The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) When a Tribunal has been constituted under section 4, the Central Government shall, subject to the prohibition contained in section 8, refer the water disputes and any matter appearing to be connected with, or relevant to, the water dispute to the Tribunal for adjudication.

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¹[(2) The Tribunal shall investigate the matters referred to it and forward to the Central Government a report setting out the facts as found by it and giving its decision on the mattes referred to it within a period of three years:

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Provided that if the decision cannot be given for unavoidable reasons, within a period of three years, the Central Government may extend the period for a further period not exceeding two years.

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(3) If,upon consideration of the decision of the Tribunal, the Central Government or any State Government is of opinion that anything therein contained requires explanation or that guidance is needed upon any point not originally referred to the Tribunal, the Central Government or the State Government, as the case may be, within three months from the date of the decision, again refer the matter to the Tribunal for further consideration, and on such reference, the Tribunal may forward to the Central Government a further report within one year from the date of such reference giving such explanation or guidance as it deems fit and in such a case, the decision of the Tribunal shall be deemed to be modified accordingly:

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Provided that the period of one year within which the Tribunal may forward its report to the Central Government may be extended by the Central Government, for such further period as it considers necessary.]

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²[(4) If the members of the Tribunal differ in opinion on any point, the point shall be decided according to the opinion of the majority.]

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(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than ¹[a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do.

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(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.

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(1) Subject to the provisions of section 5, the Chairperson, Judicial Members and Expert Members of the Tribunal shall be appointed by the Central Government.

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(2) The Chairperson shall be appointed by the Central Government in consultation with the Chief Justice of India.

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(3) The Judicial Members and Expert Members of the Tribunal shall be appointed on the recommendations of such Selection Committee and in such manner as may be prescribed.

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The Chairperson, Judicial Member and Expert Member of the Tribunal shall hold office as such for a term of five years from the date on which they enter upon their office, but shall not be eligible for re-appointment:

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Provided that in case a person, who is or has been a Judge of the Supreme Court, has been appointed as Chairperson or Judicial Member of the Tribunal, he shall not hold office after he has attained the age of seventy years:

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Provided further that in case a person, who is or has been the Chief Justice of a High Court, has been appointed as Chairperson or Judicial Member of the Tribunal, he shall not hold office after he has attained the age of sixty-seven years:

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Provided also that in case a person, who is or has been a Judge of a High Court, has been appointed as Judicial Member of the Tribunal, he shall not hold office after he has attained the age of sixty-seven years:

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Provided also that no Expert Member shall hold office after he has attained the age of sixty-five years.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

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(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:--

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(a) the specification of the base units of measures and base unit of mass under sub-section (2) of section 5;

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(b) the manner of preparation of objects and equipments under sub-section (3) of section 7;

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(c) physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, period of re-verification, methods or procedures of tests under sub-section (4) of section 7;

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(d) reference standards, secondary standards and working standards of weights and measures under sub-section (1) of section 9;

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(e) reference standards, secondary standards and working standards shall be verified and stamped and the fee under sub-section (2) of section 9;

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(f) the weight or measure or number in which any transaction, dealing, or contract in respect of any goods, class of goods or undertakings shall be made under section 10;

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(g) the qualifications of the Director and legal metrology officers under sub-section (2) of section 13;

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(h) the qualification of the Controller and legal metrology officers under sub-section (2) of section 14;

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(i) the manner of disposal of goods under sub-section (3) of section 15;

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(j) the standard quantities or number and the manner in which the packages shall bear the declarations and the particulars under sub-section (1) of section 18;

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(k) the manner and registration and the fee under section 19;

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(l) the management and control of the Institute, the teaching staff and other employees, the courses and curricula for training thereat, the qualifications, which a person shall possess in order to be eligible for admission thereto under sub-section (2) of section 21;

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(m) the manner, fee and authority for approval of models under section 22;

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(n) the kinds of weights or measures under sub-section (2) of section 24;

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(o) the manner in which, terms and conditions on which and fee on payment which the Central Government shall notify the Government approved Test Centre under sub-section (3) of section 24;

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(p) the qualifications and experience of persons appointed or engaged and the fee and terms and conditions on which Government approved Test Centre shall verify the weight or measure under sub-section (4) of section 24;

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(q) the error in net quantity under sub-section (2) of section 36;

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(r) fee for compounding of offence under sub-section (1) of section 48;

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(s) form and manner in which notice to the Director or the Controller or any other officer authorised by him shall be given under sub-section (2) of section 49.

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(3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees.

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(4) 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 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.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) Subject to the provisions of this Act, the Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.

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(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:--

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(i) co-ordination of actions by the State Governments, officers and other authorities--

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(a) under this Act, or the rules made thereunder; or

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(b) under any other law for the time being in force which is relatable to the objects of this Act;

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(ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;

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(iii) laying down standards for the quality of environment in its various aspects;

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(iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever:

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Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;

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(v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;

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(vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;

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(vii) laying down procedures and safeguards for the handling of hazardous substances;

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(viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;

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(ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution;

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(x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution;

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(xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;

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(xii) collection and dissemination of information in respect of matters relating to environmental pollution;

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(xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;

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(xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act.

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(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) The exclusive economic zone of India (hereinafter referred to as the exclusive economic zone) is an area beyond and adjacent to the territorial waters, and the limit of such zone is two hundred nautical miles from the baseline referred to in sub-section (2) of section 3.

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(2) Notwithstanding anything contained in sub-section (1), the Central Government may, whenever it considers necessary so to do having regard to International Law and State practice, alter, by notification in the Official Gazette, the Limit of the exclusive economic zone.

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(3) No notification shall be issued under sub-section (2) unless resolutions approving the issue of such notification are passed by both Houses of Parliament.

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(4) In the exclusive economic zone, the Union has,--

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(a) sovereign rights for the purpose of exploration, exploitation, conservation and management of the natural resources, both living and non-living as well as for producing energy from tides, winds and currents;

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(b) exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the zone or for the convenience of shipping or for any other purpose;

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(c) exclusive jurisdiction to authorise, regulate and control scientific research;

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(d) exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution; and

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(e) such other rights as are recognised by International Law.

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(5) No person (including a foreign Government) shall, except under, and in accordance with, the terms of any agreement with the Central Government or of a licence or a letter of authority granted by the Central Government, explore or exploit any resources of the exclusive economic zone or carry out any search or excavation or conduct any research within the exclusive economic zone or drill therein or construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or device therein for any purpose whatsoever:

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Provided that nothing in this sub-section shall apply in relation to fishing by a citizen of India.

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(6) The Central Government may, by notification in the Official Gazette,--

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(a) declare any area of the exclusive economic zone to be a designated area; and

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(b) make such provisions as it may deem necessary with respect to,--

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(i) the exploration, exploitation and protection of the resources of such designated area; or

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(ii) other activities for the economic exploitation and exploration of such designated area such as the production of energy from tides, winds and currents; or

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(iii) the safety and protection of artificial islands, off-shore terminals, installations and other structures and devices in such designated area; or

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(iv) the protection of marine environment of such designated area; or

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(v) customs and other fiscal matters in relation to such designated area.

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Explanation.--A notification issued under this sub-section may provide for the regulation of entry into and passage through the designated area of foreign ships by the establishment of fairways, sealanes,

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traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interests of India.

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(7) The Central Government may, by notification in the official Gazette,--

---

(a) extend, with such restrictions and modifications as it thinks fit, any enactment for the time being in force in India or any part thereof to the exclusive economic zone or any part thereof; and

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(b) make such provisions as it may consider necessary for facilitating the enforcement of such enactment,

---

and any enactment so extended shall have effect as if the exclusive economic zone or the part thereof to which it has been extended is a part of the territory of India.

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(8) The provisions of sub-section (7) of section 6 shall apply in relation to the laying or maintenance of submarine cables or pipelines on the seabed of the exclusive economic zone as they apply in relation to the laying or maintenance of submarine cables or pipelines on the seabed of the continental shelf.

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(9) In the exclusive economic zone and the air space over the zone, ships and aircraft of all States shall, subject to the exercise by India of its rights within the zone, enjoy freedom of navigation and over flight.

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(1) The continental shelf of India (hereinafter referred to as the continental shelf) comprises the seabed and subsoil of the submarine areas that extend beyond the limit of its territorial waters throughout the natural prolongation of its land territory to the outer edge of the continental margin or to a distance of two hundred nautical miles from the baseline referred to in subsection (2) of section 3 where the outer edge of the continental margin does not extend up to that distance.

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(2) India has, and always had, full and exclusive sovereign rights in respect of its continental shelf.

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(3) Without prejudice to the generality of the provisions of sub-section (2), the Union has in the continental shelf,--

---

(a) sovereign rights for the purposes of exploration, exploitation, conservation and management of all resources;

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(b) exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the continental shelf or for the convenience of shipping or for any other purpose;

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(c) exclusive jurisdiction to authorise, regulate and control scientific research; and

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(d) exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution.

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(4) No person (including a foreign Government) shall, except under, and in accordance with, the terms of a licence or a letter of authority granted by the Central Government, explore the continental shelf or exploit its resources or carry out any search or excavation or conduct any research within the continental shelf or drill therein or construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or device therein for any purpose whatsoever.

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(5) The Central Government may, by notification in the Official Gazette,--

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(a) declare any area of the continental shelf and its superjacent waters to be a designated area; and

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(b) make such provisions as it may deem necessary with respect to,--

---

(i) the exploration, exploitation and protection of the resources of the continental shelf within such designated area; or

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(ii) the safety and protection of artificial islands, off-shore terminals, installations and other structures and devices in such designated area; or

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(iii) the protection of marine environment of such designated area; or

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(iv) customs and other fiscal matters in relation to such designated area.

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Explanation.--A notification issued under this sub-section may provide for the regulation of entry into and passage through the designated area of foreign ships by the establishment of fairways, sealanes, traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interests of India.

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(6) The Central Government may, by notification in the Official Gazette,--

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(a) extend with such restrictions and modifications as it thinks fit, any enactment for the time being in force in India or any part thereof to the continental shelf or any part [including any designated area under sub-section (5)] thereof; and

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(b) make such provisions as it may consider necessary for facilitating the enforcement of such enactment,

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and any enactment so extended shall have effect as if the continental shelf or the part [including, as the case may be, any designated area under sub-section (5)] thereof to which it has been extended is a part of the territory of India.

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(7) Without prejudice to the provisions of sub-section (2) and subject to any measures that may be necessary for protecting the interests of India, the Central Government may not impede the laying or maintenance of submarine cables or pipelines on the continental shelf by foreign States:

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Provided that the consent of the Central Government shall be necessary for the delineation of the course for the laying of such cables or pipelines.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) This Act may be called the Environment (Protection) Act, 1986.

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(2) It extends to the whole of India.

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(3) It shall come into force on such date ¹ as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) A company may be formed for any lawful purpose by--

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(a) seven or more persons, where the company to be formed is to be a public company;

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(b) two or more persons, where the company to be formed is to be a private company; or

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(c) one person, where the company to be formed is to be One Person Company that is to say, a private company,

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by subscribing their names or his name to a memorandum and complying with the requirements of this Act in respect of registration:

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Provided that the memorandum of One Person Company shall indicate the name of the other person,with his prior written consent in the prescribed form, who shall, in the event of the subscribers death or his incapacity to contract become the member of the company and the written consent of such person shall also be filed with the Registrar at the time of incorporation of the One Person Company along with its memorandum and articles:

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Provided further that such other person may withdraw his consent in such manner as may be prescribed:

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Provided also that the member of One Person Company may at any time change the name of such other person by giving notice in such manner as may be prescribed: Provided also that it shall be the duty of the member of One Person Company to intimate the company the change, if any, in the name of the other person nominated by him by indicating in the memorandum or otherwise within such time and in such manner as may be prescribed, and the company shall intimate the Registrar any such change within such time and in such manner as may be prescribed: Provided also that any such change in the name of the person shall not be deemed to be an alteration of the memorandum.

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(2) A company formed under sub-section (1) may be either--

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(a) a company limited by shares; or

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(b) a company limited by guarantee; or

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(c) an unlimited company.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) If the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, ¹[or for securing any essential commodity for the defence of India or the efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein.

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²[*****

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(2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide--

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(a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity;

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(b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops.

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(c) for controlling the price at which any essential commodity may be bought or sold;

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(d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity;

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(e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale;

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³[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,--

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(a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or,

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(b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him,

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to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order.

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Explanation 1.--An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers.

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Explanation 2.--For the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;]

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(g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs ⁴*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest;

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(h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters;

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(i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order;

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⁵[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;]

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⁵[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,--

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(i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found;

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(ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act;

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⁷[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]]

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(3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:--

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(a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price;

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(b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any;

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(c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale.

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⁸[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section.

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(ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification.

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(iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor--

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(a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price;

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(b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any;

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(c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification.

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(iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.]

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⁹[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to--

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(a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils;

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(b) the general crop prospects;

---

(c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and

---

(d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.]

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¹⁰[(3C) Where any producer is required by an order made with reference to clause (f) of subsection (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to--

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(a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section;

---

(b) the manufacturing cost of sugar;

---

(c) the duty or tax, if any, paid or payable thereon; and

---

(d) a reasonable return on the capital employed in the business of manufacturing of sugar:

---

---

Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar:

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Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009.

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Explanation ¹¹[I].-- For the purposes of this sub-section,--

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(a) "fair and remunerative price" means the price of sugarcane determined by the Central Government under this section;

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(b) "manufacturing cost of sugar" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer;

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(c) "producer" means a person carrying on the business of manufacturing sugar;

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(d) "reasonable return on the capital employed" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.]

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¹²[Explanation II.--For the removal of doubts, it is hereby declared that the expressions "fair and remunerative price" referred to in clause (a), "manufacturing cost of sugar" referred to in clause (b) and "reasonable return on the capital employed" referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.]

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¹³[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government:

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Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government.

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(3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction.

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Explanation.--For the purposes of sub-section (3D) and this sub-section,--

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(a) "producer" means a person carrying on the business of manufacturing sugar;

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(b) "recognised dealer'" means a person carrying on the business of purchasing, selling or distributing sugar;

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(c) "sugar" includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.]

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(4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,--

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(a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and

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(b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions.

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(5) An order made under this section shall,--

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(a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and

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(b) in the case of an order directed to a specified individual be served on such individual--

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(i) by delivering or tendering it to that individual, or

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(ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood.

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(6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made.

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STATE AMENDMENTS

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Uttar Pradesh.--

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Amendment of section 3 of Act X of 1955.--In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:--

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"(ff) for preventing the hoarding of any essential commodity;"

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[Vide Uttar Pradesh Act 9 of 1974, s. 2]

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Amendment of section 3.--In section 3 of the principal Act,--

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(a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely--

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"(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order;

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Explanation.--An order relating to food grains made with reference to this clause,--

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(i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order,

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(ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers."

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(b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:--

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"(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order;

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(d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale."

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(c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:--

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"(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4]

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Amendment of section 3 of Act X of 1955.--In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:--

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"(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers."

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[Vide Uttar Pradesh Act 39 of 1975, s. 2]

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Amendment of section 3 of Act no. 10 of 1955.--(1) In section 3 of the principal Act, in subsection (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment.

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(2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:--

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"Explanation I-A.--An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis."

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(3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment.

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[Vide Uttar Pradesh Act XVI of 1978, s. 3]

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than ¹[a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do.

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(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.

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(1) Every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle.

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(2) Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature.

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¹ [(3) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.]

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(1) The Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:--

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(a) the width, height, length and overhang of vehicles and of the loads carried;

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¹[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;]

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(c) brakes and steering gear;

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(d) the use of safety glasses including prohibition of the use of tinted safety glasses;

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(e) signalling appliances, lamps and reflectors;

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(f) speed governors;

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(g) the emission of smoke, visible vapour, sparks, ashes, grit or oil;

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(h) the reduction of noise emitted by or caused by vehicles;

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(i) the embossment of chassis number and engine number and the date of manufacture;

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(j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users;

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(k) standards of the components ²[including software] used in the vehicle as inbuilt safety devices;

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(l) provision for transportation of goods of dangerous or hazardous nature to human life;

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(m) standardsfor emission of air pollutants;

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³[(n) installation of catalytic convertors in the class of vehicles to be prescribed;

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(o) the placement of audio-visual or radio or tape recorder type of device in public vehicles;

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(p) warranty after sale of vehicle and norms therefor:]

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Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment.

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(2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances ²[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.]

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²[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) 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:--

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

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(b) requiring the discovery and production of any document;

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(c) receiving evidence on affidavit; and

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(d) any other matter as may be prescribed.]

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(3) Notwithstanding anything contained in this section,--

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(a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter;

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(b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.

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The Central Government may, by notification in the Official Gazette, extend to ¹ [the Union territory of Delhi, Himachal Pradesh, Manipur or Tripura or to any part of such territory], with such restrictions and modifications as it thinks fit, any enactment which is in force in a ² [State] at the date of the notification, ³ * * *.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) The exclusive economic zone of India (hereinafter referred to as the exclusive economic zone) is an area beyond and adjacent to the territorial waters, and the limit of such zone is two hundred nautical miles from the baseline referred to in sub-section (2) of section 3.

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(2) Notwithstanding anything contained in sub-section (1), the Central Government may, whenever it considers necessary so to do having regard to International Law and State practice, alter, by notification in the Official Gazette, the Limit of the exclusive economic zone.

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(3) No notification shall be issued under sub-section (2) unless resolutions approving the issue of such notification are passed by both Houses of Parliament.

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(4) In the exclusive economic zone, the Union has,--

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(a) sovereign rights for the purpose of exploration, exploitation, conservation and management of the natural resources, both living and non-living as well as for producing energy from tides, winds and currents;

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(b) exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the zone or for the convenience of shipping or for any other purpose;

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(c) exclusive jurisdiction to authorise, regulate and control scientific research;

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(d) exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution; and

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(e) such other rights as are recognised by International Law.

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(5) No person (including a foreign Government) shall, except under, and in accordance with, the terms of any agreement with the Central Government or of a licence or a letter of authority granted by the Central Government, explore or exploit any resources of the exclusive economic zone or carry out any search or excavation or conduct any research within the exclusive economic zone or drill therein or construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or device therein for any purpose whatsoever:

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Provided that nothing in this sub-section shall apply in relation to fishing by a citizen of India.

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(6) The Central Government may, by notification in the Official Gazette,--

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(a) declare any area of the exclusive economic zone to be a designated area; and

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(b) make such provisions as it may deem necessary with respect to,--

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(i) the exploration, exploitation and protection of the resources of such designated area; or

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(ii) other activities for the economic exploitation and exploration of such designated area such as the production of energy from tides, winds and currents; or

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(iii) the safety and protection of artificial islands, off-shore terminals, installations and other structures and devices in such designated area; or

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(iv) the protection of marine environment of such designated area; or

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(v) customs and other fiscal matters in relation to such designated area.

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Explanation.--A notification issued under this sub-section may provide for the regulation of entry into and passage through the designated area of foreign ships by the establishment of fairways, sealanes,

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traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interests of India.

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(7) The Central Government may, by notification in the official Gazette,--

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(a) extend, with such restrictions and modifications as it thinks fit, any enactment for the time being in force in India or any part thereof to the exclusive economic zone or any part thereof; and

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(b) make such provisions as it may consider necessary for facilitating the enforcement of such enactment,

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and any enactment so extended shall have effect as if the exclusive economic zone or the part thereof to which it has been extended is a part of the territory of India.

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(8) The provisions of sub-section (7) of section 6 shall apply in relation to the laying or maintenance of submarine cables or pipelines on the seabed of the exclusive economic zone as they apply in relation to the laying or maintenance of submarine cables or pipelines on the seabed of the continental shelf.

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(9) In the exclusive economic zone and the air space over the zone, ships and aircraft of all States shall, subject to the exercise by India of its rights within the zone, enjoy freedom of navigation and over flight.

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(1) The continental shelf of India (hereinafter referred to as the continental shelf) comprises the seabed and subsoil of the submarine areas that extend beyond the limit of its territorial waters throughout the natural prolongation of its land territory to the outer edge of the continental margin or to a distance of two hundred nautical miles from the baseline referred to in subsection (2) of section 3 where the outer edge of the continental margin does not extend up to that distance.

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(2) India has, and always had, full and exclusive sovereign rights in respect of its continental shelf.

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(3) Without prejudice to the generality of the provisions of sub-section (2), the Union has in the continental shelf,--

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(a) sovereign rights for the purposes of exploration, exploitation, conservation and management of all resources;

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(b) exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the continental shelf or for the convenience of shipping or for any other purpose;

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(c) exclusive jurisdiction to authorise, regulate and control scientific research; and

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(d) exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution.

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(4) No person (including a foreign Government) shall, except under, and in accordance with, the terms of a licence or a letter of authority granted by the Central Government, explore the continental shelf or exploit its resources or carry out any search or excavation or conduct any research within the continental shelf or drill therein or construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or device therein for any purpose whatsoever.

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(5) The Central Government may, by notification in the Official Gazette,--

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(a) declare any area of the continental shelf and its superjacent waters to be a designated area; and

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(b) make such provisions as it may deem necessary with respect to,--

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(i) the exploration, exploitation and protection of the resources of the continental shelf within such designated area; or

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(ii) the safety and protection of artificial islands, off-shore terminals, installations and other structures and devices in such designated area; or

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(iii) the protection of marine environment of such designated area; or

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(iv) customs and other fiscal matters in relation to such designated area.

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Explanation.--A notification issued under this sub-section may provide for the regulation of entry into and passage through the designated area of foreign ships by the establishment of fairways, sealanes, traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interests of India.

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(6) The Central Government may, by notification in the Official Gazette,--

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(a) extend with such restrictions and modifications as it thinks fit, any enactment for the time being in force in India or any part thereof to the continental shelf or any part [including any designated area under sub-section (5)] thereof; and

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(b) make such provisions as it may consider necessary for facilitating the enforcement of such enactment,

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and any enactment so extended shall have effect as if the continental shelf or the part [including, as the case may be, any designated area under sub-section (5)] thereof to which it has been extended is a part of the territory of India.

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(7) Without prejudice to the provisions of sub-section (2) and subject to any measures that may be necessary for protecting the interests of India, the Central Government may not impede the laying or maintenance of submarine cables or pipelines on the continental shelf by foreign States:

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Provided that the consent of the Central Government shall be necessary for the delineation of the course for the laying of such cables or pipelines.

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(1) The Central Government may, before notifying the particulars of auction, classify mines identified from Schedule I coal mines as earmarked for the same class of specified end-uses.

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(2) The Central Government may in public interest, by notification, modify Schedule III coal mines by adding any other Schedule I coal mine for the purposes of specified end-use.

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(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than ¹[a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do.

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(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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¹[(1) The Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) is hereby repealed and the Monopolies and Restrictive Trade Practices Commission established under sub-section (1) of section 5 of the said Act (hereafter referred to as the repealed Act) shall stand dissolved.

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² ** * * * *

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(1A) The repeal of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) shall, however, not affect,--

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(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or

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(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or

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(c) any penalty, confiscation or punishment incurred in respect of any contravention under the Act so repealed; or

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(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, confiscation or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty, confiscation or punishment may be imposed or made as if that Act had not been repealed.]

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(2) On the dissolution of the Monopolies and Restrictive Trade Practices Commission, the person appointed as the Chairman of the Monopolies and Restrictive Trade Practices Commission and every other person appointed as Member and Director General of Investigation and Registration, Additional, Joint, Deputy, or Assistant Directors General of Investigation and Registration and any officer and other employee of that Commission and holding office as such immediately before such dissolution shall vacate their respective offices and such Chairman and other Members shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of term of their office or of any contract of service:

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Provided that the Director General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee who has been, immediately before the dissolution of the Monopolies and Restrictive Trade Practices Commission appointed on deputation basis to the Monopolies and Restrictive Trade Practices Commission, shall, on such dissolution, stand reverted to his parent cadre, Ministry or Department, as the case may be:

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³[Provided further that the Director General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee who has been, immediately before the dissolution of the Monopolies and Restrictive Trade Practices Commission employed on regular basis by the Monopolies and Restrictive Trade Practices Commission, shall become, on and from such dissolution, the officer and employee, respectively, of the Competition Commission of India or the Appellate Tribunal, in such manner as may be specified by the Central Government, with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to such Monopolies and Restrictive Trade Practices Commission had not been transferred to, and vested in, the Competition Commission of India or the Appellate Tribunal, as the case may be, and shall continue to do so unless and until his employment in the Competition Commission of India or the Appellate Tribunal, as the case may be, is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Competition Commission of India or the Appellate Tribunal, as the case may be:]

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Provided also that notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, the transfer of the services of any Director General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee, employed in the Monopolies and Restrictive Trade Practices Commission, to ⁴[the Competition Commission of India or the Appellate Tribunal, as the case may be,] shall not entitle such Director General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority:

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Provided also that where the Monopolies and Restrictive Trade Practices Commission has established a provident fund, superannuation, welfare or other fund for the benefit of the Director General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or the officers and other employees employed in the Monopolies and Restrictive Trade Practices Commission, the monies relatable to the officers and other employees whose services have been transferred by or under this Act to ⁵[the Competition Commission of India or the Appellate Tribunal, as the case may be, shall, out of the monies standing], on the dissolution of the Monopolies and Restrictive Trade Practices Commission to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and vest in, ⁶[the Competition Commission of India or the Appellate Tribunal, as the case may be, and such monies which stand so transferred shall be dealt with by the said Commission or the Tribunal, as the case may be, in such manner as may be prescribed.]

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⁷[(3) All cases pertaining to monopolistic trade practices or restrictive trade practices pending (including such cases, in which any unfair trade practice has also been alleged), before the Monopolies and Restrictive Trade Practices Commission shall, ⁸[on the commencement of the Competition Amendment Act, 2009 (39 of 2009)] stand transferred to the Appellate Tribunal and shall be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not been repealed.

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⁹[Explanation--.For the removal of doubts, it is hereby declared that all cases referred to in this sub-section, sub-section (4) and sub-section (5) shall be deemed to include all applications made for the losses or damages under section 12B of the Monopolies and Restrictive Trade Practices Act,1969 (54 of 1969) as it stood before its repeal.]

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(4) Subject to the provisions of sub-section (3), all cases pertaining to unfair trade practices other than those referred to in clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and pending before the Monopolies and Restrictive Trade Practices Commission ¹⁰[immediately before the commencement of the Competition (Amendment) Act, 2009 (39 of 2009), shall, on such commencement], stand transferred to the National Commission constituted under the Consumer Protection Act, 1986 (68 of 1986) and the National Commission shall dispose of such cases as if they were cases filed under that Act: Provided that the National Commission may, if it considers appropriate, transfer any case transferred to it under this sub-section, to the concerned State Commission established under section 9 of the Consumer Protection Act, 1986 (68 of 1986) and that State Commission shall dispose of such case as if it was filed under that Act:

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¹¹[Provided further that all the cases relating to the unfair trade practices pending, before the National Commission under this sub-section, on or before the date on which the Competition (Amendment) Bill, 2009 receives the assent of the President, shall, on and from that date, stand transferred to the Appellate Tribunal and be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not been repealed.]

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¹²[(5) All cases pertaining to unfair trade practices referred to in clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and pending before the Monopolies and Restrictive Trade Practices Commission shall, ¹³[on the commencement of the Competition (Amendment) Act, 2009 (39 of 2009)], stand transferred to the Appellate Tribunal and the Appellate Tribunal shall dispose of such cases as if they were cases filed under that Act.]

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(6) All investigations or proceedings, other than those relating to unfair trade practices, pending before the Director General of Investigation and Registration on or before the commencement of this Act shall, on such commencement, stand transferred to the Competition Commission of India, and the Competition Commission of India may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit.

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(7) All investigations or proceedings, relating to unfair trade practices, other than those referred to in clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and pending before the Director General of Investigation and Registration on or before the commencement of this Act shall, on such commencement, stand transferred to the National Commission constituted under the Consumer Protection Act, 1986 (68 of 1986) and the National Commission may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit:

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¹⁴[Provided that all investigations or proceedings, relating to unfair trade practices pending before the National Commission, on or before the date on which the Competition (Amendment) Bill, 2009 receives the assent of the President shall, on and from that date, stand transferred to the Appellate Tribunal and the Appellate Tribunal may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit.]

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(8) All investigations or proceedings relating to unfair trade practices referred to in clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), and pending before the Director General of Investigation and Registration on or before the commencement of this Act shall, on such commencement, stand transferred to the Competition Commission of India and the Competition Commission of India may conduct or order for conduct of such investigation in the manner as it deems fit.

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(9) Save as otherwise provided under sub-sections (3) to (8), all cases or proceedings pending before the Monopolies and Restrictive Trade Practices Commission shall abate.

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(10) The mention of the particular matters referred to in sub-sections (3) to (8) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal.

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¹[9. Selection Committee for Chairperson and Members of Commission.--(1) The Chairperson and other Members of the Commission shall be appointed by the Central Government from a panel of names recommended by a Selection Committee consisting of--

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(a) the Chief Justice of India or his nominee……..Chairperson;

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(b) the Secretary in the Ministry of Corporate Affairs………Member;

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(c) the Secretary in the Ministry of Law and Justice……….Member;

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(d) two experts of repute who have special knowledge of, and professional experience in international trade, economics, business, commerce, law, finance, accountancy, management, industry, ²[technology,] public affairs or competition matters including competition law and policy……….Members.

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(2) The term of the Selection Committee and the manner of selection of panel of names shall be such as may be prescribed.]

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(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than ¹[a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do.

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(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.

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No person shall enter or remain in any stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket:

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Provided that where arrangements for the supply of tickets are made in the stage carriage by which a person has to travel, a person may enter such stage carriage but as soon as may be after his entry therein, be shall make the payment of his fare to the conductor or the driver who performs the functions of a conductor and obtain from such conductor or driver, as the case may be, a ticket for his journey.

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Explanation.--In this section,--

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(a) "pass" means a duty, privilege or courtesy pass entitling the person to whom it is given to travel in a stage carriage gratuitously and includes a pass issued on payment for travel in a stage carriage for the period specified therein;

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(b) "ticket" includes a single ticket, a return ticket or a season ticket.

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(1) Every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle.

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(2) Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature.

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¹ [(3) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.]

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(1) The Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:--

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(a) the width, height, length and overhang of vehicles and of the loads carried;

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¹[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;]

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(c) brakes and steering gear;

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(d) the use of safety glasses including prohibition of the use of tinted safety glasses;

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(e) signalling appliances, lamps and reflectors;

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(f) speed governors;

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(g) the emission of smoke, visible vapour, sparks, ashes, grit or oil;

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(h) the reduction of noise emitted by or caused by vehicles;

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(i) the embossment of chassis number and engine number and the date of manufacture;

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(j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users;

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(k) standards of the components ²[including software] used in the vehicle as inbuilt safety devices;

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(l) provision for transportation of goods of dangerous or hazardous nature to human life;

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(m) standardsfor emission of air pollutants;

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³[(n) installation of catalytic convertors in the class of vehicles to be prescribed;

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(o) the placement of audio-visual or radio or tape recorder type of device in public vehicles;

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(p) warranty after sale of vehicle and norms therefor:]

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Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment.

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(2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances ²[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.]

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²[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) 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:--

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

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(b) requiring the discovery and production of any document;

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(c) receiving evidence on affidavit; and

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(d) any other matter as may be prescribed.]

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(3) Notwithstanding anything contained in this section,--

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(a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter;

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(b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.

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¹[^3-A, 2[(1) A municipality constituted under clause (1) of article 243-Q of the Constitution in accordance with part IX-A thereof shall-

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(a) for every transitional area, be known as the Nagar Panchayat ;
(b) for every smaller urban area be known as the Municipal Council.
(2) Every Nagar Panchayat or Municipal Council constituted under sub-section (1), shall be a body corporate.
(3) Notwithstanding anything in sub-section (1),-
(a) every Municipal Board existing immediately before the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, shall 3from such commencement and until the first constitution of the Municipal Council under this Act as amended by the said Act, be deemed to be a Municipal Council under the Act ;
(b) every notified area committee constituted under section 338 or Town Area Committee constituted under the U. P. Town Areas Act, 1914 as it stood immediately before the commencement of the Act referred to in clause (a), shall 4from such commencement and until the first constitution of the Nagar Panchayat under this Act, as amended by the Act referred to in clause (a) be deemed to be a Nagar Panchayat under this Act.

(1) Before the issue of a notification ¹[ referred to in section 3] the ²[Governor] shall publish in the Official Gazette ³[and in a paper, approved by it for purposes of publication of public notices, published in the district or, if there is no such paper in the district, in the division in which the local area covered by the notification is situate and cause to be affixed at the office of the District Magistrate and at one or more conspicuous places within or adjacent to the local area concerned, a draft in Hindi of the proposed notification along with a notice stating that the draft will be taken into consideration on the expiry of the period as may be stated in the notice ; and ] ¹
(2) The ²[Governor] shall, before issuing the notification, consider any objection or suggestion in writing which it receives from any person, in respect of the draft, [within the period stated] ¹.

The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers or the performance of its functions under this Act be bound by such directions on questions of policy, as the Central Government may give, in writing to it, from time to time:

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Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section:

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Provided further that nothing in this section shall empower the Central Government to issue directions pertaining to technical or administrative matters undertaken by the Authority.

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(2) The decision of the Central Government, whether a question is one of policy or not, shall be final.

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The Central Government or, as the case may be, the State Government may, for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from, or the receipt therefrom forms part of, the Consolidated Fund of India, ¹[or the Consolidated Fund of State] require that such individual undergo authentication, or furnish proof of possession of Aadhaar number or in the case of an individual to whom no Aadhaar number has been assigned, such individual makes an application for enrolment:

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Provided that if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

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(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:--

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(a) the appointment, jurisdiction, control and functions of licensing authorities ¹[including the areas and the categories or arms and ammunition for which they may grant licences];

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(b) the form and particulars of application for the grant or renewal of a licence and where the application is for the renewal of a licence, the time within which it shall be made;

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(c) the form in which and the conditions subject to which any licence may be granted or refused, renewal, varied, suspended or revoked;

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(d) where no period has been specified in this Act, the period for which any licence shall continue to be in force;

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(e) the fees payable in respect of any application for the grant or renewal of a licence and in respect of any licence granted or renewed and the manner of paying the same;

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(f) the manner in which the makers name, the manufacturers number or other identification mark of a ²[ firearm or ammunition shall be stamped or otherwise shown thereon for the purposes of tracing];

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³[Explanation.--For the purposes of this clause, tracing means the systematic tracking of firearms and ammunition from manufacturer to purchaser for the purpose of detecting, investigating and analysing illicit manufacturing and illicit trafficking;]

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(g) the procedure for the test or proof of any firearms;

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(h) the firearms that may be used in the course of training, the age-limits of persons who may use them and the conditions for their use by such persons;

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(i) the authority to whom appeals may be preferred under section 18, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the refund of such fees;

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(j) the maintenance of records or accounts of anything done under a licence other than a licence under section 3 or section 4, the form of, and the entries to be made in, such records or accounts and the exhibition of such records or accounts to any police officer or to any officer of Government empowered in this behalf;

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(k) the entry and inspection by any police officer or by any officer of Government empowered in this behalf of any premises or other place in which arms or ammunition are or is manufactured or in which arms or ammunition are or is kept by a manufacturer of or dealer in such arms or ammunition and the exhibition of the same to such officer;

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(l) the conditions subject to which arms or ammunition may be deposited with a licensed dealer or in a unit armoury as required by sub-section (1) of section 21 and the period on the expiry of which the things so deposited may be forfeited;

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(m) any other matter which is to be, or may be, prescribed.

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(3) Every rule made under this section 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 ⁴[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 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.

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(d) the acquisition, possession or carrying by a person of minor parts of arms or ammunition which are not intended to be used along with complementary parts acquired or possessed by that or any other person.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) This Act may be called the Minimum Wages Act, 1948.

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(2) It extends to the whole of India ²***.

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(1) Subject to the provisions of this Act, the Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.

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(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:--

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(i) co-ordination of actions by the State Governments, officers and other authorities--

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(a) under this Act, or the rules made thereunder; or

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(b) under any other law for the time being in force which is relatable to the objects of this Act;

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(ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;

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(iii) laying down standards for the quality of environment in its various aspects;

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(iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever:

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Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;

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(v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;

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(vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;

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(vii) laying down procedures and safeguards for the handling of hazardous substances;

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(viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;

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(ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution;

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(x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution;

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(xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;

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(xii) collection and dissemination of information in respect of matters relating to environmental pollution;

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(xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;

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(xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act.

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(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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The Central Government shall, by notification, establish, with effect from such date as may be specified therein, a Tribunal to be known as the National Green Tribunal to exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

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(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:--

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(a) the specification of the base units of measures and base unit of mass under sub-section (2) of section 5;

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(b) the manner of preparation of objects and equipments under sub-section (3) of section 7;

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(c) physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, period of re-verification, methods or procedures of tests under sub-section (4) of section 7;

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(d) reference standards, secondary standards and working standards of weights and measures under sub-section (1) of section 9;

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(e) reference standards, secondary standards and working standards shall be verified and stamped and the fee under sub-section (2) of section 9;

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(f) the weight or measure or number in which any transaction, dealing, or contract in respect of any goods, class of goods or undertakings shall be made under section 10;

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(g) the qualifications of the Director and legal metrology officers under sub-section (2) of section 13;

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(h) the qualification of the Controller and legal metrology officers under sub-section (2) of section 14;

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(i) the manner of disposal of goods under sub-section (3) of section 15;

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(j) the standard quantities or number and the manner in which the packages shall bear the declarations and the particulars under sub-section (1) of section 18;

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(k) the manner and registration and the fee under section 19;

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(l) the management and control of the Institute, the teaching staff and other employees, the courses and curricula for training thereat, the qualifications, which a person shall possess in order to be eligible for admission thereto under sub-section (2) of section 21;

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(m) the manner, fee and authority for approval of models under section 22;

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(n) the kinds of weights or measures under sub-section (2) of section 24;

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(o) the manner in which, terms and conditions on which and fee on payment which the Central Government shall notify the Government approved Test Centre under sub-section (3) of section 24;

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(p) the qualifications and experience of persons appointed or engaged and the fee and terms and conditions on which Government approved Test Centre shall verify the weight or measure under sub-section (4) of section 24;

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(q) the error in net quantity under sub-section (2) of section 36;

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(r) fee for compounding of offence under sub-section (1) of section 48;

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(s) form and manner in which notice to the Director or the Controller or any other officer authorised by him shall be given under sub-section (2) of section 49.

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(3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees.

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(4) 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 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.

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(1) The exclusive economic zone of India (hereinafter referred to as the exclusive economic zone) is an area beyond and adjacent to the territorial waters, and the limit of such zone is two hundred nautical miles from the baseline referred to in sub-section (2) of section 3.

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(2) Notwithstanding anything contained in sub-section (1), the Central Government may, whenever it considers necessary so to do having regard to International Law and State practice, alter, by notification in the Official Gazette, the Limit of the exclusive economic zone.

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(3) No notification shall be issued under sub-section (2) unless resolutions approving the issue of such notification are passed by both Houses of Parliament.

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(4) In the exclusive economic zone, the Union has,--

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(a) sovereign rights for the purpose of exploration, exploitation, conservation and management of the natural resources, both living and non-living as well as for producing energy from tides, winds and currents;

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(b) exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the zone or for the convenience of shipping or for any other purpose;

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(c) exclusive jurisdiction to authorise, regulate and control scientific research;

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(d) exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution; and

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(e) such other rights as are recognised by International Law.

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(5) No person (including a foreign Government) shall, except under, and in accordance with, the terms of any agreement with the Central Government or of a licence or a letter of authority granted by the Central Government, explore or exploit any resources of the exclusive economic zone or carry out any search or excavation or conduct any research within the exclusive economic zone or drill therein or construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or device therein for any purpose whatsoever:

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Provided that nothing in this sub-section shall apply in relation to fishing by a citizen of India.

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(6) The Central Government may, by notification in the Official Gazette,--

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(a) declare any area of the exclusive economic zone to be a designated area; and

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(b) make such provisions as it may deem necessary with respect to,--

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(i) the exploration, exploitation and protection of the resources of such designated area; or

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(ii) other activities for the economic exploitation and exploration of such designated area such as the production of energy from tides, winds and currents; or

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(iii) the safety and protection of artificial islands, off-shore terminals, installations and other structures and devices in such designated area; or

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(iv) the protection of marine environment of such designated area; or

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(v) customs and other fiscal matters in relation to such designated area.

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Explanation.--A notification issued under this sub-section may provide for the regulation of entry into and passage through the designated area of foreign ships by the establishment of fairways, sealanes,

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traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interests of India.

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(7) The Central Government may, by notification in the official Gazette,--

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(a) extend, with such restrictions and modifications as it thinks fit, any enactment for the time being in force in India or any part thereof to the exclusive economic zone or any part thereof; and

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(b) make such provisions as it may consider necessary for facilitating the enforcement of such enactment,

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and any enactment so extended shall have effect as if the exclusive economic zone or the part thereof to which it has been extended is a part of the territory of India.

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(8) The provisions of sub-section (7) of section 6 shall apply in relation to the laying or maintenance of submarine cables or pipelines on the seabed of the exclusive economic zone as they apply in relation to the laying or maintenance of submarine cables or pipelines on the seabed of the continental shelf.

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(9) In the exclusive economic zone and the air space over the zone, ships and aircraft of all States shall, subject to the exercise by India of its rights within the zone, enjoy freedom of navigation and over flight.

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(1) The continental shelf of India (hereinafter referred to as the continental shelf) comprises the seabed and subsoil of the submarine areas that extend beyond the limit of its territorial waters throughout the natural prolongation of its land territory to the outer edge of the continental margin or to a distance of two hundred nautical miles from the baseline referred to in subsection (2) of section 3 where the outer edge of the continental margin does not extend up to that distance.

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(2) India has, and always had, full and exclusive sovereign rights in respect of its continental shelf.

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(3) Without prejudice to the generality of the provisions of sub-section (2), the Union has in the continental shelf,--

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(a) sovereign rights for the purposes of exploration, exploitation, conservation and management of all resources;

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(b) exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-shore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the continental shelf or for the convenience of shipping or for any other purpose;

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(c) exclusive jurisdiction to authorise, regulate and control scientific research; and

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(d) exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution.

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(4) No person (including a foreign Government) shall, except under, and in accordance with, the terms of a licence or a letter of authority granted by the Central Government, explore the continental shelf or exploit its resources or carry out any search or excavation or conduct any research within the continental shelf or drill therein or construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or device therein for any purpose whatsoever.

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(5) The Central Government may, by notification in the Official Gazette,--

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(a) declare any area of the continental shelf and its superjacent waters to be a designated area; and

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(b) make such provisions as it may deem necessary with respect to,--

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(i) the exploration, exploitation and protection of the resources of the continental shelf within such designated area; or

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(ii) the safety and protection of artificial islands, off-shore terminals, installations and other structures and devices in such designated area; or

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(iii) the protection of marine environment of such designated area; or

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(iv) customs and other fiscal matters in relation to such designated area.

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Explanation.--A notification issued under this sub-section may provide for the regulation of entry into and passage through the designated area of foreign ships by the establishment of fairways, sealanes, traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interests of India.

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(6) The Central Government may, by notification in the Official Gazette,--

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(a) extend with such restrictions and modifications as it thinks fit, any enactment for the time being in force in India or any part thereof to the continental shelf or any part [including any designated area under sub-section (5)] thereof; and

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(b) make such provisions as it may consider necessary for facilitating the enforcement of such enactment,

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and any enactment so extended shall have effect as if the continental shelf or the part [including, as the case may be, any designated area under sub-section (5)] thereof to which it has been extended is a part of the territory of India.

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(7) Without prejudice to the provisions of sub-section (2) and subject to any measures that may be necessary for protecting the interests of India, the Central Government may not impede the laying or maintenance of submarine cables or pipelines on the continental shelf by foreign States:

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Provided that the consent of the Central Government shall be necessary for the delineation of the course for the laying of such cables or pipelines.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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(1) No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other law for the time being in force:

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Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle or class or description of motor vehicles by the Central Government by notification in the Official Gazette.

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(2) The State Government or any authority authorised in this behalf by the State Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the Official Gazette, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximum speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified class or description of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in a particular area or on a particular road or roads:

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Provided that no such notification is necessary if any restriction under this section is to remain in force for not more than one month.

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(3) Nothing in this section shall apply to any vehicle registered under section 60 while it is being used in the execution of military manoeuvres within the area and during the period specified in the notification under sub-section (1) of section 2 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938 (5 of 1938).

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(1) Subject to the provisions of this Act, the Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.

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(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:--

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(i) co-ordination of actions by the State Governments, officers and other authorities--

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(a) under this Act, or the rules made thereunder; or

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(b) under any other law for the time being in force which is relatable to the objects of this Act;

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(ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;

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(iii) laying down standards for the quality of environment in its various aspects;

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(iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever:

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Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;

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(v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;

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(vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;

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(vii) laying down procedures and safeguards for the handling of hazardous substances;

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(viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;

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(ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution;

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(x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution;

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(xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;

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(xii) collection and dissemination of information in respect of matters relating to environmental pollution;

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(xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;

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(xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act.

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(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.

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¹[^3-A, 2[(1) A municipality constituted under clause (1) of article 243-Q of the Constitution in accordance with part IX-A thereof shall-

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(a) for every transitional area, be known as the Nagar Panchayat ;
(b) for every smaller urban area be known as the Municipal Council.
(2) Every Nagar Panchayat or Municipal Council constituted under sub-section (1), shall be a body corporate.
(3) Notwithstanding anything in sub-section (1),-
(a) every Municipal Board existing immediately before the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, shall 3from such commencement and until the first constitution of the Municipal Council under this Act as amended by the said Act, be deemed to be a Municipal Council under the Act ;
(b) every notified area committee constituted under section 338 or Town Area Committee constituted under the U. P. Town Areas Act, 1914 as it stood immediately before the commencement of the Act referred to in clause (a), shall 4from such commencement and until the first constitution of the Nagar Panchayat under this Act, as amended by the Act referred to in clause (a) be deemed to be a Nagar Panchayat under this Act.

(1) Before the issue of a notification ¹[ referred to in section 3] the ²[Governor] shall publish in the Official Gazette ³[and in a paper, approved by it for purposes of publication of public notices, published in the district or, if there is no such paper in the district, in the division in which the local area covered by the notification is situate and cause to be affixed at the office of the District Magistrate and at one or more conspicuous places within or adjacent to the local area concerned, a draft in Hindi of the proposed notification along with a notice stating that the draft will be taken into consideration on the expiry of the period as may be stated in the notice ; and ] ¹
(2) The ²[Governor] shall, before issuing the notification, consider any objection or suggestion in writing which it receives from any person, in respect of the draft, [within the period stated] ¹.

For the purposes of sub-clause (a) of clause (4), and sub-clause (c) of clause (7), of article 22 of the Constitution,--

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(a) the Central Government and each State Government shall, whenever necessary, constitute one or more Advisory Boards each of which shall consist of a Chairman and two other persons possessing the qualifications specified in sub-clause (a) of clause (4) of article 22 of the Constitution;

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(b) save as otherwise provided in section 9, the appropriate Government shall, within five weeks from the date of detention of a person under a detention order make a reference in respect thereof to the Advisory Board constituted under clause (a) to enable the Advisory Board to make the report under sub-clause (a) of clause (4) of article 22 of the Constitution;

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(c) the Advisory Board to which a reference is made under clause (b) shall after considering the reference and the materials placed before it and after calling for such further information as it may deem necessary from the appropriate Government or from any person called for the purpose through the appropriate Government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard in person, after hearing him in person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not there is sufficient cause for the detention of the person concerned and submit the same within eleven weeks from the date of detention of the person concerned;

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(d) when there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board;

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(e) a person against whom an order of detention has been made under this Act shall not be entitled to appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential;

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(f) in every case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit and in every case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the person to be released forthwith.

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(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

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(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:--

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¹[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5;

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(ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause (b) of the Explanation to section 5;

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(ac) the criteria of combinations under sub-section (4) of section 6;

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(ad) the criteria under sub-section (7) of section 6;]

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²[ ³[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of section 9;]

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(b) the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under sub-section (3) of section 10;

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⁴* * * * *

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(d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section (1) of section 14;

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⁵[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section (1A) of section 16;]

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(e) the salary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or ⁶[such officers or other employees] under sub-section (3) of section16;

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(f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or Assistant Directors General or ¹⁰[such officers or other employees] under sub-section (4) of section 16;

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(g) the salaries and allowances and other terms and conditions of service of the ⁷[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section17;

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⁸ * * * *

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(k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 52;

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(l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub-section (1) of section 53;

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(m) the form in which and the time within which the annual report shall be prepared under sub-section (2) of section 53;

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⁹[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section (2) of section 53B and the fees payable in respect of such appeal;

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(me) the fee which shall be accompanied with every application made under sub-section (2) of section 53N;

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(mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;]

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¹¹[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;]

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¹²[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;]

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(o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules.

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(3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made under this Act 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 notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or 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 notification or rule, as the case may be.

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¹[9. Selection Committee for Chairperson and Members of Commission.--(1) The Chairperson and other Members of the Commission shall be appointed by the Central Government from a panel of names recommended by a Selection Committee consisting of--

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(a) the Chief Justice of India or his nominee……..Chairperson;

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(b) the Secretary in the Ministry of Corporate Affairs………Member;

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(c) the Secretary in the Ministry of Law and Justice……….Member;

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(d) two experts of repute who have special knowledge of, and professional experience in international trade, economics, business, commerce, law, finance, accountancy, management, industry, ²[technology,] public affairs or competition matters including competition law and policy……….Members.

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(2) The term of the Selection Committee and the manner of selection of panel of names shall be such as may be prescribed.]

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(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

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(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:--

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¹[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5;

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(ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause (b) of the Explanation to section 5;

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(ac) the criteria of combinations under sub-section (4) of section 6;

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(ad) the criteria under sub-section (7) of section 6;]

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²[ ³[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of section 9;]

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(b) the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under sub-section (3) of section 10;

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⁴* * * * *

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(d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section (1) of section 14;

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⁵[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section (1A) of section 16;]

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(e) the salary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or ⁶[such officers or other employees] under sub-section (3) of section16;

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(f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or Assistant Directors General or ¹⁰[such officers or other employees] under sub-section (4) of section 16;

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(g) the salaries and allowances and other terms and conditions of service of the ⁷[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section17;

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⁸ * * * *

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(k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 52;

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(l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub-section (1) of section 53;

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(m) the form in which and the time within which the annual report shall be prepared under sub-section (2) of section 53;

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⁹[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section (2) of section 53B and the fees payable in respect of such appeal;

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¹⁰ * * * *

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(me) the fee which shall be accompanied with every application made under sub-section (2) of section 53N;

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(mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;]

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¹¹[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;]

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¹²[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;]

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(o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules.

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(3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made under this Act 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 notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or 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 notification or rule, as the case may be.

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¹[9. Selection Committee for Chairperson and Members of Commission.--(1) The Chairperson and other Members of the Commission shall be appointed by the Central Government from a panel of names recommended by a Selection Committee consisting of--

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(a) the Chief Justice of India or his nominee……..Chairperson;

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(b) the Secretary in the Ministry of Corporate Affairs………Member;

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(c) the Secretary in the Ministry of Law and Justice……….Member;

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(d) two experts of repute who have special knowledge of, and professional experience in international trade, economics, business, commerce, law, finance, accountancy, management, industry, ²[technology,] public affairs or competition matters including competition law and policy……….Members.

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(2) The term of the Selection Committee and the manner of selection of panel of names shall be such as may be prescribed.]

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Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

---

Subject to the provisions of section 15, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

---

The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification.

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