Home India Lok Sabha Secretariat Bills were introduced in Lok Sabha on 27th July, 2015 reg. T...
Date: 2015-07-27 Category: Extra Ordinary State: Union Government Country: India

Bills were introduced in Lok Sabha on 27th July, 2015 reg. The Repealing and Amending (Fourth) Act, 2015, The Negotiable Instruments (Amendment) Act, 2015.

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Executive Summary & Key Takeaways

Executive Summary: This document contains the Repealing and Amending Fourth Act, 2015, which repeals certain enactments and amends others, as specified in the First and Second Schedules. It also includes the Negotiable Instruments Amendment Act, 2015, which amends the Negotiable Instruments Act, 1881, to address issues related to cheque dishonor jurisdiction. The Negotiable Instruments Amendment Act, 2015 is deemed to have come into force on June 15, 2015. Key Points / Main Content: Repealing and Amending Fourth Act, 2015: * **Short Title:** The Act is called the Repealing and Amending Fourth Act, 2015. * **Repeal of Enactments:** The enactments specified in the First Schedule are repealed to the extent mentioned in the fourth column thereof. * **Amendment of Enactments:** The enactments specified in the Second Schedule are amended to the extent and in the manner mentioned in the fourth column thereof. * **Savings Clause:** The repeal of any enactment does not affect other enactments where the repealed enactment has been applied or affect the validity of prior actions. * **First Schedule:** Lists enactments repealed, including The Excise Spirits Act, 1863; The Pensions’ Act, 1871; The Foreign Recruiting Act, 1874; The Indian Law Reports Act, 1875; The Elephants Preservation Act, 1879 and many others. * **Second Schedule:** Lists amendments to The Sexual Harassment of Women at Work Place Prevention, Prohibition and Redressal Act, 2013 and The Governors Emoluments, Allowances and Privileges Amendment Act, 2014. Negotiable Instruments Amendment Act, 2015: * **Short Title and Commencement:** The Act is called the Negotiable Instruments Amendment Act, 2015 and is deemed to have come into force on June 15, 2015. * **Amendment to Section 6:** Modifies the definition of "a cheque in the electronic form" and provides definitions for "asymmetric crypto system," "computer resource," "digital signature," "electronic form," and "electronic signature" by referencing the Information Technology Act, 2000. * **Amendment to Section 142:** Specifies the court jurisdiction for offenses under Section 138 based on where the payee's or holder's bank account is located, or where the drawer's bank account is located if the cheque is presented for payment otherwise through an account. * **Insertion of Section 142A:** Validates the transfer of pending cases related to Section 138 to the court having jurisdiction under the amended Section 142(2). Subsequent complaints against the same drawer should be filed in the same court. * **Repeal and Savings:** The Negotiable Instruments Amendment Ordinance, 2015 is repealed, but actions taken under it are considered valid under the amended Act. Impact Analysis: Central Government: * Impact: Streamlines the legal system by removing obsolete laws and clarifying jurisdiction for cheque dishonor cases. * Action Required: Ensure the Repealing and Amending Fourth Act, 2015, and the Negotiable Instruments Amendment Act, 2015 are implemented and enforced. Businesses and Financial Institutions: * Impact: Provides clarity on jurisdiction for cheque dishonor cases, potentially reducing undue protection for defaulters and encouraging cheque usage. * Action Required: Understand the new jurisdictional rules for Section 138 cases and ensure compliance. Courts: * Impact: Requires the transfer of pending Section 138 cases to courts with the appropriate jurisdiction as defined by the amended Section 142. * Action Required: Implement the transfer of cases as required by the new legislation. Payees and Holders in Due Course: * Impact: Provides clarity on where to file cheque dishonor cases, potentially simplifying the legal process. * Action Required: File cases in the appropriate court based on the location of the payee's or holder's bank account, or the drawer's bank account if the cheque is presented for payment otherwise through an account. Drawers of Cheques: * Impact: Clarifies the jurisdiction where cheque dishonor cases can be filed, which could affect the location of legal proceedings. * Action Required: Be aware of the jurisdictional rules for Section 138 cases and prepare for legal proceedings accordingly.

Key Entities Referenced

Lok Sabha: The lower house of the Parliament of India, where the mentioned bills were introduced. Republic of India: The nation governed by the constitution mentioned in the document. Parliament: The legislative body enacting the laws mentioned in the document. Law Commission: An entity whose reports were used to identify obsolete laws for repeal. P. C. Jain Commission: An entity whose reports were used to identify obsolete laws for repeal. Council of States: Also known as Rajya Sabha, the upper house of the Parliament of India, where the Appropriation Acts Repeal Bill, 2015 is pending. Negotiable Instruments Act, 1881: An act which the Negotiable Instruments Amendment Bill, 2015, aims to amend. Information Technology Act, 2000: An act to which the Negotiable Instruments Amendment Bill, 2015 refers for definitions of certain expressions.
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jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—15 REGISTERED NO. DL—(N)04/0007/2003—15 vlk/kkj.k EXTRAORDINARY Hkkx [k.M II — 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ ubZ fnYyh] lkseokj] tqykbZ 27] 2015@Jko.k+ 5] 1937 ¼'kd½ 29] No. 29] NEW DELHI, MONDAY, JULY 27, 2015/SHRAVANA 5, 1937 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. LOK SABHA ———— The following Bills were introduced in Lok Sabha on 27th July, 2015:— BILL NO. 194 OF 2015 A Bill to repeal certain enactments and to amend certain other enactments. BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:— 1. This Act may be called the Repealing and Amending (Fourth) Act, 2015. Short title. 2. The enactments specified in the First Schedule are hereby repealed to the extent Repeal of mentioned in the fourth column thereof. certain enactments. 3. The enactments specified in the Second Schedule are hereby amended to the extent Amendment and in the manner mentioned in the fourth column thereof. of certain enactments. 4. The repeal by this Act of any enactment shall not affect any other enactment in Savings. which the repealed enactment has been applied, incorporated or referred to;2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force. THE FIRST SCHEDULE (See section 2) REPEALS Year No. Short title Extent of repeal 1 2 3 4 1863 16 The Excise (Spirits) Act, 1863 So much as is not repealed. 1871 23 The Pensions' Act, 1871 So much as is not repealed. 1874 4 The Foreign Recruiting Act, 1874 So much as is not repealed. 1875 18 The Indian Law Reports Act, 1875 So much as is not repealed. 1879 6 The Elephants Preservation Act, 1879 So much as is not repealed. 1890 13 The Excise (Malt Liquors) Act, 1890 The whole. 1898 3 The Lepers Act, 1898 The whole. 1902 4 The Indian Tramways Act, 1902 The whole. 1912 8 The Wild Birds and Animals Protection Act, 1912 So much as is not repealed. 1913 6 The MussalmanWakf Validating Act, 1913 The whole. 1916 7 The Indian Medical Degrees Act, 1916 The whole. 1919 1 The Local Authorities Pensions and The whole. Gratuities Act, 1919 1930 32 The MussalmanWakf Validating Act, 1930 The whole. 1933 2 The Children (Pledging of Labour) Act, 1933 The whole. 1936 18 The Red Cross Society (Allocation of The whole. Property) Act, 1936 1936 22 The Indian Companies (Amendment) Act, 1936 The whole. 1938 24 The Employers' Liability Act, 1938 The whole.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 1 2 3 4 1940 12 The Income-tax Law Amendment Act, 1940 So much as is not repealed. 1941 22 The Indian Merchant Shipping (Amendment) The whole. Act, 1941 1941 23 The Indian Income-tax (Amendment) Act, 1941 The whole. 1941 24 The Excess Profits Tax (Second Amendment) The whole. Act, 1941 1941 25 The Railways (Local Authorities' Taxation) The whole. Act, 1941 1947 44 The Income-tax and Business Profits Tax The whole. (Amendment) Act, 1947 1947 45 The Indian Trade Unions (Amendment) Act, 1947 The whole. 1948 38 The Continuance of Legal Proceedings Act, 1948 The whole. 1948 48 The Income-tax and Business Profits Tax The whole. (Amendment) Act, 1948 1948 58 The Exchange of Prisoners Act, 1948 The whole. 1948 60 The Resettlement of Displaced Persons (Land The whole. Acquisition) Act, 1948 1949 24 The Delhi Hotels (Control of Accommodation) The whole. Act, 1949 1949 53 The Indian Merchant Shipping (Amendment) The whole. Act, 1949 1949 59 The Merged States (Laws) Act, 1949 The whole. 1950 9 The Indian Tea Control (Amendment) Act, 1950 The whole. 1950 26 The Drugs (Control) Act, 1950 So much as is not repealed. 1950 52 The Essential Supplies (Temporary Powers) The whole. Amendment Act, 1950 1950 71 The Indian Income-tax (Amendment) Act, 1950 The whole. 1950 72 The Essential Supplies (Temporary Powers) The whole. Second Amendment Act, 1950 1951 42 The Indian Merchant Shipping (Amendment) The whole. Act, 1951 1951 59 The Delhi Premises (Requisition and Eviction) The whole. Amendment Act, 1951 1952 9 The Indian Independence Pakistan Courts So much as is not (Pending Proceedings) Act, 1952 repealed. 1952 49 The Indian Tea Control (Amendment) Act, 1952 The whole. 1952 54 The Central Tea Board (Amendment) Act, 1952 The whole. 1953 23 The Indian Merchant Shipping (Amendment) The whole. Act, 19534 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 1 2 3 4 1953 25 The Indian Income-tax (Amendment) Act, 1953 The whole. 1953 54 The Reserve Bank of India (Amendment and So much as is not Miscellaneous Provisions) Act, 1953 repealed. 1954 9 The Control of Shipping (Amendment) Act, 1954 The whole. 1954 13 The Press (Objectionable Matter) Amendment The whole. Act, 1954 1954 23 The State Acquisition of Lands for Union The whole. Purposes (Validation) Act, 1954 1954 33 The Indian Income-tax (Amendment) Act, 1954 The whole. 1954 41 The Taxation Laws (Extension to Jammu and The whole. Kashmir) Act, 1954 1954 53 The Prevention of Disqualification The whole. (Parliament and Part C States Legislatures) Second Amendment Act, 1954 1955 29 The Industrial Disputes (Appellate Tribunal) The whole. Amendment Act, 1955 1955 52 The Prevention of Disqualification The whole. (Parliament and Part C States Legislatures) Amendment Act, 1955 1956 10 The Control of Shipping (Continuance) Act, 1956 The whole. 1956 26 The Indian Income-tax (Amendment) Act, 1956 The whole. 1956 36 The Industrial Disputes (Amendment and So much as is not Miscellaneous Provisions) Act, 1956 repealed. 1956 45 The Newspaper (Price and Page) Act, 1956 The whole. 1956 52 The Government Premises (Eviction) Amendment The whole. Act, 1956 1956 63 The Scheduled Castes and Scheduled Tribes The whole. Orders (Amendment) Act, 1956 1956 95 The Banking Companies (Amendment) Act, 1956 So much as is not repealed. 1957 17 The Life Insurance Corporation (Amendment) So much as is not Act, 1957 repealed. 1957 47 The Indian Telegraph (Amendment) Act, 1957 The whole. 1957 53 The Indian Railways (Amendment) Act, 1957 So much as is not repealed. 1957 64 The Prevention of Disqualification (Amendment) The whole. Act, 1957 1958 9 The Control of Shipping (Continuance) Act, 1958 The whole. 1958 33 The Estate Duty (Amendment) Act, 1958 So much as is not repealed. 1958 35 The Manipur and Tripura (Repeal of Laws) The whole. Act, 1958SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 1 2 3 4 1958 54 The Prevention of Disqualification (Amendment) The whole. Act, 1958 1959 1 The Indian Income-tax (Amendment) Act, 1959 The whole. 1959 17 The Coal Grading Board (Repeal) Act, 1959 The whole. 1959 29 The Public Wakfs (Extension of Limitation) The whole. Act, 1959 1960 16 The Estate Duty (Amendment) Act, 1960 So much as is not repealed. 1960 18 The Indian Boilers (Amendment) Act, 1960 So much as is not repealed. 1960 28 The Taxation Laws (Amendment) Act, 1960 The whole. 1960 45 The Indian Museum (Amendment) Act, 1960 So much as is not repealed. 1960 54 The Railway Passenger Fares (Amendment) The whole. Act, 1960 1960 65 The Companies (Amendment) Act, 1960 So much as is not repealed. 1961 7 The Banking Companies (Amendment) Act, 1961 So much as is not repealed. 1961 36 The Newspaper (Price and Page) Continuance The whole. Act, 1961 1961 55 The Sugar (Regulation of Production) Act, 1961 The whole. 1962 17 The Air Corporations (Amendment) Act, 1962 So much as is not repealed. 1962 43 The Companies (Amendment) Act, 1962 The whole. 1962 56 The State-Associated Banks (Miscellaneous So much as is not Provisions) Act, 1962 repealed. 1962 59 The Personal Injuries (Emergency Provisions) The whole. Act, 1962 1963 21 The Compulsory Deposit Scheme Act, 1963 The whole. 1963 37 The Personal Injuries (Compensation Insurance) The whole. Act, 1963 1963 53 The Companies (Amendment) Act, 1963 The whole. 1964 32 The Companies (Amendment) Act, 1964 The whole. 1965 23 The Banking Laws (Application to Co-operative So much as is not Societies) Act, 1965 repealed. 1965 31 The Companies (Amendment) Act, 1965 The whole. 1966 21 The Merchant Shipping (Amendment) Act, 1966 So much as is not repealed. 1966 30 The Electricity (Supply) Amendment Act, 1966 So much as is not repealed.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 1 2 3 4 1966 37 The Companies (Second Amendment) Act, 1966 The whole. 1967 14 The Essential Commodities (Amendment) Act, 1967 So much as is not repealed. 1967 25 The Standards of Weights and Measures The whole. (Extension to Kohima and Mokokchung Districts) Act, 1967 1968 60 The State Agricultural Credit Corporations The whole. Act, 1968 1969 17 The Companies (Amendment) Act, 1969 So much as is not repealed. 1969 22 The Banking Companies (Acquisition and The whole. Transfer of Undertakings) Act, 1969 1969 23 The Coal Bearing Areas (Acquisition and So much as is not Development) Amendment Act, 1969 repealed. 1969 28 The Central Sales Tax (Amendment) Act, 1969 So much as is not repealed. 1969 37 The Delhi High Court (Amendment) Act, 1969 So much as is not repealed. 1969 38 The Wakf (Amendment) Act, 1969 So much as is not repealed. 1970 24 The Petroleum (Amendment) Act, 1970 So much as is not repealed. 1970 25 The Merchant Shipping (Amendment) Act, 1970 So much as is not repealed. 1970 51 The Central Labour Laws (Extension to Jammu The whole. and Kashmir) Act, 1970 1971 63 The Jayanti Shipping Company (Acquisition of The whole. Shares) Act, 1971 1971 64 The Coking Coal Mines (Emergency Provisions) The whole. Act, 1971 1972 58 The Indian Copper Corporation (Acquisition of So much as is not Undertaking) Act, 1972 repealed. 1972 72 The Sick Textile Undertakings (Taking Over of The whole. Management) Act, 1972 1973 15 The Coal Mines (Taking Over of Management) The whole. Act, 1973 1973 62 The Konkan Passenger Ships (Acquisition) The whole. Act, 1973 1974 4 The Esso (Acquisition of Undertakings in India) The whole. Act, 1974 1974 37 The Additional Emoluments (Compulsory Deposit) The whole. Act, 1974SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 1 2 3 4 1976 2 The Burmah Shell (Acquisition of Undertakings The whole. in India) Act, 1976 1976 97 The Burn Company and Indian Standard Wagon The whole. Company (Nationalisation) Act, 1976 1976 98 The Laxmirattan and Atherton West Cotton The whole. Mills (Taking Over of Management) Act, 1976 1976 106 The Untouchability (Offences) Amendment and So much as is not Miscellaneous Provision Act, 1976 repealed. 1977 17 The Caltex [Acquisition of Shares of Caltex Oil The whole. Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited] Act, 1977 1978 21 The Deposit Insurance Corporation (Amendment The whole. and Miscellaneous Provisions) Act, 1978 1979 28 The Kosangas Company (Acquisition of The whole. Undertaking) Act, 1979 1980 64 The Maruti Limited (Acquisition and Transfer of The whole. Undertakings) Act, 1980 1981 18 The Essential Commodities (Special Provisions) The whole. Act, 1981 1981 19 The Prevention of Blackmarketing and So much as is not Maintenance of Supplies of Essential Commodities repealed. (Amendment) Act, 1981 1981 41 The Burmah Oil Company [Acquisition of Shares The whole. of Oil India Limited and of the Undertakings in India of Assam Oil Company Limited and the Burmah Oil Company (India Trading) Limited] Act, 1981 1982 26 The Prevention of Cruelty to Animals So much as is not (Amendment) Act, 1982 repealed. 1982 31 The Estate Duty (Amendment) Act,1982 The whole. 1982 38 The Payment of Wages (Amendment) Act, 1982 The whole. 1982 50 The Amritsar Oil Works (Acquisition and The whole. Transfer of Undertakings) Act, 1982 1982 58 The Central Excise Laws (Amendment and The whole. Validation) Act, 1982 1982 68 The Drugs and Cosmetics (Amendment) Act, 1982 So much as is not repealed. 1983 29 The National Oilseeds and Vegetable Oils The whole. Development Board Act, 1983 1983 40 The Textile Undertakings (Taking Over of The whole. Management) Act, 1983 1983 44 The Indian Railways (Amendment) Act, 1983 So much as is not repealed. 1984 1 The Banking Laws (Amendment) Act, 1983 The whole.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 1 2 3 4 1984 16 The Ganesh Flour Mills Company Limited The whole. (Acquisition and Transfer of Undertakings) Act, 1984 1984 26 The Payment of Gratuity (Second Amendment) So much as is not Act, 1984 repealed. 1984 33 The Mogul Line Limited (Acquisition of Shares) The whole. Act, 1984 1984 34 The Essential Commodities (Amendment) The whole. Act, 1984 1984 38 The Delhi Development (Amendment) Act, 1984 The whole. 1984 45 The Employees' State Insurance (Amendment) So much as is not Act, 1984 repealed. 1984 53 The Estate Duty (Amendment) Act, 1984 The whole. 1984 54 The Levy Sugar Price Equalisation Fund So much as is not (Amendment) Act, 1984 repealed. 1984 59 The University Grants Commission (Amendment) So much as is not Act, 1984 repealed. 1984 63 The Dowry Prohibition (Amendment) Act, 1984 The whole. 1984 67 The Taxation Laws (Amendment) Act, 1984 The whole. 1985 3 The General Insurance Business (Nationalisation) So much as is not Amendment Act, 1985 repealed. 1985 83 The Futwah-Islampur Light Railway Line The whole. (Nationalisation) Act, 1985 1986 33 The Merchant Shipping (Amendment) Act, 1986 So much as is not repealed. 1986 66 The Shipping Development Fund Committee The whole. (Abolition) Act, 1986 1987 27 The National Security (Amendment) Act, 1987 The whole. 1987 43 The Constitution (Scheduled Tribes) Order The whole. (Amendment) Act, 1987 1989 3 The Direct Tax Laws (Amendment) Act, 1989 The whole. 1989 29 The Employees' State Insurance (Amendment) So much as is not Act, 1989 repealed. 1991 2 The Taxation Laws (Amendment) Act, 1991 The whole except section 6. 1991 34 The Consumer Protection (Amendment) Act, 1991 So much as is not repealed. 1991 44 The Wildlife (Protection) Amendment Act, 1991 So much as is not repealed. 1991 60 The Delhi High Court (Amendment) Act, 1991 So much as is not repealed. 1993 49 The Betwa River Board (Amendment) Act, 1993 So much as is not repealed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 1 2 3 4 1994 27 The Punjab Gram Panchayat, Samitis and Zilla The whole. Parishad (Chandigarh Repeal) Act, 1994 1999 2 The Cotton Ginning and Pressing Factories The whole. (Repeal) Act, 1998 1999 4 The Railway Claims Tribunal (Amendment) The whole. Act, 1998 1999 11 The Income-tax (Second Amendment) Act, 1998 The whole. 1999 17 The Patents (Amendment) Act, 1999 The whole. 1999 21 The Companies (Amendment) Act, 1999 The whole. 1999 28 The Income-tax (Amendment) Act, 1999 The whole. 1999 38 The Mines and Minerals (Regulation and The whole. Development) Amendment Act, 1999 2000 2 The Telecom Regulatory Authority of India The whole. (Amendment) Act, 2000 2000 19 The Cotton Textiles Cess (Repeal) Act, 2000 The whole. 2000 24 The Indian Companies (Foreign Interests) and The whole. the Companies (Temporary Restrictions on Dividends) Repeal Act, 2000 2000 25 The Cotton Cloth (Repeal) Act, 2000 The whole. 2000 26 The Iron and Steel (Amalgamation and Takeover The whole. Laws) Repeal Act, 2000 2000 27 The Motor Vehicles (Amendment) Act, 2000 The whole. 2000 31 The Army and Air Force (Disposal of Private The whole. Property) Amendment Act, 2000 2000 32 The Indian Power Alcohol (Repeal) Act, 2000 The whole. 2000 33 The All-India Institute of Medical Sciences The whole. (Amendment) Act, 2000 2000 36 The Cable Television Networks (Regulation) The whole. Amendment Act, 2000 2000 38 The Rehabilitation Council of India (Amendment) The whole. Act, 2000 2000 46 The Workmen's Compensation (Amendment) The whole. Act, 2000 2000 47 The Passport (Entry into India) Amendment The whole. Act, 2000 2000 51 The Aircraft (Amendment) Act, 2000 The whole. 2000 53 The Companies (Amendment) Act, 2000 The whole. 2001 1 The Taxation Laws (Amendment) Act, 2000 The whole except section 5. 2001 4 The Taxation Laws (Amendment) Act, 2001 The whole except section 8.10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 1 2 3 4 2001 11 The Insurance Laws (Transfer of Business and The whole. Emergency Provisions) Repeal Act, 2001 2001 17 The U.P. Sugarcane Cess (Validation) Repeal The whole. Act, 2001 2001 18 The Post-Graduate Institute of Medical The whole. Education and Research, Chandigarh (Amendment) Act, 2001 2001 20 The Banking Companies (Legal Practitioners' The whole. Clients' Accounts) Repeal Act, 2001 2001 21 The Electricity Regulatory Commissions The whole. (Amendment) Act, 2001 2001 28 The Live-stock Importation (Amendment) Act, 2001 The whole. 2001 31 The Trade Unions (Amendment) Act, 2001 The whole. 2001 32 The Pre-natal Diagnostic Techniques (Regulation The whole. and Prevention of Misuse) Amendment Act, 2001 2001 34 The Indian Medical Council (Amendment) Act, 2001 The whole. 2001 35 The Sugarcane Cess (Validation) Repeal Act, 2001 The whole. 2001 44 The Salaries and Allowances of Ministers The whole. (Amendment) Act, 2001 2001 55 The National Commission for Safai Karamcharis The whole. (Amendment) Act, 2001 2001 56 The Cine-workers Welfare Fund (Amendment) The whole. Act, 2001 2001 57 The Companies (Amendment) Act, 2001 The whole. 2002 13 The Jute Manufactures Cess (Amendment) The whole. Act, 2002 2002 17 The Passports (Amendment) Act, 2002 The whole. 2002 24 The All-India Institute of Medical Sciences The whole. (Amendment) Act, 2002 2002 25 The Constitution (Scheduled Castes) Order The whole. (Amendment) Act, 2002 2002 32 The Constitution (Scheduled Castes and The whole. Scheduled Tribes) Orders (Amendment) Act, 2002 2002 44 The Coast Guard (Amendment) Act, 2002 The whole. 2002 45 The National Co-operative Development The whole. Corporation (Amendment) Act, 2002 2002 50 The Petroleum (Berar Extension) Repeal Act, 2002 The whole. 2002 61 The Constitution (Scheduled Castes) Orders The whole. (Second Amendment) Act, 2002 2002 63 The Merchant Shipping (Amendment) Act, 2002 The whole. 2002 64 The Medical Termination of Pregnancy The whole. (Amendment) Act, 2002SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 1 2 3 4 2003 1 The Companies (Amendment) Act, 2002 The whole. 2003 14 The Pre-natal Diagnostic Techniques (Regulation The whole. and Prevention of Misuse) Amendment Act, 2002 2003 16 The Wildlife (Protection) (Amendment) Act, 2002 The whole. 2003 19 The Water (Prevention and Control of Pollution) The whole. Cess (Amendment) Act, 2003 2003 29 The Banking Service Commission (Repeal) Act, 2003 The whole. 2003 38 The Infant Milk Substitutes, Feeding Bottles and The whole. Infant Food (Regulation of Production, Supply and Distribution) Amendment Act, 2003 2003 43 The Airports Authority of India (Amendment) The whole. Act, 2003 2003 47 The Constitution (Scheduled Tribes) Order The whole. (Amendment) Act, 2003 2003 52 The Railway Protection Force (Amendment) The whole. Act, 2003 2003 54 The Taxation Laws (Amendment) Act, 2003 The whole. 2003 56 The Railways (Amendment) Act, 2003 The whole. 2003 57 The Electricity (Amendment) Act, 2003 The whole. 2004 5 The Indian Council of World Affairs (Amendment) The whole. Act, 2003 2004 8 The Indian Telegraph (Amendment) Act, 2003 The whole. 2004 25 The Customs and Central Excise Laws (Repeal) The whole. Act, 2004 2005 15 The Patents (Amendment) Act, 2005 The whole. 2005 23 The Navy (Amendment) Act, 2005 The whole. 2005 41 The Payment of Wages (Amendment) Act, 2005 The whole. 2005 47 The Railways (Amendment) Act, 2005 The whole. 2005 55 The Taxation Laws (Amendment) Act, 2005 The whole. 2006 7 The Cost and Works Accountants (Amendment) The whole. Act, 2006 2006 8 The Company Secretaries (Amendment) Act, 2006 The whole. 2006 9 The Chartered Accountants (Amendment) Act, 2006 The whole. 2006 23 The Companies (Amendment) Act, 2006 The whole. 2006 33 The Juvenile Justice (Care and Protection of The whole. Children) Amendment Act, 2006 2006 39 The Wildlife (Protection) Amendment Act, 2006 The whole. 2006 42 The Central Silk Board (Amendment) Act, 2006 The whole. 2006 48 The Constitution (Scheduled Tribes) Order The whole. Amendment Act, 200612 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 1 2 3 4 2006 57 The Indian Telegraph (Amendment) Act, 2006 The whole. 2007 4 The Commissions for Protection of Child Rights The whole. (Amendment) Act, 2006 2007 25 The Cable Television Networks (Regulation) The whole. Amendment Act, 2007 2007 26 The Electricity (Amendment) Act, 2007 The whole. 2007 31 The Constitution (Scheduled Castes) Order The whole. (Amendment) Act, 2007 2007 36 The Apprentices (Amendment) Act, 2007 The whole. 2007 38 The Cigarettes and Other Tobacco Products The whole. (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Act, 2007 2007 42 The All-India Institute of Medical Sciences and The whole. the Post-Graduate Institute of Medical Education and Research (Amendment) Act, 2007 2007 44 The Aircraft (Amendment) Act, 2007 The whole. 2007 45 The Payment of Bonus (Amendment) Act, 2007 The whole. 2007 49 The Indian Boilers (Amendment) Act, 2007 The whole. 2008 11 The Railways (Amendment) Act, 2008 The whole. 2008 12 The Prasar Bharati (Broadcasting Corporation of The whole. India) Amendment Act, 2008 2008 13 The Food Safety and Standards (Amendment) The whole. Act, 2008 2008 14 The Constitution (Scheduled Tribes) Order The whole. (Amendment) Act, 2008 2008 15 The Maternity Benefit (Amendment) Act, 2008 The whole. 2008 26 The Drugs and Cosmetics (Amendment) Act, 2008 The whole. 2009 2 The Constitution (Scheduled Tribes) (Union The whole. Territories) Order (Amendment) Act, 2008 2009 3 The Post-Graduate Institute of Medical Education The whole. and Research, Chandigarh (Amendment) Act, 2008 2009 10 The Information Technology (Amendment) The whole. Act, 2008 2009 28 The Carriage by Air (Amendment) Act, 2009 The whole. 2009 34 The Metro Railways (Amendment) Act, 2009 The whole. 2009 45 The Workmen's Compensation (Amendment) The whole. Act, 2009 2009 46 The National Rural Employment Guarantee The whole. (Amendment) Act, 2009 2009 47 The Payment of Gratuity (Amendment) Act, 2009 The whole.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 1 2 3 4 2010 2 The Salaries and Allowances of Ministers The whole. (Amendment) Act, 2009 2010 15 The Payment of Gratuity (Amendment) Act, 2010 The whole. 2010 17 The Plantations Labour (Amendment) Act, 2010 The whole. 2010 18 The Employees' State Insurance (Amendment) The whole. Act, 2010 2010 24 The Industrial Disputes (Amendment) Act, 2010 The whole. 2010 25 The Foreign Trade (Development and Regulation) The whole. Amendment Act, 2010 2010 26 The Securities and Insurance Laws (Amendment The whole. and Validation) Act, 2010 2010 28 The Energy Conservation (Amendment) Act, 2010 The whole. 2010 32 The Indian Medical Council (Amendment) Act, 2010 The whole. 2010 34 The Mines and Minerals (Development and The whole. Regulation) Amendment Act, 2010 2010 35 The Essential Commodities (Amendment) Act, 2010 The whole. 2011 10 The Jawaharlal Institute of Post-Graduate Medical The whole. Education and Research, Puducherry (Amendment) Act, 2011 2011 12 The Juvenile Justice (Care and Protection of The whole. Children) Amendment Act, 2011 2011 13 The Indian Medical Council (Amendment) Act, 2011 The whole. 2011 18 The National Council for Teacher Education The whole. (Amendment) Act, 2011 2011 21 The Cable Television Networks (Regulation) The whole. Amendment Act, 2011 2012 1 The Damodar Valley Corporation (Amendment) The whole. Act, 2011 2012 2 The Constitution (Scheduled Tribes) Order The whole. (Amendment) Act, 2011 2012 3 The Chartered Accountants (Amendment) Act, 2011 The whole. 2012 4 The Company Secretaries (Amendment) Act, 2011 The whole. 2012 6 The Prasar Bharati (Broadcasting Corporation of The whole. India) Amendment Act, 2011 2012 9 The Petroleum and Minerals Pipelines (Acquisition The whole. of Right of user in Land) Amendment Act, 2011 2012 10 The Cost and Works Accountants (Amendment) The whole. Act, 2011 2012 20 The Indian Medical Council (Amendment) Act, 2012 The whole. 2012 24 The Constitution (Scheduled Tribes) Order The whole. (Amendment) Act, 201214 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 1 2 3 4 2012 25 The Railway Property (Unlawful Possession) The whole. Amendment Act, 2012 2012 30 The Right of Children to Free and Compulsory The whole. Education (Amendment) Act, 2012 2012 37 The All-India Institute of Medical Sciences The whole. (Amendment) Act, 2012 2013 2 The Prevention of Money-laundering (Amendment) The whole. Act, 2012 2013 3 The Unlawful Activities (Prevention) (Amendment) The whole. Act, 2012 2013 13 The Criminal Law (Amendment) Act, 2013 The whole. 2013 19 The National Highways Authority of India The whole. (Amendment) Act, 2013 2013 22 The Securities and Exchange Board of India The whole. (Amendment) Act, 2013 2013 24 The Constitution (Scheduled Tribes) Order The whole. (Amendment) Act, 2013 2013 29 The Representation of the People (Amendment Sections 2 and 3. and Validation) Act, 2013 THE SECOND SCHEDULE (See section 3) AMENDMENTS Year No. Short title Amendments 2013 14 The Sexual Harassment of In sections 6, 7 and 24,— Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (i) for the words "Local Complaints Committee", wherever they occur, the words "Local Committee" shall be substituted; (ii) for the words "Internal Com- plaints Committee", wherever they occur, the words "Internal Committee" shall be substituted. 2014 8 The Governors (Emoluments, In section 2,— Allowances and Privileges) Amendment Act, 2014 (i) the words and figure "section 2 of" shall be omitted; (ii) after the brackets and words "(hereinafter referred to as the principal Act)", insert the words and figure "in section 2".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 STATEMENT OF OBJECTS AND REASONS The Central Government's resolve to bring reform in the legal system of the country, to make it more accessible to the common man and to imbibe the principles of rule of law, has, inter alia, began with the review of enactments which are obsolete, redundant and unnecessary. In fulfilment of this objective, the Central Government has undertaken a comprehensive review of laws and the legal system with a view to remove incoherent and redundant laws. 2. The primary initiative in this direction was taken to constitute a Committee to review the laws which are obsolete and redundant and can be repealed. A two member Committee was constituted for review of obsolete laws for repeal. The said Committee, based on various Reports of the Law Commission and P. C. Jain Commission, examined the Central Acts which are not relevant or no longer needed and which can be repealed either in whole or in part. 3. The two member Committee identified 1741 Central Acts out of existing 2781 Central Acts lying on the Statute-Book as on 15th October, 2014. The Acts identified for repeal by the said Committee are categorised as (i) 777 Central Acts identified for repeal wholly or in part; (ii) 83 Central Acts relating to State subjects to be repealed by State Legislatures; (iii) 624 Central Appropriation Acts enacted up to the year 2010; and (iv) 257 Appropriation Acts enacted by Parliament for the States under President's Rule to be repealed by such States. The Law Commission, in its 248th, 249th, 250th and 251st Reports on "Obsolete Laws: Warranting Immediate Repeal", inter alia, recommended for repeal of 289 Acts. 4. As a step forward towards this direction, the Central Government has undertaken the following initiatives towards achieving its objective to repeal obsolete and redundant laws. The following Acts, namely, (i) the Repealing and Amending Act, 2015 (17 of 2015) to repeal 35 Acts; (ii) the Repealing and Amending (Second) Act, 2015 (19 of 2015) to repeal 90 Acts have been enacted and (iii) the Appropriation Acts (Repeal) Bill, 2015 (to repeal 758 Appropriation Acts) as passed by the House of the People on 11th May, 2015 is pending in the Council of States. On remaining Acts, action for repeal is at different stages. 5. As part of the ongoing initiative of the Central Government, the present proposal is to repeal 295 obsolete and redundant laws lying unnecessarily on the Statute-Book. An appropriate saving clause has been incorporated in the Bill. On being enacted, it would reduce obsolete laws and bring in clarity to those for whose benefit the laws are enacted. 6. The Bill seeks to achieve the aforesaid objectives. NEW DELHI; D.V. SADANANDA GOWDA The 20th July, 2015.16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— ANNEXURE EXTRACTS FROM THE SEXUAL HARASSMENT OF WOMEN AT WORK PLACE PREVENTION, PROHIBITION AND REDRESSAL ACT, 2013 (14 OF 2013) * * * * * Constitution 6. (1) Every District Officer shall constitute in the district concerned, a committee to be and known as the "Local Complaints Committee" to receive complaints of sexual harassment jurisdiction of from establishments where the Internal Complaints Committee has not been constituted due Local to having less than ten workers or if the complaint is against the employer himself. Complaints Committee. (2) The District Officer shall designate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area, to receive complaints and forward the same to the concerned Local Complaints Committee within a period of seven days. (3) The jurisdiction of the Local Complaints Committee shall extend to the areas of the district where it is constituted. Composition 7. (1) The Local Complaints Committee shall consist of the following members to be tenure and nominated by the District Officer, namely:-— other terms and (a) a Chairperson to be nominated from amongst the eminent women in the field conditions of of social work and committed to the cause of women; Local (b) one Member to be nominated from amongst the women working in block, Complaints Committee. taluka or tehsil or ward or municipality in the district; (c) two Members, of whom at least one shall be a woman, to be nominated from amongst such non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment, which may be prescribed: Provided that at least one of the nominees should, preferably, have a background in law or legal knowledge: Provided further that at least one of the nominees shall be a woman belonging to the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes or minority community notified by the Central Government, from time to time; (d) the concerned officer dealing with the social welfare or women and child development in the district, shall be a member, ex officio. (2) The Chairperson and every Member of the Local Committee shall hold office for such period, not exceeding three years, from the date of their appointment as may be specified by the District Officer. (3) Where the Chairperson or any Member of the Local Complaints Committee— (a) contravenes the provisions of section 16; or (b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or (c) has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or (d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Chairperson or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17 (4) The Chairperson and Members of the Local Committee other than the Members nominated under clauses (b) and (d) of sub-section (1) shall be entitled to such fees or allowances for holding the proceedings of the Local Committee as may be prescribed. * * * * * 24. The appropriate Government may, subject to the availability of financial and other Appropriate resources,— Government to take (a) develop relevant information, education, communication and training measures to materials, and organise awareness programmes, to advance the understanding of the publicise the public of the provisions of this Act providing for protection against sexual harassment Act. of woman at workplace; (b) formulate orientation and training programmes for the members of the Local Complaints Committee. * * * * * ———— EXTRACT FROM THE GOVERNORS (EMOLUMENTS, ALLOWANCES AND PREVILEGES) AMENDMENT ACT, 2014 (8 OF 2014) * * * * * 3 of 1982. 2. In section 2 of the Governors (Emoluments, Allowances and Privileges) Act, 1982 Amendment (hereinafter referred to as the principal Act), for clause (a), the following clauses shall be of section 2. substituted, namely:— ‘(a) "ex-Governor" means a person who has been the Governor of a State or two or more States; (aa) "Governor" means the Governor, or any person discharging the functions of the Governor, of any State or of two or more States;’. * * * * *18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 186 OF 2015 A Bill further to amend the Negotiable Instruments Act, 1881. BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:— Short title 1. (1) This Act may be called the Negotiable Instruments (Amendment) Act, 2015. and (2) It shall be deemed to have come into force on the 15th day of June, 2015. commencement. Amendment 2. In the Negotiable Instruments Act, 1881 (hereinafter referred to as the principal 26 of 1881. of section 6. Act), in section 6,— (i) in Explanation I, for clause (a), the following clause shall be substituted, namely:— '(a) "a cheque in the electronic form" means a cheque drawn in electronic form by using any computer resource and signed in a secure system with digital signature (with or without biometrics signature) and asymmetric crypto system or with electronic signature, as the case may be;';SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19 (ii) after Explanation II, the following Explanation shall be inserted, namely:— 'Explanation III.—For the purposes of this section, the expressions "asymmetric crypto system", "computer resource", "digital signature", "electronic form" and "electronic signature" shall have the same meanings respectively 21 of 2000. assigned to them in the Information Technology Act, 2000.'. 3. In the principal Act, section 142 shall be numbered as sub-section (1) thereof and Amendment after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:— of section 142. "(2) The offence under section 138 shall be inquired into and tried only by a court within whose local jurisdiction,— (a) if the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated; or (b) if the cheque is presented for payment by the payee or holder in due course, otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situated. Explanation.— For the purposes of clause (a), where a cheque is delivered for collection at any branch of the bank of the payee or holder in due course, then, the cheque shall be deemed to have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account.". 4. In the principal Act, after section 142, the following section shall be inserted, Insertion of namely:— new section 142A. "142A. (1) Notwithstanding anything contained in the Code of Criminal Validation for 2 of 1974. Procedure, 1973 or any judgment, decree, order or direction of any court, all cases transfer of arising out of section 138 which were pending in any court, whether filed before it or pending cases. transferred to it, before the commencement of the Negotiable Instruments (Amendment) Act, 2015 shall be transferred to the court having jurisdiction under sub-section (2) of section 142 as if that sub-section had been in force at all material times. (2) Notwithstanding anything contained in sub-section (2) of section 142 or sub-section (1), where the payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque in the court having jurisdiction under sub-section (2) of section 142 or the case has been transferred to that court under sub-section (1) and such complaint is pending in that court, all subsequent complaints arising out of section 138 against the same drawer shall be filed before the same court irrespective of whether those cheques were delivered for collection or presented for payment within the territorial jurisdiction of that court. (3) If, on the date of the commencement of the Negotiable Instruments (Amendment) Act, 2015, more than one prosecution filed by the same payee or holder in due course, as the case may be, against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, the court shall transfer the case to the court having jurisdiction under sub-section (2) of section 142 before which the first case was filed and is pending, as if that sub-section had been in force at all material times.". Ord. 6 of 2015. 5. (1) The Negotiable Instruments (Amendment) Ordinance, 2015, is hereby repealed. Repeal and savings. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Negotiable Instruments Act, 1881 was enacted to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques. The Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 inserted in the Negotiable Instruments Act, 1881 (herein referred to as the said Act), a new Chapter XVII, comprising sections 138 to 142. Section 138 of the said Act provides for penalties in case of dishonour of cheques due to insufficiency of funds in the account of the drawer of the cheque. 2. As sections 138 to 142 of the said Act were found deficient in dealing with dishonour of cheques, the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, inter alia, amended sections 138, 141 and 142 and inserted new sections 143 to 147 in the said Act aimed at speedy disposal of cases relating to the offence of dishonour of cheques through their summary trial as well as making them compoundable. Punishment provided under section 138 too was enhanced from one year to two years. These legislative reforms are aimed at encouraging the usage of cheque and enhancing the credibility of the instrument so that the normal business transactions and settlement of liabilities could be ensured. 3. The Supreme Court, in its judgment dated 1st August, 2014, in the case of Dashrath Rupsingh Rathod versus State of Maharashtra and another (Criminal Appeal No. 2287 of 2009) held that the territorial jurisdiction for cases relating to offence of dishonour of cheques is restricted to the court within whose local jurisdiction such offence was committed, which in the present context is where the cheque is dishonoured by the bank on which it is drawn. The Supreme Court has directed that only in those cases where post the summoning and appearance of the alleged accused and the recording of evidence has commenced as envisaged in section 145(2) of the said Act, proceeding will continue at that place. All other complaints (including those where the accused/respondent has not been properly served) shall be returned to the complainant for filing in the proper court, in consonance with exposition of the law, as determined by the Supreme Court. 4. Pursuant to the judgment of the Supreme Court, representations have been made to the Central Government by various stakeholders, including industry associations and financial institutions, expressing concerns about the wide impact this judgment would have on the business interests as it will offer undue protection to defaulters at the expense of the aggrieved complainant; will give a complete go-by to the practice/concept of ‘Payable at Par cheques’ and would ignore the current realities of cheque clearing with the introduction of CTS (Cheque Truncation System) where cheque clearnace happens only through scanned image in electronic form and cheques are not physically required to be presented to the issuing branch (drawee bank branch) but are settled between the service branches of the drawee and payee banks; will give rise to multiplicity of cases covering several cheques drawn on bank(s) at different places and adhering to it is impracticable for a single window agency with customers spread all over India. 5. In view of above, the Negotiable Instruments (Amendment) Bill, 2015 proposing a principle for determination of the place of jurisdiction for cases relating to dishonour of cheque under section 138 of the Negotiable Instruments Act, 1881 was introduced in Lok Sabha on 6th May, 2015 and considered and passed by it on 13th May, 2015. However, the said Bill could not be taken-up for consideration in Rajya Sabha, since the House was adjourned sine die on 13th May, 2015. As Parliament was not in session and immediate action was required to be taken by the Central Government, an Ordinance, namely, the Negotiable Instruments (Amendment) Ordinance, 2015 was promulgated by the President on 15th June, 2015.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21 6. Now, it is proposed to introduce the Negotiable Instruments (Amendment) Bill, 2015, to replace the Negotiable Instruments (Amendment) Ordinance, 2015 (Ord. 6 of 2015). The Negotiable Instruments (Amendment) Bill, 2015, inter alia, provides for the following namely:— (i) cases relating to dishonour of cheques under section 138 of the said Act to be inquired and tried only by a court within whose local jurisdiction the branch of the bank, where the payee or the holder in due course maintains the account, is situated; (ii) cases under section 138 pending in any court before the commencement of the proposed legislation to be transferred to the court in accordance with the new scheme of jurisdiction for such cases as proposed under sub-section (2) of section 142; (iii) where a complaint has been filed against the drawer of a cheque in the court having jurisdiction under the new scheme of jurisdiction, all subsequent complaints arising out of section 138 of the said Act against the same drawer shall be filed before the same court, irrespective of whether those cheques were presented for payment within the territorial jurisdiction of that court; (iv) where, if more than one prosecution filed by the same payee or holder in due course against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, the court shall transfer the case to the court having jurisdiction as per the new scheme of jurisdiction proposed under sub-section (2) of section 142; and (v) amending Explanation I under section 6 of the said Act which relates to the meaning of expression “a cheque in the electronic form”, as the said meaning is found to be deficient because it presumes drawing of a physical cheque, which is not the objective in preparing “a cheque in the electronic form” and therefore, inserting a new Explanation III in the said section giving reference of the expressions contained in the Information Technology Act, 2000. 7. It is, therefore, proposed to provide for a place of jurisdiction, which is fair to both the parties (the complainant and the accused), so that a fair trial is ensured in cases filed for dishonour of cheques under section 138 of said Act, keeping in view the observations of the Supreme Court in the case of Dashrath Rupsingh Rathod. Further, the clarity on jurisdictional issue for trying the cases of dishonour of cheques would increase the credibility of the cheque as a financial instrument. This would help the trade and commerce in general and allow the lending institutions including banks to continue to extend financing without the apprehension of the loan default on account of dishonour of cheques. 8. The Bill seeks to achieve the above objects. NEW DELHI; ARUN JAITLEY The 15th July, 2015.[PART II—SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 22 ANNEXURE EXTRACT FROM THE NEGOTIABLE INSTRUMENTS ACT, 1881 (26 OF 1881) * * * * * "Cheque". 6. A "cheque" is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form. Explanation I.—For the purposes of this section, the expression— (a) "a cheque in the electronic form" means a cheque which contains the exact mirror image of a paper cheque, and is generated, written and signed in a secure system ensuring the minimum safety standards with the use of digital signature (with or without biometrics signature) and asymmetric crypto system; * * * * * Explanation II.—For the purposes of this section, the expression "clearing house" means the clearing house managed by the Reserve Bank of India or a clearing house recognised as such by the Reserve Bank of India. * * * * * ———— ANOOP MISHRA Secretary General. PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2015. GMGIPMRND—1817GI(S3)—04-08-2015.

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