district court on the ground, -

(i) That her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality;

(ii) That in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding Section 488 of the Code of Criminal Procedure, 1898 [5 of 1898]), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards]

⁹[(2) Subject to the provisions of this Act and to the rules made thereunder, either party to a marriage, whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970 (29 of 1970), may present a petition for divorce to the district court on the ground-

(i) That there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or up wards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) That there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties]

——————–

1. Subs. by Act No. 68 of 1976, w.e.f. 27-5-1976.

2. Section 27 renumbered as sub-section (1) by Act 29 of 1970, w.e.f. 12-8-1970.

3. Proviso omitted by Act No. 68 of 1976, w.e.f. 27-5-1976.

4. Certain words omitted by Act No. 68 of 1976, w.e.f. 27-5-1976.

5. Word “or” omitted by Act 29 of 1970, w.e.f. 12-8-1970.

6. Ins. by Act No. 68 of 1976, w.e.f. 27-5-1976.

7. Clause (i) and (i) omitted by Act No. 29 of 1970, w.e.f. 12-8-1970.

8. Ins. by Act No. 29 of 1970, w.e.f. 12-8-1970.

Section 27 A. Alternate relief in divorce proceedings

¹Alternate relief in divorce proceedings. In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the ground mentioned in clause (h) of sub-section (1) of Section 27, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.

——————–

1. Ins. by Act No. 68 of 1976, w.e.f. 27-5-1976.

Section 28. Divorce by mutual consent

(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be present to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) ¹[On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in subsection (1) and not later than eighteen months] after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

——————–

1. Subs, by Act No. 68 of 1976, w.e.f. 27-5-1976.

Section 29. Restriction on petitions for divorce during first three years after marriage

(1) No petition for divorce shall be presented to the district court ¹[unless at the date of the presentation of the petition one year has passed] since the date of entering the certificate of marriage in the Marriage Certificate Book:

Provided that the district court may, upon application being made to it, allow a petition to be presented ¹[before one year has passed] on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the district court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the district court may, if it pronounces a 2 decree, do so subject to the condition that the decree shall not have effect until after the ²[expiry of one year] from the date of the marriage or may dismiss the petition, without prejudice to any petition, which may be brought after the ³[expiration of the said one year] upon the same, or substantially the same, facts as those proved in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the ⁴[expiration of one year] from the date of the marriage, the district court shall have regard to the interests of any children of the marriage, and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the ²[said one year].

——————–

1. Substituted for word “before three years have passed” by Act 68 of 1976, w.e.f. 27-5-1976.

2. Substituted for word “expiry of three years” by Act 68 of 1976, w.e.f. 27-5-1976.

3. Substituted for word “expiration of the said three years” by Act 68 of 1976, w.e.f. 27-5-1976.

4. Substituted for word “expiration of three years” by Act 68 of 1976, w.e.f. 27-5-1976.

5. Substituted for word “said three years” by Act 68 of 1976, w.e.f. 27-5-1976.

Section 30. Remarriage of divorced persons

Where a marriage has been dissolved by the decree of divorce, and either there is no right of appeal against the decree or if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, ¹[* * *] either party to the marriage may marry again.

——————–

1. Omitted words “and one year has elapsed thereafter but not sooner” by Act 68 of 1976, w.e.f. 27-5-1976.

Chapter VII Jurisdiction and Procedure

Section 31. Court to which petition should be made

¹[(1) Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose original civil jurisdiction-

(i) The marriage was solemnized; or

(ii) The respondent, at the time of the presentation of the petition resides; or

(iii) The parties to the marriage last resided together; or

²[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or]

(iv) The petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years by those who would naturally have heard to him if he were alive.]

(2) Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.

——————–

1. Substituted by Act 68 of 1976, w.e.f. 27-5-1976.

2. Inserted vide Marriage Laws (Amdt.) Act, 2003.

Section 32. Contents and verification of petitions

(1) Every petition under Chapter V or Chapter VI shall state, as distinctly as the nature of the case permits, the facts on which the claim to relief is founded, and shall also state that there is no collusion between the petitioner and the other party to the marriage.

(2) The statements contained in every such petition shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence.

Section 33. Proceedings to be in camera and may not be printed or published

¹[Proceedings to be in camera and may not be printed or published. (1) Every proceeding under this Act shall be conducted in (camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

(2) If any person prints on publishes any matter in contravention of the provisions contained in sub-section (1) he shall be punishable with fine which may extend to one thousand rupees.]

——————–

1. Substituted by Act 68 of 1976, w.e.f. 27-5-1976.

Section 34. Duty of court in passing decrees

(1) In any proceeding under Chapter V or Chapter VI, whether defended or not, if the court is satisfied that, -

(a) Any of the grounds for granting relief exists; and

(b) ¹[Where the petition is founded on the ground specified in clauses (a) of subsection (1) of Section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act of sexual intercourse referred to therein,] or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and

(c) When divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence; and

(d) The petition is not presented or prosecuted in collusion with the respondent; and

(e) There has not been any unnecessary or improper delay in instituting the proceedings; and

(f) There is no other legal ground why the relief-should not be granted; then, and in such a case, but not otherwise, the court shall decree such relief accordingly.

(2) Before proceeding to grant any relief under this Act it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties;

²[Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause (c), clause (e), clause (f), clause (g) and clause (h) of sub-section (1) of section 27.]

²[(3) For the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or if the court thinks it just and proper so to do, adjourn the proceeding for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether reconciliation can be and has been effected and the court shall in disposing of the proceeding have due regard to the report.

(4) In every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties.]

——————–

1. Subs, by Act 68 of 1976, w.e.f. 27-5-1976.

2. Ins. by Act No. 68 of 1976, w.e.f. 27-5-1976.

Section 35. Relief for respondent in divorce and other proceedings

¹[Relief for respondent in divorce and other proceedings. In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner’s adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground, if the petitioner’s adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he, or she would have been entitled if he or she had presented a petition seeking such relief on that ground.]

——————–

1. Subs, by Act 68 of 1976, w.e.f. 27-5-1976.

Section 36. Alimony pendente lite

Where in any proceeding under Chapter V or Chapter VI it appears to the district court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as, having regard to the husband’s income, it may seem to the court to be reasonable.

¹[Provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under Ch. V or Ch. VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the husband.]

——————–

1. Inserted vide The Marriage Laws (Amdt.) Act, 2001 (Act No. 49 of 2001), dt. 24-9-2001.

Section 37. Permanent alimony and maintenance

(1) Any court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at ail-y, time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband’s property, such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husband’s property and ability ¹[the conduct of the parties and other circumstances of the case], it may seem to the court to be just.

(2) If the district court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under subsection (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as it ,ay seem to the court to be just.

(3) If the district court is satisfied that the wife is whose favour an order likes been made under this section has re-married or is not leading a chaste life, ²[it may, at the instance of the husband vary, modify or rescind any such order and in such manner as the court may deem just.]

——————–

1. Substituted for words “and the conduct of the parties” by Act No. 68 of 1976, w.e.f. 27-5-1976.

2. Substituted for words “it shall rescind the order” by Act No. 68 of 1976, w.e.f. 27-5-1976.

Section 38. Custody of Children

In any proceeding under Chapter V or Chapter VI the district court may, from time to time, pass such ;Interim orders and make such provisions in the decree as it may seem to it to be just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time to time, all of such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending.

¹[Provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under Ch. V or Ch. VI, shall, as far as possible be disposed of within sixty days form the date of service of notice on the respomdent.]

——————–

1. Inserted vide The Marriage Laws (Amdt.) Act, 2001 (Act No. 49 of 2001), dt. 24-9-2001.

Section 39. Appeals from decrees and orders

(1) All decrees made by the court in any proceeding under Chapter V or Chapter VI shall, subject to the provisions of subsection (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction and such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.

(2) Orders made by the court in any proceeding under this Act, under Section 37 or Section 38 shall, subject to any provisions of subsection (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.

(3) There shall be no appeal under this section on the subject of costs only.

(4) Every appeal under this section shall be preferred within a period of ¹[ninety] days from the date of the decree or order.

——————–

1. Substituted for “thirty” vide the Marriage Laws (Amdt.) Act, 2003.

Section 39 A. Enforcement of decrees and orders

¹[Enforcement of decrees and orders. All decrees and orders made by the court in any proceeding under Chapter V or Chapter VI shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being are enforced.]

——————–

1. Ins. by Act No. 68 of 1976, w.e.f. 27-5-1976.

Section 40. Application of Act V of 1908

Subject to the other provisions contained in this Act, and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908 (Act V of 1908).

Section 40 A. Power to transfer petitions in certain cases

¹[Power to transfer petitions in certain cases. (1) Where-

(a) A petition under this Act has been presented to the district court having party to the marriage praying for a decree for judicial separation jurisdiction by a under Section 23 or for a decree of divorce under Section 27, and

(b) Another petition under this Act has been presented thereafter by the other party to the marriage praying for decree for judicial separation under Section 23, or for decree of divorce under Section 27 on any ground whether in the same district court or in a different district court, in the same State or in a different State, the petition shall be dealt with as specified in sub-section (2).

(2) In a case where sub-section (1) applies,-

(a) If the petitions are presented to the same district court, both the petitions shall be tried and heard together by the district court;

(b) If the petitions are presented to different district courts, the petition presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.

(3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent, under the Code of Civil Procedure, 1908 (5 of 1909) to transfer any suit or proceeding from the district court in which the later petition has been, presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code.

——————–

1. Ins. by Act No. 68 of 1976, w.e.f. 27-5-1976.

Section 40 B. Special provision relating to trial and disposal of petition under the Act

(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusions, unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as expeditiously as possible, and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

Section 40 C. Documentary evidence

Notwithstanding anything contained in any attachment to the contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under this Act on the ground that it is not duly stamped or registered.

Section 41. Power of High Court to make rules regulating procedure

(1) The High Court shall, by notification in the Official Gazette, make such rules consistent with the provisions contained in this Act and the Code of Civil Procedure, 1908 (Act V of 1908), as it may consider expedient for the purpose of carrying into effect the provisions of Chapter V,VI and VII.

(2) In particular, and without prejudice to the generality of the foregoing provision, such rules shall provide for,-

(a) the imp leading by the petitioner of the adulterer as a co-respondent on a petition for divorce on the ground of adultery, and the circumstances in which the petitioner may be excused from doing so;

(b) the awarding of damages against any such co-respondent;

(c) the intervention in any proceeding under Chapter V or Chapter VI by any person not already a party thereto;

(d) the form and contents of petitions for nullity of marriage or for divorce and the payment of costs incurred by parties to such petitions; and

(e) any other matter for which no provision or no sufficient provision is made in this Act, and for which provision is made in the Indian Divorce Act, 1869 (IV of 1869).

Chapter VIII Miscellaneous

Section 42. Saving

Nothing contained in this Act shall effect the validity of any marriage not solemnized under its provisions; nor shall this Act be deemed directly or indirectly to affect the validity of any mode of contracting marriage.

Section 43. Penalty on married person marrying again under this Act

Save as otherwise provided in Chapter III, every person who, being at the time married, procures a marriage of himself to others to be solemnized under this Act shall be deemed to have committed an offence under section 494 or section 495 of the Indian Penal Code (Act XLV of 1860), as the case may be, and the marriage so solemnized shall be void.

Section 44. Punishment of bigamy

Every person whose marriage is solemnized under this Act and who, during the life time of his or her wife or husband contracts any other marriage shall be subjected to the penalties provided in section 494 and section 495 of the Indian Penal Code (Act XLV of 1860), for the offence of marrying again during the lifetime of a husband or wife, and the marriage so contracted shall be void.

Section 45. Penalty for signing false declaration or certificate

Every person making, signing or attesting any declaration or certificate required by or under this Act containing a statement which is false and which he either knows or believes to be false or does not believe to be true shall be guilty of the offence described in section 199 of the Indian Penal Code (Act XLV of 1860).

Section 46. Penalty for wrongful action of Marriage Officer

Any Marriage Officer who knowingly and willfully solemnizes a marriage under this Act -

(1) without publishing a notice regarding such marriage as required by section 5, or

(2) within thirty days of the publication of the notice of such marriage, or

(3) in contravention of any other provision contained in this Act, shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

Section 47. Marriage Certificate Book to be open to inspection

(1) The Marriage Certificate Book kept under this Act shall at all reasonable times be open for inspection and shall be admissible as evidence of the statements therein contained.

(2) Certified extracts from the Marriage Certificate Book shall, on application, be given by the Marriage Officer to the applicant on payment by him of the prescribed fee.

Section 48. Transmission of copies of entries in marriage records

Every Marriage Officer in a State shall send to the Registrar-General of Births, Deaths and Marriages of that State at such intervals and in such form as may be prescribed, a true copy of all entries made by him in the Marriage Certificate Book since the last of such intervals, and, in the case of Marriage Officers outside the territories to which this Act extends, the true copy shall be sent to such authority as the Central Government may specify in this behalf.

Section 49. Correction of errors

(1) Any marriage Officer who discovers any error in the form of substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married or, in case of their death or absence, n the presence of two other credible witnesses, correct the error by entry in the margin without any alternative of the original entry and shall sign the marginal entry and add thereto the date of such correction and the Marriage Officer shall make the like marginal entry in the certificate thereof.

(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.

(3) Where a copy of any entry has already been sent under section 48 to the Registrar-General or other authority the Marriage Officer shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal correction therein made.

Section 50. Power to make rules

(1) The Central Government, in the case of ¹[* * *] officers of the Central Government, and the State Government, in all other cases, may, by notification in the Official Gazette, makes rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matter’s, namely:

(a) The duties and powers of Marriage Officers and the areas in which they may exercise jurisdiction:

(b) The manner in which a Marriage Officer may hold inquiries under this Act and the procedure therefor;

(c) The form and manner in which any books required by or under this Act shall be maintained;

(d) The fees that may be levied for the performance of any duty imposed upon a Marriage Officer under this Act;

(e) The manner in which public notice shall be given under Section 16;

(f) The form in which, and the intervals within which, copies of entries in the Marriage Certificate Book shall be sent in pursuance of Section 48;

(g) Any other matter which may be or requires to be prescribed.

²[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making ally modification in the rule or both Houses agree that the rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the else may be; so, however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that, rule.

(4) Every rule made by the State Government under this Act shall be laid as soon as it is made, before the State Legislature.]

——————–

1. Omitted words “diplomatic and consular and other” by Act 33 of 1969, w.e.f. 31-8-1969.

2. Inserted by Act No. 20 of 1983, w.e.f. 15-3-1984.

Section 51. Repeals and savings

(1) The Special Marriage Act 1872 (III of 1872), and any law corresponding to the Special Marriage Act, 1872, in force in an Part B State immediately before the commencement of this Act are hereby repealed.

(2) Notwithstanding such repeal,-

(a) all marriages duly solemnized under the Special Marriage Act, 1872 (III of 1872), or any such corresponding law shall be deemed to have been solemnized under this Act;

(b) all suits and proceedings in causes and matters matrimonial which, when this Act comes into operation, are pending in any court, shall be dealt with the decided by such court, so far as may be, as if they had been originally instituted therein under this Act.

(3) The provisions of sub-section (2) shall be without prejudice to the provisions contained in section 6 of the General Clauses Act.1897 (X of 1897), which shall also apply to the repeal of the corresponding law as if such corresponding law had been an enactment.

THE FIRST SCHEDULE

See section 2 (b)

“Degrees of Prohibited relationship”

PART I

1. Mother

2. Father’s widow (step-mother)

3. Mother’s mother

4. Mother’s father’s widow (step grand-mother)

5. Mother’s mother’s mother

6. Mother’s mother’s father’s widow (step great grand-mother)

7. Mother’s father’s mother

8. Mother’s father’s father’s widow (step great grand-mother)

9. Father’s mother

10. Father’s father’s widow (step grand-mother)

11. Father’s mother’s mother

12. Father’s mother’s father’s widow (step great grand-mother)

13. Father’s father’s mother

14. Father’s father’s father’s widow (step great grand mother)

15. Daughter

16. Son’s widow

17. Daughter’s daughter

18. Daughter’s son’s widow

19. Son’s daughter

20. Son’s son’s widow

21. Daughter’s daughter’s daughter

22. Daughter’s daughter’s son’s widow

23. Daughter’s son’s daughter

24. Daughter’s son’s son’s widow

25. Son’s daughter’s daughter

26. Son’s daughter’s son’s widow

27. Son’s son’s daughter

28. Son’s son’s son’s widow

29. Sister

30. Sister’sdaughter

31. Brother’s daughter

32. Mother’s sister

33. Father’s sister

34. Father’s brother’s daughter

35. Father’s sister’s daughter

36. Mother’s sister’s daughter

37. Mother’s brother’s daughter

Explanation.—For the Purposes of this Part, the expression “widow” includes a divorced wife.

PART II

1. Father

2. Mother’s husband (step-father)

3. Father’s fathter

4. Father’s mother’s husband (step grand-father)

5. Father’s father’s father

6. Father’s father’s mother’s husband (step great grand-father)

7. Father’s mother’s father

8. Father’s mother’s mother’s husband (Step great grand-father)

9. Mother’s father

10. Mother’s mother’s husband (step grand-father)

11. Mother’s father’s father

12. Mother’s father’s mother’s husband (step great grand-father)

13. Mother’s mother’s father

14. Mother’s mother’s mother’s husband (step great grand-father)

15. Son

16. Daughter’s husband

17. Son’s son

18. Son’s daughter’s husband

19. Daughter’s son

20. Daughter’s daughter’s husband

21. Son’s son’s son

22. Son’s son’s daughter’s husband

23. Son’s daughter’s son

24. Son’s daughter’s daughter’s husband

25. Daughter’s son’s son

26. Daughter’s son’s daughter’s husband

27. Daughter’s daughter’s son

28. Daughter’s daughter’s daughter’s husband

29. Brother

30. Brother’s son

31. Sister’s son

32. Mother’s brother

33. Father’s brother

34. Father’s brother’s son

35. Father’s sister’s son.

36. Mother’s sister’s son

37. Mother’s brother’s son

Explanation.—For the purpose of this Part, the expression “husband” includes a divorced husband.

THE SECOND SCHEDULE

(See section 5)

NOTICE OF INTENDED MARRIAGE

To

Marriage Officer for the ………………….District.

We hereby give you notice that a marriage under Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.

Witness our hands this…………………….. day of ………………… 19……..

(Sd.) A.B

(Sd.) C.D.

THE THIRD SCHEDULE

(See section 11)

DECLARATION TO BE MADE BY THE BRIDEGROOM

I, A.B., hereby declare as follows:-

1.I am at the present time unmarried (or a widower or a divorcee, as the case may be).

2.I have completed…………………years of age.

3.I am not related to C.D. (the bride) within the degrees of prohibited relationship.

4.I am aware that, if any statement in this declaration is false, and if in making such statement, I either know or believe it to be false or do not believe it to true.I am liable to imprisonment and also to fine.

(S.d), A.B. (the Bridegroom)

DECLARATION TO BE MADE BY HE BRIDE

I, C.D., hereby declare as follows;-

1.I am at the present time unmarried (or a widow or a divorcee, as the case may be).

2.I have completed……………………………………..years of age.

3.I am not related to A.B. (the Bridegroom) within the degrees of prohibited relationship.

4.I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(S.d) C.D. (the Bride)

Signed in our presence by the above-named A.B. and C.D. so far as we are aware there is no lawful impediment to the marriage.

Countersigned E.F., Marriage Officer.,

Dated the……………………..day of………………….19……………….

THE FOURTH SCHEDULE

(See Section 13)

CERTIFICATE OF MARRIAGE

I, E.F.hereby certify that on the day of 19 A.B.and C.D.* { * Herein give particulars of the parties} before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations of required by section 11 and that a marriage under this Act was the solemnized between them in my presence

(Sd.) E.F.,

Marriage officer ,for

(Sd.) A.B.,

Bridegroom

(Sd.) C.D.,

Bride

THE FIFTH SCHEDULE

(See section 16)

CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS

I. E.F., hereby certify that A.B. and C.D. * appeared before me this……………….day of…….19……….and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declared that a ceremony of marriage has been performed between them and [hat they have been living together as husband and wife since the time of their marriage, and that in accordance with their desire to have their marriage registered under this Act, the said ‘ marriage has, this day……………….day of………….19 …………….been registered under this Act, having effect as from.

(Sd.) E.F.,

Marriage officer ,for

(Sd.) A.B.,

Bridegroom

(Sd.) C.D.,

Bride

Dated the………………………day of……….19…………………………..

* Herein give particulars of the parties.

Public Liability Insurance Act

November 30, 2014

Preamble

[Act No. 6 of 1991]

[22nd January 1991]

An Act to provide for public liability insurance for the purpose of providing immediate relief to persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Forty-first Year of the Republic of India as follows: -

Section 1. Short title and commencement

(1) This Act may be called the Public Liability Insurance Act, 1991.

(2) It shall come into force on such date as the Central Government may by notification, appoint.

Section 2. Definitions

In this Act, unless the context otherwise requires,-

¹[(a) “Accident” means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance resulting in Continuous or intermittent or repeated exposure to death of, or injury to, any person or damaged to any property but does not include an accident by reason only of war or radio-activity;]

(b) “Collector” means the Collector having jurisdiction over the area in which the accident occurs;

(c) “Handling”, in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation by vehicle, use collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance;

(d) “Hazardous substance” means any substance or preparation which is defined as hazardous substance under the Environment (Protection) Act, 1986 (29 of 1986), and exceeding such quantity as may be specified, by notification, by the Central Government;

(e) “Insurance” means insurance against liability under sub-section (1) of Section 3;

(f) “Notification” means a notification published in the Official Gazette;

²(g) “Owner means a person who owns, or has control over handling, any hazardous substance at the time of accident and includes. -

(i) In the case of a firm, any of its partners; (ii) In the case of an association, any of its members; and

(iii) In the case of a company, any of its directors, managers, secretaries or other officers who is directly in charge of, and is responsible to, the company for the conduct of the business of the company;]

(h) “Prescribed” means prescribed by rules made under this Act; ³[(ha) “Relief Fund” means the Environmental Relief Fund established under Section 7A;]

(i) “Rules” means rules made under this Act;

(j) “Vehicle” means any mode of surface transport other than railways.

——————–

1. Subs. by Act No.11 of 1992.

2. Subs. by Act No. 11 of 1992.

3. Ins. by Act No. 11 of 1992.

Section 3. Liability to give relief in certain cases on principle of no fault

(1) Where death or injury to any person (other than a workman) or damage to any property has resulted from an accident, the owner shall be liable to give such relief as is specified in the Schedule for such death, injury or damage.

(2) In any claim for relief under sub-section (1) (hereinafter referred in to this Act as claim for relief), the claimant shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person. Explanation. -For the purpose of this section, -

(i) “Workman” has the meaning assigned to it in the Workmen’s Compensation Act, 1923 (8 of 1923);

(ii) “Injury” includes permanent total or permanent partial disability or sickness resulting out of an accident.

Section 4. Duty of owner to take out insurance policies

(1) Every owner shall take out, before he starts handling any hazardous substance, one or more insurance policies providing for contracts of insurance whereby he is insured against liability to give relief under sub-section (1) of Section 3: Provided that any owner handling any hazardous substance immediately before the commencement of this Act shall take out such insurance policy or policies as soon as may be and in any case within a period of one year from such commencement. (2) Every owner shall get the insurance policy, referred to in subsection (1), renewed from time to time before the expiry of the period of validity thereof so that the insurance policies may remain in force throughout the period during which such handling is continued.

¹(2A) No insurance policy taken out or renewed by an owner shall be for an amount less than the amount of the paid-up capital of the undertaking handling any hazardous substance and owned or controlled by that owner, and more than the amount, not exceeding fifty crore rupees, as may be prescribed. Explanation-For the purposes of this sub-section, “paid-up capital” means, in the case of an owner not being a company, the market value of all assets and stocks of the undertaking on the date of contract of insurance.

(2B) The liability of the insurer under one insurance policy shall not exceed the amount specified in the terms of the contract of insurance in that insurance policy.

(2C) Every owner shall also, together with the amount of premium, pay to the insurer, for being credited to the Relief Fund established under Section 7A, such further amount, not exceeding the sum equivalent to the amount of premium, as may be prescribed. (2D) The insurer shall remit to the authority specified in sub-section (3) of Section 7A the amount received from the owner under subsection (2C) for being credited to the Relief Fund in such manner and within such period as may be prescribed and where the insurer fails to so remit that amount, it shall be recoverable from the insurer as arrears of land revenue or of public demand.]

(3) The Central Government may, by notification, exempt from the operation of sub-section (1) any owner, namely:-

(a) The Central Government; (b) Any State Government; (c) Any corporation owned or controlled by the Central Government or a State Government; or (d) Any local authority:

Provided that no such order shall be made in relation to such owner unless a fund has been established and is maintained by that owner in accordance with the rules made in this behalf for meeting any liability under sub-section (1) of Section 3.

——————–

1. Ins. by Act No. 11 of 1992.

Section 5. Verification and publication of accident by Collector

Whenever it comes to the notice of the Collector that an accident has occurred at any place within his jurisdiction, he shall verify the occurrence of such accident and cause publicity to be given in such manner as he deems fit for inviting applications under sub-section (1) of Section 6.

Section 6. Application for claim for relief

(1) An application for claim for relief may be made.-

(a) By the person who has sustained the injury;

(b) By the owner of the property to which the damage has been caused;

(c) Where death has resulted from the accident, by all or any of the legal representatives of the deceased; or

(d) By any agent duly authorised by such person or owner of such property or all or any of the legal representatives of the deceased, as the case may be:

Provided that where all the legal representatives of the deceased have not joined in any such application for relief, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined shall be impleaded as respondents to the application.

(2) Every application under sub-section (1) shall be made to the Collector and shall be in such form, contain such particulars and shall be accompanied by such documents as may be prescribed

(3) No application for relief shall be entertained unless it is made within five years of the occurrence of the accident.

Section 7. Award of relief

(1) On receipt of an ‘application under sub-section (1) of Section 6, the Collector shall, after giving notice of the application to the owner and after giving the parties an opportunity of being heard, hold an inquiry into the claim or, each of the claims, and may make an award determining the amount of relief which appears to him to be just and specifying the person or persons to whom such amount of relief shall be paid.

(2) The Collector shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award.

(3) When an award is made under this section.-

(a) The insurer, who is required to pay any amount in terms of such award and to the extent specified in sub-section (2B) of Section 4, shall, within a period of thirty days of the date of announcement of the award, deposit that amount in such manner as the Collector may direct; (b) The Collector shall arrange to pay front the Relief Fund, in terms of such award and in accordance with the scheme under Section 7A, to the person or persons referred to in subsection (1) such amount as may be specified in that scheme;

(c) The owner shall, within such period, deposit such amount in such manner as the Collector may direct.]

(4) In holding any inquiry under sub-section (1), the Collector may, subject to any rules made in this behalf, follow such summary procedure as he thinks fit.

(5) The Collector shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Collector shall be deemed to be a Civil Court for all the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

(6) Where the insurer or the owner against whom the award is made under sub-section (1) fails to deposit the amount of such award within the period specified under subsection (3), such amount shall be recoverable form the owner, or as the case may be, the insurer as arrears of land revenue or of public demand.

(7) A claim for relief in respect of death of, or injury to, any person or damage to any property shall be disposed of as expeditiously as possible and every endeavor shall be made to dispose of such claim within three months of the receipt of the application for relief under sub-section (1) of Section 6.

²[(8) Where an owner is likely to remove or dispose of his property with the object of evading payment by him of any amount of the award, the Collector may, in accordance with the provisions of rules I to 4 of Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908 (5 of 19O8), grant a temporary injunction to restrain such act.]

——————–

1. Subs. By Act No. 11 of 1992.

2. Ins. by Act No. 11 of 1992.

Section 7 A. Establishment of Environmental Relief Fund

¹[Establishment of Environmental Relief Fund. (1) The Central Govern- ment may, by notification, establish a fund to be known as the Environmental Relief Fund.

(2) The Relief Fund shall be utilised for paying, in accordance with the provisions of this Act and the scheme made under sub-section (3), relief under the award made by the Collector under Section 7 (3) The Central Government may, by notification, make a scheme specifying the authority in which the Relief Fund shall vest, the manner in which the Relief Fund shall be administered, the form and the manner in which money shall be drawn from the Relief Fund and for all other matters connected with or incidental to the administration of the Relief Fund and the payment of relief therefrom.]

——————–

1. Ins. by Act No. 11 of 1992.

Section 8. Provisions as to other right to claim compensation for death, etc

(1) The right to claim relief under sub-section (1) of Section 3 in respect of death of, or injury to, any person or damage to any property shall be in additional to any other right to claim compensation in respect thereof under any other law for the time being in force.

(2) Notwithstanding anything contained in subsection (1), where in respect of death of, or injury to, any person or damage to any property, the owner, liable to give claim for relief, is also liable to pay compensation under any other law, the amount of such compensation shall be reduced by the amount of relief paid under this Act.

Section 9. Power to call for information

Any person authorised by the Central Government may, for the purposes of ascertaining whether any requirements of this Act or of any rule or of any direction given under this Act have been complied with, require any owner to submit to that person such information as that person may reasonably think necessary.

Section 10. Power of entry and inspection

Any person, authorised by the Central Government in this behalf, shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place, premises or vehicle, where hazardous substance is handled for the purpose of determining whether any provisions of this Act or of any rule or of any direction given under this Act is being or has been complied with and such owner is bound to tender all assistance to such person.

Section 11. Power of search and seizure

(1) If a person, authorised by the Central Government in this behalf, has reason to believe that handling of any hazardous substance is taking peace in any place, premises or vehicle, in contravention of sub-section (1) of Section 4, he may enter into and search such place, premises or vehicle of such handling of hazardous substance.

(2) Where, as a result of any search under sub-section (1) any handling of hazardous substance has been found in relation to which contravention of sub-section (I) of Section 4 has taken place, he may seize such hazardous substance and other things, which, in his opinion, will be useful for, or relevant to, any proceeding under this Act:

Provided that where it is not practicable to seize any such substance or thing, he may serve on the owner an order that the owner shall not remove, part with or otherwise deal with, the hazardous substance mid such other things except with the previous permission of that person.

(3) He may, if he has reason to believe that it is expedient to do to prevent an accident dispose of the hazardous substance seized under sub-section (2) immediately in such manner as he may deem fit.

(4) All expenses incurred by him in the disposal of hazardous substances under sub-section (3) shall be recoverable form the owner as arrears of land revenue or of public demand.

Section 12. Power to give direction

Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may in exercise of its powers and performance of its functions under this Act, issue such directions in writing as it may deem fit for the purposes of this Act to any owner or ally person, officer, authority or agency and such owner, person, officer, authority or agency shall be bound to comply with such directions.

Explanation. – For the removal of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-

(a) Prohibition or regulation of the handling of any hazardous substance; or

(b) Stoppage or regulation of the supply of electricity, water or any other service.

Section 13. Power to make application to Courts for restraining owner from handling hazardous substances

(1) If the Central Government or any person authorised by that Government in this behalf has reason to believe that any owner has been handling any hazardous substance in contravention of any of the provisions of this Act, that Government or, as the case may be, that person may make an application to a Court not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of first class for restraining such owner from such handling.

(2) On receipt of the application under sub-section (1), the Court may make such order as it deems fit.

(3) Where under sub-section (2), the Court makes an order restraining any owner from handling hazardous substance, it may, in that order. -

(a) Direct such owner to desist from such handling;

(b) Authorise the Central Government or, as the case may be, the person referred to in sub-section (1), if the direction under clause (a) is not complied with by the owner to whom such direction is issued, to implement the direction in such manner as may be specified by the Court.

(4) All expenses incurred by the Central Government, or as the case may be, the person in implementing the directions of Court under clause (b) of subsection (3), shall be recoverable form the owner as arrears of land revenue or of public demand.

Section 14. Penalty for contravention of sub-section (1) or sub-section (2) of Section 4 or failure to comply with directions under Section 12

(1) Whoever contravenes any of the provisions of ¹[sub-section (1) or subsection (2) or subsection (2A) or sub-section (2C)] of Section 4 or fails to comply with any direction issued under Section12, he shall be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years, or with fine which shall not be less than one lakh rupees, or with both.

(2) Whoever, having already been convicted or ail offence under subsection (1), is convicted for the second offence or any offence subsequent to the second offence, he shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine which shall not be less than one lakh rupees.

(3) Nothing contained in Section 360 of the Code of Criminal Procedure, 1973 (2 of 1974), or in the Probation of Offenders Act, 1958 (20 of 1958), shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age.

——————–

1. Subs. by Act No. 11of 1992 for “sub-section (1) or (2).

Section 15. Penalty for failure to comply with direction under Section 9 or order under Section 11 or obstructing any person in discharge of his functions under Section 10 or 11

If any owner fails to comply with direction issued under Section 9 or fails to comply with order issued under sub-section (2) of Section11, or obstructs any person in discharge of his functions under Section 10 or sub-section (1) or subsection (3) of Section11, he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to ten thousand rupees, or with both.

Section 16. Offences by companies

(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to; the company for the conduct of’ the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in subsection (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the Consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purposes of this section,-

(a) “Company” means any body corporate and includes a firm or other association of individuals;

(b) “Director”, in relation ‘to a firm, means a partner in the firm.

Section 17. Offences by Government Departments

Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

Section 18. Cognizance of offences

No court shall take cognizance of any offence under this Act except on a complaint made by-

(a) The Central Government or any authority or officer authorised in this behalf by that Government; or

(b) Any person who has given notice of not less than sixty days in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.

Section 19. Power to delegate

The Central Government may, by notification, delegate, subject to such conditions and limitations as may he specified in the notification, such of its powers and functions under this Act (except the power under Section 23) as it may deem necessary or expedient to any person (including any officer, authority or other agency.)

Section 20. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against the Government or the person, officer, authority or other agency in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.

Section 21. Advisory Committee

(1) The Central Government may, from time to time, constitute an Advisory Committee on the matters relating to the insurance policy under this Act.

(2) The Advisory Committee shall consist of-

(a) Three officers representing the Central Government;

(b) Two persons representing the insurers;

(c) Two persons representing the owners; and

(d) Two persons from amongst the experts of insurance or hazardous substances to be appointed by the Central Government.

Section 22. Effect of other laws

The provisions of this Act and any rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.

Section 23. Power to make rules

(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely:-

¹[(a) The maximum amount for which an insurance policy may be taken out by an owner under sub-section (2A) of Section 4;

(aa) The amount required to be paid by every owner for being credited, to the Relief Fund under sub-section (2C) of Section 4;

(ab) The manner in which and the period within which the amount received from the owner is required to be remitted by the insurer under sub-section (2D) of Section 4;]

²[(ac) Establishment and maintenance of fund under sub-section (3) of Section 4;]

(b) The form of application and the particulars to be given therein and the documents to accompany such application under sub-section (2) of Section 6;

(c) The procedure for holding an inquiry under subsection (4) of Section 7;

(d) The purposes for which the Collector shall have powers of a Civil Court under sub-section (5) of Section 7;

(e) The manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of Section 18;

(f) Any other matter which is required to be, or may be, prescribed.

(3) Every ³[rule or scheme] made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the ³ [rule or scheme] or both Houses agree that the ³[rule or scheme] should not be made, the ³[rule or scheme] shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any Such modification or annulment shall be without prejudice to the validity of anything previously done that rule.

———————

1. Ins. by Act No. 11of 1992.

2. Original Cl. (a) re-lettered as clause (ac) by Act No. 11of 1992.

3. Subs. by Act No. 11of 1992, for “rule”.

Schedule

THE SCHEDULE

[See Section 3 (1)]

(i) Reimbursement of medical expenses incurred up to a maximum of Rs. 12,500 in each case.

(ii) For fatal accidents the relief will be Rs. 25,000 per person in addition to reimbursement of medical expenses, if any, incurred on the victim up to a maximum of Rs.12,5000.

(iii) For permanent total or permanent partial disability or other injury or sickness, the relief will be (a) reimbursement of medical expenses incurred, if any, up to a maximum of Rs. 12,500 in each case and (b) cash relief on the basis of percentage of disablement as certified by an authorised physician. The relief for total permanent disability will be Rs.25,000.

(iv) For loss of wages due to temporary partial disability which reduces the earning capacity of the victim, there will be a fixed monthly relief not exceeding Rs.1,000 per month up to a maximum of 3 months: provided the victim has been hospitalized for a period exceeding 3 days and is above 16 years of age.

(v) Up to Rs. 6,000 depending on the actual damage, for any damage to private property.

The Prevention of Food Adulteration Act

November 30, 2014

Section 1. Short title, extent and commencement

(1) This Act may be called the Prevention of Food Adulteration Act, 1954.

(2) It extends to the whole of India ¹[* * *]

(3) It shall come into force on such date² as the Central Government may, by notification in the official Gazette, appoint.

——————–

1. The words “except the State of Jammu and Kashmir” omitted by the Act 41 of 197 1. Sec. 2 (w.e.f. 26tb January, 1972).

2. lst June, 1955; see notification No. S.R.O. 1085, dated 9th May 1955, Gazette of India, Pt. 11 Sec. 3, P. 874. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, Sec. 2 and Sch.1, to Pondicherry by Reg, 7 of 1963, Sec. 3 and Sch. 1, to Goa, Daman and Diu by Reg. 11 of 1963, Sec, 3 and Schedule and to Kohima and Mokokchung district in Nagaland by Act 24 of 1972, Sec. 2 (w.e. f. 1st April. 1973).

Section 2. Definitions

In this Act unless the context otherwise requires, –

¹[(i) “adulterant” means any material which is or could be employed for the purpose of adulteration;]

² [(i-a)] “adulterated”—an article of food shall be deemed to be adulterated-

(a) If the article sold by a vendor is not of the nature, substance or quality, demanded by the purchaser and is to his prejudice, or is not of the nature, substance or quality, which it purports or is, represented to be;

(b) If the article contains any other substance which affect, or if the article is so processed as to affect injuriously the nature, substance or quality thereof;

(c) If any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect injuriously the nature substance or quality thereof;

(d) If any constituent of the article has been wholly or in part abstracted so as to affect injuriously the nature, substance or quality thereof.

(e) If the article has been prepared, packed or kept under insanitary conditions whereby it has become contaminated or injurious to health;

(f) If the article consists wholly or in part of any filthy, putrid, ³[* * *], rotten, decomposed or diseased animal or vegetable substance or is insect-infested or is otherwise unfit for human consumption;

(g) If the article is obtained from a diseased animal;

(h) If the article contains any poisonous or other ingredient which renders it injurious to health:

(i) If the container of the article is composed, whether wholly or in part, of any poisonous or deleterious substance which renders its (contents injurious to health;

⁴[(j) If any colouring matter, other than that prescribed in respect thereof is present in the article, or if the amounts of the prescribed colouring matter which is present in the article are not within the prescribed limits of variability;]

(k) If the article contains any prohibited preservative or permitted preservative in excess of’ the prescribed limits;

⁵[(l) If’ the quality or purity of the article falls below the prescribed standards or its constituents are present in quantities not within the prescribed limits of variability but which renders it injurious to health;]

(m) If the quality or purity of the article falls below the prescribed standard or its constituents are present in quantities not within the prescribed limits of variability but which does not render it injurious to health:

Provided that, where the quality or purity of the article, being a primary food has fallen below the prescribed standards or its constituents are present in quantities not within the prescribed limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then, such article shall not be deemed to be adulterated within the meaning of this sub-clause.

Explanation. – Where two or more articles of primary food are mixed together and the resultant article of food-

(a) Is stored, sold or distributed under a name which denotes the ingredients thereof; and

(b) Is not injurious to health,

Then, such resultant article shall not be deemed to be adulterated within the meaning of this clause;

(ii) “Central Food Laboratory” means any laboratory or institute established or specified under Sec. 4;

(iii) “Committee” means the Central Committee for Food Standards constituted under Sec. 3;

(iv) “Director of the Central Food Laboratory” means the person appointed by the Central Government by notification in the Official Gazette as the Director of the Central Food Laboratory and includes any person appointed by the Central Government in like manner to perform all or any of the functions of the Director under this Act:

⁶[Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a Director under this clause;]

⁷[(v) “Food” means any article used as food or drink for human consumption other than drugs and water and includes,

(a) Any article, which ordinarily enters into, or is used in the composition or preparation of, human food,

(b) Any flavouring matter or condiments, and

(c) Any other article which the Central Government may, having regard to its use, nature, substance or quality declare, bv notification in the official Gazette, as food for the purposes of this Act;]

⁷[(vi) “Food (Health) Authority” means the Director of Medical and Health Services or the Chief Officer in-charge of health administration in a State, by whatever designation he is known, and includes any officer empowered by the Central Government or the State Government, by notification in the Official Gazette, to exercise the powers and perform the duties of the Food (Health) Authority under this Act with respect to such local area as may be specified in the notification;]

(vii) “Local area” means any area, whether urban or rural, declared by ⁸[the Central Government or the State Government] by notification the Official Gazette, to be a local area for the purposes of this Act;

(viii) “Local authority” means in the case of:

(1) A local area which is-

(a) A municipality, the municipal board or municipal corporation;

(b) A cantonment, the cantonment authority;

(c) A notified area, the notified committee;

(2) Any other area, such authority as may be prescribed by ⁹[the Central Government or the State Government] under this Act;

¹⁰[(viii-a) “Local (Health) Authority”, in relation to a local area, means the officer appointed bv the Central Government or the State Government by notification in the Official Gazette, to be in-charge of’ health administration in such area with such designation as may be specified therein;

(Viii-b) “Manufacture” includes any process incidental or ancillary to the manufacture of an article of food;]

(ix) “Misbranded”-an article of food shall be deemed to be, misbranded-

(a) If it is an imitation of, is a substitute for, or resembles in a manner likely to deceive, another article of food under the name of which it is sold, and is not plainly and conspicuously labelled so as to indicate its true character;

(b) If it is falsely stated to be the product of any place or country

(c) If’ it is sold by a name which belongs to another article of food;

(d) If’ it is so coloured, flavored or coated, powered or polished that the fact that the article damaged is concealed or if the article is made to appear better or of greater value than it really is;

(e) If false claims are made for it upon the label or otherwise;

(f) If, when sold in packages which have been sealed or prepared by or at the instance of the manufacturer or producer and which bear his name and address, the contents of each package are not conspicuously and correctly stated on the outside there of within the limits of variability prescribed under this Act:

(g) If the package containing it, or the label on the package bears any statement, design of device regarding the ingredients or the substances contained therein, which is false or misleading in any material particular, or if the package is otherwise deceptive with respect to its contents;

(h) If the package containing it or the label on the package bears the name of a fictitious individual or company as the manufacturer or producer of the article;

(i) If it purports to be, or is represented as being, for special dietarty uses, unless its label bears such information as may be prescribed concerning its vitamin, mineral, or other dietary properties in order sufficiently to inform its purchaser as to its value for such uses:

(j) If it contains any artificial flavouring, artificial colouring or chemical preservative, without a declaratory label stating that fact, or in contravention of the requirements of this Act or rules made thereunder;

(k) If it is not labelled in accordance with the requirements of this Act or rules made thereunder:

(x) “Package” means a box, bottle, gasket, tin, barrel, case, receptacle, sack, bag, wrapper or other thing in which an article of food is placed or packed;

(xi) “Premises” include any shop, stall or place where any article of food is sold or manufactured or stored for sale:

(xii) “Prescribed” means prescribed by rules made under this Act;

¹¹[xii-a) “Primary food” means any article of food, being a produce of agriculture or horticulture in its natural form;]

(xiii) “Sale” with its grammatical and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such article:

(xiv) “Sample” means a sample of any article of food taken under the provisions of this Act or any rules made thereunder:

(xv) The words “unwholesome” and “noxious” when used in relation to an article of food mean respectively that the article is harmful to health or repugnant to human use.

STATE AMENDMENT

Maharashtra. – In Sec. 2 of the Prevention of’ Food Adulteration Act. 1954 (37of] 1954) to Cl. (VI) the following proviso shall be added

“Provided that the Commissioner of Food and Drugs Administration Maharashtra State, appointed as such by the State Government shall on the commencement of the Prevention of Food Adulteration Maharashtra (Amendment) Act, 1969 (.XIII of 1970), be the Food (Health) Authority in the State of Maharashtra.” ¹²

In Cl. (viii). After sub-clause (2), the following proviso shall be added, namely:

“Provided that ‘local authority’ in the case of a local area in the State of Maharashtra, means such authority or officer of the State Government as the State Government may, by notification in the Official Gazette, appoint for the local area specified in the notification.”

——————–

1. Ins. by Act 34 of 1976, Sec. 2 (w.e.f. Ist. April, 1976).

2. Clause (f) renumbered as Cl. (i-a) by Sec. 2 ibid.

3. The word “disgusting” omitted by Sec. 2 ibid.

4. Subs. by Sec. 2 ibid, for the sub-clause (f) (w.e.f. Ist. April, 1976).

5. Subs. by ibid, for the sub-clause (i) (w.e.f. Ist. April, 1976).

6. Ins. by Act 34 of l976, Sec.2 (w.e.f. Ist April, 1976)

7. Subs. by ibid.

8. Subs. by Act 49 of 1964. Sec. 2 for “the State Government” (w.e.f. Ist. March, 1965).

9. Ins. by Act 34 of 1976 Sec. 2 (w.e.f. Ist. April, 1976).

10. Subs. by Act 49 of 1964. Sec. 2 for “the State Government” (w.e.f. Ist. March 1965.

11. Ins. by Act 34 of 1976. Sec. 2 (w.e.f. Ist. April, 1976).

12. Vide the Maharashtra Act, 1970 (XIII of 1970), published in the Maharashtra Government Gazette. Extraordinary, Pt. IV. No. 16 dated 12the. March, 1970).

Section 3. The Central Committee for Food Standards

(1) The Central Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Central Committee for Food Standards to advise the Central Government and the State Governments on matters arising out of the administration of this Act and to carry out the other functions assigned to it under this Act.

(2) The Committee shall consist of the following members, namely:

(a) The Director-General, Health Services, ex offlcio, who shall be the Chairman:

¹[(b) The Director of’ the Central Food Laboratory or, in a case where more than one Central Food Laboratory is established, the Directors of such Laboratories, ex officio;]

(c) Two experts nominated by the Central Government;

²[(d) One representative each of the Departments of Food and Agriculture in the Central Ministry of Food and Agriculture and one representative each of the Central Ministries of Commerce, Defence, Industry and Supply and Railways, nominated by the Central Government;]

(e) One representative each nominated by the Government of each ³[* * *] State;

(f) Two representatives nominated by the Central Government, to represent the, ⁴[Union territories];

⁴[(g) One representative each, nominated by the Central Government, to represent the agricultural, commercial and industrial interests;

(gg) Five representatives nominated by the Central Government to represent the consumer’s interests, one of whom shall be from the hotel industry;]

(h) One representative of the medical profession nominated by the Indian Council of Medical Research;

⁵[(i) One representative nominated by the Indian Standards Institution referred to in Cl. (e) of Sec. 2 of the Indian Standards Institution (Certification Marks) Act, 1952 (36 of 1952)].

(3) The members of the Committee referred to in Cls. (c), (d), (e), ⁶[ ⁷[(q), (gg),] (h), and (i)] of sub- section (2) shall, unless their seats become vacant earlier by resignation, death or otherwise, be entitled to hold office for three years and shall be eligible for re-nomination.

(4) The functions of the Committee may be exercised notwithstanding any vacancy therein.

(5) The Committee may appoint such and so many sub-committees as it deems fit and may appoint to them persons who are not members of the Committee to exercise such powers and perform such duties as may, subject to such conditions, if any, as the Committee may impose, be delegated to them by the Committee.

(6) The Committee, may, subject to the previous approval of the Central Government, make byelaws for the purpose of regulating its own procedure and the transaction of its business.

——————–

1. Subs. by Act 34 of- 1976. Sec.3 (w.e.f. Ist. April, 1976).

2. Subs. by Act 49 of- 1964. Sec. 3 (w.e.f. Ist. March. 1965).

3. The words and letters “Part A State and Part B” omitted by the Adaptation of Laws (No.3) Order. 1956.

4. Subs. by ibid, for “Part C States”.

5. Ins. by Act 49 of 1964. Sec. 3 (w.e. f. Ist March. 1965).

6. Subs. by Act 34 of 1976, Sec. 3, for Cl. (g) (w.e.f. Ist April, 1976).

7. Subs. by Act 49 of 1964 Sec. 3 for “(g) and (h)” (w.e.f. Ist March. 1965).

Section 3 A. Appointment of Secretary and other staff

¹[Appointment of Secretary and other staff. (1) The Central Government shall appoint a Secretary to the Committee who shall, under the control and direction of the Committee, exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Committee.

(2) The Central Government shall provide the Committee with such clerical and other staff as that Government considers necessary.]

——————–

1. Ins. by Act 34 of 1976, Sec. 4 (w.e.f. 1st April, 1976).

Section 4. Central Food Laboratory

¹[(1) The Central Government shall, by notification in the Official Gazette, establish one or more Central Food Laboratory or Laboratories to carry out the functions entrusted to the Central Food Laboratory by this Act or any rules made under this Act:

Provided that the Central Government may, by notification in the Official Gazette, also specify any laboratory or institute as a Central Food Laboratory for the purposes of this Act.]

(2) The Central Government may, after consultation with the Committee, make rules prescribing-

²[(a) The functions of Central Food Laboratory and the local area or areas within which such functions may be carried out;]

(b) The procedure for the submission to the said Laboratory of samples of articles of food for analysis or tests, the forms of the Laboratory’s reports thereon and. the fees payable in respect of such reports;

(c) Such other matters as may be necessary or expedient to enable the said Laboratory to carry out its functions.

STATE AMENDMENT

West Bengal. -To sub-section (1) of Sec. 4. The following proviso shall be added, namely:

“Provided that the State Government may with the prior approval of the Central Government, direct that the functions of the Central Food Laboratory and the Director may be carried out in West Bengal by such authority and such officer respectively, as may be specified the State Government by notification in the Official Gazette and any reference in this Act to the Central Food Laboratory or the Director shall then be construed to mean such authority or officer, as the case may be”, ³

——————–

1. Subs. by Sec. 5. Ibid. For sub-section (1) (w.e.f. I st April 1976).

2. Subs by Act 34 of 1976. Sec. 5, for, Cl. (a).

3. Vide West Bengal Act. 42 of 1973. Published in the Calcutta Gazette, Pt. III. No. 264. dated 29th April, 1974 (w.e.f. 29th April, 1974).

Section 5. Prohibition of import of certain articles of food

No person shall import, into India—

(i) Any adulterated food:

(ii) Any misbranded food:

(iii) Any article of food for the import of’ which a licence is prescribed, except in accordance with the conditions of the licence: and

(iv) Any article of food in contravention of any other provision of this Act or of any rule made thereunder.

Section 6. Application of law relating to sea customs and powers of Customs Officers

(1) The law for the time being in force relating to sea customs and to goods, the import of which is prohibited by See. 18 of the Sea Customs Act, 1878 (8 of 1878)¹ shall, subject to the provisions of Sec. 16 of this Act, apply, in respect of articles of food, the import of which is prohibited under Sec. 5 of this Act, and officers of Customs and officers empowered under that Act to perform the duties imposed thereby on a ²[Commissioner of Customs] and other officers of Customs shall have the same powers in respect of such articles of food as they have for the time being in respect of such goods as aforesaid.

(2) Without prejudice to the provisions of sub-section (1) the ³[Commissioner of Customs], or any officer of the Government authorised by the Central Government in this behalf, may detain any imported package which he suspects to contain any article of food the import of’ which is prohibited under Sec. 5 of this Act, and shall forthwith report such detention to the Director of the Central Food Laboratory and, if required by him, forward the package or send samples of any suspected articles of food found therein to the said Laboratory.

——————–

1. The said Act has been repealed by the Customs Act, 1962 {52 of 1962}, Sec. 160 and Schedule.

2. Subs. by Act 22 of 1995. Sec. 87.

3. The words “or” omitted by Act 34 of 1976, Sec. 6 {w.e.f. 1st April, 1976).

Section 7. Prohibitions of manufacture, sale, etc. of certain articles of food

No person shall himself or by any person on his behalf’ manufacture for sale, or store, sell or distribute-

(i) Any adulterated food:

(ii) Any misbranded food.

(iii) Any article of food for the sale of which a licence is prescribed, except in accordance with the conditions or the licence;

(iv) Any article of food the sale of which is for the time being prohibited by the Food (Health) Authority ¹[in the interest of public health;] ²[* * *]

(v) Any article of food in contravention of any other provision of’ this Act or of any rule made thereunder, ³[or]

¹[(vi) Any adulterant.

Explanation–For the purposes of this section, a person shall be deemed to store any adulterated food or misbranded food or any article of’ food referred to in Cl. (iii) of- Cl. (iu) it he stores such food for the manufacture there from of any article of food for sale.]

——————–

1. Subs. by Act 49 of 1964. Sec. 4 for certain words {w.e.f. 1st March 1965).

2. The words “or” omitted by Act 34 of 1976, Sec. 6 {w.e.f. 1st April, 1976).

3. Subs. by Act 49 of 1964.Sec. 5, for Secs. 8 and 9 (w.e. f. Ist March, 1965).

Section 8. Public Analysts

¹[Public Analysts. The Central Government or the State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be public analysts for such local area as may be assigned to them by the Central Government or the State Government as the case may be

Provided that no person who has any financial interest in the manufacture import or sale of any article of food shall be appointed to be a Public Analyst under this section:

¹[Provided further that different public Analysts may be appointed for different articles of food].

——————–

1. Subs. by Act 49 of 1964.Sec. 5, for Secs. 8 and 9 (w.e. f. Ist March, 1965).

Section 9. Food Inspectors

(1) The Central Government or the State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, leaving the prescribed qualifications to be Food Inspectors for such local areas as may be assigned to them by the Central Government or the State Government, as the case may be:

Provided that no person who has any financial interest in the manufacture import or sale of any article of food shall be appointed to be a Food Inspector under this section.

(2) Every Food Inspector shall be deemed to be a public servant within the meaning of Sec. 21 of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such authority as the Government appointing him, may specify in this behalf.

Section 10. Powers of Food Inspectors

(1) A Food Inspector shall have power-

(a) To take samples of any article of food from-

(i) Any person selling such article

(ii) Any person who is in the course of conveying, delivering or preparing to deliver such article to a purchaser or consignee:

(iii) A consignee after delivery of any such article to him and

(b) To send such sample for analysis to the Public Analyst for the local area within which such sample has been taken;

²[(c) With the previous approval of the Local (Health) Authority having jurisdiction in the local area, concerned, or with the previous approval of the Food (Health) Authority, to prohibit the sale of- any article of food in the interest of public health.]

³[Explanation-For the purposes of sub-clause (iii) of’ Cl. (a), consignee” does not include a person who purchases or receives any article of food for his own consumption.]

¹[(2) Any Food Inspector may enter and inspect any place where any article of food is manufactured, or stored for sale, or stored for the manufacture of any other article of food for sale, or exposed or exhibited for sale or where any adulterant is manufactured or kept, and take samples of such article of food or adulterant for analysis:

Provided that no sample of any article of food, being primary food, shall be taken under this sub-section if ‘it is intended for sale as such food].

(3) Where any sample is taken under Cl. (a) of sub-section (1) or sub-section (2), its cost calculated at the rate at which the article is usually sold to the public shall be paid to the person from whom it is taken.

(4) If any article intended for food appears to any Food Inspector to be adulterated or misbranded, he may seize and carry away or keep in the safe custody of the vendor such article in order that it may be dealt with as hereinafter provided; 2[and he shall, in either case, take a sample of’ such article and submit the same for analysis to a public analyst):

⁴[Provided that where the Food Inspector keeps such article in the safe custody of the vendor he may require the vendor to execute a bond for a sum of money equal to the value of such article with one or more securities as the Food Inspector deems fit and the vendor shall execute the bond accordingly.]

²[(4-A) Where any article of food seized under sub-section (4) is of a perishable nature and the local (Health) Authority is satisfied that such article of food is so deteriorated that it is unfit for human consumption, the said Authority may, after giving notice in writing to the vendor, cause the same to the destroyed.]

(5) The power conferred bv this section includes power to break open any package in which any article of food may be contained or to break open the door of any premises where any article of food may be kept for sale

⁵[Provided that the power to break open the package or door shall be exercised only after the owner or any other person in charge of the package or, as the ease may be, in Occupation of premises, if he is present therein, refuse,, to open the package or door on being called upon to do so, and in either case after recording the reasons for doing so :]

Provided further that the Food Inspector shall, in exercising the powers of entry upon, arid inspection of any place under this section, follow, as far as may be the provisions of the ⁶[Code of Criminal Procedure, 1973 (2 of 1974)], relating to the search or inspection of a place by a police officer executing a search-warrant issued under that Code.

(6) ⁷[Any adulterant found in the possession of a manufacturer or distributor of, or dealer in any article of food or in any of the premises occupied by him as such] and for the possession of which he is unable to account to the satisfaction of the Food Inspector and any books of account or other documents found in his possession or control and which would be useful for, or relevant to any investigation of proceeding under this Act, may be seized by the Food Inspector and a sample of such adulterant submitted for analysis to a public analyst :

⁸[Provided that no such books of account or other documents shall be seized by the Food Inspector except with the previous approval of the authority to which he is officially subordinated (7) Where the Food Inspector takes any action under Cl. (a) of subsection (1), sub-section (2), sub-section (4) or sub-section (6), he shall ⁹[call one or more persons to be present at the time when such action is taken and take his or their signatures].

¹⁰[(7-A) Where any books of account or other documents are seized under subsection (6), the Food Inspector shall within a period not exceeding thirty days from the date of seizure, return the same to the person from whom they were seized after copies thereof or extracts therefrom as certified by that person in such manner as may be prescribed have been taken:

Provided that where such person refuses to so certify, and a prosecution has been instituted against him under this Act, such books of account or other documents shall be returned to him only after copies thereof or extracts therefrom as certified by the Court have been taken.

(7-B) When any adulterant is seized under sub-section (6), the burden of proving that such adulterant is not meant for purposes of adulteration shall be on the person from whose possession such adulterant was seized.]

(8) Any Food Inspector i-nay exercise the powers of a police officer ¹¹[under Sec. 42 of the Code of Criminal Procedure, 1973 (2 of 1974)] for the purpose of ascertaining the true name and residence of the person from whom a sample is taken or an article of food is seized.

(9) Any Food Inspector exercising powers under this Act or under the rules made thereunder who-

(a) Vexatiously and without any reasonable grounds of suspicion seizes any article of food ¹¹[or adulterant]: or

(b) Commits any other act, to the injury of any person without having reason to believe that such act is necessary for the execution of his duty; Shall be guilty of an offence under this Act and shall be punishable for such offence ¹¹[with fine which shall not be less than five hundred rupees but which may extend to one thousand rupees].

——————–

1. Vinod Kumar v. State of Punjab, 1983 Cr. L.J.177 at p. 178 (P. & H.) I see also Hariram v. State of M.P., 1992 Cr.L.J.2135 at p. 3138 (M.P.) 1993 (1) E.F.R 160 at p. 168 (M.P); State of U.P. v Hanif. 1992 Cr.L.J. 1429 at {. 1431 (S.C.).

2. Subs. by Act 34 of 1976, Sec. 8 (w.e.f. I st April, 1976)

3. Ins. by Act 34 of 1976, Sec. 8 (w.e.f. I st April, 1976).

4. Ins. by Act 49 of 1964, Sec. 6 (w.e.f. Ist March. 1965).

5. Subs. by Act 34 of 1976. Sec. 8, for the first proviso (w.e.f. Ist April 1976).

6. Subs by ibid. for “the code of Criminal Procedure. 1898” (w.e.f. Ist April 1976).

7. Subs. by 34 of 1976. Sec. 8, for certain words (w.e.f. Ist April, 1976).

8. Subs. by ibid, for the former proviso (w.e.f. 1st April, 1976).

9. Subs. by Act of 1964, Sec. 6. For certain words (w.e.f. 1st March, 1965)

10. Ins. by Act 34 of 1976, Sec. 8 (w.e.f. 1st April, 1976).

11. Sadhram v. State of M.P.1995 (1) E.F.R. 638 at p. 639 (M.P.).

Section 11. Procedure to be followed by Food Inspectors

(1) When a Food Inspector takes a sample of food for analysis, he shall-

(a) Give notice in writing then and there of his intention to have it so analysed to the person from whom he has taken the sample and to the person, if any whose name, address and other particulars have been disclosed Sec. 14-A:

(b) Except in special cases provided by rules under this Act, divide the sample then and there into three part and mark and seal or fasten up each part in such a manner as its nature permits and take the signature or thumb impression of the person from whom the sample has been taken in such place and in such manner as maybe prescribed:

Provided that where such person refuses to sign or put his thumb impression the Food Inspector shall call upon one or more witnesses and take his or their signature or thumb impressions, as the case may be, in lieu of the signature or thumb impression of such person;

(C) (i) Send one of the parts for analysis to the public analyst under Intimation to the Local (Health) Authority: and

(ii) Send the remaining two parts to the Local (Health) Authority for the purposes of sub-section (2) of this section of sub-Sections (2-A) and (2-F,) of Sec.13.

(2) Where the part of the sample sent to the public analyst under sub- clause (i) of Cl. (c) of’ sub-section (1) is lost or damaged, the Local (Health) Authority shall, on a requisition made to it by the public analyst or the Food Inspector despatch one of the parts of the sample sent to it under sub- clause (ii) of the said C1. (C) To the public analyst for analysis.]

(3) When a sample of any article of food ¹[or adulterant] is taken under sub- section (1) or sub-section (2) of Sec. 10. ²[the Food Inspector shall, by the immediately succeeding working day, send a sample of the article of food or adulterant or both, as the may be,] in accordance with the rules prescrilbed for shambling to the public analyst for the local area concerned.

³[(4) An article of food seized under- sub-section (4) of See, 10,’Unless destroyed under sub-section (4-A) of that section, and any adulterant seized under sub-sections (6) of’ the section, shall be produced before a Magistrate as soon as possible and in any case not later than seven days after the receipt of the report of the public analyst].

Provided ⁴[* * *] that if an application is made to the Magistrate in this behalf by the person from whom any article of food has been seized, the Magistrate shall , by order in writing direct the Food Inspector to produce such article before him within such time as may be specified in

⁵[(5) If it appears to the Magistrate on taking such evidence as he may deem necessary-

(a) That the article of food produced before him under sub- section (4) is adulterated or misbranded he may order it-

(i) To be forfeited to’ the Central Government, the State Government or the local authority, as the case may be , or

(ii) To be destroyed at the cost of the owner or the person from whom it was seized so as to prevent its being used as human food; or

(iii) To be so disposed of’ as to prevent its being again exposed for sale or used for food under its deceptive name; or

(iv) To be returned to the owner, on his executing a bond with or without sureties, for being sold under its appropriate name or, where the Magistrate is satisfied that the article of food is capable of being made to conform to prescribed standards for human consumption after reprocessing, for being sold after reprocessing under the supervision of such officer as may be specified in the order;

(b) That the adulterant seized under sub-section (6) of Sec. 10 and produced before him is apparently of a kind which may be employed for purposes of adulteration and for the possession of which the manufacturer, distributor or dealer, as the case may be, is unable to account satisfactorily, he may order it to be forfeited to the Central Government, the State Government or the local authority, as the case may be.]

(6) ⁶[If it appears Io the Magistrate that- any such-

(a) Article of food is not adulterated: or

(b) Adulterant which is purported to be an adulterant is not an adulterant,

The person from whose possession the article of food or adulterant was taken] shall be entitled to have it restored to him and it shall be in the discretion of the Magistrate to award such person from such fund as the State Government may direct in this behalf, such compensation not exceeding the actual loss which he has sustained as the Magistrate may think proper.

STATE AMENDMENT

Maharashtra. – In Sec.11 of the principal Act in sub-section (5), in Cl. (a) for the words “local authority”. the words “State Government” shall be substituted. ⁷

——————–

1. Ins. by Act 34 of 1976, Sec.9 (w.e.f. Ist April 1976).

2. Subs. by ibid., (w.e.f.) Ist April, 1976) .

3. Subs. by ibid., Sec. 9 (w.e.f. Ist April. 1976), for sub –section (4)and first proviso.

4. The word “further’’ omitted by ibid., Act 34 of 1976. Sec 9 (w.e.f. Ist April , 1976).

5. Subs. by ibid., for the sub- section (5).

6. Subs. by Act 34 of 1976. Sec. 9. for certain words.

7. Vide Maharashtra Act, 1975 (L of 1975) ‘ published in the Maharashtra Government Gazette. Pt. IV, dated 16th’October. 1975 (‘W.e.f. 11th April, 1977).

Section 12. Purchaser may have food analysed

Nothing contained in this Act shall be held to prevent a purchaser of any article of food other than a Food Inspector ¹[or a recognised consumer association, whether the purchaser is a member of that association or not,] from having such article analysed by the public analyst on payment of such fees as may be prescribed and from receiving from the public analyst a report of’ his analysis:

Provided that ²[such purchaser or recognised consumer association shall inform the vendor at the time of purchase of his or its intention] to have such article so analysed provided further that the provisions of sub-sections (1), (2) and (3) of Sec. 11 shall, as far as may be, apply to a ³[purchaser of article of food or recognised consumer association who or which intends] to have such articles so analysed, as they apply to a Food Inspector who takes sample of food for analysis:

Provided also that if the report of the public analyst shows that the article of food is adulterated, the ⁴[purchaser or recognised consumer association shall be entitled to get refund of the fees paid by him or it] under this section.

⁵[Explanation. -For the purposes of this section and Sec. 20 recognised consumer association” means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956), or under any other law for the time being in force].

——————–

1. Ins. by Act 70 of 1986, Sec,. 2 (w.e.f. I st May, 11)87).

2. Subs. by Act 70 of 1986. Sec. 2, for words “such purchaser shall inform the vendor at the time of purchase of his intention.”

3. Subs. by Sec. 2, ibid. For the words purchaser of article. Of food who intends”.

4. Subs. by Sec. 2, ibid. for the words “purchaser shall be entitled to get refund of the fees paid by him”.

5. Ins. by Sec. 2. Ibid.

Section 13. Report of public analyst

¹[(1) The public analyst shall deliver, in such from as may be prescribed. a report to the Local (Health) Authority of the result of the analysis of any article of food submitted to him for analysis.

(2) On receipt of the report of the result of the analysis under subsection (1) to the effect that the article of food is adulterated the Local (Health) Authority shall, after the institution of prosecution against persons from whom the sample of the article of food was taken and the person, if any, whose name, address and other particulars have been disclosed under Sec. 14-A forward, in Such manner as may be prescribed, a copy of the report of the result of the analysis to such person or persons, as the case may be, informing such person or persons that if it is so desired, either or both of them may make an application to the Court within a period of ten days from the date of ‘receipt of the copy of the report to get the sample of the article of food kept by the Local (Health) Authority analysed by the Central Food Laboratory.

²(2-A) When an application is made to the Court under sub-section (2), the Court shall require the Local (Health) Authority to forward the parts of the sample kept by the said Authority and upon such requisition being made, the said Authority shall forward the part or parts of the sample to the Court within a period of five days from the date o receipt of such requisition.

(2-B) On receipt of the part or parts of the sample from the Local (Health) Authority under sub-section (2-A), the Court shall first ascertain that the mark and sea] or fastening as provided in Cl. (b) of sub-section (1) of Sec. 11 are intact and the signature or thumb impression, as the ease may be, is not tampered with, and despatch the part or, as the case may be, one of the parts of the sample under its own seal to the Director of the Central Food Laboratory who shall thereupon send a certificate to the Court in the prescribed form within one month from the date of receipt of the part of the sample specifying the result of the analysis.

(2-C) Where two parts of ‘the sample have been sent to the Court and only one part of- the sample has been sent by the Court to the Director of the Central Food Laboratory under subsection (2-B), the Court shall, as soon as practicable, return the remaining part to the Local (Health) Authority and that Authority shall destroy that part after the certificate from the Director of the Central Food Laboratory has been received by the Court:

Provided that where the part of the sample sent by the Court to Director of the Central Food Laboratory is lost or damaged, the Court shall require the Local (Health) Authority to forward the part of the sample, if any, retained by it to the Court and on receipt thereof the Court shall proceed in the manner provided in sub-section (2-B).

(2-D) Until the receipt of the certificate of the result of the analysis from the Director of the Central Food Laboratory, the Court shall not continue with the proceedings pending before it in relation to the prosecution.

(2-E) It, after considering the report, if any, of the Food Inspector or otherwise, the Local (Health) Authority is of the opinion that the report delivered by the public analyst under sub-section (1) is erroneous, the said Authority shall forward one of the parts of the sample kept by it to any other public analyst for analysis and if the report of the result of the analysis of that part of the sample by that other public analyst is to the effect that the article of food is adulterated, the provisions of sub-sections(2) to (2-D)) shall, so far as may be, apply.]

(3) The certificate issued by the Director of the Central Food Laboratory under sub-section (2-B) shall supersede the report given by the public analyst under subsection (1).

(4) Where a certificate obtained from the Director of the Central Food Laboratory ²[under sub- section (2-B)] is produced in any proceeding under this Act or under Sees. 272 to 276 of the Indian Penal Code (45 of 1860), it shall not be necessary in such proceeding to produce any part of the sample of food taken for analysis.

(5) Any document purporting to be a report signed by a public analyst, unless it has been superseded under sub-section (3), or any document purporting to be a certificate signed by the Director of the Central Food Laboratory, may be used as evidence of the facts stated therein in any proceeding under this Act or under Sees. 272 to 276 of the Indian Penal Code:

³[Provided that any document purporting to be a certificate signed by the Director of the Central Food Laboratory [not being a certificate with respect to the analysis of the part of the sample of any article of food referred to in the proviso to sub- section (I -A) of Sec. 161 shall be final and conclusive evidence of the facts stated therein.]

⁴[Explanation-In this section, and in Cl. (9 of sub-section (1) of Sec. 16, “Director of the Central Food Laboratory” shall include the officer I or the time being in charge of any Food Laboratory (by whatever designation he is known) recognised by the Central Government for the purposes of this section.

——————–

1. Subs. by Act 34 61’1 976. Sec. I 0. for sub-section (1) and (2) (w.e.f. I st April 1976).

2. Subs. by Act 34 of 1976. Sec.10 for under sub-section(2)” (w.e.f. I st April 1976).

3. Subs. by Act 34 of 1976. Sec. 10 for proviso (w .e . f. I st April 1976).

4. Ins. Ibid. (W.e.f. Ist April. 1976).

Section 14. Manufacturers, distributors, and dealers to give warranty

¹[Manufacturers, distributors, and dealers to give warranty. No ²[manufacturer or distributor of, or dealer in] any article of food shall sell such article to any vendor unless lie also gives a warranty in writing in the prescribed form about the nature and quality of such article to the vendor :

³[Provided that a bill, cash memorandum or invoice in respect of the sale of’ any article of food given by a manufacturer or distributor of, or dealer in such article to the vendor thereof shall be deemed to be a warranty given by such manufacturer, distributor or dealer under this section]

Explanation-In this section, in sub-section (2) of Sec. 19 and in Sec. 20-A, the expression “distributor” shall include a commission agent.

——————–

1. Subs. by Act 49 of 1964. Sec. 14 (w.e.f. Ist March 1965).

2. Subs. by Act 34 of 1976, Sec, 7 for Sec. (w.e.f. Ist April, 1976).

3. Ins, by ibid. For the proviso (w.e.f. . I st April 1976).

Section 14 A. Vendor to disclose the name, etc. of the person from whom the article of food was purchased

Every vendor of an article of food shall, if so required, disclose to the Food Inspector the name, address and other particular of the persons from whom he purchased the article of food.

Section 15. Notification of food poisoning

¹[The Central Government or the State Government] may, by notification in the Official Gazette, require medical practitioners carrying on their profession in any local area specified in the, notification to report all occurrences of food poisoning coming within their cognizance to such officer as may be specified in the notification.

——————–

1. Municipal Corporation of Delhi v. Ram Chand. (1985) I-F A.C 79 at P. 84 (Delhi).

Section 16. Penalties

¹[(1) Subject to the provisions of subsection (I -A) it any person, -

(a) Whether by himself or by any other person on his behalf, imports into India or manufactures for sale, or stores, sells or distributes any article of food—

(i) Which is adulterated within the meaning of sub-clause (m) Of Cl. (i-a) of Sec. 2 or misbranded within the meaning of Cl. (ix) Of that section or the sale of’ which is prohibited under any provision of this Act or any rule made thereunder or by an order of the Food (Health) Authority;

(ii) Other than an article of food referred to in sub-clause (i), in contravention of any of the provisions of this Act or of any rule made thereunder ; or

(b) Whether by himself or bv any other person on his behalf, imports into India or manufactures for sale, or stores, sells or distributes any adulterant which is not injurious to health; or

(c) Prevents a Food Inspector from taking a sample as authorised by this Act : or

(d) Prevents a Food Inspector from exercising any other power conferred on him by or under this Act : or

(e) Being a manufacturer of an article of food, has in his possession, or in any of- the premises occupied by him, any adulterant which is not injurious to health; or

(f) Uses any report or certificate of a test or analysis made by the Director of the Central Food Laboratory or by a public analyst or any extent thereof for the purpose of ‘advertising any article of food; or

(g) Whether by himself or by any other person on his behalf, gives to the vendor, a false warranty in writing in respect of any article of food sold by him, he shall, in addition to the penalty to which he may be liable under the provisions of Sec. 6, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years, and with fine which shall not be less than one thousand rupees’:

Provided that-

(i) If the offence is under sub-clause (i) of Cl. (a) and is with respect to an article of food, being primary food which is adulterated due to human agency or is with respect to an article of food which is misbranded within the meaning of sub-clause (k) of Cl. (ix) of Sec. 2or

(ii) If the offence is under sub-section (ii) of Cl. (a), but not being an offence with respect to the contravention of any rule made under Cl. (a) or Cl. (g) of sub-section (I-A) of See. 23 or under Cl. (b) of sub-section (2) of See 24,

The Court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term which shall not be less than three months but which may extend to two years, and with fine which shall not be less than five hundred rupees:

Provided further that if offence is under sub-clause (ii) of Cl. (a) and is with respect to the contravention of any rule made under Cl. (a) or Cl. (g) of sub-section (I -A) of Sec. 23 or under Cl. (b) of sub-section (2) of Sec. 24, the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees.]

²[(I-A) If ‘any person whether by himself or by any other person on his behalf, imports into India or manufactures for sale, or stores, sells or distributes, -

(i) Any article of food which is adulterated within the meaning of any of sub- clauses (e) to (1) (I-) both inclusive) of Cl. (i-a) of Sec. 2, or

(ii) Any adulterant which is injurious in addition to the penalty to which he may be liable under the provisions of’ Sec.6, be punishable with imprisonment for a term which shall not be less than one year but which may extend to six years and with fine which shall not be less than two thousand rupees :

Provided that if such article of food or adulterant when consumed by any person is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of Sec. 320 of the Indian Penal Code (45 of 1860), he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to term of life and with line which shall not be less than five thousand rupees.]

³[(i-AA) If any person in whose safe, custody any article of food has been kept under sub-section (4) of Sec. 10, tampers or in any manner interferes with such article, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which shall not less than one thousand rupees.]

⁴[(l -B) If any Person in whose safe, custody any article of food has been kept under sub- section (4) of ‘Sec. IO sells or distributes such article, which is found by the Magistrate before whom it is produced to be adulterated within the meaning of sub-clause (h) of Cl. (i-a) of Sec. 2 and which, when consumed by any person, is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of Sec. 320 of the Indian Penal Code (45 of 1860), then, notwithstanding anything contained in sub-section (I -AA), he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to term of life and with fine which shall not be less than five thousand rupees.]

(I-C) If any person contravenes the provisions of Sec. 14 or Sec. 14-A, he shall be punishable with imprisonment for a term, which may extend to six months and with fine, which shall not be less than five hundred rupees.

(I -D) If any person convicted of an offence under this Act commits a like offence afterwards, then, without prejudice to the provisions of’ sub-section (2), the Court, before which the second or subsequent conviction takes place, may order the cancellation of the licence, if any, granted to him under this Act and thereupon such licence shall, notwithstanding anything contained in this Act or in the rules made thereunder, stand cancelled.

(2) If any person convicted of an offence under this Act commits a like offence afterwards it shall be lawful for the Court before which the second or subsequent conviction takes place to cause the offender’s name and place of residence, the offence and the penalty imposed to be published at the offender’s expense in such newspapers or in such other manner as the Court may direct. The expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner- as a fine.

STATE AMENDMENT

West Bengal. -In Se. 16. -

(a) In sub-section (1),,for the words “a term which shall riot be less their? Six months but which may extend to six year. And with fine which shall not be less than one thousand rupees.” The world “ life and shall also be liable to fine” shall be substituted:

(b) In the proviso to sub-section (1) for the worlds “ the Court may for any adequate and special reasons to be mentioned in the judgment. Impose a sentence of imprisonment for a term of less than six months and fine of less than one thousand rupees”. The following words shall be substituted. namely:

“If the Court thinks that for any adequate and special reasons to be mentioned in the judgment a lesser sentence would serve the end of justice. The judgment the Court may impose a sentence which is less than a sentence of imprisonment for life.”

In subsection (I -B), _for the words “a term of six year and with fine which shall not be less than one thousand rupee.” the words “life and shall also be liable to fine” shall be substituted. ⁵

——————–

1. Subs. Act 34 of 1976, Sec. 12 (w.e.f. Ist April 1976),

2. Ins. by Act 34 of 1976. Sec. 12 (w.e.f.Ist April 1976).

3. Sub-section (1-A) renumbered (as sub- section I-AA) by Sec. 12 of the Act 34 of 1976 (w.e.f. 1st April. 1976 ).

4. Subs. by ibid. For sub-section (1-B) (w.e.f.1 st April. 1976).

5. Vide the West Bengal Act (XLIIof-1973) published in the Calcutta Gazette. Pt.11I No. 267. dated 29th April 1974.

Section 16 A. Power of Court to try cases summarily

¹[Power of Court to try cases summarily. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under subsection (1) of Sec. 16 shall be tried in a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of Secs. 262 to 265 (both inclusive) of the said Code shall, as far is may be, apply to such trial:

Provided that in the ease of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year:

Provided further that when at the commencement of, or in the course of a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence Of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.]

——————–

1. Ins. by Act 34 of 1976, Sec. 13 (w.e.f. lst April, 1976).

Section 17. Offences by companies

¹[Offences by companies. (1) Where an offence under this Act has been committed by a company-

(a) (i) The person, if any, has been nominated under sub-section (2)to be in charge of, and responsible to the company for the conduct of the business of the company (hereafter in this section referred to as the person responsible), or

(ii) Where no person has been so nominated, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company; and

(b) The company

Shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

(2) Any company may, by order in writing, authorise any of its directors or managers (such manager being employed mainly in a managerial or supervisory capacity) to exercise all such powers and take all such steps as may be necessary or expedient to prevent the commission by the company of any offence under this Act and may give notice to the Local (Health) Authority, in such form and in such manner as may be prescribed, that it has nominated such director or manager as the person responsible, along with the written consent of such director or manager for being so nominated.

Explanation-Where a company has different establishments or branches or different units in any establishment or branch, different persons may be nominated under this sub-section in relation to different establishments or branches or units and the person nominated in relation to any establishment, branch or unit shall be deemed to be the person responsible in respect of such establishment, branch or unit.

(3) The person nominated under sub-section (2) shall, until-

(i) Further notice cancelling such nomination is received from the company by the Local (Health) Authority; or

(ii) He ceases to be a director or, as the case may be, manager of the company: or

(iii) He makes a request in writing to the Local (Health) Authority, under intimation to the company, to cancel the nomination which request shall be complied with by the Local (Health) Authority, whichever is the earliest, continue to be the person responsible:

Provided that where such person ceases to be a director or, as the case may be, manager of the company, he shall intimate the fact of’ such cesser to the Local (Health) Authority:

Provided further that where such person makes a request under Cl. (iii) the Local (Health) Authority shall not cancel such nomination with effect from a date earlier than the date on which the request is made.

(4) Notwithstanding anything contained in the foregoing sub-sections, where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company not being a person nominated under subsection (2), such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation-For the purposes of this section, -

(a) “Company” means any body corporate and includes a firm or other association of individuals:

(b) “Director”, in relation to a firm, means a partner in the firm; and

(c) “Manager” in relation to a company engaged in hotel industry, includes the person in charge of the catering department of any hotel managed or run by it.

——————–

1. Subs. by Act 34 of 1976. Sec. 14, for Sec. 17 (w.e.f. 1st April 1976).

Section 18. Forfeiture of property

Where any person has been convicted under this Act for the contravention of any of the provisions of this Act or of any rule there under, the article of food in respect of which the contravention has been committed may be forfeited to the Government.

¹[Provided that where the Court is satisfied that the article of food is capable of being made to conform to prescribed standards for human consumption after reprocessing, the Court may order the article of food to be returned to the owner, on his executing a bond with or without sureties, or being sold, subject to the other provisions of this Act, after reprocessing under the supervision of such officer as may be specified therein.

——————–

1. Ins by Act 34 of 1976, Sec. 15 (w.e.f. 1st April 1976)

Section 19. Defences, which may or may not be allowed in prosecutions under this Act

(1) It shall be no defence in a prosecution for an offence pertaining to the sale of any Adulterated or misbranded article of food to allege merely that the vendor was ignorant of the nature, substance or quality of the food sold by him or that the purchaser having purchased any article for analysis was not prejudiced by the sale.

¹(2) A vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if lie proves-,

(a) That he purchased the article of- food–

(i) In a case where a licence is prescribed for the sale thereof, from a daily licensed manufacturer, distributor or dealer;

(ii) In any other case, from any manufacturer, distributor or dealer, with a written warranty in the prescribed form; and

(b) That the article of food while in his possession was property stored and That he sold it in the same State as he purchased it.]

(3) Any person by whom a warranty as is referred to, ²[in Sec. 14] is alleged to have been given shall be entitled to appear at the hearing and give evidence.

STATE AMENDMENTS

Uttar Pradesh. –After Sec. 19, the Allowing section shall be inserted. namely:

“19A.Burden of proof. –. When any article intended for food is seized from any person under sub-section (4) of ‘Sec I 0 by a Food inspector in the reasonable belief that the same is adulterated or misbranded, the burden of proving that Such article intended for food is not adulterated or. Misbranded shall be on the person from whose possess such article intended for food was seized. “³

West Bengal. -After Sec. 19. The, following section shall be inserted, namely: Burden-of–proof. -When any article intended for food is seized from any person in the reasonable belief that the same is adulterated or misbranded the burden of proving that such article intended for _food is not adulterated or misbranded shall be on the person from whose possession such article intended for food was seized.⁴

——————–

1. Subs. by Act 49 of 1964 sec 10 (w.e.f. 1st March. 1965).

2. Subs. by ibid for the words “in sub-section (2)” (w.e.f. 1st march, 1965).

3. Vide the Prevention of Adulterated of Food, Drugs and Cosmetics (Uttar Pradesh Amendment) Act. 1974 (U.P. Act No- 47 of 1975) (w.e f. 15th December, 1975).

4. Vide the West Bengal Act XLII of 19’73. published in the Calcutta Gazette, Pt. 111, No. 267, dated 29th April, 19,14 (w.e.f. 29tti April, 1974).

Section 20. Cognizance and trial of offences

¹[(1) No prosecution for an offence under this Act, not being an offence under this Sec. 14 or Sec. 14-A] shall be instituted except by, or with the written consent of, ²[the Central Government or the State Government ³[***] or a person authorised in this behalf by general or special order, by the Central Government or the State Government ²[***]:

Provided that a prosecution for an offence under this Act may be instituted by a purchaser ⁴[or recognisede consumer association] referred instituted to in Sec. 12 ⁵[if he or it produces] in Court a copy of the report of the public analyst along with the complaint.

⁶[(2) No Court interior to that of Metropolitan Magistrate or a, Judicial Magistrate of the first class shall try any offence under this Act.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence, punishable under sub-section (I -AA) of Sec. 16 shall be cognizable and non-bailable.]

STATE AMENDMENT

West Bengal. -For Sec. 20, the following section shall be inserted, namely:”20. Cognizance offences and arrest without warrant. -(1) All offences punishable under this Act shall be cognizable and non-bailable.

(2) Any police officer not below the rank of a Sub- Inspector of police may arrest without warrant any person against whom a reasonable complaint has been made or credible information has been received 0f his having been concerned in any of the offences punishable under this Act.” ⁷

——————–

1. Subs. by Act 34 of 1976, Sec. 16 (w.e.f. Ist, April 1976).

2. Subs by Act 49 to 1964, Sec. II for certain words (w.e.f. Ist March 1965).

3. The words “or a local Authority” emitted by Act 34 oi’1976, Sec. 16 I-or certain words (w.e.f. Ist April 1976).

4. Ins. by Act 70 of 1986, Sec. 3 (a) (w.e.f.Ist May, 1987).

5. Subs. by sec. 3 (b), ibid. (w.e.f. Ist May, for the words “if he produces”.

6. Subs. by Act 34 of 1976, sec. 16.

7. Vide the west Bangal Act (XLII of 1973), published in the Calcutta Gazette, pt. III. No.267, dated 29th April, 1974 (w.e.f.29th April, 1974).

Section 20 A. Power of Court to implead manufacturers, etc

¹[Power of Court to implead manufacturers, etc. Where at any time during the trial of any offence under this Act alleged to have been committed by any person, not being the manufacturer, distributor or dealer of any article of food, the Court is satisfied, on the evidence adduced before it, that such manufacturer, distributor or dealer is also concerned with that offence, then the Court may, notwithstanding anything contained in ²[sub-section (3) of Sec. 319 of the Code of Criminal Procedure, 1973 (2 of 1974)], or in Sec. 20 proceed against him as though a prosecution had been instituted against him under Sec. 20.]

——————–

1. Ins. by Act 49 of 1964, Sec. 12 (w.e.f. 1 st March, 1965).

2. Subs. by Act 34 of 1976, Sec. 17, for certain words (w.e.f. I st April. 1976).

Section 20 AA. Application of the Probation of Offenders Act, 1958 and Sec. 360 of the Code of Criminal Procedure, 1973

¹[Application of the Probation of Offenders Act, 1958 and Sec. 360 of the Code of Criminal Procedure, 1973. Nothing contained in the Probation of Offenders Act, 1958 (20 of 1958), or Sec. 360 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to a person convicted of an offence under this Act unless that person is under eighteen years of age.

——————–

1. Ins. by Act 34 of 1976 . Sec. 18 (w.e.f. 1st April, 1976).

Section 21. Magistrate’s power to impose enhanced penalties

¹[Magistrate’s power to impose enhanced penalties. Notwithstanding anything contained in Sec. 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate or any Judicial Magistrate of the first class to pass any sentence authorised by this Act, except a sentence of imprisonment for life or for a term exceeding six years, in excess of his powers under the said section.]

——————–

1. Subs. by Act 34 of 1976, sec 19 (w.e.f. 1st April, 1976)

Section 22. Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Section 22 A. Power of Central Government to give directions

¹[Power of Central Government to give directions. The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution of all or any of the provisions of this Act and the State Government shall comply with such directions.]

——————–

1. Ins. by Act 34 of- 1976. Sec. 20 (w.e.f. 1 st April, 1976).

Section 23. Power of the Central Government to make rules

¹(1) The Central Government may, after consultation with the Committee and after previous publication by notification in the Official Gazette, make rules to carry out the provisions of ‘this Act:

Provided that consultation with the Committee may be dispensed with if the Central Government is of the opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case, the Committee shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Committee may make in relation to the amendment, of the said rules.]

²[(1-A) ³[in particular arid without particular and without prejudice to the generality of the foregoing power, such rules may provide lot- all or any of the following matters, namely:]

(a) Specifying the article of food or classes of’ food for the import of which a licence is required] and prescribing the form and Conditions of’ such licence, the authority empowered to issue the same, ⁴[the fees payable therefor, the deposit of any sum as security for the performance of the conditions of the licence and the circumstances under which such licence or security may be cancelled or forfeited]:

(b) Defining the standards of quality for, and fixing the limits of variability permissible in respect of, any article of food:

(c) Laying down special provisions for imposing rigorous control over the production, distribution and sale of any article or class of articles of food which the Central Government may, by notification in the Official Gazette, specify in this behalf including registration of the premises where they are manufactured, maintenance of the premises in a sanitary condition and maintenance of the healthy state of human beings associated with the production, distribution and sale of such article or class or articles;

(d) Restricting the packing and labelling of any article of food arid the design of any such package or label with a view to preventing the public or the purchaser being deceived or misled as to the character, quality or quantity of the article or to preventing adulteration;

(e) Defining the qualifications, powers and duties of Food Inspectors and public analyst;

(ee) Defining the laboratories where samples of articles of food or adulterants may be analysed by public analyst under this Act;

(f) Prohibiting the sale or defining the conditions of sale of any substance which may be injurious to health when used as food or restricting in any manner its use as an ingredient in the manufacture or sale of any article of food

(g) Defining the conditions of sale or conditions for licence of sale of any article of food in the interest of public health

(h) Specifying the manner in which containers for samples of food purchased for analysis shall be sealed tip or fastened up

(hh) Defining the methods of ‘analysis:]

(i) Specifying a list of permissible preservatives, other than common salt arid sugar, which alone shall be used in preserved fruits, vegetables, or their products or any other article of food as well as the maximum amount of each preservative:

(j) Specifying the colouring matter and the maximum quantities therefor which may be used in any article of food;

(k) Providing for exemption from this Act or of any requirements contained there and subject to such condition, if any as may be Specified of any article or class of articles of food;

(l) Prohibiting or regulating the manufacture, transport or sale of any article known to be used as an adulterant of food;

(m) Prohibiting or regulating-

(i) The addition of any water, or other diligent or adulterant to any article of food;

(ii) The abstraction of-any ingredient from any article of food

(iii) The sale of any article of food to which such addition or from which such abstraction has been made or which has been otherwise artificially treated;

(iv) The mixing of two or more articles of food which are similar in nature or appearance, ,

(n) Providing for the destruction of such articles of food as are not in accordance with the provisions of this Act or of the rules made thereunder

⁵[(2) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days ⁶[which may be comprised in one session or in two or more successive sessions, and it before the expiry of ‘the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be: so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

——————–

1. Ins. by Act 34 of 1976, Sec. 21 (w.e.f. I st April 1976).

2. Remunerated by Act 34 of 1976, Sec. 21 (w.e.f. Ist April 1976).

3. Subs. by ibid, for certain words (w.e.f. Ist April, 1976).

4. Subs. by Act 49 of 1964, Sec.13. for the words and fees payable therefor” (w.e.f- Ist March, 1965).

5. Subs. by Act 49 of 19b4. NCC. 13 (w.e.f. lst March, 1965).

6. Subs. by Act 34 of 1976, Sec. 21, for certain words (w.e.f. Ist April, 1976).

Section 24. Power of the State Government to make rules

(1) The State Government may, after consultation with Committee and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act in i-natters not falling within the purview of Sec. 23.

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

(a) Define the powers and duties of the Food (Health) Authority, ¹[local authority and Local (Health) Authority under this Act ²[* * *]:

(b) Prescribe the forms of licences for the manufacture for sale, for the storage, for the sale and for the distribution of articles of food or any specified article of food or class of articles of food, the form of’ application for such licences the conditions subject to which such licences may be issued, the authority empowered to issue the same, ³[the fees payable therefor], the deposit of any sum as security for the performance of the conditions of the licences and the circumstances under which such licences or security ⁴[may be suspended, cancelled or forfeited]:

(c) Direct a fee to be paid for analysing any article of food or for any matter, for which a fee may be prescribed under this Act,

(d) Direct that the whole or any part of the fines imposed under this Act shall be paid to a local authority on realization

(e) Provide for the delegation of the powers and functions conferred by this Act on the State Government or the Food (Health) Authority to subordinate authorities or to local authorities.

(3) All rules made by the State Government under this Act, shall, as soon as possible after they are made, be laid before the respective State legislatures.

STATE AMENDMENT

Maharashtra. -In Sec. 24 o the principal Act, in sub -section (2), in Cl. (d) for the words “shall be paid to a local authority on realization”, the words “shall, on realization, be paid either to ct local authority. Or officer of the State Government is appointed, as the local authority, be credited to the Consolidated fund of the State” shall be substituted⁵.

——————–

1. Subs. by Act 34 of 1976, Sec. 22, for “and local authority”.

2. Certain words omitted by Act 49 of 1964, Sec. 14 (w.e.f. I st March 1965).

3. Subs. by ibid. for the words “and the fees payable therefor”.

4. Subs. by Act 34 of 1976, Sec. 22, for the words “may be cancelled for forfeited” (w.e.f. Ist April 1976),

5. Vide Maharashtra Act (I of 1975) published in the Maharashtra Government Gazette, Pt. IV, dated the 16th October 1975 (w.e.f. 11 Th April 1977).

Section 25. Repeal and saving

(1) It immediately before the commencement of this Act, there is in force in any State to which this Act extends any law Corresponding to this Act, that corresponding law shall upon such commencement stand repealed.

(2) Notwithstanding the repeal by this Act of any corresponding law, all rules, regulations and bye-laws relating to the prevention of adulteration of food made under such corresponding law and in force immediately before the commencement of this Act shall, except where and so far as they are inconsistent with or repugnant to the provisions of this Act, continue in force until altered, amended or repealed by rules made under this Act¹.

——————–

1. In its application to the State of Jammu and Kashmir in Sec. 25 after sub-section (2), the following sub-section shall be inserted, namely:

Plantation Labour Act

November 30, 2014

Preamble

[Act No. 69 of 1951]

AN ACT TO PROVIDE FOR THE WELFARE OF THE LABOUR, AND TO REGULATE THE CONDITIONS OF WORK, IN PLANTATIONS Be it enacted by Parliament in the fifth year of Republic of India as follows :

Section 1. Short title, extent, commencement and application.

(1) This Act may be called the Plantation Labour Act, 1951.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.

(4) It applies to the following plantations, that is to say, – (a) to any land used or intended to be used for growing tea, coffee, rubber cinchona or cardamom which admeasures 5 hectares or more and in which fifteen or more persons are employed or were employed on any day of the proceeding twelve months;

(b) to any land used or intended to be used for growing any other plant, which admeasures 5 hectares or more and in which fifteen or more persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the Central Government, the State Government, by notification in the official Gazette, so directs.

Explanation : Where any piece of land used for growing any plant, referred to in Cl. (a) or Cl. (b) of this sub-section admeasures less than 5 hectares and is contiguous to any other piece of land not being so used but capable of being so used, and both such piece of land are under the management of the same employer, then, for the purposes of this sub-section, the piece of land first mentioned shall be deemed to be a plantation, if the total area of the both such pieces of the land admeasures 5 hectares or more.

(5) The State Government may, by notification in the official Gazette, declare that all or any of the provision of this Act shall apply also to any land used or intended to be used for growing any plant referred to Cl. (a) or Cl. (b) of sub-section (4), notwithstanding that -

(a) it admeasures less than 5 hectares, or

(b) the number of persons employed therein is less than fifteen :

Provided that no such declaration shall be made in respect of such land which admeasured less than 5 hectares or in which less than fifteen persons were employed, immediately before the commencement of this Act.

Section 2. Definitions.

In this Act, unless the context otherwise requires, -

(a) “adolescent” means a person who has completed his fourteenth year but has not completed his eighteenth year :

(b) “adult” means a person who has completed his eighteenth year;

(c) “child” means a person who has not completed his fourteenth year;

(d) “day” means a period of twenty – four hours beginning at midnight;

(e) “employer”, when used in relation to a plantation, means the person who has the ultimate control over the affairs of the plantation, and where the affairs of any plantation are entrusted to any other person (whether called a managing agent, manager, superintendent or by other name) such other person shall be deemed to be the employer in relation to that plantation;

(ee) “family”, when used in relation to a worker, means – (i) his or her spouse, and

(ii) the legitimate and adopted children of the worker dependent upon him or her, who have not completed their eighteenth year. and includes, where the worker is a male, his parents dependent upon him.

(eee) “Inspector” means an inspector of plantations appointed under sub-section (1) of Sec. 4 and includes an additional inspector of plantations appointed under sub-section (1-A) of that section;

(f) “plantation” means any plantation to which this Act, whether wholly or in part, applies and includes offices, hospitals, dispensaries schools, and any other premises used for any purpose connected with such plantation, but does not include any factory on the premises to which the provisions of the Factories Act, 1948 (64 of 1948), apply.

(g) “prescribed” means prescribed by rules under this Act;

(h) “qualified medical practitioner” means a person holding a qualification granted by an authority specified or notified under Sec. 3 of the Indian Medical Degrees act, 1916 (7 of 1916), or specified in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956), and includes any person having a certificate granted any Provincial or State Medical Council Act;

(i) “wages” has the meaning assigned to it in Cl. (h) of Sec. 2 of the Minimum Wages Act, 1948 (11 of 1948).

(j) “week” means a period of seven days beginning at midnight on Saturday night or such other night as may be fixed by the State Government in relation to plantations in any area after such consultation as may be prescribed with reference to the plantations concerned in that area;

(k) “worker” means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical, but does not include – (i) a medical officer employed in the plantation;

(ii) any person employed in the plantation (including any member of the medical staff whose monthly wages exceed rupees seven hundred and fifty,

(iii) any person employed in the plantation primarily in a managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred and fifty; or

(iv) any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of buildings, roads, bridges, drains or canals;

(l) “young person” means a person who is either a child for an adolescent.

Section 3. Reference to time of day.

In this Act, references to time of day are references to Indian Standard Time being five and a half hours ahead of Greenwhich Means Time : Provided that for any area in which the Indian Standard Time is not ordinarily observed, the State Government may make rules – (a) specifying the area;

(b) defining the local mean time ordinarily observed therein; and

(c) permitting such time to be observed in all or any of the plantations situated in that area.

Section 3A. Appointment of registering officers.

The State Government may by notification in the official gazette, – (a) appoint such persons, being gazetted officers of Government, as it thinks fit, to be registering officers for the purpose of this chapter, and

(b) define the limits within which a registering officer shall exercise the powers and discharge the functions conferred or imposed on him by or under this chapter.

Section 3B. Registration of plantations.

(1) Every employer of the plantation, existing at the commencement of the Plantations Labour (Amendment) Act, 1981, shall within a period of sixty days of such commencement, and every employer of any other plantation coming into existence after such commencement shall, within a period of sixty days of the coming into existence of such plantation, make an application to the registering officer for the registration of such plantation : Provided that the registering officer may entertain any such application after the expiry of the period aforesaid if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period.

(2) Every applicant made under sub-section (1) shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed.

(3) After the receipt of an application under sub-section (1) the registering officer shall register the plantation.

(4) Where a plantation is registered under this section, the registering officer shall issue a certificate of registration to the employer thereof in such form as many be prescribed.

(5) Where, after the registration of a plantation under this section, any change occurs in the on ownership or management or in the extent of the area or other prescribed particulars in respect of such plantation, the particulars regarding such change shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed.

(6) Where as a result of any intimation received under sub-section (5), the registering officer is satisfied that the plantation is no longer required to be registered under this section, he shall, by order in writing, cancel the registration thereof and shall, as soon as practicable, cause such order to be published in any one newspaper in the language of, and having circulation in, the area where the plantation is situated.

Section 3C Appeals against order of registering officer.

(1) Any person aggrieved by the order of a registering officer under sub-section (6) of Sec. 3-B may, within thirty days of the publication of such order in the newspaper under that sub-section, prefer an appeal to such authority as may be prescribed. Provided that the appellate authority may entertain an appeal under this sub-section after the expiry of the aforesaid period if it is satisfied that the appellant was prevented by sufficient cause from referring the appeal within such period.

(2) After the receipt of an appeal under sub-section (1), the appellate authority may, after giving the appellant, the employer refereed to in sub-section (5) of Sec. 3-B and the registering officer an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible.

Section 3D. Power to make rules.

(1) State Government may, by notification in the official Gazette, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the fore-going power, such rules may provide for all or any of the following matters, namely :

(a) the form of application for the registration of a plantation, the particulars to be contained in such application and the fees to be accompanied along with such application;

(b) the form of the certificate of registration;

(c) the particulars regarding any change in respect of which intimation shall be given by the employer to the registering officer under sub-section

(5) of sec. 3-B and the form in which such change shall be intimated;

(d) the authority to which an appeal may be preferred under Sec. 3-C and the fees payable in respect of such appeal;

(e) the registers to be kept and maintained by the registering officer.

Section 4. Chief inspector and inspectors.

(1) The State Government may, by notification in the official Gazette, appoint for the State a duly qualified person to be the chief inspector of plantation and so many duly qualified person to be inspectors of plantation subordinate to the chief inspector as it thinks fit.

(1-A) The State Government may also, by notification in the official Gazette, appoint such officers of the State Government or of any local authority under its control, as it thinks fit, to be additional inspectors of plantation for all or any of the purpose of this Act.

(2) Subject to such rules as may be made in this behalf by the State Government, the chief inspector may declare the local area or areas within which, or the plantation with respect to which, inspectors shall exercise their powers under this Act, and may himself exercise the powers of an inspector within such limits as may be assigned to him by the State Government.

(3) The chief inspector and all inspectors shall be deemed to be public servants within the meaning of the Indian Penal Code, 1860 (45 of 1860).

Section 5. Power and functions of inspectors.

Subject to any rules made by the State Government in this behalf, an inspector may, within the local limits for which he is appointed – (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of the Act and of the rules made thereunder are being observed in the case of any plantation;

(b) with such assistants, if any, as he thinks fit, enter, inspect and examine any plantation or part thereof at any reasonable time for the purpose of carrying out the objects of this Act;

(c) examine the crops grown in any plantation or any worker employed therein or require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purpose of this Act;

(d) exercise such other powers as may be prescribed :

Provided that no person shall be compelled under this section to answer any question or make any statement tending to incriminate himself.

Section 6. Facilities to be afforded to inspectors.

Every employer shall afford the inspector all reasonable facilities for making any entry, inspection, examination or inquiry under this Act.

Section 7. Certifying surgeons.

(1) The State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such plantation or class of plantations or it may assign to them respectively.

(2) The certifying surgeon shall carry out duties as may be prescribed in connection with – (a) the examination and certification of workers;

(b) the exercise of such medical supervision as may be prescribed where adolescents and children are, or are to be; employed in any work in any plantation which is likely to cause injury to their health.

Section 8. Drinking water.

In every plantation effective arrangements shall be made by the employer to provide and maintain at convenient places in the plantation a sufficient supply of wholesome drinking water for all workers.

Section 9. Conservancy.

(1) There shall be provided separately for males and females in every plantation a sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible to workers employed therein.

(2) All latrines and urinals provided under sub-section (1) shall be maintained in a clean and sanitary condition.

Section 10. Medical facilities.

(1) In every plantation there shall be provided and maintained so as to be readily available such medical facilities for the workers and their families as may be prescribed by the State Government.

(2) If in any plantation medical facilities are not provided and maintained as required by sub-section (1) the chief inspector may cause to be provided therein such medical facilities and recover the cost thereof from the defaulting employer.

(3) For the purposes of such recovery the chief inspector may certify the costs to be recovered to the Collector, who may recover the amount as an arrear of land-revenue.

Section 11. Canteens.

(1) The State Government may make rules requiring that in every plantation wherein one hundred and fifty workers are ordinarily employed, one or more canteens shall be provided and maintained by the employer for the use of the workers.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for – (a) at date by which the canteen shall be provided :

(b) the number of canteens that shall be provided and the standards in respect of construction, accommodation, furniture and other equipments of the canteens;

(c) the foodstuffs which may be served therein and the charges which may be made therefor;

(d) the constitution of a managing committee for the canteen and the representation of the workers in the management of the canteen;

(e) the delegation to the chief inspector, subject to such conditions as may be prescribed, of the power to make rules under Cl. (c).

Section 12. Creches.

(1) In every plantation wherein fifty or more women workers (including women workers employed by any contractor) are employed or employed on any day of the preceding twelve months, or where the number of children of women workers (including women workers employed by any contractor) is twenty or more, there shall be provided and maintained by the employer suitable rooms for the use of children of such women workers.

Explanation : For the purposes of this sub-section (1-A) “children” means persons who are below the age of six years. (1-A) Notwithstanding anything contained in sub-section (1), if in respect of any plantation wherein less than fifty women workers (including women workers employed by any contractor) are employed or were employed on any day of the preceding twelve months, or where the number of children of such women workers is less than twenty, the State Government, having regard to the number of children of such women workers deems it necessary that suitable rooms for the use of such children should be provided and maintained by the employer, it may by order, direct the employer to provide and maintain such rooms and thereupon the employer shall be bound to comply with such direction.

(2) The rooms referred to in sub-section (1) or sub-section (1-A) shall : (a) provide adequate accommodation;

(b) be adequately lighted and ventilated;

(c) be maintained in a clean and sanitary conditions; and

(d) be under the charge of a woman trained in the care of children and infants.

(3) The State Government may make rules prescribing the location and the standards of the rooms referred to in sub-section (1) or sub-section (1-

A) in respect of their construction and the equipment and amenities to be provided therein.

Section 13. Recreational facilities.

The State Government may make rules requiring every employer to make provision in his plantation for such recreational facilities for the workers and children employed therein as may be prescribed.

Section 14. Educational facilities.

Where the children between the ages of six and twelve of workers employed in any plantation exceed twenty-five in number the State Government may make rules requiring every employer to provide educational facilities, for the children in suck manner and of such standard as may be prescribed.

Section 15. Housing facilities.

It shall be the duty of every employer to provide and maintain necessary housing accommodation, -

(a) for every worker (including his family) residing in the plantation;

(b) for every worker (including his family) residing outside the plantation, who has put in six months continuous service in such plantation and who has expressed a desire in writing to reside in the plantation :

Provided that the requirement of continuous service of six months under this clause shall not apply to a worker who is a member of the family of a deceased worker, who, immediately before his death, was residing in the plantation.

Section 16. Power to make rules relating to housing.

The State Government may make rules for the purpose of giving effect to the provisions of Sec. 15 and, in particular providing for – (a) the standard and specification of the accommodation to be provided;

(b) the selection and preparation of sites for the construction of houses and the size of such plot;

(c) the constitution of advisory boards consisting of representatives of the State Government, the employer and the workers for consultation in regard to matters connected with housing and the exercise by them of such powers, functions and duties in relation thereto as may be specified;

(d) the fixing of rent, if any, for the housing accommodation provided for workers;

(e) the allotment to workers and their families of housing accommodation and of suitable strips of vacant land adjoining such accommodation for the purpose of maintaining kitchen gardens, and for the eviction of workers and their families from such accommodation;

(f) access to the public to those parts of the plantation wherein the workers are housed.

Section 16A. Liability or employer in respect or accidents resulting from collapse of houses provided by him.

(1) If death or injury is caused to any worker or a member of his family as a result of the collapse of a house provided under Sec. 15, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensation.

(2) The provisions of Sec. 4 of, and Sch. IV to the Workmen’s Compensation Act, 1923 (8 of 1923), as in force for the time being, regarding the amount of compensation payable to a workman under that Act shall, so far as may be, apply for the determination of the amount of compensation payable under sub-section (1).

Section 16B. Appointment or commissioners.

The State Government may, by notification in the official Gazette, appoint as many persons, possessing the prescribed qualifications, as it thinks fit, to be commissioners to determine the amount of compensation payable under Sec. 16-A and may define the limits within which each such Commissioner shall exercise the powers and discharge the functions conferred or imposed on him by or under this Act.

Section 16C. Application for compensation.

An application for payment or compensation under Sec. 16-A may be made to the Commissioner, -

(a) by the person who has sustained the injury; or

(b) by any agent duly authorized by the person who has sustained the injury; or

(c) where the person who has sustained the injury is a minor, by his guardian; or

(d) where death has resulted out of the collapse of the house, by any dependent of the deceased or by any agent duly authorized by such dependent, or, if such dependant is a minor, by his guardian.

(2) Every application under sub-section (1) shall be in such form and shall contain such particulars as may be prescribed.

(3) No application for compensation under this section shall be entertained unless it is made within six months of the collapse of the house :

Provided that the Commissioner may, if he is satisfied that the applicant was prevented by sufficient cause from making the application within the aforesaid period of six months entertain such application within a further period of six months.

Explanation : In this section, the expression “dependant” has the meaning assigned to it in Cl. (d) of Sec. 2 of the Workmen’s Compensation Act, 1923 (8 of 1923).

Section 16D. Procedure and powers.

(1) On receipt of an application under Sec. 16-C, the Commissioner may make an inquiry into the matter covered by the application.

(2) In determining the amount of compensation payable under Sec. 16-A, the Commissioner may, subject to any rules that may be made in this behalf, follow such summary procedure as he thinks fit.

(3) The Commissioner shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely :

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

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents;

(f) any other matter which may be prescribed.

(4) Subject to any rules that may be made in this behalf, the Commissioner may, for the purpose of determining any claim or compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist him in holding the inquiry.

Section 16E. Liability to pay compensation, etc. To be decided by commissioner.

(1) Any question as to the liability of an employer to pay compensation under Sec. 16-A, or as to the amount thereof, or as to the person to whom such compensation is payable, shall be decided by the Commissioner.

(2) Any person aggrieved by a decision of the Commissioner refusing to grant compensation, or as to the amount of compensation granted to him, or to the apportionment thereof, may prefer an appeal to the High Court having jurisdiction over the place where the collapse of the house has occurred, within ninety days of the communication of the order of the Commissioner to such person : Provided that the High Court may entertain any such appeal after the expiry of the period aforesaid if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such period; Provided further that nothing in this sub-section shall be deemed to authorize the High Court to grant compensation in excess of the amount of compensation payable under Sec. 16-A.

(3) Subject to the decision of the High Court in cases in which an appeal is preferred under sub-section (2), the decision of the Commissioner under sub-section (1) shall be final and shall not be called in question in any Court.

Section 16F. Saving as to certain rights.

The right of any person to claim compensation under Sec. 16-A shall be without prejudice to the right of such person to recover compensation payable under any other law for the time being in force, but no person shall be entitled to claim compensation more than once in respect of the same collapse of the house.

Section 16G. Power to make rules.

The State Government may, by notification in the official Gazette, make rules for giving effect to the provisions of Secs. 16-A to 16-F (both inclusive).

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for -

(i) the qualifications and conditions of service of Commissioners;

(ii) the manner in which claims for compensation may be inquired into and determined by the Commissioner;

(iii) generally for the effective exercise of any powers conferred on the Commissioner.

Section 17. Other facilities.

The State Government may make Rules requiring that in every plantation the employer shall provide the workers with such number and type of umbrellas, blankets, rain coats or other like amenities for the protection of workers from rain or cold as may be prescribed.

Section 18. Welfare officers.

(1) In every plantation wherein three hundred or more workers are ordinarily employed the employer shall employ such number of welfare officers as may be prescribed.

(2) The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1).

State Amendments

Section 18-A. Chief inspector to provide facilities on default by employer.

If in any plantation, facilities are not provided or maintained by the employer as required by Sec. 8. Sec. 9 or Sec. 12 or Sec. 15 or the rules made under Sec. 11 or Sec. 14 or Sec, 17, the Chief Inspector may cause to be provided or maintained therein such facilities and recover the cost thereof from the defaulting employer :

Provided that before providing or maintaining such facilities the employer shall be given an opportunity of being heard.

(2) For the purpose of recovery of the cost under sub-section (1) the Chief Inspector may certify the amount to be recovered to the Collector, who may thereupon recover such amount as an arrear of land revenue. – Vide Kerala Act 25 of 1969, Secs. 2 and 3 (w.e.f. 1st December, 1969).]

Section 19. Weekly hours.

(1) Save as otherwise expressly provided in this Act, no adult worker shall be required or allowed to work on any plantation in excess of forty-eight hours a week and no adolescent of child for more than twenty seven hours a week.

(2) Where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than forty eight hours in any week, he shall, in respect of such overtime work, be entitled to twice the rates of ordinary wages :

Provided that no such worker shall be allowed to work for more than nine hours on any day and more than fifty-four hours in any week.

(3) For any work done on any closed holiday in the plantation or on any day of rest, a worker shall be entitled to twice the rates of ordinary wages as in the case of overtime work.

Section 20. Weekly holidays.

(1) The State Government may, by rules made in this behalf – (a) provide for a day of rest in every period of seven days which shall be allowed to all workers;

(b) provide for the conditions subject to which, and the circumstances in which, an adult worker may be required or allowed to work overtime.

(2) Notwithstanding anything contained in Cl. (a) of sub-section (1) where a worker is willing to work on any day of rest which is not a closed holiday in the plantation, nothing contained in this section shall prevent him from doing so :

Provided that in so doing a worker does not work for more than ten days consecutively without a holiday for a whole day intervening.

Explanation I : Where on any day a worker has been prevented from working in any plantation by reason of tempest, fire, rain or other nature causes, that day, may, if, he so desires be treated as his day of rest for the relevant period of seven days within the meaning of sub-section (1).

Explanation II : Nothing contained in this section shall apply to any worker whose total period of employment including any day spent on leave is less than six days.

Section 21. Daily intervals for rest.

The period of work on each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest for at least half an hour.

Section 22. Spread-over.

The period of work of an adult worker in a plantation shall be so arranged that inclusive of his interval for rest under Sec.21 it shall not spread over more than twelve hours including the time spent in waiting for work on any day.

Section 23. Notice of period of work.

(1) There shall be displayed and correctly maintained in every plantation a notice of periods of work in such form and manner as may be prescribed showing clearly for every day the periods during which the workers may be required to work.

(2) Subject to the other provisions contained in this Act, no worker shall be required or allowed to work in any plantation otherwise than in accordance with the notice of periods of work displayed in the plantation.

(3) An employer may refuse to employ a worker for any day if on that day he turns up for work more than half an hour after the time fixed for the commencement of the day’s work.

24. OMITTED BY ACT 61 OF SEC. 24(b), (W.E.F., 23RD DECEMBER, 1986).

Section 24. Omitted by act 61 of sec. 24(b), (w.e.f., 23rd december, 1986).

24. OMITTED BY ACT 61 OF SEC. 24(b), (W.E.F., 23RD DECEMBER, 1986).

Section 25. Night work for women and children.

Except with the permission of the State Government, no woman or child worker shall be employed in any plantation otherwise than between the hours of 6 A.M. and 7 P.M.

Provided that nothing in this section shall be deemed to apply to midwives and nurses employed as such in any plantation.

Section 26. Nonadult workers to carry to tokens.

No child and no adolescent shall be required or allowed to work in any plantation unless – (a) a certificate of fitness granted with reference to him under Sec. 27 is in the custody of the employer; and

(b) such child of adolescent carries with him while he is at work a token giving a reference to such certificate.

Section 27. Certificate of fitness.

(1) A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the employer or any other person on his behalf that such person will be employed in the plantation if certified to be fit for work, or on the application of the employer or any other person on his behalf with reference to any young person intending to work, examine such person and ascertain his fitness for work either as a child or as an adolescent.

(2) A certificate of fitness granted under this section shall be valid for a period of twelve months from the date thereof, but may be renewed.

(3) Any fee payable for a certificate under this section shall be paid by the employer and shall not be recoverable from the young person, his parents or guardian.

Section 28. Power to require medical examination.

An inspector may, if he thinks necessary so to do, cause any young person employed in a plantation to be examined by a certifying surgeon.

Section 29. Application of chapter.

(1) The provisions of this chapter shall not operate to the prejudice of any rights to which a worker may be entitled under any other law or under other terms of any award, agreement, or contract of service :

Provided that where such award, agreement or contract of service provides for a longer leave with wages than provided in this chapter the worker shall be entitled only to such longer leave.

Explanation : For the purpose of this chapter leave shall not, except as provided in Sec. 30, include weekly holidays or holidays for festivals or other similar occasions.

Section 30. Annual leave with wages.

(1) Every worker shall be allowed leave with wages for a number of days calculated at the rate of -

(a) if an adult, one day for every twenty days of work performed by him, and

(b) if a young person, one day for every fifteen days of work performed by him :

Explanation: For the purpose of calculating leave under this sub-section -

(a) any day on which no work or less than half a day’s work is performed shall not be counted, and

(b) any day on which half or more than half a day’s work is performed shall be counted as one day.

Explanation II : The leave admissible under this sub-section shall be exclusive of all holidays, whether occurring during, or at either end of, the period of leave.

(2) If a worker does not in any one period of twelve months take the whole of the leave allowed to him under sub-section (1) any leave not taken by him shall be added to the leave to be allowed to him under that sub-section in the succeeding period of twelve months.

(3) A worker shall cease to earn any leave under this section when the earned leave due to him amounts to thirty days.

(4) If the employment of a worker who is entitled to leave under this section is terminated by the employer before he has taken the entire leave to which he is entitled, the employer shall pay him the amount payable under Sec. 3 in respect of the leave not taken, and such payment shall be made before the expiry of the second working day after such termination.

Section 31. Wages during leave period.

(1) For the leave allowed to a worker under Sec. 30, he shall be paid, – (a) if employed wholly on a time-rate basis, at a rate equal to the daily wages payable to him immediately before the commencement of such leave under any law or under the terms of any award, agreement or contract of service, and (b) in other cases, including cases where he is, during the preceding twelve calendar months, paid partly on a time-rate basis and partly on a piece-rate basis, at the rate of the average daily wage calculated over the preceding twelve calendar months. Explanation : For the purposes of Cl.(b) of sub-section (1), the average daily wage shall be computed on the basis of his total full time earnings during the preceding twelve calendar months, exclusive of any overtime earnings of bonus, if any, but inclusive of dearness allowance.

(1-A) In addition to the wages for the leave period at the rates specified in sub-section (1), a worker shall also be paid the cash value of food and other concessions, if any, allowed to him by the employer in addition to his daily wages unless these concessions are continued during the leave period.

(2) A worker who has been allowed leave for lpa-35 any period not less than four days in the case of an adult and five days in the case of a young person under Sec. 30 shall, before his leave begins, be paid his wages for the period of the leave allowed.

Section 32. Sickness and maternity benefits.

(1) Subject to any rules that may be made in this behalf, every worker shall be entitled to obtain from his employer – in the case of sickness certified by a qualified medical practitioner, sickness allowance, at such rate, for such period and at such intervals as may be prescribed.

(2) The State Government may make rules regulating the payment of sickness allowance and any such rules may specify the circumstances in which such allowance shall not be payable or shall cease to be payable, and in framing any rules under this section the State Government shall have due regard to the medical facilities that may be provided by the employer in any plantation.

Section 32A. Notice of accident.

Where in any plantation, an accident occurs which causes death or which causes bodily injury to a worker by reason of which the worker injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such a nature as may be prescribed in this behalf, the employer thereof shall send notice thereof to such authorities, in such form, and within such time, as may be prescribed.

Section 32B. Register of accidents.

The employer shall maintain a register of all accidents which occur in the plantation in such form and in such manner as may be prescribed.

Section 33. Obstruction.

(1) Whoever obstructs an inspector in the discharge of his duties under this Act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination or inquiry authorised by ar under this Act in relation to any plantation, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

(2) Whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Section 34. Use of false certificate of fitness.

Whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under Sec. 27 a certificate granted to another person under that section, or having been granted a certificate of fitness to himself, knowingly allows it to be used, or allows an attempt to use it to be made by another person, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both.

Section 35 Contravention of provisions regarding employment of labour.

Whoever, except as otherwise permitted by or under this Act, contravenes any provision of this Act or of any rules made thereunder prohibiting, restricting or regulating the employment of persons in a plantation, shall be punishable with imprisonment for a term, which may extend to three months, or fine, which may extend to five hundred rupees, or with both.

Section 36. Other offences.

Whoever contravenes any of the provisions of this Act or of any rules made thereunder for which no other penalty is elsewhere provided by or under this Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Section 37. Enhanced penalty after previous conviction.

If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving a contravention of the same provision, he shall be, punishable on a subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both :

Provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished.

Section 37A. Power of court to make orders.

(1) Where an employer is convicted of an offence punishable under Sec. 36, the Court may, in addition to, awarding any punishment, by order in writing, require him within such period as may be specified in the order (which the Court may if it thinks fit and on an application made in this behalf by the employer, from time to time, extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed.

(2) Where an order is made under sub-section (1), the employer shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, as the case may be, specified by the Court, but if, on the expiry of such period or extended period, the order of the Court has not been fully complied with, the employer shall be deemed to have committed a further offence and he shall, on conviction, be punishable with imprisonment for a term which may extend to six months and with fine which may extend to three hundred rupees for every day after such expiry.

Section 38. Exemption of employer from liability in certain cases.

Where an employer charged with an offence under this Act, alleges that another person is the actual offender, he shall be entitled upon complaint made by him in this behalf to have, on giving to the prosecutor in this behalf three cleat days’ notice in writing of his intention so to do, that other person brought before the Court on the day appointed for the hearing of the case and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court that -

(a) he has used due diligence to enforce the execution of the relevant provisions of this Act; and

(b) that the other person committed the offence in question without his knowledge, consent or connivance; the said other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be acquitted :

Provided that – (a) the employer may be examined on oath and his evidence and that of any witness whom he calls in his support shall be subject to cross-examination on behalf of the person he charges to be the actual offender and by the prosecutor, and (b) if, inspite of due diligence, the person alleged as the actual offender cannot be brought before the Court on the day appointed for the hearing of the case, the Court shall adjourn the hearing thereof from time to time so, however, that the total period of such adjournment does not exceed three months, and if, by the end of the said period, the person alleged as the actual offender cannot still be brought before the Court, the court shall proceed to hear the case against the employer.

Section 39. Cognizance of offences.

No Court shall take cognizance of any offence under this Act except on complaint made by, or with the previous sanction in writing of, the chief inspector and no Court inferior to that of a presidency magistrate or a magistrate of the second class shall try any offence punishable under this Act.

Section 40. Limitation of prosecutions.

No court shall take cognizance of an offence punishable under this Act unless the complaint thereof has been made or is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector :

Provided that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

Section 41. Power to give directions.

The Central Government may give directions to the Government of any State as to the carrying into execution in the State of the provisions contained in this Act.

Section 42. Power to exempt.

The State Government may, by order in writing exempt, subject to such conditions and restrictions as it may thinks fit to impose, any employer or class of employers from all or any of the provisions of this Act :

Provided that no such exemption other than exemption from Sec. 19 shall be granted except with the previous approval of the Central Government.

Section 43. General power to make rules.

(1) The State Government may, subject to the condition of previous publication, make rules to carry out the purposes of this Act : Provided that the date to be specified under Cl. (3) of Sec. 23 of the General Clauses Act, 1978 (10 of 1978), shall not be less than six weeks from the date on which the draft of the proposed rules was published.

(2) In particular, and without prejudice to the generality of the foregoing power, any such rules may provide for -

(a) the qualifications required in respect of the chief inspector and inspector;

(b) the powers which may be exercised by inspectors and the areas in which and the manner in which such powers may be exercised;

(c) the medical supervision which may be exercised by certifying surgeons;

(d) the examination by inspectors or other persons of the supply and distribution of drinking water in plantations;

(e) appeals from any order of the chief inspector or inspector and the form in which, the time within which and the authorities to which, such appeal may be preferred;

(f) the time within which housing recreational, educational or other facilities required by this Act to be provided and maintained may be so provided;

(g) the types of latrines and urinals that should be maintained in plantations;

(h) the medical, recreational and educational facilities that should be provided in plantations;

(i) the form and manner in which notices of periods of work shall be displayed and maintained;

(j) the registers which should be maintained by the employers and the returns, whether occasional or periodical, as in the opinion of the State Government may be required for the purposes of this Act;

(k) the hours of work for a normal working day for the purpose of wages and overtime;

(l) any other matter which is required to be, or may be prescribed.

(3) All rules made under this Act shall, if made by any Government, other than the Central Government, by subject to the previous approval of the Central Government.

Appendix

In relation to the areas or establishments to which the Maternity Benefit Act, 1961 (53 of 1961) applies, Sec. 32 of the Plantations Labour Act, 1951, has been amended by Sec. 29 of the former Act as follows :

“29. Amendment of Act 69 of 1951. – In Sec. 32 of the Plantations Labour Act, 1951, – (a) in sub-section (1), the letter and brackets “(a)” before the words “in the case of sickness” the word “and” after the words “sickness allowance” and Cl. (b) shall be omitted;

(b) in sub-section (2), the word “or maternity” shall be omitted.

Constitution of India

November 29, 2014

Section 1. Name and territory of the Union

(1) India, that is Bharat, shall be a Union of States.

¹[(2) The States and Territories thereof shall be a specified in the First Schedule.]

(3) The Territory of the India shall comprise-

(a) the Territories of the States;

²[(b) the Union Territories specified in the First Schedule; and

(c) such other Territories as may be acquired;

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, Sec. 2, for clause (2).

2. 1. Subs. by the Constitution (Seventh Amendment) Act, 1956, Sec. 2, for sub-clause (b).

Section 2. Admission or establishment of new States

Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.

Section 2A. Sikkim to be associated with the Union

¹2A. [Sikkim to be associated with the Union.]

Rep. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

1. Ins. by the Constitution (Thirty-fifth Amendment) Act, 1974, s.2 (w.e.f. 1-3 1975).

Section 3. Formation of new States and alteration of areas, boundaries or names of existing States

Parliament may by law-

(a) Form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;

(b) Increase the area of any State;

(c) Diminish the area of any State;

(d) Alter the boundaries of any State;

(e) Alter the name of any State:

¹[Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States ²***, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.]

³[Explanation I.

In this article, in clauses (a) to (e), “State” includes a Union territory, but in the proviso, “State” does not include a Union territory.

Explanation II.

The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.]

1. Subs. by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso

2. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

3. Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2.

Section 4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters

(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.

(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Section 5. Citizenship at the commencement of the Constitution

At the commencement of this Constitution, every person who has his domicile in the territory of India and-

(a) Who was born in the territory of India; or

(b) Either of whose parents was born in the territory of India; or

(c) Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, Shall be a citizen of India.

Section 6. Rights of citizenship of certain persons who have migrated to India from Pakistan.

Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if-

(a) He or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and

(b) (i) In the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or

(ii) In the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:

Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.

(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes

Section 7. Rights of citizenship of certain migrants to Pakistan

Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:

Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

Section 8. Rights of citizenship of certain persons of Indian origin residing outside India

Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

Section 9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens

No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

Section 10. Continuance of the rights of citizenship

Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

Section 11. Parliament to regulate the right of citizenship by law

Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship

Section 12. Definition

In this Part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

Section 13. Laws inconsistent with or in derogation of the fundamental rights

(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law, which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

(3) In this article, unless the context otherwise requires, -

(a) “Law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;

(b) “Laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

¹[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.]

1. Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s.2.

Section 14. Equality before law

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Section 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-

(a) Access to shops, public restaurants, hotels and places of public entertainment; or

(b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

¹[(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.]

1. Added by the Constitution (First Amendment) Act, 1951, s. 2.

Section 16. Equality of opportunity in matters of public employment

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office ¹[under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointment or posts in favour of any backward class of citizen which, in the opinion of the State, is not adequately represented in the services under the State.

²[(4A) Nothing in this article shall prevent the State from making any provision for reservation ⁴[in matters of promotion to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.]

³[(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.]

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “under any State specified in the First Schedule or any local or other authority within its territory, any requirement as to residence within that State”.

2. Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995,s. 2. (w.e.f. 17-6-1995).

3. Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s.2 (w.e.f. 09-06-2000)

4. Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, sec. 2 (w.r.e.f. 17-6-1995).

Section 17. Abolition of Untouchability

“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability rising out of “Untouchability” shall be an offence punishable in accordance with law.

Section 18. Abolition of titles

(1) No title, not being a military or academic distinction, shall be conferred by the State.

(2) No citizen of India shall accept any title from any foreign State.

(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

Section 19. Protection of certain rights regarding freedom of speech, etc.

(1) All citizens shall have the right-

(a) To freedom of speech and expression;

(b) To assemble peaceably and without arms;

(c) To form associations or unions;

(d) To move freely throughout the territory of India;

(e) To reside and settle in any part of the territory of India; ¹[and]

(f) ²* * * * *

(g) To practise any profession, or to carry on any occupation, trade or business.

³[(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of ⁴[the sovereignty and integrity of India,] the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.]

(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of ⁴[the sovereignty and integrity of India or] public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of ⁴[the sovereignty and integrity of India or] public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

(5) Nothing in ⁵[sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, ⁶[nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to, -

(i) The professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or

(ii) The carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise].

1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979).

2. Sub-clause (f) omitted by s. 2, Constitution (Forty-fourth Amendment) Act, 1978 (w.e.f. 20-6-1979).

3. Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for cl. (2) (with retrospective effect

4. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 2.

5. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2, for “sub-clauses (d), (e) and (f)” (w.e.f. 20-6-1979)

6. Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for certain words.

Section 20. Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

Section 21. Protection of life and personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law.

Section 21A. Right to education

¹[21A. Right to education.

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.]

1. Ins. By the Constitution (Eighty-sixth Amendment) Act, 2002.

22. Protection against arrest and detention in certain cases

¹22. Protection against arrest and detention in certain cases.

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply-

(a) To any person who for the time being is an enemy alien; or

(b) To any person who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless-

(a) An Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:

Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or

(b) Such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.

(6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.

(7) Parliament may by law prescribe-

(a) The circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);

(b) The maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and

(c) The procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

1. On the enforcement of s. 3 of the Constitution (Forty-fourth Amendment) Act, 1978, art. 22 shall stand amended as directed in s. 3 of that Act. For the text of s. 3 of that Act, see Appendix III.

Section 23. Prohibition of traffic in human beings and forced labour

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

Section 24. Prohibition of employment of children in factories, etc.

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Section 25. Freedom of conscience and free profession, practice and propagation of religion.

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law-

(a) Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I. The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II. In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

Section 26. Freedom to manage religious affairs.

Subject to public order, morality and health, every religious denomination or any section thereof shall have the right-

(a) To establish and maintain institutions for religious and charitable purposes;

(b) To manage its own affairs in matters of religion;

(c) To own and acquire movable and immovable property; and

(d) To administer such property in accordance with law.

Section 27. Freedom as to payment of taxes for promotion of any particular religion

No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Section 28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions

(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

(2) Nothing in clause (1) shall apply to an educational institution, which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.

(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

Section 29. Protection of interests of minorities

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Section 30. Right of minorities to establish and administer educational institutions

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

¹[(1A) In making any law providing for the compulsory acquisition of any property of any educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.]

(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language ²[* * *]

1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 4 (w.e.f. 20-6-1979).

2. The sub-heading “Right to Property” omitted by s. 5, Constitution (Forty-fourth Amendment) Act, 1978 (w.e.f. 20-6-1979).

Section 31. Compulsory acquisition of property

Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).

Section 31A. Saving of laws providing for acquisition of estates, etc.

¹[Saving of Certain Laws]

²[31A. Saving of laws providing for acquisition of estates, etc.

³[(1) Notwithstanding anything contained in article 13, no law providing for-

(a) The acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or

(b) The taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or

(c) The amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or

(d) The extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or

(e) The extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by ⁴[article 14 or article 19]:

Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent:]

⁵[Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.]

(2) In this article, -

⁶[(a) The expression “estate” shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include-

(i) Any jagir, inam or muafi or other similar grant and in the States of ⁷[Tamil Nadu] and Kerala, any janmam right;

(ii) Any land held under ryotwari settlement;

(iii) Any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;]

(b) The expression “rights”, in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, ⁸[raiyat, under-raiyat] or other intermediary and any rights or privileges in respect of land revenue.]

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 3 (w.e.f. 3-1-1977).

2. Ins. by the Constitution (First Amendment) Act, 1951, s. 4 (with retrospective effect).

3. Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 3, for cl. (1) (with retrospective effect).

4. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7, for “article 14, article 19 or article 31″ (w.e.f. 20-6-1979).

5. Ins. by the Constitution (Seventeenth Amendment) Act, 1964, s. 2.

6. Subs. by s. 2, the Constitution (Seventeenth Amendment) Act, 1964, for sub-clause (a) (with retrospective effect).

7. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for “Madras” (w.e.f. 14-1-1969).

8. Ins. by the Constitution (Fourth Amendment) Act, 1955, s. 3 (with retrospective effect).

Section 31B. Validation of certain Acts and Regulations

¹[31B. Validation of certain Acts and Regulations.

Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or Tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.]

1. Ins. by the Constitution (First Amendment) Act, 1951, s. 5. (w.e.f. 8-6-1951)

Section 31C. Saving of laws giving effect to certain directive principles

¹[31C. Saving of laws giving effect to certain directive principles.

Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing ²[all or any of the principles laid down in Part IV] shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by ³[article 14 or article 19]; ⁴[and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy:

Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.]

1. Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s.3 (w.e.f. 20-4-1972).

2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for “the principles specified in clause (b) or clause (c) of article 39″ (w.e.f. 3-1-1977). Section 4 has been declared invalid by the Supreme Court in Minerva Mills Ltd. and Others Vs. Union of India and Others (1980) 2. S.C.C. 591.

3. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 8, for “article 14, article 19 or article 31″ (w.e.f. 20-6-1979).

4. In Kesavananda Bharati Vs. The State of Kerala, (1973) Supp. S.C.R.1, the Supreme Court held the provision in italics to be invalid.

Section 31D. Saving of laws in respect of anti-national activities

¹[31D. [Saving of laws in respect of anti-national activities.]

Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 2 (w.e.f. 13-4-1978).

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 5 (w.e.f. 3-1-1977).

Section 32. Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Section 32A. Constitutional validity of State laws not to be considered in proceedings under article 32

¹[32A. [Constitutional validity of State laws not to be considered in proceedings under article 32.]

Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978).

1. Ins. by s. 6, the Constitution (Forty-second Amendment) Act, 1976 (w.e.f. 1-2-1977).

Section 33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

¹[33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, -

(a) The members of the Armed Forces; or

(b) The members of the Forces charged with the maintenance of public order; or

(c) Persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or

(d) Persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c),

be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.]

1. Subs. by the Constitution (Fiftieth Amendment) Act, 1984, s. 2, for art. 33(w.e.f.11-9-1984).

Section 34. Restriction on rights conferred by this Part while martial law is in force in any area

Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

Section 35. Legislation to give effect to the provisions of this Part

Notwithstanding anything in this Constitution, -

(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws-

(i) With respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and

(ii) For prescribing punishment for those acts which are declared to be offences under this Part;

and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii);

(b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.

In this article, the expression “law in force” has the same meaning as in article 372.

Section 36. Definition

In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.

Section 37. Application of the principles contained in this Part

The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Section 38. State to secure a social order for the promotion of welfare of the people

¹[(1)] The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

²[(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.]

1. Art. 38 renumbered as cl. (1) thereof by the Constitution (Forty-fourth Amendment) Act, 1978, s. 9 (w.e.f. 20-6-1979).

2. Ins. by s. 9, the Constitution (Forty-fourth Amendment) Act, 1978 (w.e.f. 20-6-1979).

Section 39. Certain principles of policy to be followed by the State

The State shall, in particular, direct its policy towards securing-

(a) That the citizens, men and women equally, have the right to an adequate means of livelihood;

(b) That the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

(c) That the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

(d) That there is equal pay for equal work for both men and women;

(e) That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength

¹[(f) That children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.]

1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 7, for cl. (f) (w.e.f. 3-1-1977).

Section 39A. Equal justice and free legal aid

¹[39A. Equal justice and free legal aid.

The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.]

1. Ins. by s. 8, the Constitution (Forty-second Amendment) Act, 1976 (w.e.f. 3-1-1977).

Section 40. Organisation of village panchayats

The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

Section 41. Right to work, to education and to public assistance in certain cases

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Section 42. Provision for just and humane conditions of work and maternity relief

The State shall make provision for securing just and humane conditions of work and for maternity relief

Section 43. Living wage, etc., for workers

The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

Section 43A. Participation of workers in management of industries

¹[Participation of workers in management of industries.

The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.]

1. Ins. by the Constitution (Forty-second Amendment) Act,1976, sec.9 (w.e.f.3-1-1977).

Section 44. Uniform civil code for the citizens

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

Section 45. Provision for early childhood care and education to children below the age of six years

¹[45. Provision for early childhood care and education to children below the age of six years.

The State shall endeavours to provide early childhood care and education for all children until they complete the age of six years.]

1. Subs. by the Constitution (Eighty-sixth Amendment) Act, 2002 for “45. Provision for free and compulsory education for children.- The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.”

Section 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation

Section 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health

The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Section 48. Organisation of agriculture and animal husbandry

The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle

Section 48A. Protection and improvement of environment and safeguarding of forests and wild life

1[Protection and improvement of environment and safeguarding of forests and wild life.

The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.]

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976,sec. 10 (w.e.f. 3-1-1977).

Section 49. Protection of monuments and places and objects of national importance

It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, ¹[declared by or under law made by Parliament] to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for “declared by Parliament by law”.

Section 50. Separation of judiciary from executive

The State shall take steps to separate the judiciary from the executive in the public services of the State.

Section 51. Promotion of international peace and security

The State shall endeavour to- (a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and (d) encourage settlement of international disputes by arbitration.

Section 51A. Fundamental Duties

¹[PART IV-A

FUNDAMENTAL DUTIES

It shall be the duty of every citizens of India-

(a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

(b) To cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) To uphold and protect the sovereignty, unity and integrity of India;

(d) To defend the country and render national service when called upon to do so;

(e) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) To value and preserve the rich heritage of our composite culture;

(g) To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) To develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) To safeguard public property and to abjure violence;

(j) To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.]

²[(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years]

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 11 (w.e.f. 3-1-1977).

2. Ins. By the Constitution (Eighty-sixth Amendment) Act, 2002.

Section 52. The President of India

There shall be a President of India.

Section 53. Executive power of the Union

(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.

(3) Nothing in this article shall-

(a) Be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or

(b) Prevent Parliament from conferring by law functions on authorities other than the President.

Section 54. Election of President

The President shall be elected by the members of an electoral college consisting of-

(a) The elected members of both Houses of Parliament; and

(b) The elected members of the Legislative Assemblies of the States.

¹[Explanation. In this article and in article 55, State includes the National Capital Territory of Delhi and the Union territory of Pondicherry.]

1. Ins. by the Constitution (Seventieth Amendment) Act, 1992, s. 2 (w.e.f. 1-6-1995).

Section 55. Manner of election of President

(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.

(2) For the purpose of securing such uniformity among the States interest as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner: -

(a) Every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly;

(b) If, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one;

(c) Each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.

(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

¹[Explanation. In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year ²[2026] have been published, be construed as a reference to the 1971 census.]

1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 12, for the Explanation (w.e.f. 3-1-1977).

2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, sec. 2, for “2000” (w.e.f. 21-2-2002).

Section 56. Term of office of President

(1) The President shall hold office for a term of five years from the date on which he enters upon his office:

Provided that-

(a) The President may, by writing under his hand addressed to the Vice-President, resign his office;

(b) The President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61;

(c) The President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.

Section 57. Eligibility for re-election

A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.

Section 58. Qualifications for election as President

(1) No person shall be eligible for election as President unless he-

(a) Is a citizen of India?

(b) Has completed the age of thirty-five years, and

(c) Is qualified for election as a member of the House of the People.

(2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.

Explanation. For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor ¹[***] of any State or is a Minister either for the Union or for any State.

1. The words “or Rajpramukh or Uparajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 59. Conditions of President’s office

(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.

(2) The President shall not hold any other office of profit.

(3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

(4) The emoluments and allowances of the President shall not be diminished during his term of office.

Section 60. Oath or affirmation by the President

Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say-

“I, A.B., do (swear in the name of God/solemnly affirm) that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.”.

Section 61. Procedure for impeachment of the President

(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

(2) No such charge shall be preferred unless-

(a) The proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and

(b) Such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.

(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.

(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resoultion is so passed.

Section 62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy

(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.

(2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

Section 63. The Vice-President of India

There shall be a Vice-President of India.

Section 64. The Vice-President to be ex officio Chairman of the Council of States

The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other office of profit:

Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.

Section 65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President

(1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.

(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.

(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

Section 66. Election of Vice-President

(1) The Vice-President shall be elected by the ¹[members of an electoral college consisting of the members of both Houses of Parliament] in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

(2) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.

(3) No person shall be eligible for election as Vice-President unless he-

(a) Is a citizen of India?

(b) Has completed the age of thirty-five years; and

(c) Is qualified for election as a member of the Council of States.

(4) A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.

Explanation. For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor ²[***] of any State or is a Minister either for the Union or for any State.

1. Subs. by the Constitution (Eleventh Amendment) Act, 1961, s. 2, for “members of both Houses of Parliament assembled at a joint meeting”.

2. The words “or Rajpramukh or Uparajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 67. Term of office of Vice-President

The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:

Provided that-

(a) A Vice-President may, by writing under his hand addressed to the President, resign his office;

(b) A Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution;

(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Section 68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy

(1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term.

(2) An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

Section 69. Oath or affirmation by the Vice-President

Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say-

“I, A.B., do (swear in the name of God/solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”.

Section 70. Discharge of President’s functions in other contingencies

Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.

Section 71. Matters relating to, or connected with, the election of a President or Vice-President

¹[71. Matters relating to, or connected with, the election of a President or Vice-President.

(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final.

(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.

(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.

(4) The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.]

1. Art. 71 has been successively subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 2 (w.e.f. 10-8-1975) and the Constitution (Forty-fourth Amendment) Act, 1978, s.10, to read as above (w.e.f. 20-6-1979).

Section 72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence-

(a) In all cases where the punishment or sentence is by a Court Martial;

(b) In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

(c) In all cases where the sentence is a sentence of death.

(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.

(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor ¹[***] of a State under any law for the time being in force.

1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 73. Extent of executive power of the Union

(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend-

(a) To the matters with respect to which Parliament has power to make laws; and

(b) To the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement: Provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State ¹[***] to matters with respect to which the Legislature of the State has also power to make laws.

(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.

1. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitutuion (Forty-fourth Amendment) Act, 1978, s. 29 and Sch.

Section 74. Council of Ministers to aid and advise President

¹[(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:]

²[Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.]

(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 13, for cl.(1) (w.e.f. 3-1-1977).

2. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979).

Section 75. Other provisions as to Ministers

(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.

(2) The Ministers shall hold office during the pleasure of the President.

(3) The Council of Ministers shall be collectively responsible to the House of the People.

(4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.

(5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.

(6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.

Section 76. Attorney-General for India

(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.

(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

(3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.

(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.

Section 77. Conduct of business of the Government of India

(1) All executive action of the Government of India shall be expressed to be taken in the name of the President.

(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules ¹to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.

(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.

²[* * * ]

1. See Notifn. No. S.O. 2297, dated the 3rd November, 1958, Gazette of India, Extraordinary, 1958, Pt.II, s. 3 (ii), p.1315, as amended from time to time.

2. Cl.(4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 14 (w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 12 (w.e.f. 20-6-1979).

Section 78. Duties of Prime Minister as respects the furnishing of information to the President, etc.

It shall be the duty of the Prime Minister-

(a) To communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;

(b) To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and

(c) If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Section 79. Constitution of Parliament

There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.

Section 80. Composition of the Council of States

(1) ¹[²[***] The Council of States] shall consist of-

(a) Twelve members to be nominated by the President in accordance with the provisions of clause (3); and

(b) Not more than two hundred and thirty-eight representatives of the States 3[and of the Union territories].

(2) The allocation of seats in the Council of States to be filled by representatives of the States ³[and of the Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.

(3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: -

Literature, science, art and social service.

(4) The representatives of each State ⁴[***] in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.

(5) The representatives of the ⁵[Union territories] in the Council of States shall be chosen in such manner as Parliament may by law prescribe.

1. Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 3, for “The Council of States” (w.e.f. 1-3-1975).

2. The words “Subject to the provisions of paragraph 4 of the Tenth Schedule,” omitted by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

3. Added by the Constitution (Seventh Amendment) Act, 1956, s. 3.

4. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 3.

5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 3, for “States specified in Part C of the First Schedule”.

Section 81. Composition of the House of the People

¹[81. Composition of the House of the People.

(1) Subject to the provisions of article 331 ⁹[***],] the House of the People shall consist of-

(a) Not more than ²[five hundred and thirty members] chosen by direct election from territorial constituencies in the States, and

(b) Not more than ³[twenty members] to represent the Union territories, chosen in such manner as Parliament may by law provide.

(2) For the purposes of sub-clause (a) of clause (1), -

(a) There shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States; and

(b) Each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State:

⁴[Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions.]

(3) In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:

⁵[Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year ⁶[2026] have been published, ⁷[be construed, (i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and

(ii) for the purpose of sub-clause (b) of clause (2) as a reference to the ⁸[2001] census]]

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 4, for arts. 81 and 82.

2. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, “five hundred and twenty-five members” (w.e.f. 30-5-1987).

3. Subs. by the Constitution (Thirty-first Amendment) Act, 1973, s. 2, for “twenty-five members”.

4. Ins. by s. 2, the Constitution (Thirty-first Amendment) Act, 1973

5. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 15 (w.e.f. 3-1-1977).

6. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, sec. 3, for “2000” (w.e.f. 21-2-2002).

7. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, sec. 3, for “be construed as a reference to the 1971 census” (w.e.f. 21-2-2002).

8. Subs. by the Constitution (Eighty-Seventh Amendment) Act, 2003, for the words “1991”

9. The words and figure “and pargraph 4 of th Tenth Schedule” omitted by the Constitution (Thirty-sixth Amendment) Act, 1975, sec. 5 (w.e.f. 26-4-1975).

Section 82. Readjustment after each census

⁵[Readjustment after each census.

Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:

Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House:]

¹[Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment:

Provided also that until the relevant figures for the first census taken after the year ²[2026] have been published, it shall not be necessary to ³[readjust -

(i) the allocation of seats in the House of the People to the States as readjusted on the basis of the 1971 census; and

(ii) the division of each State into territory constituencies as may be readjusted on the basis of the ⁴[2001] census,

under this article]]

1. Ins. by s. 16, the Constitution (Forty-second Amendment) Act, 1976.

2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, sec. 4, for “2000” (w.e.f. 21-2-2002).

3. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, sec. 4, for certain words (w.e.f. 21-2-2002).

4. Subs. by the

Constitution (Eighty-Seventh Amendment) Act, 2003, for the words “1991”.

5. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 4, for article 82.

Section 83. Duration of Houses of Parliament

(1) The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.

(2) The House of the People, unless sooner dissolved, shall continue for ¹[five years] from the date appointed for its first meeting and no longer and the expiration of the said period of ¹[five years] shall operate as a dissolution of the House:

Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 13, for “six years” (w.e.f. 20-6-1979). The words “six years” were subs. for the original words “five years” by the Constitution (Forty-second Amendment) Act, 1976, s.17 (w.e.f. 3-1-1977).

Section 84. Qualification for membership of Parliament

A person shall not be qualified to be chosen to fill a seat in Parliament unless he-

¹[(a) Is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;]

(b) Is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and

(c) Possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

1. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 3 for cl. (a).

Section 85. Sessions of Parliament, prorogation and dissolution

¹[85. Sessions of Parliament, prorogation and dissolution.

(1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2) The President may from time to time-

(a) Prorogue the House or either House;

(b) Dissolve the House of the People.]

1. Subs. by the Constitution (First Amendment) Act, 1951, s. 6, for art. 85. (w. e. f.18/6/1951)

Section 86. Right of President to address and send messages to Houses

(1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members.

(2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.

Section 87. Special address by the President

(1) At the commencement of ¹[the first session after each general election to the House of the People and at the commencement of the first session of each year] the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons.

(2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address ²[***].

1. Subs. by s. 7, the Constitution (First Amendment) Act, 1951, for “every session”.

2. The words “and for the precedence of such discussion over other business of the House” omitted by the Constitution (First Amendment) Act, 1951, s. 7.

Section 88. Rights of Ministers and Attorney-General as respects Houses

Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote.

Section 89. The Chairman and Deputy Chairman of the Council of States.

(1) The Vice-President of India shall be ex officio Chairman of the Council of States.

(2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof.

Section 90. Vacation and resignation of, and removal from, the office of Deputy Chairman.

A member holding office as Deputy Chairman of the Council of States-

(a) Shall vacate his office if he ceases to be a member of the Council;

(b) May at any time, by writing under his hand addressed to the Chairman, resign his office; and

(c) May be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

Section 91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

(1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose.

(2) During the absence of the Chairman from any sitting of the Council of States the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.

Section 92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

(1) At any sitting of the Council of States, while any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the Deputy Chairman, is absent.

(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.

Section 93. The Speaker and Deputy Speaker of the House of the People.

The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.

Section 94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

A member holding office as Speaker or Deputy Speaker of the House of the People-

(a) Shall vacate his office if he ceases to be a member of the House of the People;

(b) May at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) May be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:

Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.

Section 95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker.

Section 96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

(1) At any sitting of the House of the People, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 95 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent.

(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

Section 97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker

There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule

Section 98. Secretariat of Parliament

(1) Each House of Parliament shall have a separate secretarial staff:

Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament.

(2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament.

(3) Until provision is made by Parliament under clause (2), the President may, after consultation with the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House of the People or the Council of States, and any rules so made shall have effect subject to the provisions of any law made under the said clause.

Section 99. Oath or affirmation by members

Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

Section 100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

(1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as Chairman or Speaker. The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

(3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House.

(4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.

Section 101. Vacation of seats

(1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.

(2) No person shall be a member both of Parliament and of a House of the Legislature of a State ¹[***], and if a person is chosen a member both of Parliament and of a House of the Legislature of ²[a State], then, at the expiration of such period as may be specified in rules ³made by the President, that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.

(3) If a member of either House of Parliament-

(a) Becomes subject to any of the disqualifications mentioned in ⁴[clause (1) or clause (2) of article 102], or

⁵[(b) Resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,] his seat shall thereupon become vacant:

⁶[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]

(4) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

1. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. Subs. by s. 29 and Sch., the Constitution (Seventh Amendment) Act, 1956, for “such a State”.

3. See the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry of Law Notification No. F.46/50-C, dated the 26th January, 1950, Gazette of India, Extraordinary, p.678

4. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 2, for “clause (1) of article 102″ (w.e.f. 1-3-1985).

5. Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 2, for sub-clause (b).

6. Ins. by s. 2, the Constitution (Thirty-third Amendment) Act, 1974.

Section 102. Disqualifications for membership

(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament-

(a) If he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;

(b) If he is of unsound mind and stands so declared by a competent court;

(c) If he is an undischarged insolvent;

(d) If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;

(e) If he is so disqualified by or under any law made by Parliament.

¹[Explanation. For the purposes of this clause] a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.

²[(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.]

1. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3 for “(2) For the purposes of this article” (w.e.f. 1-3-1985).

2. Ins. by s. 3, ibid. (w.e.f. 1-3-1985).

Section 103. Decision on questions as to disqualifications of members

¹[103. Decision on questions as to disqualifications of members.

(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.

(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.]

1. Art. 103 has been successively subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 20 (w.e.f. 3-1-1977) and the Constitution (Forty-fourth Amendment) Act, 1978, s. 14, to read as above (w.e.f. 20-6-1979).

Section 104. Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified

If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.

Section 105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof

(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.

(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, ¹[shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978].

(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.

1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 15, for certain words (w.e.f. 20-6-1979).

Section 106. Salaries and allowances of members

Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India

Section 107. Provisions as to introduction and passing of Bills

(1) Subject to the provisions of articles 109 and 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament.

(2) Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.

(3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.

(4) A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People.

(5) A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the Council of States, shall, subject to the provisions of article 108, lapse on a dissolution of the House of the People.

Section 108. Joint sitting of both Houses in certain cases

(1) If after a Bill has been passed by one House and transmitted to the other House-

(a) The Bill is rejected by the other House; or

(b) The Houses have finally disagreed as to the amendments to be made in the Bill; or

(c) More than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill: Provided that nothing in this clause shall apply to a Money Bill.

(2) In reckoning any such period of six months as is referred to in clause (1), no account shall be taken of any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive days.

(3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly.

(4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses:

Provided that at a joint sitting-

(a) If the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;

(b) If the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed

and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.

(5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein.

Section 109. Special procedure in respect of Money Bills

(1) A Money Bill shall not be introduced in the Council of States.

(2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States.

(3) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of the People.

(4) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.

(5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People.

Section 110. Definition of “Money Bills”

(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely: -

(a) The imposition, abolition, remission, alteration or regulation of any tax;

(b) The regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;

(c) The custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;

(d) The appropriation of moneys out of the Consolidated Fund of India;

(e) The declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

(f) The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

(g) Any matter incidental to any of the matters specified in sub-clauses (a) to (f).

(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final.

(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under article 109, and when it is presented to the President for assent under article 111, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill.

Section 111. Assent to Bills

When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom:

Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.

Section 112. Annual financial statement

(1) The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the “annual financial statement”.

(2) The estimates of expenditure embodied in the annual financial statement shall show separately-

(a) The sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of India; and

(b) The sums required to meet other expenditure proposed to be made from the Consolidated Fund of India, and shall distinguish expenditure on revenue account from other expenditure.

(3) The following expenditure shall be expenditure charged on the Consolidated Fund of India-

(a) The emoluments and allowances of the President and other expenditure relating to his office;

(b) The salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People;

(c) Debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;

(d) (i) The salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court;

(ii) The pensions payable to or in respect of Judges of the Federal Court;

(iii) The pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercised jurisdiction in relation to any area included in ¹[a Governor’s Province of the Dominion of India];

(e) The salary, allowances and pension payable to or in respect of the Comptroller and Auditor-General of India;

(f) Any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;

(g) Any other expenditure declared by this Constitution or by Parliament by law to be so charged.

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “a Province corresponding to a State specified in Part A of the First Schedule”(w. e. f. 19/10/1956).

Section 113. Procedure in Parliament with respect to estimates

(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates.

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People, and the House of the People shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the President.

Section 114. Appropriation Bills

(1) As soon as may be after the grants under article 113 have been made by the House of the People, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of India of all moneys required to meet-

(a) The grants so made by the House of the People; and

(b) The expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the statement previously laid before Parliament.

(2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.

(3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article.

Section 115. Supplementary, additional or excess grants

(1) The President shall-

(a) If the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or

(b) If any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People a demand for such excess, as the case any be.

(2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant.

Section 116. Votes on account, votes of credit and exceptional grants

(1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power-

(a) To make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 113 for the voting of such grant and the passing of the law in accordance with the provisions of article 114 in relation to that expenditure;

(b) To make a grant for meeting an unexpected demand upon the resources of India when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;

(c) To make an exceptional grant which forms no part of the current service of any financial year; and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of India for the purposes for which the said grants are made.

(2) The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure.

Section 117. Specaal provisions as to financial Bills

(1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States:

Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.

(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill.

Section 118. Rules of procedure

(1) Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.

(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.

(3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.

(4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside.

Section 119. Regulation by law of procedure in Parliament in relation to financial business

Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, and, if and so far as any provision of any law so made is inconsistent with any rule made by a House of Parliament under clause (1) of article 118 or with any rule or standing order having effect in relation to Parliament under clause (2) of that article, such provision shall prevail.

Section 120. Language to be used in Parliament

(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English:

Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue.

(2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom.

Section 121. Restriction on discussion in Parliament

No discussion shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided.

Section 122. Courts not to inquire into proceedings of Parliament

(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.

(2) No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

Section 123. Power of President to promulgate Ordinances during recess of Parliament

(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance-

(a) Shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and

(b) May be withdrawn at any time by the President. Explanation.

Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.

(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.

1. Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 16 (w.e.f. 20-6-1979).

Section 124. Establishment and constitution of Supreme Court

(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven¹ other Judges.

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:

Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted:

Provided further that-

(a) A Judge may, by writing under his hand addressed to the President, resign his office;

(b) A Judge may be removed from his office in the manner provided in clause (4).

²[(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.]

(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and-

(a) Has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or

(b) Has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or

(c) Is, in the opinion of the President, a distinguished jurist.

Explanation I. In this clause “High Court” means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.

Explanation II. In computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included.

(4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.

(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4).

(6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

(7) No person who has held office as a Judge of the Supreme court shall plead or act in any court or before any authority within the territory of India.

1. Now “twenty-five”, vide the Supreme Court (number of Judges) Amendment Act, 1986 (Act 22 of 1986).

2. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 2.

Section 125. Salaries, etc., of Judges

¹[(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.]

(2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule:

Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.

1. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 2, for cl. (1) (w.e.f. 1-4-1986).

Section 126. Appointment of acting Chief Justice

When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.

Section 127. Appointment of ad hoc, Judges

(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.

(2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court.

Section 128. Attendance of retired Judges at sittings of the Supreme Court

Notwithstanding anything in this Chapter, the Chief Justice of India may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court ¹[or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court] to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court:

Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do.

1. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 3.

Section 129. Supreme Court to be a court of record

The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

Section 130. Seat of Supreme Court

The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.

Section 131. Original jurisdiction of the Supreme Court

Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute-

(a) Between the Government of India and one or more States; or

(b) Between the Government of India and any State or States on one side and one or more other States on the other; or

(c) Between two or more States,

If and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:

¹[Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.]

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 5, for the proviso.

Section 131A. Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws

¹[131A. Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws.

[Rep. by the Constitution (Forty-third Amendment) Act, 1977 sec. 4 (w.e.f. 13-4-1978).]]

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23 (w.e.f. 1-2-1977).

Section 132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases

(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, ¹[if the High Court certifies under article 134A] that the case involves a substantial question of law as to the interpretation of this Constitution.

²[* * *]

(3) Where such a certificate is given, ³[***] any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided 3[***].

Explanation. For the purposes of this article, the expression “final order” includes an order deciding an issue, which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.

1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for “if the High Court certifies” (w.e.f. 1-8-1979).

2. Cl. (2) omitted by s. 17, the Constitution (Forty-fourth Amendment) Act, 1978 (w.e.f. 1-8-1979).

3. Certain words omitted by s. 17, the Constitution (Forty-fourth Amendment) Act, 1978 (w.e.f. 1-8-1979).

Section 133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

¹[(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India ²[if the High Court certifies under article 134A-]

(a) That the case involves a substantial question of law of general importance; and

(b) That in the opinion of the High Court the said question needs to be decided by the Supreme Court.]

(2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided.

(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.

1. Subs. by the Constitution (Thirtieth Amendment) Act, 1972, s. 2, for cl. (1) (w.e.f. 27-2-1973).

2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 18, for “if the High Court certifies-” (w.e.f. 1-8-1979).

Section 134. Appellate jurisdiction of Supreme Court in regard to criminal matters

(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court-

(a) Has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or

(b) Has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or

(c) ¹[certifies under article 134A] that the case is a fit one for appeal to the Supreme Court:

Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to such conditions as the High Court may establish or require.

(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law.

1. Subs. by s. 19, the Constitution (Forty-fourth Amendment) Act, 1978, for “certifies” (w.e.f. 1-8-1979).

Section 134A. Certificate for appeal to the Supreme Court

¹[134A. Certificate for appeal to the Supreme Court .

Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134, -

(a) May, if it deems fit so to do, on its own motion; and

(b) Shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence,

Determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case.]

1. Ins. by s. 20, the Constitution (Forty-fourth Amendment) Act, 1978 (w.e.f. 1-8-1979).

Section 135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.

Section 136. Special leave to appeal by the Supreme Court

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.

(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.

Section 137. Review of judgments or orders by the Supreme Court

Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.

Section 138. Enlargement of the jurisdiction of the Supreme Court

(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.

(2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.

Section 139. Conferment on the Supreme Court of powers to issue certain writs

Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32.

Section 139A. Transfer of certain cases

¹ [139A. Transfer of certain cases.

² [(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:

Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.]

(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.]

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 24 (w.e.f. 1-2-1977).

2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 21, for cl. (1) (w.e.f. 1-8-1979).

Section 140. Ancillary powers of Supreme Court

Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.

Section 141. Law declared by Supreme Court to be binding on all courts

The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Section 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order ¹prescribe.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

1. See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C.O. 47).

Section 143. Power of President to consult Supreme Court.

(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.

(2) The President may, notwithstanding anything in ¹[***] the proviso to article 131, refer a dispute of the kind mentioned in the 2[said proviso] to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.

1. The words, brackets and figure “clause (i) of” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. Subs. by s. 29 and Sch., the Constitution (Seventh Amendment) Act, 1956, for “said clause”.

Section 144. Civil and judicial authorities to act in aid of the Supreme Court

All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.

Section 144A. Special provisions as to disposal of questions relating to constitutional validity of laws

¹[144A. Special provisions as to disposal of questions relating to constitutional validity of laws.

[Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 25 (w.e.f. 1-2-1977).

Section 145. Rules of Court, etc.

(1) Subject to the provisions of any law made by Parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including-

(a) Rules as to the persons practising before the Court;

(b) Rules as to the procedure for hearing appeals and other mattters pertaining to appeals including the time within which appeals to the Court are to be entered;

(c) Rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III;

¹ [(cc) Rules as to the proceedings in the Court under 2[article 139A];]

(d) Rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134;

(e) Rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entered;

(f) Rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceedings therein;

(g) Rules as to the granting of bail;

(h) Rules as to stay of proceedings;

(i) Rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay;

(j) Rules as to the procedure for inquiries referred to in clause (1) of article 317.

(2) Subject to the ³ [provisions of ⁴ [***] clause (3)], rules made under this article may fix the minimum number of Judges who are to sit for any purpose, and may provide for the powers of single Judges and Division Courts.

(3) ⁵ [⁴ [***] The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under article 143 shall be five:

Provided that, where the Court hearing an appeal under any of the provisions of this Chapter other than article 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion.

(4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be made under article 143 save in accordance with an opinion also delivered in open Court.

(5) No judgment and no such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion.

1. Ins. by s. 26, the Constitution (Forty-second Amendment) Act, 1976 (w.e.f. 1-2-1977).

2. Subs. by the Constitution (Forty-third Amendment) Act, 1977, s. 6, for “articles 131A and 139A” (w.e.f. 13-4-1978).

3. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for “provisions of clause (3)” (w.e.f. 1-2-1977).

4. Certain words omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 6 (w.e.f. 13-4-1978).

5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for “The minimum number” (w.e.f. 1-2-1977).

Section 146. Officers and servants and the expenses of the Supreme Court

(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct:

Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission.

(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose:

Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.

(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund.

Section 147. Interpretation

In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder.

Section 148. Comptroller and Auditor-General of India

(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.

(2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

(3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule:

Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment.

(4) The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office.

(5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General.

(6) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the Consolidated Fund of India.

Section 149. Duties and powers of the Comptroller and Auditor-General

The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively.

Section 150. Form of accounts of the Union and of the States

¹[150. Form of accounts of the Union and of the States.

The accounts of the Union and of the States shall be kept in such form as the President may, ²[on the advice of] the Comptroller and Auditor-General of India, prescribe.]

1. Subs. by s. 27, the Constitution (Forty-second Amendment) Act, 1976, for art. 150 (w.e.f. 1-4-1977).

2. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 22, for “after consultation with” (w.e.f. 20-6-1979).

Section 151. Audit reports

(1) The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament.

(2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor ¹[***] of the State, who shall cause them to be laid before the Legislature of the State.

1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 152. Definition

Part VI The State ¹[***] Chapter I General

In this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir.

Section 153. Governors of States

There shall be a Governor for each State:

¹[Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.]

1. Added by s. 6, the Constitution (Seventh Amendment) Act, 1956

Section 154. Executive power of State

(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

(2) Nothing in this article shall-

(a) Be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or

(b) Prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.

Section 155. Appointment of Governor

The Governor of a State shall be appointed by the President by warrant under his hand and seal.

Section 156. Term of office of Governor

(1) The Governor shall hold office during the pleasure of the President.

(2) The Governor may, by writing under his hand addressed to the President, resign his office.

(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office:

Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Section 157. Qualifications for appointment as Governor

No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.

Section 158. Conditions of Governor’s office

(1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.

(2) The Governor shall not hold any other office of profit.

(3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

¹[(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.]

(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.

1. Ins. by s. 7, the Constitution (Seventh Amendment) Act, 1956.

Section 159. Oath or affirmation by the Governor

Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation in the following form, that is to say-

“I, A. B., do (swear in the name of God/solemnly affirm) that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of ………….(name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of …..(name of the State).”

Section 160. Discharge of the functions of the Governor in certain contingencies

The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter

Section 161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

Section 162. Extent of executive power of State

Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:

Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.

Section 163. Council of Ministers to aid and advise Governor

(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.

(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.

(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.

Section 164. Other provisions as to Ministers

(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minster, and the Ministers shall hold office during the pleasure of the Governor:

Provided that in the States of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.

1(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent of the total number of members of the Legislative Assembly of the State.

Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve:

Provided further that where the total number of Ministers Including the Chief MInister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent or the number specified in the first proviso, as the case may be, then the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date as the President may by public notification appoint.

(1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that house under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.]

(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.

(3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.

(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.

(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.

1. Ins. by the Constitution (Ninety-first Amendmen) Act, 2003, sec.3 (w.e.f.1/1/2004).

Section 165. Advocate-General for the State

(1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.

(2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.

Section 166. Conduct of business of the Government of a State.

(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.

(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.

(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.

¹[* * *]

1. Cl. (4) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 28 (w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 23 (w.e.f. 20-6-1979).

Section 167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.

It shall be the duty of the Chief Minister of each State-

(a) To communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation;

(b) To furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and

(c) If the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Section 168. Constitution of Legislatures in States.

(1) For every State there shall be a Legislature which shall consist of the Governor, and-

(a) In the States of ¹[***] Bihar, ²[***] ³[⁴[***] ⁵[Maharashtra], ⁶[Karnataka] and ⁷[***] 8[and Uttar Pradesh, two Houses;

(b) In other States, one House.

(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative

Assembly, and where there is only one House, it shall be known as the Legislative Assembly.

1. The words “Andhra Pradesh,” omitted by the Andhra Pradesh Legislatve Council Abolition) Act, 1985 (34 of 1985), s. 4 (w.e.f. 1-6-1985).

2. The word “Bombay” omitted by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1-5-1960).

3. No date has been appointed under s.8(2) of the Constitution (Seventh Amendment) Act, 1956, for the insertion of the words “Madhaya Pradesh” in this sub-clause.

4. The words “Tamil Nadu,” omitted by the Tamil Nadu Legislative Council (Abolition) Act, 1986 (40 of 1986), s. 4 (w.e.f. 1-11-1986).

5. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1-5-1960).

6. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 4, for “Mysore” (w.e.f. 1-11-1973), which was inserted by the Constitution (Seventh Amendment) Act, 1956, s. 8 (1).

7. The word “Punjab”, omitted by the Punjab Legislative Council (Abolition) Act 1969 (46 of 1969), sec.4 (w.e.f.7/1/1970).

8. Subs. by the West Bengal Legislative Council (Abolition) Act, 1969 (20 of 1969), sec.4, for “Uttar Pradesh and West Bengal” (w.e.f. 1/8/1969).

Section 169. Abolition or creation of Legislative Councils in States

(1) Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.

(2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.

(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Section 170. Composition of the Legislative Assemblies

¹[170. Composition of the Legislative Assemblies.

(1) Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.

(2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State.

²[Explanation. In this clause, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year ³[2026] have been published, be construed as a reference to the ⁴[2001] census.]

(3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:

Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly:]

⁵[Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment:

Provided also that until the relevant figures for the first census taken after the year ³[2026] have been published, it shall not be necessary to ⁶[readjust-

(i) the total number of seats in the Legislative Assembly of each State as readkisted pm the basis of the 1971 census; and

(ii) the division of such State into territorial constituencies as may be readjusted ion the basis of the ⁷[2001] census,

under this clause.]]

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 9, for art. 170.

2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 29, for the Explanation (w.e.f. 3-1-1977).

3. Subs. by the Constitution (Eighty-fourth Amendment) act, 2001, sec.5, for “2000” (w.e.f. 21/2/2002).

4. Subs. by the Constitution (Eighty-fourth Amendment) act, 2001, sec.5, for “1971” (w.e.f. 21/2/2002) and again subs. by the Constitution (Eighty- seventh Amendment) Act, 2003,for ‘1991’ (w.e.f. 22/6/2003).

5. Ins. by s. 29, the Constitution (Forty-second Amendment) Act, 1976 (w.e.f. 3-1-1977).

6. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, sec. 5, for “2000” (w.e.f. 21-2-2002).

7. Subs. by the Constitution (Eighty-Seventh Amendment) Act, 2003, for ‘1991’ (w.e.f. 22/6/2003).

Section 171. Composition of the Legislative Councils

(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed ¹[one third] of the total number of members in the Legislative Assembly of that State:

Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.

(2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).

(3) Of the total number of members of the Legislative Council of a State-

(a) As nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;

(b) As nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;

(c) As nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;

(d) As nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;

(e) The remainder shall be nominated by the Governor in accordance with the provisions of clause (5).

(4) The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.

(5) The members to be nominated by the Governor under sub-clause (e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: -

Literature, science, art, co-operative movement and social service.

1. Subs. by the Constitution (Seventh Amendment) Act,1956, sec.10, for “one-fourth”.

Section 172. Duration of State Legislatures

(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for ¹[five years] from the date appointed for its first meeting and no longer and the expiration of the said period of ¹[five years] shall operate as a dissolution of the Assembly:

Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

(2) he Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.

1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 24, for “six years” (w.e.f. 6-9-1979). The words “six years” were subs. for the original words “five years” by the Constitution (Forty-second Amendment) Act, 1976, s. 30 (w.e.f. 3-1-1977).

Section 173. Qualification for membership of the State Legislature

A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he-

¹[(a) Is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;]

(b) Is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and

(c) Possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

1. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 4, for cl.(a).

Section 174. Sessions of the State Legislature, prorogation and dissolution

¹[174. Sessions of the State Legislature, prorogation and dissolution.

(1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2) The Governor may from time to time-

(a) Prorogue the House or either House;

(b) Dissolve the Legislative Assembly.]

1. Subs. by the Constitution (First Amendment) Act, 1951, s. 8, for art. 174.

Section 175. Right of Governor to address and send messages to the House or Houses

(1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.

(2) The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.

Section 176. Special address by the Governor

(1) At the commencement of ¹[the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year], the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.

(2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address ²[***].

1. Subs. by s. 9, the Constitution (First Amendment) Act, 1951, for “every session”.

2. The words “and for the precedence of such discussion over other business of the House” omitted by s. 9, the Constitution (First Amendment) Act, 1951.

Section 177. Rights of Ministers and Advocate-General as respects the Houses

Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote.

Section 178. The Speaker and Deputy Speaker of the Legislative Assembly

Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.

Section 179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

A member holding office as Speaker or Deputy Speaker of an Assembly-

(a) Shall vacate his office if he ceases to be a member of the Assembly;

(b) May at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) May be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:

Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

Section 180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker

Section 181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent.

(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

Section 182. The Chairman and Deputy Chairman of the Legislative Council

The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.

Section 183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman

A member holding office as Chairman or Deputy Chairman of a Legislative Council-

(a) Shall vacate his office if he ceases to be a member of the Council;

(b) May at any time by writing under his hand addressed, if such member is the Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and

(c) May be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

Section 184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

(1) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member of the Council as the Governor may appoint for the purpose.

(2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.

Section 185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

(1) At any sitting of the Legislative Council, while any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 184 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy Chairman is absent.

(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

Section 186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule

Section 187. Secretariat of State Legislature

(1) The House or each House of the Legislature of a State shall have a separate secretarial staff:

Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature.

(2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State.

(3) Until provision is made by the Legislature of the State under clause (2), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said clause.

Section 188. Oath or affirmation by members

Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

Section 189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

(1) Save as otherwise provided in this Constitution, all questions at any sitting of a House of the Legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman, or person acting as such.

The Speaker or Chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

(3) Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or one-tenth of the total number of members of the House, whichever is greater.

(4) If at any time during a meeting of the Legislative Assembly or the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.

Section 190. Vacation of seats

(1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one house or the other.

(2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules ¹made by the President, that person’s seat in the Legislatures of all such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but one of the States.

(3) If a member of a House of the Legislature of a State.

(a) Becomes a subject to any of the disqualifications mentioned in ²[clause (1) or clause (2) of article 191]; or

³[(b) Resigns his seat by writing under his hand addressed to the speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be,]

His seat shall thereupon become vacant:

⁴[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]

(4) If for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:

Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

1. See the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry of Law Notification No. F.46/50-C, dated the 26th January, 1950, Gazette of India, Extraordinary, p.678

Section 191. Disqualifications for membership.

(1) A person shall be disqualifed for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State-

(a) If he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder;

(b) If he is of unsound mind and stands so declared by a competent court;

(c) If he is an undischarged insolvent;

(d) If he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;

(e) If he is so disqualified by or under any law made by Parliament.

¹[Explanation.- For the purposes of this clause], a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State.

²[(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule.]

1. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 5, for “(2) For the purposes of this article” (w.e.f. 1-3-1985).

2. Ins. by s. 5, the Constitution (Fifty-second Amendment) Act, 1985 (w.e.f. 1-3-1985).

Section 192. Decision on questions as to disqualifications of members.

¹[192. Decision on questions as to disqualifications of members.

(1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final.

(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.]

1. Art. 192 has been successively subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 33 (w.e.f. 3-1-1977) and the Constitution (Forty-fourth Amendment) Act, 1978, s. 25 to read as above (w.e.f. 20-6-1979).

Section 193. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.

If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.

Section 194. Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.

(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State.

(2) No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and, until so defined,¹[shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978].

(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature.

1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 26, for certain words (w.e.f. 20-6-1979).

Section 195. Salaries and allowances of members.

Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Legislative Assembly of the corresponding Province.

Section 196. Provisions as to introduction and passing of Bills.

(1) Subject to the provisions of articles 198 and 207 with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which has a Legislative Council.

(2) Subject to the provisions of articles 197 and articles 198 , a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses, either without amemdment or with such amendments only as are agreed to by both Houses.

(3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof.

(4) A Bill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly.

(5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly.

Section 197. Restriction on powers of Legislative Council as to Bills other than Money Bills.

(1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council-

(a) The Bill is rejected by the Council; or

(b) More than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or

(c) The Bill is passed by the Council with amendments to which the Legislative Assembly does not agree;

The Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council.

(2) If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council-

(a) The Bill is rejected by the Council; or

(b) More than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or

(c) The Bill is passed by the Council with amendments to which the Legislative Assembly does not agree;

The Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly.

(3) Nothing in this article shall apply to a Money Bill.

Section 198. Special procedure in respect of Money Bills.

(1) A Money Bill shall not be introduced in a Legislative Council.

(2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council.

(3) If the legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly.

(4) If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council.

(5) If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly.

Section 199. Definition of “Money Bills”.

(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely: -

(a) The imposition, abolition, remission, alteration or regulation of any tax;

(b) The regulation of the borrowing of money or the giving of any gurantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State;

(c) The custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or the withdrawal of moneys from any such Fund;

(d) The appropriation of moneys out of the Consolidated Fund of the State;

(e) The declaring of any expenditure to be expenditure charged on the Consolidated Fund of the State, or the increasing of the amount of any such expenditure;

(f) The receipt of money on account of the Consolidated Fund of the State or the public account of the State or the custody or issue of such money; or

(g) Any matter incidental to any of the matters specified in sub-clauses (a) to (f).

(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3) If any question arises whether a Bill introduced in the Legislature of a State which has a Legislative Council is a Money Bill or not, the decision of the Speaker of the Legislative Assembly of such State thereon shall be final.

(4) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under article 198, and when it is presented to the Governor for assent under article 200, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.

Section 200. Assent to Bills.

When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:

Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom:

Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.

Section 201. Bills reserved for consideration.

When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:

Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.

Section 202. Annual financial statement.

(1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the “annual financial statement”.

(2) The estimates of expenditure embodied in the annual financial statement shall show separately-

(a) The sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of the State; and

(b) The sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State;

And shall distinguish expenditure on revenue account from other expenditure.

(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State-

(a) The emoluments and allowances of the Governor and other expenditure relating to his office;

(b) The salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and, in the case of a State having a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council;

(c) Debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;

(d) Expenditure in respect of the salaries and allowances of Judges of any High Court;

(e) Any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;

(f) Any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged.

Section 203. Procedure in Legislature with respect to estimates.

(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legislature of any of those estimates.

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the Governor.

Section 204. Appropriation Bills.

(1) As soon as may be after the grants under article 203 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet-

(a) The grants so made by the Assembly; and

(b) The expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the statement previously laid before the House or Houses.

(2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.

(3) Subject to the provisions of article 205 and 206, no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accordance with the provisions of this article.

Section 205. Supplementary additional or excess grants.

(1) The Governor shall-

(a) If the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or

(b) If any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,

cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative assembly of the State a demand for such excess, as the case may be.

(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant.

Section 206. Votes on account, votes of credit and exceptional grants.

(1) Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative Assembly of a State shall have power-

(a) To make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 203 for the voting of such grant and the passing of the law in accordance with the provisions of article 204 in relation to that expenditure;

(b) To make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;

(c) To make an exceptional grant which forms no part of the current service of any financial year;

And the Legislature of the State shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of the State for the purposes for which the said grants are made.

(2) The provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure.

Section 207. Special provisions as to financial Bills.

(1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 199 shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council:

Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.

(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of a State shall not be passed by a House of the Legislature of the State unless the Governor has recommended to that House the consideration of the Bill.

Section 208. Rules of procedure.

(1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.

(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be.

(3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses.

Section 209. Regulation by law of procedure in the Legislature of the State in relation to financial business.

The Legislature of a State may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by the House or either House of the Legislature of the State under clause (1) of article 208 or with any rule or standing order having effect in relation to the Legislature of the State under clause (2) of that article, such provision shall prevail.

Section 210. Language to be used in the Legislature.

(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English:

Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mother-tongue.

(2) Unless the Legislature of the State by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom:

¹[Provided that in relation to the ²[Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura] this clause shall have effect as if for the words “fifteen years” occurring therein, the words “twenty-five years” were substituted:]

³[Provided further that in relation to the ⁴[Legislatures of the States of ⁵[Arunachal Pradesh, Goa and Mizoram]], this clause shall have effect as if for the words “fifteen years” occurring therein, the words “forty years” were substituted.]

1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971).

2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “Legislature of the State of Himachal Pradesh” (w.e.f. 21-1-1972).

3. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).

4. `Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for “Legislature of the State of Mizoram” (w.e.f. 20-2-1987).

5. Subs. by the Goa, Daman and Diu (Reorganisation) Act, 1987 (18 of 1987), s. 63, for “Arunachal Pradesh and Mizoram” (w.e.f. 30-5-1987).

Section 211. Restriction on discussion in the Legislature.

No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.

Section 212. Courts not to inquire into proceedings of the Legislature.

(1) The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure.

(2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

Section 213. Power of Governor to promulgate Ordinances during recess of Legislature.

(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:

Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if-

(a) A Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or

(b) He would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or

(c) An Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President.

(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance-

(a) Shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and

(b) May be withdrawn at any time by the Governor.

Explanation. Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.

(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void:

Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him.

1. Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 3 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 27 (w.e.f. 20-6-1979).

Section 214. High Courts for States.

¹[***] There shall be a High Court for each State.

²[***]

1. The brackets and figure “(1)” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. Cls. (2) and (3) omitted by s. 29 and Sch., the Constitution (Seventh Amendment) Act, 1956

Section 215. High Courts to be courts of record

Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

Section 216. Constitution of High Courts

Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.

¹[***]

1. Proviso omitted by s. 11, the Constitution (Seventh Amendment) Act, 1956.

Section 217. Appointment and conditions of the office of a Judge of a High Court

(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and ¹[shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of ²[sixty-two years]]:

Provided that-

(a) A Judge may, by writing under his hand addressed to the President, resign his office;

(b) A Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;

(c) The office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.

(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and-

(a) Has for at least ten years held a judicial office in the territory of India; or

(b) Has for at least ten years been an advocate of a High Court ³[***] or of two or more such Courts in succession; ⁴[***]

Explanation. For the purposes of this clause-

⁵[(a) In computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;]

⁶[(aa)] In computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person ⁷[has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law] after he became an advocate;

(b) In computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be.

⁸[(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.]

1. Subs. by s. 12, ibid., for “shall hold office until he attains the age of sixty years”.

2. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4, for “sixty years”.

3. The words “in any State specified in the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

4. The word “or” and sub-clause (c) were ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 36 (w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).

5. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).

6. Cl. (a) re-lettered as cl. (aa) by s. 28, the Constitution (Forty-fourth Amendment) Act, 1978. (w.e.f. 20-6-1979).

7. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 36, for “has held judicial office” (w.e.f. 3-1-1977).

8. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4 (with retrospective effect).

Section 218. Application of certain provisions relating to Supreme Court to High Courts

The provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court.

Section 219. Oath or affirmation by Judges of High Courts

Every person appointed to be a Judge of a High Court ¹[***] shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

1. The words “in a State” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 220. Restriction on practice after being a permanent Judge

¹[220. Restriction on practice after being a permanent Judge.

No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts.

Explanation. In this article, the expression “High Court” does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencement2 of the Constitution (Seventh Amendment) Act, 1956.]

1. Subs. by s. 13, the Constitution (Seventh Amendment) Act, 1956, for art. 220.

2. 1st November, 1956.

Section 221. Salaries, etc., of Judges

¹[(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.]

(2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule:

Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.

1. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 3, for cl. (1) (w.e.f. 1-4-1986).

Section 222. Transfer of a Judge from one High Court to another

(1) The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court ¹[***].

²[(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.]

1. The words “within the territory of India” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14.

2. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5. Original Cl. (2) was omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14.

Section 223. Appointment of acting Chief Justice

When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.

Section 224. Appointment of additional and acting Judges

¹[224. Appointment of additional and acting Judges.

(1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify.

(2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.

(3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of ²[sixty-two years].]

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 15, for art. 224.

2. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 6, for “sixty years”.

Section 224A. Appointment of retired Judges at sittings of High Courts

¹[224A. Appointment of retired Judges at sittings of High Courts.

Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:

Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.]

1. Ins. by s. 7, the Constitution (Fifteenth Amendment) Act, 1963.

Section 225. Jurisdiction of existing High Courts

Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution:

¹[Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.]

1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 29 (w.e.f. 20-6-1979). Original proviso was omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 37 (w.e.f. 1-2-1977).

Section 226. Power of High Courts to issue certain writs

¹[226. Power of High Courts to issue certain writs.

(1) Notwithstanding anything in article 32 ²[***] every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including ³[writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.]

(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.

⁴[(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without-

(a) Furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and

Section 226A. Constitutional validity of Central laws not to be considered in proceedings under article 226

¹[226A. Constitutional validity of Central laws not to be considered in proceedings under article 226.]

Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 8 (w.e.f. 13-4-1978).

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 39 (w.e.f. 1-2-1977).

Section 227. Power of superintendence over all courts by the High Court

¹[(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.]

(2) Without prejudice to the generality of the foregoing provision, the High Court may-

(a) Call for returns from such courts;

(b) Make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and

(c) Prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts.

(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein:

Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor.

Section 228. Transfer of certain cases to High Court

If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, ¹[it shall withdraw the case and ²*** may-]

(a) Either dispose of the case itself, or

(b) Determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.

1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 41, for “it shall withdraw the case and may-” (w.e.f. 1-2-1977)

2. The words, figures and letter “subject to the provisions of article 131A, “omitted by the Constitution (Forty-third Amendment) Act, 1977, s.9 (w.e.f. 13-4-1978).

Section 228A. Special provisions as to disposal of questions relating to constitutional validity of State laws

¹228A. Special provisions as to disposal of questions relating to constitutional validity of State laws.

Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 10 (w.e.f. 13-4-1978).

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 42 (w.e.f. 1-2-1977).

Section 229. Officers and servants and the expenses of High Courts.

(1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct:

Provided that the Governor of the State ¹[***] may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission.

(2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose:

Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State ¹[***].

(3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund.

1. The words “in which the High Court has its principal seat” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 230. Extension of jurisdiction of High Courts to Union territories.

¹[230. Extension of jurisdiction of High Courts to Union territories.

(1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.

(2) Where the High Court of a State exercises jurisdiction in relation to a Union territory,-

(a) Nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and

(b) The reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President.

1. Subs. by s. 16, the Constitution (Seventh Amendment) Act, 1956, for arts. 230, 231 and 232.

Section 231. Establishment of a common High Court for two or more States.

(1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory.

(2) In relation to any such High Court, -

(a) The reference in article 217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction;

(b) The reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the subordinate courts are situate; and

(c) The references in article 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat:

Provided that if such principal seat is in a Union territory, the references in article 219 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.]

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 16, for article 230.

Section 232. Omitted

Omitted vide Constitution (Seventh Amendment) Act, 1956

Section 233. Appointment of district judges.

(1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.

(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.

Section 233A. Validation of appointments of, and judgments, etc., delivered by, certain district judges.

¹[233A. Validation of appointments of, and judgments, etc., delivered by, certain district judges.

Notwithstanding any judgment, decree or order of any court, -

(a) (i) No appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that State, and

(ii) No posting, promotion or transfer of any such person as a district judge,

Made at any time before the commencement of the Constitution (Twentieth Amendment) Act, 1966, otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions;

(b) No jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any State otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.]

1. Ins. by the Constitution (Twentieth Amendment) Act, 1966, s. 2.

Section 234. Recruitment of persons other than district judges to the judicial service.

Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.

Section 235. Control over subordinate courts.

The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law

Section 236. Interpretation.

In this Chapter-

(a) The expression “district judge” includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, session’s judge, additional sessions judge and assistant sessions Judge;

(b) The expression “judicial service” means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.

Section 237. Application of the provisions of this Chapter to certain class or classes of magistrates.

The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.

Section 238. Repealed.

[The States in Part B of the First Schedule]. Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 239. Administration of Union territories.

¹ [239. Administration of Union territories.

(1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.

(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.

2. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 17, for art. 239.

Section 239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.

¹[239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories.

(1) Parliament may by law create ²[for the Union territory of Pondicherry]-

(a) A body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or

(b) A Council of Ministers,

Or both with such constitution, powers and functions, in each case, as may be specified in the law.

(2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.]

1. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4.

2. Subs. by the Goa, Daman and Diu Reoranisation Act, 1987 (18 of 1987), s. 63, for “for any of the Union territories of Goa, Daman and Diu and Pondicherry” (w.e.f. 30-5-1987).

Section 239AA. Special provisions with respect to Delhi.

¹[239AA. Special provisions with respect to Delhi.

(1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi shall be called the National Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor.

(2) (a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory.

(b) The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament.

(c) The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory, Legislative Assembly of the National Capital Territory and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively; and any reference in articles 326 and 329 to “appropriate Legislature” shall be deemed to be a reference to Parliament.

(3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories except matters with respect to Entries 1, 2 and 18 of the State List and Entries 64, 65 and 66 of that List in so far as they relate to the said Entries 1, 2, and 18.

(b) Nothing in sub-clause (a) shall derogate from the powers of Parliament under this Constitution to make laws with respect to any matter for a Union territory or any part thereof.

(c) If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly, then, in either case, the law made by Parliament, or, as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void:

Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the National Capital Territory:

Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly.

(4) There shall be a Council of Ministers consisting of not more than ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion:

Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary.

(5) The Chief Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the President.

(6) The Council of Ministers shall be collectively responsible to the Legislative Assembly.

²[(7) (a)] Parliament may, by law, make provisions for giving effect to, or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto.

³[(b) Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending, this Constitution.]

(8) The provisions of article 239B shall, so far as may be, apply in relation to the National Capital Territory, the Lieutenant Governor and the Legislative Assembly, as they apply in relation to the Union territory of Pondicherry, the administrator and its Legislature, respectively; and any reference in that article to “clause (1) of article 239A” shall be deemed to be a reference to this article or article 239AB, as the case may be.

1. Ins. by the Constitution (Sixty-ninth Amendment) Act, 1991, s. 2 (w.e.f. 1-2-1992).

2. Subs. by the Constitution (Seventieth Amendment) Act, 1992, s.3, for “(7)” (w.e.f. 21-12-1991).

3. Ins. by s. 3, the Constitution (Seventieth Amendment) Act, 1992, (w.e.f. 21-12-1991).

Section 239AB. Provision in case of failure of constitutional machinery

If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied-

(a) That a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of article 239AA or of any law made in pursuance of that article; or

(b) That for the proper administration of the National Capital Territory it is necessary or expedient so to do,

The President may by order suspend the operation of any provision of article 239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the National Capital Territory in accordance with the provisions of article 239 and article 239AA.]

Section 239B. Power of administrator to promulgate Ordinances during recess of Legislature

¹[239B. Power of administrator to promulgate Ordinances during recess of Legislature.

(1) If at any time, except when the Legislature of ²the Union territory of ³[Pondicherry] is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:

Provided that no such Ordinance shall be promulgated by the administrator except after obtaining instructions from the President in that behalf:

Provided further that whenever the said Legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension.

(2) An Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the Union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, but every such Ordinance-

(a) Shall be laid before the Legislature of the Union territory and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and

(b) May be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf.

(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.]

⁴[* * * *]

1. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, sec. 3 (w.e.f. 30-12-1971).

2. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “a Union territory referred to in clause (1) of article 239A” (w.e.f. 30-5-1987).

3. Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), sec. 4, for “Pondicherry” (w.e.f. 1-10-2006).

4. Cl. (4) was ins by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 4 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 32 (w.e.f. 20-6-1979).

Section 240. Power of President to make regulations for certain Union territories

¹[240. Power of President to make regulations for certain Union territories.

(1) The President may make regulations for the peace, progress and good government of the Union territory of-

(a) The Andaman and Nicobar Islands;

²[(b) Lakshadweep;]

³[(c) Dadra and Nagar Haveli;]

⁴[(d) Daman and Diu;]

⁵[(e)⁶ Pondicherry:]

⁷[* * * * *]

⁸[* * * * *]

⁹[Provided that when any body is created under article 239A to function as a Legislature for the ¹⁰[Union territory of ¹¹[Pondicherry]], the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointed for the first meeting of the Legislature:]

¹²[Provided further that whenever the body functioning as a Legislature for the Union territory of ¹¹[Pondicherry] is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that Union territory.]

(2) Any regulation so made may repeal or amend any Act made by Parliament or ¹³[any other law] which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory.]

1. Subs. by the Laccadive, Minicoy and Aminidivi Islands Alteration of Name) Act, 1973 (34 of 1973), s. 4, for entry (b) (w.e.f. 1-11-1973).

2. Ins. by the Constitution (Tenth Amendment) Act, 1961, s. 3.

3. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for entry (d) (w.e.f. 30-5-1987). Entry (d) was ins. by the Constitution (Twelfth Amendment) Act, 1962, s. 3.

4. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, ss. 5 and 7 (w.e.f. 16-8-1962).

5. The entry (f) relating to Mizoram omitted by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987).

6. The entry (g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987).

7. Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5.

8. Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4, for “Union territory of Goa, Daman and Diu or Pondicherry” (w.e.f. 15-2-1972).

9. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “Goa, Daman and Diu or Pondicherry” (w.e.f. 30-5-1987).

10. Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972).

11. Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972).

12. Subs. by the Constitution (Twenty Seventh Amendment) Act, 1956, sec. 17, for art. 240.

13. Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, sec. 4, for “any existing law” (w.e.f. 15-2-1972).

Section 241. High Courts for Union territories

(1) Parliament may by law constitute a High Court for a ¹[Union territory] or declare any court in any ²[such territory] to be a High Court for all or any of the purposes of this Constitution.

(2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications or exceptions as Parliament may by law provide.

³[(3) Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, in relation to any Union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement.

(4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.]

1. Subs. by s. 29 and Sch., the Constitution (Seventh Amendment) Act, 1956, for “State specified in Part C of the First Schedule

2. Subs. by s. 29 and Sch., the Constitution (Seventh Amendment) Act, 1956, for “such State”.

3. Subs. by s. 29 and Sch., the Constitution (Seventh Amendment) Act, 1956, for cls. (3) and (4).

Section 242. Coorg

Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 243. Definitions

¹243. Definitions.

In this Part, unless the context otherwise requires, -

(a) “District” means a district in a State;

(b) “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;

(c) “Intermediate level” means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part;

(d) “Panchayat” means an institution (by whatever name called) of self-government constituted under article 243B, for the rural areas;

(e) “Panchayat area” means the territorial area of a Panchayat;

(f) “Population” means the population as ascertained at the last preceding census of which the relevant figures have been published;

(g) “Village” means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified.

1. Ins. by the Constitution (Seventy-third Amendment) Act, 1992, s. 2 (w.e.f. 24-4-1993).

Section 243A. Gram Sabha

¹[243A. Gram Sabha. —A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide.]

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243B. Constitution of Panchayats

¹243B. Constitution of Panchayats

(1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.

(2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243C. Composition of Panchayats

¹[243C. Composition of Panchayats. —(1) Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats:

Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.

(2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area.

(3) The Legislature of a State may, by law, provide for the representation—

(a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level;

(b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level;

(c) of the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat;

(d) of the members of the Council of States and the members of the Legislative Council of the State, where they are registered as electors within—

(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;

(ii) a Panchayat area at the district level, in Panchayat at the district level.

(4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats.

(5) The Chairperson of—

(a) Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and

(b) a Panchayat at the intermediate level or district level, shall be elected by, and from amongst, the elected members thereof.]

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243D. Reservation of seats

¹[243D. Reservation of seats. —(1) Seats shall be reserved for—

(a) the Scheduled Castes; and

(b) the Scheduled Tribes,

in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat.

(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.

(4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide:

Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State:

Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women:

Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.

(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334.

(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens.]

———-

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243E. Duration of Panchayats, etc.

¹[243E. Duration of Panchayats, etc. —(1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).

(3) An election to constitute a Panchayat shall be completed—

(a) before the expiry of its duration specified in clause (1);

(b) before the expiration of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat for such period.

(4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under clause (1) had it not been so dissolved.

———-

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243F. Disqualifications for membership

¹[243F. Disqualifications for membership

(1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat—

(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:

Provided that no person shall be disqualified on the ground that be is less than twenty-five years of age, if he has attained the age of twenty-one years;

(b) if he is so disqualified by or under any law made by the Legislature of the State.

(2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.]

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243G. Powers, authority and responsibilities of Panchayat

¹[243G. Powers, authority and responsibilities of Panchayat. —

Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, at the appropriate level, subject to such conditions as may be specified therein, with respect to—

(a) the preparation of plans for economic development and social justice;

(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.]

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243H. Powers to impose taxes by, and Funds of, the Panchayats

¹[243H. Powers to impose taxes by, and Funds of, the Panchayats.

The Legislature of a State may, by law,—

(a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;

(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;

(c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State; and

(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom, as may be specified in the law.]

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243-I. Constitution of Finance Commission to review financial position

¹[243-I. Constitution of Finance Commission to review financial position.

(1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to—

(a) the principles which should govern—

(i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;

(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;

(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;

(b) the measures needed to improve the financial position of the Panchayats;

(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.

(2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.

(3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them.

(4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.]

———-

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243J. Audit of accounts of Panchayats

¹[243J. Audit of accounts of Panchayats. —The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.]

———-

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243K. Elections to the Panchayats

¹[243K. Elections to the Panchayats. —The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election

Commission consisting of a State Election Commissioner to be appointed by the Governor.

(2) Subject to the provisions of any law made by the Legislature of a State the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine:

Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.

(3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1).

(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.]

———-

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution (seventh Amendment) Act, 1956, sec.29 and sch.

Section 243L. Application to Union territories.

¹[243L. Application to Union territories. —The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under 239 and references to the Legislature or the Legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:

Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.]

———-

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243M. Part not to apply to certain areas

¹[243M. Part not to apply to certain areas. —(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.

(2) Nothing in this Part shall apply to—

(a) the States of Nagaland , Meghalaya and Mizoram;

(b) the hill areas in the State of Manipur for which District Councils exist under any law for the time being in force.

(3) Nothing in this Part—

(a) relating to Panchayats at the district level shall apply to the hill areas of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists under any law for the time being in force;

(b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under such law.

² [(3A) Nothing in article 243D, relating to reservation of seats for the Scheduled Castes, shall apply to the State of Arunachal Pradesh.]

(4) Notwithstanding anything in this Constitution—

(a) the Legislature of a State referred to in sub-clause (a) of clause (2)

may, by law, extend this Part to that State, except the areas, if any,

referred to in clause (1), if the Legislative Assembly of that State passes a resolution to that effect by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting;

(b) Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.]

———-

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

2. Ins. by the Constitution (Eighty-third Amendment) Act, 2000, sec. 2 (w.e.f. 8-9-2000).

Section 243N. Continuance of existing laws and Panchayats

¹[243N. Continuance of existing laws and Panchayats. —

Notwithstanding anything in this Part, any provision of any law relating to Panchayats in force in a State immediately before commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement whichever is earlier:

Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.]

———-

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243-O. Bar to interference by courts in electoral matters

¹243-O. Bar to interference by courts in electoral matters.

Notwithstanding anything in this Constitution, -

(a) The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243K, shall not be called in question in any court;

(b) No election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.]

1. Ins. by the Constitution ( seventy- third Amendment) Act, 1992 (w. e. f 24-4-1993). Earlier part ix dealing with territories in part D of the first schedule was replealed by the constitution ( seventh Amendment) Act, 1956, sec.29 and sch.

Section 243P. Definitions

^*243P. Definitions.

In this Part, unless the context otherwise requires, -

(a) “Committee” means a Committee constituted under article 243S;

(b) “District” means a district in a State;

(c) “Metropolitan area” means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part;

(d) “Municipal area” means the territorial area of a Municipality as is notified by the Governor;

(e) “Municipality” means an institution of self-government constituted under article 243Q;

(f) “Panchayat” means a Panchayat constituted under article 243B;

(g) “Population” means the population as ascertained at the last preceding census of which the relevant figures have been published.

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243Q. Constitution of Municipalities

^*[243Q. Constitution of Municipalities.—(1) There shall be constituted in every State,—

(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area.

(b) a Municipal Council for a smaller urban area; and

(c) a Municipal Corporation for a larger urban area,

in accordance with the provisions of this Part:

Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township.

(2) In this article, ‘a transitional area’, ‘a smaller urban area’ or ‘a larger urban area’ means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part.]

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243R. Composition of Municipalities

^*[243R. Composition of Municipalities.—

(1) Save as provided in clause (2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.

(2) The Legislature of a State may, by law, provide—

(a) for the representation in a Municipality of—

(i) persons having special knowledge or experience in Municipal administration;

(ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area;

(iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area;

(iv) the Chairpersons of the Committees constituted under clause (5) of article 243S:

Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality;

(b) the manner of election of the Chairperson of a Municipality.

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243S. Constitution and composition of Wards Committees, etc.

¹[243S. Constitution and composition of Wards Committees, etc.—(1) There shall be constituted Wards Committees, consisting of one or more Wards, within the territorial area of a Municipality having a population of three lakhs or more.

(2) The Legislature of a State may, by law, make provision with respect to—

(a) the composition and the territorial area of a Wards Committee;

(b) the manner in which the seats in a Wards Committee shall be filled.

(3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.

(4) Where a Wards Committee consists of—

(a) one ward, the member representing that ward in the Municipality; or

(b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee,

shall be the Chairperson of that Committee.

(5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the Constitution of Committees in addition to the Wards Committees.]

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243T. Reservation of seats.

¹[243T. Reservation of seats.—(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.

(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.

(4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.

(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334.

(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens.]

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243U. Duration of Municipalities, etc.

^*[243U. Duration of Municipalities, etc.—

(1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer:

Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).

(3) An election to constitute a Municipality shall be completed,—

(a) before the expiry of its duration specified in clause (1);

(b) before the expiration of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period.

(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under clause (1) had it not been so dissolved.

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243V. Disqualifications for membership

^*[243V. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as, and for being a member of a Municipality—

(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:

Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age, of twenty-one years;

(b) if he is so disqualified by or under any law made by the Legislature of the State.

(2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.]

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243W. Powers, authority and responsibilities of Municipalities

^*[243W. Powers, authority and responsibilities of Municipalities, etc.—Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow—

(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to—

(i) the preparation of plans for economic development and social justice;

(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;

(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.]

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243X. Power to impose taxes by, and Funds of, the Municipalities

^*[243X. Power to impose taxes by, and Funds of, the Municipalities.—The Legislature of a State may, by law—

(a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;

(b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State-Government for such purposes and subject to such conditions and limits;

(c) provide for making, such grants-in-aid to the Municipalities from the Consolidated Fund of the State; and

(d) provide for constitution of such Funds for crediting all moneys received respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom,as may be specified in the law.]

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243Y. Finance Commission

^*[^**243Y. Finance Commission.—(1) The Finance Commission constituted under article 243-I shall also review the financial position of the Municipalities and make recommendations to the Governor as to—

(a) the principles which should govern—

(i) the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds;

(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities;

(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State;

(b) the measures needed to improve the financial position of the Municipalities;

(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities.

(2) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.]

——————————-

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

** In its application to the Union Territory of Dadra and Nagar Haveli, in clause (1) of Article 243Y, for the word “Governor”, at both the places, the word “President” shall be substituted. (Vide S.O. 615 (E), dated 21st May, 2004, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 21st May, 2004).

Section 243Z. Audit of accounts of Municipalities.

^*[243Z. Audit of accounts of Municipalities.—The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.]

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243ZA. Elections to the Municipalities.

^*[243ZA. Elections to the Municipalities.—(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in article 243K.

(2) Subject to provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.]

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243ZB. Application to Union territories.

^*[243ZB. Application to Union territories.—The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:

Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.]

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243ZC. Part not to apply to certain areas

^*[243ZC. Part not to apply to certain areas.—(1) Nothing in this Part shall apply to the Scheduled Areas referred to in Clause (1), and the tribal areas referred to in clause (2), of article 244.

(2) Nothing in this part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal.

(3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the Tribal Areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.]

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243ZD. Committee for district planning

¹[243ZD. Committee for district planning.

(1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.

(2) The Legislature of a State may, by law, make provision with respect to-

(a) The composition of the District Planning Committees;

(b) The manner in which the seats in such Committees shall be filled:

Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district;

(c) The functions relating to district planning, which may be assigned to such Committees;

(d) The manner in which the Chairpersons of such Committees shall be chosen.

(3) Every District Planning Committee shall, in preparing the draft development plan, -

(a) Have regard to-

(i) Matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

(ii) The extent and type of available resources whether financial or otherwise;

(b) Consult such institutions and organisations as the Governor may, by order, specify.

(4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

1. The provisions of article 243ZD shall not apply to the National Capital Territory of Delhi, vide S.O. 1125(E), dated 12-11-2001.

Section 243ZE. Committee for Metropolitan planning

^*[^**243ZE. Committee for Metropolitan planning.

(1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.

(2) The Legislature of a State may, by law, make provision with respect to-

(a) The composition of the Metropolitan Planning Committees;

(b) The manner in which the seats in such Committees shall be filled:

Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;

(c) The representation in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees;

(d) The functions relating to planning and coordination for the Metropolitan area, which may be assigned to such Committees;

(e) The manner in which the Chairpersons of such Committees shall be chosen.

(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan, -

(a) Have regard to-

(i) The plans prepared by the Municipalities and the Panchayats in the Metropolitan area;

(ii) Matters of common interest between the Municipalities and the Panchayats, including coordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

(iii) The overall objectives and priorities set by the Government of India and the Government of the State;

(iv) The extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise;

(b) Consult such institutions and organisations as the Governor may, by order, specify.

(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

** The provisions of article 243ZE shall not apply to the National Capital Territory of Delhi, vide S.O. 1125(E), dated 12-11-2001.

Section 243ZF. Continuance of existing laws and municipalities

^*[243ZF. Continuance of existing laws and municipalities.—

Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:

Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.]

——————–

* Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 243ZG. Bar to interference by courts in electoral

^*[243ZG. Bar to interference by courts in electoral matters.—

Notwithstanding anything in this Constitution,—

(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243ZF shall not be called in question in any court;

(b) no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.]

——————–

*Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, sec. 2 (w.e.f. 1-6-1993).

Section 244. Administration of Scheduled Areas and Tribal Areas.

(1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State ¹[***] other than ²[the States of Assam ³[, ⁴[Meghalaya, Tripura and Mizoram]]].

(2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in ²[the States of Assam, ³[, ⁵[Meghalaya, Tripura and Mizoram]]].

1. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “the State of Assam” (w.e.f. 21-1-1972).

3. Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 2, for “and Meghalaya” (w.e.f. 1-4-1985).

4. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for “Meghalaya and Tripura” (w.e.f. 20-2-1987).

5. Subs. by s. 39, ibid., for “Meghalaya and Tripura and the Union territory of Mizoram” (w.e.f. 20-2-1987).

Section 244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.

¹[244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor.

(1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified in ²[Part I] of the table appended to paragraph 20 of the Sixth Schedule and create therefor-

(a) A body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or

(b) A Council of Ministers,

Or both with such constitution, powers and functions, in each case, as may be specified in the law.

(2) Any such law as is referred to in clause (1) may, in particular, -

(a) Specify the matters enumerated in the State List or the Concurrent List with respect to which the Legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise;

(b) Define the matters with respect to which the executive power of the autonomous State shall extend;

(c) Provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State;

(d) Provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and

(e) Make such supplemental, incidental and consequential provisions as may be deemed necessary.

(3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment is passed in each House of Parliament by not less than two-thirds of the members present and voting.

(4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.]

1. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 2.

2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “Part A” (w.e.f. 21-1-1972)

Section 245. Extent of laws made by Parliament and by the Legislatures of States.

(1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.

(2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.

Section 246. Subject-matter of laws made by Parliament and by the Legislatures of States.

(1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the “Union List”).

(2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State ¹[***] also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the “Concurrent List”).

(3) Subject to clauses (1) and (2), the Legislature of any State ¹[***] has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State List”).

(4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included ²[in a State] notwithstanding that such matter is a matter enumerated in the State List.

1. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. Subs. by s. 29 and Sch., the Constitution (Seventh Amendment) Act, 1956, for “in Part A or Part B of the First Schedule”.

Section 247. Power of Parliament to provide for the establishment of certain additional courts.

Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List.

Section 248. Residuary powers of legislation.

(1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.

(2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.

Section 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.

(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force.

(2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein:

Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.

(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.

Section 250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.

(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.

(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.

Section 251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.

Nothing in articles 249 and 250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative.

Section 252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.

(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State.

(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.

Section 253. Legislation for giving effect to international agreements.

Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

Section 254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.

(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.

(2) Where a law made by the Legislature of a State ¹[***] with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State:

Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.

1. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

No Act of Parliament or of the Legislature of a State ¹[***], and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given-

(a) Where the recommendation required was that of the Governor, either by the Governor or by the President;

(b) Where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President;

(c) Where the recommendation or previous sanction required was that of the President, by the President.

1. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 256. Obligation of States and the Union.

The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

Section 257. Control of the Union over States in certain cases.

(1) The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

(2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance:

Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.

(3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State.

(4) Where in carrying out any direction given to a State under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred by the State.

Section 257A. Assistance to States by deployment of armed forces or other forces of the Union.

¹[257A. Assistance to States by deployment of armed forces or other forces of the Union.

Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 33 (w.e.f. 20-6-1979).

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 43 (w.e.f. 3-1-1977).

Section 258. Power of the Union to confer powers, etc., on States in certain cases.

(1) Notwithstanding anything in this Constitution, the President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officer’s functions in relation to any matter to which the executive power of the Union extends.

(2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof.

(3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties.

Section 258A. Power of the States to entrust functions to the Union.

¹[ 258A. Power of the States to entrust functions to the Union.

Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.]

1. Ins. by the Constitution (Seventh Amentment) Act, 1956, sec. 18.

Section 259. Armed Forces in States in Part B of the First Schedule.

Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 260. Jurisdiction of the Union in relation to territories outside India.

The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force

Section 261. Public acts, records and judicial proceedings.

(1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.

(2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament.

(3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.

Section 262. Adjudication of disputes relating to waters of inter-State rivers or river valleys.

(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.

(2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).

Section 263. Provisions with respect to an inter-State Council.

If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of-

(a) Inquiring into and advising upon disputes which may have arisen between States;

(b) Investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or

(c) Making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject,

It shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure.

Section 264. Interpretation.

¹[264. Interpretation.

In this Part, “Finance Commission” means a Finance Commission constituted under article 280.]

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch., for art. 264.

Section 265. Taxes not to be imposed save by authority of law.—

No tax shall be levied or collected except by authority of law.

Section 266. Consolidated Funds and public accounts of India and of the States.—

(1) Subject to the provisions of article 267 and to the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled “the Consolidated Fund of India”, and all revenues received by the Government of a State, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled “the Consolidated Fund of the State”.

(2) All other public moneys received by or on behalf of the Government of India or the Government of a State shall be credited to the public account of India or the public account of the State, as the case may be.

(3) No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution.

Section 267. Contingency Fund.—

(1) Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled “the Contingency Fund of India” into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under article 115 or article 116.

(2) The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled “the Contingency Fund of the State” into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor ¹[***] of the State to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislature of the State by law under article 205 or article 206.

———————————-

1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.

Section 268. Duties levied by the Union but collected and appropriated by the States.

(1) Such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied by the Government of India but shall be collected-

(a) In the case where such duties are leviable within any ¹[Union territory], by the Government of India, and

(b) In other cases, by the States within which such duties are respectively leviable.

(2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State.

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and sch., for “State specified in Part C of the First Schedule”.

Section 268A. Service tax levied by Union and collected and appropriated by the Union and the States.

¹[268A. Service tax levied by Union and collected and appropriated by the Union and the States.

(1) Taxes on service shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the States in the manner provided in clause (2)

(2) The proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be -

(a) collected by the Government of India and the States;

(b) Appropriated by the Government of India and the States,

in accordance with such principles collection and appropriation as may be formulated by Parliament by law.]

1. Ins. by the Constitution (Eighty-eighth Amendment) Act, 2003, sec. 3.

Section 269. Taxes levied and collected by the Union but assigned to the States.

¹[(1) Taxes on the sale or purchase of goods and taxes on the consignment of goods shall be levied and collected by the Government of India but shall be assigned and shall be deemed to have been assigned to the States on or after the 1st day of April, 1996 in the manner provided in clause (2).

Explanation-For the purposes of this clause, -

(a) The expression “taxes on the sale or purchase of goods” shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce;

(b) The expression “taxes on the consignment of goods” shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce;

(2) The net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to Union territories, shall not form part of the Consolidated Fund of India, but shall be assigned to the State within which that tax is leviable in that year, and shall be distributed among those States in accordance with such principles of distribution as may be formulated by Parliament by law.]

²[(3) Parliament may by law formulate principles for determining when a ³[sale or purchase of, or consignment of, goods] takes place in the course of inter-State trade or

1. Subs. By the Constitution (Eightieth Amendment) Act, 2000, s.2 for cl. (1) & (2) (w.e.f. 9.6.2000)

2. Ins. by the Constitution (Sixth Amendment) Act, 1956, s. 3.

3. Subs. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 2, for “sale or purchase of goods”.

Section 270. Taxes levied and distributed between the Union and the States

¹[(1) All taxes and duties referred to in the Union List, except the duties and taxes referred to in ²[articles 268 and 269] respectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific purposes under any law made by Parliament shall be levied and collected by the Government of India and shall be distributed between the Union and the States in the manner provided in clause (2).

(2) Such percentage, as may be prescribed, of the net proceeds of any such tax or duty in any financial year shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax or duty is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed in the manner provided in clause (3).

(3) In this article, “Prescribed” means -

(i) Until a Finance Commission has been constituted, prescribed by the President by order, and

(ii) After a Finance Commission has been constituted, prescribed by the President by order after considering the recommendations of the Finance Commission.’]

1. Subs. by the Constitution (Eightieth Amendment) act, 2000, s.3 (w.e.f. 9.6.2000)

2. Subs. by the Constitution (Eighty-eighth Amendment) Act, 2003, sec. 3.

Section 271. Surcharge on certain duties and taxes for purposes of the Union.

Notwithstanding anything in articles 269 and 270, Parliament may at any time increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India.

Section 272. Taxes which are levied and collected by the Union and may be distributed between the Union and the State

¹[272. Taxes which are levied and collected by the Union and may be distributed between the Union and the State.

Rep. by the Constitution (Eightieth Amendment) Act, 2000, sec. 4 (w.e.f. 9-6-2000).]

1. The Union duties of excise including additional duties and any other tax or duty collected and distributed by Central Government as grants-in-aid to States after 1-4-1996 and before 9-6-2000 shall be deemed to be distributed as if before 1-4-1996.

Section 273. Grants in lieu of export duty on jute and jute products.

(1) There shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of the States of Assam, Bihar, Orissa and West Bengal, in lieu of assignment of any share of the net proceeds in each year of export duty on jute and jute products to those States, such sums as may be prescribed.

(2) The sums so prescribed shall continue to be charged on the Consolidated Fund of India so long as any export duty on jute or jute products continues to be levied by the Government of India or until the expiration of ten years from the commencement of this Constitution whichever is earlier.

(3) In this article, the expression “prescribed” has the same meaning as in article 270.

Section 274. Prior recommendation of President required to Bills affecting taxation in which States are interested.

(1) No Bill or amendment which imposes or varies any tax or duty in which States are interested, or which varies the meaning of the expression “agricultural income” as defined for the purposes of the enactments relating to Indian income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to States, or which imposes any such surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House of Parliament except on the recommendation of the President.

(2) In this article, the expression “tax or duty in which States are interested” means-

(a) A tax or duty the whole or part of the net proceeds whereof are assigned to any State; or

(b) A tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State.

Section 275. Grants from the Union to certain States.

(1) Such sums as Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of such States as Parliament may determine to be in need of assistance, and different sums may be fixed for different States:

Provided that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State:

Provided further that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the State of Assam sums, capital and recurring, equivalent to-

(a) The average excess of expenditure over the revenues during the two years immediately preceeding the commencement of this Constitution in respect of the administration of the tribal areas specified in ¹[Part I] of the Table appended to paragraph 20 of the Sixth Schedule; and

(b) The costs of such schemes of development as may be undertaken by that State with the approval of the Government of India for the purpose of raising the level of administration of the said areas to that of the administration of the rest of the areas of that State.

²[(1A) On and from the formation of the autonomous State under article 244A, -

(i) Any sums payable under clause (a) of the second proviso to clause (1) shall, if the autonomous State comprises all the tribal areas referred to therein, be paid to the autonomous State, and, if the autonomous State comprises only some of those tribal areas, be apportioned between the State of Assam and the autonomous State as the President may, by order, specify;

(ii) There shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the autonomous State sums, capital and recurring, equivalent to the costs of such schemes of development as may be undertaken by the autonomous State with the approval of the Government of India for the purpose of raising the level of administration of that State to that of the administration of the rest of the State of Assam.]

(2) Until provision is made by Parliament under clause (1), the powers conferred on Parliament under that clause shall be exercisable by the President by order and any order made by the President under this clause shall have effect subject to any provision so made by Parliament:

Provided that after a Finance Commission has been constituted no order shall be made under this clause by the President except after considering the recommendations of the Finance Commission.

1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for “Part A” (w.e.f. 21-1-1972).

2. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 3.

Section 276. Taxes on professions, trades, callings and employments.

(1) Notwithstanding anything in article 246, no law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income.

(2) The total amount payable in respect of any one person to the State or to any one municipality, district board, local board or other local authority in the State by way of taxes on professions, trades, callings and employments shall not exceed ¹[two thousand and five hundred rupees] per annum.

²[* * * * *]

(3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions, trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments.

1. Subs. by the Constitution (Sixtieth Amendment) Act, 1988, s. 2, for “two hundred and fifty rupees”.

2. Proviso omitted by s. 2, the Constitution (Sixtieth Amendment) Act, 1988.

Section 277. Savings.

Any taxes, duties, cesses or fees which, immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law.

Section 278. Agreement with States in Part B of the First Schedule with regard to certain financial matters.

Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 279. Calculation of “net proceeds”, etc.

(1) In the foregoing provisions of this Chapter, “net proceeds” means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of India, whose certificate shall be final.

(2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters.

Section 280. Finance Commission.

(1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President.

(2) Parliament may by law determine the qualifications, which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected.

(3) It shall be the duty of the Commission to make recommendations to the President as to-

(a) The distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respective shares of such proceeds;

(b) The principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India;

¹[(bb) The measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;]

²[(c) The measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;]

³[(d)] Any other matter referred to the Commission by the President in the interests of sound finance.

(4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them.

1. Ins. by the Constitution (Seventy-third Amendment) Act, 1992, s. 3 (w.e.f. 24-4-1993).

2. Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 3 (w.e.f. 1-6-1993).

3. Sub-cl. (c) re-lettered as sub-cl. (d) by s. 3, the Constitution (Seventy-fourth Amendment) Act, 1992, (w.e.f. 1-6-1993).

Section 281. Recommendations of the Finance Commission.

The President shall cause every recommendation made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament.

Miscellaneous Financial Provisions

Section 282. Expenditure defrayable by the Union or a State out of its revenues.

The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be.

Section 283. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts.

(1) The custody of the Consolidated Fund of India and the Contingency Fund of India, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of India, their payment into the public account of India and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by Parliament, and, until provision in that behalf is so made, shall be regulated by rules made by the President.

(2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the payment of moneys into such Funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of the State, their payment into the public account of the State and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of the State, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor ¹[***] of the State.

1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 284. Custody of suitors’ deposits and other moneys received by public servants and courts.

All moneys received by or deposited with-

(a) Any officer employed in connection with the affairs of the Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the Government of India or the Government of the State, as the case may be, or

(b) Any court within the territory of India to the credit of any cause, matter, account or persons,

Shall be paid into the public account of India or the public account of State, as the case may be.

Section 285. Exemption of property of the Union from State taxation.

(1) The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State.

(2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State.

Section 286. Restrictions as to imposition of tax on the sale or purchase of goods.

(1) No law of a State shall impose, or authorise the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place-

(a) Outside the State; or

(b) In the course of the import of the goods into, or export of the goods out of, the territory of India.

¹[* * * * *]

²[(2) Parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1).

³[(3) Any law of a State shall, in so for as it imposes, or authorises the imposition of, -

(a) A tax on the sale or purchase of goods declared by Parliament by law to be of special importance in inter-State trade or commerce; or

(b) A tax on the sale or purchase of goods, being a tax of the nature referred to in sub-clause (b), sub-clause (c) or sub-clause (d) of clause (29A) of article 366,

Be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as Parliament may by law specify.]]

1. Explanation to clause (1) omitted by the Constitution (Sixth Amendment) Act, 1956, s. 4.

2. Subs. by s. 4, the Constitution (Sixth Amendment) Act, 1956, for cls. (2) and (3).

3. Subs. by the Constitution (Forty-sixth Amendment) Act, 1982, s. 3, for cl. (3).

Section 287. Exemption from taxes on electricity.

Save in so far as Parliament may by law otherwise provide, no law of a State shall impose, or authorise the imposition of, a tax on the consumption or sale of electricity (whether produced by a Government or other persons) which is-

(a) Consumed by the Government of India, or sold to the Government of India for consumption by that Government; or

(b) Consumed in the construction, maintenance or operation of any railway by the Government of India or a railway company operating that railway, or sold to that Government or any such railway company for consumption in the construction, maintenance or operation of any railway,

And any such law imposing, or authorising the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Government of India for consumption by that Government, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity.

Section 288. Exemption from taxation by States in respect of water or electricity in certain cases.

(1) Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorise the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley.

Explanation. The expression “law of a State in force” in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.

(2) The Legislature of a State may by law impose, or authorise the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order.

Section 289. Exemption of property and income of a State from Union taxation.

(1) The property and income of a State shall be exempt from Union taxation.

(2) Nothing in clause (1) shall prevent the Union from imposing, or authorising the imposition of, any tax to such extent, if any, as Parliament may by law provide in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith.

(3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary function.

Section 290. Adjustment in respect of certain expenses and pensions.

Where under the provisions of this Constitution the expenses of any court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if-

(a) In the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or

(b) In the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State,

There shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India.

Section 290A. Annual payment to certain Devaswom Funds.

¹[290A. Annual payment to certain Devaswom Funds.

A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of ²[Tamil Nadu] every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin].

1. Ins. by by the Constitution (Seventh Amendment) Act, 1956, sec. 19.

2. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for “Madras” (w.e.f. 14-1-1969).

Section 291. Privy purse sums of Rulers.

Rep. by the Constitution (Twenty-sixth Amendment) Act, 197l, s. 2.

Section 292. Borrowing by the Government of India.

The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed.

Section 293. Borrowing by States.

(1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed.

(2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under article 292 are not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India.

(3) A State may not without the consent of the Government of India raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or by its predecessor Government, or in respect of which a guarantee has been given by the Government of India or by its predecessor Government.

(4) A consent under clause (3) may be granted subject to such conditions, if any, as the Government of India may think fit to impose.

Section 294. Succession to property, assets, rights, liabilities and obligations in certain cases.

As from the commencement of this Constitution-

(a) All property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governor’s Province shall vest respectively in the Union and the corresponding State, and

(b) All rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor’s Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State,

Subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East Punjab.

Section 295. Succession to property, assets, rights, liabilities and obligations in other cases.

(1) As from the commencement of this Constitution-

(a) All property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, and

(b) All rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List,

Subject to any agreement entered into in that behalf by the Government of India with the Government of that State.

(2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1).

Section 296. Property accruing by escheat or lapse or as bona vacantia.

Subject as hereinafter provided, any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union:

Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or of a State, vest in the Union or in that State.

Explanation. In this article, the expressions “Ruler” and “Indian State” have the same meanings as in article 363.

Section 297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.

¹[297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.

(1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union.

(2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union.

(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.]

1. Subs. by the Constitution (Fortieth Amendment) Act, 1976, sec. 2 for art. 297 (w.e.f. 27-5-1976)

Section 298. Power to carry on trade, etc.

¹[298. Power to carry on trade, etc.

The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose:

Provided that-

(a) The said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and

(b) The said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.]

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, sec. 20 for art. 298.

Section 299. Contracts.

(1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor ¹[***] of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor ¹[***] by such persons and in such manner as he may direct or authorise.

(2) Neither the President nor the Governor ²[***] shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.

1. The words “or the Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.

2. The words “nor the Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.

Section 300. Suits and proceedings.

(1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted.

(2) If at the commencement of this Constitution-

(a) Any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and

(b) Any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings.

Section 300A. Persons not to be deprived of property save by authority of law.

¹[Chapter IV Right to Property

No person shall be deprived of his property save by authority of law.]

1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, sec. 34 (w.e.f. 20-6-1979).

Section 301. Freedom of trade, commerce and intercourse

Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.

Section 302. Power of Parliament to impose restrictions on trade, commerce and intercourse.

Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.

Section 303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce

(1) Notwithstanding anything in article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorising the giving of, any preference to one State over another, or making, or authorising the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule.

(2) Nothing in clause (1) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India.

Section 304. Restrictions on trade, commerce and intercourse among States

Notwithstanding anything in article 301 or article 303, the Legislature of a State may by law-

(a) Impose on goods imported from other States ¹[or the Union territories] any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and

(b) Impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interests:

Provided that no Bill or amendment for the purposes of clause (b) shall be introduced or moved in the Legislature of a State without the previous sanction of the President.

1. Ins. by the Constitution (Seventh Amendment) Act, 1956, sec. 29.

Section 305. Saving of existing laws and laws providing for State monopolies

¹[305. Saving of existing laws and laws providing for State monopolies.

Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause (ii) of clause (6) of article 19.]

1. Subs. by the Constitution (Fourth Amendment) Act, 1955, sec. 4 for art. 305.

Section 306. Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce

Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 307. Appointment of authority for carrying out the purposes of articles 301 to 304

Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary.

Section 308. Interpretation

In this Part, unless the context otherwise requires, the expression “State” ¹[does not include the State of Jammu and Kashmir].

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. for “means a State specified in Part A or Part B of the First Schedule”.

Section 309. Recruitment and conditions of service of persons serving the Union or a State

Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:

Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor ¹[***] of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.

1. The words “or Rajpramukh” omitted by s. 29 and Sch., the Constitution (Seventh Amendment) Act, 1956.

Section 310. Tenure of office of persons serving the Union or a State

(1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor ¹[***] of the State.

(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor ²[***] of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor ³[***], as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.

1. The words “or, as the case may be, the Rajpramukh” omitted by s. 29 and Sch., the Constitution (Seventh Amendment) Act, 1956.

2. The words “or Rajpramukh” omitted by s. 29 and Sch. the Constitution (Seventh Amendment) Act, 1956.

3. The words “or the Rajpramukh” omitted by s. 29 and Sch., the Constitution (Seventh Amendment) Act, 1956.

Section 311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

¹[(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges ²[***]:

³[Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:

Provided further that this clause shall not apply-]

(a) Where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or

(b) Where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or

(c) Where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.

(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.]

1. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls. (2) and (3).

2. Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44 (w.e.f. 3-1-1977).

3. Subs. by s. 44, the Constitution (Forty-second Amendment) Act, 1976, for certain words (w.e.f. 3-1-1977).

Section 312. All-India services

(1) Notwithstanding anything in ¹[Chapter VI of Part VI or Part XI], if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India services ²[(including an all-India judicial service)] common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service.

(2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article.

²[(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in article 236.

(4) The law providing for the creation of the all-India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.]

1. Subs. by s. 45, the Constitution (Forty-second Amendment) Act, 1976, for “Part-XI” (w.e.f. 3-1-1977).

2. Ins. by s. 45, the Constitution (Forty-second Amendment) Act, 1976, (w.e.f. 3-1-1977).

Section 312A. Power of Parliament to vary or revoke conditions of service of officers of certain services

¹[312A. Power of Parliament to vary or revoke conditions of service of officers of certain services.

(1) Parliament may by law-

(a) Vary or revoke, whether prospectively or retrospectively, the conditions of services as respects remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, continue on and after the commencement of the Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the Government of India or of a State in any service or post;

(b) Vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, retired or otherwise ceased to be in service at any time before the commencement of the Constitution (Twenty-eighth Amendment) Act, 1972:

Provided that in the case of any such person who is holding or has held the office of the Chief Justice or other Judge of the Supreme Court or a High Court, the Comptroller and Auditor-General of India, the Chairman or other member of the Union or a State Public Service Commission or the Chief Election Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be construed as empowering Parliament to vary or revoke, after his appointment to such post, the conditions of his service to his disadvantage except in so far as such conditions of service are applicable to him by reason of his being a person appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India.

(2) Except to the extent provided for by Parliament by law under this article, nothing in this article shall affect the power of any Legislature or other authority under any other provision of this Constitution to regulate the conditions of service of persons referred to in clause (1).

(3) Neither the Supreme Court nor any other court shall have jurisdiction in-

(a) Any dispute arising out of any provision of, or any endorsement on, any covenant, agreement or other similar instrument which was entered into or executed by any person referred to in clause (1), or arising out of any letter issued to such person, in relation to his appointment to any civil service of the Crown in India or his continuance in service under the Government of the Dominion of India or a Province thereof;

(b) Any dispute in respect of any right, liability or obligation under article 314 as originally enacted.

(4) The provisions of this article shall have effect notwithstanding anything in article 314 as originally enacted or in any other provision of this Constitution.]

1. Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, sec. 2 (w.e.f. 29-8-1972).

Section 313. Transitional provisions

Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an all-India service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution.

Section 314. Provision for protection of existing officers of certain services

Rep. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f. 29-8-1972).

Section 315. Public Service Commissions for the Union and for the States

(1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.

(2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.

(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.

(4) The Public Service Commission for the Union, if requested so to do by the Governor ¹[***] of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.

(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.

1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 316. Appointment and term of office of members

(1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor ¹[***] of the State:

Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.

²[(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose.]

(2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of 3[sixty-two years], whichever is earlier:

Provided that-

(a) A member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor ³[***] of the State, resign his office;

(b) A member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317.

(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.

1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11.

3. Subs. by the Constitution (Forty-first Amendment) Act, 1976, s. 2, for “sixty years”.

Section 317. Removal and suspension of a member of a Public Service Commission

(1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.

(2) The President, in the case of the Union Commission or a Joint Commission, and the Governor ¹[***] in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be, -

(a) Is adjudged an insolvent; or

(b) Engages during his term of office in any paid employment outside the duties of his office; or

(c) Is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour.

1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and sch.

Section 318. Power to make regulations as to conditions of service of members and staff of the Commission

In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor ¹[****] of the State may by regulations-

(a) Determine the number of members of the Commission and their conditions of service; and

(b) Make provision with respect to the number of members of the staff of the Commission and their conditions of service:

Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.

1. The word “or Rapramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and sch.

Section 319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members

On ceasing to hold office-

(a) The Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State;

(b) The Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;

(c) A member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;

(d) A member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.

Section 320. Functions of Public Service Commissions

(1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively.

(2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

(3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted-

(a) On all matters relating to methods of recruitment to civil services and for civil posts;

(b) On the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers;

(c) On all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters;

(d) On any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State;

(e) On any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award,

And it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor ¹[***] of the State, may refer to them:

Provided that the President as respects the all-India services and also as respects other services and posts in connection with the affairs of the Union, and the Governor ²[***], as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted.

(4) Nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision referred to in clause (4) of article 16 may be made or as respects the manner in which effect may be given to the provisions of article 335.

(5) All regulations made under the proviso to clause (3) by the President or the Governor ¹[***] of a State shall be laid for not less than fourteen days before each House of Parliament or the House or each House of the Legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses of the Legislature of the State may make during the session in which they are so laid.

1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. The words “or Rajpramukh, as the case may be” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 321. Power to extend functions of Public Service Commissions

An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.

Section 322. Expenses of Public Service Commissions

The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.

Section 323. Reports of Public Service Commissions

(1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.

(2) It shall be the duty of a State Commission to present annually to the Governor ¹[***] of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor ¹[***] of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor ²[***], shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State.

1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. The words “or Rajpramukh, as the case may be” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 323A. Administrative tribunals

¹[PART XIVA TRIBUNALS

(1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.

(2) A law made under clause (1) may-

(a) Provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States;

(b) Specify the jurisdiction, powers (including the power to punish for contempt) and authority, which may be exercised by each of the said tribunals;

(c) Provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;

(d) Exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1);

(e) Provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;

(f) Repeal or amend any order made by the President under clause (3) of article 371D;

(g) Contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.

(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 46 (w.e.f. 3-1-1977).

Section 323B. Tribunals for other matters

^*[323B. Tribunals for other matters.—(1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause (2) with respect to which such Legislature has power to make laws.

(2) The matters referred to in clause (1) are the following, namely:—

(a) levy, assessment, collection and enforcement of any tax;

(b) foreign exchange, import and export across customs frontiers;

(c) industrial and labour disputes;

(d) land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way;

(e) ceiling on urban property;

(f) elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in article 329 and article 329A;

(g) production, procurement, supply and distribution of foodstuffs (including edible oilseeds and oils) and such other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;

¹[(h) rent, its regulation and control and tenancy issues including the rights, title and interest of landlords and tenants,]

²[(i)] offences against laws with respect to any of the matters specified in sub-clauses (a) to ³[(h)] and fees in respect of any of those matters;

²[(j)] any matter incidental to any of the matters specified in sub-clauses (a) to ⁴[(i)].

(3) A law made under clause (1) may—

(a) provide for the establishment of a hierarchy of tribunals;

(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;

(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts except the jurisdiction of the Supreme Court under article 136 with respect to all or any of the matters falling within the jurisdiction of the said tribunals;

(e) provide for the transfer to each such tribunal of any cases pending before any court or any other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;

(f) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as the appropriate Legislature may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.

(4) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

Explanation.—In this article, “appropriate Legislature”, in relation to any matter, means Parliament or, as the case may be, a State Legislature competent to make laws with respect to such matter in accordance with the provisions of Part XI.]

* Ins. by the Constitution (Forty-second Amendment) Act, 1976, sec. 46 (w.e.f. 3-1-1977).

1. Ins. by the Constitution (Seventy-fifth Amendment) Act, 1993, sec. 2 (w.e.f. 15.5.1994).

2. Sub-clauses (h) and (i) relettered as sub-clause (i) and (j) by the Constitution (Seventy-fifth Amendment) Act, 1993, sec. 2 (w.e.f. 15-5-1994)

3. Subs. by the Constitution (Seventy-fifth Amendment) Act, 1993 sec. 2 for “(g) ” w.e.f. from 15-5-1994.

4. Subs. by the Constitution (Seventy-fifth Amendment) Act, 1993 sec. 2 for “(h) ” w.e.f. from 15-5-1994.

Section 324. Superintendence, direction and control of elections to be vested in an Election Commission

(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution ¹[***] shall be vested in a Commission (referred to in this Constitution as the Election Commission).

(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.

(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.

(4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause (1).

(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:

Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:

Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.

(6) The President, or the Governor ²[***] of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).

1. The words “including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to Parliament and to the Legislatures of States” omitted by the Constitution (Nineteenth Amendment) Act, 1966, s. 2.

2. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s.29 and Sch.

Section 325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex

There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.

Section 326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage

The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than ¹[eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

1. Subs. by the Constitution (Sixty-first Amendment) Act, 1988, s. 2, for “twenty-one years”.

Section 327. Power of Parliament to make provision with respect to elections to Legislatures

Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.

Section 328. Power of Legislature of a State to make provision with respect to elections to such Legislature

Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.

Section 329. Bar to interference by courts in electoral matters

¹[Notwithstanding anything in this Constitution ²[***]-]

(a) The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 327 or article 328, shall not be called in question in any court;

(b) No election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.

1. Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 3, for certain words.

2. he words, figures and letter “but subject to the provisions of article 329A” omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 35 (w.e.f. 20-6-1979).

Section 329A. Special provision as to elections to Parliament in the case of Prime Minister and Speaker

¹[329A. Special provision as to elections to Parliament in the case of Prime Minister and Speaker.

Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).

1. Ins.by the Constitution (Thirty-ninth Amendment) Act, 1975, sec. 4.

Section 330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

(1) Seats shall be reserved in the House of the People for-

(a) The Scheduled Castes;

¹[(b) The Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and]

(c) The Scheduled Tribes in the autonomous districts of Assam.

(2) The number of seats reserved in any State ²[or Union territory] for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State ⁷[or Union territory] in the House of the People as the population of the Scheduled Castes in the State ²[or Union territory] or of the Scheduled Tribes in the State ²[or Union territory] or part of the State ⁷[or Union territory], as the case may be, in respect of which seats are so reserved, bears to the total population of the State ²[or Union territory].

³[(3) Notwithstanding anything contained in clause (2), the number of seats reserved in the House of the People for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the Scheduled Tribes in the said autonomous districts bears to the total population of the State.]

⁴[Explanation. In this article and in article 332, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year ⁵[2026] have been published, be construed as a reference to the ⁶[2001] census.]

1. Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause (b) (w.e.f. 16-6-1986).

2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

3. Ins. by the Constitution (Thirty-first Amendment) Act, 1973, s. 3. (w.e.f. 17-10-1973)

4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f. 3-1-1977).

5. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, sec. 6, for “2000” (w.e.f. 21-2-2002).

6. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, sec. 6, for “1971” w.e.f. 21-2-2002 and ahain subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, for ‘1991’ w.e.f. 22-6-2003.

7. Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, sec. 4.

Section 331. Representation of the Anglo-Indian Community in the House of the People

Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.

Section 332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, ¹[except the Scheduled Tribes in the autonomous districts of Assam], in the Legislative Assembly of every State ²[***].

(2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam.

(3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved bears to the total population of the State.

³[(3A) Notwithstanding anything contained in clause (3), until the taking effect, under article 170, of the re-adjustment, on the basis of the first census after the year ⁷[2026], of the number of seats in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly of any such State shall be—

(a) if all the seats in the Legislative Assembly of such State in existence on the date of coming into force of the Constitution (Fifty-seventh Amendment) Act, 1987 (hereafter in this clause referred to as the existing Assembly) are held by members of the Scheduled Tribes, all the seats except one;

(b) in any other case, such number of seats as bears to the total number of seats, a proportion not less than the number (as on the said date) of members belonging to the Scheduled Tribes in the existing Assembly bears to the total number of seats in existing Assembly.]

⁵[(3B) Notwithstanding anything contained in clause (3), until the re-adjustment, under article 170, takes effect on the basis of the first census after the year ⁶[2026], of the number of seats in the Legislative Assembly of the State of Tripura, the seats which shall be, such number of seats as bears to the total number of seats, a proportion not less than the number, as on the date of coming into force of the Constitution (Seventy-second Amendment) Act, 1992, of members belonging to the Scheduled Tribes in the Legislative Assembly in existence on the said date bears to the total number of seats in that Assembly.]

(4) The number of seats reserved for an autonomous district in the Legislative Assembly of the State of Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of the district bears to the total population of the State.

(5) The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any area outside that district ⁷[***].

(6) No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district ⁷[***]:

⁸[Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of the Bodoland Territorial Areas District, shall be maintained.]

—————————–

1. Subs. by the Constitution (Fifty-first Amendment) Act, 1984, sec. 3, for certain words (w.e.f. 16-6-1986).

2. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.

3. Ins. by the Constitution (Fifty-seventh Amendment) Act, 1987, sec. 2 (w.e.f. 21-9-1987).

4. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, sec. 7, for “2000” (w.e.f. 21-2-2002).

5. Ins. by the Constitution (Seventy-second Amendment) Act, 1992, sec. 2 (w.e.f. 5-12-1992).

6. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, sec. 7, for “2000” (w.e.f. 21-2-2002).

7. Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), sec. 71(i) (w.e.f. 21-1-1972).
8. Ins. by the Constitution (Ninetieth Amendment) Act, 2003, sec. 2 (w.e.f. 28-9-2003).

Section 333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States

Notwithstanding anything in article 170, the Governor ¹[***] of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, ²[nominate one member of that community to the Assembly.]

1. The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. Subs. by the Constitution (Twenty-third Amendment) Act, 1969, s. 4, for “nominate such number of members of the community to the Assembly as he considers appropriate”.

Section 334. Reservation of seats and special representation to cease after sixty years

334. Reservation of seats and special representation to cease after ¹[sixty years].

Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to-

(a) The reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and

(b) The representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination,

Shall cease to have effect on the expiration of a period of 1[sixty years] from the commencement of this Constitution:

Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.

1. Successively subs by the Constitution (Sixty-second Amendment) Act, 1989, s.2 for the words ‘forty years’ (w.e.f. 20.12.1989) and by the Constitution (Seventy-ninth Amendment) Act 1999, s.2 for the words ‘fifty years’(w.e.f. 25.1.2000)

Section 335. Claims of Scheduled Castes and Scheduled Tribes to services and posts

The claims of the members of the Scheduled Castes and Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

¹[Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or the State].

1. Ins. By the Constitution (Eighty-second Amendment), sec. 2 (w.e.f. 8-9-2000).

Section 336. Special provision for Anglo-Indian community in certain services

(1) During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947.

During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent. than the numbers so reserved during the immediately preceding period of two years:

Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease.

(2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities.

Section 337. Special provision with respect to educational grants for the benefit of Anglo-Indian community

During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State ¹[***] for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948.

During every succeeding period of three years the grants may be less by ten per cent. than those for the immediately preceding period of three years:

Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special concession to the Anglo-Indian community, shall cease:

Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent. of the annual admissions therein are made available to members of communities other than the Anglo-Indian community.

1. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Section 338. National Commission for Scheduled Castes

338. ¹[National Commission for Scheduled Castes.]

²[³[(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.]

(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission-

(a) To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes ⁴[* * *] under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;

(b) To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes ⁴[* * *];

(c) To participate and advise on the planning process of socio-economic development of the Scheduled Castes ⁴[* * *] and to evaluate the progress of their development under the Union and any State;

(d) To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;

(e) To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes ⁴[* * *]; and

(f) To discharge such other functions in relation to the protection, welfare, development, and advancement of the Scheduled Castes ⁴[* * *] as the President may, subject to the provisions of any law made by Parliament, by rule specify.

(6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.

(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: -

(a) Summoning and enforcing the attendance of any person from any part of India and examining him on oath;

(b) Requiring the discovery and production of any document;

(c) Receiving evidence on affidavits;

(d) Requisitioning any public record or copy thereof from any court or office;

(e) Issuing commissions for the examination of witnesses and documents;

(f) Any other matter which the President may, by rule, determine.

(9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes ⁴[* * *].]

⁵[(10)] In this article, references to the Scheduled Castes ⁴[* * *] shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also to the Anglo-Indian community.

1. Subs. by the Constitution (Sixty-fifth Amendment) Act, 1990, sec. 2, (w.e.f. 22-3-1992) and again subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, sec. 2 for the marginal heading “National Commission for Scheduled Caste and Scheduled Tribles” (w.e.f. 19-2-2004).

2. Subs. by the Constitution (Sixty-fifth Amendment) Act, 1990, sec. 2 for clauses (1) and (2) (w.e.f. 22-3-1992).

3. Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2 for clauses (1) and (2) (w.e.f. 19-2-2004).

4. The words “and Scheduled Tribes” omitted by the Constitution (Eighty-ninth Amendment) Act, 2003, sec. 2 (w.e.f. 19-2-2004).

5. Clause (3) renumbered as clause (10) by the Constitution (Sixty-fifth Amendment) Act, 1990, sec. 2 (w.e.f. 22-3-1992).

Section 338A. National Commission for Scheduled Tribes

¹[338A. National Commission for Scheduled Tribes

(1) There shall be a Commission for the Scheduled Tribes to be known as Commission the National Commission for the Scheduled Tribes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.

(3) The Chairperson. Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission-

(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;

(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;

(c) to participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;

(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;

(e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare .and socio-economic development of the Scheduled Tribes; and

(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

(6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.

(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses and documents;

(f) any other matter which the President may, by rule, determine.

(9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.”.

1. Inserted by Constitution (Eighty-Ninth amendment) Act, 2003, sec. 3 (w.e.f. 19-2-2004).

Section 339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes

(1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States ¹[***].

The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions, as the President may consider necessary or desirable.

(2) The executive power of the Union shall extend to the giving of directions to ²[a State] as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State.

1. The words and letters “specified in Part A and Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. Subs. by s. 29 and Sch., the Constitution (Seventh Amendment) Act, 1956., for “any such State”.

Section 340. Appointment of a Commission to investigate the conditions of backward classes

(1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.

(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.

(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.

Section 341. Scheduled Castes

(1) The President ¹[may with respect to any State ²[or Union territory], and where it is a State ³[***], after consultation with the Governor ⁴[***] thereof,] by public notification⁵, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State 2[or Union territory, as the case may be].

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

1. Subs. by the Constitution (First Amendment) Act, 1951, s. 10, for “may, after consultation with the Governor or Rajpramukh of a State”.

2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

3. The words and letters “specified in Part A or Part B of the First Schedule” omitted by s. 29 and Sch., ibid.

4. The words “or Rajpramukh” omitted by s. 29 and Sch., ibid.

5. See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the Constitution (cheduled Castes) (Union Territories) Order, 1951 (C.O. 32), the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956 (C.O.52), the Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 (C.O. 64), the Constitution

(Pondicherry) Scheduled Castes Order, 1964 (C.O. 68), the Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968 (C.O. 81) and the Constitution (Sikkim) Scheduled Castes Order, 1978 (C.O. 110).

Section 342. Scheduled Tribes

(1) The President ¹[may with respect to any State ²[or Union territory], and where it is a State ³[***], after consultation with the Governor ⁴[***] thereof,] by public notification ⁵, specify the tribes or tribal communities or part of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State ⁶[or Union territory, as the case may be].

(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for “may, after consultation with the Governor or Rajpramukh of a State,”.

3. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

4. The words “or Rajpramukh” omitted by s. 29 and Sch., ibid.

5. See the Constitution (Scheduled Tribes) Order, 1950 (C.O.22), the Constitution (Scheduled Tribes) (Union Territories) Order, 1951 (C.O.33), the Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 (C.O.58), the Constitution (Dadra and Nagar Haveli) Scheduled Tribes Order, 1962 (C.O.65), the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 (C.O.78), the Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968 (C.O.82), the Constitution (Nagaland) Scheduled Tribes Order, 1970 (C.O.88) and the Constitution (Sikkim) Scheduled Tribes Order, 1978 (C.O.111).

6. Ins. by the Constitution (Seventh Amendment) Act, 1956, sec. 29 and Sch.

Section 343. Official language of the Union

(1) The official language of the Union shall be Hindi in Devanagari script.

The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals.

(2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement:

Provided that the President may, during the said period, by order ¹ authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.

(3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of—

(a) the English language, or

(b) the Devanagari form of numerals,

for such purposes as may be specified in the law.

1. See C.O. 41.

Section 344. Commission and Committee of Parliament on official language

(1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission.

(2) It shall be the duty of the Commission to make recommendations to the President as to-

(a) The progressive use of the Hindi language for the official purposes of the Union;

(b) Restrictions on the use of the English language for all or any of the official purposes of the Union;

(c) The language to be used for all or any of the purposes mentioned in article 348;

(d) The form of numerals to be used for any one or more specified purposes of the Union;

(e) Any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use.

(3) In making their recommendations under clause (2), the Commission shall have due regard to the industrial, cultural and scientific advancement of India, and the just claims and the interests of persons belonging to the non-Hindi speaking areas in regard to the public services.

(4) There shall be constituted a Committee consisting of thirty members, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.

(5) It shall be the duty of the Committee to examine the recommendations of the Commission constituted under clause (1) and to report to the President their opinion thereon.

(6) Notwithstanding anything in article 343, the President may, after consideration of the report referred to in clause (5), issue directions in accordance with the whole or any part of that report.

Section 345. Official language or languages of a State

Subject to the provisions of articles 346 and 347, the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State:

Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution.

Section 346. Official language for communication between one State and another or between a State and the Union

The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union:

Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.

Section 347. Special provision relating to language spoken by a section of the population of a State

On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify.

Section 348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc

(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides-

(a) All proceedings in the Supreme Court and in every High Court,

(b) The authoritative texts-

(i) Of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,

(ii) Of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor ¹[***] of a State, and

(iii) Of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State,

Shall be in the English language.

(2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor ¹[***] of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State: