JUDGMENT Ahmadi, J. - Special leave granted. 2. In this appeal by special leave two questions arise for our consideration, namely, (i) whether a Special Court constituted under section 12A of the Essential Commodities Act, 1955 (hereinafter called the Act) is empowered to exercise powers under sub-section (5) of section 167 of Code of Criminal Procedure, 1973 (the Code) for short in relation to an accused person forwarded to it under clause (b) of sub-section (1) of section 12AA of the Act? and (ii) whether a Special Court can, notwithstanding the fact that the charge-sheet has been filed after the expiry of the period of six months from the date of arrest of the accused person or the extended period, take cognizance of the offence and proceed to try and punish the accused person? These two questions arise in the backdrop of the following facts. 3. A police party headed by an Inspector of Police raided the business premise and godown of the respondents on March 16, 1984 and in the presence of respondent Falguni Dutta seized certain essential commodities stored in contravention of certain orders issued under section 3 read with section 5 of the Act. The accused Falguni Dutta was arrested on the same day for the commission of an offence punishable under section 7(1)(a)(ii) of the Act but the charge-sheet was submitted after the expiry of the period of six months from the date of arrest on September 30, 1986. The learned Judge presiding over the Special Court constituted under section 12A on the Act took cognizance of the offence on March 13, 1987 on the basis of the charge-sheet submitted under section 173 of the Code. Thereupon the accused persons moved an application before the learned Special Judge for quashing the proceedings on the ground that since the case was triable as a summons-case in view of section 12AA(l)(f) of the Act, clause (5) of section 167 of the Code was attracted which enjoined that the proceedings be dropped. The learned Special Judge relying on a decision of a learned Single Judge of the High Court in Kanta Dey v. The State of West Bengal1 rejected the application on July 24,1987 holding 1. (1986)Cal. Cri. The learned Special Judge relying on a decision of a learned Single Judge of the High Court in Kanta Dey v. The State of West Bengal1 rejected the application on July 24,1987 holding 1. (1986)Cal. Cri. Law Reporter 158, that the provision of section 167(5) of the Code had no application to a case initiated for the commission of an offence punishable under section 7(l)(a)(ii) of the Act. We may incidentally point out that the same view was expressed in Babulal Agarwal v. State2. Being aggrieved by the rejection of the application the accused preferred a Revision Application to the High Court challenging the legality of the said order. A learned Single Judge of the High Court placing reliance on a Division Bench decision of the High Court of Andhra Pradesh in the case of Public Prosecutor, High Court of Hyderabad & etc. v. Anjaneyulu and etc.3, held that sub-section (5) of section 167 of the Code stood attracted and the learned Special Judge ought to have stopped the further investigation on the expiry of six months and ought to have discharged the accused. He, therefore, set aside the order of the learned Special Judge and also quashed the prosecution and discharged the accused. It is against this order of the High Court that the present appeal is preferred. We may incidentally mention that when the learned Single Judge was disinclined to follow the earlier two decisions of other learned Single Judges of the High Court the proper course was to refer the matter to a Division Bench for decision. That, however, has now lost significance in view of the subsequent decision of the Division Bench in Jnan Prakash Agarwala v. State of West Bengal4 taking a contrary view. In the said case the Division Bench has taken the view, which the learned Single Judge has taken in the present case. We will deal with these decisions in some detail hereafter. 4. At the outset we deem it appropriate to notice the relevant provisions of the concerned statutes. The Act was enacted to provide, in the interest of the general public for the control of production, supply and distribution of, and trade and commerce in, certain commodities. We will deal with these decisions in some detail hereafter. 4. At the outset we deem it appropriate to notice the relevant provisions of the concerned statutes. The Act was enacted to provide, in the interest of the general public for the control of production, supply and distribution of, and trade and commerce in, certain commodities. Section 3, inter alia, lays down that if the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their 2. (1987)1 C.H.N. 218. equitable distribution and availability at fair prices, it may, by order, provide for regulating and prohibiting the production, supply and distribution thereof and trade and commerce therein. By section 4 it is provided that an order made under section 3, may, confer powers and impose dudes upon the Central Government or the State Government or officers and authorities of the Central Government or State Government, and may contain directions to any State Government or to officers and authorities, thereof as to the exercise of and such powers or the discharge of any such duties. The Central Government is empowered by sections to direct that the power to make orders or issue notifications under section 3, shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable, inter alia, by such State Government or such officer or authority subordinate to State Government, as may be specified in the direction. In exercise of the power so conferred certain orders were issued by the State Government in regard to certain essential commodities from time to time. Section 7 prescribes the penalties for the contravention of any order made under section 3. The relevant portion of section 7 with which we are concerned reads as under: "7(1) - If any person contravenes and order made under section 3, (a) he shall be punishable, (i) in the case of an order made with reference to clause (i) of sub-section (2) of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and (ii) in the case of any other order, with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine. In the present case the accused came to be charged under section 7(1)(a)(ii) of the Act. Having regard to the fact that the punishment prescribed for the said offence extends to seven years and fine, the case would fall within the definition of warrant-case under section 2(x) of the Code. This becomes evident if we read the definitions of summons-case and warrant-case together. They are as under: "2(w) - Summons-case means a case relating to an offence, and not being a warrant-case. 2(x) - Warrant-case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years." However, by Amending Act 18 of 1981 the Legislature, for dealing more effectively with, persons indulging in anti-social activities like hoarding and black-marketing and for combating the evil of inflationary prices, considered it necessary to make special provisions for a temporary period of five years (extended by another five years), namely, to provide: (i) for the control, in a summary way of all offences under the Act; and (ii) for the constitution, for the purposes of such trial, of Special Courts, consisting of a Single Judge. To achieve this objective section 12A was amended with a view to empowering the State Government for the purpose of providing speedy trial of the offences under the Act to constitute as many Special Courts as may be necessary for such area or areas to be specified in the notification. To achieve this objective section 12A was amended with a view to empowering the State Government for the purpose of providing speedy trial of the offences under the Act to constitute as many Special Courts as may be necessary for such area or areas to be specified in the notification. Section 12AA which too was inserted by the said Amending Act begins with a non-obstante clause and provides that all offences under the Act shall be triable only by the Special Court constituted for the area in which the offence was committed or where there are more Special Courts than one in such area by one of them as may be specified in this behalf of the High Court Clause (b) of subsection (1) of section 12AA next provides that where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code, such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding 15 days in the whole where such, Magistrate is a Judicial Magistrate and 7 days in the whole where such Magistrate is an Executive Magistrate unless his detention for such period is unnecessary. Clause (c) of that sub-section is relevant for our purpose and may be extracted: “(c)-The Special Court, may, subject to the provisions of clause (d) of this section, exercise, in relation to person forwarded to it under clause (b), the said power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code in relation to an accused person in such case who has been forwarded to him under this -section." Sub-clause (d) provides that no court other than the Special Court or the High Court shall release an accused on bail. Sub-clause (t) of this sub-section is also relevant and reads as under: "(f) All offences under this Act shall be tried in a summary way and the provisions of sections 262 to 265(both inclusive) of the Code shall, as far as may be, apply to such trial; Provided that iI1the case of any conviction in a summary trial under this section it shall be lawful for the Special Court to pass such sentence of imprisonment for a term not exceeding two years," It will thus be seen that while the penalty provided for an offence under section 7(1)(a)(ii) extends to seven years and fine, by virtue of clause (f) of sub-section (1) of section 12AA if the offence is tried in a summary way applying the provisions of sections.262 to 265 of the Code the penalty would be restricted by the proviso to a maximum of two years, which would, it is argued, bring the case within the meaning of a summons-case as defined in section 2(w) of the Code, thereby attracting sub-section (5) of section 167 of the Code. It would be advantageous to reproduce sub-section (5) of section 167 of the Code. It reads as under: "If in any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary." To complete reference to the provisions of the Act we may also state that section 10A posits that notwithstanding anything contained in the Code, every offence punishable under the Act shall be cognizable and non-bailable. Section 11 provides that cognizance of an offence under the Act, shall be taken only on a written report. Section 12AC makes the provisions of the Code applicable to proceedings before a Special Court unless otherwise provided. These, in brief, are the relevant provisions of the Act and the Code with wl1ich we are concerned. 5. It may here be mentioned that section 12A was first inserted by Amendment Act of 1964. Section 12AC makes the provisions of the Code applicable to proceedings before a Special Court unless otherwise provided. These, in brief, are the relevant provisions of the Act and the Code with wl1ich we are concerned. 5. It may here be mentioned that section 12A was first inserted by Amendment Act of 1964. It then empowered the Central Government to specify any order under section 3 to be a special order the contravention whereof may be tried summarily to which the provisions of sections 262 to 265 of the Code were made applicable. The proviso stipulated that in the case of conviction in a summary trial it should be lawful for the Magistrate to pass a sentence of imprisonment not exceeding one year. Subsequently by Amendment Act 18 of 1981, section 12A was substituted by the present provisions and new sections 12AA to 12AC were inserted. The avowed object of these legislative changes was expeditious disposal of offences under the Act by Special Courts employing summary procedure and applying the provisions of the Code to such trials save as otherwise provided. This enabled the Special Courts to take cognizance of the offences under the Act without a formal order of commitment. It thus becomes clear from the plan language of the provisions introduced by Act 18 of 1981 that the legislature desired to ensure that all offences under the Act were tried by the Special Court constituted under section 12A in a summary manner applying the provisions of sections 262 to 265 of the Code and further provided that in case of conviction the sentence shall not exceed two years, bringing the offence within the definition of summons-case under the Code. But for the insertion of section 12A in its present form and section 12AA, the offence under section 7(1)(a)(ii) of the Act would have attracted, the definition of a warrant case. It is, therefore, obvious that the Amending Act 18 of 1981 has brought about a substantial change. 6. The position in law as emerging after the amendment of the Act-by-Act 180f 1981 is crystal clear, namely; that on the constitution of Special Courts all offences under the Act are triable only by the Special Court for the area in which the offence has been committed. 6. The position in law as emerging after the amendment of the Act-by-Act 180f 1981 is crystal clear, namely; that on the constitution of Special Courts all offences under the Act are triable only by the Special Court for the area in which the offence has been committed. Section 12AA(1)(b) provides that where a person accused of an offence under the Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code, such Magistrate is empowered to authorise the detention of such person in such custody as he thinks fit for a period not exceeding 15 days in the whole where such Magistrate is a Judicial Magistrate and 7 days in the whole where he is an Executive Magistrate. Clause (c) of that sub-section provides that the Special Court may exercise in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code in relation to an accused person in such case who has been forwarded to him under that section. Section 12AC says that the provisions of the Code shall apply to proceedings before a Special Court save as otherwise provided in the Act. A conjoint reading of these provisions makes it clear that after the constitution of Special Courts all offences under the Act have to be tried by that court in a summary way by applying the provisions of sections 262 to 265 (both inclusive) of the Code. The proviso places a fetter on the power of the court in the matter of passing a sentence on conviction, namely, that notwithstanding the fact that section 7(l)(a)(ii) prescribes a punishment extending upto seven years and fine, Special Court shall not pass a sentence of imprisonment for a term exceeding two years. It is this proviso, which attracts the definition of a summons-case, the trial whereof, must be undertaken in accordance with the procedure outlined in Chapter xx of the Code. Chapter XXI of the Code deals with Summary Trials, section 262 of the Code, which outlines the procedure for summary trials in terms states that the procedure specified in the Code for the trial of summons-case, shall be followed except otherwise provided. Chapter XXI of the Code deals with Summary Trials, section 262 of the Code, which outlines the procedure for summary trials in terms states that the procedure specified in the Code for the trial of summons-case, shall be followed except otherwise provided. Section 167(5) says that if in any case triable as a summons-case the investigation is not concluded with a period of six months from the date on which the accused came to be arrested, the Magistrate shall make an order stopping further investigation into the offence unless the Magistrate, for special reasons and in the interests of justice considers it necessary to permit continuation of the investigation. The prosecution in question being a summons-case triable in a summary manner as per procedure outlined in sections 262 to 265 of the Code, which in turn attracts the procedure meant for summons-case, it is obvious that the power conferred by sub-section (5) of section 167 can be invoked by the Special Court by virtue of clause (c) of section 12AA(1) of the Act which in terms states that the Special Court may exercise the same powers which a Magistrate may exercise under section 167 of the Code. Thus a Special Court is expressly empowered by Clause (c) of section 12AA(1) to exercise the same powers which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code in relation to an accused person who has been for warded to him under that provision. We have, therefore, no manner of doubt that the High Court was right in concluding that section 167(5) of the Code was attracted in the present case and the Special Court was entitled to exercise the power conferred by that sub-section. That being so the view taken by the Division Bench of the Calcutta High Court in the case of jnan Prakash (supra) insofar as it relates to the application of section 167(5) to an offence under section 7(1)(a)(ii) of the Act triable by the Special Court constituted under section 12A of the Act cannot be doubted. That is also the view of the High Court of Andhra Pradesh in the case of Public Prosecutor, High Court of Hyderabad (supra). That is also the view of the High Court of Andhra Pradesh in the case of Public Prosecutor, High Court of Hyderabad (supra). Therefore, the Special Court can stop further investigation into the offence if the investigation is not concluded within a period of six months from the day of arrest of the accused person unless for special reasons and in the interest-of justice the continuation of the investigation beyond that period is necessary. In the present case the officer making the investigation had not sought the permission of the Special Coun to continue with the investigation even after the expiry of six months. The object of this sub-section clearly is to ensure prompt investigation into an offence triable as summons case to avoid hardship and harassment to the accused person. Both the High Courts of Calcutta and Andhra Pradesh have taken the view that after the amendment of the Act by Act 18 of 1981 and the introduction of section 12AA the power conferred on the Magistrate under section 167(5) of the Code is exercisable by the Special Court constituted under section 12A of the Act. We also concur with the High Court of Calcutta that the two decisions rendered by the learned Single Judges of that Court earlier in point of time did not lay down the correct law. Similarly the Division Bench of the High Court of Andhra Pradesh was also right in holding that sub-section (5) of section 167 of the Code would be applicable to prosecutions under the Act triable by the Special Court. 7. That takes us to the next question whether the Special Court can, besides directing stoppage of investigation, entertain and act on a charge-sheet or a police report submitted under section 173(2) of the Code in such cases. The expression, police report has been defined under the Code to mean a report forwarded by a police officer to a Magistrate under sub-section (2) of section 173 [section 2(r)]. Section 173 lays down that every investigation under Chapter XII shall be completed without unnecessary delay and as soon as it is completed, the officer-in-charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government. Section 173 lays down that every investigation under Chapter XII shall be completed without unnecessary delay and as soon as it is completed, the officer-in-charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government. It will thus be seen that the police report under section 173(2) has to be submitted as soon as the investigation is completed. Now, if the, investigation has been stopped on the expiry bf six months of the extended period, if any, by the Magistrate in exercise of power conferred by subsection (5) of section 167 of the Code, the investigation comes to an end and, therefore, on the completion of the investigation section 173(2) enjoins upon the officer-in-charge of the police station to forward a report in the prescribed form. There is nothing in sub-section 167 to suggest that if the investigation has not been completed within the period allowed by that sub-section, the officer, in-charge of the police station will be absolved from the responsibility of filing the police report under section 173(2) of the Code on the stoppage of the investigation. The High Court of Andhra Pradesh rightly observed in paragraph 13 of the Judgment as under: "Under the new Code in addition to definition for investigation in section 2(h), a separate definition for police report is given by section 2(r). This coupled with the newly introduced sub-section (5) of section 167 brings out the distinction between investigation by the police and the police and the police report on which a court is to take cognizance. The report cannot now be said to be an integral part of investigation. The introduction of section 167(5) in the Code, cannot have the effect of invalidating the investigation done within the period of six months or enabling the court to stopping the filing of police report under section 173(2). If the investigation done during the period of six months discloses an offence, a police report may be founded on it and the court can take cognizance of the same." In Hussainara Khantoon & Ors. v. Home Secretary, State of Bihar, Patna5 this Court held that the investigation done within the period of six months is not rendered invalid merely because the investigation is not completed and further investigation is stopped. v. Home Secretary, State of Bihar, Patna5 this Court held that the investigation done within the period of six months is not rendered invalid merely because the investigation is not completed and further investigation is stopped. The exact words used are: "in such a case the Magistrate is bound to make an order stopping further investigation and in that event, only two courses would be open either the police must immediately proceed to file a charge-sheet, if the investigation conducted till then warrants such a course, or if no case for proceeding against the under trial prisoner is disclosed by the investigation, the under trial must be released forthwith from detention." We, therefore, concur with the view taken by the Andhra Pradesh High Court in this regard. 8. In the result we partly allow this appeal. While we agree with the view taken by the High Court of Calcutta that in the case of an offence punishable under section 7(1)(a)(ii) of the Act which is tried by a S pedal Court constituted under section 12A, the provision of sub-section (5) of section 167 of the Code gets attracted if the investigation has not been completed within the period allowed by that sub-section but we find it difficult to sustain that part of the order of the High Court by which the order of the Special Court taking cognizance of the offence on the police report, le, charge-sheet submitted under section 173(2) of the Code came to be quashed. We set aside that latter part of the order and hold that Special Court was competent to entertain the police report restricted to six months investigation and take cognizance on the basis, thereof. We, therefore, direct that the Special Court will proceed with the trial from that stage onwards and complete the same as early as possible in accordance with law. Appeal allowed partly. 1. (1986) Cal. Cr. Law Reporter 158 2. (1987) C.H.N. 218 3. (1986) Crl. Law Journal 1456. 4. (1992)1 C.H.N. 213. 5. 1979(3) S.C.R. 760 . STATUTES The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Bill, 1993 Bill No. 45 of 19931[1] Bill to provide for the prohibition of employment of manual scavengers as well as construction or continuance of dry latrines and for the regulation of construction and maintenance of water seal latrines and for matters connected there with or incidental thereto. STATUTES The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Bill, 1993 Bill No. 45 of 19931[1] Bill to provide for the prohibition of employment of manual scavengers as well as construction or continuance of dry latrines and for the regulation of construction and maintenance of water seal latrines and for matters connected there with or incidental thereto. Whereas fraternity assuring the dignity of the individual has been enshrined in the Preamble to the Constitution: And whereas article 47 of the Constitution, inter alia, provides that the State shall regard raising the standard of living of its people and the improvement of public health as among its primary duties; And whereas the dehumanising practice of manual scavenging of human excreta still continues in many parts of the country; And whereas the municipal laws by themselves as a measure for conversion of dry latrines into water-seal latrines and prevention of construction of dry latrines are not stringent enough to eliminate this practice; And whereas it is necessary to enact a uniform legislation for the whole of India for abolishing manual scavenging by declaring employment of manual scavengers for removal of human excreta an offence and thereby ban the further proliferation of dry latrines in the country: And whereas is desirable for eliminating the dehumanising practice of employment of manual scavengers and for protecting and improving the human environment to make it obligatory to convert dry latrines into water-seal latrines or to construct water-seal latrines in new constructions. And whereas Parliament has no power to make laws for the States with respect to the matters aforesaid, except as provided in articles 249 and 250 of the Constitution; And whereas in pursuance of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses of the legislatures of the States of Goa, Karnataka, Maharashtra, Tripura and West Bengal that the matters aforesaid should be regulated in those States by Parliament by law; Be it enacted by Parliament in the Forty fourth Year of the Republic of India as followed: Chapter I Preliminary 1. Short title, application and commencement."; (1) This Act may be called the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (2) It applies in the first instance to the whole of the States of Goa, Karnataka, Maharashtra, Tripura and West Bengal and to all the Union territories and it shall also apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution. (3) It shall come into force in the States of Goa, Karnataka, Maharashtra, Tripura and West Bengal and in the Union territories on such date as the Central Government may, by notification, appoint and in any other State which adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption. 2. (3) It shall come into force in the States of Goa, Karnataka, Maharashtra, Tripura and West Bengal and in the Union territories on such date as the Central Government may, by notification, appoint and in any other State which adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption. 2. Definitions - In this Act, unless the context otherwise requires, (a) "area", in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification; (b) "building" means a house, out-house stable., latrine, urinal, sheet house, hut, wall (other than a boundary wall) or any other structure whether made of masonry, bricks, wood, mud, metal or other material; (c) "dry latrine" means a latrine other than a water-seal latrine; (d) "environment" includes water, air and land and the inter, relationship which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property; (e) "environmental pollutant” means any solid, liquid or gaseous substance present ill such concentration as may be, or fend to be; injurious to environment; (f) "environmental pollution" means the presence in the environment of any environmental pollutant; (g) "Executive Authority" means an Executive Authority, appointed under sub-section (1) of section 5; (h) "HUDCO" means the Housing and Urban Development Corporation Limited, a Government company registered by that name under the Companies Act, 1956; (1 of 1956) (i) "latrine" means a place set apart for defecation together with the structure comprising such place, the receptacle therein for collection of human excreta and the fittings and apparatus, if any, connected therewith; (j) "manual scavenger" means a person engaged or employed for manually carrying human excreta and the expression "manual scavenging" shall be construed accordingly: (k) "notification" means a notification published in the Official Gazette; (l) "prescribed" means prescribed by roles made under this Act; (m) "State Government", in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution; (n) "water-seal latrine" means -a pour-flush latrine, water flush latrine or a sanitary latrine with a minimum water-seal of 20 millimeters diameter in which human excreta is pushed in or flushed by water. Chapter II Prohibition of Employment of Manual Scavengers, etc. 3. Chapter II Prohibition of Employment of Manual Scavengers, etc. 3. Prohibition of employment of manual scavengers, etc.-(1) Subject to sub-section (2) and the other provisions of this Act, with effect from such date and in such area as the State Government may, by notification, specify in this behalf, no person shall - (a) engaged or employ or permit to be engaged or employed any other person for manually carrying human excreta; or (b) construct or maintain a dry latrine. (2) The State Government shall not issue a notification under sub-section (1) unless (i) it has, notification, given not less than ninety days, notice of Its intention to do so; (ii) adequate facilities for the use of water seal latrines in that area exist; and (iii) it is necessary or expedient to do so for the protection and improvement of the environment or public health in that area. 4. Power exempt. -The State Government may, by a general or special order published in the Official Gazette, and upon such conditions, if any, as it may think fit to impose, exempt any area, category of buildings or class of persons from any provisions of this Act or from any specified requirement contained in this Actor any role, order, notification or scheme made thereunder or dispense with the observance of any such requirement in a class or classes of cases, if it is satisfied that compliance with such provisions or such requirement is or ought to be exempted or dispensed with in the circumstances of the case. Chapter III Implementing Authorities and Schemes 5. Appointment of Executive Authorities and their powers and functions. -(1) The State Government may by order published in the Official Gazette, appoint a District Magistrate or a Sub-Divisional Magistrate, as an Executive Authority to exercise jurisdiction within such area as may be specified in the order and confer such powers and impose such duties on him, as may be necessary to ensure that the provisions of this Act are properly carried out and the Executive Authority may specify the officer or officers, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer or officers so specified. (2) The Executive Authority appointed under sub-section (1) and the officer or officers specified under that sub-section shall, as far as practicable, try to rehabilitate and promote the welfare of the persons who were engaged or employed as manual scavengers in any area in respect of which a notification under sub-section (1) of section 3 has been issued by securing and protecting their economic interests. 6. Power of State Government to make schemes.-(1) The State Government may, by notification, make one or more schemes for regulating conversion of dry latrines into, or construction and maintenance of, water-sear latrines, rehabilitation of the persons who were engaged or employed as manual scavengers in any area in respect of which a notification under sub-section (1) of section 3 has been issued in gainful employment and administration of such schemes and different schemes may be made in relation to different areas and for different purposes of this Act Provided that no such scheme as involving financial assistance from the HUDCO shall be made without consulting it. (2) In particular, and without prejudice to the generality of the foregoing power; such schemes may provide for all or any of the following matters, namely: (a) time-bound phased programme for the conversion of dry latrines into water-seal latrines; (b) provision of technical or financial assistance for new or alternate low cost sanitation to local bodies or other agencies; (c) construction and maintenance of community latrines and regulation of their use on pay and use basis; (d) construction and maintenance of shared latrines in slum areas or for the benefit of socially and economically backward classes of citizens; (e) registration of manual scavengers and their rehabilitation; (f) specification and standards of water-seal. latrines; (g) procedure for conversion of dry latrines into water-seal latrines; (h) licensing for collection of fees in respect of community latrines or shared latrines. 7. Power of State Government to issue directions. -Notwithstanding anything contained in any other law but subject to the other provisions of this Act, the State Government may in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person; officer or local or other authority and such person, officer or a local or other authority shall be bound to comply with such directions. 8. 8. Executive Authorities, inspectors, officers and other employees of such authorities to be public servants.-All Executive Authorities, all officers and other employees of such authorities including the officers authorised under sub section (1) of section 5, all inspectors appointed under sub-section (1) of section 9 and all officers and other employees authorised to execute a scheme or order made under this Act, when acting or purporting to act in pursuance of any provisions of this Act or the rules or schemes made or orders or directions issued thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. (45 of 1860) 9. Appointment of inspectors and their powers-of entry and inspection. - (1) The State Government may, by notification, appoint such persons as it may think fit to be inspectors for the purposes of this Act, and define the local limits within which they shall exercise their powers, under this Act. (2) Every inspector within the local limits of jurisdiction of an Executive Authority shall be subordinate to such authority. (3) Subject to any rules made in this behalf by the State Government, an inspector may, within the local limits of his jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary, any place for the purpose of (a) performing any of the functions of the Executive Authority entrusted to him; (b) determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules, orders or schemes made thereunder or any notice, direction, or authorisation served, made, given or granted under this Act is being or has been complied with; (c) for the purpose of examining and testing any latrine or for conducting an inspection of any building in which he has reason to believe that an offence under this Act or the rules, orders or schemes made thereunder has been or is being or is about to be committed and to prevent or mitigate environmental pollution.. 10. Power of Executive Authority to prevent environmental pollution certain cases. 10. Power of Executive Authority to prevent environmental pollution certain cases. (1) On receipt of information with respect to the fact or apprehension of any occurrence of contravention of the provisions of section 3, whether through intimation by some person or on a report of the inspector on otherwise, the Executive Authority shall, as early as practicable, besides taking any other action under this Act, direct the owner or occupier of the premises to take such remedial measures, as may be necessary, within such reasonable time as may be specified therein and in case the owner or occupier, as the case may be, fails to comply with such directions, cause such remedial measures to be taken as are necessary to prevent or mitigate the environmental pollution at the cost of such owner or occupier of the premises. (2) The expenses, if any, incurred, by the Executive Authority with respect to the remedial measures referred to in sub-section (1), together with interest at such rate as the State Government may specify from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand. 11. Duty of HUDCO to extend financial assistance in certain cases. - (1) Not wit h standing anything contained in its Memorandum of Association or Articles of Association or schemes for the grant of loans for housing and urban development, it shall be the duty of HUDCO to extend, in suitable cases, financial assistance for the implementation of such schemes for the construction of water-seal latrines as may be made under section 6. (2) The financial assistance referred to in sub-section (1) may be extended by HUDCO on such terms and conditions (including on easy and concessional rates of interest) and in such manner as it may think fit in each case or class of cases. 12. Power levy fee. (2) The financial assistance referred to in sub-section (1) may be extended by HUDCO on such terms and conditions (including on easy and concessional rates of interest) and in such manner as it may think fit in each case or class of cases. 12. Power levy fee. - Any order or scheme which the State Government is empowered to make under this Act may, notwithstanding the absence of any express provision to that effect, provide for levy of fees in respect of- (a) community latrines constructed under a scheme on pay and use basis; or (b) shared latrines constructed under a scheme; or (c) supply of copies of documents or orders or extracts thereof; or (d) licensing of contractors for construction of water-seal latrines; or (e) any other purpose or matter involving rendering of service by any officer, committee or authority under this Act or any rule, direction, order or scheme made thereunder: Provided that the State Government may, if it considers necessary so to do, in the public interest, by general or special order published in the Offidal Gazette, grant exemption on such grounds as it deems fit from the payment of any such fee either in part or in full. 13. Constitution of committees. - (1) The Central Government may, by notification, constitute (a) one or more Project Committees for appraising of the schemes for the construction of water-seal latrines in the country; (b) one or more Monitoring Committees to monitor the progress of such schemes; (c) such other committees for such purposes of the Act and with such names as the Central Government may deem fit (2) The composition of the committees constituted by the Central Government the powers and functions thereof, the terms and conditions of appointment of the members of such committees and other matters connected therewith shall be such as the Central Government may prescribe. (3) The members of the committees shall be paid such fees and allowances for attending the meetings as may be prescribed. (3) The members of the committees shall be paid such fees and allowances for attending the meetings as may be prescribed. (4) The State Government may, by notification, constitute (a) one or more State Co-ordination Committees for co-ordinating and monitoring of the programmes for the construction of water-seal latrines in the State and rehabilitation of the persons who were engaged or employed as manual scavengers in any area in respect of which a notification under sub-section (1) of section 3 has been issued; (b) such other committees for such purpose of the Act and with such names as the State Government may deem fit. (5) The composition of the committees constituted by the State Government, the powers and, functions thereof, the terms and conditions of the, members of such committees and other matters connected therewith shall be such as the State Government may prescribe. (6) The members of the committees shall be paid such fees and allowances for attending the meetings as may be prescribed. Chapter IV Penalties and Procedure 14. Penalty for contravention of the provisions of the Act and rules, orders, directions and schemes. - Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules or schemes made or orders or directions issued thereunder, shall, in respect of each such failure or contravention be punishable with imprisonment for a term which may extend to one year or with from, which may extend to two thousand rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to one hundred rupees for every day during which such failure or contravention continues after the conviction for the fast such failure or contravention. 15. Offences by companies. -(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, managing agent or such other officer of the company, such director, manager, managing agent or such other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this section, (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm. 16. Offences to be cognizable. Provision in relation to jurisdiction. - Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974) every offence under this Act shall be cognizable. 17. (1) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act. (2) No prosecution for any offence under this Act shall be instituted except by or with the previous sanction of the Executive Authority. (3) No court shall take cognizance of any offence under this Act except upon a complaint made by a person generally or specially authorised in this behalf by the Executive Authority. 18. Limitation of prosecution. - No court shall take cognizance of an offence punishable, under this Act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of the complainant. Chapter V Miscellaneous 19. Information reports or returns. - The Central Government may, in relation to its functions under this Act, from time to time, require any person, officer. State Government or other authority to furnish to it, any prescribed authority or officer any reports, returns, statistics, accounts and other information as may be deemed necessary and such persons, officer, State Government or other authority, as the case may be, shall be bound to do so 20. Protection of action taken in good faith. State Government or other authority to furnish to it, any prescribed authority or officer any reports, returns, statistics, accounts and other information as may be deemed necessary and such persons, officer, State Government or other authority, as the case may be, shall be bound to do so 20. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or executing any scheme made under this Act or any member, officer or other employee of such authority or authorities in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules or schemes made, or the orders or directions issued, thereunder. 21. Effect of other laws and agreements inconsistent with the Act.- (1) Subject to the provisions of sub-section (2), the provisions of this Act, the rules, schemes or orders made there under shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act, custom, tradition, contract, agreement or other instrument. (2) If any act or omission, constitutes an offence punishable under this Act and also under any other Act, then, the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act. 22. Power of Central Government to make rules. - (1) The Central Government may, by notification, make rules to carry out the provisions of this Act, (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following maters, namely: (i) the composition of the Project Committees, Monitoring Committees and other committees constituted by the Cerebral. Government under sub-section (1) of section 13, the powers and functions thereof, the number of members and their terms and conditions of appointment and other matters connected therewith; (ii) the fees and allowances to be paid to the members of the committees constituted under subsection (1) of section 13. (3) Every rule made by the Central Government under this Act shall be laid. (3) Every rule made by the Central Government under this Act shall be laid. as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive session, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 23. Power of State Government to make rules. - (1) The State Government may, by notification, make rules, not being a matter for which the rules are or required to be made by the Central Government, for carrying out the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (i) the composition of the State Co-ordination Committees and other committees constituted by the State Government under sub-section (4) of section 13, the powers and functions thereof, the number of members and their terms and conditions of appointment and other matters connected therewith; (ii) the fees and allowances to be paid to the members of the committees constituted under sub section (4) of section 13; (iii) any other matter which is required to be, or may be, prescribed. (3) Every rule and scheme made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature. 24. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made in relation to a State after the expiration of three years from the commencement of this Act in that State. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of parliament. THE ARMY (AMENDMENT) BILL, 1992 (Act No. 37 of 1992) [6th September, 1992] An act further to amend the Army Act, 1950. Be if enacted by Parliament in the forty-third Year of the Republic of India as follows: 1. Short title. - This Act may be called the Army (Amendment) Act, 1992. 2. Omission of sections 75 and 76. - In the Army Act, 1950 (46 of 1950) (here in after referred to as the principal Act) sections 75 and 76 shall be omitted. 3. Amendment of section 77. - In section 77 of the principal Act, the words, "field punishment" shall be omitted. 4. Amendment of section 80. - In section 80 of the principal Act, clause (j) shall be omitted. 5. Amendment of section 81 - In section 81 of the principal Act, - (i) Sub-section (1) shall be omitted; (ii) in sub-section (4), for the brackets, letters and word "(a), (b), (c) and (j)", the brackets, letters and word "(a), (b) and (c)" shall be substituted. 6. Amendment of section 85. - In section 85 of the principal Act, for the portion beginning with the words "and award the punishment" and ending with the words "of which he is convicted is made good", the following shall be substituted, namely:- "and award one or more of the following punishments, that is to say, (i) severe reprimand or reprimand; (ii) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good: Provided that the punishment specified in clause (i) shall not be awarded if the commanding officer or such other officer is below the rank of Colonel". 7. Amendment of section 90. - In section 90 of the principal Act. (i) in clause (e), the words and figures "or an officer exercising authority under Section 85" shall be omitted; (ii) in clause (i), after the words "Central Government", the words "or any prescribed officer" shall be inserted. 8. Amendment of section 91. - In section 91 of the principal Act, - (i) in clause (a), the words, "or of field punishment awarded by a court-martial or such officer" shall be omitted; (ii) in clause (b), the words "or field punishment" shall be omitted. 8. Amendment of section 91. - In section 91 of the principal Act, - (i) in clause (a), the words, "or of field punishment awarded by a court-martial or such officer" shall be omitted; (ii) in clause (b), the words "or field punishment" shall be omitted. 9. Amendment of section 122. - In section 122 of the principal Act, in sub-section (I), for the words "from the date of such offence", the following shall be substituted, namely: "and such period shall commence, (a) on the date of the offence; or (b) where the commission of the offence was not known to the person aggrieved by the offence or to the authority competent to initiate action, the first day on which such offence comes to the knowledge of such person or authority, whichever is earlier; or (c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the authority competent to initiate action, whichever is earlier". 10. Amendment of section 123. - In section 123 of the principal Act, in sub-section (2), for the words "within six months after he had ceased to be subject to this Act, the following shall be substituted, namely: "within a period of three years after he had ceased to be subject to this Act; and in computing such period, the time during which such person has avoided arrest by absconding or concealing himself or where the institution of the proceeding in respect of the offence has been stayed by an injunction or order, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded". 11. Omission of section 127. - Section 127 of the principal Act shall be omitted. 12. Amendment of section 135. - In section 135 of the principal Act, in sub-section (I), after the word "court-martial" "the words "or courts of inquiry" shall be inserted. 13. Amendment of section 137. 11. Omission of section 127. - Section 127 of the principal Act shall be omitted. 12. Amendment of section 135. - In section 135 of the principal Act, in sub-section (I), after the word "court-martial" "the words "or courts of inquiry" shall be inserted. 13. Amendment of section 137. - In section 137 of the principal Act, (a) in sub-section (3), for the words and figures "Code of Criminal Procedure, 1898" (5 of 1898), the words and figures "Code of Criminal Procedure, 1973" (2 of 1974) shall be substituted; (b) in sub-section (4), for the words and figures "Chapter XL of the Code of Criminal Procedure, 1898" (5 of 1898), the words and figures "Chapter XXII of the Code of Criminal Procedure, 1973" (2 of 1974) shall be substituted. 14. Amendment of sections 139, 151 and 174. - In sections 139, 151 and 174 of the principal Act, for the words and figures "Code of Criminal Procedure, 1898" (5 of 1898) wherever they occur, the words and figures "Code of Criminal Procedure 1973" (2 of 1974) shall be substituted. 15. Amendment of section 142. - In section 142 of the principal Act, in sub-section (7), after the words "Assistant Chemical Examiner to Government", the words "or any of the Government scientific experts namely, the Chief Inspector of the Explosives, the Director of Finger Print Bureau, the Director. Haffkeine Institute, Bombay, the Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory and the Serologist to the Government" shall be inserted. 16. Amendment of section 152. - In section 152 of the principal Act, for the words and figures "sections 480 and 482 of the Code of Criminal Procedure, 1898" (5 of 1898), the words and figures "sections 345 and 346 of the Code of. Criminal Procedure, 1973" (2 of 1974) shall be substituted. 17. Insertion of new section 169A. - After section 169 of the principal Act, the following section shall be inserted, namely: "169A. Period of custody under-gone by the officer of person to be set off against the imprisonment. Criminal Procedure, 1973" (2 of 1974) shall be substituted. 17. Insertion of new section 169A. - After section 169 of the principal Act, the following section shall be inserted, namely: "169A. Period of custody under-gone by the officer of person to be set off against the imprisonment. - When a person or officer subject to this Act is sentenced by a court-martial to a term of imprisonment, not being an imprisonment in default of payment of fine, the period spent by him in civil or military custody during investigation, inquiry or trial of the same case, and before the date of order of such sentence, shall be set off against the term of imprisonment imposed upon him, and the liability of such person or officer to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of the term of imprisonment imposed upon him.” 18. Amendment of section 191. - In section 191 of the principal Act. in sub-section (2), clause (c) shall be omitted. 19. Omission of Chapter XVI. - Chapter XVI of the principal Act and the heading relating thereto shall be omitted. THE PASSPORT (AMENDMENT) ACT, 1993 (Act No. 35 of 1993) An Act further to amend the Passports Act, 1967. Be it enacted by Parliament in the Forty fourth Year of the Republic of India as follows: 1. Short title and commencement - (1) This Act may be called the Passports (Amendment) Act, 1993. (2) It shall come into force on such date as the Central Government may, be notification in the Official Gazette, appoint. 2. Amendment of section 5. - In Section 5 of the Passports Act, 1967 15 of 1967 (here in after referred to as the principal Act), in sub-section (1) for the words "a fee of rupees fifty", the following words shall be substituted, namely: "Such fee as may be prescribed to meet the expenses incurred on special security paper, printing, lamination and other connected miscellaneous services in issuing passports and other travel documents. 3. Substitution of new section for section 8. - For section 8 of the principal Act, the following section shall be substituted, namely:- "8. Extension Of period of Passport. 3. Substitution of new section for section 8. - For section 8 of the principal Act, the following section shall be substituted, namely:- "8. Extension Of period of Passport. Where a passport is issued for a shorter period than the prescribed period under section 7, such shorter period shall, unless the passport authority for reasons to be recorded in writing otherwise determines, be extendable for a further period (which together with the shorter period shall not exceed the prescribed period) and the provisions of this Act shall apply to such Extension as they apply to the issue hereof." 4. Amendment of section 10. - In section 10 of the principal Act, in sub-section (3), after clause (b), the following proviso shall be inserted, namely: "Provided that if the holder of such passport obtains -another passport, the passport authority shall also impound or cause to be impounded or revoke such other passport." 5. Amendment of section 11. - In section 11 of the principal Act, in sub-section (4), for the words and brackets "by such fee (if any) not exceeding rupees twenty-five as may be prescribed". The words "by such fee as may be prescribed for meeting the expenses that may be incurred in calling for relevant records and for connected services" shall be substituted. 6. Amendment of section 12. - In section 12 of the principal Act. (a) in sub-section (1), for the words "six months or with fine which may extend to two thousand rupees", the words "two years or with fine which may extend to five thousand rupees" shall be substituted: (b) after sub-section (1), the following sub section shall be inserted, namely: "(1A) Whoever, not being a citizen of India, (a) makes an application for a passport or obtains a passport by suppressing information about his nationality, or (b) holds a forged passport or any travel document shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees." (c) in sub-section (2), for the word, brackets and figure "sub-section (1)", the words, brackets, figures and letter "sub-section (1) or sub-section (1A)" shall be substituted. 7. Amendment of sections 13 and 14. 7. Amendment of sections 13 and 14. - In section 13, in sub-section (1) and in section 14, in sub-section (1) of the principal Act, for the words "officer of police", the words "officer of police or emigration officer" shall be substituted. 8. Omission of sections 18 and 26. - Sections 18 and 26 of the principal Act shall be omitted. 9. Amendment of section 23. - In section 23 of the principal Act, for the words and figures "the Emigration Act, 1922" 7 of 1922, the words and figures "the Emigration Act, 1983" 31 of 1983, shall be substituted. 10. Amendment or section 24. - In section 24 of .the principal Act, in sub-section (2), in clause (f), for the words "any application for the issue or renewal of a passport", the words, figures and brackets "any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport" shall be substituted. 1[1]. In1roduced in Lok Sabha on 19/4/1993. For Citation : (1993) 3 SCC 288