THE JUDGES (INQUIRY) ACT 1968

 

 

THE JUDGES (INQUIRY) ACT, 1968

ACT NO. 51 OF 1968

 

[5th December, 1968.]

An Act to regulate the procedure for the investigation and proof of the

misbehaviour or incapacity of a judge of the Supreme Court or of a High

Court and for the presentation of an address by Parliament to the

President and for matter-, connected therewith. Be it enacted by

Parliament in the Nineteenth Year of the Republic of India as follows:-

 

Short title and Commencement.

 

1. (1)Short title and Commencement. This Act may be called the

 

Judges (Inquiry) Act, 1968. (2) It shall come into, force on such date as

the Central Government may, by notification in the Official Gazette,

appoint.

 

Definitions. 2. Definitions. In this Act, unless the context otherwise

requires,- (a) "Chairman" means the Chairman of the Council of States;

(b) "Committee" means a Committee constituted under section 3 ; (c)

"Judge" means a Judge of the Supreme Court or of a High Court and

includes the Chief Justice of India and the Chief Justice of a High Court

; (d)"prescribed" means prescribed by rules made under this Act ; (e)

"Speaker" means the Speaker of the House of the People.

 

Investigation into misbehaviour or incapacity of Judge by Committee.

 

3. (1)Investigation into misbehaviour or incapacity of Judge by

Committee. If notice is given of a motion for presenting an address to

the President praying for the removal of a Judge signed,- (a) in the case

of a notice given in the House of the People, by not less than one

hundred members of that House; (b) in the case of a notice given in the

Council of States, by not less than fifty members of that Council; then,

the Speaker or, as the case may be, the Chairman may, after consulting

such persons,, if any, as he thinks fit and after considering

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1-1-1969: vide Notifn. No. GSR 35, dated 1-1-1969, Gazette of India,

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such materials, if any, as may be available to him, either admit the

motion or refuse to admit the same.

 

(2) It the motion referred to in sub-section (1) is admitted, the Speaker

or, as the case may be, the Chairman shall keep the motion pending and

constitute, as soon as may be, for the purpose of making an investigation

into the grounds on which the removal of a Judge is prayed for, a

Committee consisting of three members of whom- (a) one shall be chosen

from among the Chief Justice and other Judges of the Supreme Court ; (b)

one shall be chosen from among the Chief Justices of the High Courts; and

(c) one shall be a person who is, in the opinion of the Speaker or, as

the case may be, the Chairman, a distinguished jurist: Provided that

where notices of a motion referred to in sub-

 

section (1) are given on the same day in both Houses of Parliament, no

Committee shall be constituted unless the motion has been admitted in

both Houses and where such motion has been admitted in both Houses, the

Committee shall be constituted jointly by the Speaker and the Chairman:

Provided further that where notices of a motion as aforesaid are given in

the Houses of Parliament on different dates, the notice which is given

later shall stand rejected.

 

(3) The Committee shall frame definite charges against the Judge on the

basis of which the investigation is proposed to be held.

 

(4) Such charges together with a statement of the grounds on which each

such charge is based shall be communicated to the Judge and he shall be

given a reasonable opportunity of presenting a written statement of

defence within such time as may be specified in this behalf by the

Committee.

 

(5) Where it is alleged that the Judge is unable to discharge the duties

of his office efficiently due to any physical or mental incapacity and

the allegation is denied, the Committee may arrange for the medical

examination of the Judge by such Medical Board as may be appointed for

the purpose by the Speaker or, as the case may be, the Chairman or, where

the Committee is constituted jointly by the Speaker and the Chairman, by

both of them, for the purpose and the Judge shall submit himself to such

medical examination within the time specified in this behalf by the

Committee. 61

 

(6)The Medical Board shall undertake such medical examination of the

Judge as may be considered necessary and submit a report to the Committee

stating therein whether the incapacity is such as to render the Judge

unfit to continue in office.

 

(7) If the Judge refuses to undergo medical examination considered

necessary by the Medical Board, the Board shall submit a report to the

Committee stating therein the examination which the Judge has refused to

undergo, and the Committee may, on receipt of such report, presume that

the Judge suffers from such physical or mental incapacity as is alleged

in the motion referred to in sub-

 

section (1).

 

(8) The Committee may, after considering the written statement of the

Judge and the medical report, if any, amend the charges framed

 

under sub-section (3) and in such a case, the Judge shall be given a

reasonable opportunity of presenting a fresh written statement of defence.

 

(9) The Central Government may, if required by the Speaker or the

Chairman, or both, as the case may be, appoint an advocate to conduct the

case against the Judge.

 

Report of Committee.

 

4. (1)Report of Committee. Subject to any rules that may be made in this

behalf, the Committee shall have power to regulate its own procedure in

making the investigation and shall give a reasonable opportunity to the

Judge of cross-examining witnesses, adducing evidence and of being heard

in his defence.

 

(2) At the conclusion of the investigation, the Committee shall submit

its report to the Speaker or, as the case may be, to the Chair- man, or

where the Committee has been constituted jointly by the Speaker and the

Chairman, to both of them, stating therein its find- ings on each of the

charges separately with such observations on the whole case as it thinks

fit.

 

(3) The Speaker or the Chairman or, where the Committee has been

constituted jointly by the Speaker and the Chairman, both of them,

 

shall cause the report submitted under sub-section (2) to be laid, as

soon as may be, respectively before the House of the People and the

Council of States.

 

Powers of Committee. 5. Powers of Committee. For the purpose of making

any investigation under this Act the Committee shall have the powers of a

civil court, while trying suit, under the Code of Civil Procedure,

1908,(5 of 1908), in respect of the following matters, namely:- (a)

summoning and enforcing the attendance of any person and examining him on

oath; 62 (b) requiring the discovery and production of documents (c)

receiving evidence on oath ; (d) issuing commissions for the examination

of witnesses or documents (e) such other matters as may be prescribed.

 

Consideration of report and procedure for presentation of an addressfor

removal of Judge.

 

6. (1)Consideration of report and procedure for presentation of an

address for removal of Judge. If the report of the Committee contains a

finding that the Judge is not guilty of any misbehaviour or does no

suffer from any incapacity, then, no further steps shall be taken in

either House of Parliament in relation to the report and the motion

pending in the House or the Houses of Parliament shall not be proceeded

with.

 

(2) If the report of the Committee contains a finding that the Judge is

guilty of any misbehaviour or suffers from any incapacity,

 

then, the motion referred to in sub-section (1) of section 3 shall to-

gether with the report of the Committee, be taken up for consideration by

the House or the Houses of Parliament in which it is pending.

 

(3) If the motion is adopted by each House of Parliament in

 

accordance with the provisions of clause (4) of article 124 or, as the

case may be, in accordance with that clause read with article 218 of the

Constitution, then, the misbehaviour or incapacity of the Judge shall be

deemed to have been proved and an address praying for the removal of the

Judge shall be presented in the prescribed manner to the President by

each House of Parliament in the same session in which the motion has been

adopted.

 

Power to make rules.

 

7. (1)Power to make rules. There shall be constituted a Joint Committee

of both Houses of Parliament in accordance with the provisions

hereinafter contained for the purpose of making rules to carry out the

purposes of this Act.

 

(2) The Joint Committee shall consist of fifteen members of whom ten

shall be nominated by the Speaker and five shall be nominated by the

Chairman.

 

(3) The Joint Committee shall elect its own Chairman and shall have power

to regulate, its own procedure.

 

(4) Without prejudice to the generality of the provisions of

 

subsection (1), the Joint Committee may make rules to provide for the

following among other matters, namely:- (a) the manner of transmission of

a motion adopted in one House to the other House of Parliament; (b) the

manner of presentation of an address to the President for the removal of

a Judge ; 63 (c) the travelling and other allowances payable to the

members of the Committee and the witnesses who may be required to attend

such Committee ; (d) the facilities which may be accorded to the Judge

for defending himself; (e) any other matter which has to be, or may be,

provided for by rules or in respect of which provision is, in the opinion

of the Joint Committee, necessary.

 

(5) Any rules made under this section shall not take effect until they

are approved and confirmed both by the Speaker and the Chairman and are

published in the Official Gazette, and such publication of the rules

shall be conclusive proof that they have been duly made.

 

 

 

 

The Prize Chits and Money Circulation Schemes (Banning) Act 1978

 

The Prize Chits and Money Circulation Schemes (Banning) Act, 1978

 

Section 1. Short title and extent

(1) This Act may be called the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

Section 2. Definitions

In this Act, unless the context otherwise requires,-

(a) “Conventional chit” means a transaction whether called chit, chit fund, kuri or by any other name by or under which a person responsible for the conduct of the chit enters into an agreement with a specified number of persons that every one of them shall subscribe a certain sum of money (or certain quantity of grain instead) by way of periodical instalments for a definite period and that each such subscriber shall, in his turn, as determined by lot or by auction or by tender or in such other manner as may be provided for in the chit agreement, be entitled to a prize amount.]

Explanation. In this clause “prize amount” shall mean the amount, by whatever name called arrived at by deducting from out of the total amount paid or payable at each instalment by all the subscribers,

(i) The commission charged as service charges as a promoter or a foreman or an agent; and

(ii) Any sum which a subscriber agrees to forego, from out of the total subscriptions of each instalment, in consideration of the balance being paid to him;

(b) “Money” includes a cheque, postal order, demand draft, telegraphic transfer or money order;

(c) “Money circulation scheme” means any scheme, by whatever name called, for the making of quick or easy money, or for he receipt of any money or valuable thing as the conservation for a promise to pay money, on any event or contingency relative or applicable to the enrolment of members into the scheme, whether or not such money or thing is derived from the entrance money of the members of such scheme or periodical subscriptions;

(d) “Prescribed” means prescribed by rules made under this Act;

(e) “Prize chit” includes any transaction or arrangement by whatever name called under which a person collects whether as a promoter, foreman, agent or in any other capacity, monies in one lump sum or inn instalments by way of contributions or subscriptions or by sale of units, certificates or other instruments or in any other manner or as membership fees or admission fees or service charges to or in respect of any savings, mutual benefits, thrift, or any other scheme or arrangement by whatever me called, and utilizes the monies so collected or any part thereof or the income accruing from investment or other use of such monies for all or any of the following purposes, namely:-

(i) Giving or awarding periodically or otherwise to a specified number of subscribers as determined by lot, draw or in nay other manner, prizes or gifts in cash or in kind, whether or not the recipient of the prize of gift is under a liability to make any further payment in respect of such scheme or arrangement;

(ii) Refunding to the subscribers or such or them as have not won any prize or gift, the whole or part of the subscriptions, contributions or other monies collected, with our without any bonus, premium, interest or other advantage by whatever name called, on the termination of the scheme or arrangement or on or after the expiry of the period stipulated therein,

But does not include a conventional chit;

(f) “Reserve Bank” means the Reserve Bank of India constituted under the Reserve Bank of India act, 1934 (2 of 1934).

Section 3. Banning of prize chits and money circulation schemes or enrolment as members or participation therein

No person shall promote or conduct any prize chit or money circulation scheme, or enrol as a member to any such chit or scheme, or participate in it otherwise, or receive or remit any money in pursuance of such chit or scheme.

Section 4. Penalty for contravening the provisions of section 3

Whoever contravenes the provisions of section 3 shall be punishable with imprisonment for term which may extend to three years, to with fine which may extend to five thousand rupees, or with both:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned din the judgement of the court, the imprisonment shall not be less than on e year and the fine shall not be less than one thousand rupees.

Section 5. Penalty for other offences in connection with prize chits or money circulation schemes

Whoever, with a view to the promotion or conduct of any prize chit or money circulation scheme in contravention of the provisions of this Act or in connection with any chit or scheme promoted or conducted as aforesaid,-

(a) Prints or publishes any ticket, coupon or other document for use in the prize chit or money circulation scheme; or

(b) Sells or distributes or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution any ticket, coupon or other document for use in the prize chit or money circulation scheme; or

(c) Prints, publishes or distributes, or has in his possession for the purpose of publication or distribution-

(i) Any advertisement of the prize chit or money circulation scheme; or

(ii) Any list, whether complete or not, of members in the prize chit or money circulation scheme; or

(iii) Any such matter descriptive or, or otherwise relating to the prize chit or money circulation scheme, as is calculated to act as an inducement to persons to participate in that prize chit or money circulation scheme or any other prize chit or money circulation scheme; or

(d) Brings, or inverts any person to send, for the purpose of sale or distribution, any ticket, coupon or other document for use in a prize chit or money circulation scheme or any advertisement of such prize chit or money circulation scheme; or

(e) Uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the prize chit or money circulation scheme; or

(f) Causes or procures or attempts to procure any person to do any of the above-mentioned acts,

Shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court, the imprisonment shall not be lees than one year and there fine shall not be less than one thousand rupees.

Section 6. Offences by companies

(1) Where an offence under this act has been committed by a company, every person who. At the time the offence was committed, was in charge of, and was responsible to, the company fort the conduct of the business of the company, as well as the company, 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 sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that the 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 is attributable to, any neglect on the part of, any director, manager, secretary of other officer of the company, such director, manager, secretary of other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against the 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.

Section 7. Power to enter, search and seize

(1) It shall be lawful for any police officer not below the tank of an officer in charge of a police station,-

(a) To enter, if necessary be force, whether by day or night with such assistance as he considers necessary, any premises which he has reason to suspect, are being used for purposes connected with the promotion or conduct of any prize chit or money circulation scheme in contravention of the provisions of this act;

(b) To search the said premises and the persons whom he may find therein;

(c) To take into custody and produce before any Judicial magistrate all such persons s are concerned or against whom a complaint has been made or credible information has been received or a reasonable suspicion exists of their having a been concerned with the use of the said premises for purposes connected with, or with the promotion or conduct of, any such prize chit or money circulation scheme as aforesaid;

(d) To seize, all things found in the said premises which are intended to be used, or reasonably suspected to have been used, in connection with any such prize chit or money circulation scheme as aforesaid.

(2) Any officer authorised by the State Government in this behalf may-

(a) At all reasonable times, enter into and search any premises which he has reason to suspect, are being used for the purposes connected with, or conduct of, any prize chit or money circulation scheme in contravention of the provisions of this act;

(b) Examine any person having the control of, or employed in connection with, any such prize chit or money circulation scheme;

(c) Order the production of any documents, books a or records in the possession or power to any person having the control of, or employed in connection with, any such prize chit or money circulation scheme; and

(d) Inspect and seize and reregister, books of accounts, documents or any other literature found in the said premises.

(3) All searches under this section shall be made in accordance with the provisions of the code of Criminal Procedure, 1973 (2 of 1974).

Section 8. Forfeiture of newspaper and publication containing prize chit or money circulation scheme

Where any newspaper of other publication contains any material connected with any prize chit or money circulation scheme promoted or conducted in contravention of the provisions of this act or any advertisement, in relation there to the state Government may, by notification in the Official Gazette, declare every copy of the newspaper and every copy of the publication containing such material or the advertisement to be forfeited to the state Government.

Section 9. Power to try offences

No court inferior to that of a Chief Metropolitan Magistrate, or as the case may be, Chief Magistrate, shall try any offence punishable under this Act.

Section 10. Offences under this Act to be cognizable

All offences punishable under this act shall be cognizable.

Section 11. Act not to apply to certain prize chits or money circulation schemes

Nothing contained in this act shall apply to any prize chit or money circulation scheme promoted by-

(a) A state Government or any officer or authority on its behalf;

(b) A company wholly owned by a State Government which does not carry on any business s other than the conducting of a prize chit or money circulation scheme whether it is in the nature of a conventional chit or otherwise; or

(c) A banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949, or a banking institution 10 of 1949 (10 of 1949) notified by the central Government under section 51 of that act or the state Bank of India constituted under section 3 of the state Bank of India Act, 1955 (23 of 1955), or a subsidiary bank constituted under section 3 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), or a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and transfer to Undertakings) Act, 1970 (5 of 1970), or a Regional Rural Bank established under section 3 of the regional Rural Banks act, 1976 (21 of 1976), or a co-operative bank as define din clause (bii) of section 2 of the Reserve Bank of India act, 1934 (2 of 1934); or

(d) Any charitable or educational institution notified in this behalf by the State Government, in consultation with the Reserve bank.

Section 12. Transitional provisions

(1) Notwithstanding anything contained in this act, a person conducting a prize chit or money circulation scheme at the commencement of this act may continue to conduct such s chit or scheme for such period as may be necessary for the winding up of the business relating to such chit or scheme, so however that such period shall not in any case extend beyond a period of two years from such commencement:

Provided that the said person shall furnish to the state Government or to such officer as may be authorised by it in this behalf and to such office of the Reserve Bank as may be prescribed in such form and within such period as may be prescribed, full information regarding the chit or scheme along with a winding up plan prepared in accordance with the provisions of any rules that may be made by the state government in this behalf under this act:

Provided further that if the state government is satisfied, on an application made by the person conducting the prize chit or money circulation scheme, the that chit or scheme cannot be wound up within the period fixed in the winding up plan furnished to the state Government under the foregoing provisos, it may, in consultation with the Reserve Bank, permit such person to continue to conduct the business relating to the said chit or scheme for such further period as may be considered necessary having regard to the circumstances of the case and the interests of the members of the said chit or scheme.

(2) The State Government may, in consultation with the Reserve Bank, approve the winding up plan furnished under sub-section (1) with to without modifications or reject the same and may grant or refuse to grant permission to continue to conduct that chit or scheme;

Provided that no such winding up plan shall be modified or rejected without giving an opportunity of being heard to the person who conducts such prized chit or money circulation scheme.

(3) If any person fails to furnish full information regarding the said chit or scheme along with its winding up plain in the form and within the period prescribed, he shall forfeit his right to continue the business relating to the said chit or scheme on the expiry of such period.

(4) Notwithstanding anything to the contrary contained in any agreement or arrangement entered into between, any person conducting any such chit or scheme and the subscriber, the person conducting the chit or scheme shall, within such period as may be prescribed refund the monies or he subscriptions collected till the date of default referred to in sub-section (3).

(5) If any person fails to comply with the provisions of sub-section (4), he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court, the imprisonment shall not be less than one year and the fine shall not be less than one thousand rupees.

Section 13. Power to make rules

(1) The State Government may, by notification in the Official Gazette and in consultation with the Reserve Bank make rules for the purpose of carrying out the provisions of this act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) The office of the Reserve Bank of to whom full information regarding any prize chit or money circulation scheme may be furnished under the first proviso to sub-section 91) and of section 12, and the form in which and the period within which such information may be furnished;

(b) The particulars relating to the winding up plan of the business relating to prize chits or money circulation schemes.

Section 14. Repeal and saving

(1) The Andhra Pradesh Money Circulation Scheme (Prohibition) Act, 1965 (Andhra Pradesh Act 30 of 1965), as in force in the State of Andhra Pradesh, and in the Union territory of Chandigarh and the Madhya Pradesh Dhan Parichalan Skeem (Pratishedh) Adhiniyam, 1975 (Madhya Pradesh Act 19 of 1975), are hereby repealed.

(2) Notwithstanding the repeal of any Act referred to in sub-section (1), anything done or any action taken under the provisions of any such of Act shall, in so far as such thing or action is not inconsistent with the provision so this act, be deemed to have been done to taken under the provisions of this act as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this act.