Dadra And Nagar Haveli And Daman And Diu (Adaptation Of State Law) Third Order, 2022

[18 January 2022]

S.O. 236(E).-In exercise of the powers conferred by section 19 of the Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 2019 (44 of 2019), and of all other powers enabling it in that behalf, the Central Government hereby makes the following Order in respect of the Union territory of Dadra and Nagar Haveli and Daman and Diu, namely:-

Order - 1. Short title and commencement.

(1)     This Order may be called the Dadra and Nagar Haveli and Daman and Diu (Adaptation of State Law) Third Order, 2022.

(2)     It shall come into force on the date of its publication in the Official Gazette.

Order - 2.

The General Clauses Act, 1897(10 of 1897) applies for the interpretation of this Order as it applies for interpretation of laws in force in the territory of India.

Order - 3.

On and from the date of publication of, the Acts and Regulations mentioned in the Schedule to this Order shall, until repealed or amended by a competent Legislature or other competent authority, have effect, subject to the adaptations and modifications directed by the Schedule annexed to this Order, or if it is so directed, shall stand repealed.

Order - 4.

Where this Order requires that in any specified section or other portion of Act or Regulation, certain words shall be substituted for certain other words, or the certain words shall be omitted, such substitution or omission, as the case may be, shall, except where it is otherwise expressly provided, be made wherever the words referred to occur in that section or portion.

Order - 5.

The provisions of this Order which adapt or modify or repeal a State Law or any Regulation so as to alter the manner in which, the authority by which or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, bye-law, rule or regulation duly made or issued, or anything duly done before the 26th day of January, 2020; and any such notification, order commitment, attachment, bye-law, rule, regulation or anything may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances as if it had been made, issued or done after the commencement of this Order by the competent authority and in accordance, with the provisions then applicable to such case.

Order - 6.

(1)     The omission or amendment of any section or provision of Act or Regulation or repeal of any Law specified in the Schedule to this Order shall not affect-

(a)      the previous operation of any such section or provision or Regulation or Law so omitted or amended or repealed or anything duly done or suffered thereunder;

(b)      any right, privilege, obligation or liability acquired, accrued or incurred under any such section or provision so omitted or repealed;

(c)      any penalty, forfeiture or punishment incurred in respect of any offence committed against any section or provision so omitted or repealed; or

(d)      any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 2019 (44 of 2019) or this Order had not come into force.

(2)     Subject to the provisions contained in sub-paragraph (1), anything done or any action taken (including any appointment or delegation made, notification, instruction or direction issued, from, bye-law or scheme framed, certificate obtained, permit or licence granted or registration effected or agreement executed) under any such Law or Regulations shall be deemed to have been done or taken under the corresponding provisions of the Laws now extended and applicable to the Union territory of Dadra and Nagar Haveli and Daman and Diu and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the Laws now extended to the Union territory of Dadra and Nagar Haveli and Daman and Diu.

SCHEDULE 1

THE SCHEDULE

(See paragraph 3)

1. STATE LAW

1. The Goa, Daman and Diu Debt Relief Act, 1980

(8 of 1981)

1.        In the principal Act, in the long title, in the preamble, in the short title, in sub-section (2) of section 1 and clause (n) of section 2, for "Goa," wherever it occurs substitute "Dadra and Nagar Haveli and".

2.        Section 2.-

(i)       clause (a) shall be omitted;

(ii)      in clause (g), -

A.        in sub-clause (vi),-

(a)      in item (2)- omit, "a subsidiary bank as defined in the State Bank of India Subsidiary Banks) Act, 1959 (38 of 1959), " and after "(5 of 1970)" insert "and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980),".

(b)      in item (3),after "Diu" insert "and the Gujarat Co-operative Societies Act, 1961 (Gujarat Act 10 of 1962) as extended to erstwhile Union territory of Dadra and Nagar Haveli or any Co-operative Societies Act prevailing in Union Territory".

(c)      in item (5), for "section 617 of the Companies Act, 1956 (1 of 1956)" substitute "clause (45) of section 2 of the Companies Act, 2013 (18 of 2013)".

B.        after sub clause (vi), insert the following clauses, namely.

"(vii) any amount due by such debtor under hire purchase agreement;

(viii) any debt which represents the price of property; whether movable or immovable purchased by such debtor;

(ix) ?any amount due by such debtor under a partition to another sharer;

(x) ??any amount received by a debtor as advance for the delivery of goods at future date; and

(xi) any sum decreed as costs by any Court."

(iii) for clause (k), substitute the following clause, namely :"

(k) ??"Government" means the Union territory Administration of Dadra and Nagar Haveli and Daman and Diu headed by the Administrator appointed by the President under article 239 of the Constitution."

3.        Section 4.- For "two thousand and four hundred", substitute "twenty seven thousand".

4.        Section 23." For "two", substitute "twenty".

5.        Section 28.-Omit sub-section (3).

 

2. The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947

(62 of 1947) as in force in the State of Gujarat.

(as extended to the Union Territory of Dadra and Nagar Haveli.)

 

1.        In the principal Act, in the long title, in sub-section (2) of section 1 and clause (1) of section (2), after "Haveli" wherever it occurs, insert "and Daman and Diu"

2.        Section 2."

(i)       for clause (1B), substitute the following clause, namely :-

"(1B) "Collector" means the Collector of a district and includes any other officer appointed by the Government to exercise and perform all or any of the powers and functions of a Collector under this Act;";

(ii)      in clause (3A), after (10 of 1962) insert "or the Maharashtra Co-operative Societies Act, 1960 (XXIV of 1960) or any Co-operative Societies Act";

(iii)     in clause (11), after "1971", insert "and Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1968)".".

3.        Section 6." In sub-section (2), after "1971", insert "and Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969)".

4.        Section 8AA.-In clause (a) of sub-section (2),for "section 23 of the Land Acquisition Act, 1894 (1 of 1894), substitute "the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)".

5.        Section 8A." In marginal heading, for " and 8" substitute "8 and 8AA"

6.        Insertion of section 8B.- After section 8A insert the following section, namely :"

"8B. Sections 7, 8 and 8AA not to apply to land situated in certain areas.

Nothing contained in sections 7, 8 and 8AA shall apply to the land situated within the limits of a Municipal Council, or to the land situated within the jurisdiction of a Planning Development Authority or a New Town Development Authority appointed or constituted under the provisions of the Goa, Daman and Diu Town and Country Planning Act, 1974 (21 of 1975) or any other law for the time being in force, and also to any land allocated to residential, commercial, industrial or any other non-agricultural use in the draft or final Regional plan prepared under the Goa, Daman and Diu Town and Country Planning Act, 1974 (21 of 1975) or any other law for the time being in force :

Provided that, no person shall transfer any parcel of land situated in the areas specified above, which has area less than the standard area notified before the date of coming into force of the Dadra and Nagar Haveli and Daman and Diu (Adaptation of State Law) Third Order, 2022 unless such parcel is created as a result of subdivision or layout approved by the Planning Development Authority or the Collector, as the case may be, under the provisions of the Goa, Daman and Diu Town and Country Planning Act, 1974 (21 of 1975) or any other law for the time being in force.

7.        Section 9.-

(i)       in sub-section (2), for "250", substitute "25000";

(ii)      in sub-section(3), insert the following proviso, namely:-

"Provided that, save as otherwise provided in section 31, the Collector may, upon an application made in this regard, regularise a transfer or partition of a land contrary to the provisions of this Act made on or after 30th November 1983 and before the date of commencement of the Dadra and Nagar Haveli and Daman and Diu (Adaptation of State Law) Third Order, 2022, if such land is allocated to residential, commercial, industrial, public or semi-public or any non-agricultural use, in the prevailing draft or final Regional Plan; or is intended to be used for any bona fide non-agricultural user, subject to payment of regularisation premium at such per centum not exceeding twenty-five percent of the market value of such land as per the Annual Statement of Rates, as the Administrator may notify, from time to time, in the Official Gazette::

Provided further that, save as otherwise provided in section 31, if a transaction of transfer or partition of land contrary to the provisions of this Act is regularised on the ground that the land would be used for any bona fide non-agricultural use, then failure to start such bona fide non-agricultural use within five years from the date of regularization shall result in forfeiture of such land by the Collector. Such land thereafter shall be first offered to the holder or occupant of a neighboring contiguous survey number or recognised sub-division of a survey number on payment of fifty per cent of the market value of such land as per the prevailing Annual Statement of Rates and three-fourth of the amount so collected shall be paid to the defaulting person from whom such land was forfeited to the Union territory Administration and the remaining one-fourth of the amount so collected shall be credited into the Union territory Administration account. Where occupant of such neighboring contiguous survey number or recognised sub-division refuses to purchase the fragment, the fragment shall be auctioned by the Union territory Administration and the proceeds thereof shall be divided between the defaulting person and the Union Territory Administration in the ratio of 3:1.

Explanation. - For the purposes of this sub-section, the term "Annual Statement of Rates" shall mean the Annual Statement of Rates published under the provisions of rules made under the Stamp Act prevailing in Union territory or any other Rules for the time being in force in this regard, prevalent in respect of the year in which the order of regularisation is issued by the Collector or the year in which such premium is paid, whichever is later."

3. The Goa, Daman and Diu Public Moneys (Recovery of Dues) Act,1986

(10 of 1987)

 

1.        In the principal Act, in the long title, in short title and in sub-section (2) of section 1, for "Goa," wherever it occurs substitute "Dadra and Nagar Haveli and"

2.        Section 2.

(i)       clause (b)-

(a)      omit sub-clause (iii);

(b)      in sub-clause (iv), after "1970" insert "and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980)".

(ii)      after clause (b), insert the following clause, namely :"

"(bb) "Collector" means the Collector of a district and includes any other officer appointed by the State Government to exercise and perform all or any of the powers and functions of a Collector under this Act;";

(iii)     in clause (e), for "section 617 of the Companies Act, 1956", substitute "clause (45) of section 2 of the Companies Act, 2013 (18 of 2013)".

(iv)    in clause (g), after "processing of goods" insert ", or mining or the hotel industry, or the transport of passengers or goods,";

(v)      re-number clause "(i)" of the explanation to clause (g) as clause "(h)"

(vi)    re-number clause "(ii)" of the explanation to clause (g) as clause "(i)" and after "as such by the" insert "State".

(vii)   re-number clause (h) as clause (j) and substitute the following clause, namely:-

"(j) "State Government" means the Union territory Administration of Dadra and Nagar Haveli and Daman and Diu headed by the Administrator appointed by the President under article 239 of the Constitution"."

3.        Section 3. -

(i)       in sub-section(1), in clause (d)-

(a)      after "(9 of 1969)" insert "and the Dadra and Nagar Haveli Land Revenue Administration Regulation, 1971 (2 of 1971)".;

(b)      in sub-clause (iii), after "(Act 9 of 1969)" insert "and the Dadra and Nagar Haveli Land Revenue Administration Regulation, 1971 (2 of 1971)".;

(ii)      in sub-section (2), after "(Act 9 of 1969)", insert "and the Dadra and Nagar Haveli Land Revenue Administration Regulation, 1971 (2 of 1971)".

4. The Goa, Daman and Diu Industrial Development Act, 1965

(22 of 1965)

1.        In the principal Act, in the long title, in preamble, in short title, in sub-section (2) of section 1, in clause (d) of section 2, in sub-section (1) of section 3 and in clause (i) of section 13 for "Goa," wherever it occurs substitute "Dadra and Nagar Haveli and".

2.        Section 2.-

(i)       for clause (e), substitute the following clause, namely :"

"(e) "Development" with its grammatical variations and cognate expressions, means the carrying out of building, engineering, quarrying or other operations, in, on, over or under land, or the making of any material change of any building or land, and includes re-development and "to develop" shall be construed accordingly;";

(ii)      in clause (l), for "section 3 of the land Acquisition Act, 1894, (1 of 1894)" substitute "the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)";

(iii)     for clause (m), substitute the following clause, namely:-

"(m) "State-Government" means the Union territory administration of Dadra and Nagar Haveli and Daman and Diu headed by the Administrator appointed by the President under article 239 of the Constitution".

3.        Section 4". For section 4, substitute the following section, namely:-

"4. Constitution.

(1)     The Corporation shall consist of the following twelve Directors, namely: -

(a)      Secretary (Industries);, ex officio;

(b)      Secretary (Finance) who shall be the Financial Advisor to the Corporation;, ex officio;

(c)      Chief Electrical Engineer;, ex officio;

(d)      Director of Industries;, ex officio;

(e)      President, Chamber of Commerce and Industry;, ex officio;

(f)       President, Small Scale Industries Association;, ex officio

(g)      An Architect or Environment Expert, to be nominated by the State Government;, ex officio;

(h)     A person having shown capacity in industry or commerce, to be nominated by the State Government;, ex officio;

(hh) Three persons having expertise in the fields of food processing/agriculture, bio-technology and pharma, to be nominated by the State Government;, ex officio;

(i)       The Managing Director of the Corporation, who shall be the Chief Executive of the Corporation, shall also be the Ex Officio Secretary to the Corporation;, ex officio;

(2)     The State Government shall appoint one of the Directors of the Corporation to be the Chairman of the Corporation."

4.        Section 5. -

(i)       in marginal heading of the section for "membership" substitute "Director";

(ii)      for "member" wherever it occurs substitute "Director";

(iii)     in clause (a), for "Chief Executive Officer" substitute "Managing Director".

5.        Section 6." For section 6, substitute the following section, namely:-

"6. Terms of office and conditions of service of Directors.

(1)     The Chairman and directors of the Corporation nominated under clauses (g), (h), and (hh) of sub-section (1) of section 4, shall hold office for a period of three years from the date of their nomination unless their term of office is terminated earlier by the State Government.

(2)     The director of the Corporation nominated under clauses (e), (f), (g), (h) and (hh) of sub-section (1) of section 4 shall be entitled to draw such honorarium or compensatory allowance for the purpose of meeting the personal expenditure in attending the meeting of the Corporation or of any Committee thereof or when appointed in connection with the work undertaken by or for the Corporation as may be prescribed."

6.        Section 7. " For "member" wherever it occurs substitute "Director".

7.        Section 8. -

(i)       in marginal heading of the section, for "membership" substitute "directorship";

(ii)      for "member" wherever it occurs substitute "Director".

8.        Section 9. " For "member" wherever it occurs substitute "Director".

9.        Section 10. -

(i)       in marginal heading and in sub-section (1) for "member" wherever it occurs substitute "Director" and for "membership" substitute "directorship".

(ii)      for sub-section (2) substitute the following sub-section, namely:-

"(2) In the absence of Chairman, the directors present shall choose the Presiding Officer to preside over the meeting."

10.     Section 11. " For "Vice-Chairman or a member" substitute "Director".

11.     Section 12. - For "Chief Executive Officer" wherever it occurs substitute "Managing Director".

12.     Section 13. " For sub-clause (c) and (d) of clause (ii) substitute the following clauses, namely:-

"(c) ??undertake mining and infrastructure for mining development and such other related activities within India subject to provision of law;

(d) ??undertake schemes or works either jointly or on agency basis with other corporate bodies or institutions, or with State Government in furtherance of the purposes for which the Corporation is established and all matter connected therewith."

13.     Section 19. - For section 19, substitute the following section, namely:-

?19. Grants, subventions, loans, advances and capital contribution to the Corporation The State Government may, after due appropriation by any law in this behalf, make such grants, subventions, loans and advances and capital contribution to the Corporation as it may deem necessary for the performances of the functions of the Corporation under this Act; and all grants, subventions, loans and advances and capital contribution made shall be on such terms and conditions as the State Government may after consulting the Corporation determine.

14.     Section 24. " Omit sub-section (4).

15.     Section 25. - Omit sub-section (4).

16.     Section 27. " For "Land Acquisition Act, 1894" substitute "Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)".

17.     Section 32. - In sub-section (iv), For "hundred" substitute "thousand".

18.     Section 33. " In sub-section (i), for "ten thousand" substitute "one lakh", for "hundred" substitute "thousand" and for "five thousand" substitute "fifty thousand"

19.     Section 35. - In sub-section (2), for "member" substitute "Director".

20.     Insertion of Section 37 A. and 37B." After section 37 insert the following sections, namely:-

"37 A. Declaration as industrial area.

(1)     Notwithstanding anything to the contrary contained in any other law for the time being in force, the State Government may, by notification in the Official Gazette-

(a)      declare an industrial area which is-

(i)       earmarked as industrial estate; and

(ii)      having adequate facilities in respect of power, roads, water supply, to be notified area;

(b)      appoint the Corporation or any Officer or Committee thereof for the purpose of the assessment and recovery of any taxes when imposed as per the provisions made thereof;

"37 B.Development of areas.

(1)     Notwithstanding anything to the contrary contained in any other law for the time being in force, once a notification is issued under sub-section (1) of section 37A declaring an industrial area as a notified area the State Government, may, by notification in the Official Gazette, appoint a Committee consisting of-

(i)       the Managing Director of the Corporation- Chairperson;

(ii)      Deputy Secretary (Revenue)- Member;

(iii)     One member nominated by the Corporation from amongst the Directors of the Corporation having knowledge in the field of engineering, architecture, industry, etc.- Member;

(iv)    any officer in the Town and Country Planning Department to be nominated by the State Government- Member Secretary; to decide and dispose of all applications for land development, permissions, No Objection Certificate, construction of building under all local or special laws including Goa, Daman and Diu Town and Country Planning Act, 1974 (21 of 1975) and rules framed thereunder or any other law for the time being in force (hereinafter in this section referred to as the "said Act").

(2)     The Committee shall discharge all the functions of the Chief Town Planner, Town and Country Planning Department in a non planning area, and functions of the Planning and Development Authority in a planning area, under the laws in force.

(3)     The Committee shall have regard to the provisions of all local laws including any regional plan, outline development plan, comprehensive development plan or other plans prepared under the said Act.

(4)     Notwithstanding anything to the contrary contained in any other law for the time being in force, permissions for any development in an Industrial area shall be governed by the regulations framed by the Corporation.

(5)     Any person aggrieved by the decision or order made by the Committee, may prefer an appeal to the Goa, Town and Country Planning Board constituted under the Goa, Daman and Diu Town and Country Planning Act, 1974 (21 of 1975), and the rules framed thereunder or any other law for the time being in force shall, mutatis mutandis, apply to such appeal:

Provided that the Municipal councils and the Village Panchayats which were receiving house tax from the occupants in the industrial estates under their respective laws shall be compensated by the State Government to the extent of the last financial years collection of taxes for such period as may be determined by the State Government which shall not be less than five years. (d) Make other provision as is necessary for the purpose of the enforcement of the provision so provided to that area.

(6)     Before the publication of a notification under sub-section (1), the State Government shall cause to be published in the Official Gazette and also in at least one newspaper published in a language other than English and circulating in the area to be specified in the notification, and inviting all persons who entertain any objections to the said proposal to submit the same in writing with reasons therefore to the State Government within two months from the date of publication of the proclamation in the Official Gazette.

(7)     No such notification under sub-section (1) shall be issued by the State Government, unless the objections, if any, so submitted under sub-section (2) are in its opinion insufficient or invalid.".

21.     Section 39. - In clause (a) of sub-section (1) for "51 of the Companies Act, 1956 (I of 1956) substitute "20 of the Companies Act, 2013 (18 of 2013)".

22.     Section 42. "

(i)       omit sub-section (2);

(ii)      re-number sub-section (1) as section 42.

23.     Section 49. - For section 49, substitute the following section, namely:-

"49.Penalty for obstruction.

(1)     Any person who obstructs the entry of a person authorised under section 35 or any person with whom the Corporation has entered into a contract in the performance and execution by such person, to enter into or upon any land or building or molests such person after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act shall, on conviction by a competent court be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

(2)     If any person removes any mark setup for the purpose of indicating any level, boundary line, or direction necessary to the execution of works authorised under this Act, he shall, on conviction be punished with imprisonment for a term which may extend to three months or with fine which may extend to rupees five thousand or with both."

24.     Section 50. " Omit sub-section (3).

25.     Section 51. -

(i)       Omit sub-section (2);

(ii)      re-number sub-section (1) as section 51.

26.     Insertion of Section 52 A. " After section 52 insert the following section, namely:-

"52 A. Notice to suit and limitation of suits against Corporation, Committees, Officers and servant for acts done in pursuance of execution of this Act.

(1)     No suit shall lie against the Corporation or against any committee constituted under this Act, or against any Officer, or servant of the Corporation in respect of any act done in pursuance or execution or intending execution of this Act, or in respect of any alleged neglect, or default in the execution of this Act, -

(a)      unless it is commenced within six months after the accrual of the cause of action; and

(b)      until the expiration of two months after the notice in writing has been in the case of the Corporation or its Committee, delivered or left at the Corporations office and in the case of an officer or servant of Corporation, delivered to him or left at his office or place of abode; and all such notices shall state with reasonable particulars the cause of action and the name and place of abode of the intending plaintiff and of his advocate, pleader, or agent, if any, for the purpose of the suit.

(2)     If the defendant in any such suit is an officer, or servant of the Corporation, payment of any sum or part thereof payable by him in or in consequence of the suit may, with the sanction of the Corporation, be made from the Corporation funds."

27.     Section 53. - In marginal heading and in section, for "member" substitute "Director".

28.     Insertion of Section 55. - After section 54 insert the following section, namely:-

"55. Act to have overriding effect.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Dadra and Nagar Haveli and Daman and Diu Municipal Council Regulation, 2004 (2 of 2014) and the Dadra and Nagar Haveli and Daman and Diu Panchayat Regulation, 2012 (5 of 2012)."

5. The Goa, Daman and Diu Motor Vehicles (Taxation on Passengers and Goods) Act, 1974

( 7 of 1974)

1.        In the principal Act, in the long title, in the preamble, in the short title, in sub-section (2) of section 1 and clause (15) of section 2, for "Goa," wherever it occurs substitute "Dadra and Nagar Haveli and".

2.        In the principal Act, in the preamble, omit "and public carrier" wherever it occurs.

3.        Section 2. "

(i)       for clause (1), substitute the following clause, namely:-

"(1) "Collector" means the Collector of a district and includes any other officer appointed by the Government to exercise and perform all or any of the powers and functions of a Collector under this Act.";

(ii)      in clause (3) and (9) omit "public carrier vehicle".;

(iii)     for clause (5), substitute the following clause, namely:-

"(5) "Government" means the Union Territory Administration of Dadra and Nagar Haveli and Daman and Diu headed by the Administrator appointed by the President under article 239 of the Constitution.";

(iv)    omit clause (11).

4.        Section 3.-

(i)       for sub-section (1), substitute the following sub-section, namely:-

"(1) On and from the date of the commencement of this Act, there shall be levied and paid to the Government a tax - On all passengers and goods carried by stage carriages, at such rate as would yield an amount equal to ten percentum of the amount of fares and freights payable to the operator of a stage carriage:

Provided that if the operator levies and collects fares and freights inclusive of the tax under this sub-section, the operator shall pay to the Government on account of the tax, one-eleventh of the total amount of fares and freights inclusive of tax collected by him;

Provided further that in respect of passengers, luggage or goods carried partly by rail and partly by road, the tax shall be in respect of the fare and freight chargeable for the distance covered by road only:

Provided also that no tax shall be payable under this Act on goods carried by Government vehicles and vehicles owned by the Central Government.

Explanation:- Where any fare or freight charged is a lumpsum paid by a person on account of a season ticket or as subscription or as contribution for any privilege, right or facility which is combined with the right of such person being carried or his goods transported by a motor vehicle, without any further payment or at a reduced charge, the tax shall be levied on the amount of such lump-sum or on such amount as appears to the prescribed authority to be fair and equitable having regard to the fare or freight fixed by a competent authority under the Motor Vehicles Act, 1988 (59 of 1988)."

(ii)      in sub-section (2), omit "or public carrier vehicles";

(iii)     for sub-section (3) substitute the following sub-section, namely:-

"(3) In case of passengers, luggage and goods carried by stage carriages in respect of which any reciprocal arrangement relating to taxation has been entered into between the Government and other state Governments or in respect of which any special Scheme has been formulated by the Central Government, the levy and payment of tax shall, notwithstanding anything contained in this Act, be in accordance with the terms and conditions of such reciprocal arrangement or special Scheme:

Provided that the terms and conditions of every such reciprocal arrangement shall be published in the Officer Gazette.".

5.        Section 4. " Omit "or public carrier vehicle".

6.        Section 6. - Omit "or public carrier vehicle" wherever it occurs.

7.        Section 8. " Omit "or public carrier vehicle" wherever it occurs.

8.        Section 9. - Omit "or public carrier vehicle" wherever it occurs.

9.        Insertion of Section 9A. " After section 9 insert the following section, namely:-

"9A. Restrictions on the use of stage carriages in certain cases.

No stage carriage shall be used for the carriage of passengers on any road in the Union Territory-

(a)      in case any tax or penalty payable in respect thereof remains unpaid for more than fifteen days after the notice of demand referred to in section 9 has been served on the operator, until such tax or penalty is paid, or

(b)      in case the returns required by section 4 have not been submitted, if daily returns are required, for more than seven days, and if returns at less frequent intervals have been prescribed, for such number of time and during such period as may be prescribed, until the returns are submitted.

Provided that the Tax Officer may, if the operator proves to his satisfaction that the failure to submit the returns referred to in clause (b) was not deliberate, exempt the stage carriage from the operation of that clause. ".

10.     Section 11. - Omit "and public carrier vehicles".

11.     Section 12. " Omit "or public carrier vehicle".

12.     Section 13. - Omit "or public carrier vehicle".

13.     Section 14. " Omit "or public carrier vehicle".

14.     Section 16. - In sub-section (1) for "two hundred and fifty" substitute "ten thousand".

15.     Section 18. " In sub-section (1) for "two hundred and fifty" substitute "ten thousand".

16.     Section 22. - Omit sub-section (3).

17.     Schedule. " For schedule, substitute the following schedule, namely.

"(1). The composition fee referred to in section 14 shall be calculated for the entire unexpired period of the currency of the permit or for a period of the currency of the permit or for a period of one month whichever is less, at the rate-

(a)      in the case of motor vehicles carrying or adapted to carry more than six persons excluding driver, plying for hire or reward and used for transport of passengers and in respect of which permits have been issued under the Motor Vehicles Act, 1988 (59 of 1988).

(i)       Vehicles permitted to ply as stage carriages - Rupees forty, per seat, per month, for the vehicles registered in the Union Territory of Dadra and Nagar Haveli and Daman and Diu.

Explanation: - Where stage carriage is permitted to carry standing passengers, one third of fee per seat referred to in item (i) shall also be payable in respect of each of the standing passengers aforesaid as if seating accommodation had been provided for them.

(ii)      Vehicles permitted to ply as contract carriages -Rupees eighty five, per seat, per month for the vehicle registered in the Union Territory of Dadra and Nagar Haveli and Daman and Diu and rupees three hundred, per seat, for the vehicles registered in a State or Union Territory other than the Union Territory of Dadra and Nagar Haveli and Daman and Diu, for one round trip.

(iii)     Vehicles in respect of which permits have been issued under sub-section 9 of section 88 of the Motor Vehicles Act, 1988 (59 of 1988), registered in the Union Territory of Dadra and Nagar Haveli and Daman and Diu: -

(A)     for bus: - Rupees two hundred seventy five per seat, per month.

(B)     for maxi cabs: - Rupees one hundred, per seat, per month.

(C)     for bus (sleeper coach): - Rupees two hundred seventy five, per berth, per month;

(iv)    Vehicles in respect of which permits have been issued under sub-section 9 of section 88 of the Motor Vehicles Act, 1988 (59 of 1988), registered in a State or Union Territory other than the Union Territory of Dadra and Nagar Haveli and Daman and Diu and plying in Union Territory of Dadra and Nagar Haveli and Daman and Diu,

(A)     for bus: - Rupees six hundred, per seat, per month.

(B)     for maxi cabs: - Rupees three hundred, per seat, per month.

(v)      Vehicles in respect of which permits have been issued under section 88(8) of the Motor Vehicles Act, 1988 (59 of 1988) or (special permit) registered in a State or Union Territory other than the Union Territory of Dadra and Nagar Haveli and Daman and Diu and plying in the Union Territory of Dadra and Nagar Haveli and Daman and Diu.

(A)     for bus and maxi cabs: - Rupees one hundred fifty, per seat, for single return trip.

(B)     for bus (sleeper coach): - Rupees three hundred, per passenger, for single return trip.

(vi)    Vehicles in respect of which counter signatures of permits have been granted under section 88(4) of the Motor Vehicles Act, 1988 (59 of 1988), registered in a State.

(2). ?An application for the grant or renewal of permission to pay the composition fee mentioned above, shall be made not less than fifteen days before the commencement of the period for which the tax is intended to be compounded, provided that the Tax Officer may, in any case, for reasons to be recorded by him in writing, permit the application to be made not later than fifteen days from such commencement; and the application shall be accompanied by a receipt evidencing the payment into a Government treasury of the composition fee."

6A. Bombay Motor Vehicles Tax Act, 1958

[as applicable to the erstwhile Union territory of Dadra and Nagar Haveli].

Repeal as a whole.

6B. The Goa, Daman and Diu Motor Vehicles Tax Act, 1974

(Act No. 8 of 1974)

1.        In the principal Act, in the long title, in the preamble, in the short title and sub-section (2) of section 1, for "Goa," wherever it occurs substitute "Dadra and Nagar Haveli and".

2.        Section 2. -

(i)       in proviso to clause (1), after "the words" insert "Dadra and Nagar Haveli and";

(ii)      in clause (1A) and clause (9), before "Daman" insert "Dadra and Nagar Haveli and" wherever it occurs;

(iii)     after clause 8, insert the following clause, namely:-

"(8a) "transport vehicles" means public service vehicle, a goods carriage, an educational institution bus or a private service vehicle.

3.        Section 3. "

(i)       in 1st proviso to sub-section (1), for "1939" substitute "1988";

(ii)      in 2nd proviso to sub-section (1), for "also" substitute "further";

(iii)     in 3rd proviso to sub-section (1) and 2nd proviso to sub-section (3), after "apply to" insert "Dadra and Nagar Haveli and" wherever it occurs;

(iv)    insub-section (1A), after "territory of" insert "Dadra and Nagar Haveli and".

4.        Section 3A. - In section (3A), after "territory of" insert "Dadra and Nagar Haveli and".

5.        Section 4. " In sub-section (5), before "Daman" insert "Dadra and Nagar Haveli and" wherever it occurs.

6.        Section 5. - In sub-section (5), after "necessary in" insert "Dadra and Nagar Haveli and".

7.        Section 9. " After sub-section (1), insert the following proviso, namely:-

"Provided that such a refund shall be made only after adjusting the amount of refund towards the tax payable in the succeeding year."

8.        Section 12. - In proviso, before "Daman" insert "Dadra and Nagar Haveli and".

9.        Section 18. "

(i)       in sub-clause (i) of clause (c) of sub-section (1), for "quarterly tax payable in respect of such vehicle" substitute "tax payable in respect of such vehicle for two quarters".

(ii)      in sub-clause (ii) of clause (c) of sub-section (1), for "tax payable in respect of such vehicle for two quarters" substitute "annual tax payable in respect of such vehicle".

10.     Section 19. - For "one hundred" substitute "five thousand" and for "two hundred" substitute "ten thousand".

11.     Section 21. " For "Magistrate of the second" substitute "Judicial Magistrate of the First".

12.     Section 24. -

(i)       in sub-section (3), for "hundred" substitute "thousand";

(ii)      Omit sub-section (6).

13.     Section 26. " After "apply to" insert "Dadra and Nagar Haveli and".

14.     Schedule. - For SCHEDULE A and SCHEDULE B, substitute-

SCHEDULE A

(See section 3)

TAX ON TRANSPORT VEHICLES IN DADRA AND NAGAR HAVELI DAMAN AND DIU.

Explanation: 1 - The seating capacity in respect of the passenger vehicles specified at serial number 3 shall be exclusive of the driver seat and the conductors seat.

Explanation: 2 - The maximum annual rate of tax for the motor vehicles other than those fitted with pneumatic tyres shall be the rates specified in paragraph 1 for the motor vehicles fitted solely with pneumatic tyres, plus fifty per centum.

Explanation: 3 -The maximum annual rate of tax payable by dealers in or manufacturers of motor vehicles, for general license in respect of each vehicle, shall be rupees 200.00

SCHEDULE B

(see section 3)

TAX ON NON-TRANSPORT VEHICLES IN DADRA AND NAGAR HAVELI DAMAN AND DIU

NOTE: Cost of the vehicle in relation to -

(a)      Vehicle manufactured in India means cost of the vehicle as per the purchase invoice issued either by the manufacturer or dealer of the vehicle and shall exclude the excise duty, sales tax and any other tax payable in the Union territory of Dadra and Nagar Haveli and Daman and Diu.

(b)      A vehicle imported into India irrespective of its place of manufacture means cost as per the landed value of the vehicle consisting of the assessable value under the Customs Act, 1962 (52 of 1962).

Explanation : I For the purpose of calculating the rate of one time tax under this Schedule, if the invoice of the vehicle, or as the case may be, the Bill of Entry is not produced for any reason, then the cost of vehicle shall be calculated as follows, namely: -

1.        (i) In case of model of such vehicle is being manufactured, the cost of vehicle certified by an authorised dealer or manufacturer of such vehicle.

(ii) In case manufacture of such model ceased, the prevailing market price of such vehicle certified by the licensed assessor or valuer of motor vehicles.

2.        If the cost of vehicle could not be calculated as per item 1, the prevailing cost of similar vehicle determined by the Taxation Authority, closest in engine capacity and unloaded weight of the vehicle in respect of which a tax is to be levied and collected.

Explanation : II In calculating the cost of vehicle, if the cost of the vehicle is not in multiple of hundred, the fraction of a hundred not exceeding fifty rupees shall be ignored and the fraction of hundred exceeding fifty rupees shall be taken as hundred rupees.

7. The Goa, Daman and Diu Labour Welfare Fund Act, 1986

(4 of 1987)

1.        In the principal Act, in the long title, in the preamble, in the short title, in sub-section (2) of section 1, in clause (a) of section 2, in sub-section (1) of section 4, in section 39 and in section 40 for "Goa," wherever it occurs substitute "Dadra and Nagar Haveli and".

2.        Section 2. "

(i)       in sub-clause (ii) of clause (c), for "one thousand and six hundred" substitute two thousand five hundred";

(ii)      for clause (g), substitute the following clause, namely :-

"(g) "Government" means the Union Territory Administration of Dadra and Nagar Haveli and Daman and Diu headed by the Administrator appointed by the President under article 239 of the Constitution".";

(iii)     omit clause (i);

(iv)    in clause (j), for "Government of Goa" substitute "Union Territory Administration of Dadra and Nagar Haveli and".

3.        Section 3. - In sub-section (2), for clause (c), substitute the following clause, namely:-

"(c) any contribution paid under Section 14;"

4.        Section 5. " In sub-section (1), -

(i)       for "Minister-in-charge of Labour" substitute "Secretary Labour Department";

(ii)      omit clause (b).

5.        Section 6. "

(i)       in first proviso for "Minister-in-charge of Labour" substitute "Secretary Labour Department";

(ii)      for "Minister" substitute "Secretary";

(iii)     omit second proviso.

6.        Section 14. -

(i)       for marginal notes of the section for "Contribution to fund by employees and employer" substitute "Contribution."

(ii)      for sub-section (1) substitute the following sub-section, namely:-

"(1) Every employee shall contribute a sum exceeding ten rupees, per year, as may be prescribed, from time to time, to the Fund and every employer shall, in respect of each such employee, contribute a sum exceeding twenty rupees, per year, as may be prescribed, from time to time, to the fund and the Government may, in respect of each such employee, contribute such sum if any, per year, as may be prescribed, from time to time, to the Fund."

7.        Section 16. " After clause (p) insert the following clause, namely:-

"(q) any scheme approved by the Government for the benefit of retrenched workmen and other workmen affected by layoff or closure of industrial establishments."

8.        Section 18. -

(i)       in marginal notes of section for "State Legislature" substitute "Government";

(ii)      for sub-section (3), substitute the following sub-section, namely:-

"(3) The Government shall cause the accounts of the Board to be published in the prescribed manner and make available copies thereof for sale at a reasonable price."

9.        Section 24. omit "under the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969)" after "revenue"

10.     Section 26. "

(i)       in clause (a), for "hundred" substitute "thousand";

(ii)      in clause (b), for "one" substitute "ten";

(iii)     in proviso, for "hundred" substitute "thousand".

11.     Section 27. -

(i)       in clause (a), for "hundred" substitute "thousand".;

(ii)      in clause (b), for "one" substitute "ten".;

(iii)     in proviso, for "hundred" substitute "thousand".

12.     Section 29. " For "one" substitute "ten".

13.     Section 31. - Omit ", and the Government shall cause every report to be laid before the Legislature as soon as may be after it is received by the Government" after "year,".

14.     Section 32. " Omit sub-section (2).

15.     Section 37. -

(i)       in sub-section (2), after clause (o) insert the following clause, namely:-

"(p) any other matter which is required to be, or may be, prescribed.";

(ii)      in sub-section (3) for "hundred" substitute "thousand".;

(iii)     omit sub-section (4).

8A. Goa, Daman and Diu shops and Establishments Act, 1973

[as applicable to the erstwhile Union territory of Daman and Diu]. and

8B. Goa, Daman and Diu Shops and Establishments Act, 1973

[as applicable to the erstwhile Union territory of Dadra and Nagar Haveli].

Repeal as a whole.

8C. The Gujarat Shops and Establishments

(Regulation of Employment and Conditions of Service) Act, 2019

(4 of 2019)

(as adopted to the Union Territory of Dadra and Nagar Haveli and Daman and Diu)

 

1.        In the principal Act, in the long title, after "2019" insert "as adapted to the Union Territory of Dadra and Nagar Haveli and Daman and Diu".

2.        Section 1. " In sub-section (2), for "State of Gujarat" substitute "Union Territory of Dadra and Nagar Haveli and Daman and Diu".

3.        Section 2. -

(i)       for sub-clause (i) of clause (h), substitute the following sub-clause, namely:-

"(i) ??a Municipal Council constituted under the Dadra and Nagar Haveli and Daman and Diu Municipal Council Regulation, 2004 (No. 2 of 2004)";

(ii)      omit sub-clause (ii) of clause (h);

(iii)     for sub-clause (iii) of clause (h), substitute the following sub-clause, namely:-

"(iii) ?a Panchayat constituted under the Dadra and Nagar Haveli and Daman and Diu Panchayat Regulation, 2012";

(iv)    after clause (p) insert the following clause, namely:-

"(pa) "State Government" means the Union territory Administration of Dadra and Nagar Haveli and Daman and Diu headed by the Administrator appointed by the President under article 239 of the Constitution.".

4.        Section 6. " In proviso to sub-section (1), for "Gujarat Shops and Establishments Act, l948" substitute "Goa, Daman and Diu shops and Establishments Act, 1973 (13 of 1974)".

5.        Section 7. -

(i)       in second proviso to sub-section (1) insert "further" after "Provided" and for "Gujarat Shops and Establishments Act, l948" substitute "Goa, Daman and Diu shops and Establishments Act, 1973 (13 of 1974)".

(ii)      after sub-section (2), insert the following sub-section, namely:-

"(3) whoever, contravenes the provision of this section or rules framed thereunder shall be punished with a fine of Rs. 5000/-.".

6.        Section 13. " After sub-section (2), insert the following sub-section, namely:-

"(3) Notwithstanding anything contained in the preceding sub-sections, the State Government may, by notification in the Official Gazette, in the public interest, prohibit or regulate the employment of women workers after 9-30 p.m. and before 7-00 a.m. in such shops, establishments, hotels, restaurants, residential hotels, permit rooms, bars, spa-massage parlors, lodges or any business or any trade or occupation in such area or areas as it may deem fit.

7.        Section 28. - Omit section 28.

8.        Section 29. " For section 29 substitute the following section, namely:-

"29. Penalty for contravention of provisions of this Act.

(1)     Whoever contravenes the provisions of this Act or the rules made thereunder shall, if no other specific penalty is provided by or under this Act for such contravention, be punishable with fine which may extend to five lakh rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty thousand rupees for every day during which such contravention continues:

Provided that the total amount of fine shall not exceed twenty thousand rupees per worker employed.

(2)     If any person who has been convicted of any offence punishable under subsection (1) is again guilty of an offence involving a contravention or failure of compliance of the same provision, be shall be punishable on a subsequent conviction with fine which shall not be less than three lakh rupees but which may extend to ten lakh rupees"

9.        Section 30. - For "twenty-five thousand" substitute "one lakh" and for "fifty thousand" substitute "two lakh".

10.     Section 32. "

(i)               In sub-section (1), for "fifty thousand" substitute "two lakh";

(ii)              in sub-section(2), -

(a)      for "fifty thousand" substitute "five lakh";

(b)      in proviso, for "two" substitute "fifty".

11.     Section 33. - In sub-section (2), omit "a Metropolitan Magistrate or"

12.     Section 35. " In sub-clause (i) of clause (a) of sub-section (1), for "Corporation" substitute "Council" and omit sub-clause (iii).

13.     Section 39. - Omit sub-section (3).

14.     Section 41. " Omit section 41.

9. The Goa, Daman and Diu Electricity Duty Act, 1986

(7 of 1987)

1.        In the principal Act, in the long title, in the preamble, in the short title and in clause (i) and (m) of section 2 for "Goa," wherever it occurs substitute "Dadra and Nagar Haveli and".

2.        Section 2. For clause (e), substitute the following clause, namely:-

"(e) "Government" means the Union Territory Administration of Dadra and Nagar Haveli and Daman and Diu headed by the Administrator appointed by the President under article 239 of the Constitution.".

3.        Section 3. - In sub-section (1), for "at the rates specified in the Schedule" substitute "determined at such rate or rates as may from time to time be fixed by the Government by notification in the Official Gazette, and such rate may be fixed either as a specified percentage of the rate charged or as a specified sum per unit".

4.        Section 10. " For "one" substitute "ten".

5.        Omit Schedule of the Act.

10. THE GUJARAT LIFTS AND ESCALATORS ACT, 2000

(4 of 2000)

(as adapted to the Union Territory of Dadra and Nagar Haveli and Daman and Diu)

1.        Throughout the Actfor "Lifts and Escalators" substitute " Lifts, Escalators and Moving Walks" and for "Lifts or Escalators" substitute "Lifts or Escalators or Moving Walks" and there shall also be made in any sentence in which those words occurs such consequential amendments as the rules of grammar may require.

2.        In the principal Act, in the preamble and in sub-section (2) of section 1 for "State of Gujarat" wherever it occurs substitute "Union Territory of Dadra and Nagar Haveli and Daman and Diu."

3.        Section 1. - In the principal Act, in the short title, after "2000" insert "as adapted to the Union Territory of Dadra and Nagar Haveli and Daman and Diu."

4.        Section 2. "

(i)       After clause (J), insert the following clause, namely:-

"(ja) "moving walk" means a power-driven installation for the conveyance of persons or passengers in which the user carrying surface remains parallel to its direction of motion and is uninterrupted (e.g. pallets, belt);

(ii)      after clause (n), insert the following clause, namely:-

(o)? "State Government" means the Union territory Administration of Dadra and Nagar Haveli and Daman and Diu headed by the Administrator appointed by the President under article 239 of the Constitution.".

5.        Section 6.-

(i)       in sub-section (1), for "three" substitute "twenty";

(ii)      in sub-section (2) after the word " renewed" insert " for five years at a time";

(iii)     after sub-section (2), insert the following sub-section, namely:-

"(3) The Inspector (Lifts) may impose certain condition including major modernization to the lift or escalator installation, if necessary, for safety improvements in the lift or escalator before granting renewal of license.".

6.        Insertion of Section 6A. - After section 6, insert the following section, namely:-

"6A. ?Alternate power supply system. The owner shall make arrangements to provide for alternative automatic power supply system to ensure the functioning of the lift in the event of breakdown of power supply within a period of thirty seconds.".

7.        Insertion of Section 9A. " After section 9, insert the following section, namely:-

"9A. Code of Practice

(1)     Save as otherwise provided in this Act, the relevant Code of Practice of Bureau of Indian Standards shall be followed to carry out the purposes of this Act, and in the event of any inconsistency, the provisions of this Act and the rules made there under shall prevail.

(2)     The specifications for lift and escalator and the material and apparatus used therein shall conform to the relevant specifications of the Bureau of Indian Standards where such specifications have already been laid down or the rules made therefore.

(3)     The number of lift and escalator to be installed in a premises and the spacing between them shall be as per the relevant Code of Practice of Bureau of Indian Standards or the National Building Code.

8.        Insertion of Sections 10A and 10B. - After section 10, insert the following sections, namely:-

"10A. Power of State Government to grant exemption. The State Government may, direct, in writing that any of the provisions of this Act be exempted subject to such conditions as it may be prescribed.

10B. Delegation of powers by the Government. ?The State Government may, by notification in the Official Gazette, delegate any of the powers conferred on it by or under this Act to such person as it deem fit.".

9.        Section 14. " In sub-section (1), omit "also in the area for which a Commissioner of Police has been appointed, to the Commissioner of Police and elsewhere.".

10.     Insertion of Section 14A. - After section 14, insert the following section, namely:-

"14A. Intimation about closure of a lift or escalator. If any lift or escalator installed in a premises, gets decommissioned, an intimation about this shall be given by the owner of the lift or escalator, as the case may be, to the officer authorized by in this behalf, as soon as possible but not later than three months.".

11.     Section 15.-

(i)       in sub-section (1), for "duly qualified as Electrical Inspector under the Indian Electricity Act, 1910 (9 of 1910)" substitute "possessing such qualifications as may be prescribed by the State Government";

(ii)      in sub-section (2), for "State" substitute "Union Territory of Dadra and Nagar Haveli and Daman and Diu";

(iii)     in sub-section (4), for "duly qualified to assist an Electrical Inspector under the Indian Electricity Act, 1910 (9 of 1910)" substitute "possessing such qualifications as may be prescribed".

12.     Insertion of Section 17A to 17E. " After section 17, insert the following sections, namely:-

"17A. Sealing.

(1)     Any lift or escalator in respect of which a direction issued under this Act has not been carried out to the satisfaction of the Inspector of lifts and escalators, such lift or escalator, as the case may be, if found being used may be ordered to be sealed by the Inspector of lifts and escalators.

(2)     An appeal against an order under sub-section (1) shall lie to the State Government whose decision thereon shall be final.

17B. Insurance. The owner shall, after the completion of the erection of such lift or escalator, ensure third party insurance so as to cover the risk of passengers using such lift or escalator.

17C. Log book and reporting. The owner shall maintain a log book for each lift or escalator and enter therein the details of operation, break-down (other than failure in electrical supply) and accident, if any. These log books may be inspected by the Inspector (Lifts) as and when he so desires.

17D.Life span. A lift or escalator installed in the premises may be replaced by the owner of the lift or escalator, after the period of twenty years of its installation or as directed by the Inspector of lifts and escalators under section 7.

17E. Concurrent liability. The lift or escalator erection or maintenance company, as the case may be, may also be prosecuted and held liable for punishment under this Act in case an accident occurs in the lift or escalator, due to malfunctioning of any of the safety provisions of the lift or escalator, if attributable to such lift or escalator erection or maintenance company.".

13.     Insertion of Section 18A. " After section 18, insert the following section, namely:-

"18A. Penalty not to affect other liabilities Save as provided in this Act, the penalties imposed under this Act shall be in addition to, and not in derogation of, any criminal or civil liability under any other law for the time being in force which the offender may have incurred.".

14.     Section 20. -

(i)       section 20 shall be renumbered as sub-section (1);

(ii)      in sub-section (1) so renumbered, after "Government" insert "or such officer, not below the rank of the Inspector of lifts and escalators as the State Government may authorize in this behalf;

(iii)     after sub-section (1), insert the following sub-section, namely:-

"(2) The Court not below the rank of the Judicial Magistrate First Class shall try all offences punishable under this Act.".

15.     Section 24. "

(i)       in Sub-section (2), after clause (m) insert the following clause, namely:-

"(ma) qualifications of the person for appointment as the Chief Inspector of lifts and escalators, the Inspector of lifts and escalators and the Assistant Inspector of lifts and escalators under sub-sections (1) and (4) of section 15";

(ii)      omit sub-sections (3) and (4);

16.     Section 26. - Omit section 26.