[REGD. GOA-I> ] Panaji, 28th October, 1976 (Karlika 6,1898l SERIES I No. 31 OFFICIAL GAZETTE GOVERNMENT OF GOA, DAMAN AND DIU GOVERNMENT OF GOA, DAMAN AND DIU Education and Public Works Department Directorate of Education ORDER DE/AcctsfiCPF /1/11/1599:1 Read Govt. Order No. DE/Sec/32/DF/66/21848 dated 25-3-1971.
Sanction is hereby accorded to effect the following modification to the rules attached to above men tioned order regarding Tri'(lle Benefit Scheme in non-Govt. Secondary Schaols of the Unian Territory of Goa, Daman and Diu.
Rule 31(x): The following may be added as pro viso to Rule 31 (x) :
"Provided also that the service of teachers prior to liberation of the Union Territory of Gaa, Daman and Diu, who have opted for Triple Benefit Scheme and still canti!ime to teach in the aided schaols without any interruption, will count as qualifying service for the purpose of pen.>ion/ /gratuity."
This order ilg asslled wi't,h the prior concurrence of the Ministry of Finance, Govt. 'Of India, as con veyed by the Ministry of EducatiJon and Social Wel fare (Dept. of EdUcation) Govt. of India, New-Delhi, vide their letter no. F.A.38017/8/71-UT-I/dated 3-9-76.
By order and ,n the name of 1Jhe Administrator Of Gaa, Daman and Diu.
W. Shaiza, Directar 'Of Educatian and Additianal Secretary' to Gavt. of Goa, Daman and Diu.
I'anaji" 12th October, 1976.
••• labour and Information Department 'Notification 11746/75-LAB/ESI/1584 , ,Whereas certain draft rules whil)h Government ~:,,:;,: of Goa, Daman and Diu proposes to make in exercise ~!:!::\r,> . ~ ,:,",~-;t!Y-_:, .
~,~rk it , of powers canferred under seotion 96 of the Empla yeeli1 State Insurance Act, 1948 (34 'Of 1048), were pUblished as req)lired by sub"section (1) 'Of section 96 of the saili Act, at pages 58 to 6S of the Official Gazette Series I No. 3 dated 19th April, 1975 under the Notification 'of Labour and Infarmation Depart ment, Gavernment of Gaa, Daman and Diu Na. Le/12 /ESI/73-74/354 dated 10th April, 1975, inviting objections and suggestions frOm any person likely ta be affected thereby within 30 days from the date of publication of N otificatian in the Official Gazette;
And whereas ,the '!W'."[ Gazette was made available to'the public' on 19th April, 1975;
And whereas no objections and suggestians are _ recei~ed from the public on the said draft;
Now, therefore in exercise of the powers conferred by Clauses (a) to (c) of sub-section (1) of Sectian 96 of the Emplayees State Insurance Act, 1948 (Central Act 34 of 1948) the Lt. Gavernor of Goa, Daman a.nd Diu, after consultation with the Emplayees State Insurance Corparatian hereby makes the fallowing rules, namely:-
CHAPTER I Preliminary
1. Short title, extent and commencement. - (1) These Rules may be called the Goa, Daman and Diu Employee's ITl'surance Court Rules, 1976.
(2) They extend to the whale of the Unian terri tory 'Of Goa. Daman and Diu.
(3) They shall came into farce with immediate effect.
2. Definitions. - In these rules, unless the cantext requires, atherwise-c.
(a) "Act" means the Emplayees' State Insu rance Act, 1948 (XXXIV of 1948);
(b) "Court" means an Emplayees' Insurance Court constituted under Sectian 74;
(c) "Form" means a form appended ta these rules;
(d) "Section" means sectian 'Of the Act;
(e) '''Government'' means 'the Government of Goa, Daman and Diu;
(f) "Union territory" means th;e Union ter ritory of Goa, Daman and Diu;
(g) All other words and expressions used herein and nat defin.ed shall have the m~.anings respectively assigned to them by the Aet;
, ;;,:, I 322
CHAPTER H Constitution of Courts
3. Composition of the Court and place of sitting. -
(1) A court shall ordinarily consist of one J lldge:
. Provided that the Government may, after consul- .
tation with the Corporation, by notification in the, OfficIal GazetJte appoint two or more Judges to a' Court for any particular proceeding or class of pro ceedings and for such period as may be specified in the notification.
(2) Subject to, the provisions of rule 6, a Court.
shall sit at such place or places and at such time as the Government may, after consultation with' the Corporation, from time to time, specify.
4. Presiding Officer of the Court. - The Govern ment may appoint the Presiding Officer of any·Indus trial Tribunal or any Labour Court or any Civil or Criminal Court as the Presiding Officer of the Court and such Officer shall thereupon discharge the funco tions of the Court in additibn to hils own duties.
5. Distribution of business where there are more Courts than one. - Where !)lore than one Court is constituted for the same local area, the Government may, after consultation with the Corporation by a general or special order,distribute business among them. .
6. Fixing of time of sitting, etc., where there is one Court for two or more local areas. - (1) Where one c:::ourt is constituted for two or more local area'S, the Court shall, subject to the approval of the Go vernment, appoint .the time at which the Court shall sit in respect of. each local area or ;in respect of any class. of. proceedings under the Act.
(2) Anotice of the time appointed under .suh-rule
(1) shall be published in such manner as the Go vernment may, from time to' time, direct.
7. Procedure where there are more Judges than on~- (1) Where .more than one Judge has been appointed to a Court, the Government shall specify their rank and precedence.
(2) The senior Judge for"the time bEling shall, from time to time, make such arrangements, as he thinks fit for the distribution of. business of the Court among the Judges thereof.
(3) When two or more Judges, sitting together, differ on any question, the opinion of the majority of such Judges shall prevail; where there is no ma jority, th~ opinion of the senior most Judge shall unless the Government otherwise directs prevap,
8. Abolition, etc., of a Court. - The Government may, with the consent of the Corporation hy nQltifi cation in the Official Gazette abolish any Court or by alike notification alter the jurisdiction of any Court ..
.. Conditions of Service of Judges. etc.
9. Appointment, salaries, ,allowances etc. - (1) The Goveriunlint may appoint It person qualified under section 74 of the Act to ooa Judge of a Court.
SERIES I No. 31 the Corporation and central Government, from time to time, determine.
~3) A Judge shall receive dearness allowance, com pensatory (city) allowance, house-rent and other allowances, at such rates and subject to such condi tions as are applicable to officers of the Government of a corresponding rank stationed at the same plaCE).
A 'Judge shall be entitled to leave .and leave salary under the leave rules which may from time to time be applicable to other Government servants of similar status and drawing similar emoluments.
(4) A Judge shall be entitled to travellingaUowc ance for journeys performed on official business in . a~Cordance with the scale applicable to the class of officers to which in the opinion of the Government such Judge belongs.,
(5) A Judge shall be subject to such other condi tions of service, 'as the Government may in consulta tion with the Corporation and the central Govern ment determine."
(6) Notwithstanding anything contained in sub -rules (2) to (5) the pay, allowances and other con ditions of service of a judge, if he is a person already in the service of the Government, shall be such as the StaJte Government may in consultation with the Cor pora:tIon and central. Government, by a general or speCial order, from tIme to time, determine.
(!) Where the Government has appointed any such OffIcer refened to in Rule 4, as a PresIding Offil:er of the Court, he may be paid such additional allow ance as the Government may, after consultation with the Central Government and the Corporation determine. . '
10. Appointment of other officers and subordinate staff . .,-.(l) The Government may, with the consent of the Corporation, appoint such ministerial officers and other subordinate staff as may be necessary for the. exerciSe and performance of the powers and dutIes conferred and imposed on a Court by or under the Act.
(2)The ministerial officers and the subordinate staff of a Court shall exercise such powers and dis charge such duties as the Judge, or if there are more Judges than one, the senior Judge, may, subject to any order of 'the Government, from time to time, direct.
. (3) The ministerial officers, and subordinate staff of a Court shall be subject to such 'conditions of &er vice and draw such salaries and other emoluments and receive such benefits as maybe fixed by the Government after consultation with the Central Go vernment and the Corporation.
Administrative Control and Court Seel
11. Administrative control of the HighCOnrl. ~:A Court shall be subject to the Administrative control and superintendence of the Judicial'Commissioner's Court/High CoU1.i;, and .shall_
(a) keep such 'r'egi~ter~,books and accounts as the Judicial Commissioner's Court/High Court may, from time to time, pre!ICribE);' and
(2) A Judge.shall receive such salary and allow ances as the Government may in consultation with , .,! . . ' .
(b) comply with such, requisitions as may be made by the Judicial Commissioner's Court/High Court or .the Government for subnfission of: service records. returns and statements. in such forins and - " ,28TH OCTOBER, 1976 (KARTIKA 6, 1898) .in such manner as the authority making the requi ,sition directs.
1,2. SeaI. - A Court shall keep a seal of such size, .dimensionS' and design as the Government may ,direct.
CHAPTER m Procedure and 'Execution of Orders
13. Application. ~ (1) Every proceeding under ,section 75 shall be instituted by the presentation of ,an application to the Court.
(2) Every such application shall be verified in the :same manner as a pleading 'in a Civil Court and shall 'be accompanied by two copies thereof. ' , (3) An application under section 77 shall be' pre~ ,sented in Form I shall be duly stamped in accor ,dance with these rules, and shall contain the fOllow jng particulars:-
(i) the name of the Court in which the appli , cation is brought;
(H) the full name including the father's name, description including age, occupation and place of residence of the applicant;
(iii) the full name including the father's name,description including age, occupation and place of residence of the opposite party so far as they can be ascertained;
(iv) where the applicant or the opposite party is a minor or a person of unsound mind a state ment to that effect and the full name, age, occu pation and address of his or her next friend or guardian;
(v) the facts constituting the cause of action and the date when it arose;
(vi) the facts showing' that the court has jurisdiction;
(Vii) particulars giving the address within the jurisdiction of the Court at which notice or summons may be serVed on the applicant; and
(viii) the relief which the applicant clanns.
(4) The Court may summarily reject an applica -tion if it is not in accordance with sub-rule (3).
14. Production, of documents. - (1) When any application is based upon, a document, the document ,shall be appended to the application.
(2) Any other document which any party desires -to tender in evidence shall be produced at or before the first hearing.
(3) Any document which is not produced at or within the time specified in sub-rule (1) Or (2), as the case may be, . shall not, without the' permission -of the Court, be admissible in evidence on behalf of the party who should have prodUCed it.
(4) All such documents shall be accompanied by an accurate list thereof prepared in the manner pres <cribed in Forin2.
(5) Nothing in this rule shall .apply to any docu ment which is produced for the purpose ,of. cross -examining a ,witness or is handed toa witness to -refresh his memory.
15. ,Regis,ter of ItPplications. '-, All applications ;shall be entered in a Register in Form 3' called the • Register of Proceedings. Such entries shall be, seri ally numbered for every calendar year according . to the order in which the applications are presented.
16. Place of suing. - In· cases not falling under Sub-section (1) of Section 76, a proceedings against any person shall be instituted in the Court within the local limits of whose jurisdiction-
(a) the opposite party or each of the opposite, partieS where there are more than one, at the time of commencement of the proceedings, actu- ally and voluntarily reside, or' carries on busi ness, or personally works for gain; or
(b) any of the opposite parties, where there are more than one, at the time of the commen~ cement of the proceedings actually and volun tarily resides, or carries on business, personally works for gain, provided that in such case either the leave: of the Court is given, or the opposite parties who do not reside, or carryon business or personally work for gain, as aforesaid, acqui esce in such institution; or
(c) the cause, of action, wholly orin part;
arose.
17. Application presented to wrong Court. -- (1) Where on receiving an application it appears to the' Court that it should be presented to another .Court, it shall return it to the applicant after endorsing upon it the dates of the presentation and return, the' 'reason for returning it and the name of the Court to which it should be presented.
(2) Where it appears to the Court at any Etage' suhsequent to the presentation of an application, that the application should have been presented to another Court in the same Union territory, the first, mentioned Court shall send the application to the' Court empowered to deal with it and shall inform the applicant (and the opposite party, if he has recei ved a copy of the application under rule 18), accord~ ingly.
(3) The Court to which an application is trans ferred under sub-rule (2) may continue the proceed ings as if the previous proceeding or any part of it had. been taken before it, if it is satisfied that the interests of the parties will not thereby be prejudi ced.
18. Issue of Summous.- (1) On receiving an application, the Court shall, ordinarily within three days thereof, cause to be sent to the party from whom the applicant claims relief (hereinafter refer red to as the "Opposite party"), a summons in Form 4 or Form 5, as the case maybe, to appear and ans wer the application on a day, not later than fifteen days from the date of issue of such summons:
Provided that no such summons shall be' issued when the opposite party has appeared at the pre sentation of the application and admitted the appli cant's claim.
(2) A coPY of the application shall also be sent along with the summons under sub-rule (1).
19.5ervi~ of SummOns or notice..-: (1) A sum mons or notice may, on payment of the required ,fee, be sent by the Court by whichit is issued, either by registered post or ill. such other manner as the Court think fit. ' . ' "
(2) Where lihe Court is satisfied that t?ere is.r~a son to believe that the .. opp<:>l>ite',party ,IS'avOIdmg service or that for any reason the summons or the notice cannot be served in the ordinary way, the Court shall order the summons or the notice to h,e reserved by affixing ,a copy thereof in some COnsPI cuous place in the Court house, and also upon sOI;ue conspicuou" part of the house in ~hich the o~poslte party is known to have last resided ?r carried on .
business or personally worked for gam or m such other manner as the Court thinks fit and such ser vice shall be as effectual as if it had been made on the opposite party personally.
(3) Where a summons or notice is served tmder sub-rule (2), the Court shall fix such ti~e for the appearance of the opposite party as the circumstan ces of the case may reqUire.
20. Additional matters in the summons. - The Court shall determine at the time of issuing thEl sum mons whether it shall be for the settlement of the issue~ only and/or for the final disposa.J. of th~ aPl?li cations, and the summons shall contam a directIOn accordingly; the Court may also call upon the p~r ties to produce upon that date any eVidence which they wish to tender.
21. Written statement. - (1) The opposite party may, and, if so required by the Court, shall at or before the first hearing or within such time as the Court may permit, present a written statem~nt of his defence along with the documents on which he relies and an accurate list thereof in Form No.2.
(2) Every such written statement shall be veri~ fied 'in the same manner as a pleading in a Civil Co urt and shall be accompanied by two copies thereof.
(3) In every written statement submitted under sub-rule (1) the opposite party shall deal specif!cally with each obligation of fact alleged by the applicant, of which he admits or does not admit or denies the truth. The written statement must also contain all matters which show that the application is not main tainable and all such grounds of defence as, if not raised, would be likely to take the applicant by sur prise or would raise issues of fact not arising out of the application as for instance, fraud, undue influ ence or coercion, release, payment performance or facts showing illegality of the transaction.
'22. Failure to present written statement called for by the Court. - Where any party from whom a written statement is required fails to present the same within the time prescribed by the Court, the Court may pronounce judgement against it or make such order in relation to the proceeding as it thinks fit.
, 23. Framing of issues. - (1) At the first hearing of the application, after the summons is served the Court shall, after considering the application ~nd the written statement, if any, or after such exam.na tion of the parties or any persons or any document as may appear necessary, ascertain upon w~atmate rial proposition of fact or of law the partles are at variance, and shall thereupoo proceed to frame :lind record' the iSSllles' upon 'which the right decision appears to depend.
',' (2) In recordingtihe issues, the Court shall dis tinguish' between' those issues which in its Qpinion Wi • 8ERIE81 'No. 3L concerns ,points, of fact and those which concern, points of law.
(3) The Court may, in like manner, at. any tinle, before passing its: final order add to, strike out 'from.
or in any way amend the issues on such terms 3iS it may think fit. '
24. Order where parties are not at issue. - Where at any Ihea'rlIig"of the caSe it apPears that the parties are not ,at issue on any question of law or of fact theCour1; may at once pronounce its final order.
25. Appearance of parties and consequences of' non-appearance. - On the, day fixed in the summons.
for the opposite party to appear and answer, the parties, shall be in attendance at the Court in person Or by their respective legal practitioners or any other' person authorised under section 79 and the applica-· tion shall then be 'heard unless the hearing is adjour-' ned by the Court.
(2) When neither party appears when the 'appli cation is called on for hearing, the Court may make" an order that the application be dismissed.
(3) 'Where the oppos'ite party appears and the applicant does not appear when the application is, called on for hearing the Court shall made an order' that the application be dismissed unless the opposite party admits the claim or part thereof in which case the Court shall make an order against the 'oppooite party upon such admission and where part only of the claim has been admitted, it shall dismiss'.
the case so far as it relates, to the remainder.
(4) Where the' applicant appears and the opposite party receiving the summons fails to appear when the application is called on for hearing, the Court may proceed excparte.
(5) 'Where the application is wholly or partly dis-· missed. under SIlib"rule (2) or (3), the applicant may' within thirty days of such dismissal apply inForm 6· fer an order to' set the dismissal aside and the Court shall, if· it is satisfied that he was prevented from appearing when the proceeding was called on' for hearing' due to any sufficient cause lllake an order setting aside the dismissal upon such terms' as to costs or otherwise as it thinks fit and may proceed with the case or appoint a day for proceed-, ing with the same:
Provided that no order under this sub-rule shalL be made in respect of an :lipplicatio~ which is di~-.
mis'sed under sub-rule (3) unless notice of the apph-, cation has been served inForm 7 on the opposite party.
. (6) I:h any application in which an ex-parte order' has been passed against the opposite party, he may within thirty days from tihe date of such order apply in Form 6 to the Court 'which passed the order, to set it aside and if the Court is satisfied ,that he was prevented from appearing when the ~r?ceeding W3;$ called on for 'hearing due to any suffiCIent cJl-use, ~t shall after serving notice thereof to the applicant m.
Form 7 make an order setting 'aside the order upon such terms 'as to' costs' or otherwise as it thinks fit and may-proceed with, tI!e he3;ring of the case or' appoint a day for proceedmg With the same.
26. SUmmoning of witnesses. -(1) Atianytime aftertlieframing of the issues; the CourtmaycaU, i 28TH OOTOBER, 1976 (KARTIKA 6, 1898) upon the parties to produce their evidence in support of the issues'.
(2) The Court may, on the application of either party, issue a summons in Form 8 to any witness directing him to attend or to produce any document.
(3) The Court may, before summoning any wit ness on application under sub-rule (2), require that his reasonable expenses to be incurred in attending the Court, be deposited with it. .
27. Grant of time and adjournment of hearing.
(1) The Court may, if sufficient cause is shown, at any stage of the application grant time to the parties or to any of them, and may, from time to time adjourn the hearing of the application.
(2) In every such adjournment the Court shall fix a day not exceeding fifteen days from the date on which such adjournm~nt is made for the further hearing ill the application' and may make l;luch order as it thinks fit woth respect to the costs bccasdoned by the adjournment:
Provided that when the hearing of the evidence has once begun, the hearing of the application shall be, continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the hearing beyond the following day to be necessary for reasons to be recorded.
28. Right to begin proceeding. - The applicant had the right to begin unless the opposite party admits the fact alleged by the applicant and contends that either in point of law or on some additional facts alleged by the opposite party, the applicant is not entitled to the relief which he seeks, in which case the opposite party has the right to begin.
29. statement and production of evidence. _. (1) On the day fixed for the hearing of the application or on any other day to which the hearing is adjour ned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove.
(2) The other party shall then state his case and produce his evidence (if any) and may then address the Court generally on the whole case. '
(3) The party beginning may then reply gene rally on the whole case.
30. Method of recording evidence. - The evidence of each witness 'shall be taken down in writing by the Judge or wliere there is more than one Judge, by the junior Judge in the language of the Court, not ordinarily in the form of question and answer, but in that ill a' narrative, and when completed, shall be read over or translated, where necessary, in the presence of such Judge to the witness, and such Judge shall, if necessary, correct the same and sigu it.
31. Recall of a witness. - The CoUl't may at any stage of a proceeding recall any witness who has been examined and may (subject to the law of evid ence for, theUme being in force) put such questions to him as the Court thinks fit.
32. Inspection by Court. - The Court may at any stage of a proceeding inspect any property or thing concerning which any question may arise.
33. Pronouncement of order. - The Court, after the application has been heard, shall pronounce its 325 final order in open Court, either at once or on some future day, of which due notice shall be given to the parties. ' ,
34. Signing of order. - The final order shall be dated ,and signed in open Court, at the time of pro nouncing it and, when once s»gned, shall not after wards be altered or added to, s'ave in the case of clerical 'or arithmetical mistske arising from any accidental slip or omissi Ion. '
35. Statement of decision on each issne. - In cases in which issues have been framed, the Court shall state its finding or decision, with the reason there fore, upon each separate issue, unless the finding upon anyone or more of the issues is SIIlfficient for the decision of the c'ase.
36. Compromise of snit. - Where it: is proved to the satisfaction of the Court that a .case has been adjusted wholly or in part by \my lawful agreement or compromise, or where the opposite party satisfies the applicant in respect of the whole or any part of the subject matter of the case, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a filial order, in ac-, cordance therewith so far as it relates to the case.
37. Finality of Order. - Save as provilied in gee tion 82, the order of a Court shall be final and bind ing upon the parties.
Costs, Decree, etc.
38. Costs. - (1) The costs of and· inciliental to the application shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such Costs are to be paid, and to give all necessary directions for the purpose aforesaid. The fact that the Court has no jurisdiction to try the cas,e shall be no bar to the exercise of such powers.
(2) . Where the Court directs that any cost shall not follow the event, the Court shall state its reasons in writing.
39. Contents of the decree. - (1) A decree in Form 9 shall be prepared in conformity with the order made by the Court; it shall contain the number of the application, the names and descriptions of the parties, and particulars of the claim, and shall spe cify clearly the relief granted or other determina tion of the proceeding.
(2) The decree shall also srtate the amount of costs incurred in the proceeding and by whom and in what proportions such costs are to be paid.
(3) The Court may direct that the costs payable to one party by the other shall be set illf against any sum which is admitted or fund to be due from , tlhe former to the latter.
40. Certified copies of order, decree, etc., to ~;;i furnished. - (1) Certified copies of the final order, ''I decree or any other order or matter on record shall be ,furnished to the parties on application to the Court and at their expense.
(2) If any party reqnireS copies of any order, ,deere,e, or any other matter on record made by or furnished to the Court, as the case may be, to be supplied to him within forty-eight hours of the sub mission ill anappJica1Jion therefore to the Court, he shall pay an' additional fee of two rupees for each such copy. '
326.
(3) If any party applies for copies of any order, decree or any other matter on record made by· or furnished to the Court, as the case may be, after the expiry of twelve months from the date of such making or furnishing, as the case may be,he shall pay an additional searching fee of two rupees.
Execution
41. Execution. - (1) Any person in whose favour· an order had been passed shall, within one year from the date of the order, apply in Form 10 to the Court which made the order for its execution,
(2) On such application being made, the Court shall send the same together with the necessary record ·to a Civil Court, of competent jurisdiction, for the execution and 'such Civil Court shall have the same power in executing such order as if it has been passed by it.
42. Communication of fact of execution 01' other wise. - The Civil Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution or where that Court fails to execute the same and the circumstances attending such failure.
·CHAPTER IV Fees and Costs
43. Fees. - (1) The fee payable on an application in respect of any matter referred to in section 75 shall be two rupees.
(2) Subject to the provisions hereafter mentioned in . this rule, the fee payable in respect of any other application except a written statement called for by the Court under these rules shall be fifty paise:
ProVided that . the fee for an application for obtaining a copy or translation of any document or record or statement, . order or decree presentM to or made before or by the Court, as the case may be, shall be ten paise.
(3) The fee for copies of any document on record, or statement or order or decree shall be such as may from time to time be determined by the Government after consultation with the Central Government and the CorporaJtion.
(4) The fee foc any authorisation for the appear ance of any person under section 79 on behalf of any of the parties in: a case shall be one rupee.
(5) The fee for fHing certified copies of any docu ment in a Court shall be fifty paise.
(6) All fees referred to in this rule and rule 40 shall be collected by' means of court fee stamps used in ordinary CoUrts and no document which ought to bear stamp under these rules shall be of any validity .unless and until it is properly stamped:
Provided thatwhere.any such document is through mistake or inadvertence, received, filed or. used . in a Court without being properly stamped, the Court may, if it thinks fit, order that such document be stamped as it may direct and on such document being SJtamped accordingly the same and every pro ceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.
(7) No' document requiring a stamp under this rule shall be acted: upon !in any proceeding in a Court until the stamp has been cancelled.
SERIES I No. 31
44. Payment of costs of services of swnmons, etc.
(1) The cost of service of summons or notices or the expenses of the witnesses in any case or the fee payable in respect of any. matter not referred to in the preceding rule shall be such amount as may be specified in each case by the Court, and such amount or any other sum of money payable under these rules shall be paid in such. manner and within such time as it may specify therefor.
(2) Any amount which is left over after meeting the expenses, if any, for which it was intended, shall be returned by the Court to the party by whom or on whose behalf the amount Was originally paid to the Court.
(3) The Court shall maintain proper accounts of the amount received and disbursed under sub -rule (1).
45. Fees l1lI.d costs of poor persons. - The Court may, . w~enev:er ~t thinks fit, receive and. register proceedings InStituted under the Act and applica tions made under these rules, by persons who are paupers, and may iSISue summons or notices on behalf of such persons, without payment or. on a part payment of the fees and costs mentioned in rules 43 and '34.
CHAPTER V . Miscellaneous
46. Provisions in the Code of Civil Procedure, 1908 (V .~f 1908) etc., to apply. - In respect of matters relating to powers, procedure or admission of evidence for which no specifi~ provision is made in these rules the provisions of the Code of Civil Procedure 1908 (V of 1908), including the Rules made ther~under and the Indian Evidence Act, 1872 (I of 1872), shall, so far as may be, apply to proceedings under the Act.
FORM 1 (Rule 13) In the ,Employees' Insurance Court at '" A. B. (add des cription and residence) ... Applicant;
agaJinst C~D. (add description and residence) ... OppoSIte Party.
Other particulars of the application specified in ru:le 13 ...
Date '" Signalture 'Of the applicant (Vel1i!ftcation by tire applilcant) The statement of facts C'ontadned dn this application is to the :best I()f my knowledge and beHef true a..nd correct.
'Signature DaiI;e ...
FORM 2 (Rul<>s 14 and 21) applicant List of documents prOduced by ...::.:~-- opposite party (.Title) e. g. Descrffiption, subje?t, name of the Court,_ No.
Description Date if any, Signature of party No. which the or pleader or any of document document auth.orised reprebear sentatives 1 2 3 4 28TH OCTOBER, 1976 (KARTIKA 6, 1898) 327 FORJM 3 R.egister of Proceedings (Rule 15) Employee's Insurance Court at ...
Register 'of Proceedlngsfin the year 19 To Applicant j Opposite FORM 4 (Rule 18) Claim sUmmons' for disposal of proceedings (Title) (Name, description and place 'Of residence).
Whereas ... has 'instituted proceedings aga1nst you for you are hereby summoned to appear in this Oourt in person Dr by authortised agent duly !instructed and able to answer all material questli.:ons relJat1ng to the case, or who shall be accompan'ied by some person able to answer all such quesM tiOns at ... O'clock in the .. , noon on the ... day of .. , 19 .. ~ to answer the c1aJim, and a:s the day fixed for your appearance ,is appointed for the final disposal of the proceedrings, you must be prepared to produce on that day aN the wtltnesses upon whose evidence I8l11d all the documents upon which you <intend to T'elay in support Otf your defence.
. Take notice that, in default of your appearance on the day before mentiJoned, the-,case Will be heard and determined in your absence.
'G11VeIl. under my hand and the seal of the Court, th1s ••• dayof ... 19 ...
. , Court .
Notice: - 1. Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call on the witness to produce, on the applying to the: Court and on depositing the necessary expenses.
2. If you admit the claim. You should pay the money into Court together with the costs of the proceedings to avoid execution of the decree, which, may be against your person or property or both.
FORMS (Rule 18) Summons for settlement of Issues To (N1ame, Description and Place of residence).
Whereas ... hss finst!ltuted proceedingsags;inst you for you are hereby summon'ed to appear 'in the 00Urt in perscm, or by an authorised agent duly instructed and able to an'swer ' all material question'S relating to the proceedings or who APpeal Execution shall be ac~panied by some person able to answer such questi'On at .. ' O'cloc,k in the h. noon. On the '" day of ...
19 ... to aillswer the claim and you are directed to produce on that day all the documents upon wh'ich you :intend to rely in support' of your defence.
Take notice that in default of your appearance on the day before mentioned, the case will be heard and detennined in your absence.
Given under my hand and the seal of <the Court, this ...
day of .19 ...
Court.
Notice: ..:.... 1. Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness and the production of any c~ocument that you have a right to callan the witness to produce, on applying to the Court and on depositing the necessary expenses.
2. If you admit the claim. You should pay the money into Court together with the cost of the suit, to avoid execution of the decree \vhich may be against your person or property or both.
FORM 6 (Rule 25) ('!litle) 'Subject: -Application for settling aside Ex-parte order.
The ... above named states as follows: - (The grounds of application should be stated).
Date ...
'S'ignatu-re rof the appllicant Verification by the "ppM"",t.
The statement 'Of facts contained in th'e appl'ica11i:on !is to the best of my knowledge andbellef. true. and correct.
D.ate '" Sliglnature PJace .. , 328 SERIES I No. 31 To FORM 7 (Rule 25) General Form (Title) FORlM 9 (Rule 39) Decree in case (Title) C1<l!im !for Whereas the above named ... has made app1d.cation on this Court .that ... You are hereby WaTne<! to-appear in thts Court in person or by a pleader only instruct-ed at •.• O'clock in the ...
noon, .on the· .. , day of '.' 19 , ... to show cause aga'inst the application failing wherein, the said appl'lcation will be heard and determined ex-parte.
Tlili!s case coming on tb!ls day for finial disposal before irn the presence of for the applleant and of ••• for the oppoSite party, .t is ordered and decreed that ... and that the sum of Rs. ... be' PaJid by the '.' to the '" on account of the oosts Of thJis sUllt, w~jth interest thereon at the rate of ~ ~ ,- per cent. per annum from this date to the date of realisation.
Given under my hand and seal of the Court, thiS .. , day of ... 19 ...
To FORM 8 (Rule 26) Summons. to Witness (Title) COUrt Whereas your attendance is requiTed to ... on ,beba:1lf of the ...
lin the above proced:ings, you ·are hereby required (P-ersonaYy) to appear before this Court on the ... day of ". 19 •.• at ...
O'clock in the morning, and to bring with you' (or to send to tMs ... COurt ....
A sum of Rs. .,. being your travelling and 'Other expenses and subsistence allowance for one day, is depoSited with this COurt and wm he tendered to you on the day' you appear hefore the Court. If you fBlil to comply with this order without lawful excuse, you will be subject to the consequences of non~a:tten:dance la'iid down dn rule 12 of Ord~ X!V[ of the Code of Civil' Procedure, 1908 (V of 1908). ~, Given under my hand 'and seal of the Court, thiS ... day of ... 19 ...
Court Notice: - If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid.
If you are detained beyond the day aforesaid, a sum of Rs ....
will be tendered to you fOr each day's attendance beyond the day specified.
Given under my hand and the seal of the Court, this .,.
day <Yf ••• 19 ...
COUrt.
Cost <>f Suit
1. Stamp for applica tion
2. Stamp for Power
3. Stamp for exhruits
4. Pleader's fee
5. Subsistence !for wi-tnesses Rs. a. p.
6. Comm1ssloner's fee ...... .
r. Servtce <>f summons .. .
and notJioes Tat",l Stamp for ·power 'Stamp for w-r.iltten Slf::atement Pleader's fee ISubSi'Stence for witnesses Se:rv'ice d;f sum~ mons and notices Rs. a. p.
Comrrn'SSiloner's fee ...
FORM 10 (Rul" 41) Application for the execution of a decree In the Court of '" decree-holder. hereby apply for execution of the decree hereinbelow set forth:- I • I"'" !:: 'OJ::: ~ e @ "d'" 41 2::: .. ~~ ~ g§ ~f§t:t>.· ~ r. §os·~~..., =:.Q • .0 ;g ~ 11;, Q.'C :z~ S~~~§ •~ - '9;:., .::;<;:j ..... <l)~....,"b ~ ~ .. _.j:: ,~ 0;:::"0 ,d::::: ~ <D El Q. _ : ~ ~ - 5....,<D o wf 0 -o@"d i ~~ §'5 · ..... =:'"' .... 1-<0 ~'CI '0 .g I..f! i o~ ";: ~0i.>.~~ o"g y~ ~ ~(fJ _ I..! ~ :g?~ ....,§'.c.og .... '0 .... ;:;
Mode in which the assistance of the Court is _ required cu _ 0 1l.e I <D ci - s:: .... <1> ....... (fJ s::: '"' !11 ~ I ,D. <l) .... <ll • ~'2 .S:~::I ::I<Il0I-<t: Ol ::Io~ d<l) I' E S .s <l>... 0:;", ... ::::~ o::ll-<llo;t;lj:! ? 'Cil~ i ~'~1-:.~.::;.::-----11-'-~-- ~ "J, .. &5 E __ ~ :_" ~: 0: p. 0 =_ ~8:_:_":::::::_-~-,-9:"·::::::\1 ----(W-h-e-n-.-t-:~hm--en~-.-n-d-sal-e-Of I movable property is sought.).
I I I pray that the total amount of I " I' I I Rs .... (together with interest on the" H H H principal sum up to date of payment) \ and the costs of taking out this exe- I cutton, be realised by attachment and <l) K Po sale of the opposite party's _mova- Ii I ~-S .-ii;1:::;:;- ble property as per annexed list and * I ~"g ~ Po$'§ i ~ paid to me.
~ ! ~ ~ * --* ~ s .e \11 ~ (When attachment and sale 0 . Ii ~ '0 en .E co '0 2.... ... immovable property is sought.).
; 8 ~.-1 ~ .. ~ S Po \ o. I pray that the total amount 0 , .----. f.§~ e= '0 I ,~, • ,pA Rs.- ... (together with interest on the I ii; I O+';'" ~O:;"":p ~~ '@ g ~ :Sd principal sum up to date of payment) I .c ' ..;. 3 ~ ~ f S ;.., ~ II g.s .5 and the costs of tak·ing out this exe 'E I \I~:::: ~$g~ ~+,p'~ _ 21 tlb cution,-be realised by attachment and ! ~A" I C) 0 t- g;.c: .s ~;.., ~ =~,.Q -4) ~ .s; sale of the opposite party's immova i g: 0 - ~ ui~~ .e~~o rtI· ... ~~~;.., ~Po Ib1e property specified at the foot 0 I <0 Z Z f=.4 ~ I"-t < 00: < . this application and paid to me.
1, ... declare: ~at what 'IS stated herem -IS true to the best of- my knowledge and beUef.
Dated the.:. day of ... 19 ...
Signed ...
Decree Holder By order and in the name of the Lt. Governor of Goa, Daman and Diu.
P: Noronha, Under Secretary, Industries ahd Labour: . .
Panaji, 20th October, 1976.
28TH<OCTOBER, 1976 (KARTI-KA 6, 1898) law and, JodicialDepartment Notification .lJD,I2l121/16 The . fOllowing notification received from the GO vernment of India, Ministry of LaIbour, New Dellii is hereby repubJiShed for general information of the public. ' . .
M. S. Borka:r, Undier Secretary (Law).
Panaji, 4th June, 197~.
tVIlNISTRY OF LABOUR Notification If ew Del1vi, the 28th February, 1.976 G. S. R. 99(E) -in exercise of the powers con ferred by sub-section (1), read with sub-section ('2) of section 26 of the Bonded Labour System (Aboli tion) Act, 1976 (19 of 1976), the Central Govern ment hereby makes the following rules, immely;--, . 1. Short title and cornmencement.- (1) These rules may be' c!dled 'the Bonded Labour System (Abolition) Rules, 1976.
(2). TheySh!d1 ~me. into foree on the date of their publication in the 01'ficial Gazette.
2. Definition .. - In 'these l'Illes, uuless the context otherwise requires, ~
(a) "Act" means the Bonded LaboUr System (Abolition) Act, 1976 (19 of 1976);
. (b) "'District Vigilance Committee" means a Vigilance Oominittee constituted for a district under sub.section (1) of section 13;
(c) "section" meal1Sl a section of the Act;
(d) "Sub-Divisional Vigilance Committee" means a Vigilance Committee 'constituted fur a SU'b-division under sub-section (1) of section 13.
3. Term of Office; and vacation of seat, of mem bers of District. Vigilance Committee. - (1) Every member, of a District Vigilance Committee, nomi nated under clauses (b~,(c), (d). and (e) of sub -section (2) of ; section 13 shall hold office for a period of one year from date onwhicll his nomina tion is notified in the Official Gazette and Sh!dl, on the expiry of the said period, continue to hold office until his succesSor is nominated and shall also be eligible for re-npmination.
(2) Every member referred to in sub-ruIe (1) -
(a) may, by giving notice in writing to the authority which nominated him, resign his' office· and, on SlUch resignation being accepted, shall be· deemed to have vaca:ted his offiCe;
(b) shall be deemed to Ihave vacated his office-
(i) if he fails to attend three 'consecutive meetings of the DistrictYigilance Co1ll!l1ittee \Vithoutobtaining leave of. the Chairman of sucllabSence; ..." , , ' . • .,. .' .
.- •• " .. ,;' -J ,: •.. " :',,,-",, :c.i " , .. Provided ,that the, ttuthority,Which nomi , nated .. him . may, if' it "is 'satisfied. that,SIreh memlbel' was prevci1tedby ·SUffici~t",eauSe :from attending 'the 1:hree consecutive meetings of the Committee, restorchlm to membership;
(il) if he becomes subject :to any of the following'disqualifJcations, namely,; 7
(1)' is adjudged insolvent;
(2) is declared to be of unsound mind bya competent-court;
... (3) Cis eonv.icWbf an 'offence'whlcll,in . :the, opinion of the 3iUthority, which nomi . nated Jtim, .involves moral t1wpitude; ,
(c) may be removed from office, if the 3.utho..
. ,rity, which nominated such members, is of the 'opinion that such member has ceased torepre.
,S'eIlt the interest !o represent which he was nominated;
Provided that a member shall not be removed from office under thisClau.se unless a reaSOn- , able opport'lmity is given to him fors'howing , , ' caqseagainst such· remov:!d ..
":(3) A member; nominated to fill a casu.!d vacancy shall hold office for the unCX!pired portion of the t~rm d:f. his predecesSor. . -" -,(,' .
'4. Term of office, and vacation of 8eat, of mem bers of Sub-Divi8:innal Vigilancl1 Committeea. -'(1) E"ery member,. of a Sub-Divisional Vigilance COm mittee; nominltted under :clauses (b), (c), (d) and (.e) of sub-section (3) of section 13 Sha:ll ho:ld offi~ for ,a period of one year from the date on whicll his '. nomination . is notified in the Official Gazette and shall, on the expiry of the saiid period, continue to hold' office until his successor is nominated and shall also be eligible for re-nomination.
(2) Every member referred to in sub-rule (1) -
(a) may, bygivlng notice in w:dting to tihe authority, wMcll nominated him, resign !Ilis office and, on such resignation being: accepted, s~all be. deemed to have vacated hls offfee;
(b) shall he deemed to have vacated" his ofj)ice-
(i) if he fails to attend three consecutive meetings of the Sub"Divjsionai Vdgilance :Committee without obtaining leave of tlie Chairman of such Committee for such ab sence:
Provided that ,the authority whiich nomi naetd him may, if it [51 satisfied. that such member was 'prevented by sufj)icientcause from attending three c<msecuttv:e meetings of the eomm1ttee)!estore him to membership;
(ii) 'if he becomes subject to any of the following disqualificatiollSl, namely;-,- .(1) '. is adjudged 'insolvent;
(2) is' declared to bel of unsound mind byaeompet'lnt court;
(,3) is 'convicted of an offe:qce which, in the opinion of the authority, Which nomi .. nated him, :involves; morru • turpitude; • . (c) may ~·ri)ib.l.lVedfi'<)!lr"offiCe, if the au thority which nomlinated suCh' member, • is of the . opinion that such member has ceased to '.: iepresent',tlie,. interest; to. represent which he was nominated;
'p,tovided' that !t .iriember shall nat be removed from .office .under this :Clause unless a reason- ) _"',-' _..: ...• L 330 able opportunity is given to him for showing cause against· such removal.
(3) A member nominated to filia C!aSiUal vacancy shall holdoffiee for the unexpired portion of the term of his predecessor.. ..
5. Prescribed autlwrity unae,.sub-section (6) of section 6. -:- An application under. sU!b-section (6) of .section 6 for restoration of possession of any property referred to in sub-'section (~) or SIlb-sec flOn (5) of that S€iCtions'hall be made to the Exe cutive Magistrate, on whom the powers of a Judi cial 1fugis!trate of the jJirst 'class or of the second .
class have been confurredunder sUb-'seotlon (1) of section 21,and within the 'local limits of whose jurisdiction the sadd property is, or the applicant has reason to believe 'is, situated at :tJh.e time of makiing the application:
Provided that wheretllere are two Executive Ma gistrates, on one of whom the powers of a Judicial Magistrate of the first class and on the other the powers of il.Judicial Magistrate of the second dass have 'been conferred under sub-'section (1), of sec ti0l!- 2J. havmg jurisdiction to entertain the llippli catIon for restoration of possession of property referred to .in sub-'rule (1) ,the application shall be made to the Execuuve Magistrate on whom t'b.e powers of a Judicial Mag'Jstrate of the seICOIld class have been. conferred.
6. Time within whAch an application wnder sub -section (6) of section 6 is to be made. -An appli cation under sub-section (6) of section 6 for resto ration of possession of any property referred to in - sub-section (4) or sub-'section (5) of that section shall be made within a period of ninety days from the date on which these rules come ;into force.
7. Rerords to be maintained by District Vigilance Committee to ensure the implementation of the pro vj,sionsof the Act and Rules. - In order to 'ensure the implementation of the Act and the Rules,. every District. ¥igilap.ce Committee shaH maintain the following registers in respect of freed bonded. labour within tlle local 1irniits of its jurisdiction, namely: -
(a) . a register containing the names and ad dresSes of freed bonded labour;
"
(b) ,a register· contruining statistics relating to the vocation, occupation and income of every freed bonded labour;
(c).a register containing details of the bene fits whi'ch the freed bonded labour are receiving, induding benefits in the form of land, inputs for agriculture, mining in 'handicrafts and allied.
occupations; loans at differential rates of inte rest or emp'loyment inur'ban or non-urban areas;
(d) a register containing details of cases under sub-'section (6) of section 6, sub-section
(2) of, sectiOn 8,! sub-section (2) of seCtion 9, section 16, section 17, section 18, section 19 and SlMion 20., .
- -..
:[No. M-13011/7/75-AL-Part. m] , D. BANDYOPADHYAY, Joint Secretary.
. 'SERIES INf>. 31 Notification -," ., LiDj2328/76 The following nOOifilmtion ;eceived from the Go vernment. of India, Ministry of Finance, New D€Ilhi is, hereby republis'hed for gelleral infOrmation of the public. .. ' M. S. Barkw, Under Secretary (Daw) ..
Panaji, 19th June, 1976.
. GOVERNMENTOF' INDIA MINISTRY OF FINANCE (Department of Economic Affairs) New Delhi,the 30th March, 1976 Notification The Central Government hereby directs that with effect from the 1st April, 1976, the National Savmgs Annuity Certificates ·issued by the 'Government of India in terms of Mindstry of Finance ('Department of Economic Affairs) Notification G.S.R. No. 239 (E) , dated. the 18th March, 1976, will 'be on sale thI'OUJgh authorised a:gents appointed under the Standardised Agency System who will be . paid commission of Rs. 1-75% or as may be presllribed. by the Govern ment from time ta time. The commission· will be payable to the agents on t'he basis of the actual deposit whet!ber monthly,quarterly, a six monthly or a lump sum, received by them' and remitted. in the Post. Offices.
Sd/~ (A. V. iSRINTVASAN) Under Secretsry to the Govermnent of India.
Notification LD/4050/XI/76 No. F.3(1!)-NS/75 The following Central Bill The Constitution (Fortieth Amendment) Bill, 1976 which was relCently passed by the Parliament' and assented to by the President of India on 27-5-1976 and published in the Gazette of India Part II, Section I dated 27-5-1976 is hereby republished for general information of the public.
M. S. BrYrkar, Under Secretary maw).
Panaji, 1st Se]?tember,11976.
The ,Constitution (fortieth Amendment) Act, )976 AN ACT further to amend the Constitution of India.
Be it enacted by Parliame~t in the TWenty-seventh year of the Republic of India as folloWs:- . . '-, L Short title. -,',rhls Act may. be Called the Cons titution(FortiethAmendment) Act, i!):T6. ' 28TI1.OCTOBJiJRj 1976 (KARTIKA 6, 18:.::9.::::8)=-___________________ 33_1 . 2. Substitution oj new article jor article 297. - ~-or article 297 of the Constitution, the followmg article shall be substituted, namely:- "297. Things of vahle within territorial waters or continental shelf and resources oj the exclu sive economic zone to vest in the Union. - (1) All lands, minerals and other things of. val:ue underlying the ocean within the terrIto~IaI waters or the continental shelf, or the eXClUSIVE.
econo~ic zone of India shall vest in the Union and be held fdr the purposes of the Union. .
(2) All other r€SOurces of the. e~clusivee~o nomic zone of India shall also vest m the Umon and beheld for the purposes of the Union.
(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritlIue zones, of India shall be such as may be specified, ·.from time to time, by or under any law made by Parliament.".
,3. Amendment oj the Ninth Schedule. - In the Ninth Schedule .to the Constitution, after entry ~24 and before the Explanation, the following entrIes shall be inserted, nam61y:- "125.' Section 66A and Chapter IVA of the . Motor Vehicles Act, 19.39 (Central Act 4 of ,1939) ..
126. The Essential Commodities Act, 1955 (Central Act 10 of 1955).
127. The Smugglers and Foreign. Exchap.gs Manipulators (Forfeiture of Property) Act,1976 (Central Act 13 of 1976).
128. The Bonded' Labour System (Abolition) Act, 1976 (Central Act 19 of 1976).
129. The Conservation of Foreign Exchange and Prevootion of Smuggling Activities. (Amend ment) Act,1976 (Central Act 20 of 1976).
'140. The Karnataka Land Rdorms (Second Amendment and Misceliane1:Ous Provisions) Act, 1974 (Karnataka Act 31 of 1974).
141. The Karnataka Land Reforms . (Second Amendment) Act, 1976 (Karnataka Act 27 of 1976).
142 .. The Kerala Pravention of Eviction Act, 1966 (Kerala Act 12 of 1966).
143. The Thiruppuvaram Paymel!lt(Abolition) Act, 1969 (Kerala Act 19 of 1969).
. 144. The Sreepadam Lands Emranchisement Act, 1969 (Kerala Act 20 of .1969). . .
145. The Sree Pandaravaka Lands Vesting and Enfranchisement) Act, 1971 (iKerala Act 20 of 1971).
. 146. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Kerala Act 26 of 1971) .
147. The Kerala Agricultural Workers Act, . 1974 (Ke.rala Act 18 of 1974) .
148. The. Kerala Cashew Factories (Acquisi '. tion) Act,1974'(Kerala Act 29. of 1974).
149. The' iKerala Chitties Act, 1975: (Kerala Act 23 of 1975).
150. The Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alie nated Lands) Act,1975 (Kerala Act 31 of 1975).
151. The Kerala Land Reforms (Amendment) Act, 1976 (Kaz:ala Act 15 of 1976).
.152. The Kanam Tenancy Abolition Act, il976 (Kerala Act 16 of 1976). ,....
153. The Madhya Pradesh Ceiling on :Agricul tural Holdings (Amendment) Act, 1974 (Madhya Pradesh Act 20 of 1974).
154. The Madhya Pradesh Ceiling on Agricul tural Holdings (Amendment) Act, 1975 (Madhya Pradesh Act 2 of 1976).
130. The Prevention of Publication of Objectio- 155. The West Khandesh Mehwassi Estates nable Matter Act, 1976 (Central Act 27 of 1976),~ (Proprietary Rights Abolition, etc.) R€g'Ulation, 131: The Levy Sugar PlIiceEqualisation Fund 1961 (Maharashtra Regnlation Iof 1962).
Act,1976 (Central Act 31 of 1976). 156. The Maharashtra Restoration of Lands to
132. The Urban Land (Ceiling-,and,Relgl!lation)' Scheduled Tribes Act. 1974 (Maharashtra Act Act, 1976 (Central Act 31 of 1976). XIV of 1975). •
133. The 'Depattmentalisation of Union 157. The Maharashtra Agricultural Lands Accounts (Transfer of Personnel) Act, 1976 (Lowering of Ceiling on Holdings) and (Amend- (Central Act ,59 of 1976). . . ment) Act, .1972 (Maharashtra Act XXI of 1975).
,134. The .Assam Fixation of Ceiling on Land 158. The Maharashtra Private Forests (Acqui- Holdings Act, 1956 (Assam Act lof 1957). sition) Act, 1975 (Maharashtra Act XXIX of
135. The Bombay Tenancy and Agricultural . 1975).
Lands (Vidarbha Region) Act, 1958 (Bombay 159. The Maharashtra Agricultural Lands Act XCIX of 1958). (Lowering of Cedling on Holdings) and (Amend ment) Amendment Act, 1975 (Maharashtra' Act 136. The Gujarat Private Forests (Acquisi- XLVII of 1975).
tion) Act; 1972 (Gujarat Act 14 of 1973).
160. The Maharashtra Agricultural' ~ands
137. The' Haryana. Ceiling on Land Holdings (Ceiling: on Holdings) (Amendment) Act, 1975 (Amendm\lnt) Act,. 1976 (Haryana Act 17 of (Maharashtra Act IT of 1976). . .
>·'19'(6);,·':i',. ,,' . 161. The Orissa Estates Abolition Act, 1951
138. The Himachal Pradesh Tenancy and Land (Orissa Act I of 1952).
Reforms Act, 1972 (Himachal Pradesh Act 8 of 162. The Rajasthan Colonisation Act, 1954 1974). . (Rajasthan Act XXVII of 1954).
139 .. The Himachal Pradesh VillagecContinoll':(63;'The Rajasthan Land Reforms and Acqui- Lands Vesting and Utilization Act, 1974'(Hima~ sition of Landowners' Estates Act, 1963 (Rachal Pradesh Act 18 of 1974). . ·,5 -.. :. J8:sthan Act 11 of 1964).
~t,j---...... ...,.._--..... ·i __ •• -------- >lli.."-'-'- .----- 332 r-.il .... ·· •. ! .•.. ·· ",
164. The Rajasthan Imposition of CEiling on Agricultural Holdings (Amendment) Act, 1976 (Rajasthan Act 8 of 1976).
165. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of 1976).
166. The Tamil Nadu Land Reforms (Reduc tion of CeHing on Land) Act, 1970 (Tamil Nadu Act 17 of 1970).
167. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1971 (Tamil Nadu Act 41 of 1971).
168. The Tamil Nadu Land Reiol"ms (Fixation of Ceiling on Land) Amendmeni Act, 1972 (Tamil Nadu Act 10 of 1972).
169. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 (Tamil Nadu Act 20 of 1972).
170. The Tamil Nadu liand Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1972 (Tamil Nadu Act 37 of 1972).
171. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).
172. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth Amendment Act, 1972 (Tamil Nadu Act 7 of 1974).
173. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth Amendment Act, 1972 (Tamil Nadu Act 10 of 1974).
114. The Tamil Nadu Land Ref=.s (Fixation of Ceiling on Land) Amendment Act, 1974' (Tamil Nadu Act 15 of 1974).
175. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third Amendment Act, 1974 (Tamil Nadu Act 30 of 1974).
176. The Tamil Nadu Land Reforms (Fixation of Ceilng on Land) Second Amendment Act, 1974 (Tamil Nadu Act 32 of 1974).
177. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1975 (Tamil Nadu Act 11 of 1975).
178. The Tamil :Nadu Land Re:forms (Fixation of CEiling on Land) Second Amendment Act, 1975 (Tamil NaduAct 21 'of 1975).
179. Amendment made to the Uttar Pradesh Zamindari Abolition and Land Reforms Act 1950 (Uttar Pradesh Act I of 1951) by the Uttar Pra desh Land Laws (Amendment) Act, 1971 (Uttar Pradesh Act 21 of 1971) and the Uttar Pradesh Land Laws (Amendment) Act,1974 (Uttar Pra desh Act 34 of 1974).
180 .• The Uttar Pradesh Imposition of Ceiling on Land Hol~ngs (Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976).
181. The West Bengal Land Reforms (Second Amendment) Act, 1972 (West Bengal Act XXVIII of 1972).
SERIES I No. 31
182. The West Bengal Restoration of Al\enated Land Act, 1973 (West Bengal Act XXIII of 1973).
183. The West Bengal Land Reforms (Amend ment) Act, .1974 (West Bengal Act XXXIII of 1974). .
184. The West Bengal Land Reforms (Amend ment) Act, 1975 (West Bengal Act XXIII of 1975). .
185. The West Bengal Land Reforms (Amen ment) Act, 1976 (WestBemgal Act XII of 1976).
186. The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central Act 15 of 1976).
187. The Goa, Daman and Diu Mundkars (Pro tection from Eviction) Act, 1975 (Goa, Daman and Diu Act 1 of·1976).
188. The Pondicherry Land Reforms (Fixation of Ceil,ing on Land) Act, 1973 (Pondicherry Act 9 of 1974).".
Notification LD/4505f[I/76 The following Order whi~ was issued by the Government of India on 2-9-1976 is hereby republi shed for general information of the public.
B. S. Subbanna, Draftsman.
Panaji, 27th September, 1976.
MINISTRY.OF HOME AFFAIRS order New Delhi, the 2nd September 1916 S. O. 580 (E) . - In exerCise of the powers confer red by sub-rule (1) of rule 48 of the Defence and Internal Security of India Rules, 1971, the Central Government hereby makes the following further amendments in the Order No. S. O. 275 (E) , dated the 26th June, 1975, namely:- AMENDMENTS In clause (1) of ,the said Order-
(i) m sub-clause (i), the word "or" shall be inserted at the end; .
(ii) after sub-clause (r), the following sub -clause shall be inserted, namely:- "(j) the Family Planning Programme," (F'fle No. II/16011/62/76-D.II/s&PI \ By order and in the name of the President R. L. MISRA, Jt •• Secy.
GOVT. PRINTING PRESS~GOA (Imprensa Nacional - Goa) PRICE-Be. l·20PIt.