90.
Amendment of Act 32 of 1994.- In the Finance Act,
1994,-
(A) in section 65, with effect from such
date as the Central Government may, by notification in the
Official Gazette, appoint,-
(1) after clause (7a), the following clause
shall be inserted, namely:- '(7b) "associated enterprise"
has the meaning assigned to it in section 92A of the Income-tax
Act, 1961;
(2) in clause (12),-
(a) in sub-clause (a), for item (iv), the
following item shall be substituted, namely:- ''(iv) securities
and foreign exchange (forex) broking, and purchase or sale
of foreign currency, including money changing;";
(b) for sub-clause (b), the following sub-clause
shall be substituted, namely:- ''(b) foreign exchange broking
and purchase or sale of foreign currency, including money
changing provided by a foreign exchange broker or an authorised
dealer in foreign exchange or an authorised money changer,
other than those covered under sub-clause (a);";
(c) after sub-clause (b) as so amended,
the following Explanation shall be inserted at the end, namely:-
'Explanation.- For the
purposes of this clause, it is hereby declared that "purchase
or sale of foreign currency, including money changing" includes
purchase or sale of foreign currency, whether or not the consideration
for such purchase or sale, as the case may be, is specified
separately;
(3) in clause (19),-
(a) in sub-clause (ii), the following Explanation
shall be inserted at the end, namely:-
'Explanation.- For the
removal of doubts, it is hereby declared that for the purposes
of this sub-clause, "service in relation to promotion or marketing
of service provided by the client" includes any service provided
in relation to promotion or marketing of games of chance,
organised, conducted or promoted by the client, in whatever
form or by whatever name called, whether or not conducted
online, including lottery, lotto, bingo;';
(b) the words "any information technology
service and" shall be omitted;
(c) in the Explanation, clause (b) shall
be omitted; (4) for clause (23), the following clause shall
be substituted, namely:- '(23) "cargo handling service" means
loading, unloading, packing or unpacking of cargo and includes,-
(a) cargo handling services provided for
freight in special containers or for non-containerised freight,
services provided by a container freight terminal or any other
freight terminal, for all modes of transport, and cargo handling
service incidental to freight; and
(b) service of packing together with transportation
of cargo or goods, with or without one or more of other services
like loading, unloading, unpacking, but does not include,
handling of export cargo or passenger baggage or mere transportation
of goods;';
(5) in clause (31), for the words "to a
client", the words "to any person" shall be substituted;
(6) after clause (53), the following clause
shall be inserted, namely:- '(53a) "information technology
software" means any representation of instructions, data,
sound or image, including source code and object code, recorded
in a machine readable form, and capable of being manipulated
or providing interactivity to a user, by means of a computer
or an automatic data processing machine or any other device
or equipment;';
(7) for clause (57a), the following clause
shall be substituted, namely:- '(57a) "internet telecommunication
service" includes,- (i) internet backbone services, including
carrier services of internet traffic by one Internet Service
Provider to another Internet Service Provider, (ii) internet
access services, including provision of a direct connection
to the internet and space for the customer's web page, (iii)
provision of telecommunication services, including fax, telephony,
audio conferencing and video conferencing, over the internet;';
(8) in clause (64), for the Explanation,
the following Explanation shall be substituted, namely:- 'Explanation.-
For the removal of doubts, it is hereby declared that for
the purposes of this clause,- (a) "goods" includes computer
software; (b) "properties" includes information technology
software;';
(9) in clause (68), for the words "to a
client", the words "to any other person" shall be substituted;
(10) in clause (75), for the words "to a
customer", the words "to any person" shall be substituted;
(11) after clause (86c), the following clause
shall be inserted, namely:- '(86d) "processing and clearinghouse"
means any person including the clearing corporation authorised
or assigned by a recognised stock exchange, recognised association
or a registered association to perform the duties and functions
of a clearinghouse in relation to,-
(i) the periodical settlement of contracts
for, or relating to, the sale or purchase of securities, goods
or forward contracts and differences thereunder;
(ii) the delivery of, and payment for,
securities, goods or forward contracts;
(iii) any other matter incidental to, or
connected with, securities, goods and forward contracts;
(12) in clause (90a), the Explanation occurring
at the end shall be numbered as Explanation 1 thereof, and
after the Explanation 1 as so numbered, the following Explanation
shall be inserted, namely:- 'Explanation 2.- For the removal
of doubts, it is hereby declared that for the purposes of
this clause "renting of immovable property" includes allowing
or permitting the use of space in an immovable property, irrespective
of the transfer of possession or control of the said immovable
property;
(13) in clause (92), for the words "to
a client", the words "to any person" shall be substituted;
(14) in clause (105),- (a) in sub-clauses
(e), (h), (j), (k), (p), (q), (r), (s), (t), (u), (v), (w),
(x), (y), (z), (za), (zc), (zi), (zj), (zu), (zzt) and (zzw),
for the words "to a client", occurring at the beginning, the
words "to any person" shall be substituted;
(b) in sub-clauses (f), (l), (zb), (zh),
(zm), (zo), (zq), (zt), (zz), (zzd), (zzg), (zzp), (zzv) and
(zzx), for the words "to a customer", occurring at the beginning,
the words "to any person" shall be substituted;
(c) for sub-clause (g), the following sub-clause
shall be substituted, namely:- "(g) to any person, by a consulting
engineer in relation to advice, consultancy or technical assistance
in any manner in one or more disciplines of engineering including
the discipline of computer hardware engineering.
Explanation.- For the purposes
of this sub-clause, it is hereby declared that services provided
by a consulting engineer in relation to advice, consultancy
or technical assistance in the disciplines of both computer
hardware engineering and computer software engineering shall
also be classifiable under this sub-clause;";
(d) in sub-clause (m), for the words "a
client" and "the client", wherever they occur, the words "any
person" and "such person" shall respectively be substituted;
(e) for sub-clause (zzk), the following
sub-clause shall be substituted, namely:- "(zzk) to any person,
by a foreign exchange broker, including an authorised dealer
in foreign exchange or an authorised money changer, other
than a banking company or a financial institution including
a non-banking financial company or any other body corporate
or commercial concern referred to in sub-clause (zm);";
(f) in sub-clause (zzzu), for the words
"internet telephony", the words "internet telecommunication
service" shall be substituted;
(g) after sub-clause (zzzzd), the following
sub-clauses shall be inserted, namely:- "(zzzze) to any person,
by any other person in relation to information technology
software for use in the course, or furtherance, of business
or commerce, including,-
(i) development of information technology
software,
(ii) study, analysis, design and programming
of information technology software,
(iii) adaptation, upgradation, enhancement,
implementation and other similar services related to information
technology software,
(iv) providing advice, consultancy and
assistance on matters related to information technology software,
including conducting feasibility studies on implementation
of a system, specifications for a database design, guidance
and assistance during the start-up phase of a new system,
specifications to secure a database, advice on proprietary
information technology software,
(v) acquiring the right to use information
technology software for commercial exploitation including
right to reproduce, distribute and sell information technology
software and right to use software components for the creation
of and inclusion in other information technology software
products,
(vi) acquiring the right to use information
technology software supplied electronically; (zzzzf) to a
policy holder, by an insurer carrying on life insurance business,
in relation to management of investment, under unit linked
insurance business, commonly known as Unit Linked Insurance
Plan (ULIP) scheme.
Explanation.- For the purposes
of this sub-clause,-
(i) management of segregated fund of unit
linked insurance business by the insurer shall be deemed to
be the service provided by the insurer to the policy holder
in relation to management of investment under unit linked
insurance business;
(ii) the gross amount charged by the insurer
from the policy holder for the said services provided or to
be provided shall be equivalent to the difference between,-
(a) premium paid by the policy holder for
the Unit Linked Insurance Plan policy; and
(b) the sum of premium paid for or attributable
to risk cover, whether for life, health or other specified
purposes, and the amount segregated for actual investment.
Illustration Total premium paid for the Unit Linked Insurance
Plan policy = Rs.100 Risk premium = Rs. 10 Amount actually
invested = Rs. 85 Gross amount charged for the service provided
= Rs. 5 100-(10+85);
(iii) in addition to the amount referred
to in clause (ii), the gross amount charged shall include
any amount charged subsequently, whether or not periodically,
by the insurer from the policy holder in relation to management
of investment under unit linked insurance business; (zzzzg)
to any person, by a recognised stock exchange in relation
to assisting, regulating or controlling the business of buying,
selling or dealing in securities and includes services provided
in relation to trading, processing, clearing and settlement
of transactions in securities; (zzzzh) to any person, by a
recognised association or a registered association in relation
to assisting, regulating or controlling the business of the
sale or purchase of any goods or forward contracts and includes
services provided in relation to trading, processing, clearing
and settlement of transactions in goods or forward contracts;
(zzzzi) to any person, by a processing and clearinghouse in
relation to processing, clearing and settlement of transactions
in securities, goods or forward contracts including any other
matter incidental to, or connected with, such securities,
goods and forward contracts; (zzzzj) to any person, by any
other person in relation to supply of tangible goods including
machinery, equipment and appliances for use, without transferring
right of possession and effective control of such machinery,
equipment and appliances;";
(15) in clause (106), after the words ''goods
or material or'', the words "information technology software
or" shall be inserted;
(16) in clause (108), for the words ''process
or material'', at both the places where they occur, the words
''process or material or information technology software''
shall be substituted;
(17) in clause (109a), in sub-clause (c),
for the words "internet telephony", the words "internet telecommunication
service" shall be substituted;
(18) for clause (115), the following clause
shall be substituted, namely:- '(115) "tour operator" means
any person engaged in the business of planning, scheduling,
organising or arranging tours (which may include arrangements
for accommodation, sightseeing or other similar services)
by any mode of transport, and includes any person engaged
in the business of operating tours in a tourist vehicle or
a contract carriage by whatever name called, covered by 72.
If any person, liable to pay service tax,-
(a) fails to furnish the return under section
70;
(b) having made a return, fails to assess
the tax in accordance with the provisions of this Chapter
or rules made there under, the Central Excise Officer, may
require the person to produce such accounts, documents or
other evidence as he may deem necessary and after taking into
account all the relevant material which is available or which
he has gathered, shall by an order in writing, after giving
the person an opportunity of being heard, make the assessment
of the value of taxable service to the best of his judgment
and determine the sum payable by the assessee or refundable
to the assessee on the basis of such assessment.';
(E) for section 77, the following section
shall be substituted, namely:-
"77. (1) Any person,-
(a) who is liable to pay service tax, or
required to take registration, fails to take registration
in accordance with the provisions of section 69 or rules made
under this Chapter shall be liable to pay a penalty which
may extend to five thousand rupees or two hundred rupees for
every day during which such failure continues, whichever is
higher, starting with the first day after the due date, till
the date of actual compliance;
(b) who fails to keep, maintain or retain
books of account and other documents as required in accordance
with the provisions of this Chapter or the rules made thereunder,
shall be liable to a penalty which may extend to five thousand
rupees;
(c) who fails to-
(i) furnish information called by an officer
in accordance with the provisions of this Chapter or rules
made thereunder; or
(ii) produce documents called for by a
Central Excise Officer in accordance with the provisions of
this Chapter or rules made thereunder; or
(iii) appear before the Central Excise
Officer, when issued with a summon for appearance to give
evidence or to produce a document in an inquiry, shall be
liable to a penalty which may extend to five thousand rupees
or two hundred rupees for every day during which such failure
continues, whichever is higher, starting with the first day
after the due date, till the date of actual compliance;
(d) who is required to pay tax electronically,
through internet banking, fails to pay the tax electronically,
shall be liable to a penalty which may extend to five thousand
rupees;
(e) who issues invoice in accordance with
the provisions of the Act or rules made thereunder, with incorrect
or incomplete details or fails to account for an invoice in
his books of account, shall be liable to a penalty which may
extend to five thousand rupees.
(2) Any person, who contravenes any of the
provisions of this Chapter or any rules made there under for
which no penalty is separately provided in this Chapter, shall
be liable to a penalty which may extend to five thousand rupees.";
value of the land accordingly.
(3) The competent authority shall, before
assessing and determining the market- value of the land being
acquired under this Act,-
(a) ascertain the intended land use category
of such land; and
(b) take into account the value of the
land of the intended category in the adjoining areas or vicinity,
for the purpose of determination of the market-value of the
land being acquired.
(4) In determining the market-value of the
building and other immovable property or assets attached to
the land or building which are to be acquired, the competent
authority may use the services of a competent engineer or
any other specialist in the relevant field, as may be considered
necessary by the competent authority.
(5) The competent authority may, for the
purpose of determining the value of trees and plants, use
the services of experienced persons in the field of agriculture,
forestry, horticulture, sericulture, or any other field, as
may be considered necessary by him.
(6) For the purpose of assessing the value
of the standing crops damaged during the process of land acquisition
proceedings, the competent authority may utilise the services
of experienced persons in the field of agriculture as he considers
necessary.
20H. Deposit and payment of amount. (1)
Deposit and payment of amount.- The amount determined under
section 20F shall be deposited by the Central Government,
in such manner as may be prescribed by that Government, with
the competent authority before taking possession of the land.
(2) As soon as may be after the amount has
been deposited under sub-section (1), the competent authority
shall on behalf of the Central Government pay the amount to
the person or persons entitled thereto.
(3) Where several persons claim to be interested
in the amount deposited under sub-section (1), the competent
authority shall determine the persons who in its opinion are
entitled to receive the amount payable to each of them.
(4) If any dispute arises as to the apportionment
of the amount or any part thereof or to any person to whom
the same or any part thereof is payable, the competent authority
shall refer the dispute to the decision of the principal civil
court of original jurisdiction within the limits of whose
jurisdiction the land is situated.
(5) Where the amount determined under section
20F by the arbitrator is in excess of the amount determined
by the competent authority, the arbitrator may award interest
at nine per cent. per annum on such excess amount from the
date of taking possession under section 20-I till the date
of actual deposit thereof.
(6) Where the amount determined by the
arbitrator is in excess of the amount determined by the competent
authority, the excess amount together with interest, if any,
awarded under sub-section (5) shall be deposited by the Central
Government, in such manner as may be prescribed by that Government,
with the competent authority and the provisions of sub-sections
(2) to (4) shall apply to such deposit. Power to take possession.
20-I. Power to take possession. (1) Where
any land has vested in the Central Government under sub-section
(2) of section 20E, and the amount determined by the competent
authority under section 20F with respect to such land has
been deposited under sub-section (1) of section 20H with the
competent authority by the Central Government, the competent
authority may, by notice in writing, direct the owner as well
as any other person who may be in possession of such land
to surrender or deliver possession thereof to the competent
authority or any person duly authorised by it in this behalf
within a period of sixty days of the service of the notice.
(2) If any person refuses or fails to comply
with any direction made under sub-section (1), the competent
authority shall apply-
(a) in case of any land situated in any
area falling within the metropolitan area, to the Commissioner
of Police;
(b) in case of any land situated in any
area other than the area referred to in clause (a), to the
Collector of a district, and such Commissioner or Collector,
as the case may be, shall enforce the surrender of the land,
to the competent authority or to the person duly authorised
by it. Right to enter into land where land has vested in Central
Government.
20J. Right to enter into land where land
has vested in Central Government. Where the land has vested
in the Central Government under section 20E, it shall be lawful
for any person authorised by the Central Government in this
behalf, to enter and do other act necessary upon the land
for carrying out the building, maintenance, management or
operation of the special railway project or part thereof or
any other work connected therewith.
20K. Competent authority to have certain
powers of civil court.- 5 of 1908.The competent authority
shall have, for the purposes of this Act, all the powers of
a civil court while trying a suit under the Code of Civil
Procedure, 1908 in respect of the following matters, namely:-
(a) summoning and enforcing the attendance
of any person and examining him on oath;
(b) requiring the discovery and production
of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from
any court or office;
(e) issuing commission for examination
of witnesses. Utilisation of land for the purpose it is acquired.
20L Utilisation of land for the purpose
it is acquired.. (1) The land acquired under this Act shall
not be transferred to any other purpose except for a public
purpose, and after obtaining the prior approval of the Central
Government.
(2) When any land or part thereof, acquired
under this Act remains unutilised for a period of five years
from the date of taking over the possession, the same shall
return to the Central Government by reversion. Sharing with
landowners the difference in price of a land when transferred
for a higher considera-tion.
20M. Sharing with landowners the difference
in price of a land when transferred for a higher considera-tion.-
Whenever any land acquired under this Act is transferred to
any person for a consideration, eighty per cent. of the difference
in the acquisition cost and the consideration received, which
in no case shall be less than the acquisition cost, shall
be shared amongst the persons from whom the lands were acquired
or their heirs, in proportion to the value at which the lands
were acquired, and for the purpose, a separate fund may be
maintained which shall be administered by the competent authority
in such manner as may be prescribed by the Central Government.
20N. Nothing in the Land Acquisition Act,
1894 shall apply to an acquisition under this Act. Application
of the National Rehabilitation and Resettlement Policy, 2007
to persons affected due to land acquisition.
20-O. Application of the National Rehabilitation
and Resettlement Policy, 2007 to persons affected due to land
acquisition. The provisions of the National Rehabilitation
and Resettlement Policy, 2007 for project affected families,
notified by the Government of India in the Ministry of Rural
Development vide number F.26011/4/2007-LRD, dated the 31st
October, 2007, shall apply in respect of acquisition of land
by the Central Government under this Act. Power to make rules
in respect of matters in this Chapter.
20P. Power to make rules in respect of
matters in this Chapter. (1) The Central Government may, by
notification, make rules to carry out the purposes of this
Chapter. (2) In particular, and without prejudice to the generality
of the foregoing power, such rules may provide for all or
any of the following matters, namely:-
(a) the manner of appointment of arbitrator
under sub-section (6) of section 20F;
(b) the manner in which the amount shall
be deposited with the competent authority under sub-sections
(1) and (6) of section 20H;
(c) the manner of maintenance and administration
of separate fund for the purposes of section
20M. Repeal and savings. The Railways (Amendment)
Ordinance, 2008 is hereby repealed. (2) Repeal and savings.
Notwithstanding such repeal, anything done or any action taken
under the principal Act, as amended by the said Ordinance,
shall be deemed to have been done or taken under the corresponding
provisions of the principal Act, as amended by this Act. |
