Finance Act 2017 (Section 151 to 170)

PART XI
AMENDMENTS TO THE PAYMENT AND SETTLEMENT SYSTEMS ACT 2007

Commencement of this Part

151. The provisions of this Part shall come into force on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this Part.

Amendment of Act 51 of 2007

152. In the Payment and Settlement Systems Act, 2007 (51 of 2007) (hereafter in this Part referred to as the principal Act), for Chapter II, the following Chapter shall be substituted, namely:—

CHAPTER II
DESIGNATED AUTHORITY

3. Designed authority — (1) The Reserve Bank shall be the designated authority for the regulation and supervision of payment systems under this Act.

(2) The Reserve Bank shall exercise the powers, perform the functions and discharge the duties conferred on it under this Act through a Board to be known as the “Payments Regulatory Board”.

(3) The Board shall consist of the following members, namely:—

(a)the Governor of the Reserve Bank—Chairperson, ex officio;
(b)the Deputy Governor of the Reserve Bank is in-charge of the Payment and Settlement Systems—Member, ex officio;
(c)one officer of the Reserve Bank to be nominated by the Central Board of the Reserve Bank—Member, ex officio; and
(d)three persons to be nominated by the Central Government—Members.
(4) The powers and functions of the Board referred to in sub-section (2), the time and venue of its meetings, the procedures to be followed in such meetings (including the quorum at such meetings) and other matters incidental thereto shall be such as may be prescribed.’.

Amendment of section 38
153. In section 38 of the principal Act, in sub-section (2), in clause (a), for the words, brackets and figure “Committee constituted under sub-section (2)”, the words, brackets and figure “Board referred to in sub-section (2)” shall be substituted.

Amendment of section 182.

154. In the Companies Act, 2013, in section 182—
(i)in sub-section (1),—
(a)first proviso shall be omitted;
(b)in the second proviso,—
(A)the word “further” shall be omitted;
(B)the words “and the acceptance” shall be omitted;
(ii)for sub-section (3), the following shall be substituted, namely:—
“(3) Every company shall disclose in its profit and loss account the total amount contributed by it under this section during the financial year to which the account relates.
(3A) Notwithstanding anything contained in sub-section (1), the contribution under this section shall not be made except by an account payee cheque drawn on a bank or an account payee bank draft or use of electronic clearing system through a bank account:
Provided that a company may make contribution through any instrument, issued pursuant to any scheme notified under any law for the time being in force, for contribution to the political parties.”.

PART XIII
AMENDMENTS TO THE FINANCE ACT 2016

Amendment of Act 28 of 2016.

155. In the Finance Act, 2016,—
(i)in section 50, for the words, figures and letters “with effect from the 1st day of April, 2017”, the words, figures and letters “and shall be deemed to have been substituted with effect from the 1st day of April, 2013” shall be substituted;
(ii)in section 197, clause (c) shall be omitted and shall be deemed to have been omitted with effect from the 1st day of June, 2016.

PART XIV
AMENDMENTS TO CERTAIN ACTS TO PROVIDE FOR MERGER OF TRIBUNALS AND OTHER AUTHORITIES AND CONDITIONS OF SERVICE OF CHAIRPERSONS, MEMBERS, ETC.

A.— PRELIMINARY

Commencement of this Part

156. The provisions of this Part shall come into force on such date as the Central Government may, by notification* in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Part and any reference in any provision to the commencement of this Part shall be construed as a reference to the coming into force of that provision.

Definitions

157. In this Part, unless the context otherwise requires,—
(a)”appointed day”, in relation to any provision of this Part, means such date as the Central Government may, by notification in the Official Gazette, appoint;
(b)”Authority” means the Authority, other than Tribunals and Appellate Tribunals, specified in the Eighth Schedule or Ninth Schedule, as the case may be;
(c)”notification” meansa notification published in the Official Gazette;
(d)”Schedule” means the Eighth Schedule and Ninth Schedule appended to this Act.

B.—AMENDMENTS TO THE INDUSTRIAL DISPUTES ACT, 1947 AND THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT 1952.

Amendment of Act 14 of 1947

158. In the Industrial Disputes Act, 1947,—
(a)in section 7A, after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) The Industrial Tribunal constituted by the Central Government under sub-section (1) shall also exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the jurisdiction, powers and authority conferred on the Tribunal referred to in section 7D of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.”(19 of 1952);
(b)after section 7C, the following section shall be inserted, namely:—
“7D.Qualifications, terms and conditions of service of presiding Officer.— Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation and removal and other terms and conditions of service of the Presiding Officer of the Industrial Tribunal appointed by the Central Government under sub-section (1) of section 7A, shall, after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be governed by the provisions of section 184 of that Act:
Provided that the Presiding Officer appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”.

Amendment of Act 19 of 1952

159. In the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952,—
(a)in section 2, for clause (m), the following clause shall be substituted, namely:—
‘(m) “Tribunal” means the Industrial Tribunal referred to in section 7 D;’;
(b)for section 7D, the following section shall be substituted, namely:—
“7D.Tribunal.— The Industrial Tribunal constituted by the Central Government under sub-section (1) of section 7A of the Industrial Disputes Act, 1947 shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.”,;
(c)sections 7E, 7F, 7G ,7H, 7M and 7N shall be omitted;
(d)for section 18A, the following section shall be substituted, namely:—
“18A.Authorities and inspector to be public servant.— The authorities referred to in section 7A and eyery inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.” (45 of 1860);
(e)in section 21, in sub-section (2), clause (a) shall be omitted.

C.—AMENDMENTS TO THE COPYRIGHT ACT, 1957 AND THE TRADE MARKS ACT 1999.

Amendment of Act 14 of 1957

160. In the Copy Right Act, 1957,—
(a)for the words “Copyright Board”, wherever they occur, the words “Appellate Board” shall be substituted;
(b)in section 2, after clause (a), the following clause shall be inserted, namely:—
‘(aa) “Appellate Board” means the Appellate Board referred to in section 11’;
(c)for section 11, the following section shall be substituted, namely:—
“11. Appellate Board.— The Appellate Board established under section 83 of the Trade Marks Act, 1999 shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.” (47 of 1999);
(d)in section 12, sub-sections (3) and (4) shall be omitted;
(e)in section 78, in sub-section (2), clause (a) shall be omitted.”.

Amendment of Act 47 of 1999

161. In the Trade Marks Act, 1999:—
(a)for the word “Chairman” or “Vice-Chairman”, wherever it occurs, the word “Chairperson” or “Vice-Chairperson” shall be substituted;
(b)in section 83, after the words “under this Act”, the words and figures “and under the Copyright Act, 1957” shall be inserted;
(c)after section 89, the following section shall be inserted, namely:—
“89A. Qualifications, terms and conditions of service of Chairperson, Vice-Chairperson and Member.— Notwithstanding anything in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chairperson, Vice-Chairperson and other Members of the Appellate Board appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act:
Provided that the Chairperson, Vice-Chairperson and other Members appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017, had not come into force.”.

D.—AMENDMENTS TO THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 AND THE RAILWAYS ACT 1989.

Amendment of Act 54 of 1987

162. In the Railway Claims Tribunal Act 1987,—
(a)in section 3, after the words “under this Act”, the words, letters and figures “and under Chapter VII of the Railways Act,1989” (24 of 1989) shall be inserted;
(b)after section 9, the following section shall be substituted, namely:—
“9A. Qualifications, terms and conditions of service of Chairperson, Vice-Chairperson and Member.— Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chairman, Vice-Chairman and other Members of the Tribunal appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act:
Provided that the Chairman, Vice-Chairman and Members appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017, had not come into force.”;
(c)in section 13, after sub-section (IA), the following sub-section shall be inserted, namely:—
“(1B) The Claims Tribunal shall also exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the jurisdiction, powers and authority conferred on the Tribunal under Chapter VII of the Railways Act,1989.” (24 of 1989);
(d)in section 15, for the words, brackets, figures and letter “sub-sections (1) and (1A)”, the words, brackets, figures and letters “sub-sections (1), (1A) and (1B)” shall be substituted;
(e)in section 24, in sub-section (1), for the words, brackets, figure and letter “or, as the case may be, the date of commencement of the provisions of sub-section (1A)”, at both the places where they occur, the words, brackets, figures and letters “or the date of commencement of the provisions of sub-section (1A), or, as the case may be, the date of commencement of the provisions of sub-section (1B)” shall be substituted.

D.—AMENDMENTS TO THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 AND THE RAILWAYS ACT 1989.

Amendment of Act 54 of 1987

E.—AMENDMENTS TO THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, 1976 AND THE FOREIGN EXCHANGE MANAGEMENT ACT, 1999.

Amendment of Act 13 of 1976

164. In the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976,—
(a)in section 12, in sub-section (1), after clause (c), the following clause shall be inserted, namely:—
“(d) by the Adjudicating Authorities, Competent Authorities and the Qualifications, Special Director (Appeals) under the Foreign Exchange Management Act, 1999.” (42 of 1999);
(b)after section 12, the following section shall be inserted, namely:—
“12A. Qualifications, terms and conditions of service of Chairperson, and Member.— Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Chairperson and other members of the Appellate Tribunal appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act:
Provided that the Chairperson and other members appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”.

Amendment of Act 42 of 1999

165. In the Foreign Exchange Management Act, 1999,—
(a)in section 2,—
(i)for clause (b), the following clause shall be substituted, namely:—
‘(b) “Appellate Tribunal” means the Appellate Tribunal referred to in section 18;’;
(ii)in clause (zc), for the word and figures “section 18”, the word and figures “section 17” shall be substituted;
(b)for section 18, the following section shall be substituted, namely:—
“18. Appellate Tribunal.— The Appellate Tribunal constituted under sub-section (1) of section 12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976), shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.”;
(c)section 20 shall be omitted;
(d)for section 21, the following section shall be substituted, namely:—
“21. Qualifications, for appointment of Special Director (Appeal).— A person shall not be qualified for appointment as a Special Director (Appeals) unless he—
(a)has been a member of the Indian Legal Service and has held a post in Grade I of that Service; or
(b)has been a member of the Indian Revenue Service and has held a post equivalent to a Joint Secretary to the Government of India.”;
(e)section 22 shall be omitted;
(f)for section 23, the following section shall be substituted, namely:—
“23. Terms and conditions of service of Special Director (Appeals).— The salary and allowances payable to and the other terms and conditions of service of the Special Director (Appeals) shall be such as may be prescribed.”;
(g)sections 24, 25 and 26 shall be omitted;
(h)for section 27, the following section shall be substituted, namely:—
“27. (Staff of Special Director (Appeals).— (1) The Central Government shall provide the office of the Special Director (Appeals) with such officers and employees as it may deem fit.
(2) The officers and employees of the office of the Special Director (Appeals) shall discharge their functions under the general superintendence of the Special Director (Appeals).
(3) The salaries and allowances and other terms and conditions of service of the officers and employees of the office of the Special Director (Appeals) shall be such as may be prescribed.”;
(i)sections 29, 30 and 31 shall be omitted;
(j)in section 32,—
(i)for the words and brackets “Appellate Tribunal or the Special Director (Appeals), as the case may be”, at both the places where they occur, the words and brackets “Special Director (Appeals)” shall be substituted;
(ii)in sub-section (1), for the words and brackets “Appellate Tribunal or the Special Director (Appeals)”, the words and brackets “Special Director (Appeals)” shall be substituted;
(k)for section 33, the following section shall be substituted, namely:—
“33. Officers and employees, etc. to be public servant.— The Adjudicating Authority, Competent Authority and the Special Director (Appeals) and other officers and employees of the Special Director (Appeals) shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.” (45 of 1860);
(l)in section 46, in sub-section (2),—
(i)in clause (e), for the words and brackets “Chairperson and other Members of the Appellate Tribunal and the Special Director (Appeals)”, the words and brackets “Special Director (Appeals)” shall be substituted;
(ii)in clause (f), for the words and brackets “Appellate Tribunal and the office of the Special Director (Appeals)”, the words and brackets “office of the Special Director (Appeals)” shall be substituted.

F.—AMENDMENTS TO THE AIRPORTS AUTHORITY OF INDIA ACT, 1994 AND THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002.

Amendment of Act 55 of 1994

166. In the Airports Authority of India Act, 1994,—
(a)in section 28-I, in sub-section (1), after the words “under this Act”, the words, brackets and figures “and the Control of National Highways (Land and Traffic) Act, 2002” shall be inserted (13 of 2003);
(b)after section 28J, the following section shall be inserted, namely:—
“28JA. Qualifications, terms and conditions of service of Chairperson.— Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Chairperson of the Tribunal appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act:
Provided that the Chairperson appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”.

Amendment of Act 13 of 2003

167. In the Control of National Highways (Land and Traffic) Act, 2002,—
(a)in section 2, for clause (1), the following clause shall be substituted, namely:—
‘(1) “Tribunal” means the Airport Appellate Tribunal referred to in sub section (1) of section 5;’;
(b)in Chapter II, for the heading, the following heading shall be substituted, namely:—
“HIGHWAYS ADMINISTRATION AND TRIBUNALS, ETC.”;
(c)in section 5,—
(i)for sub-section (1), the following sub-section shall be substituted, namely:—
“(1) The Airport Appellate Tribunal established under section 284 of the Airports Authority of India Act, 1994 (55 of 1994) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.”;
(ii)in sub-section (2), for the words, brackets and figure “shall also specify, in the notification referred to in sub-section (1)”, the words “shall specify, by notification in the Official Gazette”, shall be substituted;
(d)sections 6,7,8,9,10,11,12 and 13 shall be omitted;
(e)for section 44, the following section shall be substituted, namely:—
“44. Officers of Highways Administration to be public servant.— The officer or officers constituting the Highways Administration and any other officer authorised by such Administration under this Act, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.” (45 of 1860);
(f)in section 45, for the words “the Presiding Officer of the Tribunal or any other officer of the Central Government or an officer or employee of the Tribunal”, the words “any other officer of the Central Government” shall be substituted;
(g)in section 50, in sub-section (2), clauses (b), (c), (d) and (e) shall be omitted.

G.—AMENDMENTS TO THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997, THE INFORMATION TECHNOLOGY ACT, 2000 AND THE AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA ACT 2008.

Amendment of Act 24 of 1997

168. In the Telecom Regulatory Authority of India Act,1997,—
(a)in section 14, after clause (b), the following clause shall be inserted, namely:—
“(c) exercise jurisdiction, powers and authority conferred on—
(i)the Appellate Tribunal under the Information Technology Act, 2000 (21 of 2000); and
(ii)the Appellate Tribunal under the Airports Economic Regulatory Authority of India Act, 2008.” (27 of 2008);
(b)after section 14G, the following section shall be substituted, namely:—
“14GA. Qualifications, terms and conditions of service of Chairperson and Member.— Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act:
Provided that the Chairperson and Member appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”.

Amendment of Act 21 of 2000

169. In the Information Technology Act, 2000,—
(a)for the words “Cyber Appellate Tribunal”, wherever they occur, the words “Appellate Tribunal” shall be substituted;
(b)in section 2, in sub-section (1),—
(i)after clause (d), the following clause shall be inserted, namely:—
‘(da) “Appellate Tribunal” means the Appellate Tribunal referred to in sub-section (1) of section 48;’;
(ii)clause (n) shall be omitted;
(c)in section 48,—
(i)for the marginal heading, the following marginal heading shall be substituted, namely:—

“APPELLATE TRIBUNAL”;

(ii)for sub-section (1), the following sub-section shall be substituted, namely:—
“(1) The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.”.
(iii)in sub-section (2), for the words, brackets and figure “shall also specify, in the notification referred to in sub-section (1)”, the words “shall specify, by notification” shall be substituted;
(d)sections 49, 50, 51, 52, 52A, 52B, 52C, 53, 54 and 56, shall be omitted;
(e)for section 82, the following section shall be substituted, namely:—
“82. Controller, Deputy Controller and Assistant Controller to be public servants.— The Controller, the Deputy Controller and the Assistant Controllers shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.” (45 of 1960);
(f)in section 84, for the words “the Chairperson, Members, adjudicating officers and the staff of the Cyber Appellate Tribunal”, the words “and adjudicating officers” shall be substituted;
(g)in section 87, in sub-section (2), clauses (r), (s) and (t) shall be omitted.

Amendment of Act 27 of 2008

170. In the Airports Economic Regulatory Authority of India Act, 2008,—
(a)in the long title, the words “and also to establish Appellate Tribunal to adjudicate disputes and dispose of appeals” shall be omitted;
(b)in section 2, for clause (d), the following clause shall be substituted, namely:—
‘(d) “Appellate Tribunal” means the Telecom Disputes Settlement and Appellate Tribunal referred to in section 17;’;
(c)in section 17,—
(i)for the marginal heading, the following marginal heading shall be substituted, namely:—
“APPELLATE TRIBUNAL”
(ii)for the portion beginning with the words “The Central Government” and ending with words “Appellate Tribunal”, the words and figures “The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 ( 24 of 1997) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act” shall be substituted;
(d)sections 19, 20, 21, 22, 23, 24, 25, 26 and 27 shall be omitted;
(e)in section 51, in sub-section (2), clauses (i), (j) and (k) shall be omitted.

Finance Act 2017 (Section 151 to 170)

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