Indian Embassies Woldwide

Afghanistan
Embassy of India, Kabul
Malalaiwat, Shar-e-Naw,
Kabul, Afghanistan.
Phone: +873-763095560
Fax: +873-763095561
Website: http://www.eoi.gov.in/kabul/

Consulate General of India, Mazar-e-Sharif
Karte Zahiruddin Faryabi
Near Almas Wedding HallKarte Khuja Abjosh
Mazar-e-Sharif
Phone: +93-0702020268 (CG), 0702020271 (Consul)
Email: cg.mesharif@mea.gov.in (CG), hoc.mesharif@mea.gov.in (General), cons.mesharifmea.gov.in
Twitter: https://twitter.com/IndianConsMazar

Consulate General of India, Herat
East of Bagh Millat, Roodaki Road,
5th Sub District, Herat
Phone: +93-(40)221145/258263
Email: cg.herat@mea.gov.in, hoc.herat@mea.gov.in, cons.herat@mea.gov.in
Twitter: https://twitter.com/IndianConsHerat

Consulate General of India, Kandahar
Shahr-e-Nau, District 6,
Kandahar-Herat Road,
Kandahar, Afghanistan.
Phone: 0703750087 (Consul General), 0704069400 (Consul Admin), 0700320746 (Consul Cons/Com)
Email: cg.kandahar@mea.gov.in , cons.kandahar@mea.gov.in, hoc.kandahar@mea.gov.in

Consulate General of India, Jalalabad
Ilaka No.2, Habibabad,
Jalalabad, Afghanistan.
Phone: 00-93-75-600-3163, 079-033-6868, 079-397-0123 & 075-600-3162
Satellite Phone: 00-870-763-096-146
Fax: 00-870-763-096-147(Satellite Fax)
Email: cg.jalalabad@mea.gov.in , hoc.jalalabad@mea.gov.in

Algeria
Embassy of India, Algiers
14, rue des Abassides,
El Biar
BP 108, 16030 Algiers, Algeria
Phone: 00-213-21-923288/923444 (Gen. Nos.)
Fax: 00-213-21-924011
Email: amb.algiers@mea.gov.in (Amb), hoc.algiers@mea.gov.in (HOC), cons.algiers@mea.gov.in (Consular) , com.algiers@mea.gov.in (Commercial)
Website: http://www.indianembassyalgiers.org

Angola
Embassy of India, Luanda
House No. 47
Comandante Nzaji Street
Alvade, Luanda
Phone: 00-244-222-371 089, 00-244-222371 094
Fax: 00-244-222-371 094
Email: amb.luanda@mea.gov.in , hoc.luanda@mea.gov.in
Website: http://www.indembangola.org/

Argentina
Embassy of India, Buenos Aires
Torre Madero, 19th Floor
Avenida Eduardo Madero 942
Buenos Aires – C1106ACW, Argentina
Phone: 00-54-11-4393 4001/ 00-54-11-4393 4156
Fax: 00-54-11-4393 4063
Email: hoc.buenos@mea.gov.in
Website: http://www.indembarg.org.ar/

Armenia
Embassy of India, Yerevan, Armenia
50/2 Dzorapi Street,
Yerevan-0019 (Armenia)
Phone: (00-374-10) 539173/539174/539175
Fax: (00-374-10) 533984
Email: ambassador@embassyofindia.am, hoc@embassyofindia.am, amb_office@embassyofindia.am, attache@embassyofindia.am, administration@embassyofindia.am, itec@embassyofindia.am, commercial@embassyofindia.am, interpreter@embassyofindia.am
Website: http://www.indianembassy.am/

Australia
The High Commission of India in Australia
3 Moonah Place,
Yarralumla,
Australian Capital Territory – 2600
Phone: +61-2-62733999
Fax: +61-2-62731308 (Office), +61-2-62733328 (HC), +61-2-62734917 (DHC), +61-2-6273 7943 (DA)
Email: hc.canberra@mea.gov.in (High Commissioner), dhc.canberra@mea.gov.in (Deputy High Commissioner), fscons.canberra@mea.gov.in (First Secretary Cons), hoc.canberra@mea.gov.in (HOC), consular1@hcindia-au.org (Consular), is@hcindia-au.org (Information Section)
Website: http://www.hcindia-au.org/

Consulate General of India, Melbourne
344, St. Kilda Road, Melbourne,VIC 3000
33247 Domain LPO Vic 3004
Melbourne
Phone: +61-3-9682 7836
Consular Enquiries Phone: +61-3-9682 5800 (9:30am-12:30noon Only)
Fax: +61-3-9696 8251
Email: consular@cgimelb.org
Website: http://www.cgimelb.org/

Consulate General of India, Perth
Level 6
12 St. Georges Terrace
Perth WA 6000
Phone: 0061-8-9221 4205
Fax: 0061-8-9221 7039
Email: cg.perth@mea.gov.in (Office of Consul General), hoc.perth@mea.gov.in (Office of Head of Chancery), cons.perth@mea.gov.in (Counsular Section)
Website: http://www.cgiperth.org/

Consulate General of India, Sydney
Level 1
265 Castlereagh Street
Sydney, NSW 2000
Australia
Phone: +61-2-9223-2702
Fax: +61-2-9231-2299, +61-2-9223-3358 (Consular Services)
Email: ccons@indianconsulatessydney.org (Consular Services), cons1.sydney@mea.gov.in (Consular Services), indian@indianconsulatesydney.org (General), trade@indianconsulatesydney.org (Trade & Investment)
Website: http://cgisydney.org/

Austria
Embassy of India, Vienna
Kärntner Ring 2,
Vienna
A-1015
Phone: +43 1 505 86 66
Fax: +43 1 505 92 19
Email: emb.vienna@mea.gov.in
Website: http://www.indianembassy.at/

Azerbaijan
Embassy of India, Baku, Azerbaijan
302 Jeyhun Hajibeyli Street
Ganjlik, Narimanov District
Baku, AZ 1069 [Azerbaijan]
Phone: [+994 12]564 6344, 564 63 54
Fax: [+994 12]447 25 72
Email: amb.baku@mea.gov.in, hoc.baku@mea.gov.in, admin.baku@mea.gov.in, cons.baku@mea.gov.in
Website: http://www.indianembassybaku.in/

Bahrain
Embassy of India, Bahrain
P.O. Box 26106
Building 182, Road 2608, Area 326
Adliya, Manama, Bahrain
Phone: 00-973-17712683, 17712649, 17712785, 17713509
Fax: 00-973-17715527 (Gen), 17717363 (Amb Off), 17710329 (Cons), 17716149 (Labour), 17717908 (Com)
Email: amb.bahrain@mea.gov.in, hoc.bahrain@mea.gov.in, pol.bahrain@mea.gov.in, wel.bahrain@mea.gov.in, com.bahrain@mea.gov.in cons.bahrain@mea.gov.in adm.bahrain@mea.gov.in info.bahrain@mea.gov.in
Website: http://www.eoi.gov.in/bahrain/

Bangladesh
High Commission of India, Dhaka
House No. 2,
Road No.142, Gulshan-1
Dhaka, Bangladesh
Phone: Reception: 00880-2-9889339, EPABX: 00880-2-9888789-91 and 8820243-47,
Fax: 00880-2-9893050
Email:
Website: http://www.hcidhaka.gov.in

Assistant High Commission of India, Chittagong
Bangladesh, Plot No. 2111, Zakir Hossain
Road, Khulshi, Chittagong.
Phone: (880-31)-654201, 654148
Fax:
Email: ahc@colbd.net,

Assistant High Commission of India, Rajshahi, Bangladesh
House No. 284/2, Housing Estate Sopura Uposhahar
Rajshahi, Bangladesh.
Phone: 0721-861213 (9 A.M. to 5:30 P.M. Sunday to Thursday)
Fax: 0088-0721-861211, 0088-0721-760511
Email: hoc.rajshahi@mea.gov.in
Website: http://www.ahcirajshahi.org/

Belarus
Embassy of India, Minsk
Ulitsa Sobinova 63
Minsk -220040, Belarus
Phone: +375-17-2629399 (0900 – 1300 Hrs and 1330 – 1730 Hrs from Monday to Friday)
Fax: +375-17-2884799, 2161896
Email: amb.minsk@mea.gov.in (General), hoc.minsk@mea.gov.in (Political & Commerce) & HOC, co@indemb.bn.by (Commerical Assistant), com.minsk@mea.gov.in (Commerical Assistant)
Website: http://www.indembminsk.in/

Belgium
Embassy of India, Belgium, Luxembourg & the European Union
217, Chaussee de Vleurgat,
1050 Brussels,
Belgium
Phone: +32 (0)2 6409140 & +32 (0)2 6451850, +32 (0) 2 6466872 (After office hours)
Fax: +32 (0)2 6451869 (Consular wing) & +32 (0)2 6489638 (Chancery)
Email: consular@indembassy.be (Passport & Visa wing)
Website: http://www.indembassy.be/

Bhutan
Embassy of India, Thimphu
PO Box:193
Jungshina
Thimphu
Phone: +975-2-322162
Fax: +975-2-323195
Email: eoiss@druknet.bt (FS Eco), hocbht@druknet.bt (HOC), consbht@druknet.bt (Consular), amb.thimphu@mea.gov.in (Ambassador), dcm.thimphu@mea.gov.in (DCM)
Website: http://www.indianembassythimphu.bt/

Consulate General of India, Phuentsholing
Maysel Apartment, Near Bank Colony,
Phuentsholing, Bhutan.
Phone: 00-975-5-252101
Fax: 00-975-5-252992
Email: hop.psling@mea.gov.in
Website: http://www.consulatephuentsholing.nic.in/

Botswana
High Commission of India, Gaborone
Plot No 5375, President’s Drive
P.O. Box: 249
Gaborone, Botswana
Phone: 267-3972676
Fax: 267-3974636
Email: commerce@hci.org.bw (Commerce & Consular)/HOC, hoc.gaborone@mea.gov.in (PPS/Political), itec@hci.org.bw (ITEC & Culture), consular@hci.org.bw (consular), accounts@hci.org.bw (Admn & Accounts), administration@hci.org.bw (Administration), hcoffice@hci.org.bw (HOC)
Website: http://www.hcigaborone.org.bw/

Brazil
Embassy of India, Brasilia
SES 805 Lote 24
Brasília DF
CEP:70.452-901
Brazil
Phone: +55 (61)3248-4006/+55 (61) 3248-5145
Fax: +55 (61)3248-7849/+55 (61) 3248-5486
Email: reception@indianembassy.org.br,
Website: http://www.indianembassy.org.br/

Consulate General of India, Sao Paulo
Av. Paulista 925, 7th Floor,
CEP-01311-100,
Sao Paulo, SP
Phone: (0055-11) 32793780 & 32793773
Fax:
Email: cg@cgisaopaulo.in(Consul General), consul.hoc@cgisaopaulo.in (HOC), visa@cgisaopaulo.in (Visa related issues), passport@cgisaopaulo.in (Passport, OCI, Consular Cert, PCC & attestaion issues), consular@cgisaopaulo.in (Other Misc. issues & to track the sent Visa Applications), consul.com@cgisaopaulo.in (Commerce), com@cgisaopaulo.in (Commerce), cg.office@cgisaopaulo.in (PA to CG)
Website: http://www.indiaconsulate.org.br/

Brunei Darussalam
High Commission of India, Bandar Seri Begawan
“Baitussyifaa”, Simpang 40-22
Jalan Sungai Akar, Bandar Seri
Begawan, BC 3915, Brunei
Darussalam
Phone: +673 233 9947 / 233 9685
Fax: +673 233 9783
Email: hicomind@brunet.bn
Website: http://www.hcindiabrunei.org.bn/

Bulgaria
Embassy of India, Sofia
4 Alfred Nobel Street,
Geo Milev, Sofia 1113,
Bulgaria
Phone: +359 2 963 56 75, +359 2 963 56 76, +359 2 963 56 77
Fax: +359 2 963 56 86
Email: ambassador@indembsofia.org (Ambassador), hoc@indembsofia.org (HOC), administration@indembsofia.org (Administration), consular@indembsofia.org (Consular)
Website: http://www.indembsofia.org/

Cambodia
Embassy of India, Phnom Penh
No. 5, Street 466,
Phnom Penh, Cambodia
Phone: (+855-23) 210912 / 210913
Fax: (+855-23) 213640 / 210914
Email: amb.phnompenh@mea.gov.in, embindia@online.com.kh
Website: http://www.indembassyphnompenh.org/

Canada
High Commission of India, Ottawa
10, Springfield Road
Ottawa, Ontario
K1M 1C9
Phone: 613 744 3751, 613 744 3752, 613 744 3753
Fax: 613 744 3033 / 613 744 0913.
Email: hicomind@hciottawa.ca,
Website: http://www.hciottawa.ca/

Consulate General of India, Toronto
365 Bloor Street East, 7th Floor,
Toronto, ON M4W3L4
Canada.
Phone: 416-960-0751, 416-960-0752, 416-960-4831, 416-960-8173
Fax: 416-960-9812
Email: conshoc@cgitoronto.ca (HOC), cgindia@cgitoronto.ca (Consul General)
Website: http://www.cgitoronto.ca/

Consulate General of India, Vancouver
#201-325, Howe Street,
Vancouver, BC, V6C 1Z7
Canada
Phone: (604)662-8811
Fax: (604)682-2471
Email: indiacg@telus.net (Consul General), indiacpv@telus.net (Consular, Passport, Visa & Community Affairs) indiahoc@telus.net (HOC), indiacons@telus.net (Passport), indiatradecom@telus.net (Commerce), indiapscg@telus.net (CGO & OCI), indiavisa@telus.net (Visa & Attestation),
Website: http://www.cgivancouver.org/

Chile
Embassy of India, Santiago
971 Alcantara
Post Box No. 10433
Santiago, Chile.
Phone: (56-2)22284141/22286857/22289743/22634103
Fax: (56-2)23217217/22061959
Email: amb.santiago@mea.gov.in, hoc.santiago@mea.gov.in, com@embajadaindia.cl,
Website: http://www.embajadaindia.cl/

China
Embassy of India, Beijing
5, Liang Ma Qiao Bei Jie
Chaoyang District, Beijing
People’s Republic of China
Phone: 00-86-10-85312500/2501/2502/2503
Fax: 00-86-10-85312515
Email: hoc.beijing@mea.gov.in (HOC), amboff@indianembassy.org.cn (Amb), dcm@indianembassy.org.cn (DCM)
Website: http://www.indianembassy.org.cn/

Consulate General of India, Shanghai
1008, Shanghai International Trade Centre,
2201, Yan An [West] Road,
Shanghai -200336, P.R. China.
Phone: 00-86-21-62758882 / 85 / 86
Fax: 00-86-21-62758881, 62956892 (Consular Wing)
Email: ccom@indianconsulate.org.cn (Commerce), cgvp@indianconsulate.org.cn (General), cg.shanghai@mea.gov.in (CG), hoc.shanghai@mea.gov.in (HOC), cinf@indianeconsulate.org.cn, vcons@indianconsulate.org.cn (Visa & Admin)
Website: http://www.indianconsulate.org.cn

Consulate General of India, Hong Kong
16-D, United Centre, 95 Queensway,
Admiralty, Hong Kong SAR, China.
[*Also administrative/consular jurisdiction for Macau (SAR, PRC)].
Phone: 00-852-39709900, 00-852-39709922
Fax: 00-852-28664124(Gen), 25281647 (Visa)
Email: cg.hongkong@mea.gov.in (CG), hoc.hongkong@mea.gov.in (HOC), consular@cgihk.gov.in (Consular), commerce@cgihk.gov.in (Commerce), eco@cgihk.gov.in (Economic), consular@cgihk.gov.in (Consular), visa@cgihk.gov.in (Visa)
Website: http://www.cgihk.gov.in/

Consulate General of India, Guangzhou
1-4, 14th Floor, Haihang Dasha
(HNA) Tower, 8 Linhe Zhong Road,
Tianhe Distt., Guangzhou-510610,
People s Republic of China.
Phone: 00-86-20-85501501 to 05
Fax: 00-86-20-85501510 (General); 85501513 (Consular)
Email: cg.guangzhou@mea.gov.in (CG), hoc.guangzhou@mea.gov.in (administration), com.guangzhou@mea.gov.in (commerce), visa.guangzhou@mea.gov.in (visa), cons2.guangzhou@mea.gov.in (Consular), consulic.guangzhou@mea.gov.in (Culture Press and Indian community Welfare), cons.guangzhou@mea.gov.in (Passports), cgo.guangzhou@mea.gov.in (CGs Office)
Website: http//www.cgiguangzhou.gov.in

Colombia
Embassy of India, Bogota
Calle 116 # 7-15 Int. 2 Of. 301,
Torre Cusezar
Bogota D.C., Colombia.
Phone: (+57 1)6373259,6373279,6373280, 6373289
Fax: (+57 1)6373451
Email: consular@embajadaindia.org (Consular Services), comercial@embajadaindia.org (Marketing & International Trade), cultural@embajadaindia.org (Cultural Relations),
Website: http://www.embajadaindia.org/

Congo [Democratic Republic]
Embassy of India, Kinshasa
18-B, Avenue Batetela, C/Gombe,
Kinshasa
[Concurrently accredited to Republic of Congo, Gabon and Central African Republic].
Phone: 00243-971000490/91/92
Email: amb@indembassykin.org(Ambassador), amboffice@indembassykin.org (AMB Office), cons@indembassykin.org(Consular), com@indembassykin.org (Trade), sspol@indembassykin.org (Political), hoc@indembassykin.org (HOC)
Website: http://www.eoi.gov.in/kinshasa

Cote d Ivoire [Ivory Coast]
Embassy of India, Abidjan
Villa No.2728, ILot 229, 7eme
Tranche, II-Plateaux, Abidjan
Postal Address: 06 BP 318, Abidjan 06
Phone: 00-225-2242 3769 / 7079 / 1851 / 1884
Fax: 00-22522426649
Email: amb.abidjan@mea.gov.in, amb.office@eoiabidjan.org, hoc.abidjan@mea.gov.in
Website: http://www.eoiabidjan.org

Croatia
Embassy of India, Zagreb
Bijenik 152b,
10000 Zagreb, Croatia
Consular Section Timings: Mon – Fri, 09:00-12:00 hrs
Phone: +385-1 4873239 Chancery / 4873240 (Consular Helpline)
Fax: +385-1 4817907
Email: amb.zagreb@mea.gov.in (Ambassador), hoc.zagreb@mea.gov.in (HOC)
Website: http://www.indianembassy.hr/

Cuba
Embassy of India, Havana
Calle 21, No. 202 Esquina a ‘K’,
Vedado Plaza, Havana, Cuba
Phone: 00-53-7-8333777, 8333169, 8381700
Fax: 00-53-7-8333287
Email: amb.havana@mea.gov.in (Ambassador), hoc.havana@mea.gov.in (Head of Chancery)
Website: http:www.eoi.gov.in/havana/

Cyprus
High Commission of India, Nicosia
No.3, Indira Gandhi Street, Montparnasse Hill,
P.O. Box 25544
Engomi-2413 Nicosia, Cyprus.
Phone: +357 22-351741 / 22-351170
Fax: +357 22-352062
Email: hc.nicosia@mea.gov.in, hoc.nicosia@mea.gov.in
Office Hours: Mon to Fri – 8:00a.m. to 4:30p.m. (Lunch 12:15p.m. to 12:45p.m.)
Website: http://www.hci.gov.innicosia/

Czech Republic
Embassy of India, Prague
Milady Horakove 93/60
Holesovice, Praha 7, Czech Republic.
Consular Section working hours: (Receipt of applications: 09:30 – 12:00 / Delivery 16:00 – 17:00)
Phone: 00-420-257533490 (In case of consular emergency – 00-420-733640703; 257533562; 257107026)
Fax: 00-420-257533378 (Ambassador); 00-420-257533285 (Chancery)
Email: ambassador@india.cz, amb.prague@mea.gov.in, hoc.prague@mea.gov.in
Website: http://www.india.cz/

Denmark
Embassy of India, Copenhagen
Vangehusvej 15,
2100 Copenhagen,
Denmark.
Phone: 0045-39182888
Fax: 0045-39270218
Email: amb.copenhagen@mea.gov.in (Ambassador), cons1.copenhagen@mea.gov.in (Counsellor), commercial@indian-embassy.dk (Commercial Officer)
Website: http://www.indian-embassy.dk/

Egypt
Embassy of India, Cairo
5 Aziz Abaza Street,
Zamalek, PO Box No. 718
Cairo, Egypt.
Consular Section: 2nd Floor, Abu El Fida Building, No. 3, Abu El
Fida Street, Zamalek, Cairo
Working Hours: 0930-1130 (Receipt of applications); 13:00-15:00 (Delivery)
Phone: 00-202-27360052, 27363051, 27356053
Fax: 00-202-27364038, 27382965(DCM), 23936702(Info)
Email: amb.cairo@mea.gov.in (Amb), dcm.cairo@mea.gov.in (DCM), hoc.cairo@mea.gov.in (HOC), info.cairo@mea.gov.in (SS-info), com.cairo@mea.gov.in (SS-Com)
Website: http://www.indembcairo.com/

Ethiopia
Embassy of India, Addis Ababa
Arada District, Kebele-14 [Next to Bel Air Hotel],
H.No.224, Around Aware, PO Box No.528,
Addis Ababa, Ethiopia
Phone: 00-251-11-1235538/39/40/41
Fax: 00-251-11-1235547/48
Email: hoc.addisababa@mea.gov.in
Website: http://www.indembassyeth.in/

Fiji
High Commission of India, LICI
Building, Level 7, Butt Street, Suva, Republic of Fiji
Phone: (679)-3301125
Fax: (679)-3301032
Email: admn.suva@mea.gov.in
Website: http://www.indianhighcommissionfiji.org/

Finland
Embassy of India, Helsinki
32, Kulosaarentie
00570 Helsinki, Finland.
Working Hours: 08:30 hrs. – 17:00 hrs.
Phone: 00-358-9-22899110-22899119
Fax: 00-358-9-6221208
Email: amb.helsinki@mea.gov.in, hoc.helsinki@mea.gov.in, cons.helsinki@mea.gov.in
Website: http://www.indianembassy.fi/

France
Embassy of India, Paris
13-15, Rue Alfred Dehodencq,
75016 Paris, France.
Acceptance of documents: 09:30 to 12:00 hrs. Disbursal of documents 16:00 to 17:00 hrs.
Phone: 00 33 1 40 50 70 70
Fax: 00 33 1 40 50 09 96
Email: dcm.paris@mea.gov.in, hoc.paris@mea.gov.in , cons.paris@mea.gov.in, eco.paris@mea.gov.in,pic.paris@mea.gov.in
Website: http://www.ambinde.fr/

Germany
Embassy of India, Berlin
Tiergartenstrasse 17
10785 Berlin, Germany.
Phone: +49 30 2579 50 (PABX), +49 30 2579 5101 (After office hours in case of emergency)
Fax: +49 30 2655 7000
Email: amboffice.berlin@mea.gov.in, dcmoffice.berlin@mea.gov.in, def.berlin@mea.gov.in, itou.berlin@mea.gov.in, pol.berlin@mea.gov.in, com.berlin@mea.gov.in, pni.berlin@mea.gov.in, hoc.berlin@mea.gov.in, cons.berlin@mea.gov.in
Website: http://www.indianembassy.de/

Consulate General of India, Frankfurt
Friedrich-Ebert-Anlage 26,
60325 Frankfurt, AM Main,
Germany
Phone: +49 69 1530050, +49 69 15300528/556(after office hours)
Fax: +49 69 554125
Email: visa@cgifrankfurt.de, passport@cgifrankfurt.de, commerce@cgifrankfurt.de
Website: http://www.cgifrankfurt.de/

Consulate General of India, Hamburg
Graumannsweg 57,
22087, Hamburg, Germany.
Phone: +49 40 338036
Fax: +49 40 323757
Email: cgihh@aol.com
Website: http://www.cgihamburg.de/

Consulate General of India, Munich
Widenmayerstrasse 15,
80538 Munich, Germany.
Phone: +49 89 21023920
Fax: +49 89 21023970
Email: ccpv@cgimunich.com, hoc@cgimunich.com, cpic@cgimunich.com
Website: http://www.cgimunich.com

Ghana
High Commission of India, Accra
No.9, Ridge Road, Roman Ridge,
PO Box: CT-5708, Cantonments, Accra (Ghana)
Phone: +233-307020903/307020904/307020905 – Even after office hours and in case of any Emergency
Fax: +233-302772176
Email: hc.accra@mea.gov.in (High Commissioner), hoc.accra@mea.gov.in (HOC)
Website: http://www.indiahc-ghana.com/

Greece
Embassy of India, Athens
No.3, Kleanthous Street,
10674 Athens, Greece.
Phone: +30-210-7216227; 7216481
Fax: +30-210-7211252; 7245129
Email: ambassador@indianembassy.gr, hoc@indianembassy.gr, amb.athens@mea.gov.in, hoc.athens@mea.gov.in, embassy@indianembassy.gr, cons.athens@mea.gov.in
Website: http://www.indianembassy.gr/

Guatemala
Embassy of India, Guatemala City
8 Avenida 15-07, Zone 10, Guatemala City
Postal Code 01010
Phone: 00-502-2508-881 / 2508-8162
Fax: 00-502-2219-6466
Email: amb.guatemala@mea.gov.in, hoc.guatemala@mea.gov.in, cons.guatemala@mea.gov.in
Website: http://www.indemguatemala.org/

Guyana
High Commission of India, Georgetown
307, Church Street, Queenstown,
Georgetown, Guyana
Phone: 592-226-3996 or 226-8965 or 226-3240
Fax: 592-225-7012
Email: hc.georgetown@mea.gov.in (HC), hoc.georgetown@mea.gov.in (HOC), cons.georgetown@mea.gov.in (Consular), info.georgetown@mea.gov.in (Information Wing), com.georgetown@mea.gov.in (Commercial Wing)
Website: http://www.hcigeorgetown.org/

Hungary
Embassy of India, Budapest
H-1025
Budapest Buzavirag u. 14, Hungary
Phone: 0036-1-325-7742 / 43
Fax: 0036-1-325-7745
Email: chancery@indianembassy.hu,
Website: http://www.indianembassy.hu/

Iceland
Embassy of India, Reykjavik
17, Skulagata, Reykjavik 101,
Iceland.
Phone: +354-5349955
Fax: +354-5349959
Email: gen@indianembassy.is, info@indianembassy.is, sscons@indianembassy.is
Website: http://www.indianembassy.is/

Indonesia
Embassy of India, Jakarta
Jalan H.R. Rasuna Said Kav.S-1,
Kuningan, Jakarta-12950.
Phone: 00-62-21-5204150, 5204152, 5204157, 5264931
Fax: 00-62-21-5204160, 5265622 (Chancery), 5226833 (Consular)
Email: amb.jakarta@mea.gov.in, dcm.jakarta@mea.gov.in, da.jakarta@mea.gov.in, com.jakarta@mea.gov.in, hoc.jakarta@mea.gov.in, cons.jakarta@mea.gov.in, asean.jakarta@mea.gov.in, jnicc.jakarta@mea.gov.in, info.jakarta@mea.gov.in
Website: http://www.indianembassyjakarta.com/

Consulate General of India, Medan
19, JI. Uskup Agung A.
Sugiopranoto – Medan-20152,
Indonesia.
Phone: 00-62-61-4556452, 4531308, 4522169
Fax: 00-62-61-4531319
Email: cg.medan@mea.gov.in (CG)
Website: http://www.congendiamedan.or.id/

Consulate General of India, Bali
JI.Raya Puputan, No 163, Renon
Denpasar, Bali 80235
Denpasar-Bali, Indonesia
Phone: 0062-361-259502, 259503
Fax: 0062-361-222253 (Chancery), 259505 (Consular)
Email: cg.bali@mea.gov.in (CG), hoc.bali@mea.gov.in (Admn), cul.bali@mea.gov.in (Cultural)
Website: http://www.cgibali.in/

Iran
Embassy of India, Tehran
22, Mir Emad Street (Corner of 9th alley),
Dr. Beheshti Avenue,
Tehran, Iran
Phone: 0098-21-88755103-5 (General), 0098-21-88755102 (Visa Enquiry)
Fax: 0098-21-88755973
Email: hoc.tehran@mea.gov.in (General) cons.tehran@mea.gov.in (Consular) , com.tehran@mea.gov.in (Commerce)
Website: http://www.indianembassy-tehran.ir/

Consulate of India, Zahedan
Ayatollah Kafemi Avenue,
Near Gurdwara (Sikh Temple),
Zahidan, Sistan Baluchistan Province, Iran
Phone: 00-98-541-3222337
Fax: 00-98-541-3221740
Email: consindia_zahidan@yahoo.com

Consulate of India, Bandar Abbas
43, Khiyaban-e-Hikmat,
Gulshehr (South),
PO Box No. 79145-1866,
Bandar Abbas, Iran.
Phone: 00-98-761-6661745, 6681800
Fax: 00-98-761-6664512
Email: hoc.babbas@mea.gov.in

Iraq
Embassy of India, Baghdad
Building No.22, Street No. 16
Mohalla No.609, Al Mansour District
Baghdad, Iraq.
Phone: 00-964 7704439731(M)-Amb; 00-964 7704439706(M)-HOC; 00-964 7704444899(Con); 00-870 772223446(SAT)
Email: amb.baghdad@mea.gov.in (Amb), hoc.baghdad@mea.gov.in (For Commercial/Education/ITEC matters)), hocoffice.baghdad@mea.gov.in (for ITEC/ICCR Scholarship matters) , cons.baghdad@mea.gov.in (For Consular/Labour/Visa/Passport matters)
Website: http://www.indianembassybaghdad.in/

Ireland
Embassy of India, Dublin
6, Leeson Park, Dublin-6,
Ireland.
Consular Section Working hours – 0930-1200 hrs for submission of documents, 1600-1700 hrs for collection of documents
Phone: 00353-1-4970843, 4966792, 4970969
Fax: 00353-1-4978074, 4966770
Website: http://www.indianembassy.ie/

Israel
Embassy of India, Tel Aviv
140 Hayarkon Street,
PO Box No.3368,
Tel Aviv-61033, Israel.
Phone: 00-972-3-5291999 / 1639 / 1663 / 1556, 00-972-3-5220631 (DCM) 5270715 (FS-E&C), 6037341 (HOC)
Fax: 00-972-3-5291953 (General); 5270821 (Commercial)
Email: indemtel@indembassy.co.il (General), indeftel@indembassy.co.il (Defence Attache), indpoltel@indembassy.co.il ( FS Pol), indinfo@indembassy.co.il (FS Cons, Cul & Info), hoc.telaviv@mea.gov.in (HOC), com.telaviv@mea.gov.in (Commercial Wing), indcons@indembassy.co.il (Consular Wing)
Website: http://www.indembassy.co.il/

Italy
Embassy of India, Rome
Via XX Settembre, 5, 00187 Rome,
Italy
Working hours of Consular Section: Receipt Passports and other Misc. Consular Services – 0930-1100 hrs / Visas (Individual)-1400-1530 hrs. Delivery 1700 to 1730 hrs.
Phone: +39 06 4884642 to 5
Fax: +39-06-4819539
Email: gen.email@indianembassy.it , amb.office@indianembassy.it (Ambassador) , admin.wing@indianembassy.it (HOC) , cons.wing@indianembassy.it (Consular Section)
Website: http://www.indianembassyrome.in/

Consulate General of India, Milan
Piazza Paolo Ferrari, 8
20121 Milan, Italy.
Phone: +39-02-8057691, +39 02 865337
Fax: +39-02-72002226
Email: cgi.milan@consolatoindia.in
Website: http://www.cgimilan.in/

Jamaica
High Commission of India, Kingston
27, Seymour Avenue, PO Box 446,
Kingston-6, Jamaica
Phone: 00-1-876- 9273114, 9274270
Fax: 00-1-876-9782801, 9780359
Email: hicomindkin@cwjamaica.com (General), hc.kingston@mea.gov.in (HC), hoc.kingston@mea.gov.in (HOC)
Website: http://www.hcikingston.com/

Japan
Embassy of India, Tokyo
2-2-11 Kudan-Minami,
Chiyoda-ku,
Tokyo – 102-0074, Japan.
Access: Kudanshita Station (Hanzomon, Shinjuku and Tozai Subway Lines) Exit 2
Phone: +81 3 3262-2391 to 97
Fax: +81 3 3234 4866
Email: embassy@indembassy-tokyo.gov.in
Website: http://www.indembassy-tokyo.gov.in/

Consulate General of India, Osaka-Kobe
10th Floor, Semba I.S. Bldg,
9-26, Kyutaro-machi,
1-Chome, Chuo-ku,
Osaka – 541-0056, Japan
Phone: (06)6261-7229 / 6261-9299
Fax: (06)6261-7201 / 6261-7799
Email: cgindia@gol.com
Website: http://www.indconosaka,org/

Jordan
Embassy of India, Amman
No. 13, Amr Bin Masadah Street, Jabal Amman, 1st Circle, Amman, Jordan
PO Box No.2168,
Amman 11181, Jordan.
Phone: 00962-6-4622098, 4637262
Fax: 00962-6-4659540, 4657123
Website: http://www.indembassy-amman.org/

Kazakhstan
Embassy of India, Astana
6/1, Kabanbai Batyr Avenue,
5th Floor, Kaskad Business Centre,
Astana, Kazakhstan.
Phone: 7 7172 925 700/701/702/703 (Emergency Numbers: +77012207607, +77012207608)
Fax: 7 7172 925 715/ 925 717
Email: amb.astana@mea.gov.in (Amb), hoc.astana@mea.gov.in (HOC), cons.astana@mea.gov.in, cons.almaty@mea.gov.in
Website: http://www.indembastana.in/

Kenya
High Commission of India, Nairobi
3, Harambee Avenue
Jeevan Bharati Building
PO Box No.30074-00100, NAIROBI, KENYA
Phone: +254 20 2222 566/7, 2225 104, 2224 500
Fax: +254 20 316 242, 224 8320, 221 1164
Email: hc.nairobi@mea.gov.in (High Commissioner), dhc.nairobi@mea.gov.in (Deputy High Commissioner), hoc.nairobi@mea.gov.in (Head of Chancery), passportvisa@hcinairobi.co.ke (visa enquiries) , cons.nairobi@mea.gov.in (passport-OCI-PIO related enquiries), com.nairobi@mea.gov.in (for commerical enquiries)
Website: http://www.hcinairobi.co.ke/

Assistant High Commission of India, Mombasa
3rd Floor, Bank of India Building
Nkrumah Road, PO Box No. 90164,
Mombasa, Kenya.
Phone: +254 41 2224433, 2311051
Fax: +254 41 2316740
Email: cimsa@swiftmombasa.com (General), ahc.mombasa@mea.gov.in (Assistant High Commissioner)
Website: http://www.hcinairobi.co.ke/

Korea [Republic of]
Embassy of India, Seoul
101, Hannam Dong, Dokseodang-ro, Yongasan-ku Seoul 04419
Republic of Korea (Working hours: 0900-1730 hrs)
Phone: 82-2-7984257, 7984268
Fax: 00-82-2-7969534
Email: hoc.seoul@mea.gov.in (HOC)
Website: http://www.indembassy.or.kr/

Korea [Demo. People s Republic]
Embassy of India, Pyongyang
6, Munsudong,
District Daedonggang,
Pyongyang, DPR Korea.
Help Line No. for Consular matters in Emergency: 00-850-3817274 (O), 3817216 (R), 00-850-1912500376 (M)
Consular Timings: 0900 – 1300 hrs & 1330 – 1730 hrs, Saturday and Sunday Closed
Phone: 00-850-2-3817215, 3817274 (O-Amb)
Fax: 00-850-2-3817619
Email: amb.pyongyang@mea.gov.in (Amb), hoc.pyongyang@mea.gov.in (HOC)

Kuwait
Embassy of India, Kuwait City
Diplomatic Enclave,
Arabian Gulf Street,
P.O. Box No. 1450 Safat,
13015-Safat, Kuwait.
Issue of token: 0730-1200 & 1400-1530 hrs; Submission: 0745-1300 & 1400-1600 hrs
Phone: 00965 22530612, 22530612, Consular Emergency Assistance 00-965-22530600
Fax: 00965 22546958
Email: contact@indembkwt.org, psamb@indembkwt.org, ambss@indembkwt.org, labour@indembkwt.org, counsellor@indembkwt.org, sscons@indembkwt.org, hoc@indembkwt.org, ssinfo@indembkwt.org
Website: http://www.indembkwt.org/

Kyrgyzstan
Embassy of India, Bishkek
100-A, Mahatma Gandhi Street,
Molodaya Gvardiya, Jibek Julu
Bishkek – 720010 (Kyrgyzstan) Phone: +996-312-979256, +996-312-979257, +996-312-979258
Fax: +996-312-979254
Consular helpline no. 00996-555719721 Working hours: 0900 hrs – 1730 hrs.
Email: amb.bishkek@mea.gov.in Ambassador, polsec.bishkek@mea.gov.in, hoc.bishkek@mea.gov.in FS (Pol)/HOC , pic.beshkek@mea.gov.in SS(Com/PIC)
Website: http://www.embassyofindia.kg/

Laos
Embassy of India, Vientiane
No. 125, Unit 7, Ban Saphanthong (Kang)
PO Box No. 225 Sisattanak District, Vientiane Laos
Consular Section Working Hours: Submissioin of Applications 9 to 11AM / Delivery 4 to 5PM
Phone: 00-856-21-352301 to 352303 (Help line for emergency consular assistance: 020-55527540)
Fax: 00-856-21-352300 and 00-856-21-313235
Email: amb.vientianne@mea.gov.in, hoc.vientianne@mea.gov.in, cons.vientianne@mea.gov.in, admn.vientianne@mea.gov.in
Website: http://www.indianembassylaos.org/

Lebanon
Embassy of India, Beirut
239, Ibrahim Abed El Aal Street, Ras Beirut
PO Box 113-5240
Beirut, Lebanon.
Phone: 00961-1-741270/735922/735856. HELPLINE No. 00961-76860128
Fax: 00961-1-741283
Email: amb.beirut@mea.gov.in (Amb), hoc.beirut@mea.gov.in (HOC), cons.beirut@mea.gov.in (Consular)
Website: http://www.indianembassybeirut.org/

Libya
Embassy of India, Tripoli
Nafleen Area, Near Fashloom Roundabout, Post Box 3150
Tripoli, Libya.
Phone: +218-21-3409288 & 89 (PABX)
Fax: +218-21-3409281
Email: ambassador@indianembassy.ly (Ambassador) , hoc.tripoli@mea.gov.in (Head of Chancery and Consular Officer), administration@indianembassy.ly (Administration), com.tripoli@mea.gov.in (Commercial) , consularvisa@indianembassy.ly (Consular & Visa), information@indianembassy.ly (Information/Culture)
Website: http://www.indianembassy.ly/

Madagascar
Embassy of India, Antananarivo
4, Lalana Rajaonson Emile,
Tsaralalana, PO Box No.1787,
Antananarivo, Madagascar
Phone: 00-261-20-2223334, 2227156
Fax: 00-261-20-2233790
Email: indesecamb@blueline.mg (Amb), amb.aanarivo@mea.gov.in (Amb), indembmd@blueline.mg (General), hoc.aanarivo@mea.gov.in (HOC), indcomsec@blueline.mg (Commercial), indadmin@blueline.mg, indconsular@blueline.mg , pshoc@blueline.mg
Website: http://www.embassyofindia.mg/

Malawi
Embassy of India, Lilongwe
Plot No. 55, Area 9
Post Box No. 1482, Lilongwe, Malawi
Phone: 00265-1-750011, 750014, 755348, 755337, 759337
Fax: 00265-1-1755346
Email: hc.malawi@mea.gov.in (High Commissioner), hoc.malawi@mea.gov.in (Head of Chancery), com.malawi@mea.gov.in (Commercial), adm.malawi@mea.gov.in (Administration)
Website: http://www.hcililongwe.in/

Malaysia
High Commission of India, Kuala Lumpur
Level 28, Menara 1 Mon’t Kiara,
No.1, Jalan Mon’t Kiara, 50480, Kuala Lumpur, Malaysia
Working hours: 0900 hours to 1730 hours (Monday to Friday)
Phone: (00-603)62052350, 6205 2351, Emergency Help Line for Indian Nationals: 00-60122031745
Fax: (00-603)6143 1173
Email: hoc.kl@mea.gov.my, fscom.kl@mea.gov.in, fscons.kl@mea.gov.in, edu.kl@mea.gov.in, com.kl@mea.gov.in, labour.kl@mea.gov.in, admin.kl@mea.gov.in
Website: http://www.indianhighcommission.com.my/

Maldives
High Commission of India, Male`
Athireege Aage
Ameeru Ahmed Magu, Henveiru,
Male, Republic of Maldives 20125
Phone: (960)3323015/16
Fax: (960)3324778
Email: HC:hc@hicomindia.com.mv, DHC:dhc.male@mea.gov.in, HOC:hoc.male@mea.gov.in, FS(Cons)fs@hicomindia.com.mv, DA:da@hicomindia.com.mv
Website: http://www.hci.gov.in/male/

Mali
Embassy of India, Bamako
101, Avenue de I’OUA, B.P. 8008
Badalabougou Est, Bamako (Mali)
Consular Services Working Hours: 0900 to 1200 Hrs, 1500 to 1600 Hrs (Mon-Fri)
Phone: 00-223-2023 5420, 00-223-2023 5421, Consular Emergency: 00-223-76 40 92 58/ 71 91 89 10
Fax: 00-223-2023 5417
Email: amb.bamako@mea.gov.in, hoc.bamako@mea.gov.in, cons.bamako@mea.gov.in
Website: http://www.amb-inde-bamako.org/

Mauritius
High Commission of India, Port Louis
6th Floor, LIC Building,
President John Kennedy Street,
Port Louis, Mauritius.
Phone: (230)2083775/76
Fax: (230) 208 8891
Email: hicom.ss@intnet.mu
Website: http://indiahighcom-mauritius.org/

Mexico
Embassy of India, Mexico City
Musset 325, Colonia Polanco,
Mexico D.F., C.P. 11550
Phone: +52-55-55311050, 55311002
Fax: +52-55-5254 2349
Website: http://www.indembassy.org/

Mongolia
Embassy of India, Ulaanbaatar
Zaluuchuudyn Urgun Chuluu 10,
C.P.O. Box No. 691,
Ulaanbaatar 14190, Mongolia
Working Hours: 0900-1300 hrs & 1330 – 1730 hrs
Phone: 00-976-329522/329524/329528; 00-976-99102405 (Helpline)
Fax: 00-976-329532 (Chancery); 313599 (Amb office)
Email: amb.ulaan@mea.gov.in, secytoamb@indianembassy.mn(Amb.’s Office), hoc.ulaan@mea.gov.in(Chancery), cons.ulaan@mea.gov.in (Consular)
Website: http://www.eoi.gov.in/ulaanbaatar/

Morocco
Embassy of India, Rabat
88, Rue Oulad Tidrarine
Souissi, Rabat, Morocco.
Phone: 00212-537635801, 537635802
Fax: 00212-537 634733, 537634734
Website: http://www.indianembassyrabat.com/

Mozambique
High Commision of India, Maputo
Avenida Kenneth Kaunda No. 167,
PO Box 4751, Maputo, Mozambique.
Phone: +258-21492437, 21490717
Fax: +258-21492364
Email: hoc.maputo@mea.gov.in (HOC)
Website: http://www.hicomind-maputo.org/

Myanmar
Embassy of India, Yangon
545-547, Merchant Street
Kyauktada Township, Yangon Myanmar
Consular Section (Working Hours-0930 hrs to 1100 hrs) Helpline no. for Emergency consular assistance (95-1-243972)
Phone: 95-1-388412, 243972, 391219
Fax: 95-1-254086, 250164, 388414
Email: socsecy@indiaembassy.net.mm
Website: http://www.indiaembassyyangon.net/

Consulate General of India, Mandalay
Ta-1/25, 65th Street,
Corner of Ngu War Street,
Chan Mya Thazi Township,
Myothit-I, Mandalay, Myanmar.
Phone: 00-95-2-80355 / 81019
Fax: 00-95-2-80366
Email: hoc.mandalay@mea.gov.in (Chancery), cgindia@mandalay.net.mm (CG), cg.mandalay@mea.gov.in (CG), cons.mandalay@mea.gov.in (Consul)
Website: http://www.indiaembassy.net.mm/

Namibia
High Commission of India, Windhoek
97, Nelson Mandela Avenue,
Windhoek, Namibia.
Phone: +264-61-226037, 228433
Fax: +264-61-237320
Email: hc.windhoek@mea.gov.in (HC), hoc.windhoek@mea.gov.in (HOC), comm.windhoek@mea.gov.in (Commercial Wing) , cons.windhoek@mea.gov.in (Consular Wing) , admn.windhoek@mea.gov.in (Administration) , accts.windhoek@mea.gov.in (Accounts)
Website: http://www.hciwindhoek.in/

Nepal
Embassy of India, Kathmandu
P.O. Box No. 292, 336, Kapurdhara Marg,
Kathmandu, Nepal
Consular Assistance: 0097714411751, Working Hours: 0900 Hrs. – 1730 Hrs. (NST)
Phone: 00-977-1-4410900, 4414990, 4411699, (977-1-4423702, 24×7, Emergency Contact Number)
Fax: 00-977-1-4420130 (Amb); 4428245 (DCM); 4428279
Email: hoc@eoiktm.org (General), amb@eoiktm.org (Amb), dcm@eoiktm.org (DCM)
Website: http://www.indianembassy.org.np/

Consulate General of India, Birgunj
Post Box No. 59, Parsa,
Birgunj, Nepal.
Phone: 00-977-51-532244; 532264
Fax: 00-977-51-532269
Email: cg.birgunj@mea.gov.in (Consul General), hoc.birgunj@mea.gov.in (HOC)
Website: http://www.cgibirgunj.org/

Netherlands
Embassy of India, The Hague
Buitenrustweg-2, 2517 KD,
The Hague, Netherlands.
Phone: +31-70-3469771
Fax: +31-70-3617072
Email: hoc.thehague@mea.gov.in , admin.thehague@mea.gov.in
Website: http://www.indianembassy.nl/

New Zealand
High Commission of India, Wellington
180 Molesworth Street,
Wellington
Phone: 0064-4-4736390
Fax: 0064-4-4990665
Email: consular@hicomind.org.nz , hoc.wellington@mea.gov.in
Website: http://www.hicomind.org.nz/

Niger
Embassy of India, Niamey
B.P. 201, Rue Ambassades 14,
Kouara Kano, Niamey-CN1
Niger
Phone: 00-227-20370029/30
Fax: 00-227-20370116
Email: hoc.niamey@mea.gov.in
Website: http://www.indembniamey.org/

Nigeria
High Commission of India, Abuja
Plot 364, Cadastral Zone
Off Constitution Avenue
Business District, Abuja, Nigeria
Phone: 00-234–7080622800-04(5 Lines)
Fax: 00-234-7080622805
Email: hoc.abuja@mea.gov.in , info.abuja@mea.gov.in, trade.abuja@mea.gov.in , cons.abuja@mea.gov.in , cons1.abuja@mea.gov.in
Website: http://hcindia-abuja.org/index.php

Office of the High Commission of India, Lagos
8A, Walter Carrington Crescent,
Victoria Island, PMB 80128,
Lagos, Nigeria.
Phone: 00-234-1-4480876, 4480877
Fax: 00-234-1-4480882
Email: hoc.lagos@mea.gov.in , fs1@hcilagos.org
Website: http://www.indianhcabuja.com/

Norway Embassy of India,
Niels Juels Gate 30,
0244 Oslo, Norway
Phone: 00-47-24115910 / 2411-5914/ 2411-5 (Only in case of emergency: +47-41405934)
Fax: 00-47-24115912 / 24115929(Consular)
Email: amb.oslo@mea.gov.in (Ambassador), hoc.oslo@mea.gov.in (Head of Chancery) , cons.oslo@mea.gov.in(Ppt/OCI/PIO/Attestations/Misc.Consular), com.oslo@mea.gov.in (Commercial)
Website: http://www.indemb.no/

Oman
Embassy of India, Muscat
Jami’at Al – Dowal Al – Arabiya Street,
Diplomatic Area, Al Khuwair,
PO Box 1727, PC 112
Muscat, Oman.
Phone: 00968-24684500
Fax: 00968-24698291 (General); 24697591 (Ambassador); 24692791 (Consular); 24684546 (Community Welfare)
Email: indiamct@omantel.net.om (General), hoc.muscat@mea.gov.in (HOC), hom@indemb-oman.org (Amb), dcm@indemb-oman.org (DCM), Working hours of the consular section: Sunday – Thursday Depositing of Documents: 9:00a.m. – 01:00p.m. Collection of Documents: 45 minutes after submission of application/service amount. Working hours of the Community welfare wing: Sunday – Thursday 8:30a.m. – 5:00p.m. 24/7 Emergency Numbers of the Embassy: 00968 24695981 Toll Free Help line: 80071234
Website: http://www.indemb-oman.org/

Pakistan
High Commission of India, Islamabad
G-5, Diplomatic Enclave,
Islamabad, Pakistan.
Phone: +92-51-22833283-2833251 to 54; 2833276
Fax: +92-51-2833290-2833286
Email: hc.islamabad@mea.gov.in (HC), dhc.islamabad@mea.gov.in (DHC), hoc.islamabad@mea.gov.in (HOC), info2.islamabad@mea.gov.in (FS Press & info)
Website: http://www.indian.org.pk/

Palestine
High Commission of India, Ramallah
PO Box 1344, Mahatma Gandi Street
Beitunia, Ramallah
Phone: +970 (or +972)-2-2903033/4/6
Fax: +970 (or +972)-2-2903035
Email: roi@roiramallah.org, rep.ramallah@mea.gov.in, admin@roiramallah.org, consular@roiramallah.org
Website: http://www.roiramallah.org/

Panama
Embassy of India, Panama
10325, Avenida Federico Boyd
Apdo.0823-05815 Bella Vista, Panama
Republic of Panama
Phone: PBX – 507-2642416, 2643043, 2648780
Fax: 00-507-2096649
Email: ambassador@indempan.org, hoc@indempan.org , sscci@indempan.org, att@indempan.org, sspps@indempan.org , attache@indempan.org
Website: http://www.indianembassyinpanama.com/

Papua New Guinea
High Commission of India, Port Moresby
Lot 30, Section 7, Lawes Road
Granville [Post Box 86, Waigani]
Port Moresby, Papua New Guinea
Phone: 675-321 0528 & 675-321 4291
Fax: 675-321 4397
Email: hoc.pmoresby@mea.gov.in
Website: http://www.hcipom.gov.in/

Peru
Embassy of India, Lima
Av. Salaverry 3006
San Isidro
Lima 27, Peru
Phone: 0051 1 261 6006, 460 2289, 461 0371
Fax: 0051 1 461 0374
Email: amb.lima@mea.gov.in
Website: http://www.indembassy.org.pe/

Philippines
Embassy of India, Manila
2190 Paraiso Street, Dasmarinas Village,
P.O. Box 2123, MCPO, Makati City, Metro Manila
[*Con. acc. as Amb to Palau and Federated States of Micronesia].
Phone: +63-2-8430101; +63-2-8430102
Fax: +63-2-8445757 (Amb Off); +63-2-8158151
Email: amb@indembassymanila.in, amboffice@indembassymanila.in, pol@indembassymanila.in, cons@indembassymanila.in, com@indembassymanila.in, info@indembassymanila.in, itec@indembassymanila.in, admin@indembassymanila.in, accounts@indembassymanila.in
Website: http://www.indembassymanila.in/

Poland
Embassy of India, Warsaw
2 Mysliwiecka Street
Warsaw 00-459, Poland.
Phone: (48) 22 540 00 00
Fax: (48) 22 540 00 01, 22 540 00 02
Email: ambassador.office@indembwarsaw.in , first.secretary@indembwarsaw.in, hoc.warsaw@mea.gov.in, consular@indembwarsaw.in, cons.warsaw@mea.gov.in, establishment@indembwarsaw.in, commerce@indembwarsaw.in, administration@indembwarsaw.in
Website: http://www.indembwarsaw.in/

Portugal
Embassy of India, Lisbon
Rua Pero da Covilha, 16, Restelo
Lisbon 1400-297, Portugal
Working hours – 0900 to 1730, Monday to Friday
Phone: 00351-213041095 and 213041096
Fax: 00351-213016576 and 213021494
Email: amb.lisbon@mea.gov.in, hoc.lisbon@mea.gov.in, consular@indembassy-lisbon.org , commercial@indembassy-lisbon.org
Website: http://www.eoilisbon.in/

Qatar
Embassy of India, Doha
Villa No. 19, Zone No. 42, Street No. 828
Wadi AI Neel Lane, Al Hilal Area,
P.O. Box 2788, Doha, Qatar
Phone: 974-44255777, 974-44255700 (Beyond office hours), 4422715/16 (Consular), 44255724 (Labour)
Fax: 974-44670448 (General), 974-44672684 (Consular), 974-44675399 (Labour)
Email: amb.doha@mea.gov.in, ambassador@qatar.net.qa(Ambassador), dcm@qatar.net.qa, dcm.doha@mea.gov.in(DCM), da@qatar.net.qa, dadoha-navy@nic.in(Defence Attache), fspe@qatar.net.qa, edu.doha@mea.gov.in(Press&Education), hoc.doha@mea.gov.in(HOC), indfscom@qatar.net.qa, com.doha@mea.gov.in(Commercial), labourofficer@qatar.net.qa(Labour), press.doha@mea.gov.in, pressofficer@qatar.net.qa(PIC)
Website: http://www.indianembassyqatar.gov.in/

Romania
Embassy of India, Bucharest
183, Mihai Eminescu Street,
Sector-2
Bucharest-020078, Romania
Phone: 0040-21-2115451/6190236(General)
Fax: 0040-21-2110614
Email: amb.bucharest@mea.gov.in, hoc.bucharest@mea.gov.in
Website: http://www.embassyofindia.ro/

Russia
Embassy of India, Moscow
6-8, Ulitsa Vorontsovo Polye,
Moscow, Russia.
Phone: +7-495-7837535 (10 lines)
Fax: +7-495-9163632, 9172285 Working Hours: Mon – Friday: 0900 hrs to 1800 hrs
Email: amb.moscow@mea.gov.in (Ambassador), dcm@indianembassy.ru (DCM), hoc.moscow@mea.gov.in (HOC) , admin@indianembassy.ru (Admin) dirjncc.moscow@mea.gov.in (RTI) Emergency Assistance: Ph: +7 495 783 75 35 ext: 219
Website: http://www.indianembassy.ru/

Consulate General of India, Vladivostok
46, 4th Floor, Verkhneportovaya Street,
PO Box No. 308, Vladivostok 690090
Russian Federation.
Phone: 00-7-4232-413920 / 413933 /413938
Fax: 00-7-4232-413956
Email: cg.vladi@mea.gov.in (CG), cgivlad@mail.ru (General), hoc.vladi@mea.gov.in (HOC), cgivlad@vlad.ru (Chancery)
Website: http://cgivladivostok.wordpress.com/

Consulate General of India, St. Petersburg
35, Ulitsa Reyleeva,
St. Petersburg 191123,
Russian Federation.
Phone: 00-7-812-2721988; 2721731; 5793002
Fax: 00-7-812-2722473; 5795088 (CG)
Email: cg.spburg@mea.gov.in (CG), hoc.spburg@mea.gov.in (HOC), cons.spburg@mea.gov.in (Consular)
Website: http://www.indianconsulate.ru/

Saudi Arabia
Embassy of India, Riyadh
B-1, Diplomatic Quarter,
P.B.No.94387, Riyadh-11693, Saudi Arabia.
Phone: 00-966-11-4884144, 4884691, 4884692, 4834254, 4884697, 4881982 (24 hour Help Line)
Fax: 00-966-11-4884750 (Chancery) 4804764 (Commercial)
Email: amb.riyadh@mea.gov.in, dcm.riyadh@mea.gov.in, pol.riyadh@mea.gov.in, cons.riyadh@mea.gov.in, hoc.riyadh@mea.gov.in, com.riyadh@mea.gov.in, def.riyadh@mea.gov.in, wel.riyadh@mea.gov.in
Website: http://www.indianembassy.org.sa/

Consulate General of India, Jeddah
Building of Mr. Abdul Mansoor Abdul Rahman Al Huwaish, Villa No. 34, Behind National Commercial Bank,
Near Al Huda Mosque, Tahliya Street,
P.O. Box No. 952,
Jeddah, Saudi Arabia.
Phone: 00-966-12-6603779
Fax: 00-966-12-2840238 (Admn)
Email: cg@cgijeddah.com (CG), dcg@cgijeddah.com (DCG), haj@cgijeddah.com (Consul Haj), consular@cgijeddah.com (Consul Cons), welfare@cgijeddah.com (Consul Community Welfare), commercial@cgijeddah.com (Consul Commercial), info@cgijeddah.com (Information Section), admin@cgijeddah.com (Admn)
Website: http://www.cgijeddah.com/

Senegal
Embassy of India, Dakar
5 Avenue Carde,
BP 398, Dakar, Senegal
Phone: 00-221-338495875 Emergency No.00-221-338495875
Fax: 00-221-338223585
Email: indiacouns@orange.sn (Second Secretary), indiacom@orange.sn (Second Secretary), , consular@orange.sn (Consular Section)
Website: http://www.embassyofindiadakar.org/

Serbia
Embassy of India, Belgrade
Djordja Radojilovica 7a
11040 Belgrade, Serbia
Phone: +381-11-2666 520 / 2667 990
Fax: +381-11-367-4209
Email: indemb@eunet.rs, fsindemb@eunets.rs
Website: http://www.eoibelgrade.gov.in/

Seychelles
High Commission of India,Victoria
Le Chantier, PO Box 488,
Victoria-Mahe,
Republic of Seychelles.
Phone: +(248) 4610 301/302/303/304
Fax: +(248) 4610 308
Email: hc.mahe@mea.gov.in, hoc.mahe@mea.gov.in
Website: http://www.hciseychelles.com

Singapore
High Commission of India, Singapore
31, Grange Road,
Singapore-239702 [Access from Leonie Hill Road]
[Office Timings Monday to Friday 9:00 am to 5:30 pm]
[Document Submission Time 9:15 to 11:30 am Document Collection Time 4:15 pm to 5:15 pm]
Phone: +65-62382518, +65-6238537
Fax: +65-67351739
Email: hc.singapore@mea.gov.in dhc.singapore@mea.gov.in
Website: http://www.hcisingapore.gov.in/

Slovak Republic
Embassy of India, Bratislava
Dunajska 4, 81108 Bratislava
Slovak Republic
Working hours for Consular (from Monday to Friday) 09:00 am to 11:00 am (Receipt of Application) EMERGENCY SERVICES: Helpline number for Emergency consular assistance is +421 – 915 876 226.
Phone: 00421-2-52962916
Fax: 00421-2-52962921
Email: amb.bratislava@mea.gov.in, ambindia@slovanet.sk, hoc.bratislava@mea.gov.in, eindia@slovanet.sk
Website: http://www.indianembassy.sk/

Slovenia
Embassy of India, Ljubljana
Zelezna cesta 16
1000 Ljubljana,
Republic of Slovenia.
Phone: +386 1 5133110
Fax: +386 1 5133116 (General); 5133115 (Amb)
Email: amb.ljubljana@mea.gov.in (Amb), hoc.ljubljana@mea.gov.in (HOC), cons.ljubljana@mea.gov.in FS(CEC)
Website: http://www.indianembassy.si/

South Africa
High Commission of India, Pretoria
852 Frances Baard Street,
Arcadia 0083
Pretoria, South Africa
Phone: 0027-123425392 to 95
Fax: 0027-123425310
Email: indiahc@hicomind.co.za (High Commissioner), dhc@hicomind.co.za (Dy. HC) polinf@hicomind.co.za (FS Pol), sspol@hicomind.co.za (HOC), hciadmn@hicomind.co.za (Attache Admin)
Website: http://www.hcisouthafrica.in/

Consulate General of India, Cape Town
The Terraces, 9th Floor, 34 Bree Street,
Cape Town 8001, South Africa.
Phone: +27 21 419 8110, 419 8111
Fax: +27 31 332 7008
Email: political@hcict.org.za (Consul General), admin@hcict.org.za (Attache PS), accounts@hcict.org.za (Admn & Accounts)
Website: http://www.hcisouthafrica.in/

Consulate General of India, Johannesburg
1, Eton Road, (corner Jan Smuts Avenue & Eton Road), Parktown 2193,
PO Box 6805, Johannesburg-2000, South Africa
Phone: 00-27-11-4828484 / 85 / 86
Fax: 00-27-11-4828492, 4824648; 4823640 (CG)
Email: cgijhb@global.co.za (General), hocjhb@global.co.za (HOC), cgjhb@global.co.za (CG)
Website: http://www.hcisouthafrica.in/

Consulate General of India, Durban
160 Pine Street, The Old Station Building, 4th Floor,
PO Box No. 3276, Durban-4000, South Africa
Phone: 0027-31-335 0300
Fax: 0027-31-332 7008
Email:
Website: http://www.hcisouthafrica.in/

South Sudan
Embassy Of India
Plot No. 209-245, Block 3-K (South), Juba Na Bari, Adjacent to the National Elections Commission, Juda (South Sudan)
Consular Timings: Receiving applications (all working days) 0900-1200 hours
Delivery of consular documents 1200-1300 hours (Next working day of submission)
Phone: 00-211-925502025/922458007
Fax:
Email: amb.juba@mea.gov.in, hoc.juba@mea.gov.in, pol.juba@mea.gov.in, admin.juba@mea.gov.in
Website: http://www.indembjuba.org/

Spain
Embassy of India, Madrid
Avenda Pio-XII, 30-32,
28016, Madrid, Spain.
Usual working hours for Embassy: 0900 hrs to 1730 hrs, Mon to Fri. Consular Section timings: Mon to Fri – 0900 hrs to 1230 hrs (to deposit documents), 1500 hrs to 1630 hrs (to collect documents)
Phone: +34 913098870. Emergency Contact Number for Consular Section: +34-608769323
Fax: +34-913451112
Email: amb@embassyindia.es , dcm@embassyindia.es, fscons@embassyindia.es, sscom@embassyindia.es, culture@embassyindia.es
Website: http://www.embassyindia.es/

Sri Lanka
High Commission of India, Colombo
36-38, Galle Road,
Colombo, Sri Lanka.
Consular Section Working Hours: 0900 to 1300 & 1400 to 1630 hours on working days. In case of emergency, please contact the switchboard at the numbers given below which are operational round the clock
Phone: +94-11-2327587, 2421605, 2422788 / 89 (Operational round the clock / Emergency helpline)
Fax: +94-11-2446403, 2448166
Email: hoc.colombo@mea.gov.in (HOC), hc.colombo@mea.gov.in (High Commissioner), dhc.colombo@mea.gov.in (Dy. High Commissioner) info.colombo@mea.gov.in (Information Wing), cons.colombo@mea.gov.in, cons2.colombo@mea.gov.in (Consular Assistance)
Website: http://www.hcicolombo.org/

Assistant High Commission of India, Kandy
No. 31, Rajapihilla Mawatha,
PO Box 47, Kandy, Sri Lanka.
Phone: 00-94-81-2222652, 2223786, 2224563, 2234545 (AHC)
Fax: 00-94-81-2232479
Email: ahciknd@sltnet.lk (Assistant High Commissioner), hoc.kandy@mea.gov.in (SS & HOC)
Website: http://www.ahcikandy.org/

Consulate General of India, Jaffna
14 Maruthady Lane, Nallur,
Jaffna, Sri Lanka
Phone: +94-21-2220504, 2220505(PABX)
Fax: +94-47-2222501
Email: cg.jaffna@mea.gov.in, cons.jaffna@mea.gov.in
Website: http://www.cgijaffna.org/

Consulate General of India, Hambantota
103, New Road
Hambantota
Sri Lanka
Phone: 0094-47-2222500/503
Fax: 0094-47-2222501
Email: cg.hambantota@mea.gov.in
Website: http://www.cgihambantota.com/

Sudan
Embassy of India, Khartoum
Plot No. 2, Al Amarat Street No. 01
Block 12 DH, Eastern Extension P.O. Box 707
Khartoum, Republic of the Sundan
Phone: +249 1 8357 4001/2/3
Fax: +249 1 8357 4050/51
Email: amb.khartoum@mea.gov.in (Ambassador), pol.khartoum@mea.gov.in {FS(P & C)}, hoc.khartoum@mea.gov.in (Head of Chancery), cons.khartoum@mea.gov.in {Attache(Consular)}
Website: http://www.eoikhartoum.in/

Suriname
Embassy of India, Paramaribo
239 Dr. Sophie Redmondstraat,
Post Box No.1329, Paramaribo, Suriname
Phone: 597-498344, 531448, 531449
Fax: 597-491106, 499382
Email: amb.paramaribo@mea.gov.in, ambindia@sr.net, hoc.paramaribo@mea.gov.in, india@sr.net
Website: http://www.indembassysuriname.com/

Sweden
Embassy of India, Stockholm
Adolf Fredriks Kyrkogata 12,
Box 1340, 111 83 Stockholm, Sweden
Working hours: 0900 hours to 1730 hours (Monday to Friday)
Phone: (+46) 08-107008, 08-4113237
Fax: (+46)08-248505
Email: amb.stockholm@mea.gov.in, hoc.stockholm@mea.gov.in, info@indianembassy.se
Website: http://www.indianembassy.se/

Switzerland
Embassy of India, Berne
Kirchenfeldstrasse 28,
3005 Berne, Switzerland.
Phone: 0041313501130 (After Office hours/in emergency only +41767763688
Fax: 0041313511557
Email: hoc.berne@mea.gov.in , amb.berne@mea.gov.in, dcm.berne@mea.gov.in, cons@indembassybern.ch (Working hours of Consular Section-Open between 09:30 and 12:30 hours from Monday through Friday except holidays)
Website: http://www.indembassybern.ch/

Syria
Embassy of India, Damascus
3455, Sharkasslyeh, Ibn Al Haltham Street,
Abu Rummaneh, Damascus, Syria.
Phone: +963-11-3347351 – 3347352 – 3347900
Fax: +963-11-3345711
Email: info@indianembassy.sy
Website: http://www.eoi.gov.in/damascus/

Tajikistan
Embassy of India, Dushanbe
45, Bukhoro Street,
Dushanbe, Tajikistan
Phone: +992 (37) 2217172, +935710262, +992 (37) 2213988 (after office hours/holidays)
Fax: +992 (37) 2510035, +992 (37) 2510045, +992 (37) 2212461
Email: info.dushanbe@mea.gov.in, cons.dushanbe@mea.gov.in, hoc.dushanbe@mea.gov.in, pol.dushanbe@mea.gov.in, amb.dushanbe@mea.gov.in
Website: http://www.indianembassytj.com/

Tanzania
High Commission of India, Dar-es-Salaam
82 Kinondoni Road, P.O. Box 2684
Dar-es-Salaam, Tanzania
Working Hours of Consular Section: 0900 – 1030 hrs [for submission of applications] 1600 – 1645 hrs [delivery of visas passports, etc.]
Phone: 00-255-22-2669040 / 1
Fax: 00-255-22-2669043, 2669050
Email: hc.desalaam@mea.gov.in (High Commissioner), dhc@hcindiatz.org (Deputy High Commissioner), hoc.desalaam@mea.gov.in, comm.desalaam@mea.gov.in
Website: http://hcindiatz.org/index.php

Consulate General of India, Zanzibar
8, Migombani, P.O. Box 871,
Zanzibar,
Tanzania.
Phone: 00-255-24-2232711
Fax: 00-255-24-223-0001
Email: cg.zanzibar@mea.gov.in (Consul General), hoc.zanzibar@mea.gov.in
Website: http://www.hcindiatz.org/

Thailand
Embassy of India, Bangkok
46, Soi 23 [Prasarnmitr] Sukhumvit Road, Bangkok-10110.
Working hours: 0900-1200 hrs : Submission of Applications for attestation & OCI/PIO services at the Embassy. 1500-1630 HRS : Delivery of Consular Documents at the Embassy.
[*PR of India to UN-ESCAP; **DPR of India to UN-ESCAP].
Phone: 00-66-2-2580300-05, Emergency Help Line No. 00-66-618819218
Fax: 00-66-2-2584627, 2621740
Email: indiaemb@indianembassy.in.th
Website: http://www.indianembassy.in.th/

Consulate of India, Chiangmai
33/1, Thung Hotel Road, Wat Kate,
Muang, Chiangmai 50000,
Thailand.
Phone: 00-66-53-243066
Fax: 00-66-53-247879
Email: bharat@loxinfo.co.th, cgi.chiangmai@yahoo.com

Trinidad & Tobago
High Commission of India, Port of Spain
P.O. Box No. 530
6, Victoria Avenue, Port of Spain.
Phone: 001-868-627-7480 / 6274027
Fax: 001-868-627-6985
Email: hcipos@tstt.net.tt
Website: http://www.hcipos.in/

Tunisia
Embassy of India, Tunis
4, Rue Didon
Place Nortre Dame, Mutuelville,
Tunis, Tunisia.
Phone: 00-216-71-787819, 790968, 781825, Help line No. for Emergency Consular assistance: 71787819 Ext. 104
Fax: 00-216-71-783394 (Chancery); 281189 (Ambassador)
Email: hoc.tunis@mea.gov.in (Chancery), com.tunis@mea.gov.in (Commerce), amb.tunis@mea.gov.in (Ambassador)
Website: http://www.embassyofindiatunis.com/

Turkey
Embassy of India, Ankara
77, Cinnah Caddesi,
Cankaya 06680, Ankara, Turkey
Working hours; 0900 hrs to 1730 hrs (Visa counter open from 1000 hrs-1130 hrs)
Phone: 00-90-312-4382195 to 98 [4 lines]
Fax: 00-90-312-4403429, 4399323
Email: chancery@indembassy.org.tr (Admn & Protocol)
Website: http://www.indembassy.org.tr/

Consulate General of India, Istanbul
Cumhuriyet Cad. No.-42
Dortler Apt. Flat No.-11 Elmadag, 34367, Istanbul, Turkey
(Working hours: 0900 hrs to 1730 hrs)
Phone: (90)212 2962131, (90)212 2962132
Fax: (90)212 2962130
Email: cgi@cgistanbul.org
Website: http://www.cgiistanbul.org/

Turkmenistan
Embassy of India, Ashgabat
Y. Emre 1, Mir 2/1, PO Box No.80, Ashgabat (Turkmenistan)
Office hours: Monday to Friday 0930-1800 hrs (Lunch break 1330-1400 hrs)
Phone: 0099312 452425
Fax: 0099312 452434 & Amb: 456156
Email:
Website: http://www.eoi.gov.in/ashgabat/

Uganda
High Commission of India, Kampala
Plot number 11, Kyadondo Road,
Nakasero, P.O.Box 7040, Kampala, Uganda.
Consular Timings: Receiving applications (all working days except Wednesday) 0900-1130 hours Wednesdays 1000 – 1230 hrs and Delivery of consular documents 1630-1730 hours (All working days)
Phone: +256-41-4344631; +256-41-4257368; +256-41-4342994
Fax: +256-41-4254943
Email: hoc.kampala@mea.gov.in, consular@hcikampala.co.ug, pshc@hcikampala.co.ug
Website: http://www.hci.gov.in/kampala/

Ukraine
Embassy of India, Kyiv
20-B, Maxima Berlinskogo Street Kyiv – 01901
Working Hours 0830-1700 hrs (Monday to Friday) Consualr Section is open from 0900 hrs to 1130 hrs on all working days Monday to Friday. Passport/Documents can be collected on the date indicated on receipt between 1500 – 1530 hrs.
Phone: +38 (044)468-6661, 468-6219, 468-7032 Emergency helpline number Mob: 093 355 9957
Fax: +38 (044) 468-6619
Email: embassyofindiaukraine.in
Website: http://www.embassyofindiaukraine.in/

United Arab Emirates
Embassy of India, Abu Dhabi
Plot No. 10, Sector W-59/02, Diplomatic Area, Off the Airport
Road, P.O. Box 4090, Abu Dhabi, U.A.E.
Phone: +971 2 4492700 [Chancery], 4447738 (Amb.’s Office) 4490729 (CW), 4447768 (Consular)
Fax: +971 2 4444685, [Chancery], 4444685 / 4447768 / 4492273 [Consular], 4490729 [CW]
Email: amb.abudhabi@mea.gov.in dcm.abudhabi@mea.gov.in, hoc.abudhabi@mea.gov.in, polabudhabi@mea.gov.in, fscons.abudhabi@mea.gov.in, com.abudhabi@mea.gov.in, da.abudhabi@mea.gov.in, admn.abudhabi@mea.gov.in, ca.abudhabi@mea.gov.in
Website: http://www.indembassyuae.org/

Consulate General of India, Dubai
Al Hamariya, Diplomatic Enclave, Bur Dubai
PO Box No.737, Dubai, United Arab Emirates
Phone: +971.4.3971222/3971333
Fax: +971.4.3970453
Email: cgoffice.dubai@mea.gov.in
Website: http://www.cgidubai.org/

United Kingdom
High Commission of India, London
India House, Aldwych,
London WC2B 4NA,
United Kingdom.
Phone: 00-44-20-78368484, 76323123 (After office hours)
Fax: 00-44-20-78364331
Email: hoc.london@mea.gov.in (General & HOC), hc.office@hcilondon.in (High Commissioner), dhc.office@hcilondon.in (Dy. High Commissioner)
Website: https://www.hcilondon.in/

Consulate General of India, Birmingham
20, Augusta Street,
Jewellery Quarters, Hockley,
Birmingham B18 6JL,
United Kingdom.
Phone: 00-44-121-2122782, 2123217 (After office hours and on holidays)
Fax: 00-44-121-2123404 (CG); 2122786 (General)
Email: cg.birmingham@mea.gov.in (CG), hoc.birmingham@mea.gov.in (Consul & HOC), cons1.birmgingham@mea.gov.in
Website: http://www.cgibirmingham.org/

Consulate General of India, Edinburgh
17 Rutland Square,
Edinburgh EH1 2BB, Scotland,
United Kingdom.
Phone: 00-44-131-2290011
Fax: 00-44-131-2292155; 2219712 (CG)
Email: indianconsulate.scotland@btconnect.com (General), indianconsul.edinburgh@btconnect.com (Consul & HOC)
Website: http://www.cgiedinburgh.org/

United States of America
Embassy of India, Washington DC
2107 Massachusetts Ave. NW,
Washington DC 20008, USA.
Phone: (202)939-7000
Fax: (202)265-4351
Email: hoc.washington@mea.gov.in (HOC)
Website: http://www.indianembassy.org/

Consulate General of India, Chicago
455 North City Front Plaza Drive,
NBC Tower Building, Suite No 850
Chicago, Illinois 60611, USA.
Phone: 312-595-0405
Fax:
Email:
Website: http://www.indianconsulate.com/

Consulate General of India, New York
3 East, 64th Street (Between 5th and Madison Avenues)
New York, NY 10065, USA.
Phone: (212)774-0600
Fax: (212)861-3788
Email: cg@indiacgny.org (CG)
Website: http://www.indiacgny.org/

Consulate General of India, San Francisco
540, Arguello Boulevard,
San Francisco, CA 94118, USA.
Phone: (415)668-0662
Fax: (415)668-9764
Email:
Website: http://www.cgisf.org/

Consulate General of India, Houston
4300 Scotland Street
Houston, Texas 77007, USA
Phone: 713-626-2148
Fax: 713-626-2450
Email: cgi-hou@swbell.net (General),
Website: http://www.cgihouston.org/

Consulate General of India, Atlanta
5549 Glenridge Drive NE,
Atlanta, GA 30342, USA
Phone: (404) 963 5902
Fax:
Email: contact@indianconsulateatlanta.org,
Website: http://www.indianconsulateatlanta.org/

Uzbekistan
Embassy of India, Tashkent
16, Kara Bulak (Vakhshskaya) Street
Mirzo Ulugbek District
Tashkent-100 052, Uzbekistan.
Phone: (998-71) 1400983; 1400997; 1400998 (24 hours)
Fax: (998-71) 1400987; 1400999
Email:
Website: http://www.eoi.gov.in/tashkent/

Venezuela
Embassy of India, Caracas
Quinta Tagore
No. 12 Avenida San Carlos La Floresta
Caracas – Venezuela
Phone: 0058-212-285-7887, 3637
Fax: 0058-212-286-5131
Email:
Website: http://www.embindia.org/

Vietnam
Embassy of India, Hanoi
58-60, Tran Hung Dao
Hoan Kiem, Hanoi
Phone: +84-4-38244989, 38244990
Fax: +84-4-38244998
Email:
Website: http://www.indembassy.com.vn/

Consulate General of India, Ho Chi Minh City
55, Nguyen Dinh Chieu Street, District 3
Ho Chi Minh City, Vietnam
Phone: +84-8-38237050
Fax: 38237047
Email: cgihcmc@hcm.vnn.vn (General), cons.hcm@mea.gov.in (Consular), hoc.hcm@mea.gov.in (Consul & HOC)
Website: http://www.india-consulate.org.vn/

Yemen
Embassy of India, Sana a
24th Street, off Hadda Road in front of Hadda Post Office,
towards 50 Street before Y Telecom building, Sana’s
Phone: 00 967 1 433 631 / 433 632
Fax: 00 967 1 433 630
Email: amb.sanaa@mea.gov.in, hoc.sanaa@mea.gov.in, commercial@eoisanaa.org, attache@eoisanaa.org, consular@eoisanaa.org
Website: https://www.eoisanaa.org/

Zambia
High Commission of India, Lusaka
No. 1 Pandit Nehru Road, Longacres,
P.O. Box 3211, Lusaka, Zambia.
Phone: +260-211-253159 / 60
Fax: +260-211-254118
Email: hc.lusaka@mea.gov.in (High Commissioner), hoc.lusaka@mea.gov.in (HOC), cons.lusaka@mea.gov.in (Consular), pol.lusaka@mea.gov.in (Political Wing), info.lusaka@mea.gov.in (Information & ITEC Wing)
Website: http://www.hcizambia.gov.in/

Zimbabwe
Embassy of India, Harare
No.12 Natal Road,
Belgravia, P.O. Box No.4620, Harare, Zimbabwe.
Working Hours of Consular Section: 0900-1200 hrs-Receiving of Applications, 1600-1700 hrs – Collection
Phone: 00263 4 795955 / 56
Fax: 00263 4 795958 / 795413
Email: ambassador@embindia.org.zw (Amb), hoc@embindia.org.zw (Second Secetary HOC), , attache.admn@embindia.org.zw (Attache Admn Com), attache.cons@embindia.org.zw (Attache Consular)
Website: http://www.eoi.gov.in/harare/

Immigration and Visa Laws in India

All foreign nationals entering India are required to possess a valid international travel document in the form of a national passport with a valid visa obtained from an Indian Mission or Post abroad.

Government of indiaEntry, stay and exit of foreigners into India is governed by the Passport (Entry into India) Act 1920, Passport (Entry into India) Rules, 1950, Foreigners Act 1946 and the Registration of Foreigners Rules, 1992.

Bureau of Immigration (BoI) was setup in 1971 by Government of India to undertake Immigration function in the country. Foreigners Division deals with all matters relating to visa, immigration, citizenship, overseas citizenship of India, acceptance of foreign contribution and hospitality.

Type of Visas issued by India to foreigners for work-related visits :

1. Business Visa designated as ‘B’ Visa
2. Employment Visa designated as ‘E’ Visa

Others :

Type of visa Abbreviation
Diplomat D
Official O
UN Official UD
Transit TR
Entry X
Tourist T
Employment E
Project P
Student S
Journalist J
Business B
Missionary M
Mountaineering X
Conference/Seminar/Meeting C
Research R
Medical MED
Medical Attendant MEDX
Universal U
  • A foreigner who wishes to come to India for honorary work (without salary) with NGOs registered in India may be granted Employment Visa with special endorsement on his/ her E Visa “TO WORK WITH NGO
  • Family members/dependants of a foreigner who is granted ‘Business visa’ or Employment visa may be granted `X’ visa subject to usual security checks provided the family members are otherwise eligible for grant of such a visa .
  • Check here for Visa Fees.

Visa is implemented abroad by Indian missions & posts and in India by Foreigners Regional Registration Offices (FRROs), home departments & district administrators in the states besides immigration posts.

General provisions connected with Visa :

  1. All foreigners entering India must have a passport or any other internationally recognized travel document and visa.
  2. Nepalese or Bhutanese nationals entering by land must have some Photo Identity Papers as proof of their nationality. But in case of entry by air directly from Nepal/Bhutan or from a country other than China, they must have a passport. No visa is required. However, they must have visa if they are traveling from China
  3. The visa applicant should ordinarily be within the jurisdiction of the mission/post or else it is necessary to make a reference to the Indian mission/post in the country to which the applicant belongs. Additional fee is chargeable for making reference to the concerned mission/post.
  4. Gratis visa is granted to diplomats and officials , UN officials traveling on duty or those traveling to India on invitation of Government of India as its guest. Those granted scholarship under Cultural Exchange Programmes are also granted gratis visa.
  • Pakistani Nationals and Foreigners of Pak Origin: Visa is granted to Pakistani nationals and foreigners of Pak origin only after clearance by concerned authorities. Pakistani nationals holding visitors visa are required to register themselves at the check post of entry within 24 hours of their reaching the specified places. Pak nationals are permitted to enter into and exit from India only through designated check posts.

  • Chinese Nationals: Only single entry Tourist and Business visas valid up to 3 months are granted to Chinese nationals. The visa may be extended up to 3 months by FRROs/Ministry of Home Affairs. All other types of visas fall in prior clearance category.

  • Gratis Visa: In view of the existing bilateral agreements/arrangements, all types of visas are issued gratis to the nationals of Afghanistan, Argentina(Tourist visa only), Bangladesh, Democratic People’s Republic of Korea, Jamaica, Maldives, Mauritius, Mongolia, South Africa and Uruguay.
  • Visa on arrival
    Visa on arrival facility extended to Japanese nationals at 6 major airports:
    1.) Delhi
    2.) Mumbai
    3.) Kolkata
    4.) Chennai
    5.) Hyderabad
    6.) Bangalore
  • Group Tourist Visa on Arrival
    1. Foreign tourists in groups of four or more, arriving by air or sea, sponsored by Indian Travel Agencies approved by the Ministry of Tourism, Government of India and with a pre-drawn itinerary may be granted collective landing permit for a period not exceeding 60 days, with multiple-entry facility to enable them to visit a neighbouring country.
  • Passengers on cruise ships may be granted a collective landing permit.
    However, in case a cruise ship visits more than one port in India, and does not visit ports of any other country, a collective landing permit may be issued at the first port of entry into India.

 

Acts and rules

Foreigners Division Acts

 Emigration Act, 1983

The Immigration (Carriers’ Liability) Act, 2000
The Immigration (Carriers’ Liability) Amendment Act,2005
The Foreign Contribution (Regulation) Act, 2010
Investigating Agencies- Notification dated 27 Oct 2011
Compounding of Offence_Notification dated 26 August 2011
Exemption for statutory bodies created under Central and State Acts_Notification dated 01 July 2011
Exemption in respect of GDN_Notification dated 20 June 2011
Notification Dated 29.04.2011 – FCRA,2010
The Citizenship Act, 1955
The Foreigners Act, 1946
The Passport (Entry into India) Act, 1920
The Registration of Foreigners Act, 1939
The Citizenship (Amendment) Rules,2015

Foreigners Division Rules and Regulations

The Passport (Entry into India) Amendment Rules,2016 and Foreigners(Amendment) Order,2016 bringing “Afghanistan” within the ambit of the notifications issued on 07.09.2015
Permanent Residency Status to Foreign Investors
Guidelines for Look Out Circulars (LOC) in respect of Indian citizen and foreigners
Amendment to the Registration of Foreigners Rules, 1992 and the Foreigners Order, 1948 dated 18.3.2016
Passport (Entry into India) Amendment Rules, 2015 and Foreigners (Amendment) Order, 2015
The Immigration (Carriers’ Liability) Rules, 2007
The Immigration (Carriers’ Liability) Amendment Rules, 2010
The Immigration (Carriers’ Liability) Order, 2007
The Immigration (Carriers’ Liability) Amendment Order, 2010.
Notification S.O.No. 1070(E), Penalty for non furnishing of return by NGOs
Notification G.S.R. 150, Foreign Contribution (Acceptance or Retention of Gifts or Presentations)
Foreign Contribution (Regulation) Rules, 2011 and Forms
Foreign Contribution (Regulation) Amendment Rules, 2012
The Citizenship Rules, 2009
The Foreign Contribution (Acceptance or Retention of Gift or Presentations) Regulations, 1978
The Passport (Entry into India) Rules, 1920
The Registration of Foreigners Rules, 1992
Reimbursement of expenditure incurred by the State Governments/UTs for performing agency functions on behalf of Central Govt, Dated 02Sep2013.

line

ENCR/ECR

Emigration Check Required (ECR)  require to obtain “Emigration Clearance” from the office of Protector of Emigrants (POE), Ministry of Overseas Indian Affairs for going to following 18 countries.

United Arab Emirates (UAE), The Kingdom of Saudi Arabia (KSA), Qatar, Oman, Kuwait, Bahrain, Malaysia, Libya, Jordan, Yemen, Sudan, Afghanistan, Indonesia, Syria, Lebanon, Thailand, Iraq (emigration banned

 


 

Important Link 

  1. Indian Visa Online 
  2. Indian Embassies
  3. Bureau of Immigration (BoI)

 

Visa fees In India

Government of india

Details of Visa fees applicable since 1st July, 2008

Sl.No. Description/Type Visa fee in US$
1 Tourist visa (multiple entry) up to 6 months 40
2 Tourist visa (multiple entry) up to one year 65
3 Tourist visa (multiple entry) up to five years 130
4 For Singaporean nationals, Tourist visa (multiple entry) up to 6 months 25
5 Transit Visa (valid for 15 days – single/double entry) 20
6 Multiple entry Student Visa (valid for the duration of the course or 5 years, whichever is less) 75
7 All other types of multiple entry visas(other than tourist, transit and student visas) valid for :  
i up to six months 80
ii up to one year 120
iii up to five years 200
  Fees for Business Visa, applicable for 15 specified countries on reciprocal basis as below :–  
  Country up to one year / 5 years ($)
8 Australia 215 / 295
9 Czech Republic 190 / 270
10 Ecuador 240 / 320
11 France 275 / 355
12 Iran 165 / 245
13 Ireland 200 / 280
14 New Zealand 130 / 210
15 Nigeria 290 / 370
16 Poland 145 / 255
17 Saudi Arabia 215 / 295
18 Thailand 200 / 280
19 U.A.E. 415 / 495
21 U.K. 155 / 235
22 U.S.A. 140 / 220
 
TABLE II
Employment Visa Fees applicable to 17 countries on reciprocal basis :
Sl.No. Description/Type Visa fees ($) up to 6 months/ 1 year / from 1 year to 5 years
1 Australia 180 / 220 / 300
2 Austria 85 / 125 / 205
3 Canada 150 / 190 / 270
4 Denmark 125 / 165 / 245
5 France 135 / 175 / 255
6 Iran 235 / 275 / 355
7 Ireland 160 / 200 / 280
8 Israel 1000 / 1040 / 1120
9 Italy 105 / 145/ 225
10 New Zealand 145 / 185 / 265
11 Norway 90 / 130 / 210
12 Portugal 90 / 130 / 210
13 Thailand 160 / 200 / 280
14 Turkey 100 / 140 / 220
15 U.A.E. 375/ 415 / 495
16 U.K. 425 / 465 / 545
17 U.S.A. 100 / 140 / 220
TABLE III
Visa Fees for Sri Lankan nationals

Sl.No. Type of visa Validity / No. of entries Fee
1 Transit 15 days / Single/Double Rs.135/-
2 Business i. 6 months / Single Rs. 135/-
ii. 6 months/1 year /Multiple Rs.405/-
iii. 5 years / Multiple US$75/-
3 Employment i. 6 months/Single Rs.135/-
ii. 6 months/Multiple Rs.270/-
iii. 1 year / Multiple Rs.405/-
4 All other types of visa including tourist & student visa i. 6 months / Single Rs.135/-
ii. 6 months / Multiple Rs.270/-
TABLE IV
Visa fees/ other charges applicable to certain nationals :

Pakistan Rs.15/- for all types of visa.
Japanese US$1/- for Transit Visa and US$8/- for all other types of visas.
Russia Service charges of US$40/-. No visa fee chargeable.
Romania Service charges of Rs.4,000/- . No visa fee chargeable.
USA Visa Application Processing Fee of US$20/- in addition to Visa Fee.
List of countries with which bilateral agreements on exemption from requirement of visa by diplomatic, official/service and ordinary passport holders are currently in force as on 08.08.2014

Sl.No. Country Category of passport exempted Period of stay Signed On Remarks
1 Argentina Diplomatic & Official 90 days 31.03.1994 Visa free stay till assignment for those assigned to Mission
2 Armenia Diplomatic only 90 days 31.10.2003 w.e.f. 24.08.2004
3 Bangladesh Diplomatic & Official 45 days
4 Belarus Diplomatic & Official Not specified
5 Bhutan All passports Not specified
6 Brazil Diplomatic & Official 90 days 20.01.2004 w.e.f. 17.11..2004
7 Bulgaria Diplomatic & Official 90 days 03.03.2009 w.e.f. 02.07.2009(**)
8 Cambodia Diplomatic & Official 60 days 09.04.2002 w.e.f..09.05.2002
9 Chile Diplomatic & Official 90 days 24.04.2003 w.e.f. 17.08.2004
10 Colombia Diplomatic & Official 90 days
11 Croatia Diplomatic & Official 30 days 19.09.2007 w.e.f. 08.04.2008
12 Cyprus Diplomatic & Official 90 days 25.05.2007 w.e.f 01.05.2008(**)
13 Ecuador Diplomatic and Official 90 days w.e.f. 18.08.2008
14 Egypt Diplomatic, Official, Special, & Service 90 days 18.11.2008 w.e.f. 15.02.2010(**)
15 El Salvador Diplomatic & Official 90 days 10.06.2008 w.e.f. 01.04.2009
16 France Diplomatic 90 days 17.06.2013 w.e.f. 01.10.2013@
17 Germany Diplomatic only 90 days w.e.f. 01.01.1991
18 Greece Diplomatic only 90 days 01.02.2013 @
19 Guyana Diplomatic & Official 90 days 04.02.2003 w.e.f. 03.01.2005
20 Honduras Diplomatic & Official 90 days 10.06.2008 w.e.f. 01.03.2009
21 Hong Kong Diplomatic & Official @
22 Hungary Diplomatic & Official 90 days 04.11.2003 w.e.f. 01.04.2005(**)
23 Indonesia Diplomatic & Official 30 days w.e.f. 01.08.2008
24 Israel Diplomatic & Official 90 days 09.09.2003 w.e.f. 20.10.2004(**)
25 Japan Diplomatic Only 90 days 12.11.2007 w.e.f. 01.01.2008
26 Kazakhstan Diplomatic & Official 30 days 17.08.1999 w.e.f. 20.11.2000
27 Kyrgyzstan Diplomatic, Official/Service 90 days 19.07.2013 w.e.f. April 2014 @
28 Laos Diplomatic & Official 30 days 06.11.2002 w.e.f. 01.04.2000 @(**)
29 Lithuania Diplomatic only 90 days 10.11.2013
30 Macedonia Diplomatic 90 days 20.01.2009 w.e.f. 15.05.2010
31 Malaysia Diplomatic & Official 90 days 14.05.2001 w.e.f. 01.10.2001
32 Maldives All passports 90 days March 1979
33 Malta Diplomatic only 90 days 10.11.2013
34 Mauritius Diplomatic & Official 90 days
35 Mexico Diplomatic & Official 90 days 21.10.2005 w.e.f. 23.02.2006
36 Mongolia Diplomatic & Official 90 days 23.12.2005 w.e.f. 02.02.2006
37 Myanmar Diplomatic & Official 90 days 02.11.2003 w.e.f. 15.03.2005
38 Namibia Diplomatic & Official 90 days 31.8.2009 w.e.f. 01.11.2011(**)
39 Nepal All passports Not specified
40 Nicaragua Diplomatic, official & service 90 days 10.06.2008 w.e.f. 01.10.2008
41 Paraguay Diplomatic & Official 90 days
42 Peru Diplomatic & Official 90 days 03.06.2003 w.e.f. 16.09.2004
43 Philippines Diplomatic & Official 30 days 05.10.2007 w.e.f. 24.04.2008
44 Republic of Korea (South Korea) Diplomatic & Official 90 days 01.08.2005 w.e.f. 03.10.2005
45 Romania Diplomatic Only 90 days 31.01.2004 w.e.f. 06.02.2008
46 Russia Diplomatic & Official 90 days 03.12.2004 w.e.f. 15.02.2005(**)
47 Serbia Diplomatic & Official 90 days 17.09.2007 w.e.f. 17.07.2009
48 Singapore Diplomatic & Official Not specified 24.01.1994 Tourism agreement
49 Slovenia Diplomatic only 90 days 11.11.2013 w.e.f. May 2014@
50 South Africa Diplomatic & Official 90 days 22.02.2008 w.e.f. 21.05.2008
51 Syria Diplomatic & Official 60 days 10.06.2010 w.e.f. 01.10.2010(**)
52 Tajikistan Diplomatic & Official 30 days 14.11.2003 w.e.f. 19.08.2005(**)
53 Thailand Diplomatic & Official 90 days 09.10.2003 w.e.f. 01.03.2004
54 Turkey Diplomatic only 90 days 08.02.2008 w.e.f. 01.05.2008@
55 Turkmenistan Diplomatic only 30 days 25.05.2010 w.e.f. 01.04.2011
56 Ukraine Diplomatic only 90 days 25.11.2011 w.e.f. 09.09.2012
57 Uruguay Diplomatic & Official 30 days
58 Venezuela Diplomatic & Official 90 days 31.08.2005 w.e.f. 18.11.2005
59 Vietnam Diplomatic & Official 90 days 07.09.1994

(**)Those employed by international organizations require visa.
@ Those assigned to mission require visa

List of Indian Missions/Posts where visa/passport/consular services have been outsourced
S.No Mission / Post Services outsourced
Afghanistan
1 Kabul Visa
Australia
2 Canberra Visa/Passport/OCI/PIO/Consular
3 Melbourne Visa/Passport/OCI/PIO/Consular
4 Sydney Visa/Passport/OCI/PIO/Consular
Austria
5 Vienna Visa
Bahrain
6 Bahrain Visa/Passport
Bangladesh
7 Dhaka Visa
8 Chittagong Visa
Belgium
9 Brussels Visa
Canada
10 Ottawa Visa/Passport/OCI/PIO/Consular
11 Toronto Visa/Passport/OCI/Consular
12 Vancouver Visa/Passport/Consular
China
13 Beijing Visa
14 Shanghai Visa
15 Guangzhou Visa
16 Hong Kong Visa
Colombia
17 Bogota Visa
Finland
18 Helsinki Visa
France
19 Paris Visa
Germany
20 Berlin Visa
21 Frankfurt Visa
22 Hamburg Visa
23 Munich Visa
Greece
24 Athens Visa
Iran
25 Tehran Visa
Israel
26 Tel Aviv Visa
Italy
27 Milan Visa
Japan
28 Tokyo Visa
29 Osaka-Kobe Visa
Jordan
30 Amman Visa
Kuwait
31 Kuwait Visa/Passport
Nepal
32 Kathmandu Visa
Malaysia
33 Kuala Lumpur Visa/Passport/Consular
Netherlands
34 The Hague Visa/Passport/OCI/PIO
Norway
35 Oslo Visa
Oman
36 Muscat Visa/Passport
Philippines
37 Manila
Poland
38 Warsaw Visa
Russia
39 Moscow Visa
40 St.Petersburg Visa
Saudi Arabia
41 Riyadh Visa/Passport/Consular
Jeddah Visa/Passport/Consular
Singapore
43 Singapore Visa/Passport/Consular
South Korea
44 Seoul Visa
Spain
45 Madrid Visa
Sri Lanka
46 Colombo Visa
47 Jaffna Visa
48 Kandy Visa
Sudan
49 Khartoum Visa/Consular
Sweden
50 Stockholm Visa
Switzerland
51 Berne Visa
Thailand
52 Bangkok Visa/Passport
United Arab Emirates
53 Abu Dhabi Visa/Passport/Consular
54 Dubai Visa/Passport/Consular
United Kingdom
55 London Visa/Consular
56 Birmingham Visa/Consular
57 Edinburgh Visa/Consular
United States of America
58 Washington Visa/OCI/PIO/Consular
59 Chicago Visa/OCI/PIO/Consular
60 Houston Visa/OCI/PIO/Consular
61 New York Visa/OCI/PIO/Consular
62 San Francisco Visa/OCI/PIO/Consular
Yemen
63 Sana’a Visa

Allied Health Professions in India

Stethoscope

Allied health professions generally indicate that they are health professions distinct from medicine, dentistry, pharmacy and nursing. The list of allied health professions includes but is not limited to the following disciplines:

 Audiology
 Behavioral health (counseling, marriage and family therapy etc.)
 Exercise physiology
 Nuclear medicine technology
 Medical Laboratory Scientist
 Dietetics
 Occupational therapy
 Optometry
 Orthoptics
 Orthotics and prosthetics
 Osteopathy
 Paramedic
 Podiatry
 Health Psychology/Clinical Psychology
 Physiotherapy
 Radiation therapy
 Radiography / Medical imaging
 Respiratory Therapy
 Sonography
 Speech pathology

Medical Degrees in India

Medical

ALLOPATHY MEDICAL DEGREES

GRADUATE

MBBS

PG DIPLOMA (WITH BASIC DEGREE AS MBBS) IN SPECIALTY/SUPER SPECIALTY
Diploma in Oto-Rhino-Laryngology
Diploma in Radio-Diagnosis
Diploma in Radio Therapy
Diploma in Medical Virology
Diploma in Occupational Health
Diploma in Ophthalmology
Diploma in Orthopaedics
Diploma in Public Health
Diploma in Physical Medicine and Rehabilitation
Diploma in Psychological Medicine
Diploma in Radiation Medicine
Diploma in Sports Medicine
Diploma in Tuberculosis and Chest Diseases
Diploma in Tropical Medicine Health
Diploma in Dermatology, Venereology and Leprosy
Diploma in Venereology
Diploma in Paediatrics
Diploma – Aviation Medicine
Diploma in Cardiology
Diploma in Basic Medical Sciences (Anatomy)
Diploma in Basic Medical Sciences (Physiology)
Diploma in Basic Medical Sciences (Pharmacology)
Diploma in Maternity and Child Welfare
Diploma -Diploma V and D
Diploma in Medical Radioligy and Electrology
Diploma – Diploma in Pathology and Bacteriology
Diploma in Microbiology
Diploma in Path. and Bact.
Diploma in Industrial Health
Diploma in Allergy and Clinical Immunology
Diploma in Anesthesia
Diploma in Child Health
Diploma in Community Medicine
Diploma in Clinical Pathology
Diploma in Dermatology
Diploma in Diabetology
Diploma in Forensic Medicine
Diploma in Health Administration
Diploma in Hospital Administration
Diploma in Health Education
Diploma in Immuno-Haematology and Blood Transfusion
Diploma in Leprosy
Diploma (Marine Medicine)

POST GRADUATE DEGREE (WITH BASIC DEGREE AS MBBS) IN SPECIALTY

MD – Tropical Medicine
MD – Maternity and Child Health
MD – CCM
MD – Sports Medicine
MD-Transfusion Medicine
MD – Immuno Haematology and Blood Transfusion
Master of Public Health (Epidemiology) With basic degree as MBBS
MD – Anaesthesiology
MD – Aviation Medicine
MD – Bio-Chemistry
MD – Bio-Physics
MD – Forensic Medicine/Forensic Medicine and Toxicology
MD – General Medicine
MD – Community Health Administration
MD – Geriatrics
MD – Hospital Administration
MD – Lab Medicine
MD – Microbiology
MD – Nuclear Medicine
MD – Obstetrtics and Gynaecology
MD – Paediatrics
MD – Dermatology , Venereology and Leprosy
MD – Pharmacology
MD – Physiology
MD – Physical Medicine and Rehabilitation
MD – Psychiatry
MD – Radiotherapy
MD – Social and Preventive Medicine / Community Medicine
MD – Venereology
MD – Pathology and Microbiology
MD – Emergency Medicine
MD – Family Medicine
MD – Radio Diagnosis/Radiology
MD – Aviation Medicine/Aerospace Medicine
MD – Rheumatology
MD – Palliative Medicine
MD/MS – Obstetrtics and Gynaecology
MS – Orthopaedics
MS – ENT
MS – General Surgery
MD/MS – Anatomy
MD/MS – Ophthalmology
Master of Hospital Administration (with basic degree as MBBS)
Master Degree in Applied Epidemiology (with basic degree as MBBS)
Master of Public Health (with basic degree as MBBS)

SUPER SPECIALTY DEGREE DM, MCH (with basic degree as MBBS)

DM – Neurology
DM – Rheumatology
DM – Endocrinology
DM – Clinical Immunology
DM – Pul. Med. and Critical Care Med
DM – Cardiac-Anaes.
DM – Haematology Pathology/Hematopthology
DM – Medical Genetics
DM – Organ Transplant Anaesthesia and Critical Care
DM – Critical Care Medicine
DM – Paediatric Hepatology
DM – Paediatric Neurology
DM – Neuro Anaesthesia
DM – Paediatric Nephrology
DM – Reproductive Medicine
DM – Infectious Disease
DM – Paediatric Oncology
DM – Geriatric Mental Health
DM – Paediatric Critical Care
DM – Paediatric Haematology Oncology
DM – Paediatric and Neonatal Anaesthesia
DM – Clinical Pharmacology
DM – Clinical Haematology
DM – Pulmonary Medicine
DM – Neuro Radiology
DM – Nephrology
DM – Neonatology
DM – Oncology
DM – Gastroenterology
DM – Cardiology
DM – Infectious Diseases
DM – Hepatology
DM – Immunology
DM – Pediatrics Gastroenterology
DM – Pediatrics Cardiology
M.Ch – Endocrine Surgery
M.Ch. – Hand and Micro Surgery
M.Ch. – Hand Surgery
M.Ch. – Head and Neck Surgery
M.Ch – Vascular Surgery
M.Ch – Cardio Thoracic Surgery
M.Ch – Cardio Thoracic and Vascular Surgery
M.Ch – Neuro Surgery
M.Ch – Paediatric Surgery
M.Ch – Plastic Surgery
M.Ch – Surgical Gastroenterology/G.I. Surgery
M.Ch – Surgical Oncology
M.Ch – Thoracic Surgery
M.Ch – Hepato Pancreato Biliary Surgery
M.Ch – Urology/Genito-Urinary Surgery
M.Ch – Gynaecological Oncology
M.Ch – Pediatric Cardio-Thoracic Vascular Surgery

FCPS Fellowship of the College of Physicians and Surgeons (WITH BASIC DEGREE AS MBBS)

F.C.P.S.(Medicine)
F.C.P.S.(Pathology)
F.C.P.S.(Surgery)
F.C.P.S.(Mid. and Gynae)
F.C.P.S.(Ophthalmology)
PDCC Post-Doctoral Certificate Courses (WITH BASIC DEGREE AS MBBS)
PDCC – Gastro-Radiology
PDCC – Cardiac-Anaesthesia
PDCC – Neuro-Anaesthesia
PDCC – Organ Transplant Anaesthesia
PDCC – Paediatric Endocrinology
PDCC – Critical Care Medicine
PDCC – Paediatric Gastroenterology
PDCC – Laboratory Immunology
PDCC – Infectious Diseases
PDCC – Nuclear Nephrology
PDCC – Renal Pathology
PDCC – Neuro-Radiology
PDCC – Aphaeresis Technology and Blood Component Therapy
PDCC – Pain Management
PDCC – Haemato-Oncology
PDCC – Paediatric Endocrinology
PDCC – Paediatric ENT
PDCC – Interventional Radiology
PDCC – Spine Surgery

ALLOPATHY DENTAL DEGREES

GRADUATE
B. D. S.

POST GRADUATE DEGREE/DIPLOMA

MDS – Prosthodontics and Crown and Bridge
MDS – Periodontology
MDS – Oral and Maxillofacial Surgery
MDS – Conservative and Endodontics
MDS – Orthodontics and Dentofacial Orthopaedics
MDS – Oral Pathology and Microbiology and Forensic Odontology
MDS – Public Health Dentistry
MDS – Paediatric and Preventive Dentistry
MDS – Oral Medicine and Radiology

PG Diploma in Prosthodontics and Crown and Bridge

PG Diploma in Periodontology
PG Diploma in Oral and Maxillofacial Surgery
PG Diploma in Conservative and Endodontics
PG Diploma in Orthodontics and Dentofacial Orthopaedics
PG Diploma in Oral Pathology and Microbiology and Forensic Odontology
PG Diploma in Public Health Dentistry
PG Diploma in Paediatric and Preventive Dentistry
PG Diploma in Oral Medicine and Radiology

AYUSH DEGREES

GRADUATE
B.A.M.S
B.H.M.S
BNYS (Bachelor of Naturopathy and Yogic Sciences
B.S.M.S
BTMS (Bachelor in Tibetan Medical System or Amchi Chikitsa Acharya)
B.U.M.S

POST GRADUATE

M.D. (Ayurved)
M.D. (Homoeopathy)
M.D. (Unani Medicine)
M.D. (Siddha)
Any other AYUSH Degree (only if recognised by Central/State Govt/Regulatory Council)

List of Medical Procedures in India

Medical

S No PROCEDURE NAME

OPD PROCEDURES

1 Dressings of wounds

2 Aspiration Plural Effusion – Diagnostic

3 Aspiration Plural Effusion – Therapeutic

4 Abdomil Aspiration – Diagnostic

5 Abdomil Aspiration – Therapeutic

6 Pericardial Aspiration

7 Joints Aspiration

8 Biopsy Skin

9 Removal of Stitches

10 Venesection

11 Sterl puncture

12 Injection for Haemorrhoids

13 Injection for Varicose Veins

14 Catheterisation

15 Dilatation of Urethra

16 Incision & Draige

17 Intercostal Draige

18 Peritoneal dialysis

GENERAL SURGERY

Operations on Edocrine system

19 Hemithyroidectomy

20 Resection Enucleation – Thyroid

21 Subtotal Thyroidectomy

22 Laproscopic Sub total Thyroidectomy

23 Isthmectomy

24 Laproscopic Isthmectomy

25 Partial Thyroidectomy

26 Total Thyroidectomy

27 Laproscopic Total Thyroidectomy

28 Total Thyroidectomy and Block Dissection

29 Laproscopic Thyroid Nodule Excision

30 Excision of Lingual Thyroid

31 Excision of Thyroglossal Cyst Fistula

32 Hemithyroplasty

33 Thyroplasty

34 Parathyroidectomy -Non Malignant

35 Excision of Parathyroid Adenoma/Carcinoma

36 Unilateral Adrenelectopmy in nonmalignant conditions

37 Bilateral Adrenalectomy in nonmalignant conditions

38 Laproscopic Adrenelectomy

Operations on Salivary gland

39 Parotid Duct Repair

40 Parotidectomy – Superficial

41 Parotidectomy – Total

42 Parotidectomy – Radical

43 Removal of Submandibular Salivary gland

44 Excision of Submandibular Lymphs –

45 Excision of Submandibular Mass + Reconstruction

46 Excision ofParotid Tumour

Oral Surgery

47 Partial Glossectomy

48 Hemiglossectomy

49 Total Glossectomy

50 Wedge Excision of Lip

51 ABBE Operation

52 Estlander Operation

53 Vermilionectomy

54 Excision of Large Growth from Tongue

55 Excision of Small Growth from Tongue

Operations on Head and Neck

56 Excision of Branchial Cyst

57 Excision of Branchial Sinus

58 Excision of Branchial Fistula

59 Excision of Carotid Body Tumours

60 Hemimandibulectomy

61 Segmental Mandible Excision

62 Mandibulectomy

63 Temporal Bone subtotal resection

64 Excision of Cervical Rib

65 Excision of Swelling in Right Cervical Region

66 Simple Mastectomy (Non Malignant)

67 Excision of the Maxilla

68 Laryngectomy with Block Dissection

69 Total Laryngectomy

70 Laryngo Pharyngectomy

71 Total Pharyngectomy & Reconstruction

72 Fibroptic examination of Larynx under LA

73 Excision of Cystic Hygroma -Extensive

74 Excision of Cystic Hygroma -Major

75 Excision of Cystic Hygroma Excision

76 Cheek Advancement

77 Block Dissection of Cervical Lymph Nodes

78 Modified Radical Neck Dissection

79 Tracheal Stenosis (End to end Anastamosis) (Throat)

80 Tracheoplasty (Throat)

81 Correction Surgery of Tracheo Oesophageal Fistula

Gastrodueodenal operations

82 Highly Selective Vagotomy

83 Selective Vagotomy drainage

84 Pyloroplasty & Vagotomy

85 Pyloroplasty

86 Gastrojejunostomy & Vagotomy

87 Surgical Management for Bleeding Peptic ulcer

88 Partial/Subtotal Gastrectomy with anastomosis to Esophagus for ulcer

89 Pyloromyotomy

90 Gastrostomy

91 Gastrostomy Closure

92 Surgical management of Duodenal perforation

93 Laproscopic Surgical treatment for Duodenal Perforation

94 Duodenal Diverticulum

95 Duodenectomy

96 Gastro jejuno Colic Fistula

97 Laproscopic GI bypass operation

98 Pancreato Duodenectomy

99 Oesophago Gastrectomy for mid 1/3 lesion

100 Oesophago Gastrectomy – Lower Corringers procedure

101 Oesophageal Intubation (Mausseau Barbin Tube)

102 Surgical Management for Achalasia Cardia -Transthoracic

103 Surgical Management for Achalasia Cardia- Abdominal

104 Gastroscopy

105 Gastric & Duodenal Biopsy (Endoscopic)

106 Simple Closure of Perforated peptic Ulcer

107 Duodenojejunostomy

108 Direct Operation on Oesophagus for Portal Hypertension

Operations on Small Intestine

108 Surgical treatment for Intususception

109 Surgical treatment for Acute Intestinal obstrucion

110 Surgical treatment for Acute Intestinal perforation

111 Surgical management For Haemorrhage of the Small Intestine

112 Surgical treatment For Recurrent Intestinal obstruction (Noble Plication Other)

113 Resection & Anastomosis Of Small Intestine(45.9)

114 Ileostomy

115 Ileostomy Closure

116 Excision Small Intestinal Fistulla

117 Excision of Benign Tumor -Small intestine

118 Excision of Meckel’s Diverticulum

119 Closure of Hollow Viscus Perforation

120 Operation for Gastrojejunal Ulcer

121 Laproscopic treatment For intestinal obstruction

122 Intestinal resection

Operations on Large Intestine

123 Surgical treatment for Mal-Rotation & Volvulus Of The Midgut

124 Surgical treatment for Volvulus of Large bowel

125 Surgical treatment for Duplication Of Intestines

126 Left Hemi Colectomy

127 Laproscopic Left Hemicolectomy

128 Right Hemi Colectomy

129 Laproscopic Right Hemi Colectomy

130 Total Colectomy

131 Laproscopic Total Colectomy

132 Colostomy Closure

133 Colocystoplasty

134 Loop Colostomy Transverse Sigmoid

135 Terminal Colostomy

136 Ilieotransverse Colostomy and related resection

137 Caecostomy

138 Ilieo Sigmoidostomy

139 Sigmoid Diverticulum

140 Caecopexy

141 Colon Transplant

Operations on Rectum and Anus

142 Pull Through Abdominal Resection

143 Anterior Resection of Rectum

144 Laproscopic Anterior Resection

145 Abdomino-Perineal Excision of Rectum

146 Rectovaginal fistula Management without Colostomy

147 Rectal Dilation

148 Prolapse Rectum – Theirch Wiring

149 Prolapse Rectum – Rectopexy

150 Laproscopic Rectopexy

151 Operations for Hirschsprungs Disease

152 Anorectoplasty

153 Fissurectomy

154 Fissurectomy and Haemorrhoidectomy

155 Fissurectomy with Eversion of Sac – Bilateral

156 Fissurectomy with Sphincterotomy

157 Sphineterotomy

158 Fistula in Ano – High Fistulectomy

159 Fistula in Ano – Low Fistulectomy

160 Haemorrhoidectomy

161 Stapler haemorrhoidectomy

162 Haemorrhoid – injection

163 Lords Procedure (haemorrhoids)

164 Papilloma Rectum – Excision

165 Haemorroidectomy+ Fistulectomy

166 Prolapse of Rectal Mass – Excision

167 Rectal polyp

168 Drainage of Ischio Rectal Abscess

169 Anal Dilatation

Operations on Liver,Pancreas

170 Surgical treatment For Hydatid cyst of Liver

171 Portocaval Anastomosis

172 Excision of liver Abscess

173 Laproscopic treatment of Pseudo Pancreatic cyst

174 Laproscopic Removal of hydatid cyst

175 Laproscopic whipples operation

176 Hepatic Resection (lobectomy)

Operations on Gall Blader

177 Cholecystectomy

178 Cholecystectomy With CBD Exploration (51.41)

179 Cholecystostomy

180 Cholecystectomy and Drainage of Liver abscess

181 Cholecystectomy with Excision of TO Mass

182 Pancreaticocystojejunostomy

183 Pancreaticocystogastrostomy

184 Repair Of CBD

185 Laproscopic CBD Exploration and Repair

186 Laproscopic Cholecystectomy With Gargrene

187 Laproscopic Cholecystectomy For Calculus

188 Laproscopic Cholecystectomy & CBD exploration

Operations on Spleen

189 Splenectomy For Hypersplenism

190 Splenorenal Anastomosis

191 Warren Shunt for Portal Hypertension

192 Laproscopic Splenectomy – For other Indications

193 Splenectomy – For Trauma

Operations on Appendix

194 Laproscopic Appendicectomy

195 Surgical treatment for Appendicular Perforation

196 Laproscopic Surgical treatment for Appendicular Mass-Abscess

197 Open Appendicectomy

198 Appendicular Abscess – Drainage

199 Adhenolysis + Appendicectomy

Operations on Abdomen -Hernia

200 Epigastric Hernia repair without Mesh

201 Epigastric Hernia repair with Mesh

202 Laproscopic Surgical treatment for Epigastric Hernia repair with Mesh

203 Unilateral Femoral Hernia repair

204 Laproscopic Surgical treatment for Unilateral Femoral Hernia Without Mesh

205 Laproscopic Surgical treatment for Unilateral Femoral Hernia With Mesh

206 Umbilical Hernia repair without Mesh

207 Umbilical Hernia repair with Mesh

208 Laproscopic umbilical hernia repair

209 Ventral And Scar Hernia repair without Mesh

210 Ventral And Scar Hernia repair with Mesh

211 Laproscopic Ventral Hernia Repair

212 Hiatus Hernia Repair – Abdominal

213 Hiatus Hernia Repair- Transthoracic

214 Laproscopic Surgical treatment for Hiatus Hernia With Mesh

215 Rare Hernias repair (Spigalion,Obuturator,Sciatic)

216 Herinoplasty without Mesh for Direct Inguinal Hernia

217 Herinoplasty with Mesh Direct Inguinal Hernia

218 Bilateral Inguinal Hernia repair

219 Unilateral Inguinal hernia repair

220 Laproscopic Inguinal Hernia repair

221 Laproscopic Surgical treatment for Incisional Hernia without Mesh

222 Laproscopic Surgical treatment for Incisional Hernia with Mesh

223 Incisional Hernia Repair

224 Laproscopic Paraumblical Hernia Repair

225 Congenital Diaphragmatic Hernia

226 Herniorraphy and Hydrocelectomy Sac Excision

Operations on Breast

227 I & D of Breast Abscess

228 Breast Conservation Surgery

229 Unilateral Lumpectomy

230 Bilateral Lumpectomy

231 Radical mastectomy-formal or modified.

232 Segmental resection of breast

233 Excision Mammary Fistula

Operations on Scrotum

234 Hydrocelectomy + Orchidectomy

235 Orchidectomy -Unilateral

236 Epididymectomy

237 Epididymal Swelling -Excision

238 Epididymal Cyst

239 Evacuation of Scrotal Hematoma

240 Excision of Filarial Scrotum

241 Excision of Cyst over Scrotum

242 Excision of Scrotal Swelling (Multiple)

243 Fibro Lipoma of Right Sided Spermatic with Lord Excision

244 Hydrocelectomy

245 Hydrocelectomy+Hernioplasty

246 Excision of Hydrocele – Unilateral

247 Excision of Hydrocele – Bilateral

248 Dorsal Slit and Reduction of Paraphimosis

249 Laproscopic Excision of Varicocele Cyst

250 Surgical treatment for Fourniers Gangrene

251 Orchidectomy + Herniorraphy

252 Orchidopexy with Circumsion

253 Orchidopexy With Eversion of Sac

254 Orchidopexy with Herniotomy

255 Orchititis

256 Vasco Vasostomy

257 Ureterotomy

258 Vesicostomy

259 Vasectomy

Operations for Trauma

260 Surgical treatment for Minor Abdominal Injuries

261 Surgical treatment for Major Abdominal Injuries

262 Surgical treatment for Cut Throat Injury

263 Burst Abdomen Obstruction

264 Injury Of Superficial Soft Tissues

265 Secondary suture of wounds

266 Debridement of wounds

267 Suturing of wounds with local anesthesia

269 Suturing without local anesthesia

General operations

270 Retroperitoneal Tumor – Excision

271 Laproscopic Surgical treatment for Intra Abdominal Abscess

272 Treatment with Self Expanding Metalic Stent (SEMS)

273 Laproscopic-Lumbar Sympathectomy

274 Arteriovenous (AV) Malformation of Soft Tissue Tumour – Excision

275 Bakers Cyst – Excision

276 Bursa – Excision

277 Carbuncle back

278 Surgical treatment for Ingrowing Nail

279 Cervical Lymphnodes – Excision

280 Cystic Mass – Excision

281 Dermoid Cyst – Large – Excision

282 Dermoid Cyst – Small – Excision

283 Paronychia Drainage

284 Drainage of large Abscess

285 Drainage of Peripherally Gastric Abscess

286 Drainage of Psoas Abscess

287 Drainage of Subdiaphramatic Abscess

288 Pelvic Abscess – Open Drainage

289 Excision of Large Swelling in Hand

290 Excision of Small Swelling in Hand

291 Excision of Neurofibroma

292 Exicision of Sinus and Curetage

293 Fibroadenoma – Bilateral

294 Fibroadenoma – Unilateral

295 Fibroma – Excision

296 Foreign Body Removal in Deep Region

297 Fulguration

298 Fundoplication -Open

299 Ganglion – large – Excision

300 Ganglion (Dorsum of Both Wrist) – Excision

301 Ganglion – Small – Excision

302 Ganglion Sclerotherapy

303 Graham’s Operation

304 Granuloma – Excision

305 Growth – Excision

306 Nodular Cyst

307 Infected Bunion Foot – Excision

308 Cysto Reductive Surgery

309 Mesenteric Cyst – Excision

310 Mesenterico Caval Anastomosis

311 Oeshophagoscopy for foreign body removal

312 Phytomatous Growth in the Scalp – Excision

313 Sebaceous Cyst – Excision

314 Spindle Cell Tumor – Excision

315 Swelling in Rt and Lt Foot – Excision

316 Swelling Over Scapular Region

317 Umbilical Sinus – Excision

318 Aneurysm not Requiring Bypass Techniques

319 Aspiration of Empyema

320 Benign Tumour Excisions

321 Excision of Corns

322 Excision of Moles

323 Excision of Molluscumcontagiosum

324 Excision of Superficial lipoma

325 Excision of Superficial Neurofibroma

326 Abdomino Perioneal (Exomphalos)

327 Supra Pubic Drainage – Open

328 Abdominal open for stress incision

329 Superficial Varicosity

330 Phimosis Under LA

331 Trendal Burge Ligation and Stripping

332 Trendelenburg Operation

333 Ligation of Ankle Perforators

334 Excision Axillary Lymph Node

335 Excision of Inguinal Lymph Node

336 Excision Biopsy of Ulcers

337 Lymph Node Biopsy

338 Excision Biopsy of Superficial Lumps

339 Incision Biopsy of Growths/Ulcers

340 Trucut Needle Biopsy

341 Percutaneous Kidney Biopsy

342 Marrow Biopsy (Open)

343 Muscle Biopsy

344 Scalene Node Biopsy

345 Excision Biopsies

346 Exploratory Laparotomy

347 Excision of Pilonidal Sinus with closure

348 Radio ablation of varicose veins

349 Laser ablation of varicose veins

350 Varicose veins – injection

351 Excision of Warts

352 Excision of Veneral Warts

353 keloid excision

354 I/D Injection Keloid of Acne

355 Chemical Cautery (s)

356 Hyoid Suspension

357 Genioplasty

358 Flap Reconstructive Surgery

ENT Surgery

Ear

359 Labyrinthectomy

360 Facial Nerve Decompression

361 Temporal Bone Excision

362 Mastoidectomy

363 Mastoidectomy corticol module radical

364 Mastoidectomy With Myringoplasty

365 Mastoidectomy with tympanoplasty

366 Mastoidectomy plus Ossciculoplasty including TORP or PORP

367 Myringoplasty

368 Myringoplasty with Ossiculoplasty

369 Myringotomy – Bilateral

370 Myringotomy – Unilateral

371 Myringotomy with Grommet – One ear

372 Myrinogotomy with Grommet – Both ear

373 Ossiculoplasty

374 Partial amputation – Pinna

375 Preauricular sinus

376 Tympanoplasty

377 Otoplasty

378 Stapedectomy – Veingraft

379 Polyp removal ear

380 Aural polypectomy

381 Decompression sac

382 Fenestration

383 Vidian neurectomy – Micro

384 Ear lobe repair – single

385 Excision of Pinna for Growth (Squamous/Basal/ Injuries) Skin and Cartilage

386 Excision of Pinna for Growth (Squamous/Basal/ Injuries) Skin Only

387 Total Amputation & Excision of External Auditory Meatus

388 Total amputation of Pinna

389 Pure Tone Audiogram

390 Impedence with stepedeal reflex

391 SISI Tone Decay

392 Multiple hearing assessment test to Adults

393 Removal of foreign body From Ear

394 Syringing (Ear)

395 Cold Calorie Test for Vestibular function

396 Removal of Impacted Ear wax

Throat

397 Microlaryngeal Surgery

398 Phono Surgery For Vocal Cord Paralysis

399 Laryngo Fissurectomy

400 Laryngectomy in nonmalignant conditions

401 Surgical treatment for Laryngotracheal stenosis

402 Exision of Tumors In Pharynx

403 Exision of Parapharyngeal Tumour

404 Adenoidectomy – Gromet Insertion

405 Uvulo Palato – Pharyngoplasty

406 Uvulo-palatoplasty

407 Pharyngectomy and reconstruction

408 Adeno Tonsillectomy

409 Arytenoidectomy

410 Tonsillectomy + Myrinogotomy

411 Tonsillectomy – Bilateral

412 Tonsillectomy – Unilateral

413 Pharyngeal diverticulum’s – Excision

414 Oro Antral fistula

415 Parapharyngeal – Exploration

416 Parapharyngeal Abscess – Drainage

417 Pharyngoplasty

418 Release of Tongue tie

419 Retro pharyngeal abscess – Drainage

420 Peritonsillar abscess drainage under LA

421 Pharyngoplasty

422 Direct laryngoscopy including Biopsy under GA

423 Sub Mandibular Duct Lithotomy

Nose

424 Endoscopic Sinus Surgery

425 Excision of Benign tumours of Nose

426 Surgery for Angiofibroma

427 Endoscopic Surgery for Dacrocystitis

428 Bronchoscopy Foreign Body Removal from Oesophagus/Bronchous(98.15.2)

429 Antrostomy – Bilateral

430 Antrostomy – Unilateral

431 Caldwell – luc – Bilateral

432 Caldwell – luc- Unilateral

433 Skull base surgery

434 Ant. Ethmoidal artery ligation

435 Cryosurgery

436 Rhinorrhoea – Repair

437 Septoplasty + FESS

438 Ethmoidectomy – External

439 Intra Nasal Ethmoidectomy

440 Rhinotomy – Lateral

441 Nasal polypectomy – Bilateral

442 Nasal polypectomy – Unilateral

443 Choanal atresia

444 Turbinectomy Partial – Bilateral

445 Turbinectomy Partial – Unilateral

446 Radical fronto ethmo sphenodectomy

447 Septoplasty

448 Sinus Antroscopy

449 Submucos resection

450 Trans Antral Ethmoidectomy

451 Endoscopic DCR

452 Endoscopic Hypophysectomy

453 Intranasal Diathermy

454 Lateral Rhinotomy

455 Rhinosporosis

456 Septo-rhinoplasty

457 Rhinoplasty- Non-cosmetic

458 Styloidectomy – Both side

459 Styloidectomy – One side

460 Tonsillectomy + Styloidectomy

461 Commondo Operation

462 Ranula excision

463 Adventious Burse – Excision

464 Septoplasty + Functional Endoscopic Sinus (FESS)

465 Septal Perforation Repair

466 Removal of foreign body From Nose

467 Polyp removal under LA

468 Polyp removal under GA

469 FESS for Antrochoal polyp

470 FESS for Ethmoidal polyp

471 Yonges operation for Atrophic rhinitis

472 Vidian neurectomy for vasomotor Rhinitis

473 Antrum Puncture

474 Speech Discrimition Score

475 Speech Assessment

476 Speech therapy per session of 30-40 minutes

477 Cranio-facial resection

478 Endoscopic Hypophysectomy

479 Decompression of Orbit

480 Endolymphatic sac decompression

481 Diagnostic sal endoscopy under GA

482 Sal Packing-anterior

483 Sal Packing-posterior

Ophthalmology

Cornea and Sclera

484 Therapeutic Penetrating Keratoplasty

485 Corneal Patch Graft

486 Double Z-Plasty

487 Amniotic Membrane Graft for Cornea/Sclera (12.87.2)

488 Perforating corneo – Scleral Injury

489 Removal of Corneal foreign body

490 Cyanoacrylate /fibrin glue application for corneal perforation

Vitro – Retina

491 Vitrectomy

492 Vitrectomy – Membrane Peeling – Endolaser – Silicon oil or Gas – with or without belt buckling

493 Vitrectomy – Membrane Peeling- Endolaser

494 Vitrectomy Plus Silicon Oil Or Gas (14.75)

495 Removal Of Silicon Oil Or Gas post Vitrectomy

496 Monthly Intravitreal Anti-Vegf For Macular Degeneration – Per Injection (Maximum – 6)

497 Scleral buckle procedure for Retinal detachment

498 Photocoagulation for Retinopathy

499 Photocoagulation For Retinopathy Of Prematurity

500 Cryoretinopexy – Closed

501 Cryoretinopexy – Open

502 Cataract – Bilateral

503 Cataract – Unilateral

504 Cataract + Pterygium

505 Paediatric Cataract Surgery (Phacoemulsification IOL)

506 Glaucoma filtering surgery for paediatric glaucoma

Orbit

507 Socket Reconstruction

508 Dermis Fat Graft

509 Orbitotomy

510 Evisceration /Enucleation with Orbital implant

511 Decompression/Excision Of Optic Nerve Lesions

512 Surgical Management of Proptosis

Squint corection surgery

513 Rectus Muscle Surgery(Single)

514 Oblique muscle surgery

515 Rectus Muscle Surgery(Twohree)

Lid surgery

516 Lid Reconstruction surgery

517 Abscess Drainage of Lid

518 Small Tumour of Lid – Excision

519 Anterior Chamber Reconstruction

520 Canaliculo Dacryocysto Rhinostomy

521 Capsulotomy

522 Cyclocryotherapy

523 Cyst

524 Dacrocystectomy With Pterygium – Excision

525 Pterigium + Conjunctival Autograft

526 Dacryocystectomy

527 Exentration

528 Intraocular Foreign Body Removal

529 Lensectomy

530 Limbal Dermoid Removal

531 Membranectomy

532 Pterygium (Day care)

533 Radial Keratotomy

534 IRIS Prolapse – Repair

535 Iridectomy

536 Tumours of IRIS

537 Acid and alkali burns

538 Cauterisation of ulcer/subconjuctival injection – both eye

539 Cauterisation of ulcer/subconjuctival injection – One eye

540 Conjuntival Melanoma

541 Dacryocystectomy (DCY)

542 EKG

543 Epicantuhus correction

544 Epiliation

545 Laser inter ferometry

546 Acromion reconstruction

547 Subconjunctival/subtenon’s injections in one eyes

548 Subconjunctival/subtenon’s injections in both eyes

549 Conjunctival peritomy

550 Conjunctival wound repair or exploration following blunt trauma

551 Bandage contact lenses for corneal perforation

552 Keratoconus correction with therapeutic contact lenses

553 UV radiation for cross-linking for keratoconus

554 EDTA for band shaped keratopathy

555 Arcuate keratotomy for astigmatism

556 Re-suturing (Primary suturing) of corneal wound

557 Penetrating keratoplasty —- with glaucoma surgery

558 Penetrating keratoplasty — with vitrectomy

559 Penetrating keratoplasty —- with IOL implantation

560 DALK- Deep anterior lamellar keratoplasty

561 Keratoprosthesis stage I and II

562 DSAEK- Descemet’s stripping automated endothelial keratoplasty

563 ALTK- Automated lamellar therapeutic keratoplasty

564 Probing and Syringing of lacrimal sac- in one eye

565 Probing and Syringing of lacrimal sac- in both eye

566 Dacryocystorhinostomy—Plain

567 Dacryocystorhinostomy—Plain with intubation and/or with lacrimal implants

568 Dacryocystorhinostomy—conjunctival with implant

569 Caliculoplasty

570 Punctal plugs for dry eyes

571 Refraction

572 Indirect ophthalmoscopy

573 Orthoptic check-up- with synoptophore

574 Lees’ charting or Hess’ charting

575 Orthoptic exercises

576 Pleoptic exercises

577 Perimetry/field test—Goldman

578 Perimetry/field test— automated

579 Fluorescein angiography for fundus or iris

580 Ultrasound A- Scan

581 Ultrasound B- Scan

582 Indocyanin green angiography

583 Corneal endothelial cell count with specular micropscopy

584 Corneal topography

585 Corneal pachymetry

586 Auto-refraction

587 Macular function tests

588 Potential acuity metry

589 Laser interferometry

590 OCT- Optical coherence tomography

591 HRT- Heidelberg’s retil tomogram

592 GDX— Nerve fibre layer alyzer

593 UBM- Ultrasound biomicroscopy

594 Non Contact tonometry

595 IOP measurement with schiotz

596 IOP measurement with applation tonometry

597 Three mirror examition for reti

598 90 D lens examition

599 Gonioscopy

600 Ptosis surgery with LPS resection

601 Ptosis surgery with Sling surgery

602 Cantholysis and canthotomy

603 Tarsorraphy

604 Suturing of lid lacerations

605 Lid retraction repair

606 Concretions removal

607 Bucket handle procedure for lid tumors

608 Cheek rotation flap for lid tumors

609 Enucleation

610 Evisceration

611 Evisceration with orbital implants and artificial prosthesis

612 Telecanthus correction

613 Orbital decompression

614 Exenteration

615 Exenteration with skin grafting

616 Fracture orbital repair

617 Retil laser procedures

618 Retil detachment surgery

619 Retil detachment surgery with scleral buckling

620 Buckle removal

621 Anterior retil cryopexy

622 Squint correction for one eye

623 Squint correction for both eyes

624 Trabeculectomy

625 Trabeculotomy

626 Trabeculectomy with Trabeculotomy

627 Trephition

628 Goniotomy

629 Glaucoma surgery with Glaucoma valves

630 Cyclocryotherapy

631 YAG laser iridotomy

632 YAG laser capsulotomy

633 ALT-Argon laser trabeculoplasty

634 PDT-Photodymic therapy

635 TTT- Transpupillary thermal therapy

636 PTK- Phototherapeutic keratectomy

637 Argon/diode laser for reti

638 Intralase application for keratoconus

639 EOG- electro-oculogram

640 VEP- visually evoked potential

641 Vitrectomy- pars pla

642 Intravitreal injections- of antibiotics

643 Intravitreal injections- of avastin

644 Intravitreal injections- of lucentis

645 X- Ray orbit

646 CT-orbit and brain

647 MRI- Orbit and brain

648 Dacryocystography

649 Orbital angio-graphical studies

650 ECCE with IOL

651 SICS with IOL

652 Phaco with foldable IOL (silicone and acrylic)/PMMA IOL

653 Pars pla lensectomy with/without IOL

654 Secondary IOL implantation- AC IOL PC IOL or scleral fixated IOL

655 Cataract extraction with IOL with capsular tension rings (Cionni’s ring)

656 Optic nerve sheathotomy

657 Iridodialysis repair or papillary reconstruction

658 Iris cyst removal

659 Lid Abscess incision and draige

660 Orbital Abscess incision and draige

661 Paracentesis

662 Scleral graft for scleral melting or perforation

663 Cyclodiathermy

664 Intraocular foreign body removal

665 Electrolysis

666 Botulinum injection for blepharospasm or squint

667 Ectropion correction

668 Entropion correction

669 Surgical treatment for Ankyloblepharon

670 Lagophthalmos correction

671 Surgery for Congenital dacrocystitis

672 Congenital NLD probing

673 External Dacryocysto rhinostomy

674 Fornix forming sutures

675 Surgical treatment for Symblepharon

676 Surgical treatment for Other disorders of iris and ciliary body

677 Removal of blood clot

678 Bandage contact lens with glue application

679 Cataract surgery phacoemulsification

680 Cataract surgery phacoemulsification +IOL

681 Excision of Benign neoplasm of Eye and Adnexa

682 Dermoid cyst excision

Gynaecology and Obstetrics

Ovary

683 Ovarian Cystectomy

684 Cyst Aspiration

685 Laparoscopic Overian cystectomy

686 Ovarectomy/Oophrectomy

687 Laparoscopic Oophrectomy

688 Laproscopic Salphingo-Oophorectomy

689 Surgical Management of Ovarian Tumours

690 Surgical Management of Tubal Ovarian mass

691 Staging laparotomy surgery for CA Ovary

Hysterectomy

692 Hysterectomy – Wertheims operation

693 Ablation of Endometrium + Hysterectomy – abdominal

694 Oophrectomy + Hysterectomy – Abdominal

695 Ovarian Cystectomy + Hysterectomy – Abdominal

696 Salpingoophrectomy + Hysterectomy – Abdominal

697 Hysterectomy (Abdominal and Vaginal) + Cystocele – Anterior Repair

698 Hysterectomy (Abdominal and Vaginal) + Salpingoophrectomy

699 Hysterectomy (Abdominal and Vaginal) + Cystocele – Anterior Repair + Perineal Tear Repair

700 Hysterectomy (Abdominal and Vaginal) + Cystocele – Anterior Repair + Perineal Tear Repair +

Salpingoophrectomy

701 Abdominal Hysterectomy

702 Vaginal Hysterectomy with repairs (UV Prolapse)

703 Radical Hysterectomy for Cancer cervix with pelvic lymphadenectomy

704 Hysterectomy with bilateral Salpingo Operectomy

705 Obstetric Hysterectomy (Atonic PPH,Traumatic PPH , Rupture-Rupture Uterus,Abnormal Placentation)

706 Caesarean Hysterectomy with Bladder Repair

707 Cesarean Hysterectomy

708 Vaginal Hysterectomy

709 Vaginal Hysterectomy With Pelvic Floor Repair(70.79)

710 Laproscopic Vaginal Hysterectomy

711 Total laparoscopic hysterectomy

712 Laparoscopic Sling Operations for prolapse uterus

713 Purandares Sling operations – Open

714 Shirodkar’s sling Operation for prolapse uterus

715 Other-Minor Operation Endometrial

716 Gilliams Operation

717 Laparoscopic Myomectomy

718 D&C ( Dilatation & curretage)

719 Hysteroscopic septal resection

720 Uterine septum

721 Polypectomy

722 Uterine Synechia – Cutting

723 Myomectomy – Abdominal

724 Ablation of Endometrium

725 Ablation of Endometrium + D&C ( Dilatation & curretage)

726 Ablation of Endometriotic Spot

727 Endometria to Endometria Anastomosis

728 Perforamtion of Uterus after D/E laprotomy and closure

729 Insertion of IUD Device

730 LNG-IUS (Levonorgestrene Intautrine system)

731 Inversion of Uterus – Vaginal Reposition

732 Inversion of Uterus – Abdominal Reposition

733 Open – Intra abdominal IUCD retrival

734 Lap – Intra abdominal IUCD retrival

735 Hysteroscopy Removal of IUCD

736 Hysteroscopy Removal of Septum

737 Surgery for Rupture Uterus with Tubectomy

738 Hysteroscopic submucus fibroid resection

739 Surgical Management of Endometriosis – Excision of Chocolate Cyst

Fallopian tubes

740 Conventional Tubectomy

741 Tuboplasty/Open Tubal Recanalisation

742 Laparoscopic Recanalisation

743 Salpingostomy

744 Hysteroscopic Tubal Cannulation

745 Laparotomy recannalization of Fallopian tubes-(Tubuloplasty)

746 Laparoscopic recannalization of Fallopian tubes-(Tubuloplasty)

747 Repair of Cystocele ,Rectocele &Perineorraphy(71.71)

748 Cystocele – Anterior Repair + Salpingoophrectomy

749 Surgical Management of Cystocoele – Repair

750 Perineal Tear Repair + Salpingoophrectomy

751 Cystocele – Anterior Repair + Perineal Tear Repair + Salpingoophrectomy

752 laparoscopic treatment for stress incontinence

753 Transvaginal tapes for Stress incontinence

754 Trans-obturator tapes for Stress incontinence

755 Mc Indoe’s operation For Vaginal Atresia

756 Abdominal Repair for Vault Prolapse

757 Laproscopic Sacrospinocolpopexy for vault prolapse

758 Abdominal Repair With Mesh for Vault Prolapse

759 Cyst -Vaginal Enucleation

760 Haemato Colpo/Excision – Vaginal Septum

761 Hymenectomy & Repair of Hymen

762 Vulval Tumors – Removal

763 Cervical Polypectomy

764 Cervical Biopsy

765 Cyst – Labial

766 Bartholin abscess I & D

767 Bartholin abscess I & D + Cyst -Vaginal Enucleation

768 Surgical Management of Cervical Tears

769 Vaginoplasty

770 Vulvectomy -Simple

771 Conisation of cervix

772 Trachhelectomy of cervix for early CA cervix

773 Laparoscopic VVF Repair

774 Abdominal VVF Repair

775 Vaginal VVF Repair

776 Vaginal Myomectomy

777 Vaginal Colpopexy

778 Surgical Management of Vaginal Tear

779 Surgical Treatment for Vulval Heamatoma

780 Manchesters Operation + Cervical amputation(67.4)

Obstetrics procedures

781 Normal Delivery

782 Nomal delivery with episiosty and perinial repair

783 Normal Vaginal Delivery with Epidural Anesthesia

784 Normal Vaginal Delivery In Rh-Negative Mother With Rh-Positive Baby

785 Normal Vaginal Delivery in Twins(Multiple pregnency)

786 Normal Vaginal Delivery HIV +ve Mother

787 Casearean delivery

788 Caesarean Section In Rh-Negative Mother With Rh-Positive Baby

789 Caesarean Section in Twins(Multiple pregnency)

790 Vacuum delivery

791 Assisted breech delivery

792 Surgical Management of Abruptio-Placenta with Coagulation Defects(Dic)

793 Complete perineal tear-repair

794 Exploration of perineal Haematoma & Repair

795 Exploration of PPH-tear repair

796 MTP- 1st Trimester

797 MTP – 2nd Trimester

798 MTP – For foetal anamolies + IUD

799 Incomplete Abortion + inevitable abortion Management

800 Surgical Management of Septic Abortion

801 Suction evacuation Missed abortion/ incomplete abortion

802 Balloon Temponade for PPH

803 Surgical Management of Ectopic pregnancy

804 Laparoscopic Ectopic Resection

805 Laparoscopic treatment of Ectopic pregnancy-salpingectomy/salpinostomy conservative

806 Low Forceps delivery

807 Low midcavity forceps delivery

808 Lower Segment Caesarean Section

809 Manual removel of Retained Plecenta

810 Management of Eclampsia with Complications Requiring Ventilatory Support

811 D&C ( Dilatation & curetage ) > 12 wks with prior IA approval

812 D&C ( Dilatation & Curretage) upto 12 wks

813 D&C ( Dilatation & curretage)upto 8 wks

814 Encirclage

815 Intra-uterine fetal blood transfusion

816 Adhenolysis + Cystocele – Anterior repair

817 Fimbriolysis

818 Laparoscopic Adhesiolysis

819 Electro Cauterisation Cryo Surgery

820 Fractional Curretage

821 Destructive operation

822 Laprotomy -failed laproscopy to explore

823 Repair of post coital tear, perineal injury

824 Shirodhkar Mc. Donalds stich

825 Perotionities

826 Cryo Surgery

827 Laparotomy-Peritonitis Lavage and Drainage

828 Laproscopic Broad Ligament Hematoma Drainage with repair

829 Exploration of abdominal Haematoma (after laparotomy + LSCS)

830 Gaping Perineal Wound Secondary Suturing

831 Gaping abdominal wound Secondary Suturing

832 Suction evacuation vesicular mole

833 Colpotomy

834 Excision of urethral caruncle

835 RVF Repair

836 Manchester Operation

837 Excision Vaginal Cyst/Bartholin Cyst

838 Excision Vaginal Septum

839 Laparoscopy -Diagnostic with chromopertubation and or adhesiolysis and drilling

840 Laparoscopy Sterilization

841 Colposcopy

842 Thermal ballon ablation.

843 ICSI

844 Laparotomy abdominal sacro-colpopexy

845 Laparoscopic abdominal sacro-colpopexy

846 Laparotomy pelvic Lymphadenectomy

847 Laparoscopic pelvic Lymphadenectomy

848 Endometrial aspiration cytology/biopsy

849 Interventional radiographic arterial embolization

850 Diagnostic cystoscopy

851 Internal Iliac ligation

852 Stepwise devascularisation

853 Hysteroscopy TCRE

854 Hysteroscopic FB removal

855 Sterilization Post partum (minilap)

856 Sterilization interval (minilap)

857 Fetal nuchal Translucency

Orthopaedics

Close reduction Fractures

858 Close Fixation – Hand Bones

859 Close Fixation – Foot Bones

860 Close Reduction – Small Joints

861 Closed Interlock Nailing + Bone Grafting

862 Closed Interlocking Intermedullary

863 Closed Interlocking Tibia + Orif of Fracture Fixation

864 Closed Reduction and Internal Fixation

865 Closed Reduction and Internal Fixation with K wire

866 Closed Reduction and Percutaneous Screw Fixation

867 Closed Reduction and Percuteneous Pinning

868 Closed Reduction and Proceed to Posterior Stabilization

869 Close Reduction of Fractures of Limb & P.O.P.

870 Internal Fixation Lateral Epicondyle

871 Closed reduction and internal fixation with K wire -Clavicle Surgery

Arthrodesis

872 Arthrodesis Ankle

873 Triple arthrodesis

874 Subtalar arthrodesis

875 Arthrodesis of Hip

876 Arthrodesis of Knee

877 Arthrodesis of Shoulder

878 Arthrodesis of Elbow

879 Arthrodesis of hand Small joint(81.27/81.28)

880 Arthrodesis of Wrist

881 Arthrodesis Of – Major Joints

882 Arthrodesis of – Minor Joints

Excision

883 Accessory bone – Excision

884 Patellectomy

885 Retrocalcaneal Bursa – Excision

886 Excision of Scaphoid

887 Excision of Radial head

888 Excision of Lower end Ulna

889 Bimalleolar Fracture Fixation

890 Calcaneal Spur – Excision of Both

891 Excision Or Other Operations For Scaphoid Fractures

892 High tibial osteotomy

Dislocation correction

893 Dislocation – Elbow

894 Dislocation – Shoulder

895 Dislocation- Hip

896 Dislocation – Knee

897 Closed reduction of Wrist dislocation

898 Closed reduction of Ankle dislocation

899 Close Reduction of Dislocations

900 Open reduction of Deep dislocations

Exostosis Surgery

901 Surgical Management of Exostosis of small joints

902 Surgical Management of Exostosis of long bones

903 Exostosis – Femur – Excision

904 Exostosis – Humerus – Excision

905 Exostosis – Radius – Excision

906 Exostosis – Ulna – Excision

907 Exostosis – Tibia- Excision

908 Exostosis – Fibula – Excision

909 Exostosis – Patella – Excision

Amputation

910 Amputation – Index Fingure

911 Amputation – Forearm

912 Amputation – Wrist Axillary Node Dissection

913 Amputation – 2nd and 3rd Toe

914 Amputation – 2nd Toe

915 Amputation – 3rd and 4th Toes

916 Amputation – 4th and 5th Toes

917 Amputation – Ankle

918 Amputation – Arm

919 Amputation – Digits

920 Amputation – Fifth Toe

921 Amputation – Foot

922 Amputation – Forefoot

923 Amputation – Great Toe

924 Amputation – Wrist

925 Amputation – Leg

926 Amputation – Part of Toe and Fixation of K Wire

927 Amputations – Below Knee

928 Amputations – Below Elbow

929 Amputations – Above Knee

930 Amputations – Above Elbow

931 Amputations – Forequarter

932 Amputations – Hind Quarter And Hemipelvectomy

Disarticulations

933 Disarticulations – Major joint

934 Disarticulations – Minor joint

935 Disarticulation at wrist level

936 Disarticulation at elbow level

937 Disarticulation at Shoulder level

938 Disarticulations at small joints Foot

939 Disarticulation at ankle level

940 Disarticulations at knee level

941 Disarticulation at Hip level

Joint replacement surgeries

942 Total Knee Joint Replacement

943 Total Shoulder Joint Replacement

944 Total Elbow Joint Replacement

945 Total Wrist Joint Replacement

946 Total finger joint replacement

947 Total Hip Replacement Revision Stage-I

948 Total Hip Replacement Revision Stage-II

949 Total Knee Replacement Revision Stage-I

950 Total Knee Replacement Revision Stage-II

951 Total Ankle Joint Replacement

Surgery on Muscle, Nerve ,Tendon and other soft tissue surgeries

952 Exploration and Ulnar Repair

953 Neurolysis / Nerve Suture

954 Nerve Repair With Grafting

955 Nerve Transplant/Release

956 Fasciotomy

957 Fasciotomy with skin graft with fixator

958 Fasciotomy with skin graft

959 Maxpage release for Volkmann

960 Adductor release

961 Skin Grafting

962 Synovectomy

963 Synovial Cyst – Excision

964 Tendo Achilles Tenotomy

965 Tendon Release

966 Tendon transfer procedure around ankle

967 Tendon transfer with graft

968 Multiple Tendon Repair

969 Tenolysis

970 Tenotomy

971 Anterior cruciate ligamentl reconstruction

972 Posterior cruciate ligament reconstruction

973 Knee Collateral Ligament Reconstruction

974 Wound Debridiment

975 Carpal Tunnel Release

976 Decompression of Carpal Tunnel Syndrome

977 Dupuytren Contracture

978 Soft Tissue Operations for C.T.E.V.

979 Soft Tissue Operations for Polio

980 Soft Tissue Reconstruction Procedures For Joints/Osteotomy

981 Myocutaneous and Fasciocutaneous FlaP Procedures for Limbs

982 Tricepsplasty

983 Obturatorneurectomy

984 Hamstrings release

985 Quadricepsplasty

986 Bencarf Repair Shoulder

987 RC Repair

988 Biceps tenodesis

989 Distal biceps tendon repair

990 Capsulotomy of Shoulder

991 Soft Tissue Operations for Polio/ Cerebral Palsy

992 Release of Stiff Elbow

993 Release of Stiff knee

994 Surgical management Dequerenstenosynovities

995 Rotator cuff repair

996 Debridement & Closure – Major

997 Debridement & Closure – Minor

998 Sinus Over Sacrum Excision

999 Trigger Thumb

1000 Surgery for Brachial Plexus & Cervical Rib

1001 Anterolateral Clearance For Tuberculosis

1002 Meniscus Repair

1003 Arthroscopy . Operative Meniscectomy

Spine surgery

1004 Anterior & Posterior Spine Fixation

1005 Laminectomy Excision Disc and Tumours

1006 Antereolateral Decompression and Spil Fusion

1007 Scoliosis Surgery/ Deformity Correction of Spine

1008 Vertebroplasty

1009 Kyphoplasty

1010 Spinal Injections

1011 Mossmiami instrumentation for vertebral fractures

1012 Discectomy/ Micro Discectomy

1013 Cervical spine injury(skull traction) treatment

1014 Decompression and Spinal Fixation

1015 Decompression and Stabilization with Steffiplate

1016 Decompression L5 S1 Fusion with Posterior Stabilization

1017 Decompression Posteier D12+L1

1018 Decompression Stabilization and Laminectomy

1019 Costo Transversectomy(77.39)

1020 Spinal Ostectomy And Internal Fixations(78.59)

Arthoplasty

1021 Arthoplasty – Excision

1022 Hemiarthroplasty- Shoulder

1023 Bipolar hemiarthroplastyof Hip without cement

1024 Bipolar hemiarthroplasty of Hip with cement

1025 Arthroplasty Girdle Stone

1026 Arthroplasty of Femur head – Excision

Femur Surgery

1027 Fracture – Femoral neck – MUA & Internal Fixation

1028 Fracture – Femoral Neck Open Reduction & Nailing

1029 Plate Fixations for Fracture Neck Femur

1030 A.O.Compression Procedures for Fracture Neck Femur

1031 DHS for Fracture Neck Femur

1032 Proximal Femoral Nail (PFN for IT Fracture)

1033 Multiple Pinning Fracture Neck Femur

1034 Surgery for Avascular Necrosis Of Femoral Head (Core Decompression)

Reconstructive procedures

1035 Bone tumor surgery reconstruction with internal fixation(78.59)

1036 Corrective osteotomy Acetabulum

1037 Limb reconstruction system

1038 Reconstruction around Radial head

1039 Joint Reconstruction

1040 Acromioclavicular joint dislocation open reconstruction

1041 Accessory bone – Excision + Acromion reconstruction

1042 Congenital Ankle deformity correction

1043 CTEV (Congenital Talipes EquinoVarus) correction

1044 Leg Lengthening

1045 Reconstruction procedure for recurrent dislocation shoulder

1046 Excision of deep Bone Tumours and Re-Construction With Conventional Prosthesis

General procedures in Orthopaedics

1047 Open reduction & Internal Fixation Of Fingers & Toes

1048 Open Reduction of Small Joint

1049 Open Reduction with Phemister Grafting

1050 Open Reduction of Fracture Dislocation & Internal Fixation

1051 Reduction Of Compound Fractures & External Fixation(78.10)

1052 Bone Grafting As Exclusive Procedure

1053 Corrective Ostectomy & Internal Fixation – short bones

1054 Corrective Ostectomy & Internal Fixation – long bones

1055 Arthrography

1056 Diagnostic Arthroscopy

1057 Arthroscopy-therapeutic: without implant

1058 Arthroscopy-therapeutic: with implant

1059 Removal of Wires & Screw

1060 Removal of Plates/IL

1061 Tubular external fixator

1062 Drainage of Abscess Cold

1063 Long bone osteotomy with POP application & k-wires

1064 Long bone osteotomy with internal fixation

1065 Percutaneous – Fixation of Fracture

1066 Harrington Instrumentation

1067 Sequestrectomy&Saucerizations

1068 Sequestrectomy& bone grafting

1069 Arthrotomy and joint lavage

1070 Arthorotomy

1071 Arthrotomy + Synevectomy

1072 Drainage of acute osteomyelitis

1073 Ilizarov Ring Fixator Application

1074 Ilizarov fixator with joint arthrolysis

1075 Neglected CTEV. Jess Fixator

1076 Bone tumor curettage

1077 Bone curettage and bone cement(84.56)

1078 Bone tumor curettage and bone graft(78.00)

1079 Tension Band Wiring Patella

1080 Removal of implants plates and nail

1081 Removal of implants wires and screws

1082 Mini Fixator for Hand/Foot

1083 Fixater with Joint Arthrolysis

1084 Application of Skin Traction

1085 Aspiration & Intra Articular Injections

1086 Epiphyseal Stimulation

Plaster Work

1087 Fingers (post slab)

1088 Fingers full plaster

1089 Colles Fracture – Below elbow

1090 Colles Fracture – Full plaster

1091 Colles fracture Ant. Or post. slab

1092 Above elbow full plaster

1093 Above Knee post-slab

1094 Below Knee full plaster

1095 Below Knee post-slab

1096 Tube Plaster (or plaster cylinder)

1097 Above knee full plaster

1098 Above knee full slab

1099 U-slab application

1100 Minerva Jacket

1101 Plaster Jacket

1102 Shoulder Jacket

1103 Shoulder spica

1104 Hip spica

1105 Application of P.O.P. Spicas & Jackets

1106 Conservative POP

1107 Strapping of Finger

1108 Strapping of Toes

1109 Strapping of Wrist

1110 Strapping of Elbow

1111 Strapping of Knee

1112 Strapping of Ankle

1113 Strapping of Chest

1114 Strapping of Shoulder

1115 Figure of 8 bandage

1116 Collar and cuff sling

1117 Ball bandage

1118 Bandage & Stapping for Fractures

1119 Synthetic cast application above Elbow

1120 Synthetic cast application below Elbow

1121 Synthetic cast application above Knee

1122 Synthetic cast application below Knee

1123 Synthetic cast cutting

1124 Application of Functional Cast Brace

1125 Application of P.O.P. casts for Upper & Lower Limbs

Physiotherapy

1126 Ultrasonic therapy

1127 S.W. Diathermy

1128 Electrical stimulation (therapeutic)

1129 Muscle testing and diagnostic

1130 Infra red

1131 U.V. Therapeutic dose

1132 Intermittent Lumbar Traction

1133 Intermittent Cervical traction

1134 Wax bath

1135 Hot pack

1136 Breathing Exercises & Postural Draige

1137 Cerebral Palsy – exercise

1138 Post – polio exercise

Surgical Gastroentrology

Operations on spleen

1139 Splenectomy + Devascularisation + Spleno Renal Shunt(39.1)

1140 Spleenectomy For Space Occupying Lesion

1142 Laproscopic Spleenectomy

Operations on Oesophagus, Stomach and Small Intestine

1143 Oesophagectomy

1144 Colonic Pull Up

1145 Lap Heller.S Myotomy

1146 Open Hellers Myotomy

1147 Surgery for Corrosive Injury Stomach

1148 Distal Gastrectomy For Gastric Outlet Obstruction

1149 Partial Gastrectomy with anastomosis to duodenum

1150 Partial/Subtotal Gastrectomy with anastomosis to jejunum For Ulcer

1151 Total Gastrectomy in non malignant conditions

1152 Surgery For Bleeding Ulcers

1153 Surgery For Obscure GI Bleed

1154 Lap Fundoplications

1155 Diaphragmatic Hernia (Gortex Mesh Repair)

1156 Operations for Replacement of Oesophagus by Colon

1157 Surgery For Oesophageal Perforation Stage 1 Cervical Exclusion And Chest Tube And Feeding

Jejunostomy

1158 Surgery For Oesophageal Perforation Stage 2 Definitive Surgery

1159 Surgery For Oesophageal Perforation – Single Staged Foreign Body, Iatrogenic & Spontaneous

Operations on Large Intestine

1160 Extended Right Hemicolectomy

1161 I Stage-Sub Total Colectomy + Ileostomy(46.2)

1162 I Stage- Sub Total Colectomy + Ileostomy + J – Pouch

1163 II Stage-J – Pouch

1164 Laproscopic Coliatomus

1165 II Stage- Ileostomy Closure

1166 III Stage-Ileostomy Closure

1167 Surgical management of Volvulus

1168 Surgical management of Malrotation

1169 Rectovaginal fistula Management with Colostomy

1170 Abdominoperinial Resection of rectum

1171 Hartman.S Procedure With Colostomy

1172 Anterior Resection of Large Intestine

1173 Anterior Resection With Ileostomy

1174 Anal Sphincter Repair -With Colostomy

1175 Anal Sphincter Repair -Without Colostomy

Operations on Liver

1176 Hydatid Cyst-Marsupilisation

1177 Haemangioma Sol Liver Hepatectomy + Wedge Resection

1178 Hepato Cellular Carcinoma(Advanced) Radio Frequency Ablation

1179 Segmentectomy

1180 Rt.Hepatectomy

1181 Lt.Hepatectomy

1182 Hepatico Jejunostomy

1183 Benign Biliary Stricture Repair

1184 Choledochoduodenostomy Or Choledocho Jejunostomy

1185 GB+ Calculi CBD Stones Or Dilated CBD

1186 Cyst Excision+Hepatic Jejunostomy(51.37)

1187 Laproscopic Hepatic resection

Operations on Pancreas

1188 Laproscopic Pancreatic Necrosectomy

1189 Open Pancreatic Necrosectomy

1190 Enucleation of Cyst

1191 Triple Bypass -Pancreas

1192 Lateral Pancreaticojejunostomy(Non- Malignant)

1193 Other Bypasses -Pancreas

1194 Distal Pancreatectomy

1195 Distal Pancreatectomy + Splenectomy(41.5)

1196 Central Pancreatectomy

1197 Whipples Any Type

Endoscopic procedures

1198 Upper G.I. Endoscopy + Lower G.I. Endoscopy

1199 Diagnostic endoscopy

1200 Endoscopic biopsy

1201 Endoscopic mucosal resection

1202 Oesophageal stricture dilatation

1203 Balloon dilatation of achalasia cardia

1204 Foreign body removal

1205 Oesophageal stenting

1206 Band ligation of oesophageal varices

1207 Sclerotherapy of oesophageal varices

1208 Glue injection of varices

1209 Argon plasma coagulation

1210 Pyloric balloon dilatation

1211 Enteral stenting

1212 Duodel stricture dilation

1213 Single balloon enterocopy

1214 Double balloon enteroscopy

1215 Capsule endoscopy

1216 Polypectomy

1217 Piles banding

1218 Colonic stricture dilatation

1219 Hot biopsy forceps procedures

1220 Colonic stenting

1221 Junction biopsy

1222 rrow band imaging

1223 Conjugal microscopy

1224 ERCP

1225 Diagnostic ERCP

1226 Endoscopic sphincterotomy

1227 CBD stone extraction

1228 CBD stricture dilatation

1229 Biliary stenting (plastic and metallic)

1230 Mechanical lithotripsy of CBD stones

1231 Pancreatic sphincterotomy

1232 Pancreatic stricture dilatation

1233 Pancreatic stone extraction

1234 Mechanical lithotripsy of pancreatic stones

1235 Endoscopic cysto gastrostomy

1236 Balloon dilatation of papilla

1237 Endoscopic ultrasound

1238 Ultrasound guided FC

1239 Ultrasound guided abscess draige

1240 PTBD

1241 Biliary stenting

1242 TIPS

1243 Trans jugular liver biopsy

1244 IVC graphy + hepatic veinography

1245 Balloon angioplasty

1246 Muscular stenting

1247 BRTO

1248 Portal haemodymic studies

1249 Oesophageal PH metry

1250 Oesophageal manometry

1251 Small bowel manometry

1252 Anorectal manometry

1253 Colonic manometry

1254 Biliary manometry

1255 Sengstaken blackenesse tube tempode

1256 Lintas machles tube tempode

1257 Lap Adhesiolysis

Cardiothorasic surgery

Operations on Heart

1258 Balloon Valvotomy

1259 Closed Mitral Valvotomy

1260 Valve repair without Prosthetic Ring

1261 Ross procedure – Intracardiac repair of complex congenitalheart diseases without Special Conduits

1262 Mitral valvotomy (Open)

1263 Open Pulmonary Valvotomy

1264 Valve repair with Prosthetic Ring

1265 Double valve replacement (With Valve)

1266 Aortic Valve Replacement (With Valve)

1267 Ross procedure – Intracardiac repair of complex congenital heart diseases with Special Conduits

1268 Surgical management of Annulus Aortic Ectasia With Valved Conduits

1269 Mitral Valve Replacement (With Valve)

1270 Tricuspid valve Replacement (With Valve)

1271 Balloon Atrial Septostomy

1272 ASD Device Closure

1273 VSD Device Closure

1274 VSD with graft

1275 Intra Cardiac Repair Of ASD

1276 Intracardiac Repair Of VSD

1277 Total Correction of Tetralogy of Fallot

1278 Surgical management (Correction) of TAPVC

1279 Patent Ductus Arterious – Stenting

1280 Patent Ductus Arterious – Device Closure

1281 Patent Ductus Arterious – Single Coil Closure

1282 Patent Ductus Arterious – Multiple Coils Closrue

1283 Surgery for-PDA

1284 TGA – Arterial Switch

1285 TGA – Sennings Procedure

1286 Coronary Balloon Angioplasty with stent(00.45)

1287 PTCA 1 Additional Stent (00.46)

1288 PTCA 2 Additional Stent (00.47)

1289 PTCA 3 Additional Stent (00.48)

1290 Surgery For Anomalous left coronary artery from the pulmonary artery (ALCAPA)

1291 Coronary Bypass Surgery

1292 Coronary Bypass Surgery-Post Angioplasty

1293 CABG With IABP Pump

1294 CABG With Aneurismal Repair

1295 CABG without bypass.

1296 CABG + Valve.

1297 Pericardiocentesis

1298 Pericardiostomy

1299 Pericardiectomy

1300 Surgery For Intracardiac Tumors

1301 Surgery for Cardiac injuries Without CPB

1302 Medical Management Of Valvular Heart Diseases -Requiring Cardiac Catheterization

1303 Medical Management Of Congenital Heart Diseases -Requiring Cardiac Catheterization

1304 Surgical Treatment For MVR And Atrial Fibrillation- Maze Method

1305 Surgical Treatment For MVR And Atrial Fibrillation- Cryoablation Method

1306 Surgical Treatment For MVR And Atrial Fibrillation- Hifu Method

1307 TPI (Temporary Placemaker Implantation)Single Chamber

1308 TPI (Temporary Placemaker Implantation)Dual Chamber

1309 Permanent pacemaker implantation Biventricular

1310 Permanent pacemaker implantation- Single Chamber

1311 Heart transplant

1312 AICD(Automatic Implantable Cardioverter Defibrillators) implantation Single Chamber

1313 AICD(Automatic Implantable Cardioverter Defibrillators) implantation Dual Chamber

1314 Combo device implantation

Operations on vessels

1315 Vertebral Angioplasty

1316 Peripheral Embolectomy Without Graft

1317 Arterial Embolectomy

1318 Pulmonary Thrombo Embolectomy

1319 TGA – Carotid Embolectomy

1320 Surgical management of Vascular Tumors

1321 Excision Of Vascular Tumors With Prosthetic Graft

1322 Coarctation-Arota Repair Without Graft

1323 Coaractation of Aorta Repair Without Stent+ Aortoplasty(35.11)

1324 Intrathoracic Aneurysm -Aneurysm Not Requiring Bypass

1325 Aneurysm Resection & Grafting

1326 Medium Size Arterial Aneurysms – Repair With Synthetic Graft

1327 Coaractation of Aorta Repair With Stent + Aortoplasty(35.11)

1328 Coarctation-Arota Repair With Graft

1329 Intrathoracic Aneurysm -Requiring Bypass (With Graft)

1330 Excision Of Arterio Venous Malformation – Large

1331 Excision Of Arterio Venous Malformation – Small

1332 DVT – Ivc Filter implantation

1333 Thoraco Abdominal Aneurysm Repair

1334 Systemic Pulmonary Shunts Without Graft TOF

1335 Systemic Pulmonary Shunts With Graft TOF

1336 Major Vascular Injury -In Lower Limbs-Repair

1337 Carotid Artery Bypass With Synthetic Graft

1338 Aorto Billiac – Bifemoral Bypass With Synthetic Graft

1339 Aorto-Aorto Bypass With Graft

1340 Femoro- Ileal Bypass With Graft

1341 Femoro- Ileal Bypass Without Graft

1342 Aorto-Aorto Bypass Without Graft

1343 Aorta femoral bypass

1344 Asending aorta replacement

1345 Aortic Dissection

1346 A V Fistula surgery (creation) at Wrist

1347 A. V Fistula surgery (creation) At Elbow

1348 Congential Arteriovenus Fistula

1349 Femoro- Poplitial Bypass With Graft

1350 Femoro- Poplitial Bypass Without Graft

1351 Femoro-Femoral Bypass With Graft

1352 Femoro-Femoral Bypass Without Graft

1353 Femoro Distal Bypass With Vein Graft

1354 Femoro Distal Bypass With Synthetic Graft

1355 Axillo Brachial Bypass Using With Synthetic Graft

1356 Brachio – Radial Bypass With Synthetic Graft

1357 Surgery for Arterial Injuries, Venous Injuries Without Graft

1358 Surgical Management of Minor Vascular Injury – Tibial Vessels In Leg

1359 Surgical Management of Minor Vascular Injury -Vessels In Foot

1360 Surgical Management of Neck Vascular Injury – Carotid Vessels

1361 Surgical Management Of Neck Vascular Injury – Carotid Vessels – With Prosthetic Graft

1362 Surgical Management of Abdominal Vascular Injuries – Aorta, Illac Arteries, Ivc, Iliac Veins

1363 Surgical Management Of Abdominal Vascular Injuries – Aorta, Illac Arteries, Ivc, Iliac Veins With

Prosthetic Graft

1364 Surgery for Cardiac injuries With CPB

1365 Renal Angioplasty

1366 Peripheral Angioplasty

1367 Perpheral Angioplasty – Additional Stent(00.46)

1368 Patch Graft Angioplasty

1369 Small Arterial Aneurysms – Repair

1370 Medium Size Arterial Aneurysms – Repair

1371 Carotid artery aneurysm

1372 Renal Artery aneurysm and disection

1373 Operations for Stenosis of Renal Arteries

1374 Surgical management of Ruptured Sinus Of Valsalva

1375 Surgical management of Dissecting Aneurysms

1376 Surgical Management of Vascular Injury In Upper Limbs – Axillary,Branchial,Radial And Ulnar -With

Vein Graft

1377 Surgical Management Of Vascular Injury In Upper Limbs – Axillary,Branchial,Radial And Ulnar -With

Prosthetic Graft

1378 Surgical Management of Vascular Injury With Prosthetic Graft

1379 Excicion Of Carotid Body Tumor With Vascular Repair

1380 Excision Of Carotid Body Tumor With Prosthetics Graft Repair

1381 Carotid Endartrectomy

1382 Surgical Management Of Major Vascular Injury -In Lower Limbs With Prosthetic Graft

1383 Surgical Management of Thoracic Vascular Injuries

1384 Axillo Bifemoral Bypass With Synthetic Graft

1385 Surgical Management of Vascular injuries with vein graft

1386 Procedures Requiring Bypass Techniques

1387 Surgical Management of Oesophageal Diverticula /Achalasia Cardia

1388 Gastro Study Followed By Thoracotomy & Repairs For Oesophageal Injury For Corrosive Injuries/Fb

Operations on Lungs

1389 Surgical management of lung cyst

1390 Lobectomy

1391 Pneumonectomy

1392 Surgical management of Lung Abcess

1393 Surgical management of Empyema Thoracis

1394 Surgical management For Bronchial Injuries due to foreign Body

1395 Surgical management of SolItary fibrous tumor- Mediastinum

1396 Surgical Management Of Thymoma Mediastinum

1397 Decortication of lung

1398 Surgical management of Bronchopleural fistula -Thorocoplasty

1399 Transpleural Bronchopleural Fistula closure

1400 Surgical management of Bronchopleural Fistula – Myoplasty

Operations on Thorax

1401 Surgical management of Diaphragmatic Eventeration

1402 Surgical management of Diaphragmatic injuries, Thoraco Abdominal approach

1403 Surgical Management of Diaphragmatic Hernia

1404 Exploratory Thorocotomy

1405 Bronchoscopic Foreign body removal

1406 Rib Resection & Drainage

1407 Thoracocentesis

1408 Thoracoscopic Segmental Resection

1409 Thoracoscopic Sympathectomy

1410 Thrombendarterectomy

1411 Thymectomy

1412 Thorax ( penetrating wounds)

1413 B.D.Glenn/Left atrium myxoma

1414 DSO (Double Switch Operation)

1415 Arterio Ventricular Canal repair

1416 Fonten procedure

1417 B.T Shunt/Coaractation

1418 P.A.Banding septostomy

1419 Gunshot injury

1420 Intra corory stenting

1421 Rotablation

1422 Arch Replacement

1423 Bentall Repair with Prosthetic Valve

1424 Bentall Repair with Biologic Valve

1425 Coaractation dilatation

1426 Coaractation dilatation with Stenting

1427 Diagnostic Electrophysiological studies conventional

1428 Ambulatory BP monitoring

1429 External Loop/event recording

1430 RF Ablation conventional

1431 RF Ablation Atrial Tachycardia/Carto

1432 Endomyocardial biopsy

1433 Intra vascular coils

1434 Septostomy- Blade

1435 AVBD/PVBD

1436 Digital subtraction angiography-Peripheral artery

1437 Digital subtraction angiography- venogram

1438 Percutaneous valve replacement

1439 C.T Guided biopsy

1440 Sinogram

1441 Carotid Angioplasty

1442 IVUS (Intravascular ultrasound surgery)

1443 OCT (Octopus cardiac surgery)

1444 FFR(Fractional Flow Reserve) measurement

1445 ICE slush cardiac surgery

1446 Holter analysis

1447 Aortic stent grafting for aortic aneurysm

1448 IVC Filter implantation

1449 TCPC(Total Cavo Pulmonary Connection)

1450 REV(Surgery for malposition of great arteries)

1451 PTMC

(Percutaneous Transvenous Mitral Commissurotomy (PTMC)

1452 Angiography

1453 Diagnostic angiography

1454 Vascular embolization

Paediatric surgery

1455 Surgical management of Encephalocele

1456 Surgical management of Neuroblastoma

1457 Adrenal Gland Surgeries In Paediatric patients(07.3&07.4)

1458 Surgical Management of Paediatric Tumors

1459 Surgical correction of Microtia/Anotia In Paediatric Patient

1460 Surgical treatment for Preauricular sinus in pediatric patient

1461 Surgical correction of Cleft Lip in paediatric patient

1462 Excision of Retention Cyst Lip

1463 Surgical correction of Cleft Palate in paediatric patient

1464 Surgical corection of Velo-Pharyngeal Incompetence

1465 Surgical management of Sinuses & Fistula of the neck in Paediatric Patient

1466 Excision of thyroglossal Duct/Cyst

1467 Surgical Management of Congenital Dermal Sinus

1468 Surgical Management of Cystic Lesions Of The Neck

1469 Excision of Thoracoscopic Cysts

1470 Empyema decortication In Paediatric Patients

1471 Empyema-ICD drainage In Paediatric Patients

1472 Thoracoscopic Decortication In Paediatric Patients

1473 Surgical Correction of Thoracic Wall Defects

1474 Mediastinal Cyst Excision In Paediatric Patients

1475 Surgical management of Lymphangioma In Paediatric Patients

1476 Omphalo Mesenteric Cyst Excision

1477 Omphalo Mesenteric Duct- Excision

1478 Omphalocele 1st Stage (Hernia Repair)

1479 Omphalocele 2nd Stge (Hernia Repair)

1480 Paediatric Splenectomy (Non Traumatic)

1481 Surgical management of Oesophageal Atresia In Paediatric Patients

1482 Surgical Correction of Thoracic Duplications In Paediatric Patients

1483 Surgical Correction of Esophageal Obstructions In Paediatric Patients

1484 Surgical Correction of Esophageal Substitutions In Paediatric Patients

1485 Congenital Pyloric Stenosis- operation

1486 Colon Replacement of Oesophagus

1487 Surgical management of – Gastric Outlet Obstructions In Paediatric Patients

1488 Gastrochisis Repair

1489 Surgical management of Gastro Esophageal Reflux In Paediatric Patients

1490 Surgical Management of Intestinal Atresias & Obstructions In Paediatric Patients

1491 Meckel’s Diverticulectomy In Paediatric Patients

1492 Surgical management of Intestinal Polyposis In Paediatric Patients

1493 Surgical Correction of Intususception

1494 Stage 2 procedure for Anorectal Malformations In Paediatric Patients

1495 Stage 1 procedure for Anorectal Malformations In Paediatric Patients

1496 Stage 1 procedure for Hirschprungs Disease In Paediatric Patients

1497 Stage 2 procedure for Hirschprungs Disease In Paediatric Patients

1498 Feeding Jejunostomy In Paediatric Patients

1499 Ileostomy closure In Paediatric Patients

1500 Surgical mangement of Acute Intestinal Obstruction In Paediatric Patients

1501 Colostomy Transverse

1502 Colostomy Left Iliac

1503 Meconium Ileus Operation

1504 Imperforate Anus High Anomaly – Closure of Colostomy

1505 Imperforate Anus Low Anomaly -Cut Back Operation

1506 Imperforate Anus Low Anomaly – Perineal Anoplasty

1507 Imperforate Anus High Anomaly -Sacroabdomino Perineal Pull Through

1508 Rectal polypectomy In Paediatric Patients

1509 Rectal Biopsy (Megacolon)

1510 Laparoscopic Pull Through For Ano Rectal Anomalies In Paediatric Patients

1511 Laparoscopic Pull Through Surgeries For Hirschprungs Disease In Paediatric Patients

1512 Surgical mangement of Anal Fissure and Fistula In Paediatric Patients

1513 Surgical Management of Biliary Atresia & Choledochal Cyst In Paediatric Patients

1514 Operation of Choledochal Cyst

1515 Laparoscopic Choleycystectomy

1516 Surgical Correction of Hydatid Cysts In Paediatric Patient

1517 Pancreatic Ring Operation

1518 Laparoscopic Appendicectomy

1519 Repair of Abdominal wall defects

1520 Correction of Duplications of alimentary tract in Paediatric Patients

1521 Correction of Vitello intestinal duct anomalies in Paediatric Patients

1522 Mal-rotation & Volvulus of the Midgut

1523 Unilateral Inguinal Hernia repair In Paediatric Patients

1524 Bilateral Inguinal Hernia repair In Paediatric Patients

1525 Lumbar Hernia repair In Paediatric Patients

1526 Femoral Hernia repair In Paediatric Patients

1527 Umbilical Hernia repair In Paediatric Patients

1528 Incisional Hernia repair In Paediatric Patients

1529 Open repair of diaphragmatic hernia in Paediatric patients

1530 Simple Nephrectomy- paediatric

1531 Nephrectomy for -Pyonephrosis

1532 Nephrectomy for -Wilms Tumour

1533 Paraortic Lymphadenoctomy with Nephrectomy for Wilms Tumour

1534 Renal calculi-nephrolithotomy in Paediatric Patients

1535 Surgical Management of Congenital Hydronephrosis in Paediatric Patients

1536 Surgical Management of Ureteric Reimplantations

1537 Vesicostomy

1538 Vesicotomy closure in Paediatric Patients

1539 Bladder augmentation

1540 Vesical calculi-vesicolithotomy in Paediatric Patients

1541 Stage 1 procedure for Exstrophy Bladder in Paediatric Patients

1542 Stage 2 procedure for Exstrophy Bladder in Paediatric Patients

1543 Surgical Management of Posterior Urethral Valves in Paediatric Patients

1544 Single Stage procedure for Hypospadiasis

1545 Stage 1 procedure for Hypospadiasis

1546 Stage 2 procedure for Hypospadiasis

1547 Surgical Correction of Epispadiasis

1548 Surgical Correction of Scrotal Transposition In Paediatric Patients

1549 Surgical management of Undescended Testis In Paediatric Patients

1550 Laparoscopic Orchidopexy In Paediatric Patients

1551 Surgical Management for Torsion of Testis paediatric

1552 Laparoscopic Varicocele Ligation

1553 Open Varicocele ligation

1554 Hydrocele high ligation In Paediatric Patients

1555 Congenital Hydrocele

1556 Hydrocele of Cord

1557 Surgical Management of Phimosis and Paraphimosis

1558 Intersex-Genitoplasty surgery(70.6)

1559 Surgical Management of Tempero mandibular Joint Ankylosis

1560 Execision of cogental dermal sinus

1561 Surgical Management of Torticollis in Paediatric Patient

1562 Surgical correction of Syndactyly of Hand For Each Hand in Paediatric Patient

1563 Surgical Management of Hamartoma Excision

1564 Surgical Management of Hemangioma Excision

1565 Bronchoscopy for Foreign Body Removal paediatric

1566 Sacro-Coccygeal Teratoma Excision

1567 Rhabdomyosarcoma wide Excision

Genitourinary system

Operations on Kidney

1568 Retroperitoneal Fibrosis – Renal

1569 Open Nephrolithotomy

1570 Percutaneous Nephrolithotomy

1571 Nephrostomy

1572 Open Pyelolithotomy

1573 Laparoscopic Pyelolithotomy

1574 Anatrophic Peylolithotomy For Staghorn Caliculus

1575 Nephrectomy for Pyonephrosis/Xgp

1576 Post transplant graft Nephrectomy

1577 Laproscopic Simple Nephrectomy

1578 Laproscopic Radical Nephrectomy

1579 Renal Transplantation Surgery

1580 Renal auto transplantation

1581 Anderson Hynes Pyeloplasty

1582 Renal Cyst Excision

1583 Laparoscopic deroofing of Renal Cyst

1584 Lap. Partial Nephrectomy

1585 Simple Nephrectomy

1586 Revascularization procedure for renovascular hypertension

1587 Radical Nephroureterectomy

1588 Bilateral Nephroureterectomy

1589 Laproscopic unilateral Nephroureterectomy

1590 Open unilateral Nephroureterectomy

1591 Hemi- Nephroureterectomy

1592 Nephropexy

1593 RIRS/ Flexible Ureteroscopy

Operations on Uterus

1594 URSL

1595 Surgical corrrection of Ureterocele

1596 Surgical Procedure for Ileal Conduit Formation

1597 Ureteric Reimplantations

1598 Post transplant revision Ureteroneo cystostomy/Pyelo Ureterostomy

1599 Ureteric replacement

1600 Uretero ureterostomy

1601 Ureterolithotomy

1602 Laparoscopic ureterolithotromy

1603 Uretrostomy (Cutanie)

1604 Balloon dilatation of Ureteric stricture

Operations on Urinary Bladder

1605 Correction of Extrophy of Bladder

1606 Cystilithotomy

1607 Cysto Jejunostomy

1608 Cystolithopexy

1609 Cystolithotripsy

1610 Open Cystolithotomy

1611 Endoscope Removal Of Stone In Bladder

1612 Bladder Tumour (Fulgration)

1613 Transurethral resection of bladder tumour (TURBT)

1614 Transurethral resection of bladder tumour (TURBT) with intravesical Mitomycin instillation

1615 Bladder Diverticulectomy

1616 Total Cystectomy

1617 Laproscopic radical cystectomy with Ilealconduit diversion

1618 Laproscopic radical cystectomy with Ureterosigmoidostomy(57.88)

1619 Open radical cystectomy with Ureterosigmoidostomy (57.88)

1620 Laproscopic radical cystectomy with Continent Urinary diversion(56.7)

1621 Open radical cystectomy with Continent Urinary diversion

1622 Parapelvic Cyst Excision-Open/Lap

1623 Surgical correction of Vesicovaginal Fistula

1624 Transvaginal repair of Vesicovaginal Fistula

1625 Trans abdominal repair of Vesicovaginal Fistula with omentoplasty

1626 Caecocystoplasty

1627 Mitrafanoff procedure

1628 Bladder neck incision

1629 Urachal Cyst

1630 Partial Cystectomy

1631 Endoscopic Removal of Stone in Bladder

Operation on Urethra

1632 Perineal Urethrostomy

1633 Optical Urethrotomy

1634 BMG Urethroplasty for pan Urethral stricture

1635 Single Stage Urethroplasty for stricture Urethra

1636 PCNL

1637 Stage 1 Urethroplasty for stricture Double Stage

1638 Stage 2 Urethroplasty for stricture Double Stage

1639 Reconstruction procedure Urethroplasty for stricture

1640 Transpubic Urethroplasty with Omentoplasty

1641 Closure Of Urethral Fistula

1642 Epispadiasis – Correction

1643 Meatoplasty

1644 Operations for Crippled Hypospadias

1645 Urethral Injury

1646 Excision of Urethral Carbuncle

1647 Surgical Management of Incontinence Urine (Male)

1648 Surgical Management of Incontinence Urine (Female)

1649 Mid urethral sling procedure for stress urinary incontinence

1650 MMK/birch colpo suspension for stress urinary Incontinence

1651 Dj Stent (One Side)

1652 Drainage of Perinepheric Abscess

1653 CAPD-Tenchkoff catheter insertion

Operations on Prostate

1654 Transurethral Resection of Prostate (TURP)

1655 Transurethral Resection of Prostate (TURP) Cyst Lithotripsy

1656 Open Prostatectomy

1657 Open radical Prostratectomy

1658 Laser Prostatectomy

1659 TURP + Circumcision

1660 TURP + Closure of Urinary Fistula

1661 TURP + Cystolithopexy

1662 TURP + Cystolithotomy

1663 TURP + Fistulectomy

1664 TURP + Nephrectomy

1665 TURP + Orchidectomy

1666 TURP + Suprapubic Cystolithotomy

1667 TURP + TURBT

1668 TURP + URS

1669 TURP + Vesicolithotripsy

1670 TURP + VIU (visual internal urethrotomy)

1671 TURP + Haemorrhoidectomy

1672 TURP + Hydrocele

1673 TURP + Hernioplasty

1674 TURP with Repair of Urethra

1675 TURP + Herniorraphy

1676 TURP + Fissurectomy

1677 TURP + Urethrolithotomy

1678 TURP + Urethral dilatation

1679 Bipolar TURP

1680 TURP with removal of the verical calculi

1681 TURP with vesicolithotomy

1682 Fturp

Operations on Scrotum

1683 Scrotal/Perineal Injuries

1684 Orchidopexy Bilateral

1685 Total Penectomy

1686 Micro-surgical Vasovasostomy /Vaso epidedymal ansatamosis.

Operations on Penis

1687 Surgical correction of Chordee

1688 Partial Amputation Of Penis(Non-Malignant)

1689 Plaque Excision/Plasty for Penile curvature/Peyronies disease

1690 Surgical Management of Penile Injuries

1691 Surgery for Priapism

1692 Circumcision

General Procedures

1693 Renal angio embolization

1694 Balloon dialatation of transplant Renal Artery stenosis

1695 A.V. Fistula surgery

1696 Uni-lateral illioinguinal block dissection in non malignant conditions

1697 Block Dissection of ilio-inguinal Nodes – Both Sides (For Ca-Penis)

1698 Post-Transplant Collection drainage for Lymphocele (open)

1699 Post-Transplant Collection drainage for Lymphocele (percutaneous)

1700 Post-Transplant Collection drainage for Lymphocele (Laproscopic)

1701 CAPD-Tenchkoff catheter removal

1702 CAPD bags per month

1703 Cystoscopy/ Stent removal

1704 Extracorporeal shockwave lithotripsy (ESWL)

1705 Post Renal Transplant Immunosuppressive Treatment From 1st To 6th Months

1706 Post Renal Transplant Immunosuppressive Treatment From 7th To 12 Th Month.

1707 Intravesical BCG Induction therapy

1708 Intravesical BCG maintenance

1709 Single Stage HYPOSPADIASIS (ADULT)

1710 Stage-1 HYPOSPADIASIS (ADULT)

1711 Stage-2 HYPOSPADIASIS (ADULT)

1712 Torsion Testis

1713 Dormia Extraction of Calculus

1714 Exploration of Epididymus (Unsuccesful Vasco vasectomy)

1715 Hydrospadius

1716 Transurethral Fulguration

1717 Repair of Uretero Vaginal Fistula

1718 Internal Urethrotomy

1719 Uretero Colic Anastomosis

1720 Ureteroscopic Calculi – Bilateral

1721 Ureteroscopic Calculi – Unilateral

1722 Lithotripsy

1723 Meatotomy

1724 Neoblastoma

1725 Nephrectomy (Renal tumour)

1726 Nephrourethrotomy ( is it Nephrourethrectomy ?)

1727 Open Resection of Bladder Neck

1728 Operation for Injury of Bladder

1729 Reimplantation of Bladder

1730 Operation for Double Ureter

1731 Pyeloplasty & Similar Procedures

1732 Reduction of Paraphimosis

1733 Reimplanation of Urethra

1734 Suprapubic Drainage – Closed

1735 Urethral Dilatation

1736 Urethral Reconstuction

1737 Ureteric Catheterization – Cystoscopy

1738 URS + Stone Removal

1739 URS Extraction of Stone Ureter – Bilateral

1740 URS Extraction of Stone Ureter – Unilateral

1741 URS with Endolitholopexy

1742 URS with Lithotripsy with DJ Stenting

1743 URS+Cysto+Lithotomy

1744 Vesicolithotomy

1745 VIU + Cystolithopexy

1746 VIU + Hydrocelectomy

1747 VIU and Meatoplasty

1748 VIU for Stricture Urethra

1749 VIU with Cystoscopy

1750 Y V Plasty of Bladder Neck

1751 Drainage of Psoas Abscess- paediatric

1752 Operation for ectopic ureter

1753 Ureteroscopic removal of lower ureteric

1754 Ureteroscopic removal of ureteric calculi

1755 Adenoma Excision

1756 Peritoneal dialysis

1757 Laproscopic donor Nephroctomy

1758 Laproscopic ureterolithotomy

1759 Nephrolithomy -laproscopic/endoscopic

1760 Operations for Hydronephrosis Endoplyelotomy antegrade

1761 Operations for Hydronephrosis Endoplyelotomy retrograde

1762 Operations for Hydronephrosis -ureterocalicostomy

1763 Operations for Hydronephrosis-Ileal ureter

1764 Cavernostomy

1765 Simple Cystectomy

1766 Augmentation Cystoplasty

1767 Urethroscopy/ Cystopanendoscopy

1768 Internal urethrotomy -Core through urethroplasty

1769 Abdomino Perineal urethroplasty

1770 Posterior Urethal Valve fulguration.

1771 Total amputation of the Penis

1772 Operations for Varicocele Unilateral-Microsurgical

1773 Operations for Varicocele Palomo’s Unilateral – Lap

1774 Operations for Varicocele Bilateral –Microsurgical

1775 Operations for Varicocele Bilateral – Lap/ Palomo

1776 Arteriovenous Shunt for Haemodialysis

1777 Jugular Catheterization for Haemodialysis

1778 Subclavian Catheterization for Haemodialysis

1779 One sided (single Lumen) Femoral Catheterization for Haemodialysis

1780 Bilateral (single Lumen) Femoral Catheterization for Haemodialysis

1781 Double Lumen Femoral Catheterization for Haemodialysis

1782 Permcath Insertion

1783 Arterio venous Prosthetic Graft

1784 Single lumen Jugular Catheterization

1785 Single lumen Subclavian Catheterization

1786 Plasma Exchange/ Plasma phresis

1787 Open method CAPD catheter insertion

1788 Schlendinger method CAPD catheter insertion

1789 Sustained low efficiency hemodialysis

1790 Continuous Veno venous/Arteriovenous Hemofilteration

1791 Hemodialysis for Sero negative cases

1792 Hemodialysis for Sero Positive cases

1793 Fistologram for Arteriovenous Fistula

1794 Ultrasound guided kidney Biopsy

1795 Fistula stenosis dilation

1796 Slow continuous Ultrafilteration

1797 Endoscopic Bulking agent Inject

1798 Testicular Biopsy

1799 Radical Nephrectomy plus IV thrombus

1800 Radical Nephrectomy plus IV thrombus plus cardiac bypass.

1801 Radical Cystectomy – continent diversion.

1802 Radical Cystectomy – Neobladder

1803 Orchidopexy – Unilateral -Open

1804 Orchidopexy – Unilateral- Lap/Endoscopic

1805 Ureteroscopic Surgery

1806 Scrotal Exploration

1807 Uroflow Study (Uroflometry)

1808 Urodynamic Study (Cystometry)

1809 Cystoscopy with Bladder Biopsy (Cold Cup Biopsy)

1810 Voiding-cysto-urethrogram and retrograde urethrogram (Nephrostogram)

1811 Hollmium YAG Prostate Surgery

1812 Hollmium YAG OIU

1813 Hollmium YAG Core Through

1814 Hollmium YAG Stone Lithotripsy

1815 Semi-rigid penile prosthesis

1816 Green Light laser for prostate

1817 Cystoscopic Botulinum Toxin Injection ( Over active bladder/ Neurogenic bladder)

1818 Peyronie’s disease – Plaque excision with grafting

1819 High Intensity Focus Ultrasound (HIFU) (Robotic) for Carcinoma prostrate and renal cell carcinoma

1820 Prosthetic surgery for urinary incontinence

1821 TRUS guided prostate biopsy

1822 Ultra sound guided PCN

Neurosurgery

1823 Twist Drill Craniostomy

1824 Subdural Tapping

1825 Ventricular Tapping

1826 Burr Hole procedure for evacuation of Brain Abscess

1827 Endoscopy Procedures -Brain

1828 Craniotomy And Evacuation of Subdural Haematoma

1829 Craniotomy And Evacuation of Extradural Haematoma

1830 De-Compressive Craniectomy (Non Traumatic)

1831 Tapping of Brain Abscess

1832 Excision of brain abscess

1833 Evacuation of Intra-Cerebral Hematoma

1834 Temporal Lobectomy Plus Depth Electrodes

1835 Temporal Lobectomy

1836 Excision of Parasagital Brain tumour

1837 Surgical Management of Meningomyelocele

1838 Meningocele Excision

1839 Excision of Basal Brain tumour

1840 Excision of Brain Stem Brain tumour

1841 Excision of C P Angle Brain tumour

1842 Excision of Other Brain tumours

1843 Brain Tumour Embolisation

1844 Lesionectomy Type 1

1845 Lesionectomy Type 2

1846 Excision of Subtentorial Brain Tumours

1847 Cranioplasty

1848 Cranioplasty With Impants

1849 Cranioplasty With Titanium Mesh

1850 Surgical Management of Meningo Encephalocele

1851 Endoscopic Third Ventriculostomy

1852 Surgical Management of C.S.F. Rhinorrhoea

1853 Ventriculo Atrial Shunt

1854 Ventriculo Peritoneal Shunt

1855 External Ventricular Drainage (EVD)

1856 Intra Cranial Vascular Bypass

1857 Laminectomy

1858 Surgery for Spinal cord Tumours

1859 Surgical Management of Intra Medullary Spinal Tumours

1860 Surgical Management of Syringomyelia

1861 Surgical Management of Spina Bifida Major

1862 Surgical Management of Spina Bifida Minor

1863 Radiofrequency Ablation For Trigeminal Neuralgia

1864 Radio Surgery For Brain Tumours & Vascular Malformations

1865 Microvascular Decompression For Trigeminal Neuralgia

1866 Surgical treatment for brachial plexus injuries

1867 Sequalae of brachial plexus injuries

1868 Peripheral Nerve Injury Repair

1869 Cervical Sympathectomy

1870 Lumbar Sympathectomy

1871 Trans Sphenoidal Surgery

1872 Aneurysm Clipping

1873 Embolization of Aneurysm

1874 Coil Embolization of Aneurysm (each coil cost)

1875 Surgical Management of Vascular Malformations

1876 Spinal Fixation Rods And Plates, Artificial Discs

1877 Discectomy

1878 Excision Of Cervical Inter-Vertebral Discs

1879 Anterior Discectomy & Bone Grafting

1880 Discectomy With Implants

1881 Anterior Cervical Discectomy

1882 Corpectomy For Spinal Fixation

1883 Spinal Fusion Procedure

1884 Trans Oral Surgery

1885 Combined Trans-Oral Surgery & Cv Junction Fusion

1886 C.V. Junction Fusion

1887 Anterior Cervical Spine Surgery With Fusion

1888 Stereotactic Procedures

1889 Proptosis

1890 Excision Of Lobe (Frontal,Temporal,Cerebe llum Etc.)

1891 Posterior Cervical Discectomy

1892 Anterior Lateral Decompression

1893 Decompression/Excision Of Optic Nerve Lesions- neurosurgery

1894 Spinal Procedure for Meningo Myelocele

1895 Facet, Nerve Root Blocks

1896 Excision Of Scalp Lesions

1897 Surgical Management of other Vascular Malformations (Other Than AVM) – Cavernomas, AV Fistulas,

Sinus Pericranii

1898 Cranio Ventrical

1899 Craniostenosis

1900 Duroplasty

1901 Local Neurectomy

1902 Lumbar Disc

1903 Microdiscectomy – Lumber

1904 Repair & Transposition Nerve

1905 Skull Traction

1906 Spine – Canal Stenosis

1907 Spine – Disc Cervical/Lumber

1908 Temporal Rhizotomy

1909 Selective Posterior Rhizotomy

1910 Tumours Meninges – Gocussa

1911 Tumours Meninges – Posterior

1912 Brain Biopsy

1913 Cranial Nerve Anastomosis

1914 Nerve Biopsy excluding Hensens

1915 Peripheral Neurectomy (Tirgeminal)

1916 Operation for Neoblastoma

1917 Excision of Brain Tumours -Supratentotial

1918 Excision of Brain Tumours -Infratentorial

1919 Excision of Brain Tumours -Intra Ventricular

1920 Placement of ICP Monitor –

1921 Lumber Pressure Monitoring

1922 Median Nerve Decompression

1923 Anterio Lateral Decompression of spine

1924 Brain Mapping

1925 Cervical or Dorsal or Lumbar Laminectomy

1926 Endarterectomy (Carotid)

1927 Spasticity Surgery

1928 Implantation of DBS -One electrode

1929 Implantation of DBS -two electrodes

1930 Endoscopic aqueductoplasty

1931 Facial nerve reconstruction

1932 Carotid stenting

1933 Cervical disc arthroplasty

1934 Lumbar disc arthroplasty

1935 Corpus callostomy for Epilepsy

1936 Hemishpherotomy for Epilepsy

1937 Endoscopic CSF rhinorrhea repair

1938 Burr hole evacuation of chronic subdural haematoma

1939 Epilepsy surgery

1940 RF lesion for facet joint pain syndrome

1941 Cervical laminoplasty

1942 Lateral mass C1-C2 screw fixation

1943 Microsurgical decompression for hemifacial spasm

1944 IC EC bypass procedures

1945 Image guided craniotomy

1946 Baclofen pump implantation

1947 Programmable VP shunt

1948 Endoscopic sympathectomy

1949 Lumber puncture

1950 Endoscopic 3rd ventriculostomy

1951 Endoscopic cranial surgery/Biopsy/aspiration

1952 Endoscopic discectomy (Lumbar, Cervical)

1953 Surgery for groving skull fractures

1954 Carpel Tunnel decompression

1955 Surgery for intracranial Arteriovenous malformarions(AVM)

1956 Foramen magnum decompression for Chari Malformation

1957 Dorsal column stimulation for backache in failed back syndrome

1958 Surgery for recurrent disc prolapse/epidural fibrosis

1959 Decompressive cranectomy for hemishpherical acute subdural haematoma/brain swelling/large infarct

1960 Intra-arterial thrombolysis with tPA for ischemic stroketTpa-activated thromboplastin)

1961 Endoscopic aspiration of intracerebellar haematoma

1962 Steriotactic Radiosurgery for brain pathology(X kinfe/Gamma ) – ONE session

1963 Steriotactic Radiosurgery for brain pathology(X kinfe/Gamma knife -Two or more sessions

1964 Chemotheraphy wafers for malignant brain tumors

1965 Battery Placement for DBS

1966 Baclofen pump implantation for spasticity

1967 Peripheral Nerve tumor surgery

1968 Surgery Intra Cranial Meningioma

1969 Surgery for Intracranial Schwannoma

1970 Surgery for Gliomas

1971 Surgery for Orbital tumors

1972 Surgery for Cranial (Skull) tumors

1973 Surgery for Scalp AVM’s

1974 Kyphoplasty

1975 Lesioning procedures for parkinsons disease, Dystonia etc.

1976 Steriotactic aspiration of intracerebral haematoma

1977 Evacuation of Brain Abscess by craniotomy

Surgical Oncology

1978 Thyroidectomy any type in malignant conditions

1979 Parathyroidectomy in malignant conditions

1980 Unilateral Adrenalectomy in malignant conditions

1981 Laparoscopic Biilateral adrenalectomy in malignant conditions

1982 Maxillectomy + Orbital Exenteration in malignant conditions

1983 Orbital Exenteration in malignant conditions

1984 Sleeve Resection of Ear in malignant conditions

1985 Hemiglossectomy in malignant conditions

1986 Total Glossectomy + Reconstruction in malignant conditions(25.59)

1987 Parotidectomy any type in malignant conditions

1988 Excision of Submandibular gland in malignant conditions

1989 Palatectomy any type in malignant conditions

1990 Full Thickness Buccal Mucosal Resection & Reconstruction in malignant conditions(27.59)

1991 Resection of Nasopharyngeal Tumor in malignant conditions

1992 Excision of Parapharyngeal tumours in malignant conditions

1993 Laryngectomy Any Type in malignant conditions

1994 Laryngopharyngo Oesophagectomy in malignant conditions

1995 Tracheostomy- oncosurgery

1996 Tracheal Resection in malignant conditions

1997 Solitary Lung Metastatectomy in malignant conditions

1998 Lung Metastatectomy multiple in malignant conditions

1999 Sleeve Resection of Lung Cancer

2000 Lobectomy for Carcinoma Lung

2001 Pneumonectomy for Carcinoma Lung

2002 Intercostal Drainage(Icd) in malignant conditions

2003 Resection of mediastinal tumors in malignant conditions

2004 Superior Mediastinal Dissection+Sternotomy in malignant conditions(77.31)

2005 Surgical Resection of Soft tissue /Bone tumors of Chest wall

2006 Surgical Resection and Reconstruction of Soft tissue /Bone tumors of Chest wall in malignant

conditions

2007 Surgical Correction of Bronchopleural Fistula – Transpleural BPF Closure in malignant conditions

2008 Micro Vascular Reconstruction in malignant conditions

2009 Neck Dissection Any Type in malignant conditions

2010 Retro Peritoneal Lymph Node Dissection Rplnd As Part Of Staging in malignant conditions

2011 Axillary Dissection in malignant conditions

2012 Inguinal Block Dissection One Side in malignant conditions

2013 Retro Peritoneal Lymph Node Dissection(Rplnd) (For Residual Disease) in malignant conditions

2014 Splenectomy in malignant conditions

2015 Oesophagectomy Any Type in malignant conditions

2016 Oesophagectomy With Two Field Lymphadenectomy in malignant conditions(40.59)

2017 Oesophagectomy With Three Field Lymphadenectomy in malignant conditions(40.59)

2018 Substernal Gastric Bypass in malignant conditions

2019 Gastrectomy Any Type in malignant conditions

2020 Gastrostomy in malignant conditions

2021 Gastro Jejunostomy in malignant conditions

2022 Small Bowel Resection in malignant conditions

2023 Colectomy Any Type in malignant conditions

2024 Ileotransverse Colostomy in malignant conditions

2025 Colostomy in malignant conditions

2026 Ileostomy in malignant conditions

2027 Jejunostomy in malignant conditions

2028 Ileostomy Closure in malignant conditions

2029 Colostomy Closure in malignant conditions

2030 Abdomino Perineal Resection (Apr) + Sacrectomy in malignant conditions(77.99)

2031 Anterior Resection of rectum in malignant conditions

2032 Posterior Exenteration for Carcinoma Rectum

2033 Total Exenteration for Carcinoma Rectum

2034 Radical Cholecystectomy in malignant conditions

2035 Hepatectomies in malignant conditions

2036 Distal Pancreatectomy in malignant conditions

2037 Other Bypasses-Pancreas in malignant conditions

2038 Abdominal Wall Tumor Resection in malignant conditions

2039 Resection With Reconstruction of Abdominal wall Tumors in malignant conditions

2040 Resection Of Retroperitoneal Tumors in malignant conditions

2041 Open Partial Nephrectomy

2042 Radical Nephrectomy

2043 Nephroureterectomy For Transitional Cell Carcinoma Of Renal Pelvis in malignant conditions

2044 Urinary Diversion in malignant conditions(56.6/56.7)

2045 Suprapubic cystostomy

2046 Other Cystectomies in malignant conditions

2047 Open radical cystectomy with Ilealconduit diversion

2048 Radical Prostatectomy in malignant conditions

2049 High Orchidectomy

2050 Emasculation in malignant conditions

2051 Partial Penectomy

2052 Surgery For Carcinoma Ovary Early Stage

2053 Unilateral /BilateralSalpingo Oophorectomy in malignant conditions(65.6.1)

2054 Ovarian cystectomy in malignant conditions

2055 Surgery For Carcinoma Ovary Advance Stage

2056 Radical Trachelectomy in malignant conditions

2057 Hysterectomy in malignant conditions

2058 Radical Hysterectomy in malignant conditions

2059 Total Abdominal Hysterectomy(Tah) + Bilateral Salpingo Ophorectomy (Bso) + Bilateral Pelvic Lymph

Node Dissection (Bplnd) + Omentectomy in malignant conditions

2060 Radical Hysterectomy +Bilateral Pelvic Lymph Node Dissection (Bplnd) + Bilateral Salpingo

Ophorectomy (Bso) / Ovarian Transposition in malignant conditions

2061 Anterior Exenteration – Carcinoma Cervix

2062 Posterior Exenteration – Carcinoma Cervix

2063 Total Pelvic Exenteration – Carcinoma Cervix

2064 Supra Levator Exenteration – Carcinoma Cervix

2065 Radical Vaginectomy in malignant conditions

2066 Radical Vaginectomy + Reconstruction(70.62)

2067 Vulvectomy in malignant conditions

2068 Hemimandibulectomy in malignant conditions

2069 Marginal Mandibulectomy in malignant conditions

2070 Maxillectomy Any Type in malignant conditions

2071 Cranio Facial Resection in malignant conditions

2072 Resection of Lateral Temporal Bone in malignant conditions

2073 Subtotal Resection of Temporal Bone in malignant conditions

2074 Total Resection of Temporal Bone in malignant conditions

2075 Maxillectomy + Infratemporal Fossa Clearance in malignant conditions

2076 Bone Resection in malignant conditions

2077 Surgery (removal) for Bone/Soft tissue tumors-Without Prosthesis in malignant conditions(83.49)

2078 Surgery (removal) for Bone / Soft tissue tumors-With Custom Made Prosthesis in malignant

conditions(83.49+84.40)

2079 Surgery (removal) for Bone / Soft tissue tumors-With Modular Prosthesis in malignant

conditions(83.49+84.40)

2080 Bone and Soft TissueTumors Amputation in malignant conditions(83.49)

2081 Shoulder Girdle Resection in malignant conditions

2082 Sacral Resection in malignant conditions

2083 Forequarter Amputation in malignant conditions

2084 Hemipelvectomy in malignant conditions

2085 Internal Hemipelvectomy in malignant conditions

2086 Curettage & Bone Cement in malignant conditions

2087 Lumpectomy

2088 Wide Excision – Breast in malignant conditions

2089 Mastectomy Any Type in malignant conditions

2090 Breast Reconstruction Surgery

2091 Skin Tumors Wide Excision in malignant conditions

2092 Skin Tumors wide Excision + Reconstruction in malignant conditions(86.6/86.7)

2093 Reconstructon with Myocutaneous / Cutaneous Flap in malignant conditions

2094 Composite Resection & Reconstruction – Head & Neck in malignant conditions

2095 Skin Tumors amputation in malignant conditions

2096 Abdominoperinial Resection in malignant conditions

2097 Total Penectomy

2098 Segmental Mandibulectomy

2099 Tracheal Resection in malignant conditions(CA. THYROID)

2100 Surgical Resection of Soft tissue /Bone tumors of Chest wall

2101 Head and Neck – Wide Excision

2102 Bilateral Orchidectomy

2103 Soft Tissue And Bone Tumors Wide Excision

2104 Soft Tissue And Bone Tumors Wide Excision + Reconstruction

2105 Bilateral Pelvic Lymph Node Dissection(BPLND)- Gynaec cancers

2106 Surgical Correction Of Bronchopleural Fistula. Thoracoplasty in malignant condition

2107 Surgical Correction Of Bronchopleural Fistula. Myoplasty in malignant condition

2108 Decortication

2109 Anterior Exenteration (CA. URINARY BLADDER)

2110 Total Exenteration (CA. URINARY BLADDER)

2111 Bilateral Pelvic Lymph Node Dissection(Bplnd) (CA. URINARY BLADDER)

2112 Vascular reconstruction with synthetic graft in malignant conditions

2113 Vascular reconstruction with auto graft in malignant conditions

2114 Vascular isolation and perfusion in malignant conditions

2115 Uni-lateral Inguinal Block Dissection in malignant conditions

2116 Bi-lateral Ilioinguinal block disection in malignant conditions

2117 Popliteal lymphadenectomy in malignant conditions

2118 IVC thrombectomy in malignant conditions

2119 IVC filters for tumour thrombus in malignant conditions

2120 Inoperable Laparotomy in malignant conditions

2121 Diagnostic Laparoscopy in malignant conditions

2122 Wide local excision in malignant conditions

2123 Wide local excision + reconstruction

2124 Isolated limb perfusion-hyperthermia in malignant conditions

2125 Operation for Carcinoma Lip – Vermilionectomy

Medical Oncology

2126 Prostate Cancer with Hormonal Therapy

2127 Chemotherapy for Breast Cancer with Adriamycin / Cyclophosphamide (Ac)

2128 Chemotherapy for Oesophageal Cancer with Cisplatin/5fu

2129 Chemotherapy for Gastric Cancer with 5-Fu Leucovorin (Mcdonald Regimen)

2130 Chemotherapy for Vulval Cancer with Cisplatin/5-Fu

2131 Chemotherapy for Breast Cancer with Ac (Ac Then T)

2132 Chemotherapy for Colorectal Cancer with Monthly 5-Fu

2133 Chemotherapy for Bladder Cancer with Weekly Cisplatin.

2134 Chemotherapy for Colorectal Cancer with 5-Fluorouracil-Oxaliplatin Leucovorin (Folfox) (Stage III)

Only

2135 Chemotherapy for Vaginal Cancer with Cisplatin/5-Fu

2136 Chemotherapy for Bone Tumors with Cisplatin/Adriamycin

2137 Chemotherapy for Bone Tumors – Hodgkin Lymphoma disease with Adriamycin Bleomycin

Vinblastine Dacarbazine (Abvd)

2138 Chemotherapy for Non Hodgkin Lymphoma with Cyclophosphamide Adriamycin Vincristine

Prednisone (Chop)

2139 Chemotherapy for Breast Cancer with Paclitaxel

2140 Chemotherapy for Bladder Cancer with Methotrexate Vinblastine Adriamycin Cyclophosphamide

(Mvac)

2141 Chemotherapy for Multiple Myeloma with Vincristine, Adriamycin,Dexamethasone(Vad)

2142 Chemotherapy for Multiple Myeloma with Thalidomide+Dexamethasone(Oral)

2143 Chemotherapy for Multiple Myeloma with Melphalan Prednisone (Oral)

2144 Chemotherapy for Wilms Tumor with Siopwts Regimen(Stages I-III)

2145 Chemotherapy for Ovarian cancer with Carboplatin / Paclitaxel

2146 Chemotherapy for Hepatoblastoma operable with Cisplatin -Adriamycin

2147 Chemotherapy for Childhood B cell Lymphoma with variable regimen

2148 Chemotherapy for Neuroblastoma (Stages I-III ) with Variable Regimen

2149 Chemotherapy for Retinoblastoma with Carbo/Etoposide/Vincristine

2150 Chemotherapy for Breast Cancer with 5- Fluorouracil A-C (Fac)

2151 Chemotherapy for Breast Cancer with Cyclophosphamide/ Methotrexate / 5fluorouracil (Cmf)

2152 Chemotherapy for Histiocytosis with Variable Regimen

2153 Chemotherapy for Rhabdomyosarcoma with Vincristine-Actinomycin-Cyclophosphamide(Vactc)

Based Chemo

2154 Chemotherapy for Ewings Sarcoma with Variable Regimen

2155 Chemotherapy for Acute Myeloid Leukemia with Induction Phase

2156 Chemotherapy for Ovarian cancer with Germ Cell Tumor Bleomycin-Etoposide-Cisplatin (Bep)

2157 Chemotherapy for Acute Myeloid Leukemia with Consolidation Phase

2158 Chemotherapy for Acute Myeloid Leukemia with Maintenance phase

2159 Chemotherapy for Acute Lymphoblastic Leukemia with Induction 1st And 2nd Months

2160 Chemotherapy for Acute Lymphoblastic Leukemia with Induction 3rd, 4th, 5th

2161 Chemotherapy for Non SMAL cell Lung Cancer with Cisplatin/Etoposide (Iiib)

2162 Chemotherapy for Acute Lymphoblastic Leukemia with Induction Maintenance

2163 Palliative Chemotherapy for unlisted Regimen

2164 Chemotherapy for Breast Cancer with Tamoxifen Tabs

2165 Palliative And Supportive Therapy for terminally ill cancer patient

2166 Chemotherapy for Acute Myeloid Leukemia with Xelox Along With Adjuvant Chemotherapy Of As-I

2167 Chemotherapy for Multiple myeloma with Zoledronic Acid Along With Adjuvant Chemotherapy Of AsI

2168 Chemotherapy for low risk Gestational trophoblast DS with Weekly Methotrexate

2169 Chemotherapy for Febrile Neutropenia with 1st Line Iv Antibiotics And Other Supportive Therapy (

Third Generation Cephalosporin, Aminoglycoside Etc.,)

2170 Chemotherapy for Febrile Neutropenia with 2nd Line Iv Antibiotics And Other Supportive

Therapy(Carbapenems, Fourth Generation Cephalosporins, Piperacillin, Anti-Fungal . Azoles Etc.,)

2171 Chemotherapy for Breast Cancer with Aromatase Inhibitors

2172 Chemotherapy for low risk Gestational trophoblast DS with Actinomycin

2173 Chemotherapy for Cervical Cancer with Weekly Cisplatin

2174 Chemotherapy for high risk Gestational trophoblast DS with Etoposide-Methotrexate -Actinomycin /

Cyclophosphamide Vincristine (Ema-Co)

2175 Chemotherapy for Testicular Cancer with Bleomycin with Etoposide-Cisplatin (Bep)

2176 Chemotherapy for Non SMAL cell Lung Cancer with Erlotinib

2177 Chemotherapy for Non SMAL cell Lung Cancer with GEFITINIB

2178 Chemotherapy for Non SMAL cell Lung Cancer with Paclitaxel /Carboplatin

2179 Chemotherapy for Non SMAL cell Lung Cancer with PEM + Cisplatin

2180 Chemotherapy for Gastric Cancer with EOX

2181 Chemotherapy for Gastric Cancer with Gemcitabine+Oxaliplatin

2182 Chemotherapy for Gastric Cancer with Gemcitabine / Cisplatin

2183 Chemotherapy for Gastric Cancer with Imatinib(CML)

2184 Chemotherapy for Gastric Cancer with Dcf

2185 Chemotherapy for Colorectal Cancer with Capecitabine + bevacizumab (metastatic)

2186 Chemotherapy for Colorectal Cancer with Capecitabine + Oxalipantia (adjuvant) and metastatic

2187 Chemotherapy for Colorectal Cancer with Capacitabine

2188 Chemotherapy for Non Hodgkin Lymphoma with R – chop

2189 Chemotherapy for Neuroblastoma (Stages I-III ) PCV (medulloblastoma)

2190 Chemotherapy for Multiple myeloma with Lenalidomide dexa

2191 Chemotherapy for Multiple myeloma with MPT(myeloma)

2192 Chemotherapy for Multiple myeloma with Imatinib (GSIT)

2193 Chemotherapy for Chronic lymphoid leukemia with Benadamustine

2194 Chemotherapy for Chronic lymphoid leukemia with Chilorambucil

2195 Chemotherapy for Chronic lymphoid leukemia with IA

2196 Chemotherapy for Chronic lymphoid leukemia with Imatinib(CML)

2197 Chemotherapy for Chronic lymphoid leukemia with Sunitinib

2198 Chemotherapy With Temozolamide(brain tumours)

2199 Chemotherapy With Benadamustin -RITUXIMAB

2200 Chemotherapy With TIP(GCT 2nd line)

2201 Chemotherapy for Breast Cancer with Docetaxel

2202 Chemotherapy for Cervical Cancer with Weekly Cisplatin

2203 Chemotherapy for high risk Gestational trophoblast DS with Etoposide-Methotrexate -Actinomycin /

Cyclophosphamide Vincristine (Ema-Co)

2204 Chemotherapy for Testicular Cancer with Bleomycin with Etoposide-Cisplatin (Bep)

2205 Chemotherapy Chemotherapy for Hepatoblastoma operable with Sorafenib

2206 Chemotherapy with Capeiri(metastatic)

2207 Chemotherapy with Capeox(adjuvant) and metastatic

2208 2 D Planing

2209 IGRT(Image guided radiotherapy)

2210 Respiratory Gating-alongwith Linear accelerator planning

2211 Electron beam with Linear accelerator

2212 Tomotherapy

2213 Intraluminal

2214 Surface mould

2215 GLIADAL WAFER

2216 PICC line (peripherally inserted Central canulisation)

Radiation Oncology

2217 Brachytherapy Intracavitary I. Ldr Per Application

2218 Brachytherapy Intracavitary II. Hdr Per Application

2219 Radical Treatment with Cobalt 60 External Beam Radiotherapy

2220 Palliative Treatment with Cobalt 60 External Beam Radiotherapy

2221 Adjuvant Treatment with Cobalt 60 External Beam Radiotherapy

2222 Radical Treatment With Photons External Beam Radiotherapy (on Linear Accelerator)

2223 Palliative Treatment With Photons External Beam Radiotherapy (on Linear Accelerator)

2224 Adjuvant Treatment With Photons/Electrons / (92.25)External Beam Radiotherapy (on Linear

Accelerator)

2225 Brachytherapy Interstitial I. Ldr Per Application

2226 Brachytherapy Interstitial II. Hdr One Application And Multiple Dose Fractions

2227 Specialized Radiation therapy- IMRT (Intensity modulated radiotherapy) Upto 40 Fractions IMRT In 8

Weeks

2228 Specialized Radiation therapy – 3DCRT(3-D conformational radiotherapy)Upto 30 Fractions 3DCRT In

6 Weeks

2229 Specialized Radiation therapy – SRS/SRT Upto 30 Fractions In SRS/SRT 6 Weeks

Plastic surgery

2230 Surgical correction for Craniosynostosis

2231 Surgical Correction of Nerve and Tendon Repair + Vascular Repair (82.4+39.3)

2232 Surgical Correction of anamolies of Ear (cup & bat ears)

2233 Surgical correction for Vascular malformations

2234 Reconstructive procedures for vaginal atresia

2235 Surgical Correction of lid retraction with Tumour of Mandible And Maxilla

2236 Surgical correction for Congenital Deformity of Hand (Per Hand)

2237 Surgical Correction of Leprosy Reconstructive Surgery

2238 Post Burn Contracture Surgeries – Mild

2239 Post Burn Contracture Surgeries – Moderate

2240 Post Burn Contracture Surgeries – Severe

2241 Reduction Surgery For Filarial Lymphoedema

2242 Surgical Management of 40% mixed burns

2243 Surgical Management of 50% mixed burns

2244 Surgical Management of 60% mixed burns

2245 Surgical Management of above 60% mixed burns

2246 Surgical Correction of Hemifacial Atrophy

2247 Surgical Correction of hemifacial microsomia

2248 Surgical Management of Syndactyly of Hand For Each Hand

2249 Conservative management of 40% burns

2250 Conservative management of 50% burns

2251 Surgical Management Of Cleft Lip

2252 Surgical correction of Cleft Palate

2253 Surgical corection of Velo-Pharyngeal Incompetence

2254 Reconstruction or prosthetic appliance for absent ear

2255 Management of electrical burns with vitals exposed with flap cover

2256 Correction of lid retraction

2257 Surgery for Tm Joint Ankylosis

2258 Free Grafts – Large Area 10%

2259 Free Grafts – Theirech- Small Area 5%

2260 Free Grafts – Very Large Area 20% and above

2261 Free Grafts – Wolfe Grafts

2262 Skin Flaps – Rotation Flaps

2263 Upto 30% burns first dressing

2264 Upto 30% burns subsequent dressing

2265 Excision and Skin Graft of Venous Ulcer

2266 Primary Suturing of Wound

2267 Injection of Keloids – Ganglion /Ganglion Sclerotherapy

2268 Skin Flaps – Advancement Flaps

2269 Skin Flaps – Direct- cross Leg Flaps- Cross Arm Flap

2270 Skin Flaps – Cross Finger

2271 Skin Flaps – Abdomil

2272 Skin Flaps – Thoracic

2273 Skin Flaps – Arm Etc.

2274 Injection of Keloids – Haemangioma

2275 Subcutaneous Pedicle Flaps Raising

2276 Subcutaneous Pedicle Flaps Delay

2277 Subcutaneous Pedicle Flaps Transfer

2278 Cartilate Grafting

2279 Reduction of Facial Fractures of Nose

2280 Nose fractures with implants

2281 Maxilla fractures lefort II

2282 Surgical Correction Of Fracture Lefort III

2283 Maxilla fractures lefort III

2284 Reduction of Fractures of Mandible & Maxilla – Eye Let Splinting

2285 Reduction of Fractures of Mandible & Maxilla – Cast Netal Splints

2286 Reduction of Fractures of Mandible & Maxilla – Gumming Splints

2287 Internal Wire Fixation of Mandible & Maxilla

2288 Primary Bone Grafting for alveolar cleft in Cleft Lip

2289 Secondary Surgery for Cleft Lip Deformity

2290 Secondary Surgery for Cleft Palate

2291 Reconstruction of Eyelid Defects – Minor

2292 Reconstruction of Eyelid Defects – Major

2293 Plastic Surgery of Different Regions of the Ear – Minor

2294 Plastic Surgery of Different Regions of the Ear – Major

2295 Plastic Surgery of the Nose – Minor

2296 Plastic Surgery of the Nose – Major

2297 Reconstructive surgery for facial palsy -micro vascular

2298 Reconstructive surgery for facial palsy -conventional

2299 Pendulous Breast – Mammoplasty

2300 Underdeveloped Breast Mammoplasty

2301 After Mastectomy (Reconstruction)Mammoplasty

2302 Dermabrasion Face

2303 30% to 50% Burns 1st Dressing

2304 30% to 50% Burns Subsequent Dressing

2305 Extensive Burn -above 50% Frist Dressing

2306 Extensive Burn -above 50% Subsequent dressing

2307 Corrective surgery for Hyperchalonism elecanthes

2308 Tarsorrhaphy surgery to prevent exposure keratitis to prevent loss or impairment of vision especially in

facial burns

2309 Nose deformities with functional disturbances

2310 Macroglossia Correction

2311 Micrognathia – pierre robbinsequalae

2312 Tessier cleft

2313 Palatal fistula Repair

2314 Penis reconstruction – pedicled

2315 Penis reconstruction – micro vascular

2316 Functional corrective surgery for sequel of facial injuries

2317 Orthognathic surgeries involving facial bones

2318 Panfacial fractures combination with polytrauma

2319 Frontonasoethmoid fractures with implants

2320 Zygoma/orbital fractures

2321 Facial bone fractures – mandible fracture single with implants

2322 Facial bone fractures – mandible fracture multiple with implants

2323 Alveolar bone grafting with bone graft

2324 Polydactyly Repair

2325 Calvarial reconstruction

2326 Treatment for trisser fingerenosynovitis(82.2)

2327 Aplasia / hypoplasia / post traumatic loss of thumb for reconstruction – conventional surgery

2328 Aplasia / hypoplasia / post traumatic loss of thumb for reconstruction – microsurgery

2329 Tendon transfer procedure for wrist drop

2330 Corrective surgery for Cleft hand

2331 Mallet finger Surgery

2332 Boutonnierie’s deformity Repair

2333 Finger tip injuries Repair

2334 Compressive neuropathies

2335 Treatment for supparativechondritis

2336 Post cabg(sternal dehiscence/osdo Repair

2337 Free functional muscle transfer

2338 Corrective surgery for congenital deformities of foot (per foot)

2339 Amputation of hand / fore arm / arm / foot / leg / thigh with skin cover (84.1)

2340 Amputation of digit with skin cover(84.11)

2341 Disarticulation through shoulder

2342 Disarticulation through thigh

2343 Reimplantation / revascularization – multiple digits per finger

2344 Reimplantation / revascularization – single digit

2345 Reimplantation / revascularization – wrist

2346 Toe transfer

2347 Breast reduction for gynacomastia-male

2348 Breast reduction for gigantomachia female

2349 Nipple areola reconstruction

2350 Any raw area which needs skin grafting – mild<5%

2351 Any raw area which needs skin grafting – moderate 5-10%

2352 Any raw area which needs skin grafting – major – >10 %

2353 Debridement and primary closure for avulsion injuries(86.59)

2354 Debridement and skin grafting for avulsion injuries(86.63)

2355 Eyelid injuries / avulsions – major (more than 25% either in thickness or length)

2356 Nose injuries / avulsions- primary closure/ skin graft(86.6)

2357 Ear injuries / avulsions – primary closure/ skin graft(86.6)

2358 Lip injuries / avulsions – primary closure/ skin graft(86.6)

2359 Sub mucosal fibrosis – surgical management with grafts

2360 Extensive degloving injuries / lacerations of the face in RTA/ Animal bites with exposure of vital

structures

2361 Surgical management for keloid & hypertrophic scar requiring flap cover

2362

Flap cover for trauma of the hand / forearm / arm / foot / leg / thigh etc., with exposure of the

underlying vital structures like tendons, nerves, vessels, bone, with or without any fracture – flap

division

2363 Crush injury hand involving loss of skin and vital parts requiring flap cover

2364 Flap cover for trauma of the hand / forearm / arm / foot / leg / thigh etc., with exposure of the

underlying vital structures like tendons, nerves, vessels, bone, with or without any fracture- flap insert

2365 Micro vascular reconstruction flap (post burns, post neoplastic, trauma, post traumatic, congenital)

2366 Nose injuries / avulsions -flap cover

2367 Ear injuries / avulsions – flap cover

2368 Lip injuries / avulsions – flap cover

2369 Scar revision procedures involving natural orifices

2370 Post traumatic squeal like contractures, severe hypertrophy, unstable scars, non-healing ulcers etc.,

2371 Tissue expansion -for functional purpose

2372 Conservative management of 60% burns

RADIO-ISOTOPE THERAPY

2373 131-lodine Therapy

2374 131-lodine Therapy <15mCi

2375 131-lodine Therapy 15-50mCi

2376 131-lodine Therapy 51-100mCi

2377 131-lodine Therapy >100mCi

2378 Phosphorus-32 therapy for metastatic bone pain palliation

2379 Samarium-153 therapy for metastatic bone pain palliation

2380 Radiosynovectomy with Yttrium

Polytrauma

2381 Thoracostomy

2382 Surgical Management for Abdominal Injuries

2383 Surgical management with K-Wiring for Small bone fractures (To Be Covered Along With Other

Injuries Only And Not As Exclusive Procedure)

2384 Surgical Management of Patella Fracture (To Be Covered Along With Other Injuries Only And Not As

Exclusive Procedure)

2385 Surgical Correction Of Pelvic Bone Fractures.

2386 Surgical Correction Of Longbone Fracture

2387 Surgical Management of Grade I&II Compound Fractures

2388 Surgical Management of Grade III Compound Fractures

2389 Surgical Management of wound In Compound Fracture with Flap cover(86.7)

2390 Management of Soft Tissue Injury

2391 Intesive care management for Chest injuries in RICU Rs. 4000/- per day

2392 Intesive care managementof Neuro Surgical Trauma in Neuro Icu @Rs.4000/Day

2393 Intesive care management for Abdominal Injuries In Surgical ICU

2394 Amputation Surgery

2395 Medical Management for Neuro surgical trama in General Ward

2396 Surgical Treatment (Up To) for Neuro Surgical Trauma

2397 Conservative management for Chest injuries in General Ward

2398 Surgical Treatment for Chest injuries

2399 Conservative management for Abdominal Injuries In General Ward

2400 Tracheostomy

2401 Surgical Management with Facial Bone Fractures (Facio- Maxillary Injuries)

Cochlear Implant Surgery (CIS)

2402 Post Switch On Mapping/Initiation Of AVT And Training Of Child And Mother – Second Installment

2403 Post Switch On Mapping/Initiation Of AVT And Training Of Child And Mother – Third Installment

2404 Post Switch On Mapping/Initiation Of AVT And Training Of Child And Mother – Fourth Installment

2405 Behind Ear Analogue Hearing Aid for Hearing impaired

2406 Cochlear Implant Surgery

2407 Initial Mapping/Switch On for Auditory – Verbal Therapy

2408 Post Switch On Mapping/Initiation Of AVT And Training Of Child And Mother – First Installment

Prosthesis

2409 SYMES Prostheses – High Density Ppolyethylene (HDP) / Polypropylene (PP)

2410 SYMES Prostheses – Fibre

2411 SYMES Prostheses – Modular

2412 Upper Limb – High Density Ppolyethylene (HDP) / Polypropylene (PP)

2413 Upper Limb – Fibre

2414 Upper Limb – Modular

2415 Whole Upper Limb – High Density Ppolyethylene (HDP) / Polypropylene (PP)

2416 Whole Upper Limb – Fibre

2417 Whole Upper Limb – Modular

2418 Above Elbow – High Density Ppolyethylene (HDP) / Polypropylene (PP)

2419 Above Elbow – Fibre

2420 Above Elbow – Modular

2421 Above Knee – High Density Ppolyethylene (HDP) / Polypropylene (PP)

2422 Above Knee – Fibre

2423 Above Knee – Modular

2424 Below Knee/ Petellar Tendon Bearing – High Density Ppolyethylene (HDP) / Polypropylene (PP)

2425 Below Knee/Petellar Tendon Bearing – Fibre

2426 Below Knee/Petellar Tendon Bearing – Modular

2427 Through Knee – High Density Ppolyethylene (HDP) / Polypropylene (PP)

2428 Through Knee – Fibre

2429 Through Knee – Modular

2430 Hip disarticulation prostheses – Hdp/Pp

2431 Hip disarticulation prostheses – Fibre

2432 Hip disarticulation prostheses – Modular

2433 Hip disarticulation prostheses – Partial Foot Prostheses

Dental surgery

2434 Fistulectomy

2435 Sequestrectomy

2436 Tumour excision

2437 Apisectomy including LA

2438 Cyst under LA (Large)

2439 Cyst under LA (Small)

2440 Flap operation per Tooth

2441 Gingivectomy per Tooth

2442 Impacted Molar including LA

2443 Flap Operation per quadrant

2444 Gingivectomy per quadrant

2445 Reduction & immobilasation of fracture- Maxilla Under LA

2446 Reduction & immobilasation of fracture-Mandible Under LA

2447 splints/Cirucum mandibular wiring under LA

2448 splints/Cirucum mandibular wiring under GA

2449 Internal wire fixation/plate fixation of Maxilla under LA

2450 Internal wire fixation/plate fixation of Maxilla under GA

2451 Internal wire fixation/plate fixation of Mandible under LA

2452 Internal wire fixation/plate fixation of Mandible under GA

2453 Extraction per tooth under LA

2454 Complicated Ext. per Tooth under LA

2455 Extraction of impacted tooth under LA

2456 Extraction in mentally retarded/patients with systemic diseases/patient with special needs under short

term GA

2457 Cyst & tumour of Maxilla /mandible by enucleation/excision/marsupalisation upto 4 cms under LA

2458 Cyst & tumour of Maxilla/mandible by enucleation/excision/marsupalisation size more than 4 cms

under LA

2459 Cyst & tumour of Maxilla/mandible by enucleation/excision/marsupalisation size more than 4 cms

under GA

2460 TM joint ankylosis- under GA

2461 Biopsy Intraoral-Soft tissue

2462 Biopsy Intraoral-Bone

2463 Hemi-mandibulectomy with graft

2464 Hemi-mandibulectomy without graft

2465 Segmental-mandibulectomy with graft

2466 Segmental-mandibulectomy without graft

2467 Maxillectomy- Total with graft

2468 Maxillectomy- Total without graft

2469 Maxillectomy- partial with graft

2470 Maxillectomy- partial without graft

2471 Release of fibrous bands & grafting -in (OSMF) treatment under GA

2472 Pre-prosthetic surgery- Alveoloplasty

2473 Pre-prosthetic surgery – ridge augmentation

2474 Root cal Treatment(RCT) Anterior teeth

2475 Root cal Treatment(RCT) Posterior teeth

2476 Apicoectomy- Single root

2477 Apicoectomy-Multiple roots

2478 Metal Crown-per unit

2479 Metal crown with Acrylic facing per unit

2480 Complete single denture-metal based

2481 Complete denture- acrylic based per arch

2482 Removable partial denture-Metal based-upto 3 teeth

2483 Removable partial denture-Metal based-more than 3 teeth

2484 Removable partial denture-Acrylic based-upto 3 teeth

2485 Removable partial denture-Acrylic based-more than 3 teeth

2486 Amalgum restoration-per tooth

2487 Composite Restoration-per tooth-anterior tooth

2488 Glas Ionomer-per tooth

2489 Scaling & polishing

2490 Removable Orthodontics appliance- per Arch

2491 Fixed Orhtodontics-per Arch

2492 Space maintainers-Fixed

2493 Habit breaking appliances-removable

2494 Habit breaking appliances-Fixed

2495 Expansion plate

2496 Feeding appliance for cleft palate

2497 Surgical Placement Of Eye Prosthesis With Implants

2498 Surgical Placement Of Nose Prosthesis With Implants

2499 Surgical Placement Of Zygomatic Implants Under G.A

2500 Functional orthodentic appliances

2501 Obturator (Maxillo-facial)

2502 Occlusal night guard(splint)

2503 Surgical Management of Naso Ethmoidal Floor Fracture – G.A

2504 Surgical Closure Oro-Nasal Fistula

2505 Sinus Lift Procedure Without Grafting (22.39)

2506 Sinus Lift Procedure With Grafting (22.39/76.91)

2507 Application Of Pit & Fissure Sealants (Pedo)

2508 Temporary Filling Per Tooth

2509 Tooth Coloured Restoration Per Tooth

2510 Fabrication & Cementation Of Inlay & Onlay-Ceramic

2511 Fabrication & Cementation Of Inlay & Onlay-Metal

2512 Flouride Gel Application (Pedo)

2513 Treatment Under Conscious Sedation

2514 Vital Bleaching Procedure For 8 Upper Teeth

2515 Preparation & Cementation Of Anterior All Ceramic Laminates

2516 Atraumatic Restorative Treatment

2517 Pulpotomy & Pulpectomy With Ssc

2518 Management Of Avulsed Tooth

2519 Surgical Placement Of Dental Implants Under L.A

2520 Treatment with Micro Implants (Each)

2521 Root Canal Treatment – Deciduous Tooth

2522 Root Canal Treatment With Hemisection Of Root

2523 Root Resection

2524 Extraction Of Deep Bony Impacted Tooth Under G.A.

2525 Preparation And Cementation Of Acrylic Crown

2526 Preparation & Cementatation Of Anterior All Ceramic Crown

2527 Placement Of Stainless Steel Crown (Per Tooth)

2528 Fibre Post & Core Restoration With Anterior All Ceramic Crown (23.4)

2529 Fibre Post & Core Restoration With Metal Ceramic Crown (23.4)

2530 Metal Post & Core Restoration With Metal Ceramic Crown (23.4)

2531 Fabrication & Insertion Of Removable Appliance (Upper / Lower )

2532 Fabrication & Insertion Of Removable Functional Appliance

2533 Fabrication & Insertion Of Removable Partial Denture- Single Tooth

2534 Fabrication & Insertion Of Removable Retainers-Each Arch

2535 Fabrication & Insertion Of Removable Space Maintainers (Pedo)

2536 Treatment With Inclined Plane

2537 Operculectomy

2538 Sub Gingival Curretage Per Quadrant

2539 Crown Lengthening Procedure (24.6)

2540 Root Coverage Procedure (Per Tooth)

2541 Osseous Surgery

2542 Flap Surgery With Bone Grafting (Per Quadrant)

2543 Free Gingival Graft-Gum Surgery

2544 Gingival De Pigmentation Procedure

2545 Local Drug Delivery -Periodontal Treatments

2546 Resection And Reconstruction (Tumor) (76.46)

2547 Excision Of Growth Under L.A.

2548 Surgical Managemant Of Cyst(> 2.5 cm) Under G.A.

2549 Excision Of Growth Under G.A.

2550 Excision Of Precancerous Lesions Under L.A

2551 Excision Of Precancerous Lesions Under G.A

2552 Excision Of Precancerous Lesions With Grafting (76.91)

2553 Surgical Excision With Grafting (76.91)

2554 Enucleation Of Cyst/ Tumor

2555 Rapid Maxillary Expansion With Hyrax Screwifr Palatal Expanders

2556 Treatment With Temporary Anchorage Devices

Critical care

2557 Medical Management of Acute Bronchitis with Pneumonia and Respiratory Failure

2558 Medical Management of COPD with Respiratory Failure (Infective Exacerbation)

2559 Medical Management of Acute Severe Asthma With Acute Respiratory Failure

2560 Medical Management of ARDS

2561 Medical Management of ARDS with DIC (Blood & Blood Products) (D65)

2562 Intensive care management of Septic Shock

2563 Medical Management of Poisioning Requiring Ventilatory Assistance

2564 Medical Management of ARDS with Multi Organ failure (R65.1)

General Medicine

2565 Medical Management of Tb Meningitis

2566 Medical Management of Cerebral Malaria

2567 Medical Management of Chelation Therapy For Thalassemia Major

2568 Medical Management of Thrombocytopenia With Bleeding Diathesis

2569 Medical Management of Other Coagulation Disorders

2570 Medical Management of Metabolic Coma Requiring Ventilatory Support

2571 Medical Management of Snake Bite Requiring Ventilator Support

2572 Medical Management of Scorpion Sting Requiring Ventilator Support

2573 Medical Management of Hemophilia (D67/D68.0)

2574 Respiratory tuberculosis, bacteriologically and histologically confirmed

2575 Acute hepatitis A

2576 Acute hepatitis B

2577 Other acute viral hepatitis

2578 Chronic viral hepatitis

2579 Unspecified viral hepatitis

2580 Diarrhoea and gastroenteritis of presumed infectious origin

2581 Viral and other specified intestinal infections

2582 Other bacterial intestinal infections

2583 Other bacterial foodborne intoxications, not elsewhere classified

2584 Dengue fever [classical dengue

2585 Dengue haemorrhagic fever

2586 Plasmodium falciparum malaria

2587 Plasmodium vivax malaria

2588 Plasmodium malariae malaria

2589 Other parasitologically confirmed malaria

2590 Unspecified malaria

2591 Typhoid and paratyphoid fevers

2592 Essential (primary) hypertension

2593 Viral pneumonia, not elsewhere classified

2594 Pneumonia due to Streptococcus pneumoniae

2595 Pneumonia due to Haemophilus influenzae

2596 Bacterial pneumonia, not elsewhere classified

2597 Pneumonia due to other infectious organisms, not elsewhere classified

2598 Pneumonia in diseases classified elsewhere

2599 Pneumonia, organism unspecified

2600 Gestational [pregnancy-induced] hypertension without significant proteinuria

2601 Gestational [pregnancy-induced] hypertension with significant proteinuria

2602 Subarachnoid haemorrhage

2603 Other nontraumatic intracranial haemorrhage

2604 Stroke, not specified as haemorrhage or infarction

2605 Bronchitis, not specified as acute or chronic

2606 Simple and mucopurulent chronic bronchitis

2607 Unspecified chronic bronchitis

2608 Emphysema

2609 Acute tubulo-interstitial nephritis

2610 Neonatal jaundice due to other excessive haemolysis

2611 Neonatal jaundice from other and unspecified causes

2612 Acute and subacute endocarditis

2613 Viral meningitis

2614 Amoebiasis

2615 Medical Management of Myelodysplastic Syndromes

2616 Medical Management of Pancytopenia

2617 Medical Management of Anaemias (Less Than 7 Gms)/ Heart Failure

2618 Medical Management of Periodic Paralysis

2619 Medical Management of Metabolic Encephalopathy

2620 Medical Management of Acute Rheumatic Fever

2621 Medical Management of Hypertensive Emergencies

Infectious diseases

2622 Medical Management of Severe Tetanus

2623 Medical Management of Complicated Diphtheria

2624 Medical Management of Cryptococcal Meningitis

Paediatrics

2625 Medical Management of Enteric Fever Complicated in Paediatric patient

2626 Medical Management of Neuro Tuberculosis in Paediatric patient

2627 Medical Management of Neuro Tuberculosis With Ventilation in Paediatric patient

2628 Medical Management of Haemophillia Including Von Willibrands disease in Paediatric patients

2629 Medical Management of Diabetic Ketoacidosis in Paediatric patient

2630 Medical Management of Meningo- Encephalitis in Paediatric patients (Ventilated)

2631 Medical Management of Encephalitis / Encephalopathy in Paediatric patient

2632 Medical Management of Convulsive Disorders/Status Epilepticus (Fits)in Paediatric patient

2633 Medical Management of Stroke Syndrome in Paediatric patient

2634 Medical Management of Severe Myocarditis in Paediatric patient

2635 Medical Management of Viral Myocarditis in Paediatric patient

2636 Medical Management of Intra Cranial Bleed in Paediatric patient

2637 Medical Management of Acute Broncho Lobar pneumonia With Empyema/ Pleural Effusion in

Paediatric patients(J18.1/J43/J90)

2638 Medical Management of Acute Broncho Lobar pneumonia With Pyo Pneumothorax in Paediatric

patient(J18.1/J86/J93)

2639 Medical Management of ARDS with DIC (Blood & Blood Products) (D65)- paediatrics

2640 Medical Management of Acute Hepatitis With Hepatic Encephalopathy in Paediatric patient

2641 Medical management of Acute Pancreatitis (Mild)- paediatric patients

2642 Medical Management of Acute Gastro Intestinal Bleed in Paediatric patients

2643 Medical Management of Steroid Resistant Nephrotic Syndrome Complicated Or Resistant in Paediatric

patients

2644 Medical Management of Acute Renal Failure in Paediatric patient

2645 Medical Management of Acute Renal Failure With Dialysis in Paediatric patients

2646 Medical Management of Urinary Tract Infection With Complications Like Pyelonephritis And Renal

Failure in Paediatric patient(N13.617.9)

2647 Medical management of term Baby With Septicemia Culture Positive,Hyperbili rubinemia Not

requiring Ventilatory support.

2648 Medical management of pre-term Baby of 30 To 32 Weeks Septi cemia Ductus Arteriosus -requiring

Mechanical Ventilation.

2649 Medical Management of Term Baby With Persistent Pulmonary Hypertension Ventilation-Hfo

Hyperbilirubinem ia Clinically evident septicemia.

2650 Medical Management of Term Baby With Severe Perinatal Asphyxia Clinically evident septicemia,

Hyperbilirubinem ia – Not requiring Ventilatory support.

2651 Medical Management of Term Baby With Severe Perinatal Asphyxia Clinically evident septicemia,

Hyperbilirubinem ia – requiring Ventilatory support.

2652 Medical Management of Term Baby Severe Hyperbilirubinem ia Clinically evident Septicemia.

2653 Medical management of Seizures in term baby requiring ventilatory support.

2654 Medical Management of Necrotising Enterocolitis, Clinically evident Septicemia, Hyperbilirubinem ia

not requiring ventilatory support.

2655 Medical Management of Term Baby, Fulminant septicemia Culture Positive with Septic Shock,

Hyperbilirubinem ia Renal Failure requiring ventilatory support.

2656 Medical Management of Preterm Baby 33 To 34 Weeks with Severe Hyaline Membrane Disease

Clinically evident septicemia Hyperbilirubinemia requiring Bubble Cpap.

2657 Medical Management of pre term baby of 33 To 34 Weeks with Preterm Baby Severe Hyaline

Membrane Disease Clinically evident septicemia Hyperbilirubinemia requiring ventilatory support.

2658 Medicalmanagement of Preterm baby of 35 To 36 Weeks with Mild Hyaline Membrane Disease

septicemia Culture Positive Hyperbilirubinem ia not requiring ventilatory support.

2659 Medicalmanagement of Preterm baby of 33 To 34 Weeks with Mild Hyaline Membrane Disease

septicemia Culture Positive Hyperbilirubinem ia not requiring ventilatory support.

2660 Medical management of Preterm baby of 33 To 34 Weeks with severe Hyaline Membrane Disease

septicemia Culture Positive Hyperbilirubinem requiring ventilatory support/ bubble Cpap.

2661 Medical management of Preterm baby of 30 To 32 Weeks with severe Hyaline Membrane Disease

septicemia Culture Positive Hyperbilirubinem ia requiring Mechanical ventilatory support.

2662

Medical management of Preterm baby of 33 To 34 Weeks with severe Hyaline Membrane Disease

septicemia Culture Positive Hyperbilirubinem ia Patent Ductus Arteriosus- requiring Mechanical

ventilatory support.

2663 Medical management of Severe Bronchiolitis

(Non Ventilated)

2664 Medical Management of Severe Bronchopneumon ia

(Non Ventilated)

2665 Medical Management of Severe Aspiration Pneumonia (Non Ventilated)

2666 Medical Management of Severe Bronchiolitis

(Ventilated)

2667 Medical Management of Severe Bronchopneumon ia

(Ventilated)

2668 Medical Management of Acute Severe Asthma (Ventilated)

2669 Medical Management of Severe Aspiration Pneumonia ( Ventilated)

2670 Medical Management of Congenital Heart Disease With Congestive Cardiac Failure in Paediatric

patients

2671 Medical Management of Congenital Heart Disease With Infection (Non Ventilated) in Paediatric

patient

2672 Medical Management of Congenital Heart Disease With Infection And Cardiogenic Shock (Ventilated)

in Paediatric patients

2673 Medical Management of Febrile Seizures (Atypical- Mechanical Ventilated) in Paediatric patients

2674 Medical Management of Cardiogenic Shock in Paediatric patients

2675 Medical Management of Scorpion Sting With Myocarditis And Cardiogenic Shock Requiring

Ventilatory Assistance in Paediatric patients

2676 Medical Management of Poison Ingestion/ Aspiration Requiring Ventilatory Assistance in Paediatric

patients

2677

Medical management of Preterm baby of

<30 Weeks with severe Hyaline Membrane Disease septicemia Culture Positive

Hyperbilirubinem ia requiring Mechanical ventilatory support.

2678 Medical management of pre-term Baby of <30 Weeks Severe Hyaline Membrane Disease Septi cemia

Culture Positive,Hyperbili rubinemia Patent Ductus Arteriosus -requiring Mechanical Ventilation.

2679 Medical Management of Guillian-Barre Syndrome-paediatric

2680 Medical Management of Ards With Multi- Organ Failure paediatric

2681 Medical Management of Ards Plus Dic (Blood & Blood Products) paediatric

2682 Medical Management of Infective Endocarditis- paediatric

2683 Medical Management of Meningo- Encephalitis (Non Ventilated)

2684 Medical Management of Status Epilepticus

2685 Medical Management of Acute Renal Failure

2686 MEDICAL MANAGEMENT SEPTIC SHOCK- paediatric

2687 Medical Management of Snake Bite Requiring Ventilatory Assistance- paediatric

2688 Medical Management of Acquired Heart Disease With Congestive Cardiac Failure

2689 Medical Management of Anemia Of Unknown Cause

2690 Medical Management of Pyogenic Meningitis- paediatric

2691 Medical Management of Thalassemia Major Requiring Chelation Therapy- Paediatric

2692 Medical Management of Cerebral Malaria (Falciparum)- paediatric

2693

Basic Package for Neo Natal Care (Package for Babies admitted for short term care for conditions

like: Transient tachypnoea of newborn, Mild birth asphyxia, Jaundice requiring phototherapy,

Hemorrhagic disease of newborn, Large for date babies (>4000 gm) for observational care)

2694

Specialised Package for Neo Natal Care (Package for Babies admitted with mild-moderate respiratory

distress, Infections/sepsis with no major complications, Prolonged/persistent jaundice, Assisted feeding

for low birth weight babies (<1800 gms), Neonatal seizures)

2695

Advanced Package for Neo Natal Care (Low birth weight babies <1500 gm and all babies admitted

with complications like Meningitis, Severe respiratory distress, Shock, Coma, Convulsions or

Encephalopathy, Jaundice requiring exchange transfusion, NEC)

2696 Medical Management of Acute gastritis in Paediatric patient

2697 Medical Management of Pulmonary koch’s with complications in Paediatric patient

2698 Medical Management of Tetanus in Paediatric patient

2699 Medical Management of Diphtheria in Paediatric patient

2700 Medical Management of Viral haemmaragic fever with complicatons in Paediatric patient

2701 Medical Management of Viral hepatitis in Paediatric patient

2702 Medical Management of Auto immune hemolytic anemia in Paediatric patient

2703 Medical Management of Henoch – schonlein purpura in Paediatric patient

2704 Medical Management of Idiopathic thrombocytopenic purpura in Paediatric patient

2705 Medical Management of Rickets in Paediatric patient

2706 Medical Management of Muscular dystrophy in Paediatric patient

2707 Medical Management of Acute flaccid paralysis in Paediatric patient

2708 Medical Management of Rheumatic heart disease in Paediatric patient

2709 Medical Management of Croup in Paediatric patient

2710 Medical Management of Acute pharyngo tonsillitis in Paediatric patient

2711 Medical Management of Portal hypertension in Paediatric patient

2712 Medical Management of Rheumatoid Arthritis Requiring Hospitalisation

2713 Medical Management of Acute glomerulonephritis in Paediatric patient

2714 Medical Management of Nephrotic syndrome-non steriod resistant in Paediatric patient

2715 Medical Management of Renal Tubular Acidosis

2716 Medical Management of UTI (Urinary Tract Infection)

2717 Newborn (suspected to be) affected by maternal renal and urinary tract diseasesNewborn (suspected to

  1. be) affected by maternal conditions classifiable to N00-N39

2718 Medical Management of Cyanotic heart disease in Paediatric patient

Cardiology

2719 Management Of Acute MI With Angiogram

2720 Medical Management of Acute MI With Cardiogenic Shock

2721 Medical Management of Acute MI Requiring IABP Pump

2722 Medical Management of Pulmonary Embolism

2723 Medical Management of Pericardial Effusion, Tamponade with¿Aspiration

2724 Medical Management of Infective Endocarditis

2725 Medical Management of Complex Arrhythmias

2726 Ablation Therapy for Simple Arrythmias

2727 Medical Management of Refractory Cardiac Failure

2728 Medical Management of Acute Mi (Conservative Management Without Angiogram)

2729 Medical Management of Accelerated Systemic Hypertension

2730 Medical Management of CAD – Chronic Stable Angina

2731 Medical Management of Acute MI-AHF-Not Requiring Ventilator

2732 Medical Management of CAD-Acute MI With Pulmonary Edema – Requiring Ventilator

2733 Medical Management of Pericardial Effusion, Tamponade without Aspiration

2734 Medical Management Of Simple Arrhythmias

2735 CHF-Acute Decompensation-Medical Management Without Ventilator

2736 CHF-Acute Decompensation-Medical Management With Ventilator

2737 Medical Management of Chronic Heart Failure

2738 Medical Management Of Aortic Dissection

2739 Medical Management of Deep Vein Thrombosis

2740 Medical Management Of Vascular Embolisation

2741 Medical Management Of Aortoarteritis

2742 Medical Management Cardiogenic Shock (Non AMI) With Out Angiogram

2743 Medical Management Cardiogenic Shock (Non AMI) With Angiogram

Nephrology

2744 Medical Management of Nephrotic Syndrome

2745 Medical Management of Rapidly Progressive Renal Failure

2746 Medical Management of AKI Without Dialysis

2747 Medical Management of Chronic Renal Failure 1 (Crf )

2748 Maintenance Hemodialysis For Crf

2749 Medical Management of Post Transplant Sepsis

2750 CAPD Peritonitis

2751 Medical Management of Acute Glomerulo Nephritis

Neurology

2752 Medical Management of Neuroinfections -Pyogenic Meningitis(Bacterial)

2753 Medical Management of Neuroinfections -Fungal Meningitis

2754 Medical Management of ADEM

2755 Medical Management of Neuroinfections -Viral Meningoencephalitis (Including Herpes Encephalitis)

2756 Medical Management of Guillian-Barre Syndrome

2757 Medical Management of Chronic Inflammatory Demyelinating Polyneuropathy(CIDP)

2758 Medical Management of Neuromuscular disorders (Myasthenia Gravis)

2759 Medical Management of Acquired Myopathies

2760 Medical Management of Optic Neuritis

2761 Medical Management of Hemorrhagic Stroke/Strokes(I61/I62/I63/I64)

2762 Medical Management of Ischemic Strokes

2763 Management with Immunoglobulin Therapy – Iv

2764 Medical Management of Epilepsy – Idiopathic Neurocysticercosis Tuberculoma

2765 Medical Management of Wilson’S Disease

2766 Medical Management of Dementia

2767 Medical Management of Parkinsonism

2768 Medical Management of Migraine

2769 Medical Management of Myopathies – Heriditary

Pulmonology

2770 Medical Management of Bronchiectasis with Repeated Hospitalisation>6per Year

2771 Medical Management of Pneumoconiosis

2772 Medical Management of Interstitial Lung Diseases

2773 Medical Management of Lung Abscess ,Non Resolving

2774 Medical Management of Pneumothorax (Large/Recurrent)

2775 Medical Management of Acute Respiratory Failure (Without Ventilator)

2776 Medical Management of Acute Respiratory Failure (With Ventilator)

2777 Medical Management of Cold Abscess Chest Wall

2778 Medical Management of Aspergilloma

2779 Medical Management of A.B.P.A (Alergic Broncho Pulmonary Aspergillosis)

2780 Medical Management of Sarcoidosis

2781 Medical Management of Cystic Fibrosis

2782 Medical Management of Pulmonary Vasculitis

2783 Medical Management of Pneumonias

Dermatology

2784 Medical management of Pemphigus

2785 Medical management of Stevens- Johnson Syndrome

2786 Medical management of Toxic Epidermal Necrolysis

2787 Medical Management of Leprosy Reactions & Deformities (Type I & Type Ii)

2788 Medical Management of Chlamydial Tests

2789 Medical Management of Herpes Zoster Post Herpetic Neuralgia

2790 Medical Management of Electro/Cryocautery For Warts

2791 Medical Management of Cutaneous Malignancies -Malignant Melanoma

2792 Medical Management of Cutaneous Malignancies (Sq. Cell Ca ,Bcc, Lymphomas )

2793 Medical Management of Bullous Disorders (Pemphigoid/Pemphigois)

2794 Medical Management of Acute Contact Allergic Dermatitis

2795 Medical Management of Pustular Psoriasis

2796 Medical Management of Adverse Drug Reactions

2797 Medical Management of Acute Urticaria

2798 Medical Management of Erythema Multiforme

2799 Medical Management of Erythroderma

2800 Medical Management of Vitiligo Medical (OP Management)

2801 Medical Management of Cutaneous Vasculitis

2802 Medical Management of Dermatomyositis

2803 Medical Management of Connective Tissue Disorders – Systemic Sclerosis

2804 Medical Management of Connective Tissue Disorders – Dermatomyositis / Polymyositis

Rheumatology

2805 Medical management of Scleroderma

2806 Medical management of SLE (Systemic Lupus Erythematosis)

2807 Medical management of Primary Sjogren’S Syndrome

2808 Medical management of Sle (Systemic Lupus Erythematosis) with sepsis

2809 Medical management of Mctd Mixed Connective Tissue Disorder

2810 Medical management of Vasculitis

2811 Medical Management of Anti Phospho Lipid Antibody Syndrome With Ischemia

2812 Medical Management of Severe Psoriatic Arthritis

2813 Medical Management of Juvenile Idiorpathic Arthritis

2814 Medical Management of Juvenile Idiorpathic Arthritis with systemic onset

2815 Medical Management of Gout

2816 Medical Management of Infection Related Arthrites

2817 Medical Management of Undifferentiated Inflammatory Arthritis

2818 Medical Management of Undifferentiated Connective Tissue Disorder

2819 Medical Management of Severe Spondylo Arthropathies

2820 Medical Management of Inflamatory Myositis

2821 Medical Management of Severe Myositis Requiring IVIG

2822 Medical Management of Osteoporosis With Recent Painful Yertebral Fracture

2823 Medical Management of Osteomalacia

Endocrinology

2824 Medical management of Rhinocerebral Mucormycosis

2825 Medical Management of Grave’S Disease

2826 Medical management of Pyelonephritis in uncontrolled Diabetes melitus

2827 Medical management of Cavernous Sinus Thrombosis in uncontrolled Diabetes melitus

2828 Insulin-dependent diabetes mellitus

2829 Non-insulin-dependent diabetes mellitus

2830 Malnutrition-related diabetes mellitus

2831 Hormonal therapy for Pituitary – Acromegaly

2832 Initial evaluation and management of Hypopituitarism without growth harmone

2833 Hypopiturasim Initial Evaluation And Management With Growth Hormone

2834 Hypopiturasim Maintanance Phase Monthly Package For Growth Hormone

2835 Medical Management of Cushings Syndrome

2836 Medical Management of Precocious Puberty

2837 Medical management of Lower Respiratoy Tract Infection

2838 Medical management of Fungal Sinusitis

2839 Medical management of Cholecystitis

2840 Medical Management of Osteoporosis

2841 Hormonal therapy for Delayed Puberty Hypogonadism-Turners Syndrome

2842 Hormonal therapy for Delayed Puberty Hypogonadism-Turners Syndrome/Kleinfelter

Syndrome(Q98.4)

Gastroentrology

2843 Medical Management of Oesophageal Varices with Sclerotherapy

2844 Medical Management of Oesophageal Varices using Variceal Banding

2845 Medical management of Gastric Varices

2846 Medical management of Oesophageal Fistula

2847 Medical Management of Infective Proctitis entero Colitis

2848 Medical Management of Abdominal Tuberculosis

2849 Medical Management – SEMS (Stent) For Paliation Of Advanced Biliary Malignancy

2850 Medical Management- SEMS (Stent) For Paliation Of Advanced Pancreatic Malignancy

2851 Medical Management – SEMS (Stent) For Paliation Of Advanced GI Malignancy

2852 Medical Management of Budd-Chiari Syndrome

2853 Medical Management of Haemorrhoids

2854 Medical Management of COPD Acute Exacerbation

2855 Medical Management of Chronic Persistent Asthama

2856 Medical Management of Bronchial Asthma (Acute and Chronic Severe)

2857 Medical Management of Inhalational Lung Injuries

2858 Medical Management of Empyema

2859 Medical Management of Pleural Effusion

2860 Medical Management of Infective Oesophagitis (Candida Viralbacterial)

2861 Medical Management ofGastro Esophageal Reflux Disease

2862 Medical management of Achalasia Cardia

2863 Medical management of Corrosive Oesophageal Injury

2864 Medical management of Corrosive Oesophageal Injury

2865 Conservative management of Oesophageal Foreign Body

2866 Conservative management of Oesophageal Perforation

2867 Medical Management of Oesophageal Perforation, Conservative Management With Stent

2868 Medical Management of Mallory Weiss Tear

2869 Medical Management of Duodenal Ulcer

2870 Medical Management of Gastric Ulcer

2871 Medical Management of Erosive Gastritis

2872 Medical Management of Gastric Outlet Obstruction

2873 Medical Management of Gastric Polyp

2874 Medical management of GAVE(Gastric Antral Vascular Ectasia)

2875 Medical Management of Crohn’S Disease

2876 Medical Management of Ulcerative Colitis

2877 Medical Management of Ischaemic Bowel Disease

2878 Medical Management of Fissure

2879 Medical Management of Rectal Polyp ¿ Medical Management

2880 Medical Management of Colorectal Polyps

2881 Medical Management of Solitary Rectal Ulcer Syndrome

2882 Medical Management of Radiation Proctitis

2883 Conservative management of Cirrhosis with Hepatic Encephalopathy

2884 Medical Management of Acute Liver Failure

2885 Medical Management of Cirrhosis Decompensated Including SBP, Portal HTN, Bleed

2886 Medical Management of Compensated Cirrhosis

2887 Medical Management of Liver Abscess (Amoebic, Pyogenic & Misc. Infections)

2888 Medical management of Cirrhosis with Hepato Renal Syndrome

2889 Medical Management of Gall Stone Diseases(Biliary Colic, cholangitis, cholecystitis)

2890 Medical management of Sclerosing Cholangitis

2891 Medical Management of Billiary Stricture

2892 Medical management of Acute Pancreatitis (Mild)

2893 Medical management of Acute Pancreatitis (Severe)

2894 Conservative management of Chronic Pancreatitis with Severe Pain

2895 Conservative management of Acute Pancreatitis With Pseudocyst (Infected)

2896 Medical Management of Chronic Pancreatitis With Pseudocyst Infected

2897 Medical Management of Malabsorption Syndrome

2898 Medical Management of Chronic Pancreatitics With Maldigestion

2899 Medical management of Post op stent

2900 Medical management of Post op leaks

2901 Medical Management of Upper GI Bleed

2902 Medical Management of Lower GI Bleed

2903 Conservative management of Obscure GI Bleed

2904 Medical Management of Haemoptysis For Evaluation

2905 Medical Management of Ascities Of Any Etiology (Tubercolor, Melignant, Pancreatic, Biliary)

Psychiatry

2906 Medical Management of Schizophrenia

2907 Medical Management of Acute Psychotic Episode

2908 Medical Management of Bipolar Affective Disorder (A. Type-1)

PMR

External/ Non-invasive Interventions

2909 CPR, ABLS,

2910 Nebulization,

2911 Manipulation, Ponsetti technique,

2912 Massage

2913 Postural drainage,

2914 Manual lymphatic drainage,

2915 Skin Traction

2916 Dressing

2917 Bandaging

2918 Transfer activities

2919 Self-help basic ADLs

2920 Gait training

2921 Crutch gait training

2922 Wheelchair activities/ manoeuvres

2923 POP casting

2924 Therapeutic exercises

2925 NDT, PNF

2926 Counseling

2927 Behaviour therapy

2928 Aquatic therapy

2929 Electrical stimulation, FES

2930 Strapping

2931 Splinting

2932 Orthoses

2933 Immediate Post Op Prosthesis

2934 Physical Agents and Electrotherapy like Cold, Heat, Diathermy, Ultrasound, LASER, Traction etc.

  1. Invasive Interventions

2935 B1. Skull traction

B2. Injections:

2936 Peri-articular injection

2937 Tendon-sheath injection

2938 Intra-articular injections including visco-supplementation

2939 Joint aspiration/ injection

2940 Bursa aspiration/ injection

2941 Ganglion decompression

2942 Trigger point injection

2943 Spinal injections like Epidural injection

2944 Botulinum toxin injection

2945 Platelet rich plasma injections

2946 Prolotherapy

2947 Ultrasound/ image guided injections

2948 Penile injections

2949 Facet joint injection

2950 SI joint injection

2951 TM joint injection

2952 Nascent Nitrogen, Ozone or CO2 intra-particular/ intra-discal instillation

B3. Blocks

2953 Nerve Blocks e.g.Phenol, Lignocaine

2954 Motor point blocks

2955 Regional nerve blocks

2956 Stellate ganglion block

2957 Coeliac plexus nerve block

2958 Neuraxial blocks

B4. Instillations:

2959 Intravesical instillation of anti-cholinergics

  1. Surgical Interventions:

2960 Debridement of pressure sores

2961 Release of compressive neuropathies,

2961 Tenotomy subcutaneous, open

2961 Soft tissue release

2961 Tendon lengthening

2961 Tendon transfers

2961 Release of pulleys in hand

2961 Joint stabilization/ Arthrodesis

2961 Excision arthroplasty

2961 Insertion of wires, K wire, pins and rods

2961 External fixator – Ilizarov, JESS

2961 Osteotomies e.g. for Genu valgum / varum, hip etc.

2961 Amputation/ Revision amputation

2961 Anaesthetic foot surgeries e.g. TA lengthening, ulcer management

2961 CTEV -STR, bony correction

2961 Synovectomy, capsuloplasty, repositioning/ repair of tendons etc. In rheumatoid hand

2961 Excision of ganglion

2961 Skin grafting

2961 Skin flaps rotation

2961 Contracture release like at hip, knee, elbow, neck (sternomastoid tumor), hand

2961 Congenital anomalies correction

2961 Urethral Dilatation

2961 Urethral Repair

2961 Sphincteromy

2961 Sphincter Stent Prosthesis

2961 Baloon Dilation

2961 Penoscrotal Fistula repair.

2961 Sacral Anterior Root Stimulation

2961 Spinal Cord Stimulation

  1. Scopies

2962 Arthroscopy- diagnostic and therapeutic

2963 Cystoscopy in neurogenic bladder

2964 Proctoscopy

  1. Advanced Interventions

2965 Intra-thecal pump

2966 Neuro-prosthetic implants

2967 Osseointegration

2968 Stem cells therapy

  1. Miscellaneous:

2969 Endotracheal suction

2970 Endo-Tracheal Intubation

2971 Nasogastric tube

2972 Flatus tube

2973 Catheterization

2974 Digital evacuation

2975 Stoma care

2976 Central venous line

2977 Insertion of intercostals drainage tube

2978 Venti mask/ nasal prong

2979 Arterial blood sample

2980 Monitoring of vital signs

2981 Venesection

2982 Incision and drainage

2983 Pulse oxymetry

2984 Tourniquet application

2985 Brain death identification

2986 Tracheostomy Tube Change, Downsizing and removal

2987 Rehabilitation Therapy session (45 Minutes)

Diagnostic Interventions

2988 EMG, NCV and other electrodignostic tests

2989 Musculoskeletal Ultrasound

2990 Urodynamic Evaluations

2991 Instrumental Gait Analysis

2992 Foot pressure analysis

2993 Dynamic posturography

2994 Trans cutaneous oxymetry

2995 Autonomic Function Tests

2996 Cutaneous Thermography

2997 Spondylometry

2998 Body composition analysis

2999 Instrumental ADL assessment

3000 Dynamometry

3001 Goniometry

3002 Doppler test

3003 Exercise Testing

3004 Pulmonary Function Testing

3005 Isokinetic Exercise Testing

3006 Driving and work simulation

3007 Body weight supported treadmill testing/ training

3008 Robotics- testing/ training

3009 Audiometry

3010 Biofeedback

3011 Video fluoroscopic evaluation of swallowing

3012 Modified barium swallow

3013 Cine esophagogram

3014 Palato pharangeal analysis (image guided swallow analysis)

3015 Fiber optic endoscopy examination of swallow

3016 Instrumental Swallowing assesment

3017 Ultrasound Evaluation of Swallowing

3018 Intraluminal pharyngeal manometry

3019 Electro-magnetic articulography

3020 Esophageal manometry

3021 Hyperbaric oxygen therapy

3022 Vaccum Assisted Closure (VAC)

3023 Robotic Interactive Therapy

3024 Virtual Reality

3025 Ambient Intelligence

3026 Transcranial Magnetic Stimulation

3027 Optokinetic Stimulation

3028 Treadmill Test

3029 Metabolic analysis during exercise/otherwise

Clinical Procedures

3030 Clinical Evaluation of Patients in P.M.R. and Documentation

3031 History Taking in PMR

3032 Prosthetic & orthotic fitting & check out.

3033 Thermoplastic splinting

3034 Disability assessment

3035 Functional Capacity Evaluation and driving fitness etc

The Clinical Establishments (Central Government) Rules, 2012

Stethoscope

Published vide Notification New Delhi, the 23rd May, 2012

Ministry of Health and Family Welfare

(Department of Health and Family Welfare)

G.S.R. 387(E). – In exercise of the powers conferred by section 52 of the Clinical Establishments (Registration and Regulation) Act, 2010 (23 of 2010), the Central Government hereby makes the following rules namely:-

1. Short title and commencement. – (1) These rules may be called the Clinical Establishments (Central Government) Rules, 2012.(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions. – In these rules, unless the context otherwise requires.-

(a) “Act” means the Clinical Establishments (Registration and Regulation) Act, 2010;

(b) “Secretary” means the Secretary of the National Council for clinical establishments,

(c) Words and expressions used and not defined in these rules, but defined in the Act, shall have the same meanings respectively assigned to them in the Act.

3. Appointment of Secretary of the National Council by the Central Government. – (1) The officer of the rank of Joint Secretary dealing with the subject of Clinical Establishments in the Ministry of Health and Family Welfare, Government of India shall be the ex-officio Secretary of the National Council for clinical establishments established under sub-section (1) of section 3 of the Act.(2) The Secretary of the National Council shall be responsible for the control and management of the secretariat of the National Council and supervision of the other staff of the National Council Secretariat and perform such other duties as may be required of him by the National Council for the purposes of the Act.(3) He shall attend the meetings of the National Council for clinical establishments.(4) The duties and responsibilities of the staff of the National Council shall be such as may be laid down from time to time by the Secretary of the National Council.

4. National Council and its sub-committees. – (1) The National Council shall classify and categorise the clinical establishments of recognised systems of medicine and submit the same to the Central Government for its approval.(2) For the appointment of each sub-committee the National Council shall define the functions of the sub-committee, number and nature of members to be appointed thereon and timeline for completion of tasks. At the time of formation of each sub-committee, effort should be made to ensure that there is adequate representation from across the country in each committee from experts in the relevant fields across the private sector, public sector and its organizations, non-governmental sector, professional bodies, academia or research institutions amongst others.(3) The Chairperson of every such sub-committee Shall be appointed by the National Council at the time of the appointment of the sub-committee.(4) The proceedings of the meetings of the sub-committees shall be preserved in the form of minutes.(5) Any recommendations made by the sub-committees shall be placed before the National Council for its consideration and further necessary action.(6) The National Council of clinical establishments may request the State Councils or Union territory Councils to provide inputs for its consideration on particular matters. If required, the State Councils Union territory Council shall at the request of the National Councils the Central Government, as the case may be, constitute sub-committee conSisting of members of the State and Union territory Council and field experts fOr such period not exceeding one year, for deliberations and making recommendations on a particular matter or issue.

5. Allowances for the members of the National Council and sub committees. – The official members of the National Council for clinical establishments shall draw their travel and daily allowances as per the Government of India rules from the same source from which their salary is drawn. The non-official members of the Council shall be paid travel allowance and daily allowances. in accordance with the Government of India rules as applicable, from time to time for the Group ‘A’ officers of Junior Administrative Grade.

6. State Council Union Territory Council representation in the National Council meeting. – The National Council may invite representative(s) from one or more State councils or Union territory councils to participate in its meetings, as may be considered appropriate and the expenses on account of participation by such representatives will be met by the National Council.

7. Common registration form for compilation of the State and National Register. – In order to ensure uniformity in collection of information by the State Governments or Union territory’s administration and data flow in connection with the compilation and maintenance of the State Registers and the National Register in digital format for the purpose of sections 38 and 39 of the Act, the National Council shall also develop the standard application form for registration of clinical establishments

8. District Registering Authority. – (1) Qualifications and the terms and conditions for appointment of the members of the authority. – The district registering authority established by way of notification by the State Government under clause (c) of sub-section (1) of section 10 of the Act shall consist of three other members who shall be nominated by the District Collector or District Magistrate and they shall include the City Police Commissioner or Senior Superintendent of Police or Superintendent of Police, or his nominee, as the case may be, a senior level officer of the Local Self Government at the district level, one representative from a professional medical association or body having presence preferably in the district or within the State, as the case may be, for a tenure of two years.

(2) Filling up of casual vacancy. – If a casual-vacancy occurs whether by reason of death, resignation or inability to discharge functions owing to illness or any other incapacity of a nominated member, such vacancy shall be filled by the District collector District Magistrate by making a fresh appointment and the member so appointed shall hold office only for the remaining tenure of the person in whose place he is so appointed.

(3) Powers of the District Health Officer or Chief Medical Officer for the purposes of provisional registration of clinical establishments. – The District Health Officer or the Chief Medical Officer (by whatever name called) shall exercise the following powers for the purposes of provisional registration of clinical establishments under sub-section (2) of section 10 of the Act, namely:-

(a) for the purposes of provisional registration of the clinical establishment, an application in the prescribed proforma as adopted by the State government with the requisite fee as the State Government may by rules determine;

(b) the application shall be filed in person or by post or online;

(c) the District Health Officer or Chief Medical Officer shall, within a period of ten days from the date of receipt of such application, grant to the applicant a certificate of provisional registration in such form, particulars and information, as the State Government may by rules determine;

(d) the District Health Officer or Chief Medical Officer shall not conduct any inquiry prior to the grant of provisional registration;

(e) notwithstanding the grant of the provisional certificate of registration, the District Health Officer or Chief Medical Officer shall, within a period of forty five days from the grant of provisional registration, cause to be published in such manner, as the State Government may by rules determine, all particulars of the clinical establishment so registered provisionally;

(f) where the clinical establishments in respect of which standards have been notified by the Central Government, provisional registration shall not be granted or renewed beyond.-

(i) the period of two years from the date of notification of the standards in case of clinical establishments which came into existence before the commencement of this Act;

(ii) the period of two years from the date of notification of the standards for clinical establishments which came into existence after the commencement of this Act but before the notification of the standards; and

(iii) the period of six months from the date of notification of standards for clinical establishments which come into existence after standards have been notified;

subject to the conditions as mentioned above, every provisional registration shall be valid till the last day of the twelfth month from the date of issue of the certificate of registration and such registration shall be renewable;

(g) the application for renewal of registration shall be made to the District Health Officer or Chief Medical Officer within thirty days before the expiry of the validity of the certificate of provisional registration and, in case the application for renewal is made after the expiry of the provisional registration, the authority shall allow renewal of registration on payment of such enhanced fees, as the State Government may by rules determine;.

(h) in case the certificate is lost, destroyed, mutilated or damaged, the authority shall issue a duplicate certificate on the request of the clinical establishment and on the payment of fees as the State Government may by rules determine.

9. Other conditions for registration and continuation of clinical establishments. – For registration and continuation, every clinical establishment shall fulfill the following conditions, namely :-

(i) every clinical Establishment shall display the rates charged for each type of service provided and facilities available, for the benefit of the patients at a conspicuous place in the local as well as in english language;

(ii) the clinical establishments shall charge the rates for each type of procedures and services within the range of rates determined and issued by the Central Government from time to time, in consultation with the State Governments;

(iii) the clinical establishments shall ensure compliance of the Standard Treatment Guidelines as may be determined and issued by the Central Government or the State Government as the case may be, from time to time;

(iv) the clinical establishments shall maintain and provide Electronic Medical Records or Electronic Health Records of every patient as may be determined and issued by the Central Government or the State Government as the case may be, from time to time;

(v) every clinical establishment shall maintain information and statistics in accordance with all other applicable laws for the time being in force and the rules made thereunder.

The Clinical Establishments (Registration And Regulation) Act, 2010

Medical

Clinical Establishment Rules [Central]

NO. 23 OF 2010

[18th August, 2010.]

An Act to provide for the registration and regulation of clinical establishments in the country and for matters connected therewith or incidental thereto.

WHEREAS, it is considered expedient to provide for the registration and regulation of clinical establishments with a view to prescribe minimum standards of facilities and services which may be provided by them so that mandate of article 47 of the Constitution for improvement in public health may be achieved;

AND WHEREAS, Parliament has no power to make laws for the States with respect to any of 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 Arunachal Pradesh, Himachal Pradesh, Mizoram and Sikkim to the effect that the matters aforesaid should be regulated in those States by Parliament by law;BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:—

CHAPTER I

Preliminary

1. Short title, application and commencement. – (1) This Act may be called the Clinical Establishments (Registration and Regulation) Act, 2010.(2) It applies, in the first instance, to the whole of the States of Arunachal Pradesh, Himachal Pradesh, Mizoram and Sikkim and the Union territories; and it shall 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 at once in the States of Arunachal Pradesh, Himachal Pradesh, Mizoram and Sikkim and 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; and any reference in this Act to the commencement of this Act shall, in relation to any State or Union territory, mean the date on which this Act comes into force in such State or Union territory: Provided that different dates may be appointed for different categories of clinical establishments and for different recognised systems of medicine.

2. Definitions. – In this Act, unless the context otherwise requires,—

(a) “authority” means the district registering authority set-up under section 10;

(b) “certificate” means certificate of registration issued under section 30;

(c) “clinical establishment” means—

(i) a hospital, maternity home, nursing home, dispensary, clinic, sanatorium or an institution by whatever name called that offers services, facilities requiring diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicine established and administered or maintained by any person or body of persons, whether incorporated or not; or

(ii) a place established as an independent entity or part of an establishment referred to in sub-clause (i), in connection with the diagnosis or treatment of diseases where pathological, bacteriological, genetic, radiological, chemical, biological investigations or other diagnostic or investigative services with the aid of laboratory or other medical equipment, are usually carried on, established and administered or maintained by any person or body of persons, whether incorporated or not, and shall include a clinical establishment owned, controlled or managed by—

(a) the Government or a department of the Government;

(b) a trust, whether public or private;

(c) a corporation (including a society) registered under a Central, Provincial or State Act, whether or not owned by the Government;

(d) a local authority; and

(e) a single doctor, but does not include the clinical establishments owned, controlled or managed by the Armed Forces. Explanation.—For the purpose of this clause “Armed Forces” means the forces constituted under the Army Act, 1950, the Air Force Act, 1950 and the Navy Act, 1957;

(d) “emergency medical condition” means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) of such a nature that the absence of immediate medical attention could reasonably be expected to result in—

(i) placing the health of the individual or, with respect to a pregnant women, the health of the woman or her unborn child, in serious jeopardy; or

(ii) serious impairment to bodily functions; or

(iii) serious dysfunction of any organ or part of a body;

(e) “National Council” means the National Council for clinical establishments established under section 3;

(f) “notification” means a notification published in the Official Gazette;

(g) “prescribed” means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government;

(h) “recognised system of medicine” means Allopathy, Yoga, Naturopathy, Ayurveda, Homoeopathy, Siddha and Unani System of medicines or any other system of medicine as may be recognised by the Central Government;

(i) “register” means the register maintained by the authority, State Government and the Central Government under sections 37, 38 and 39 respectively of this Act containing the number of clinical establishments registered;

(j) “registration” means to register under section 11 and the expression registration or registered shall be construed accordingly;

(k) “rules” means rules made under this Act;

(l) “Schedule” means the Schedule appended to this Act;

(m) “standards” means the conditions that the Central Government may prescribe under section 12, for the registration of clinical establishments;

(n) “State Government”, in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution; and

(o) “to stabilise (with its grammatical variations and cognate expressions)” means, with respect to an emergency medical condition specified in clause (d), to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a clinical establishment.

CHAPTER II

The National Council For Clinical Establishments

3. Establishment of National Council. – (1) With effect from such date as the Central Government may, by notification appoint in this behalf, there shall be established for the purposes of this Act, a Council to be called the National Council for clinical establishments.

(2) The National Council shall consist of—

(a) Director-General of Health Service, Ministry of Health and Family Welfare, ex officio, who shall be the Chairperson;

(b) four representatives out of which one each to be elected by the—

(i) Dental Council of India constituted under section 3 of the Dentists Act, 1948;

(ii) Medical Council of India constituted under section 3 of the Indian Medical Council Act, 1956;

(iii) Nursing Council of India constituted under section 3 of the Indian Nursing Council Act, 1947;

(iv) Pharmacy Council of India constituted under section 3 of the Pharmacy Act, 1948;

(c) three representatives to be elected by the Central Council of Indian Medicine representing the Ayurveda, Siddha and Unani systems of medicine constituted under section 3 of the Indian Medicine Central Council Act, 1970;

(d) one representative to be elected by the Central Council of Homoeopathy constituted under section 3 of the Homoeopathy Central Council Act, 1973;

(e) one representative to be elected by the Central Council of the Indian Medical Association;

(f) one representative of Bureau of the Indian Standards constituted under section 3 of the Bureau of Indian Standards Act, 1986;

(g) two representatives from the Zonal Council setup under section 15 of the States Reorganisation Act, 1956;

(h) two representatives from the North-Eastern Council set-up under section 3 of the North-Eastern Council Act, 1971;

(i) one representative from the line of paramedical systems excluding systems that have been given representation under clause (b);

(j) two representatives from National Level Consumer Group to be nominated by the Central Government;

(k) one representative from the Associations of Indian Systems of Medicines relating to Ayurveda, Siddha and Unani to be nominated by the Central Government;

(l) the Secretary-General of the Quality Council of India, ex officio.

(3) The nominated members of the National Council shall hold office for three years but shall be eligible for renomination for maximum of one more term of three years.(4) The elected members of the National Council shall hold office for three years, but shall be eligible for reelection: Provided that the person nominated or elected, as the case may be, shall hold office for such period till he holds appointment of the office by virtue of which he was nominated or elected to the council.(5) The members of the National Council shall be entitled for such allowances as may be prescribed by the Central Government.(6) The National Council may, subject to the previous approval of the Central Government, make bye-laws fixing a quorum and regulating its own procedure and the conduct of all business to be transacted by it.(7) The National Council shall meet at least once in three months.(8) The National Council may constitute subcommittees and may appoint to such sub-committee, as it deems fit, persons, who are not members of the National Council, for such period, not exceeding two years, for the consideration of particular matters.(9) The functions of the National Council may be exercised notwithstanding any vacancy therein.(10) The Central Government shall appoint such person to be the Secretary of the National Council as the Central Government may prescribe, and may provide the National Council with such other secretarial and other staff as the Central Government considers necessary.

4. Disqualifications for appointment as member. – A person shall be disqualified for being appointed as a member of the National Council if he—

(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or

(b) is an undischarged insolvent; or

(c) is of unsound mind and stands so declared by a competent court; or

(d) has been removed or dismissed from the service of the Government or a Corporation owned or controlled by the Government; or

(e) has, in the opinion of the Central Government, such financial or other interest in the Council as is likely to affect prejudicially the discharge by him of his functions as a member.

5. Functions of National Council. – The National Council shall—

(a) compile and publish a National Register of clinical establishments within two years from the date of the commencement of this Act;

(b) classify the clinical establishments into different categories;

(c) develop the minimum standards and their periodic review;

(d) determine within a period of two years from its establishment, the first set of standards for ensuring proper health care by the clinical establishments;

(e) collect the statistics in respect of clinical establishments;

(f) perform any other function determined by the Central Government from time to time.

6. Power to seek advice or assistance. – The National Council may associate with itself any person or body whose assistance or advice it may desire in carrying out any of the provisions of this Act.

7. National Council to follow consultative process. – The National Council shall follow a consultative process for determining the standards and for classification of clinical establishments in accordance with such procedure as may be prescribed.

CHAPTER III

Registration And Standards For Clinical Establishments

8. State Council of clinical establishments. – (1) Every State Government shall by notification constitute a State Council for clinical establishments or the Union territory Council for clinical establishments, as the case may be.(2) The State Council or the Union territory Council, as the case may be, shall consist of the following members, namely:—

(a) Secretary, Health — ex officio, who shall be the Chairman;

(b) Director of Health Services — ex officio member-secretary;

(c) Directors of different streams of Indian Systems of Medicine ex officio members;

(d) one representative each to be elected by the executive committee of—

(i) State Medical Council of India;

(ii) State Dental Council of India;

(iii) State Nursing Council of India;

(iv) State Pharmacy Council of India;

(e) three representatives to be elected by the Executive of the State Council or the Union territory Council, as the case may be, of Indian Medicine representing the Ayurveda, Siddha and Unani systems of medicine;

(f) one representative to be elected by the State Council of the Indian Medical Association;

(g) one representative from the line of paramedical systems;

(h) two representatives from State level consumer groups or reputed non-Governmental organisations working in the field of health.

(3) The nominated member of the State Council or the Union territory Council, as the case may be, shall hold office for a term of three years, but shall be eligible for renomination for maximum of one more term of three years.(4) The elected members of the State Council or the Union territory Council, as the case may be, shall hold office for three years, but shall be eligible for re-election: Provided that the person nominated or elected, as the case may be, shall hold office for so long as he holds the appointment of the office by virtue of which he was nominated or elected to the State Council or the Union territory Council, as the case may be.

(5) The State Council or the Union territory Council shall perform the following functions, namely:—

(a) compiling and updating the State Registers of clinical establishment;

(b) sending monthly returns for updating the National Register;

(c) representing the State in the National Council;

(d) hearing of appeals against the orders of the authority; and

(e) publication on annual basis a report on the state of implementation of standards within their respective States.

9. Providing information to National Council. – It shall be the responsibility of the State Council for clinical establishments to compile and update the State Register of clinical establishments of the State and further to send monthly returns in digital format for updating the National Register.

10. Authority for registration. – (1) The State Government shall, by notification, set-up an authority to be called the district registering authority for each district for registration of clinical establishments, with the following members, namely:—

(a) District Collector — Chairperson;

(b) District Health Officer — Convenor;

(c) three members with such qualifications and on such terms and conditions as may be prescribed by the Central Government.

(2) Notwithstanding anything contained in sub-section (1), for the purposes of provisional registration of clinical establishments under section 14, the District Health Officer or the Chief Medical Officer (by whatever name called) shall exercise the powers of the authority as per procedure that may be prescribed.

11. Registration for clinical establishments. – No person shall run a clinical establishment unless it has been duly registered in accordance with the provisions of this Act.

12. Condition for registration. – (1) For registration and continuation, every clinical establishment shall fulfil the following conditions, namely:—

(ii) the minimum requirement of personnel as may be prescribed;

(iii) provisions for maintenance of records and reporting as may be prescribed;

(iv) such other conditions as may be prescribed.

(2) The clinical establishment shall undertake to provide within the staff and facilities available, such medical examination and treatment as may be required to stabilise the emergency medical condition of any individual who comes or is brought to such clinical establishment.

13. Classification of clinical establishments. – (1) Clinical establishment of different systems shall be classified into such categories, as may be prescribed by the Central Government, from time to time.(2) Different standards may be prescribed for classification of different categories referred to in sub-section (1): Provided that in prescribing the standards for clinical establishments, the Central Government shall have regard to the local conditions.

CHAPTER IV

Procedure For Registration

14. Application for provisional certificate of registration. – (1) For the purposes of registration of the clinical establishment under section 10, an application in the prescribed proforma along with the prescribed fee shall be made to the authority.(2) The application shall be filed in person or by post or online.(3) The application shall be made in such form and shall be accompanied by such details as may be prescribed under this Act or rules made thereunder.(4) If any clinical establishment is in existence at the time of the commencement of this Act, an application for its registration shall be made within one year from the date of the commencement of this Act and a clinical establishment which comes into existence after commencement of this Act, shall apply for permanent registration within a period of six months from the date of its establishment.(5) If any clinical establishment is already registered under any existing law requiring registration of such establishments, even then it shall apply for registration as referred to in sub-section (1).15. Provisional certificate. – The authority shall, within a period of ten days from the date of receipt of such application, grant to the applicant a certificate of provisional registration in such form and containing such particulars and such information, as may be prescribed.16. No inquiry prior to provisional registration. – (1) The authority shall not conduct any inquiry prior to the grant of provisional registration.(2) Notwithstanding the grant of the provisional certificate of registration, the authority shall, within a period of forty five days from the grant of provisional registration, cause to be published in such manner, as may be prescribed, all particulars of the clinical establishment so registered provisionally.17. Validity of provisional registration. – Subject to the provisions of section 23, every provisional registration shall be valid to the last day of the twelfth month from the date of issue of the certificate of registration and such registration shall be renewable.18. Display of certificate of registration. – The certificate shall be kept affixed in a conspicuous place in the clinical establishment in such manner so as to be visible to every one visiting such establishment.19. Duplicate certificate. – In case the certificate is lost, destroyed, mutilated or damaged, the authority shall issue a duplicate certificate on the request of the clinical establishment and on the payment of such fees as may be prescribed.

(i) the minimum standards of facilities and services as may be prescribed;

20. Certificate to be non-transferable. – (1) The certificate of registration shall be non-transferable.(2) In the event of change of ownership or management, the clinical establishment shall inform the authority of such change in such manner as may be prescribed.(3) In the event of change of category, or location, or on ceasing to function as a clinical establishment, the certificate of registration in respect of such clinical establishment shall be surrendered to the authority and the clinical establishment shall apply afresh for grant of certificate of registration.21. Publication of expiry of registration. – The authority shall cause to be published within such time and in such manner, as may be prescribed, the names of clinical establishments whose registration has expired.22. Renewal of registration. – The application for renewal of registration shall be made thirty days before the expiry of the validity of the certificate of provisional registration and, in case the application for renewal is made after the expiry of the provisional registration, the authority shall allow renewal of registration on payment of such enhanced fees, as may be prescribed.23. Time limit for provisional registration. – Where the clinical establishments in respect of which standards have been notified by the Central Government, provisional registration shall not be granted or renewed beyond,—

(i) the period of two years from the date of notification of the standards in case of clinical establishments which came into existence before the commencement of this Act;

(ii) the period of two years from the date of notification of the standards for clinical establishments which come into existence after the commencement of this Act but before the notification of the standards; and

(iii) the period of six months from the date of notification of standards for clinical establishments which come into existence after standards have been notified.

24. Application for permanent registration. – Application for permanent registration by a clinical establishment shall be made to the authority in such form and be accompanied by such fees, as may be prescribed.25. Verification of application. – The clinical establishment shall submit evidence of having complied with the prescribed minimum standards in such manner, as may be prescribed.26. Display of information for filing objections. – As soon as the clincial establishment submits the required evidence of having complied with the prescribed minimum standards, the authority shall cause to be displayed for information of the public at large and for filing objections, if any, in such manner, as may be prescribed, all evidence submitted by the clinical establishment of having complied with the prescribed minimum standards for a period of thirty days before processing for grant of permanent registration.27. Communication of objections. – If objections are received within the period referred to in the preceding section, such objections shall be communicated to the clinical establishment for response within a period of fortyfive days.28. Standards for permanent registration. – Permanent registration shall be granted only when a clinical establishment fulfils the prescribed standards for registration by the Central Government.29. Allowing or disallowing of registration. – The authority shall pass an order immediately after the expiry of the prescribed period and within the next thirty days thereafter either—

(a) allowing the application for permanent registration;

or

(b) disallowing the application:

Provided that the authority shall record its reasons, if it disallows an application, for permanent registration.

30. Certificate of permanent registration. – (1) The authority shall, if it, allows an application of the clinical establishment, issue a certificate of permanent registration in such form and containing such particulars, as may be prescribed.(2) The certificate shall be valid for a period of five years from the date of issue.(3) For the purposes of sub-section (1), the provisions of sections 18, 19, 20 and 21 shall also apply.(4) The applications for renewal of permanent registration shall be made within six months before the expiry of the validity of the certificate of permanent registration and, in case the application of renewal is not submitted within the stipulated period, the authority may allow renewal of registration on payment of such enhanced fees and penalties as may be prescribed.

31. Fresh application for permanent registration. – The disallowing of an application for permanent registration shall not debar a clinical establishment from applying afresh for permanent registration under section 24 and after providing such evidence, as may be required, of having rectified the deficiences on which grounds the earlier application was disallowed.

32. Cancellation of registration. – (1) If, at any time after any clinical establishment has been registered, the authority is satisfied that,—

(a) the conditions of the registration are not being complied with; or

(b) the person entrusted with the management of the clinical establishment has been convicted of an offence punishable under this Act, it may issue a notice to the clinical establishment to show cause within three months’ time as to why its registration under this Act should not be cancelled for the reasons to be mentioned in the notice.

(2) If after giving a reasonable opportunity to the clinical establisment, the authority is satisfied that there has been a breach of any of the provisions of this Act or the rules made thereunder, it may, by an order, without prejudice to any other action that it may take against such clinical establishment, cancel its registration.(3) Every order made under sub-section (2) shall take effect—

(a) where no appeal has been preferred against such order immediately on the expiry of the period prescribed for such appeal; and

(b) where such appeal has been preferred and it has been dismissed from the date of the order of such dismissal:

Provided that the authority, after cancellation of registration for reasons to be recorded in writing, may restrain immediately the clinical establishment from carrying on if there is imminent danger to the health and safety of patients.

33. Inspection of registered clinical establishments. – (1) The authority or an officer authorised by it shall have the right to cause an inspection of, or inquiry in respect of any registered clinical establishment, its building, laboratories and equipment and also of the work conducted or done by the clinical establishment, to be made by such multimember inspection team as it may direct and to cause an inquiry to be made in respect of any other matter connected with the clinical establishment and that establishment shall be entitled to be represented thereat.(2) The authority shall communicate to the clinical establishment the views of that authority with reference to the results of such inspection or inquiry and may, after ascertaining the opinion of the clinical establishment thereon, advise that establishment upon the action to be taken.(3) The clinical establishment shall report to the authority, the action, if any, which is proposed to be taken or has been taken upon the results of such inspection or inquiry and such report shall be furnished within such time, as the authority may direct.(4) Where the clinical establishment does not, within a reasonable time, take action to the satisfaction of the authority, it may, after considering any explanation furnished orrepresentation made by the clinical establishment, issue such directions within such time as indicated in the direction, as that authority deems fit, and the clinical establishment shall comply with such directions.34. Power to enter. – The authority or an officer authorised by it may, if there is any reason to suspect that anyone is carrying on a clinical establishment without registration, enter and search in the manner prescribed, at any reasonable time and the clinical establishment, shall offer reasonable facilities for inspection or inquiry and be entitled to be represented thereat:Provided that no such person shall enter the clinical establishment without giving notice of his intention to do so.

35. Levy of fee by State Government. – The State Government may charge fees for different categories of clinical establishments, as may be prescribed.

36. Appeal. – (1) Any person, aggrieved by an order of the registering authority refusing to grant or renew a certificate of registration or revoking a certificate of registration may, in such manner and within such period as may be prescribed, prefer an appeal to the State Council: Provided that the State Council may entertain an appeal preferred after the expiry of the prescribed period if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.(2) Every appeal under sub-section (1) shall be made in such form and be accompanied by such fee as may be prescribed.

CHAPTER V

Register Of Clinical Establishments

37. Register of clinical establishments. – (1) The authority shall within a period of two years from its establishment, compile, publish and maintain in digital format a register of clinical establishments, registered by it and it shall enter the particulars of the certificate so issued in a register to be maintained in such form and manner, as may be prescribed by the State Government.(2) Each authority, including any other authority set-up for the registration of clinical establishments under any other law for the time being in force, shall supply in digital format to the State Council of clinical establishments a copy of every entry made in the register of clinical establishments in such manner, as may be prescribed to ensure that the State Register is constantly up-to-date with the registers maintained by the registering authority in the State.

38. Maintenance of State Register of clinical establishments. – (1) Every State Government shall maintain in digital and in such form and containing such particulars, as may be prescribed by the Central Government a register to be known as the State Register of clinical establishments in respect of clinical establishments of that State.(2) Every State Government shall supply in digital format to the Central Government, a copy of the State Register of clinical establishments and shall inform the Central Government all additions to and other amendments in such register made, for a particular month by the 15th day of the following month.

39. Maintenance of National Register of clinical establishments. – The Central Government shall maintain in digital format an All India Register to be called as the National Register of clinical establishments that shall be an amalgam of the State Register of clinical establishments maintained by the State Governments and shall cause the same to be published in digital format.

CHAPTER VI

Penalties

40. Penalty. – Whoever contravenes any provision of this Act shall, if no penalty is provided elsewhere, be punishable for the first offence with fine which may extend to ten thousandrupees, for any second offence with fine which may extend to fifty thousand rupees and for any subsequent offence with fine which may extend to five lakh rupees.

41. Monetary penalty for non-registration. – (1) Whoever carries on a clinical establishment without registration shall, on first contravention, be liable to a monetary penalty up to fifty thousand rupees, for second contravention with a monetary penalty which may extend to two lakh rupees and for any subsequent contravention with a monetary penalty which may extend to five lakh rupees.(2) Whoever knowingly serves in a clinical establishment which is not duly registered under this Act, shall be liable to a monetary penalty which may extend to twenty-five thousand rupees.(3) For the purpose of adjudging under sub-sections (1) and (2), the authority shall hold an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any monetary penalty.(4) While holding an inquiry the authority shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the authority, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, it is satisfied that the person has failed to comply with the provisions specified in sub-sections (1) and (2), it may by order impose the monetary penalty specified in those subsections to be deposited within thirty days of the order in the account referred to in sub-section (8) of section 42.(5) While determining the quantum of monetary penalty, the authority shall take into account the category, size and type of the clinical establishment and local conditions of the area in which the establishment is situated.(6) Any person aggrieved by the decision of the authority may prefer an appeal to the State Council within a period of three months from the date of the said decision.(7) The manner of filing the appeal referred to in subsection(6) shall be such as may be prescribed.

42. Disobedience of direction, obstruction and refusal of information. – (1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall be liable to a monetary penalty which may extend to five lakh rupees.(2) Whoever being required by or under this Act to supply any information wilfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall be liable to a monetary penalty which may extend to five lakh rupees.(3) For the purpose of adjudging under sub-sections (1) and (2), the authority shall hold an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any monetary penalty.(4) While holding an inquiry the authority shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the authority, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, it is satisfied that the person has failed to comply with the provisions specified in sub-sections (1) and (2), it may by order impose the monetary penalty specified in those subsections to be deposited within thirty days of the order in the account referred to in sub-section (8).(5) While determining the quantum of monetary penalty, the authority shall take into account the category, size and type of the clinical establishment and local conditions of the area in which the establishment is situated.(6) Any person aggrieved by the decision of the authority may prefer an appeal to the State Council within a period of three months from the date of the said decision.(7) The manner of filing the appeal referred to in subsection (6) shall be such as may be prescribed.(8) The monetary penalty levied under sections 41 and 42 shall be credited to such account as the State Government may by order specify in this behalf.

43. Penalty for minor deficiencies. – Whoever contravenes any provision of this Act or any rule made thereunder resulting in deficiencies that do not pose any imminent danger to the health and safety of any patient and can be rectified within a reasonable time, shall be punishable with fine which may extend to ten thousand rupees.

44. Contravention by companies. – (1) Where a person committing contravention of any of the provisions of this Act or of any rule made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to fine:Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.(2) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that contravention and shall be liable to fine.Explanation. — For the purpose of this section, —

(a) “company” means a 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.

45. Offences by Government Departments. – (1) Where an offence under this Act has been committed by any Department of Government within a period of six months after the commencement of this Act, the Head of the Department 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 section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he 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 Department of Government 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 officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

46. Recovery of fine. – Whoever fails to pay the fine, the State Council of clinical establishment may prepare a certificate signed by an officer authorised by it specifying the fine due from such person and send it to the Collector of the District in which such person owns any property or resides or carries on his business and the said Collector, on receipt of such certificate, shall proceed to recover from such person the amount specified thereunder, as if it were an arrear of land revenue.

CHAPTER VII

Miscellaneous

47. Protection of action taken in good faith. – (1) No suit, prosecution or other legal proceedings shall lie against any authority or any member of the National Council or State Council or any officer authorised in this behalf in respect of anything, which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule made thereunder.(2) No suit or other legal proceedings shall lie against a State Government or the Central Government in respect of any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule made thereunder.

48. Furnishing of returns, etc. – Every clinical establishment shall, within such time or within such extended time, as may be prescribed in that behalf, furnish to the authority or the State Council or the National Council such returns or the statistics and other information in such manner, as may be prescribed by the State Government, from time to time.49. Power to give directions. – Without prejudice to the foregoing provisions of this Act, the authority shall have the power to issue such directions, including furnishing returns, statistics and other information for the proper functioning of clinical establishments and such directions shall be binding.

50. Employees of the authority, etc., to be public servants. – Every employee of the authority, the National Council and the State Council shall be deemed to, when acting or purporting to act in pursuance of any of the provisions of this Act, be public servants within the meaning of section 21 of the Indian Penal Code.51. 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 removal of the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

52. Power of Central Government to make rules. – (1) The Central Government may, by notification, make rules for carrying out all or any of the provisions of this Act.(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) allowances for the members of the National Council under sub-section (5) of section 3;

(b) appointment of such person to be the Secretary of the State Council by the Central Government under subsection (10) of section 3;

(c) the determination of standards and for classification of clinical establishments under section 7;

(d) the qualification and the terms and conditions for the members of the authority under clause (c) of subsection (1) of section 10;

(e) the procedure under which the powers of the authority may be exercised by the District Health Officer or Chief Medical Officer for the purpose of provisional registration of clinical establishment under sub-section (2) of section 10;

(f) the minimum standards of facilities and services under clause (i) of sub-section (1) of section 12;

(g) the minimum number of personnel under clause (ii) of sub-section (1) of section 12;

(h) the maintenance of records and reporting by the clinical establishment under clause (iii) of sub-section (1) of section 12;

(i) other conditions for registration and continuation of clinical establishment under clause (iv) of sub-section (1) of section 12;

(j) classification of clinical establishment under subsection (1) of section 13;

(k) the different standards for classification of clinical establishments under sub-section (2) of section (1) the minimum standards for permanent registration under section 28;

(m) the form and particulars to be contained in the register to be maintained under section 38.

53. Laying of rules. – 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 sessions 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.

54. Power of State Government to make rules. – (1) The State Government may, by notification, make rules for carrying out in respect of matters which do not fall within the purview of section 52.(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 proforma and the fee to be paid for registration under sub-section (1) of section 14;

(b) the form and details of application under subsection (3) of section 14;

(c) the particulars and information contained in certificate of provisional registration under section 15;

(d) the manner of publication of all particulars of the clinical establishments proposed to be registered under sub-section (2) of section 16;

(e) the fees to be paid to issue a duplicate certificate under section 19;

(f) the change of ownership or management to be informed by the clinical establishment to the authority under sub-section (2) of section 20;

(g) the manner in which the authority shall publish the names of the clinical establishments whose registration expired under section 21;

(h) the enhanced fees to be charged for renewal after expiry of the provisional registration under section 22;

(i) the form of the application and fees to be charged by the State Government under section 24;

(j) the manner of submitting evidence of the clinical establishments having complied with the minimum standards under section 25;

(k) the manner of displaying information of the clinical establishments having complied with the minimum standards for filing objection under section

(l) the expiry of period specified in section 29;

(m) the form and particulars of the certificate of registration under section 30;

(n) the period within which an appeal shall be preferred under clause (a) of sub-section (3) of section 32;

(o) the manner of entry and search of clinical establishment under section 34;

(p) the fees to be charged by the State Government for different categories of clinical establishments under section 35;

(q) the manner and the period within which an appeal may be preferred to the State Council under subsection (1) of section 36;

(r) the form and the fee to be paid for an appeal under sub-section (2) of section 36;

(s) the form and the manner in which the register to be maintained under sub-section (1) of section 37;

(t) the manner of supply to the State Council in digital format the entry made in the register of clinical establishment under sub-section (2) of section 37;

(u) the manner of holding an inquiry by the authority under sub-section (3) of sections 41 and 42;

(v) the manner of filing the appeal under sub-section (7) of sections 41 and 42;

(w) the manner and the time within which the information is to be furnished to the authority or the State Council or the National Council as the case may be, under section 48;

(x) any other matter which is required to be or may be prescribed by the State Government.

55. Laying of rules. – Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

56. Savings. – (1) The provisions of this Act shall not apply to the States in which the enactments specified in the Schedule are applicable:Provided that the States in which the enactments referred to in sub-section (1) are applicable, and such States subsequent to the commencement of this Act, adopts this Act under clause (1) of article 252 of the Constitution, the provisions of this Act shall, subsequent to such adoption, apply in that State.

(2) The Central Government may, as and when consider necessary, by notification amend the Schedule.

THE SCHEDULE

[See section 56]

1. The Andhra Pradesh Private Medical Care Establishments (Registration and Regulation) Act, 2002.

2. The Bombay Nursing Homes Registration Act, 1949.3. The Delhi Nursing Homes Registration Act, 1953.

4. The Madhya Pradesh Upcharya Griha Tatha Rujopchar Sanbabdu Sthapamaue (Ragistrikaran Tatha Anugyapan) Adhiniyam, 1973.

5. The Manipur Homes and Clinics Registration Act, 1992.

6. The Nagaland Health Care Establishments Act, 1997.

7. The Orissa Clinical Establishments (Control and Regulation) Act, 1990.

8. The Punjab State Nursing Home Registration Act, 1991.

9. The West Bengal Clinical Establishments Act, 1950.

Inherent Power of High Court

THUNDER.jpg

THE IDEA

Inherent powers are powers which are resident in all courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the Constitution of the Tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behaviour. This power is necessary for the orderly administration of the Court’s business . [ In Indian Bank v. Satyam Fibres (India) Pvt. Ltd., (1996) 5 SCC 550 : JT 1996 (7) SC 135, referring to Lazarus Estates and Smith v. East Elloe Rural District Council, 1956 AC 336 : (1956) 1 All ER 855 : (1956) 2 WLR 888, Supreme  Court stated as above;

CRIMINAL MISCELLANEOUS

QUASHING
FIR
Entire Proceedings
Cognizance Order
Discharge Order
Order passed u/s 311
Order passed u/s 319
 Offences relating to women & Children
  1. The inherent powers of the High Court, which are obviously not defined being inherent in its very nature, cannot be stretched to any extent and nor can such powers be equated with the appellate powers of the High Court defined in the Code.In our considered opinion, once the Court finds that the FIR does disclose prima facie commission of any cognizable offence, it should stay its hand and allow the investigating machinery to step in to initiate the probe to unearth the crime in
    accordance with the procedure prescribed in the Code. [Dineshbhai Chandubhai Patel VS State of Gujarat & Ors..SC January 5, 2018 ]
  2. FIR-The law on the question as to when a registration of the FIR is challenged seeking its quashing by the accused under Article 226 of the Constitution or Section 482 of the Code and what are the powers of the High Court and how the High Court should deal with such question is fairly well settled.[ State of West Bengal & Ors. vs. Swapan Kumar Guha & Ors. (AIR 1982 SC 949)]

Krishnan and another Vs Krishnaveni and another [SC 1997 January]

KEYWORD:- SECOND REVISION-INHERENT POWER- SECTION 482 Cr.P.C

Capture

24-01-1997

AIR 1997 SC 987 : (1997) 1 SCR 511 : (1997) 4 SCC 241 : JT 1997 (1) SC 657 : (1997) 1 SCALE 458 : (1997) CriLJ SC 1519

(SUPREME COURT OF INDIA)

Krishnan and another Appellant
Versus
Krishnaveni and another Respondent

(Before: K. Ramaswamy, S. Saghir Ahmad And G. B. Pattanaik, JJ.)

Criminal Appeal No. 58 of 1997 (arising out of S.L.P. (Cri) No. 1740 of 1992), Decided on: 24-01-1997.

Inherent powers—Scope and object of—The inherent powers of the High Court to act ex debitio justitiae.

The inherent power of the High Court is not one conferred by the Code but one which the High Court already has in it and which is preserved by the Code. The object of Section 397(3) is to put a bar on simultaneous revisional applications to the High Court and the Court of Sessions so as to prevent unnecessary delay and multiplicity of proceedings. As seen, under sub section (3) of Section 397, revisional jurisdiction can be invoked by “any person” but the Code has not defined the word ‘person’. However, under Section 11 of the IPC, ‘person’ includes any Company or Association or body of persons, whether incorporated or not. The word ‘person’ would, therefore, include not only the natural person but also juridical person in whatever form designated and whether incorporated or not. By implication, the State stands excluded from the purview of the word ‘person’ for the purpose of limiting its right to avail the revisional power of the High Court under Section 397(1) of the Code for the reason that the State, being the prosecutor of the offender, is enjoined to conduct prosecution on behalf of the society and to take such remedial steps as to deems proper. The object behind criminal law is to maintain law, public order, stability as also peace and progress in the society. Generally, private complaints under Section 202 of the Code are laid in respect of non cognizance offences or when it is found that police has failed to perform its duty under Chapter XII of the Code or to report as mistake of fact. In view of the principle laid down in the maxim Ex debito justitiae, i.e., in accordance with the requirements of justice, the prohibition under Section 397(3) on revisional power given to the High Court would not apply when the State seeks revision under Section 401. So the State is not prohibited to avail the revisional power of the High Court under Section 397(1) read with Section 401 of the Code.

Ordinarily, when revision has been barred by Section 397(3) of the Code, a person—accused/complainant—cannot be allowed to take recourse to the revision to the High Court under Section 397(1) or under inherent powers of the High Court under Section 482 of the Code since it may amount to circumvention of the provisions of Section 397(3) or Section 397(2) of the Code. It is seen that the High Court has suo motu power under Section 401 and continuous supervisory jurisdiction under Section 483 of the Code. So, when the High Court on examination of the record finds that there is grave miscarriage of justice or abuse of process of the Courts or the required statutory procedure has not been complied with or there is failure of justice or order passed or sentence imposed by the Magistrate requires correction, it is but the duty of the High Court to have it corrected at the inception lest grave miscarriage of justice would ensue. It is, therefore, to meet the ends of justice or to prevent abuse of the process that the High Court is preserved with inherent power and would be justified, under such circumstances, to exercise the inherent power and in an appropriate case even revisional power under Section 397(1) read with Section 401 of the Code.

The revisional power of the High Court merely conserves the power of the High Court to see that justice is done in accordance with the recognised rules of criminal jurisprudence and that its subordinates court do not exceed the jurisdiction or abuse the power vested in them under the Code or to prevent abuse of the process of the inferior Criminal Courts or to prevent miscarriage of justice.

The object of Section 483 and the purpose behind conferring the revisional power under Section 397 read with Section 401, upon the High Court is to invest continuous supervisory jurisdiction so as to prevent miscarriage of justice or to correct irregularity of the procedure or to meet out justice. In addition, the inherent power of the High Court is preserved by Section 482. The power of the High Court, therefore, is very wide. However, High Court must exercise such power sparingly and cautiously when the Sessions Judge has simultaneously exercised revisional power under Section 397(1). However, when the High Court notices that there has been failure of justice or misuse of judicial mechanism or procedure, sentence of order is not correct, it is but the salutary duty of the High Court to prevent the abuse of the process of miscarriage of justice or to correct irregularities/incorrectness committed by inferior Criminal court in its juridical process or illegality of sentence or order.

Criminal Procedure Code, 1973—Section 482—Inherent powers—Scope and object of—The inherent powers of the High Court to act ex debitio justitiae.

Criminal Procedure Code, 1973—Sections 397 and 401—Revision—Bar on second revision.

Counsel for the Parties:

V. Krishnamurthy, S. Arvind, T. Harish Kumar, Advocates, for Appellants

V.G. Pragasam, Advocate, for (K. V. Venkataraman), Advocate and Mrs. Sharada Devi, Advocate (N.P.), for Respondents-State.

Judgement

K. Ramaswamy, J—Leave granted.

2. This appeal by special leave arises from the judgment dated 26th March, 1992 passed by the Madras High Court in Crl. O.P. No. 10678 of 1991. The facts relevant for our purpose are that in a litigation between Krishnaveni, the first respondent and Tulasiammal, the second wife of her husband, Chinnikrishnan, the first appellant, Krishnan had offered his services and promised to help the first respondent in conducting the said litigation and asked her to execute a Power of Attorney for that purpose in his favour. It is the case of the first respondent that on faith of the promise of the first appellant, she went to Sub-Registrar’s office at Madurai where the first appellant made her sign on some stamp papers in the presence of the Sub-Registrar. Later it transpired the first appellant had got her signature on an agreement to sell her land (which indicates that she had received ` 20,000/-) and not the Power of Attorney as she was given to understand. According to the first respondent, when the appellants came to her house on April 15, 1989 and demanded money purported to have been spent by the first appellant in the litigation and wanted her to execute the sale deed in her favour, she made enquiries and came to know that the first appellant had played fraud upon her with dishonest intention to cheat her and obtained her signatures on the purported agreement to sell dated September 13, 1988. Consequently, she lodged a complaint with the police on April 24, 1989 and the crime came to be registered as Crime No. 31 of 1989 under Ss. 420 and 406, I.P.C. The Sub-inspector after investigation submitted a report stating that the case was essentially of a civil nature and no criminal case was made out. Thereupon, the first respondent feeling aggrieved, brought the matter to the notice of Superintendent of Police, Madurai and requested him to assign the same to another officer to make an honest investigation. Accordingly, the Inspector of Police, Crime branch was entrusted with the investigation. After thorough investigation, the Inspector filed the charge-sheet under S.173, Crl. P.C. on December 4, 1989 which disclosed commission of the offences under Ss. 420 and 406, I.P.C. On receipt thereof, the Judicial Magistrate No. 1 Madurai had taken cognizance of the offences and issued summons on February 22, 1990. Thereupon, the appellants filed an application to discharge them. The Magistrate on the said application discharged the accused in Criminal M.P. No. 262 of 1990 by order dated 22nd February, 1990. The respondents feelings aggrieved thereby, filed revision applications before the Sessions Judge and the matter was transferred to the First Additional Sessions Judge who by order dated March 26, 1991 dismissed the revision petition. On a further revision filed by the first respondent in the High Court, by order dated March 26, 1992 it allowed the revision by the impugned order and set aside the order of the Magistrate and directed him to consider the facts on merits at the trial. Thus this appeal by special leave.

3. When the matter had come up for hearing, upon consideration of the decisions cited by the learned counsel for the appellants, in particular Dharampal v. Ramshri (Smt.) (1993) 1 SCC 435 and Rajan Kumar Manchanda v. State of Kerala, (1990) Suppl. SCC 132 the matter was referred to a three-Judge Bench. Thus, the appeal has come up before us.

4. Shri Krishnamurthy, learned counsel for the appellants, contended that the State as well as the respondents having availed of the remedy of revision under S. 397 of the Code of Criminal Procedure 1973 (for short, the “Code”) the High Court was devoid of power and jurisdiction to entertain the second revision due to prohibition by sub-section (3) of S. 397 of the Code. Therefore, the impugned order is one without jurisdiction and vitiated by manifest error of law warranting interference. In support of his contention, the learned counsel placed strong reliance on the abovesaid two decisions of this Court. He further contended that when there is a prohibition under S. 397(3) of the Code, the exercise of the power being in violation thereof, is non est. He further placed reliance on the decision of this Court in Simrikhia v. Dolley Mukherjee and Chhabi Mukherjee, (1990) 2 SCC 437 and Deepi alias Aarati Rai v. Akhil Rai, JT 1995 (7) SC 175. The question, therefore, is:whether the High Court has power to entertain a revision under S. 397(1) in respect of which the Sessions Judge has already exercised revisional power and whether, under the circumstances of the present case, it could be considered to be one under S. 482 of the Code?

5. Chapter XXX of the Code relating to reference and revisional powers of the High Court, consists of Ss. 395 to 405. Under the Code, the revisional power of the High Court has concurrently been given by operation of sub-section (1) of S. 397 to Sessions Judge, to call for the records of any proceeding and to exercise powers of revision. The power is given to examine the record of any proceedings before any inferior Criminal Court situated within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence, or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court. Sub-section (3) thereof provides that if an application under the said section has been made by any person either to the High court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. This was brought by way of amendment of S. 435 of the predecessor Code, i.e., Act 5 of 1898.

6. Section 401 of the Code gives to every High Court power of revision. Sub-section (1) of the said section provides that in the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by Ss. 386, 389 and 391 and on a Court of sessions by Ss. 307. Apart from the express power under S. 397(1), the High Court has been invested with suo motu power under S. 401 to exercise revisional powers. In addition, S. 482 saves inherent powers of the High Court postulating that “Nothing in this Court shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.” Section 483 enjoins upon every High Court to so exercise its continuous superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expenditious and proper disposal of cases by such Magistrates. It is, therefore, clear that the power of the High Court of continuous supervisory jurisdiction is of paramount importance to examine correctness, legality, or propriety of any findings, sentence or order, recorded or passed as also regularity of the proceedings of all inferior Criminal Courts.

7. It is seen that exercise of the revisional power by the High Court under S. 397 read with S. 401 is to call for the records of any inferior Criminal Court and to examine the correctness, legality or propriety of any findings, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court and to pass appropriate orders. The Court of Session and the Magistrate are inferior Criminal Courts to the High Court and Courts of Judicial Magistrate are inferior Criminal Courts to the Sessions Judge. Ordinarily, in the matter of exercise of power of revision by any High Court, S. 397 and S. 401 are required to be read together. Section 397 gives powers to the High Court to call for the records as also suo motu power under S. 401 to exercise the revisional power on the grounds mentioned therein, i.e., to examine the correctness, legality or propriety of any findings, sentence or order recorded or passed and as to the regularity of any proceedings of such inferior Court, and to dispose of the revision in the manner indicated under S. 401 of the Code. The revisional power of the High Court merely conserves the power of the High Court to see that justice is done in accordance with the recognised rules of criminal jurisprudence and that its subordinates Courts do not exceed the jurisdiction or abuse the power vested in them under the Code or to prevent abuse of the process of the inferior Criminal Courts or to prevent miscarriage of justice.

8. The object of S. 483 and the purpose behind conferring the revisional power under S. 397 read with S. 401, upon the High Court is to invest continuous supervisory jurisdiction so as to prevent miscarriage of justice or to correct irregularity of the procedure or to meet out justice. In addition, the inherent power of the High Court is preserved by S. 482. The power of the High Court, therefore, is very wide. However, High Court must exercise such power sparingly and cautiously when the Sessions Judge has simultaneously exercised revisional power under S. 397(1). However, when the High Court notices that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order is not correct, it is but the salutary duty of the High Court to prevent the abuse of the process or miscarriage of justice or to correct irregularities/incorrectness committed by inferior Criminal Court in its juridical process or illegality of sentence or order.

9. The inherent power of the High Court is not one conferred by the Code but one which the High Court already has in it and which is preserved by the Code. The object of S. 397(3) is to put a bar on simultaneous revisional applications to the High Court and the Court of Sessions so as to prevent unnecessary delay and multiplicity of proceedings. As seen, under sub-section (3) of S. 397, revisional jurisdiction can be invoked by “any person” but the Code has not defined the word ‘person.’ However, under S. 11 of the IPC, ‘person’ includes any Company or Association or body of persons, whether incorporated or not. The word ‘person’ would, therefore, include not only the natural person but also juridical person in whatever form designated and whether incorporated or not. By implication, the State stands excluded from the purview of the word ‘person’ for the purpose of limiting its right to avail the revisional power of the High Court under S. 397(1) of the Code for the reason that the State, being the prosecutor of the offender, is enjoined to conduct prosecution on behalf of the society and to take such remedial steps as to deems proper. The object behind criminal law is to maintain law, public, order, stability as also peace and progress in the society. Generally, private complaints under S. 202 of the Code are laid in respect of non-cognizance offences or when it is found that police has failed to perform its duty under Chapter XII of the Code or to report as mistake of fact. In view of the principle laid down in the maxim Ex debito justitiae,i.e., in accordance with the requirements of justice, the prohibition under S. 397(3) on revisional power given to the High Court would not apply when the State seeks revision under S. 401. So the State is not prohibited to avail the revisional power of the High Court under S. 397(1) read with S. 401 of the Code.

10. Ordinarily, when revision has been barred by S. 397(3) of the Code, a person – accused/complainant – cannot be allowed to take recourse to the revision to the High Court under S. 397(1) or under inherent powers of the High Court under S. 482 of the Code since it may amount to circumvention of the provisions of S. 397(3) or S. 397(2) of the Code. It is seen that the High Court has suo motupower under S. 401 and continuous supervisory jurisdiction under S. 483 of the Code. So, when the High Court on examination of the record finds that there is grave miscarriage of justice or abuse of process of the Courts or the required statutory procedure has not been complied with or there is failure of justice or order passed or sentence imposed by the Magistrate requires correction, it is but the duty of the High Court to have it corrected at the inception lest grave miscarriage of justice would ensue. It is, therefore, to meet the ends of justice or to prevent abuse of the process that the High Court is preserved with inherent power and would be justified, under such circumstances, to exercise the inherent power and in an appropriate case even revisional power under S. 397(1) read with S. 401 of the Code. As stated earlier, it may be exercised sparingly so as to avoid needless multiplicity of procedure, unnecessary delay in trial and protraction of proceedings. The object of criminal trial is to render public justice, to punish the criminal and to see that the trial is concluded expeditiously before the memory of the witness fades out. The recent trend is to delay the trial and threaten the witness or to win over the witness by promise or inducement. There malpractices need to be curbed and public justice can be ensured only when expeditious trial is conducted.

11. In Madhu Limaye v. State of Maharashtra (1997) 4 SCC 551, a three-Judge Bench was to consider the scope of the power of the High Court under S. 482 and S. 397(2) of the Code. This Court held that the bar on the power of revision was put in order to facilitate expedient disposal of the cases but in S. 482 it is provided that nothing in the Code, which would include S. 397(2) also, shall be deemed to limit or affect the inherent powers of the High Court. On an harmonious construction of said two provisions in this behalf, it was held that though the High Court has no power of revision in an interlocutory order, still the inherent power will come into play when there is no provision for redressal of the grievance of the aggrieved party. In that case, when allegations of defamatory statements were published in the newspapers against the Law Minister, the State Government had decided to prosecute the appellant for offence under S. 500, I.P.C. After obtaining the sanction, on a complaint made by the public prosecutor, cognizance of the commission of the offence by the appellant was taken to take trial in the Sessions Court. Thereafter, the appellant filed an application to dismiss the complaint on the ground that court had no jurisdiction to entertain the complaint. The Sessions Judge rejected all the contentions and framed the charges under S. 406. The order of the Sessions Judge was challenged in revision in the High Court on a preliminary objections raised on the maintainability, this Court held that power of the High Court to entertain the revision was not taken away under S. 397 or inherent power under S. 482 of the Code.

12. In V. C. Shukla v. State through C.B.I. (1980) 2 SCR 380 at 393, a four-Judge Bench per majority had held that sub-section (3) of S. 397, however, does not limit at all the inherent powers of the High Court contained in S. 482. It merely curbs the revisional power given to the High Court or the Sessions Court under S. 397(1) of the Code. In Rajan Kumar Manchanda case, (supra), the case relating to release of a truck from attachment, obviously on filing of an interlocutory application. It was contended that there was prohibition on the revision by operation of S. 397(2) of the Code. In that context it was held that it was not revisable under S. 482 in exercise of inherent powers by operation of sub-section (3) of S. 397. On the facts in that cases, it was held that by virtue of provisions contained in S. 397(3), the revision is not maintainable. In Dharam Pal case, (supra) which related to the exercise of power to issue an order of attachment under S. 146 of the Code, it was held that the inherent power under S. 482 was prohibited. On the facts in that case it could be said that the learned Judges would be justified in holding that it was not revisable since it was prohibitory interim order of attachment covered under S. 397(2) of the Code but the observations of the learned Judges that the High Court had no power under S. 482 of the code were not correct in view of the ratio of this Court in Madhu Limaye’s case, (supra) as upheld in V.C. Shukla’s case, (supra) and also in view of our observations stated earlier. The ratio in Deepti’s case, (supra) is also not apposite to the facts in the present case. To the contrary, in that case an application for discharge of the accused was filed in the Court of Magistrate for an offence under S. 498A, I.P.C. The learned Magistrate and the Sessions Judge dismissed the petition. In the revision at the instance of the accused, on a wrong concession made by the counsel appearing for the State that the record did not contain allegations constituting the offence under S. 498-A, the High Court without applying its mind had discharged the accused. On appeal, this Court after going through the record noted that the concession made by the counsel was wrong. The record did contain the allegations to prove the charge under S. 498-A, I.P.C. The High Court, since it failed to apply its mind had committed an error of law in discharging the accused leading to the miscarriage of justice. In that context, this Court held that the order of the Sessions Judge operated as a bar to entertain the application under S. 482 of the Code. In view of the fact that the order of the High Court had led to the miscarriage of justice, this court had set aside the order of the High Court and confirmed that of the Magistrate.

13. The ratio of Simrikhia’s case (supra) has no application to the facts in this case. Therein, on a private complaint filed under Ss. 452 and 323, IPC the Judicial Magistrate, First Class had taken cognizance of the offence. He transferred the case for inquiry under S. 202 of the Code to the Second Class Magistrate who after examining the witnesses issued process to the accused. The High Court exercising the power under S. 482 dismissed the revision. But subsequently on an application filed under S. 482 of the Code, the High Court corrected it. The question was whether the High Court was right in reviewing its order. In that factual backdrop, this Court held that the High Court could not exercise inherent power for the second time. The ratio therein, as stated above, has no application to the facts in this case.

14. In view of the above discussion, we hold that though the revision before the High Court under sub-section (1) of S. 397 is prohibited by sub-section (3) thereof, inherent power of the High Court is still available under S. 482 of the Code and as it is paramount power of continuous superintendence of the High Court under S. 483, the High is justified in interfering with the order leading to miscarriage of justice and in setting aside the order of the Courts below. It remitted the case to the Magistrate for decision on merits after consideration of the evidence. We make it clear that we have not gone into the merits of the case. Since the High Court has left the matter to be considered by the Magistrate, it would be inappropriate at this stage to go into that question. We have only considered the issue of power and jurisdiction of the High Court in the context of the revisional power u/S. 397(1) read with S. 397(3) and the inherent powers. We do not find any justification warranting interference in the appeal.

15. The appeal is accordingly dismissed.

 

Rajendra Prasad vs Narcotic Cell Through Its Officer [SC 1999 JULY]

KEYWORDS:-Recalling witness u/s 311 of Cr.P.C- Lacuna in Prosecution-

Capture

DATE: 12-07-1999

AIR 1999 SC 2292 : (1999) 3 SCR 818 : (1999) 6 SCC 110 : JT 1999 (4) SC 496 : (1999) 4 SCALE 58 : (1999) CriLJ SC 3529

(SUPREME COURT OF INDIA) 

Rajendra Prasad Appellant
Versus
Narcotic Cell through its Officer-in-charge, Delhi Respondent

(Before : K. T. Thomas And M. B. Shah, JJ.)

Criminal Appeal No. 621 of 1999, (arising out of Special Leave Petn. (Cri.) No. 1333 of 1999), Decided on : 12-07-1999.

Witness—Re-examination—The prosecution cannot be permitted to fill the lacuna in prosecution case—Meaning of lacuna explained.

It is a common experience in criminal Courts that defence counsel would raise objections whenever Courts exercise powers under Section 311 of the Cr.P.C. or under Section 165 of the Evidence Act by saying that the Court could not ‘fill the lacuna in the prosecution case’. A lacuna in prosecution is not to be equated with the fallout of an oversight committed by a public prosecutor during trial, either in producting relevant materials or in eliciting relevant answers from witnesses. The adage ‘to err is human’ is the recognition of the possibility of making mistakes to which humans are proned. A corollary of any such laches or mistakes during the conducting of a case cannot be understood as the lacuna which a Court cannot fill up.

Lacuna in the prosecution must be understood as the inherent weakness or a latent wedge in the matrix of the prosecution case. The advantage of it should normally go to the accused in the trial of the case, but an over sight in the management of the prosecution cannot be treated as irreparable lacuna. No party in a trial can be foreclosed from correcting, errors. If proper evidence was not adduced or a relevant material was not brought on record due to any inadvertence, the Court should be magnanimous in permitting such mistakes to be rectified. After all, function of the criminal Court is administration of criminal justice and not to count errors committed by the parties or to find out and declare who among the parties performed better.

Criminal Procedure Code, 1973—Section 311—Witness—Re examination—The prosecution cannot be permitted to fill the lacuna in prosecution case—Meaning of lacuna explained.

Counsel for the Parties:

Manoj Swarup, Ms. Lalita Kohli, Ms. Maulini Swarup Advocates, for M/s. Manoj Swarup and Co. Advocates, for Appellant.

Judgement

Thomas J—Leave granted.

2. Can a trial Court permit lacuna in prosecution evidence filled up ? The conventional concept is that the Court should not do so. But then, what is meant by lacuna in a prosecution case, has to be understood before deciding the said question one way or the other.

3. The present case provides an occasion to decide the said question. Appellant is now facing trial along with certain other persons before a Court of sessions for offences under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Appellant is now on bail pursuant to an order granted by the High Court of Delhi. As the trial proceeded almost to the end when the prosecution and the defence closed their evidence on 19-9-1997, the case was posted for further steps. Nevertheless, subsequently, the case stood posted to some other days also. On 7-3-1998, at the instance of the prosecution two of the witnesses, who were already examined, were re-summoned for the purpose of proving certain documents for prosecution. They were further examined and the evidence was once again closed and the case was posted for hearing arguments. It appears that arguments were heard in piecemeal on different days. On 7-6-1998, the Public Prosecutor moved an application seeking permission to examine PW-21 (Dalip Singh-SI) and two other persons. Though the application was stoutly opposed by the accused’s counsel the trial Court allowed it in exercise of its power under Section 311 of the Code of Criminal Procedure (for short ‘the Code’) and summons were issued to the witnesses as per its order dated 8-1-1999.

The relevant portion of that order of the trial Court is the following:

“In order to find out whether the CFSL Form accompanied the sample packet or not, it has been repeatedly held by the Hon’ble High Court that the Road Certificate should be produced to make things clear in this respect. It cannot be denied that it is an old case and directions have been issued several times to expedite the trial but at the same time when the witnesses are available the prosecution cannot be debarred by examining him. In the present case, cross examination of PW-4 was deferred by learned Additional Public Prosecutor. Cross examination of PW-21 by the Defence Counsel was deferred but thereafter he was never summoned for cross examination. There was negligence on the part of Public Prosecutor as he closed evidence twice without verifying whether cross examination of all the witnesses has been concluded or not. However, in the interest of justice, I allow the application to the extent that PW-21 Dalip Singh be recalled for cross examination. The interest of justice demands that things should be clear before the Court to assist it to meet the ends of justice.”

4. Appellant challenged the said order in revision before the High Court of Delhi. As it was an interlocutory order the question whether a revision was not maintainable as per Section 397(2) of the Code was not considered by the High Court. Nevertheless, the High Court entertained the revision and dismissed it as per the impugned order. According to the learned single Judge who dismissed the revision “there are certain circumstances which have been mentioned in the order of the sessions Judge which forced him to pass the order.”

5. Learned counsel for the appellants contended that the trial Court failed to appreciate that in the garb of exercise of powers under Section 311 of the Code a Court cannot allow the prosecution to re-examine prosecution witnesses in order to fill up lacuna in the case. Lacunae, as pointed out by the learned counsel, were the following:

(a) PW-21 Dalip Singh was never tendered by the prosecution for cross examination.

(b) PW-4 Suresh Chand Sharma was also not cross examined by the State.

(c) There was no link evidence to correct the testimony of PW-28 H/C Jai Prakash. That aspect was highlighted during arguments in the trial Court, before the Court resorted to the impugned steps.

The above contention was based on the observation made by this Court in, Mohanlal Shamji Soni v. Union of India, AIR 1991 SC 1346, that the Court while exercising its power under Section 311 of the Code shall not use such power ‘for filling up the lacuna left by the prosecution.’

6. It is a common experience in criminal Courts that defence counsel would raise objections whenever Courts exercise powers under Section 311 of the Code or under Section 165 of the Evidence Act by saying that the Court could not ‘fill the lacuna in the prosecution case.’ A lacuna in prosecution is not to be equated with the fallout of an oversight committed by a public prosecutor during trial, either in producing relevant materials or in eliciting relevant answers from witnesses. The adage ‘to err is human’ is the recognition of the possibility of making mistakes to which humans are proned. A corollary of any such laches or mistakes during the conducting of a case cannot be understood as the lacuna which a Court cannot fill up.

7. Lacuna in the prosecution must be understood as the inherent weakness or a latent wedge in the matrix of the prosecution case. The advantage of it should normally go to the accused in the trial of the case, but an over sight in the management of the prosecution cannot be treated as irreparable lacuna. No party in a trial can be foreclosed from correcting, errors. If proper evidence was not adduced or a relevant material was not brought on record due to any inadvertence, the Court should be magnanimous in permitting such mistakes to be rectified. After all, function of the criminal Court is administration of criminal justice and not to count errors committed by the parties or to find out and declare who among the parties performed better.

8. The very same decision, Mohanlal Shamji Soni v. Union of India, (supra), which cautioned against filling up lacuna has also laid down the ratio thus (Para 27):

“It is therefore clear that the Criminal Court has ample power to summon any person as a witness or recall and re-examine any such person even if the evidence on both sides is closed and the jurisdiction of the Court must obviously be dictated by exigency of the situation, and fair play and good sense appear to be the only safe guides and that only the requirements of justice command the examination of any person which would depend on the facts and circumstances of each case.’

9. Dealing with the corresponding section in the old Code (Section 540) Hidaya-tullah, J. (as the learned Chief Justice then was) speaking for a three-Judge bench of this Court had said in, Jamatraj Kewalji Govani v. State of Maharashtra, (1967) 3 SCR 415, as follows:

“It would appear that in our criminal jurisdiction, statutory law confers a power in absolute terms to be exercised at any stage of the trial to summon a witness or examine one present in Court or to recall a witness already examined, and makes this the duty and obligation of the Court provided the just decision of the case demands it. In other words, where the Court exercises the power under the second part, the inquiry cannot be whether the accused has brought anything suddenly or unexpectedly but whether the Court is right in thinking that the new evidence is necessary by it for a just decision of the case.”

10. Chinnappa Reddy, J. has also observed in the same tone in, Ram Chander v. State of Haryana, AIR 1981 SC 1036.

11. We cannot therefore accept the contention of the appellant as a legal proposition that the Court cannot exercise power of re-summoning any witness if once that power was exercised, nor can the power be whittled down merely on the ground that prosecution discovered laches only when the defence highlighted them during final arguments. The power of the Court is plenary to summon or even recall any witness at any stage of the case if the Court considers it necessary for a just decision. The steps which the trial Court permitted in this case for re-summoning certain witnesses cannot therefore be spurned down nor frowned at.

12. The appeal is accordingly dismissed.

Mohinder Kumar Mehra Vs. Roop Rani Mehra & Ors.[SC 2017 December ]

KEYWORDS:- amendment application

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DATE:- DECEMBER 11, 2017-

  • In a suit when trial commences? Order XVIII of the C.P.C. deal with “Hearing of the Suit and Examination of Witnesses”. Issues are framed under Order XIV. At the first hearing of the suit, the Court after reading the plaint and written statement and after examination under Rule 1 of Order XIV is to frame issues. Order XV deals with “Disposal of the Suit at the first hearing”, when it appears that the parties are not in issue of any question of law or a fact. After issues are framed and case is fixed for hearing and the party having right to begin is to produce his evidence, the trial of suit commences.
  • Amendment applications are to be liberally considered and unless any prejudice is shown to be caused to the defendant, the applications are allowed.

ACTS:-Order VI Rule 17 of C.P.C.-Article 110 of the Limitation Act

SUPREME COURT OF INDIA

Mohinder Kumar Mehra Vs. Roop Rani Mehra & Ors.

[Civil Appeal No.19977 of 2017 arising out of SLP (C) No. 26695/2017]

ashokbhushanJUDGMENT

ASHOK BHUSHAN, J.

1. This appeal has been filed against the judgment of Delhi High Court dated 02.08.2017 by which judgment, the Writ Petition filed by the appellant challenging the order of Additional District Judge dismissing the application of the plaintiff under Order VI Rule 17 of the Civil Procedure Code (hereinafter referred to as “C.P.C.”) has been dismissed. Facts in brief necessary to be noted for deciding the appeal are:-

The appellant and respondent No.5 are sons of respondent No.1. Respondent Nos. 2, 3 and 4 are wife, son and daughter of another brother of appellant. The appellant’s father Late Shri O.P. 2 Mehra alongwith his wife and three minor sons came to Delhi from Lahore after Partition. Shri O.P. Mehra died in 1951.

The respondent No.1 and her sons were held entitled to compensation under Order of Settlement Commissioner, New Delhi dated 14.08.1956. The respondent No. 1 was declared as highest bidder in a public auction for a House No. D-4, Lajpat Nagar, area measuring 300 sq. yds. which amount was adjusted from the claim to which the respondent No.1 and her sons were held entitled. Another property was also allotted in the name of respondent No.1 of area measuring 200 sq. yds. at G-11, Nizamuddin, New Delhi.

The property G-11, Nizamuddin was sold by respondent No.1 in the year 2000. On 04.11.2009, the appellant filed a Suit No. 2082 of 2009 against the respondents seeking partition of the suit property described in Appendix A. In Appendix A, only property mentioned was Plot No.D-4, Lajpat Nagar, Part-II, New Delhi. Written statement was filed by the respondent and on 17.05.2010, issues were framed by the Court. 10.08.2010 was fixed for recording the evidence of the plaintiff. The plaintiff prayed for time for producing evidence.

On 17.01.2011, plaintiff filed an application under Order VI Rule 17 praying for amendment of the plaint. By the application plaintiff sought to add certain pleadings and a prayer claiming share in the sale proceeds received by defendant No.1 from sale of the property of Nizamuddin. Application filed by the plaintiff was objected by the defendants by filing a reply. It was pleaded that several opportunities were given to the plaintiff to lead evidence and last opportunity was given on 08.12.2010 to file his evidence by 28.01.2011. It was further pleaded that in the sale document of Nizamuddin property, plaintiff himself was a witness.

The relief which is sought to be amended is barred by time and is altogether a separate cause of action. Plaintiff filed a rejoinder in which it was stated that plaintiff came to know that plaintiff had undivided share in the property at Nizamuddin only in November, 2010. He further stated that he informed all the facts to his earlier counsel but in the plaint the mention of Nizamuddin property was not made by earlier counsel and while preparing for evidence in the suit, the fact was noticed by the plaintiff only in November, 2010 and hence application for amendment has been filed.

The Court passed on order on 26.07.2011 granting the plaintiff four week’s time as a last opportunity to file the examination-in-chief of his witnesses subject to payment of Rs.5,000/-, with regard to I.A. No.1001 of 2011, it was stated “Needless to say in Case I.A. No.1001/2011 is allowed, appropriate orders for evidence of the plaintiff would be made.” Parties led evidence and suit was fixed for final disposal. On 14.02.2014, an order was passed directing that amendment application shall be considered at the time of final hearing of the suit. Plaintiff filed an application for amendment of issues, which was rejected by the High Court on 09.02.2015.

The plaintiff filed a FAO (OS) No.196 of 2015, in which Division Bench of the High Court by order dated 28.04.2015 directed the learned Single Judge to decide the amendment application I.A. No. 1001 of 2011. In the meantime on account of pecuniary jurisdiction of the case, the suit was transferred to the Court of Additional District Judge, Saket. The Additional District Judge took up the amendment 5 application and vide order dated 24.10.2016 rejected the amendment application. The trial court took the view that the suit for recovery of money of his share could have been filed by plaintiff within three years from the date of sale.

The trial court held that the amendment sought is barred by time, hence the application was rejected. A Writ Petition under Article 227 was filed by the plaintiff in the High Court challenging the order dated 24.10.2016, which has been dismissed by the High Court by the impugned judgment, against which this appeal has been filed.

2. We have heard Ms. Shobha, learned counsel for the appellant. Shri S.B. Upadhyay, learned counsel was heard for respondent No.1, Shri Rana S. Biswas and Ms. Sharmila Upadhyay, has been heard for respondent No.5. Learned counsel for respondent No.5 having adopted the submissions raised on behalf of respondent No.1, we shall hereinafter refer to the submissions of respondent No.1 and respondent No.5 as submissions on behalf of respondents.

3. Learned counsel for the appellant in support of the appeal contends that the application filed by the plaintiff for amendment under Order VI Rule 17 was not barred by time. Relying on Article 110 of the Limitation Act, 1963, learned counsel submits that the limitation for enforcing a right to share in a joint family property is twelve years, hence the claim was not barred by time. The High Court on one hand refrained itself from saying anything on the issue of limitation on Article 110 of the Limitation Act and on the other hand has given an approval to the view of the learned Additional District Judge that suit is barred by time.

The High Court has failed to appreciate that parties have already led evidence relating to proposed amendment which fact was recorded by the High Court on 14.02.2014 and only a formal order of allowing amendment was required, which would not have caused any prejudice to the defendant. The High Court on technical grounds has rejected the amendment application whereas it is well settled that amendment applications are to be liberally considered and unless any prejudice is shown to be caused to the defendant, the applications are allowed.

4. Learned counsel for the respondent refuting the submission of the appellant contends that amendment application filed by the appellant could not have been allowed in view of Proviso to Order VI Rule 17 C.P.C. It is submitted that trial in the suit has already commenced and plaintiff failed to show that in spite of due diligence, he could not raise the matter earlier, hence the trial court has rightly rejected the amendment application. It is further stated that claim was barred by time. The amendment sought to be made related to claim for recovery of money for which limitation is only three years, as has been rightly held by the trial court.

There is no substance in the case of the plaintiff that due to mistake of earlier counsel, the Nizamuddin property could not be included in the plaint. Plaintiff himself has verified the plaint and cannot be allowed to take any such plea. The Proviso to Order VI Rule 17 does not permit any such amendment as now prayed by plaintiff.

It is submitted that there was no due diligence at all on the part of the appellant-plaintiff so as to enable the Court to allow the amendment exercising the power reserved to the Court under Proviso. The appellant in his repllication has stated that Lajpat Nagar property was the one and the only joint family property. By allowing the amendment, the very nature of the suit shall be changed, causing great prejudice to respondent No.1. Learned counsel for the respondents have also raised submissions regarding the merits of the claim of the plaintiff.

5. We have considered the submissions of the learned counsel for the parties and have perused the records.

6. Order VI Rule 17 of C.P.C. as it now exists is as follows:-

17. Amendment of Pleadings.- The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties: Provided that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

7. By Amendment Act 46 of 1999 with a view to shortage  litigation and speed of the trial of the civil suits, Rule 17 of Order VI was omitted, which provision was restored by Amendment Act 22 of 2002 with a rider in the shape of the proviso limiting the power of amendment to a considerable extent. The object of newly inserted Rule 17 is to control filing of application for amending the pleading subsequent to commencement of trial. Not permitting amendment subsequent to commencement of the trial is with the object that when evidence is led on pleadings in a case, no new case be allowed to set up by amendments.

The proviso, however, contains an exception by reserving right of the Court to grant amendment even after commencement of the trial, when it is shown that in spite of diligence, the said pleas could not be taken earlier. The object for adding proviso is to curtail delay and expedite adjudication of the cases. This Court in Salem Advocate Bar Association, T.N. Vs. Union of India, (2005) 6 SCC 344 has noted the object of Rule 17 in Para 26 which is to the following effect:

“26. Order 6 Rule 17 of the Code deals with amendment of pleadings. By Amendment Act 46 of 1999, this provision was deleted. It has again 10 been restored by Amendment Act 22 of 2002 but with an added proviso to prevent application for amendment being allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. The proviso, to some extent, curtails absolute discretion to allow amendment at any stage. Now, if application is filed after commencement of trial, it has to be shown that in spite of due diligence, such amendment could not have been sought earlier. The object is to prevent frivolous applications which are filed to delay the trial. There is no illegality in the provision.”

8. The judgment on which much reliance has been placed by learned counsel for the appellant is Rajesh Kumar Aggarwal & Ors. Vs. K.K. Modi & Ors. (2006) 4 SCC 385. This Court had occasion to consider and interpret Order VI Rule 17 in Paragraphs 15 and 16, in which following has been held:-

“15. The object of the rule is that the courts should try the merits of the case that come before them and should, consequently, allow all amendments that may be necessary for determining the real question in controversy between the parties provided it does not cause injustice or prejudice to the other side. 16. Order 6 Rule 17 consists of two parts. Whereas the first part is discretionary (may) and leaves it to the court to order amendment of pleading. The second part is imperative (shall) and enjoins the court to allow all amendments which are necessary for the purpose 11 of determining the real question in controversy between the parties.”

9. Although Order VI Rule 17 permits amendment in the pleadings “at any stage of the proceedings”, but a limitation has been engrafted by means of Proviso to the fact that no application for amendment shall be allowed after the trial is commenced. Reserving the Court’s jurisdiction to order for permitting the party to amend pleading on being satisfied that in spite of due diligence the parties could not have raised the matter before the commencement of trial.

In a suit when trial commences?

Order XVIII of the C.P.C. deal with “Hearing of the Suit and Examination of Witnesses”. Issues are framed under Order XIV. At the first hearing of the suit, the Court after reading the plaint and written statement and after examination under Rule 1 of Order XIV is to frame issues. Order XV deals with “Disposal of the Suit at the first hearing”, when it appears that the parties are not in issue of any question of law or a fact. After issues are framed and case is fixed for hearing and the party having right to begin is to produce his evidence, the trial of suit commences. This Court in Vidyabai & Ors. Vs. Padmalatha & Anr., (2009) 2 SCC 409 held that filing of an affidavit in lieu of examination-in-chief of the witnesses amounts to commencement of proceedings. In Paragraph 11 of the judgment, following has been held:-

“11. From the order passed by the learned trial Judge, it is evident that the respondents had not been able to fulfil the said precondition. The question, therefore, which arises for consideration is as to whether the trial had commenced or not. In our opinion, it did.

The date on which the issues are framed is the date of first hearing. Provisions of the Code of Civil Procedure envisage taking of various steps at different stages of the proceeding. Filing of an affidavit in lieu of examination- in-chief of the witness, in our opinion, would amount to “commencement of proceeding”.”

10. Coming to the facts of the present case, it is clear from the record that issues were framed on 17.05.2010 and case was fixed for recording of evidence of plaintiff on 10.08.2010. Plaintiff did not produce the evidence and took adjournment and in the meantime filed an application under Order VI Rule 16 or 17 on 17.01.2011. Thereafter the Court on 26.07.2011 has granted four week’s time as the last opportunity to file the examination-in-chief. It is useful to quote Paragraph 4 of the Order, which is to the following 13 effect:-

4. In view of the above, it is directed as follows:-

(i) Having regard to the delay which has ensued, subject to the plaintiff paying costs of Rs.5,000/- each to the contesting defendant No.1 and 5 within a period of one week, the plaintiff is permitted four weeks time as a last opportunity to file the examination-in-chief of his witnesses on affidavit.

(ii) The matter shall be listed before the Joint Registrar for recording of plaintiffs evidence on 29th August, 2011.

(iii) The case shall be listed before court for direction on 18th January, 2012.

(iv) Needless to say in case IA No. 1001/2011 is allowed, appropriate orders for evidence of the plaintiff would be made.”

11. Thus technically trial commenced when the date was fixed for leading evidence by the plaintiff but actually the amendment application was filed before the evidence was led by the plaintiff. The parties led evidence after the amendment application was filed. In this context, it is necessary to notice the order of the High Court dated 14.02.2014, which records that evidence of both the parties have been concluded. Most important fact to be noticed in the order is that the Court recorded the statement of plaintiff’s counsel that parties have led evidence in view of the amendment sought in the plaint.

Order dated 14.02.2014 is to the following effect:-

“The evidence of both the parties has been concluded. The matter has been listed for final disposal. Learned counsel for the plaintiff has pointed out the order dated 26th July, 2011 wherein observation was made that in case I.A. No. 1001/2011 under Order VI Rule 17 CPC for amendment of the plaint is allowed, appropriate order for evidence of the plaintiff would be made.

As a matter of fact, plaintiffs counsel stated that the parties have also led evidence in view of amendment sought in the plaint and the same covered in the evidence produced by the parties. The defendants, however, alleged that the said amendment was unnecessary and was opposed by the defendants and issue involved in the said circumstances be considered at the time of final hearing of suit as defendant No.1 is more than 85 years old lady, the suit itself be decided.

List this matter in the category of Short cause on 22 May, 2014……”

12. By same order dated 14.02.2014, the Court directed amendment application be taken at the time of final hearing. As noticed above, when plaintiff sought for framing additional issues which application was rejected, the matter was taken before the Division Bench and the Division Bench ultimately has directed the learned Single Judge to consider the amendment application. Subsequently, the amendment application was rejected on 24.10.2016.

13. The Proviso to Order VI Rule 17 prohibited entertainment of amendment application after commencement of the trial with the object and purpose that once parties proceed with the leading of evidence, no new pleading be permitted to be introduced. The present is a case where actually before parties could led evidence, the amendment application has been filed and from the order dated 14.02.2014, it is clear that the plaintiff’s case is that parties has led evidence even on the amended pleadings and plaintiff’s cases was that in view of the fact that the parties led evidence on amended pleadings, the allowing the amendment was mere formality. The defendant in no manner can be said to be prejudiced by the amendments since plaintiff led his evidence on amended pleadings also as claimed by him.

14. This Court in Chander Kanta Bansal Vs. Rajinder Singh Anand, (2008) 5 SCC 117 has noted the object and purpose of amendment made in 2002. In Para 13, following has been held:-

“13. The entire object of the said amendment is to stall filing of applications for amending a pleading subsequent to the commencement of trial, to avoid surprises and the parties had sufficient knowledge of the other’s case. It also helps in checking the delays in filing the applications. Once, the trial commences on the known pleas, it will be very difficult for any side to reconcile. In spite of the same, an exception is made in the newly inserted proviso where it is shown that in spite of due diligence, he could not raise a plea, it is for the court to consider the same. Therefore, it is not a complete bar nor shuts out entertaining of any later application. As stated earlier, the reason for adding proviso is to curtail delay and expedite hearing of cases.”

15. Looking to the object and purpose by which limitation was put on permitting amendment of the pleadings, in substance, in the present case no prejudice can be said to have caused to the defendant since the evidence was led subsequent to the filing of the amendment application. We thus are of the view that looking to the purpose and object of the Proviso, present was a case where it cannot be held that amendment application filed by the plaintiff could not be considered due to bar of the Proviso.

16. Now, we come to the one of the main reason given by the trial court in rejecting the application that the claim was barred by limitation. The Nizamuddin property, which property was sought to be added in the suit for partition was a property, which was sold by respondent No.1 in the year 2000, in which the plaintiff was also one of the witnesses. The trial court took the view that the suit was simplicitor for recovery of money for which limitation is only three years from the date of sale and not twelve years as claimed by the applicant. With regard to the limitation, the plaintiff-appellant relies on Article 110 of the Limitation Act, which is to the following effect:- Article No. Description of Suitt Period of Limitation Time from which period begins to run 110 By a person excluded from a joint family property to enforce a right to share therein. Twelve Years When the exclusion becomes known to the plaintiff

17. Present is not a case of simply recovery of money. Plaintiff’s claim is to enforce a right to share in the Nizamuddin property, which was sold in the year 2000 and according to plaintiff, the limitation is twelve years as per Article 110. The High Court has also noted the order of Additional District Judge holding that claim is barred by time. The High Court refrained from expressing any final opinion on the question of limitation but observed that the view taken by the Additional District Judge is correct. It is relevant to refer to Para 28 of the judgment, which is to the following effect:-

“The learned Additional District Judge in the impugned order has also accepted the contention of the counsel for the respondents/defendants of the relief sought to be added by way of amendment being barred by time and Articles 106 and 110 of the Schedule to the Limitation Act being not applicable. The counsel for the petitioner/plaintiff has been unable to show any precedent that a claim for a definite share in the sale proceeds of, a property would be governed by Articles 106 and Article 110 supra. However, the same being in the nature of entering into the merits of the amendment, I refrain from dealing with the said aspect, though the view taken by the learned Additional District Judge appears to be reasonable and plausible.”

18. In the facts of the present case, final determination as to whether the claim could be held to be barred by time could have been decided only after considering the evidence led by the parties. Whether plaintiff had any share in the property, which was sold in the year 2000 and what was the nature of his share and whether he can claim recovery of his share within twelve years were all the questions on which final adjudication could have been made after considering the evidence and at the stage of considering the amendment in the facts of the present case, it was too early to come to a conclusion that limitation was only three years and not twelve years as claimed by the plaintiff.

The High Court on the one hand refrained from expressing any opinion and on the other hand has expressed his agreement with the view taken by the Additional District Judge rejecting the application as barred by time.

19. While considering the prayer of amendment of the pleadings by a party, this Court in the case of Mahila Ramkali Devi & Ors. Vs. Nandram (Dead) through Legal Representatives & Ors., (2015) 13 SCC 132 has again reiterated the basic principles, which are to be kept in mind while considering such applications in Paragrpahs 20, 21 and 22, which is quoted as below:-

“20. It is well settled that rules of procedure are intended to be a handmaid to the administration of justice. A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of rules of procedure. The court always gives relief to amend the pleading of the party, unless it is satisfied that the party applying was acting mala fide or that by his blunder he had caused injury to his opponent which cannot be compensated for by an order of cost.

21. In our view, since the appellant sought amendment in Para 3 of the original plaint, the High Court ought not to have rejected the application.

22. In Jai Jai Ram Manohar Lal v. National Building Material Supply3, this Court held that the power to grant amendment to pleadings is intended to serve the needs of justice and is not governed by any such narrow or technical limitations.”

20. Although, learned counsel for the parties in their submissions have raised various submissions on the merits of the claim of the parties, which need no consideration by us since the only issue which has to be considered is as to whether the amendment application filed by the plaintiff deserves to be allowed or not. We make it clear that we have neither entered into merits of the claim nor have expressed any opinion on the merits of the claim of either party and it is for the trial court to consider the issues on merits while deciding the suit.

21. Taking into overall consideration of the facts of the present case and specially the fact that evidence by the parties was led after the filing of the amendment application, we are of the view that justice could have been served in allowing the amendment application. We thus allow the appeal and set aside the order of the High Court as well as the order of the Additional District Judge. The amendment application I.A. No. 1001 of 2011 stand allowed. Both the parties have led their evidences and case has already been fixed for hearing, however, to avoid any prejudice to the parties, justice will be served in giving a limited opportunity to the parties to lead additional evidence, if they so desire.

22. We thus direct that the parties may file this order before the trial court within two weeks from today, on receipt of the order, the trial court shall consider on framing of additional issue, if necessary and shall thereafter grant opportunity to the parties to lead additional evidence, if any. The entire exercise shall be completed within three months and thereafter suit be decided finally. The parties shall bear their own costs. We make it clear that we have not expressed any opinion on merits of the case including on the question of applicability of Article 110 of the Limitation Act and all the issues shall be decided on the basis of materials on record without being influenced by any observation made by us.

 (A.K. SIKRI)

 (ASHOK BHUSHAN)

NEW DELHI,

DECEMBER 11, 2017

Trilok Singh Chauhan Vs. Ram Lal (D) through LRS. & Ors[SC 2017 December]

KEYWORDS:- tenant -recovery of rent – damages-

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DATE:-December 11, 2017-

The landlord was clearly insisting on termination of the tenancy and was also mentioning a cause of action of not handing over of the possession. In these circumstances, we are of the view that it cannot be held that there was any waiver of relief of eviction either on the notice or in the suit. Formal prayer has already been added in the plaint seeking possession of shop after eviction which amendment was allowed by the High Court in its judgment dated 05.08.2008.-

ACTS:- U.P. Act No. 13 of 1972

SUPREME COURT OF INDIA

Trilok Singh Chauhan Vs. Ram Lal (D) through LRS. & Ors.

[Civil Appeal No. 20833 of 2017 arising out of SLP (C) No. 33994 of 2014]

ashokbhushan

JUDGMENT

ASHOK BHUSHAN, J.

1. This appeal has been filed against the judgment dated 26.08.2014 of High Court of Uttarakhand in Civil Revision No. 32 of 2010 by which judgment High Court has allowed the Revision and set aside the order passed by the Judge, Small Causes Court directing the eviction of the respondent-tenant with recovery of rent and damages. The landlord aggrieved by the judgment has come up in this appeal.

2. Brief facts of the case, necessary to be noted for deciding this appeal are: The appellant is the owner of Shop No. 46 Adarsh Gram Chauhan Market, Yatra Bus Station, Rishikesh. The respondent is carrying on business of clothe merchant in the shop as tenant. A notice dated 07.09.2001 was issued that respondent has not paid the rent of above-mentioned shop from December, 2000 till present date. The rate of rent was claimed as Rs. 1500/- per month. Notice was given to pay the whole outstanding rent with interest within one month from the receipt of the notice, failing which tenancy shall be treated as terminated. After prescribed period damages at the rate of Rs. 50/- per day were also claimed.

As notice was not replied, the appellant filed a Small Causes Case No. 32 of 2001 in the Court of Additional District Judge praying for recovery of rent with compensation and expenses and any other relief. The written statement was filed by the respondent where he denied the rate of rent to be Rs. 1500/- per month. It was stated that the rate of rent is only Rs. 250/- per month and since October 1994, he is carrying on business of clothe. It was stated that the plaintiff has already received the rent for the month of August, 2001 but he did not issue any receipt. Appellant has stopped to receive the collection of rent from September, 2001.

The respondent forwarded the total rent of Rs. 1250/- for the period of September, 2001 to January, 2002 at the rate of Rs.250/- per month through money order which was denied, stating that ‘it is denied to accept due to this amount is less than the actual amount’. Respondent pleaded that premises is covered by U.P. Act No. 13 of 1972. Trial Court by order dated 13.05.2004 framed ten issues. An application for amendment was filed by appellant for adding a prayer ‘that the plaintiff may be given possession of disputed shop which is stated in the list of property annexed at the end of the plaint after evicting the respondent from the above shop’. The amendment application was although rejected by the Trial Court on 25.4.2007, but the High Court by an order dated 05.08.2008 allowed the amendment application subject to payment of cost of Rs. 3000/-.

3. High Court also allowed three week’s time to respondent to file amended written statement. Additional counter statement was filed by the respondent. Trial Court framed an additional issue on 20.01.2009 which is to the following effect:

“1. Whether the plaintiff has waived to oppose for eviction in his notice dated 07.09.2001? If yes, whether the required relief added by the plaintiff is barred to the limitation as stated in the additional counter statement.”

4. Parties led their evidences before the Trial Court including the documentary evidences. Trial Court after considering the evidences of the parties decided issue No. 1 in favour of the appellant that rate of rent is Rs.1500/- per month. Other issues were also decided in favour of the appellant, consequently, the Trial Court passed a decree of eviction against the respondent-tenant with balance amount of payment of rent and damages at the rate of Rs. 50/- per day.

5. Aggrieved by the above-said judgment, the respondent filed a Revision before the High Court. The Revision filed by the respondent was under Section 25 of the Provincial Small Cause Courts Act, 1887(hereinafter referred to as ‘Act, 1887’). The High Court vide its judgment allowed the Revision and set aside the judgment and decree of the Trial Court holding that rate of rent is Rs. 250/- per month and not Rs. 1500/- per month. High Court also made observation against the landlord that the motive of landlord is to secure the possession back and profit hunting.

6. Learned counsel for the appellant submits that the High Court committed error in upsetting the findings of fact regarding rate of rent which was held by the Trial Court as Rs. 1500/- per month but reversed by the High Court holding it to be Rs. 250/- per month only. It was further stated that the tenant is in possession of shop for nineteen years and although tenancy was terminated by landlord after one month of the service of the notice, appellant could not get the possession of the shop. The counsel for the appellant referring to Page No. 88 and 89 of the paper book submits that Trial Court has given cogent reasons and considered relevant evidence for recording a finding that rate of rent is Rs. 1500/- per month which has been set aside by the High Court.

7. Learned counsel appearing for the respondent, refuting the submission of the learned counsel for the appellant contends that the Trial Court while decreeing the suit had not adverted to the additional issues which were framed by the Trial Court on 20.01.2009. He submits that Trial Court having not adverted to additional issues, the Revisional Court has rightly set aside the judgment and order of the Trial Court and dismissed the suit.

8. We have considered the submissions of the learned counsel for both the parties and perused the record.

9. The basis of judgment of the High Court in setting aside the judgment of the Trial Court is the reversal of the findings regarding rate of rent. As noted above, the case of the plaintiff was that the rate of rent is Rs. 1500/- per month whereas the case of the tenant was that rate of rent was Rs. 250/- per month. The High Court while coming to the conclusion that the rate of rent is Rs. 250/- per month gave following reasonings:

“I have perused the impugned judgment of the trial court and find the force in the argument so submitted by the learned counsel of the revisionist and instead remanding the case and lingering this old litigation further between the parties, I am of the view that no rent due was payable to the landlord at the time of issuing the notice dated 07.09.2001. Relatively, the oral testimony of the landlord is rebutted by the oral testimony of the tenant, revealing the fact that the tenanted premises was taken on the rent to the tune of Rs. 250/- per month with a payment of premium of Rs. 1,20,000/- wherefor no receipt was issued by the landlord to the revisionist.

The fact can not be over sighted that this is in quite prevalent practice in such matters that the landlord takes the lump sump premium from the tenant, as has been taken in the instant case. After taking such a hefty premium, the rent must not be more than what it has been stated way back in the year 1994. No additional reliable testimony has been brought by the landlord on record to create the force in his pleadings.”

10. Learned counsel for the appellant has referred to findings of the Trial Court at Page No. 88 and 89. It is useful to refer to the discussions made by the Trial Court deciding the Issue No. 1, which issue was whether the respondent is tenant in the disputed shop of the plaintiff for the rate of rent, a sum of Rs. 1500/- per month? The discussion of the Trial Court at Page No. 88 to 90 is as follows: “…..In support of the above statement, the plaintiff produced the Evaluation List for the period 2004-2009 issued by the Executive Officer, Nagar Palika, Rishikesh vide document no. 96Ga. Though, it also clearly proves that the rent of above disputed property is equaled to Rs. 1500/- per month. The respondent has not filed any documentary evidence to oppose the above fact which it can be proved that the rent of the above disputed shop is equaled to Rs. 250/- per month in place of Rs. 1500/- month.

It clearly proves from the statements of the above witnesses and the documentary evidence available on record that any written agreement regarding the rent of the questioned property has neither been made between the parties nor filed any rent receipt by the respondent against the payment of rent though it is accepted by both the parties that the plaintiff himself used to come at shop for the collection of rent and the respondent used to acknowledge the entry of this payment of rent in his diary at the shop. The respondent ought to have proved this fact that the rent of the above questioned shop was equaled for sum of Rs. 250/- per month.

The respondent should have produced the above diary, which was important documentary evidence and having under the possession of the respondent and the signatures of the plaintiff were also taken in this diary, therefore, the adverse presumption shall be taken against respondent u/s 114 of the Evidence Act due to having not to produce the above diary. This fact cannot be proved by the respondent; therefore, after analyzing the above facts, I am of the view that there is not present any ground to disbelieve the statement of the plaintiff in which he stated the rent was equaled for sum of Rs. 1500/- per month…..”

11. The findings recorded by the Trial Court were based on evidence brought on record. A reference to Evaluation List for the period 2004-2009 by the Executive Officer, Nagar Palika, Rishikesh vide document No. 96Ga was also mentioned. Trial Court has further drawn an adverse inference against respondent that he had not produced the diary in which acknowledgment of the entry of the payment of rent was made by the appellant. The entire discussion of the High Court as extracted above, does not refer to 9 above two factors which weighed that the Trial Court in coming to the conclusion that rate of rent is Rs. 1500/- per month. We thus are of the clear opinion that High Court committed an error in setting aside the findings of the Trial Court on the rate of rent.

12. The High Court was exercising the jurisdiction under Section 25 of the Act, 1887 which provision is as follows: “Sec. 25. Revision of decrees and orders of Courts of Small Causes: The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit.”

13. The scope of Section 25 of the Act, 1887 came for consideration before this Court on several occasions. In Hari Shankar & Ors. Vs. Rao Girdhari Lal Chowdhury, AIR 1963 SC 698, in Para Nos. 9 and 10, this Court laid down the following:

“9. The section we are dealing with, is almost the same as Section 25 of the Provincial Small Cause Courts Act. That section has been considered by the High Courts in numerous 10 cases and diverse interpretations have been given.

The powers that it is said to confer would make a broad spectrum commencing, at one end, with the view that only substantial errors of law can be corrected under it, and ending, at the other, with a power of interference a little better than what an appeal gives. It is useless to discuss those cases in some of which the observations were probably made under compulsion of certain unusual facts. It is sufficient to say that we consider that the most accurate exposition of the meaning of such sections is that of Beaumont, C.J. (as he then was) in Bell & Co. Ltd. v. Waman Hemraj, (1938) 40 Bom LR 125: (AIR 1938 Bom 223) where the learned Chief Justice, dealing with Section 25 of the Provincial Small Cause Courts Act, observed:

“The object of Section 25 is to enable the High Court to see that there has been no miscarriage of justice, that the decision was given according to law. The section does not enumerate the cases in which the Court may interfere in revision, as does Section 115 of the Code of Civil Procedure, and I certainly do not propose to attempt an exhaustive definition of the circumstances which may justify such interference; but instances which readily occur to the mind are cases in which the Court which made the order had no jurisdiction, or in which the Court has based its decision on evidence which should not have been admitted, or cases where the unsuccessful party has not been given a proper opportunity of being heard, or the burden of proof has been placed on the wrong shoulders.

Wherever the Court comes to the conclusion that the unsuccessful party has not had a proper trial according to law, then the Court can interfere. But, in may opinion, the Court ought not to interfere merely because it thinks that possibly the Judge who heard the case may have arrived at a conclusion which the High Court would not have arrived at.” This observation has our full concurrence.

10. What the learned Chief Justice has said applies to Section 35 of the Act, with which we are concerned. Judged from this point of view, the learned single Judge was not justified in interfering with a plan finding of fact and more so, because he himself proceeded on a wrong assumption.”

14. Another judgment which needs to be noted is judgment of this Court in Mundri Lal Vs. Sushila Rani(Smt) & Anr., (2007) 8 SCC 609. This Court held that jurisdiction under Section 25 of the Act, 1887 is wider than the Revisional Jurisdiction under Section 115 C.P.C. But pure finding of fact based on appreciation of evidence may not be interfered with, in exercise of jurisdiction under Section 25 of the Act, 1887. The Court also explained the circumstances under which, findings can be interfered with in exercise of jurisdiction under Section 25. There are very limited grounds on which there can be interference in exercise of jurisdiction under Section 25; they are, when

(i) Findings are perverse or (ii)based on no material or

(iii) Findings have been arrived at upon taking into consideration the inadmissible evidences or

(iv) Findings have been arrived at without consideration of relevant evidences.

15. Present is not a case where High Court set aside the finding of the Trial Court on any of above grounds where Revisional Court under Section 25 can interfere. High Court has not even referred to the reasons given by the Trial Court while coming to the conclusion that the rate of rent is Rs. 1500/ per month. We thus are of the view that judgment of the High Court is unsustainable.

16. The submission which has been much pressed by the learned counsel for the respondent is that Trial Court has not adverted to the additional issues which were framed by the Judge, Small Causes Court after allowing the amendment. The additional issue was as to whether the plaintiff has waived to oppose for eviction in his notice dated 07.09.2001 and whether the prayer for relief added by the plaintiff is barred by limitation. The notice dated 07.09.2001 brought on record by the appellant as Annexure P.1. Notice after setting out facts and claim in last paragraph states as follows:

“Therefore, you are hereby given the notice that you should pay the whole outstanding rent of my client from December 2000 to till today at the rate of Rs. 1500/- per month with interest within one month from the date of receipt of this notice and the tenancy be terminated and shall be treated as terminate after passing above prescribed period. You shall also be liable to pay the compensation at the rate of Rs. 50/- per day to my client after passing the above limitation and the suit will be filed against you before the competent court, for which you will be sole responsible for all the costs and expenses. You should pay the expenses of notice for sum of Rs. 500/-. You are informed hereby that the copy of this notice has been put into custody at my office for further need. The second copy of this notice is being forwarded to you through U.P.C. Post.”

17. The notice clearly contemplated the termination of the tenancy after expiry of one month. It is relevant to note that the High Court in its judgment has noted the arguments of revisionists regarding non-decision of the additional issues. The High Court noticed the aforesaid submission in following words: “Learned counsel of the revisionist has vehemently argued that none of such added point of determination has been dealt with by the court below in the body of the judgment, much less any finding on either of them….”

18. High Court although noted the above submission but has not proceeded to examine the above contention or recorded any finding in favour of the respondent. Trial Court had already framed Issue No. 9 to the following effect: “Whether the plaintiff has any right to evict the respondent from the disputed property?” The issue was answered in favour of plaintiff.

19. Although, the above argument was not adverted by the High Court but since the respondent has raised the argument before us, it is necessary to consider the above-said argument. The additional issue as noticed above is as to whether by notice dated 07.09.2001 the landlord has waived his right of eviction. From the averments of notice, as quoted above, it is clear that tenancy was terminated and landlord contemplated eviction of the tenant.

We thus are of the view that there is no question of the waiver of eviction. The prayer of eviction which was formally added by amendment can not be said to be barred by time since suit was filed in the year 2001 itself. It was clearly pleaded in the plaint that in spite of the service of notice neither payment of balance amount of rent has been made nor the possession of the shop has been given to the respondent, even after, terminating the tenancy. In para 15 of the plaint following was stated:

“4. That the tenancy of the respondent had been terminated by the plaintiff through above notice but the above shop of the plaintiff had neither been vacated nor entrusted the possession by the respondent. The respondent did not receive this notice deliberately. The denial of acceptance of the service of above notice was recorded on the envelope of above registered post. It was necessary to file the above case due to non-compliance of above notice, do not make the payment of balance amount of rent and do not delegate the possession of the shop to the plaintiff by the respondent even after terminating tenancy.”

20. Thus, the landlord was clearly insisting on termination of the tenancy and was also mentioning a cause of action of not handing over of the possession. In these circumstances, we are of the view that it cannot be held that there was any waiver of relief of eviction either on the notice or in the suit. Formal prayer has already been added in the plaint seeking possession of shop after eviction which amendment was allowed by the High Court in its judgment dated 05.08.2008. We are thus of the view that High Court committed an error in setting aside the judgment and decree of the Judge, Small Causes Court.

21. In result, the appeal is allowed. The judgment and order of the High Court is set aside and decree of the Judge, Small Causes Court is restored. The parties shall bear their own costs.

 (A. K. SIKRI)

 (ASHOK BHUSHAN)

NEW DELHI,

December 11, 2017

Barun Chandra Thakur Vs. Central Bureau of Investigation and Others [ SC 2017 DECEMBER]

KEYWORDS:-Anticipatory bail- interim bail granted-murder of a seven years old student-

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DATE :-DECEMBER 11, 2017-

Acts:-  Offences punishable under Sections 302 read with Section 34 IPC, Section 25 of the Arms Act, Section 75 of the JJ Act and Section 12 of POCSO, Act, 2012  And Section 438(2)(i) to (iv) Cr.P.C.

Thus, as on date, the CBI is yet to examine and analyse the role of the private respondents in this case and there is no evidence of their complicity in the crime and there is not even a pointer of involvement of respondents herein in the alleged crime. Their involvement cannot be established until and unless, there is some substantial evidence against them.

SUPREME COURT OF INDIA

Barun Chandra Thakur Vs. Central Bureau of Investigation and Others

[Criminal Appeal Nos. 2152-2153 of 2017 arising out of Special Leave Petition (CRL.) Nos. 9783-9784 of 2017)

Diary No. 38240 of 2017

O R D E R

rkagrawal

R.K. Agrawal, J.

1. Leave granted.

2. The present appeal is directed against the judgment and order dated 21.11.2017 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Miscellaneous Nos. M-35002 and 35003 of 2017 whereby learned single Judge of the High Court had granted interim bail to Mr. Ryan Pinto, Dr. Augustine Francis Pinto and Mrs. Grace Pinto-the top management executive of the Ryan International School till the presentation of challan subject to certain conditions.

3. Brief facts:

(a) On 08.09.2017, the appellant herein dropped his son Pradyumn Thakur, aged 7 years, and his daughter, Vidhi Thakur to their School, viz., Ryan International School, Bhondsi at 8:00 a.m. At 08:10 a.m., the appellant received a phone call of his wife who asked him to immediately call Ms. Anju Dudeja of the said School. When the appellant contacted Ms. Anju Dudeja, she told him that his son had a cut on his neck and is profusely bleeding. She asked him to reach Badshahpur Hospital where he was being taken.

The appellant, along with his wife, left for Badshahpur Hospital but on the way he received a call from Ms. Anju Dudeja that they were taking the child to Artemis Hospital. On reaching there, the appellant found that there was a cut on the right side of his son’s neck up to the ear and his son was in Emergency Ward. The Doctor informed the appellant that his son Pradyumn had died.

(b) On receipt of the information, the police recorded a First Information Report (FIR) being No. 250 of 2017 dated 3 08.09.2017 at Police Station Bhondsi, Gurugram and arrested one Ashok Kumar, son of Amichand, on the same day. The State Government (Haryana), issued a Notification dated 17.09.2017, requesting the Central Bureau of Investigation (CBI) to take up the investigation. The Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training) Government of India, New Delhi, vide Notification dated 22.09.2017, transferred the investigation of the case to the CBI which re-registered the FIR already registered by the police authorities as case bearing No. RC8(S)/2017/SC-III/New Delhi on 22.09.2017 itself which is a reproduction of the FIR recorded by the police authorities at Police Station Bhondsi, Gurugram.

(c) The private respondents, viz., Mr. Ryan Pinto, Dr. Augustine Francis Pinto and Mrs. Grace Pinto approached the Bombay High Court by filing Anticipatory Bail Application being Nos. 1599 and 1608 of 2017 for grant of transit/ anticipatory bail. Learned single Judge of the High Court of Judicature at Bombay, vide order dated 12.09.2017 in Anticipatory Bail Application No. 1599 of 2017 granted interim stay from arrest of these persons and the matter was posted for 13.09.2017.

On coming to know about the filing of the above anticipatory bail applications, the appellant herein approached the High Court of Bombay by filing the intervention application opposing the transit bail. Learned single Judge of the High Court, vide order dated 14.09.2017, rejected the anticipatory bail applications being Nos. 1599 and 1608 of 2017. However, the interim relief granted by the High Court vide order dated 12.09.2017 was extended till 5:00 p.m. of 15.09.2017 subject to certain conditions.

(d) It may be relevant to mention here that immediately on the next date of the incident, that is, on 09.09.2017, a Resolution was passed by the District Bar Association, Gurugram condemning the brutal and dastardly act of the accused unanimously resolving that no Member of the Bar would appear/represent the accused before the Court or any other Forum. A similar Resolution was passed by the District Bar Association, Sohna.

(e) The private respondents approached the Punjab & Haryana High Court on 15.09.2017 by filing CRM-M Nos. 5 35002 and 35003 of 2017 for grant of interim bail. However, the said petition was accepted by the Registry of the High Court on 17.09.2017 and the copy of the said petition was supplied to the office of learned Advocate General for the State of Haryana on 18.09.2017. It appears that in the meantime, Dr. Augustine Francis Pinto approached this Court by filing a writ petition (criminal) being No. 139 of 2017 seeking transfer of case from the Punjab & Haryana High Court to Delhi which was taken up on 18.09.2017 and this Court disposed of the writ petition while deprecating the practice of the Bar Associations to pass a Resolution of this nature and also recorded the fact that the Bar Associations have withdrawn the Resolution.

(f) CRM-M Nos. 35002 and 35003 of 2017 for grant of interim bail were taken up by the Punjab & Haryana High Court but the effective order was passed only on 28.09.2017 staying the arrest of the private respondents till 07.10.2017 when the matter was directed to be listed. The appellant approached this Court by filing a petition for Special Leave to Appeal being Diary No. 30996 of 2017 which was taken up on 6 13.10.2017 by this Court when learned counsel for the appellant informed this Court that the appeal had become infructuous.

(g) Learned single Judge of the High Court, vide judgment and order dated 07.10.2017 in CRM-M Nos. 35002 and 35003 of 2017, considered the submissions made by the respective parties including that of the appellant and while fixing the cases for 05.12.2017 granted interim bail to the private respondents with certain directions. The operative portion of the order dated 07.10.2017 is reproduced below:-

“It is a case where a student of a school has been murdered. After registration of the case, investigation with CBI is still at initial stage. It is working on the theory of possibilities and trying to analyse certain facts and evidence collected so far in the matter. The petitioner are admittedly resident of Mumbai. The question before the investigation agency is as to whether the provisions of Section 75 of the JJ Act or 12 of POCSO Act are attracted against the petitioner; whether the child was in direct and actual control of petitioners; or they have any other role in this case. Keeping in view the facts discussed above, I find it appropriate to give time to the investigation agency to analyse the evidence before it, look into the role of petitioners in this case and apprise this Court with further progress in the investigation and evidence against petitioners co9llected during investigation.

On behalf of Ryan Augustine Pinto, it has been argued that he has no concern with the Trust running Ryan Schools but a magazine of the Ryan International School, Bhondsi, Gurugram shows that it has a message with his photograph, when he is mentioned as CEO of Ryan International Group. By joining the investigation, petitioner Ryan Augustine Pinto will be in a position to place required material before the CBI regarding allegations against him that he is in management of the school. Consequently, petitioners in both the petitions are directed to join the investigation by the CBI on receipt of notice in this regard.

In the event of their arrest being required, they will be allowed interim bail in case bearing FIR No. RC 8(S)/2017/SC-III/New Delhi dated 22.09.2017 for the offences punishable under Sections 302 read with Section 34 IPC, Section 25 of the Arms Act, Section 75 of the JJ Act and Section 12 of POCSO, Act, 2012 (earlier FIR No. 250 dated 08.09.2017 registered at Police Station Bhondsi, Gurugram) till next date on their furnishing bonds to the satisfaction of Investigation Agency. However, they shall abide by the terms and conditions as envisaged under Section 438(2)(i) to (iv) Cr.P.C. failing which they shall loose the benefit of interim bail allowed to them. Further report relating to investigation be submitted on the next date. List on 05.12.2017.”

(h) The appellant, once again approached this Court by filing petition for Special Leave to Appeal (Criminal) being Nos. 8044-8045 of 2017 challenging the order dated 07.10.2017 passed by learned single Judge of the Punjab & Haryana High Court. This Court, vide order dated 06.11.2017, disposed of the special leave petitions by requesting the High Court to dispose of the bail applications within a period of 10 (ten) days hence. This Court was inclined to made such request as the High Court had granted interim protection to the private respondents under Section 438 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) for a long period. Pursuant to the order dated 06.11.2017 passed by this Court, learned single Judge of the High Court, considered the matter afresh and vide judgment and order dated 21.11.2017, made absolute the interim bail granted on 07.10.2017 to the private respondents till the presentation of the challan subject to certain conditions.

4. We have heard learned counsel for the parties and perused the records.

5. Learned counsel for the appellant contended that the private respondents while approaching the High Court for grant of interim bail/anticipatory bail have concealed and suppressed the material facts. He further contended that the respondents have also committed/indulged in fraud. According to him, they ought to have approached the Sessions Court, Gurugram, instead of directly approaching the High Court when on 15.09.2017, the Resolution passed by the District Bar Associations Gurugram and Sohna dated 09.09.2017 to the effect that no lawyer will represent the accused in the instant matter, stood withdrawn. He further  submitted that the private respondents have committed heinous offence as would be clear from the averments made by the CBI in the reply affidavit filed by it before the High Court. A special reference was made to the following averments:-

“……The interrogation of the petitioner is very much essential in the interest of investigation of the case and also to unearth the larger conspiracy behind the murder of a seven years old boy in his school. Any relief at this stage in the form of anticipatory bail may hamper the course of investigation of the case as there is every possibility that he will misuse the liberty granted by this Hon’ble Court.

(1) That the petitioners is not entitled to relief (s) as prayed for. The petition is misconceived apart from being meritless and hence deserves to be dismissed……” “4(J)-(P) ….Prima facie it seems that the careless attitude of the Management has aided to the murder of Master Pradhyuman in the washroom of the school and accordingly local police arrested two school officials namely Francis Thomas and Jayesh Thomas in the instant case.

10. That the contention of petitioner at paragraph 10 of the petition are opposed by the prosecution on the following grounds:

i) That CBI has taken up the investigation of the case and the investigation of this case is still pending at crucial stage. Larger conspiracy behind the murder of a seven year old boy is yet to be unearthed.

iii) That the possibility of him being members of the conspiracy behind the murder of Master Pradhuman in the washroom of Ryan International School, Sohna Road, Bhondsi, Gurugram on 08.09.2017 and its abetment, destruction of the evidence by him cannot be ruled out as he is within the ambit of investigation and he is to be dealt by the law at par with other accused.

iv) That CBI has taken up the investigation of this case on 22.09.2017, the records of the school management and those of the head office of Ryan International Group of Institutions have not been collected by CBI and the investigation is at a preliminary stage.” Learned counsel, thus, contended that even the CBI, on the materials and possibilities of the involvement of the private respondents, had opposed the plea of grant of interim bail/anticipatory bail, and therefore, the High Court ought not to have granted interim bail to them.

6. Learned senior counsel for the private respondents, however, submitted that from a reading of the FIR registered by the Police Station, Bhondsi, Gurugram, which was re-registered by the CBI, there is no allegation against the private respondents. Learned senior counsel further submitted that even the CBI in the reply affidavit filed before the High Court as also the documents produced before learned single Judge at the time of hearing of the matter does not show any involvement of the private respondents in the alleged offence. He, thus, submitted that the order dated 21.11.2017 passed by learned single Judge does not call for any interference.

7. We have given our thoughtful consideration to the various pleas raised by learned counsel for the parties.

8. In our considered opinion, the private respondents cannot be held guilty of any suppression, concealment or fraud in this matter for the simple reason that the petitions were prepared on 15.09.2017 and accepted by the Registry of the Punjab & Haryana High Court on 17.09.2017. The fact relating to the withdrawal of the Resolution passed by the District Bar Associations, Gurugram and Sohna cannot be said to be in the knowledge of the private respondents. Moreover, this plea had been dealt with by learned single Judge in the order dated 07.10.2017 and had been negated.

9. Further, we cannot lose sight of the fact that this incident had received wide coverage in the media, both electronic and print. In fact, it can be said that there was a trial by media, therefore, when the private respondents have directly approached the High Court for grant of anticipatory/interim bail under Section 438 of the Code, that too when the High Court has concurrent jurisdiction, we cannot find any fault with the action of the private respondents.

10. Coming to the merits of the case, on going through the FIR registered by the Police Station, Bhondsi dated 08.09.2017 which admittedly has been re-registered by the CBI, we find that no allegation has been made against the private respondents herein. Learned single Judge of the High Court, after considering the material and evidence on record as also the material produced by the CBI before it has held as under:-

“14. From the submissions of learned retainer counsel for CBI, it appears that against petitioners investigation of the case and the evidence collected by investigating agency stand at the same stage as it was on 07.10.2017. While allowing interim relief to the petitioners on 28.09.2017, it was ordered that if required, petitioners will be called and joined in investigation of the case, however, till 07.10.2017, they were never called to join the investigation. Vide order dated 07.10.2017, petitioners in both the petitions were directed to join the investigation on receipt of notice in this regard and it has been fairly conceded that no notice calling upon the petitioners to join investigation have been issued till date.”

16. In para 9 of preliminary submissions, it has again been submitted that here is possibility of petitioners being member of conspiracy behind the crime in this case. In para 12 of the para-wise reply, it has been stated that CBI has yet to examine and analyze the role of petitioners in this case. Similar pleas have also been raised in the reply filed in petition CRM-M-35002-2017.

17. The question, which arise for consideration at this stage is as to whether CBI intends to arrest petitioner without any evidence of their complicity in the crime only on the basis of possibilities and probabilities. The answer to this question will be in negative. It is not disputed that in the investigation conducted so far, there is not even a pointer of involvement of petitioners in the crime in this case. Some lapse or negligence on the part of school management or even of the trustees or other office bearer of the school if found at any point of time, may not be a pointer towards their complicity in commission of murder of a school student, until and unless there is some substantial evidence of their involvement in this crime.

While passing order dated 07.10.2017, it was observed that CBI “is working on the theory of possibilities and trying to analyze certain facts and evidence collected so far in the mater, as such, it will be appropriate to give time to investigating agency to analyze the evidence before it, look into the role of petitioners in this case and apprise this Court with further progress in the investigation and evidence against petitioners collected during investigation. Till date, status of investigation against the petitioners is at the same stage as it was on the date of passing of order dated 07.10.2017.

It is a case where a seven years old student of the school was brutally murdered in the school. It is not only an unfortunate incident but also a gruesome and heinous crime and the State Government thought it appropriate to hand over the investigation of the case to CBI, a premier investigating agency of the country. As admitted by learned counsel representing CBI, petitioners have not ever been called for joining the investigation and CBI has arrested a student of the school as main accused for murder of Pradyumn and is concentrating on his role in committing the crime.

It has not come on record that this crime committed by the conductor (Ashok), who was arrested by the police on the day of occurrence or the student arrested by the CBI in this case, in conspiracy with the petitioners or he had ever any contact with them. Petitioners Dr. Augustine Francis Pinto and Mrs. Grace Pinto (in CRM-M-35003-2017) are trustees of Saint Xavier’s Education Trust, which is running several school in the country. The status of petitioner Ryan Augustine Pinto (in CM-M-35002-2017) with regard to the management of the school in which crime was committed is yet to be ascertained. It will also be a point of investigation for the Investigating Agency as to whether the petitioners, while living in Mumbai, are directly responsible for any lapse of the Administration in the School.

11. Thus, as on date, the CBI is yet to examine and analyse the role of the private respondents in this case and there is no evidence of their complicity in the crime and there is not even a pointer of involvement of respondents herein in the alleged crime. Their involvement cannot be established until and unless, there is some substantial evidence against them.

Learned single Judge, while granting interim bail to the private respondents till the presentation of Challan had laid down certain conditions which are as follows:- “As a result of my above discussion, I find merits in both the petitions and the same are allowed. Order dated 07.10.2017 granting interim bail to the petitioners is made absolute, till the presentation of Challan, subject to the following terms:-

(i) that the petitioners shall make themselves available for interrogation by the investigating agency as and when required;

(ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to investigating agency;

(iii) that the petitioners shall not leave India without the prior permission of the Court.

(iv) that the petitioners will seek regular bail on the presentation of Challan in Court.”

12. In our considered opinion, without expressing anything on the merits of the case as the investigation is still under progress and the CBI is yet to come to a conclusion regarding the involvement of the private respondents in the crime, the private respondents herein have made out a case for grant of protection by way of interim bail till the presentation of Challan by the CBI as has been passed by learned single Judge. Therefore, the order passed by learned single Judge granting interim bail to the answering respondents till the presentation of Challan cannot be faulted with.

13. In view of the foregoing discussion, we therefore, do not find any good ground to interfere with the order dated 21.11.2017 passed by learned single Judge of the High Court. The appeal is dismissed. However, the parties shall bear their own costs.

(R.K. AGRAWAL)

 (ABHAY MANOHAR SAPRE)

NEW DELHI;

DECEMBER 11, 2017

Ran Vijay Singh & Ors. Vs. State of Uttar Pradesh & Ors [SC 2017 DECEMBER]

KEYWORDS:- Education Services Selection Board – Trained Graduate Teachers – Evaluation of answer sheet-

Capture

December 11, 2017

  • DIRECTION ISSUED ON EVALUATION OF ANSWER SHEET
  • A judge might have a difference of opinion with another judge, but that does not give him or her any right to ignore the contrary view. In the event of a difference of opinion, the procedure sanctified by time must be adhered to so that there is demonstrated respect for the rule of law.

ACTS :- Uttar Pradesh Secondary Education Services Selection Board Act, 1982

Ran Vijay Singh & Ors. Vs. State of Uttar Pradesh & Ors.

[Civil Appeal No. 367 of 2017]

[Civil Appeal Nos. 355, 354, 356-357, 358 and 366 of 2017]

Madan B. Lokur, J

1. What a mess! This is perhaps the only way to describe the events that have transpired in the examination conducted by the U.P. Secondary Education Services Selection Board. We have reached the present stage of judgment after eight long years of uncertainty for, and three evaluations of the answer sheets of, more than 36,000 candidates who took the examination for recruitment as Trained Graduate Teachers way back in January 2009. Hopefully today, their travails, as those of the U.P. Secondary Education Services Selection Board, will come to a satisfactory end.

2. On 15th January, 2009 the U.P. Secondary Education Services Selection Board (for short the “Board”) published an advertisement inviting applications for recruitment to the post of Trained Graduate Teachers in Social Science. The recruitment was to be in accordance with the provisions of the U.P. Secondary Education Services Selection Board Act, 1982 and the Rules framed thereunder.

3. More than 36,000 candidates took the written examination held pursuant to the advertisement and the result of the written examination was declared by the Board on 18th June, 2010. It may be mentioned that the written examination was based on multiple choice answers which were to be scanned on OMR sheets.

4. The candidates who qualified in the written examination were called for an interview held between 16th and 26th July, 2010. Eventually, the combined result (written examination and interview) was declared on 14th September, 2010. According to the appellants, they were successful in the written examination as well as in the interview and were amongst those who were in the select list for recruitment.

5. Some candidates who were not successful in the written examination or in the interview filed writ petitions in the Allahabad High Court between 2010 and 2011. All these writ petitions were dismissed by a learned Single Judge. The reasons for dismissal of these writ petitions were that there was no provision for re-evaluation of the answer sheets in the Uttar Pradesh Secondary Education Services Selection Board Act, 1982 or the Rules framed thereunder. Reliance was also placed by the learned Single Judge for dismissing writ petitions on the decision of this Court in Himachal Pradesh Public Service Commission v. Mukesh Thakur1 in which this Court considered a large number of its earlier decisions and held: “Thus, the law on the subject emerges to the effect that in the absence of any provision under the statute or statutory rules/regulations, the Court should not generally direct revaluation.”

6. Another batch of writ petitions (having writ petitioners) came to be listed before another learned Single Judge of the High Court. The subject and issues were the same and the learned Single Judge admitted these writ petitions for final hearing notwithstanding the dismissal of several similar petitions. The challenge made by the writ petitioners was to seven questions/answers in the written examination which, according to them, had incorrect key answers. The learned Single Judge personally examined those seven questions and concluded that:

(a) The correct answer of question no. 24 in History paper would be option (1).

(b) For question no. 25, History paper, option (2) is correct.

(c) Option (2) is the correct answer of question no. 36 of History paper.

(d) Option (2) is correct answer in respect to question no. 37 of History paper.

(e) Question no. 40 of History paper is wrongly framed.

(f) In question no. 43, there may be two correct answers, i.e. options (1) and (3).

(g) In question no.32 of Civics Paper, option (3) would be the correct answer.

The learned Single Judge then proceeded to observe: “It cannot be doubted that being a selection body for appointment of Teachers in Secondary Schools, the Selection Board was under a pious as well as statutory obligation to hold selection very carefully, meticulously and in the most honest and correct manner. The job of Selection Board could not have been completed by mere holding a selection without caring whether examination is being conducted correctly and properly, whether all the questions have been framed in a proper manner, whether the answer(s), if it is multiple choice examination, have been given with due care and caution so as to leave no scope of error or mistake therein etc.

In fact if such a mistake is committed, it causes a multi-edged injury to an otherwise studious, intelligent and well conversant student who understand the subject, well knows the relevant details and correct answers but suffers due to sheer negligence of the examining body. The obligation of examining body cannot be allowed to whittle out in any manner for any reason whatsoever. For the fault of examining body, a candidate cannot be made to suffer.”

7. On this basis, the learned Single Judge passed a judgment and order dated 8th February, 2012 directing re-examination of the answer sheets of these 77 writ petitioners. It was further directed that in case these writ petitioners are selected then those at the bottom of the select list would automatically have to be pushed out.

8. In must be recorded that the learned Single Judge did refer to and cite several decisions of this Court on the subject or re-evaluation but unfortunately did not appreciate the law laid down. The learned Single Judge relied on Manish Ujwal v. Maharishi Dayanand Saraswati University2 but failed to appreciate that the six disputed answers under consideration in that case were demonstrably wrong and this was not in dispute and even the learned counsel appearing for the University did not question this fact. The decision is clearly distinguishable on facts.

9. Be that as it may, the issue that remained in Manish Ujwal was of the appropriate orders to be passed. While considering this, the following cautionary measures were suggested: “….it is necessary to note that the University and those who prepare the key answers have to be very careful and abundant caution is necessary in these matters for more than one reason. We mention few of those; first and paramount reason being the welfare of the student as a wrong key answer can result in the merit being made a casualty. One can well understand the predicament of a young student at the threshold of his or her career if despite giving correct answer, the student suffers as a result of wrong and demonstrably erroneous key answers; the second reason is that the courts are slow in interfering in educational matters which, in turn, casts a higher responsibility on the University while preparing the key answers; and thirdly, in cases of doubt, the benefit goes in favour of the University and not in favour of the students.”

10. Feeling aggrieved by the decision of the learned Single Judge, the Board preferred Special Appeal No. 442 of 2012 before the Division Bench of the High Court. Some candidates also preferred Special Appeals directed against the judgment and order dated 8th February, 2012. The Special Appeal filed by the Board was dismissed by a Division Bench of the High Court on 13th March, 2012. In some other Special Appeal filed by a candidate, it was stated by the Board on 11th April, 2012 that the answer sheets of all the candidates would be re-evaluated in the light of the judgment of the learned Single Judge.

11. Following up on this, the judgment and order passed by the learned Single Judge was implemented on 10th September, 2012 and the re-evaluated results of the written examination of all candidates were declared. As a result of the re-evaluation, it appears that some candidates, who were declared successful in the combined result declared on 14th September, 2010 were now declared unsuccessful. The appellants before us were not affected by the re-evaluation of the written examination and continued in the select list.

12. Thereafter, a set of petitions was filed including some before this Court and eventually it came to pass that those aggrieved by the order passed by the Division Bench on 13th March, 2012 could file review petitions.

13. On 12th May, 2014 the Board published the final select list of candidates who had qualified in the written examination as well as in the interview. In this final select list, the appellants did not find a place and, therefore, they challenged the order of the learned Single Judge dated 8th February, 2012. According to the appellants the learned Single Judge had incorrectly re-evaluated the seven disputed questions and had arrived at incorrect answers to these questions.

14. The Division Bench heard all the review petitions as well as the appeals and passed an order dated 28th April, 2015 referring the seven disputed questions/answers for consideration by a one-man Expert Committee. On or about 18th May, 2015 the Expert Committee gave its Report to which the appellants filed objections. Eventually, by the judgment and order dated 2nd November, 2015 the Division Bench directed a fresh evaluation of the answer sheets on the basis of the Report of the Expert Committee. This decision of the Division Bench is under challenge before us.

15. During the pendency of the appeals in this Court, the third re-evaluation was completed by the Board. The result of the third re-evaluation has been kept in a sealed cover. The sealed cover was initially filed before us but later returned to learned counsel for the Board.

16. We are pained that an examination for recruitment of Trained Graduate Teachers advertised in January, 2009 has still not attained finality even after the passage of more than eight years. The system of holding public examinations needs to be carefully scrutinised and reviewed so that selected candidates are not drawn into litigation which could go on for several years. Be that as it may, we have still to tackle the issues before us.

17. It was submitted by learned counsel for the appellants that the Uttar Pradesh Secondary Education Services Selection Board Act, 1982 and the Rules framed thereunder do not provide for any re-evaluation of the answer sheets and, therefore, the learned Single Judge ought not to have undertaken that exercise at all. Reference was made to the following passage from Mukesh Thakur which considered several decisions on the subject and held: “In view of the above, it was not permissible for the High Court to examine the question papers and answer sheets itself, particularly, when the Commission had assessed the inter se merit of the candidates.

If there was a discrepancy in framing the question or evaluation of the answer, it could be for all the candidates appearing for the examination and not for Respondent 1 only. It is a matter of chance that the High Court was examining the answer sheets relating to Law. Had it been other subjects like Physics, Chemistry and Mathematics, we are unable to understand as to whether such a course could have been adopted by the High Court. Therefore, we are of the considered opinion that such a course was not permissible to the High Court.”

18. A complete hands-off or no-interference approach was neither suggested in Mukesh Thakur nor has it been suggested in any other decision of this Court – the case law developed over the years admits of interference in the results of an examination but in rare and exceptional situations and to a very limited extent.

19. In Kanpur University v. Samir Gupta3 this Court took the view that “…. the key answer should be assumed to be correct unless it is proved to be wrong and that it should not be held to be wrong by an inferential process of reasoning or by a process of rationalisation. It must be clearly demonstrated to be wrong, that is to say, it must be such as no reasonable body of men well-versed in the particular subject would regard as correct.”

In other words, the onus is on the candidate to clearly demonstrate that the key answer is incorrect and that too without any inferential process or reasoning. The burden on the candidate is therefore rather heavy and the constitutional courts must be extremely cautious in entertaining a plea challenging the correctness of a key answer. To prevent such challenges, this Court recommended a few steps to be taken by the examination authorities and among them are:

(i) Establishing a system of moderation;

(ii) Avoid any ambiguity in the questions, including those that might be caused by translation; and

(iii) Prompt decision be taken to exclude the suspect question and no marks be assigned to it.

20. Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupeshkumar Sheth4 is perhaps the leading case on the subject and concerned itself with Regulation 104 of the Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1977 which reads: “104. Verification of marks obtained by a candidate in a subject.-

(1) Any candidate who has appeared at the Higher Secondary Certificate examination may apply to the Divisional Secretary for verification of marks in any particular subject. The verification will be restricted to checking whether all the answers have been examined and that there has been no mistake in the totalling of marks for each question in that subject and transferring marks correctly on the first cover page of the answer book and whether the supplements attached to the answer book mentioned by the candidate are intact. No revaluation of the answer book or supplements shall be done.

(2) Such an application must be made by the candidate through the head of the junior college which presented him for the examination, within two weeks of the declaration of the examination results and must be accompanied by a fee of Rs 10 for each subject. (3) No candidate shall claim, or be entitled to revaluation of his answers or disclosure or inspection of the answer books or other documents as these are treated by the Divisional Board as most confidential.”

21. The question before this Court was: Whether, under law, a candidate has a right to demand an inspection, verification and revaluation of answer books and whether the statutory regulations framed by the Maharashtra State Board of Secondary and Higher Secondary Education governing the subject insofar as they categorically state that there shall be no such right can be said to be ultra vires, unreasonable and void.

22. This Court noted that the Bombay High Court, while dealing with a batch of 39 writ petitions, divided them into two groups:

(i) Cases where a right of inspection of the answer sheets was claimed;

(ii) Cases where a right of inspection and re-evaluation of answer sheets was claimed.

With regard to the first group, the High Court held the above Regulation 104(3) as unreasonable and void and directed the concerned Board to allow inspection of the answer sheets. With regard to the second group of cases, it was held that the above Regulation 104(1) was void, illegal and manifestly unreasonable and therefore directed that the facility of re-evaluation should be allowed to those examinees who had applied for it.

23. In appeal against the decision of the High Court, it was held by this Court that the principles of natural justice are not applicable in such cases. It was held that: “The principles of natural justice cannot be extended beyond reasonable and rational limits and cannot be carried to such absurd lengths as to make it necessary that candidates who have taken a public examination should be allowed to participate in the process of evaluation of their performances or to verify the correctness of the evaluation made by the examiners by themselves conducting an inspection of the answer books and determining whether there has been a proper and fair valuation of the answers by the examiners.”

24. On the validity of the Regulations, this Court held that they were not illegal or unreasonable or ultra vires the rule making power conferred by statute. It was then said: of “The Court cannot sit in judgment over the wisdom of the policy evolved by the Legislature and the subordinate regulation-making body. It may be a wise policy which will fully effectuate the purpose of the enactment or it may be lacking in effectiveness and hence calling for revision and improvement. But any drawbacks in the policy incorporated in a rule or regulation will not render it ultra vires and the Court cannot strike it down on the ground that, in its opinion, it is not a wise or prudent policy, but is even a foolish one, and that it will not really serve to effectuate the purposes of the Act.

The Legislature and its delegate are the sole repositories of the power to decide what policy should be pursued in relation to matters covered by the Act and there is no scope for interference by the Court unless the particular provision impugned before it can be said to suffer from any legal infirmity, in the sense of its being wholly beyond the scope of the regulation-making power or its being inconsistent with any of the provisions of the parent enactment or in violation of any of the limitations imposed by the Constitution. None of these vitiating factors are shown to exist in the present case…..”.

It was also noted by this Court that: “..the High Court has ignored the cardinal principle that it is not within the legitimate domain of the Court to determine whether the purpose of a statute can be served better by adopting any policy different from what has been laid down by the Legislature or its delegate and to strike down as unreasonable a bye-law (assuming for the purpose of discussion that the impugned regulation is a bye-law) merely on the ground that the policy enunciated therein does not meet with the approval of the Court in regard to its efficaciousness for implementation of the object and purposes of the Act.”

25. Upholding the validity of Regulation 104, this Court then proceeded on the basis of the plain and simple language of the Regulation to hold that “The right of verification conferred by clause (1) is subject to the limitation contained in the same clause that no revaluation of the answer books or supplements shall be done and the further restriction imposed by clause (3), prohibiting disclosure or inspection of the answer books.”

This Court then concluded the discussion by observing: “As has been repeatedly pointed out by this Court, the Court should be extremely reluctant to substitute its own views as to what is wise, prudent and proper in relation to academic matters in preference to those formulated by professional men possessing technical expertise and rich experience of actual day-to-day working of educational institutions and the departments controlling them.

It will be wholly wrong for the Court to make a pedantic and purely idealistic approach to the problems of this nature, isolated from the actual realities and grass root problems involved in the working of the system and unmindful of the consequences which would emanate if a purely idealistic view as opposed to a pragmatic one were to be propounded. It is equally important that the Court should also, as far as possible, avoid any decision or interpretation of a statutory provision, rule or bye-law which would bring about the result of rendering the system unworkable in practice. It is unfortunate that this principle has not been adequately kept in mind by the High Court while deciding the instant case.”

26. In Pramod Kumar Srivastava v. Chairman, Bihar Public Service Commission the question under consideration was whether the High Court was right in directing re-evaluation of the answer book of a candidate in the absence of any provision entitling the candidate to ask for re-evaluation. This Court noted that there was no provision in the concerned Rules for re-evaluation but only a provision for scrutiny of the answer book “wherein the answer-books are seen for the purpose of checking whether all the answers given by a candidate have been examined and whether there has been any mistake in the totalling of marks of each question and noting them correctly on the first cover page of the answer-book.” This Court reiterated the conclusion in Paritosh Bhupeshkumar Sheth that “in the absence of a specific provision conferring a right upon an examinee to have his answer-books re-evaluated, no such direction can be issued.”

27. The principle laid down by this Court in Paritosh Bhupeshkumar Sheth was affirmed in Secy., W.B. Council of Higher Secondary Education v. Ayan Das and it was reiterated that there must be finality attached to the result of a public examination and in the absence of a statutory provision re-evaluation of answer scripts cannot be permitted and that it could be done only in exceptional cases and as a rarity. Reference was also made to Pramod Kumar Srivastava v. Chairman, Bihar Public Service Commission, Board of Secondary Education v. Pravas Ranjan Panda7 and President, Board of Secondary Education v. D. Suvankar8.

28. The facts in Central Board of Secondary Education v. Khushboo Shrivastava9 are rather interesting. The respondent was a candidate in the All India Pre-Medical/Pre-Dental Entrance Examination, 2007 conducted by the Central Board of Secondary Education (for short “the CBSE”). Soon after the results of the examination were declared, she applied for re-evaluation of her answer sheets. The CBSE declined her request since there was no provision for this. She then filed a writ petition in the Patna High Court and the learned Single Judge called for her answer sheets and on a perusal thereof and on comparing her answers with the model or key answers concluded that she deserved an additional two marks. The view of the learned Single Judge was upheld by the Division Bench of the High Court.

29. In appeal, this Court set aside the decision of the High Court and reiterating the view already expressed by this Court from time to time and allowing the appeal of the CBSE it was held: “We find that a three-Judge Bench of this Court in Pramod Kumar Srivastava v. Bihar Public Service Commission has clearly held relying on Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupeshkumar Sheth that in the absence of any provision for the re-evaluation of answer books in the relevant rules, no candidate in an examination has any right to claim or ask for re-evaluation of his marks.

The decision in Pramod Kumar Srivastava v. Bihar Public Service Commission was followed by another three-Judge Bench of this Court in Board of Secondary Education v. Pravas Ranjan Panda in which the direction of the High Court for re-evaluation of answer books of all the examinees securing 90% or above marks was held to be unsustainable in law because the regulations of the Board of Secondary Education, Orissa, which conducted the examination, did not make any provision for re-evaluation of answer books in the rules. In the present case, the bye-laws of the All India Pre-Medical/Pre-Dental Entrance Examination, 2007 conducted by the CBSE did not provide for re-examination or re-evaluation of answer sheets.

Hence, the appellants could not have allowed such re-examination or re-evaluation on the representation of Respondent 1 and accordingly rejected the representation of Respondent 1 for re-examination/re-evaluation of her answer sheets…… In our considered opinion, neither the learned Single Judge nor the Division Bench of the High Court could have substituted his/its own views for that of the examiners and awarded two additional marks to Respondent 1 for the two answers in exercise of powers of judicial review under Article 226 of the Constitution as these are purely academic matters. …..”

30. The law on the subject is, therefore quite clear and we only propose to highlight a few significant conclusions.

They are:

(i) If a statute, Rule or Regulation governing an examination permits the re-evaluation of an answer sheet or scrutiny of an answer sheet as a matter of right, then the authority conducting the examination may permit it;

(ii) If a statute, Rule or Regulation governing an examination does not permit re-evaluation or scrutiny of an answer sheet (as distinct from prohibiting it) then the Court may permit re-evaluation or scrutiny only if it is demonstrated very clearly, without any “inferential process of reasoning or by a process of rationalisation” and only in rare or exceptional cases that a material error has been committed;

(iii) The Court should not at all re-evaluate or scrutinize the answer sheets of a candidate – it has no expertise in the matter and academic matters are best left to academics;

(iv) The Court should presume the correctness of the key answers and proceed on that assumption; and

(v) In the event of a doubt, the benefit should go to the examination authority rather than to the candidate.

31. On our part we may add that sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of an answer sheet. If an error is committed by the examination authority, the complete body of candidates suffers. The entire examination process does not deserve to be derailed only because some candidates are disappointed or dissatisfied or perceive some injustice having been caused to them by an erroneous question or an erroneous answer. All candidates suffer equally, though some might suffer more but that cannot be helped since mathematical precision is not always possible. This Court has shown one way out of an impasse – exclude the suspect or offending question.

32. It is rather unfortunate that despite several decisions of this Court, some of which have been discussed above, there is interference by the Courts in the result of examinations. This places the examination authorities in an unenviable position where they are under scrutiny and not the candidates. Additionally, a massive and sometimes prolonged examination exercise concludes with an air of uncertainty.

While there is no doubt that candidates put in a tremendous effort in preparing for an examination, it must not be forgotten that even the examination authorities put in equally great efforts to successfully conduct an examination. The enormity of the task might reveal some lapse at a later stage, but the Court must consider the internal checks and balances put in place by the examination authorities before interfering with the efforts put in by the candidates who have successfully participated in the examination and the examination authorities.

The present appeals are a classic example of the consequence of such interference where there is no finality to the result of the examinations even after a lapse of eight years. Apart from the examination authorities even the candidates are left wondering about the certainty or otherwise of the result of the examination – whether they have passed or not; whether their result will be approved or disapproved by the Court; whether they will get admission in a college or University or not; and whether they will get recruited or not. This unsatisfactory situation does not work to anybody’s advantage and such a state of uncertainty results in confusion being worse confounded. The overall and larger impact of all this is that public interest suffers.

33. The facts of the case before us indicate that in the first instance the learned Single Judge took it upon himself to actually ascertain the correctness of the key answers to seven questions. This was completely beyond his jurisdiction and as decided by this Court on several occasions, the exercise carried out was impermissible. Fortunately, the Division Bench did not repeat the error but in a sense, endorsed the view of the learned Single Judge, by not considering the decisions of this Court but sending four key answers for consideration by a one-man Expert Committee.

34. Having come to the conclusion that the High Court (the learned Single Judge as well as the Division Bench) ought to have been far more circumspect in interfering and deciding on the correctness of the key answers, the situation today is that there is a third evaluation of the answer sheets and a third set of results is now ready for declaration. Given this scenario, the options before us are to nullify the entire re-evaluation process and depend on the result declared on 14th September, 2010 or to go by the third set of results. Cancelling the examination is not an option. Whichever option is chosen, there will be some candidates who are likely to suffer and lose their jobs while some might be entitled to consideration for employment.

35. Having weighed the options before us, we are of opinion that the middle path is perhaps the best path to be taken under the circumstances of the case. The middle path is to declare the third set of results since the Board has undertaken a massive exercise under the directions of the High Court and yet protect those candidates may now be declared unsuccessful but are working as Trained Graduate Teachers a result of the first or the second declaration of results. It is also possible that consequent upon the third declaration of results some new candidates might get selected and should that happen, they will need to be accommodated since they were erroneously not selected on earlier occasions.

36. Learned counsel for the appellants contended before us that in case her clients are not selected after the third declaration of results, they will be seriously prejudiced having worked as Trained Graduate Teachers for several years. However, with the middle path that we have chosen their services will be protected and, therefore, there is no cause for any grievance by any of the appellants. Similarly, those who have not been selected but unfortunately left out they will be accommodated.

37. As a result of our discussion and taking into consideration all the possibilities that might arise, we issue the following directions:

(1) The results prepared by the Board consequent upon the decision dated 2nd November, 2015 of the High Court should be declared by the Board within two weeks from today.

(2) Candidates appointed and working as Trained Graduate Teachers pursuant to the declaration of results on the earlier occasions, if found unsuccessful on the third declaration of results, should not be removed from service but should be allowed to continue.

(3) Candidates now selected for appointment as Trained Graduate Teachers (after the third declaration of results) should be appointed by the State by creating supernumerary posts. However, these newly appointed Trained Graduate Teachers will not be entitled to any consequential benefits.

38. Before concluding, we must express our deep anguish with the turn of events whereby the learned Single Judge entertained a batch of writ petitions, out of which these appeals have arisen, even though several similar writ petitions had earlier been dismissed by other learned Single Judge(s). Respect for the view taken by a coordinate Bench is an essential element of judicial discipline. A judge might have a difference of opinion with another judge, but that does not give him or her any right to ignore the contrary view. In the event of a difference of opinion, the procedure sanctified by time must be adhered to so that there is demonstrated respect for the rule of law.

39. With the above directions, the appeals and miscellaneous applications are disposed of.

 (Madan B. Lokur)

 (Deepak Gupta)

New Delhi;

December 11, 2017

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL, 2017

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TO BE INTRODUCED IN LOK SABHA

Bill No. 247 of 2017

A BILL to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—

 

 

CHAPTER I
PRELIMINARY

Short title, extent and commencement.

1. (1) This Act may be called the Muslim Women (Protection of Rights on Marriage)
Act, 2017.
(2) It shall extend to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Definitions.

2. In this Act, unless the context otherwise requires,—

(a) “electronic form” shall have the same meaning as assigned to it in clause (r)
of sub-section (1) of section 2 of the Information Technology Act, 2000;

(b) “talaq” means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband; and

(c) “Magistrate” means a Magistrate of the First Class exercising jurisdiction under the Code of Criminal Procedure, 1973, in the area where a married Muslim woman resides.

CHAPTER II
DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

3. Any pronouncement of talaq by a person upon his wife, by words, either spoken
or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

4. Whoever pronounces talaq referred to in section 3 upon his wife shall be punished
with imprisonment for a term which may extend to three years and fine.

CHAPTER III
PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN

5. Without prejudice to the generality of the provisions contained in any other law for the time being in force, a married Muslim woman upon whom talaq is pronounced, shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children as may be determined by the Magistrate.

6. Notwithstanding anything contained in any other law for the time being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.

7. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act shall be cognizable and non-bailable within the meaning of the said Code


 

STATEMENT OF OBJECTS AND REASONS

The Supreme Court in the matter of Shayara Bano Vs. Union of India and others and other connected matters, on 22nd August, 2017, in a majority judgement of 3:2, set aside the practice of talaq-e-biddat (three pronouncements of talaq, at one and the same time) practiced by certain Muslim husbands to divorce their wives. This judgement gave a boost to liberate Indian Muslim women from the age-old practice of capricious and whimsical method of divorce, by some Muslim men, leaving no room for reconciliation.

2.The petitioner in the above said case challenged, inter alia, talaq-e-biddat on the ground that the said practice is discriminatory and against dignity of women. The judgement vindicated the position taken by the Government that talaq-e-biddat is against constitutional morality, dignity of women and the principles of gender equality, as also against gender equity guaranteed under the Constitution. The All India Muslim Personal Law Board (AIMPLB), which was the 7th respondent in the above case, in their affidavit, inter alia, contended that it was not for the judiciary to decide matters of religious practices such as talaq-e-biddat, but for the legislature to make any law on  the same. They had also submitted in the Supreme Court that they would issue advisories to the members of the community against this practice.

3. In spite of the Supreme Court setting aside talaq-e-biddat, and the assurance of AIMPLB, there have been reports of divorce by way of talaq-e-biddat from different parts of the country. It is seen that setting aside talaq-e-biddat by the Supreme Court has not worked as any deterrent in bringing down the number of divorces by this practice among certain Muslims. It is, therefore, felt that there is a need for State action to give effect to the order of the Supreme Court and to redress the grievances of victims of illegal divorce.

4. In order to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation is necessary to give some relief to them. The Bill proposes to declare pronouncement of talaq-e-biddat by Muslim husbands void and illegal in view of the Supreme Court verdict. Further, the illegal act of pronouncing talaq-e-biddat shall be a punishable offence. This is essential to prevent this form of divorce, wherein the wife does not have any say in severing the marital relationship. It is also proposed to provide for matters such as subsistence allowance from the husband for the livelihood and daily supporting needs of the wife, in the event of husband pronouncing talaq-e-biddat, and, also of the dependent children. The wife would also be entitled to custody of minor children.

5. The legislation would help in ensuring the larger Constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment.

6. The Bill seeks to achieve the above objects.

NEW DELHI;                                                                                  RAVI SHANKAR PRASAD.

The 15th December, 2017.

Union of India and Ors. Vs. Balbir Singh Turn & ANR [SC 2017 December]

KEYWORDS:- Central Pay Commission-

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December 08, 2017-

SUPREME COURT OF INDIA

Union of India and Ors. Vs. Balbir Singh Turn & ANR.

[Civil Appeal Diary No. 3744 of 2016] [Civil Appeal Diary No. 5183 of 2017] [Civil Appeal Diary No. 5184 of 2017] [Civil Appeal Diary No. 6249 of 2017] [Civil Appeal Diary No. 7888 of 2017] [Civil Appeal Diary No. 18265 of 2016] [Civil Appeal No. 244 of 2017] [Civil Appeal Diary No. 31768 of 2016] [Civil Appeal Diary No. 38019 of 2016] [Civil Appeal Diary No. 42810 of 2016] [Civil Appeal Diary No. 42879 of 2016] [Diary No. 4546 of 2017] [Diary No. 11491 of 2017] [Diary No. 11871 of 2017] [Diary No. 13664 of 2017] [Diary No. 13665 of 2017] [Diary No. 13666 of 2017] [Diary No. 18186 of 2017] [Diary No. 18048 of 2017] [Diary No. 18045 of 2017] [Diary No. 18185 of 2017] [Diary No. 22593 of 2017] [Diary No. 30116 of 2017] [Diary No. 23164 of 2017] [Diary No. 11493 of 2017] [Diary No. 28798 of 2017]

Deepak Gupta, J.

1. Applications for condonation of delay in filing and refiling the appeals are allowed.

2. This bunch of appeals is being disposed of by a common judgment since similar questions of law are involved.

3. The 6th Central Pay Commission was set up by the Government of India to make recommendations in matters relating to emoluments, allowances and conditions of service amongst other things. The Pay Commission also made recommendation with regard to armed forces personnel. On 30th August, 2008, the Central Government resolved by a resolution of that date to accept the recommendation of the 6th Central Pay Commission (‘CPC’ for short) with regard to the Personnel Below Officer Rank (PBOR) subject to certain modifications. Clause (i) of the Resolution reads as follows :-

“(i) Implementation of the revised pay structure of pay bands and grade pay, as well as pension, with effect from 01.01.2006 and revised rates of allowances (except Dearness Allowance/relief) with effect from 01.09.2008;” Clause 9 of the Resolution reads as follows :- “(ix) Grant of 3 ACP up-gradation after 8, 16 and 24 years of service to PBORs;”

4. Under the recommendations made by the 5th CPC there was a provision for Assured Career Progression (ACP). Vide this scheme, if an employee was not promoted he was entitled to get the next higher scale of pay after completion of 12/24 years of service. The 6th CPC recommended the grant of benefit of ACP after 10 and 20 years of service. The Union of India, however decided to grant ACP upgradations, after 8, 16 and 24 years of service to PBORs, as per Clause (ix) extracted above. However, it would be pertinent to mention that the 6th CPC did away with the concept of pay scales and reduced the large number of pay scales into 4 pay bands and within the pay bands there was a separate grade pay attached to a post.

5. For the purpose of this judgment we are dealing with the facts of Civil Appeal Diary No. 3744 of 2016. It would be pertinent to mention that all the petitioners before the Armed Forces Tribunal (‘AFT’ for short) who are respondents before us are persons below officer rank. The respondents in this case retired after 01.01.2006 but prior to 31.08.2008. They claim that the benefit of the Modified Assured Career Progression (‘MACP’ for short) was denied to them on the ground that the MACP was made applicable only with effect from 01.09.2008. The respondents approached the AFT praying that they are entitled to the benefit of MACP w.e.f. 01.01.2006, i.e., the date from which the recommendation of the 6th CPC with regard to pay and benefits were made applicable.

The stand of the Union of India was that the MACP was applicable only w.e.f. 01.09.2008 and, therefore, the respondents who had retired prior to the said date were not entitled to the benefit of the MACP. The AFT vide the impugned order dated 21.05.2014 held that the benefit of ACP granted to an employee is part of the pay structure which not only affects his pay but also his pension and, therefore, held that the ACP is not an allowance but a part of pay and, therefore, in terms of Clause (i) of the Government Resolution the MACP was payable w.e.f. 01.01.2006.

6. The question that arises for decision is whether the benefit of MACP is applicable from 01.01.2006 or from 01.09.2008.

7. The answer to this question will lie in the interpretation given to the Government Resolution, relevant portion of which has been quoted hereinabove. A bare perusal of Clause(i) of the Resolution clearly indicates that the Central Government decided to implement the revised pay structure of pay bands and grade pay, as well as pension with effect from 01.01.2006. The second part of the Clause lays down that all allowances except the Dearness Allowance/relief will be effective from 01.09.2008.

The AFT held, and in our opinion rightly so, that the benefit of MACP is part of the pay structure and will affect the grade pay of the employees and, therefore, it cannot be said that it is a part of allowances. The benefit of MACP if given to the respondents would affect their pension also.

8. We may also point out that along with this Resolution there is Annexure-I. Part-A of Annexure-I deals with the pay structure, grade pay, pay bands etc., and Item reads as follows :-

10

Assured Career Progression Scheme for PBORs. The Commission recommends that the time bound promotion scheme in case of PBORs shall allow two financial upgradations on completion of 10 and 20 years of service as at present. The financial upgradations under the scheme shall allow benefit of pay fixation equal to one increment along with the higher grade pay. As regards the other suggestions relating to residency period for promotion of PBORs Ministry of Defence may set up an Inter-Services Committee to consider the matter after the revised scheme of running bands is implemented (Para 2.3.34)
Three ACP upgradation after 8, 16 and 24 years of service has been approved. The upgradation will take place only in the hierarchy of Grade Pays, which need not necessarily be the hierarchy in that particular cadre.

Part-B of Annexure-I deals with allowances, concessions & benefits and Conditions of Service of Defence Forces Personnel. It is apparent that the Government itself by placing MACP in Part-A of Annexure-I was considering it to be the part of the pay structure.

9. The MACP Scheme was initially notified vide Special Army Instructions dated 11.10.2008. The Scheme was called the Modified Assured Career Progression Scheme for Personnel Below Officer Rank in the Indian Army. After the Resolution was passed by the Central Government on 30.08.2008 Special Army Instructions were issued on 11.10.2008 dealing with revision of pay structure. As far as ACP is concerned Para 15 of the said letter reads as follows:-

“15. Assured Career Progression. In pursuance with the Government Resolution of Assured Career Progression (ACP), a directly recruited PBOR as a Sepoy, Havildar or JCO will be entitled to minimum three financial upgradations after 8, 16 and 24 years of service. At the time of each financial upgradation under ACP, the PBOR would get an additional increment and next higher grade pay in hierarchy.

xx xx xx”

Thereafter, another letter was issued by the Adjutant General Branch on 03.08.2009. Relevant portion of which reads as follows:- “…….The new ACP (3 ACP at 8, 16 and 24 years of service) should be applicable w.e.f. 1 Jan 2006, and the old provns (operative w.e.f. the Vth Pay Commission) would be applicable till 31 Dec. 05. Regular service for the purpose of ACP shall commence from the date of joining of a post in direct entry grade.

xx xx xx”

Finally, on 30.05.2011 another letter was issued by the Ministry of Defence, relevant portion of which reads as follows:-

“5. The Scheme would be operational w.e.f. 1st Sep. 2008. In other words, financial up-gradations as per the provisions of the, earlier ACP scheme (of August 2003) would be granted till 31.08.2008.” Therefore, even as per the understanding of the Army and other authorities up till the issuance of the letter dated 30.05.2011 the benefit of MACP was available from 01.01.2006.

10. As already held by us above, there can be no dispute that grant of ACP is part of the pay structure. It affects the pay of the employee and he gets a higher grade pay even though it may be in the same pay band. It has been strenuously urged by Col. R. Balasubramanian, learned counsel for the UOI that the Government took the decision to make the Scheme applicable from 01.09.2008 because many employees would have lost out in case the MACP was made applicable from 01.01.2006 and they would have had to refund the excess amount, if any, paid to them. His argument is that under the old Scheme if somebody got the benefit of the ACP he was put in the higher scale of pay. After merger of pay scales into pay bands an employee is only entitled to higher grade pay which may be lower than the next pay band. Therefore, there may be many employees who may suffer.

11. We are only concerned with the interpretation of the Resolution of the Government which clearly states that the recommendations of 6th CPC as modified and accepted by the Central Government in so far as they relate to pay structure, pay scales, grade pay etc. will apply from 01.01.2006. There may be some gainers and some losers but the intention of the Government was clear that this Scheme which is part of the pay structure would apply from 01.01.2006. We may also point out that the Resolution dated 30.08.2008 whereby the recommendation of the Pay Commission has been accepted with modifications and recommendations with regard to pay structure, pay scales, grade pay etc. have been made applicable from 01.01.2006.

This is a decision of the Cabinet. This decision could not have been modified by issuing executive instruction. The letter dated 30.05.2011 flies in the face of the Cabinet decision reflected in the Resolution dated 30.08.2008. Thus, administrative instruction dated 30.05.2011 is totally ultra vires the Resolution of the Government.

12. Col. R. Balasubramanian, learned counsel for the UOI relied upon the following three judgments viz. P.K. Gopinathan Nair & Ors. v. Union of India and Ors.1, passed by the High Court of Kerala on 22.03.2017, Delhi Urban Shelter Improvement Board v. Shashi Malik & Ors.2, passed by the High Court of Delhi on 01.09.2016, K.K. Anandan & Ors. v. The Principal Accountant General Kerala (Audit) & Ors3 passed by the Central Administrative Tribunal, Ernakulam Bench, Kerala on 08.02.2013. In our view, none of these judgments is applicable because the issue whether the MACP is part of the pay structure or allowances were not considered in any of these cases.

1 WP(C) No.23465 of 2013(G) 2 LPA 405 of 2016 3 O.A. No. 541 of 2012

13. In this view of the matter we find no merit in the appeals, which are accordingly disposed of. All pending applications are also disposed of.

 (Madan B. Lokur)

 (Deepak Gupta)

New Delhi

December 08, 2017

Aftaruddin (D) represented through LRS. Vs. Ramkrishna Datta @ Babul Datta & Ors. [SC 2017 December]

KEYWORDS:- RAIYAT-

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 DATE: December 08, 2017-

A “raiyat” has been defined in Section 2(s) of the TLR & LR Act to mean a person who owns land for purposes of agriculture, paying land revenue to the Government; and “under-raiyat” under Section 2(v) means a person who cultivates or holds the land of raiyat under an agreement, express or implied, on condition of paying therefor rent in cash or in kind or delivering a share of the produce and includes a bargadar, i.e. a person who cultivates the land of any person on a condition of delivering a share of the produce to the land owner or raiyat

ACT:-  Section 108 of the Tripura Land Revenue and Land Reforms Act, 1960

SUPREME COURT OF INDIA

Aftaruddin (D) represented through LRS. Vs. Ramkrishna Datta alias Babul Datta & Ors.

[Civil Appeal No. 9040 of 2013]

Deepak Gupta, J.

1. Ramkrishna Datta, Dhirendra Chandra Ghosh and Lalit Mohan Ghosh, filed a suit in the trial court for declaration of their title on the suit land with consequential relief of permanent injunction for restraining Aftarduddin (contesting defendant & appellant before this Court), who has since expired and is represented by legal heirs, from interfering in the suit land.

2. From the facts as pleaded and proved before the trial court it is apparent that one Sayed Jama Kazi was the raiyat (owner) of the suit land. Aftaruddin was under-raiyat (Kurfa rights similar to tenancy rights). This fact is apparent from the Revenue Record as reported in the Civil Survey of Settlement for the year 1965-66 and in the Revenue Khatiyan No.302 published on 15.03.96.

On 11.01.71, Aftaruddin is alleged to have executed a sale deed transferring the entire suit land in favour of Mamataj Begam, daughter of the raiyat Sayed Jama Kazi. Thereafter, Mamataj Begam and Sayed Jama Kazi transferred the suit land to plaintiffs 1 and 2 by registered sale deed on 27.11.71. On 06.04.81 plaintiff no.2 sold and transferred a portion of his land to plaintiff no.3. In the Revenue Record the defendant Aftaruddin was shown to be in possession of the suit land. Therefore, the plaintiffs filed a suit for declaration of their title and prayed for injunction that defendant no.1 be restrained from interfering in the suit land.

3. The suit was contested by Aftaruddin and two contentions were raised:

(i) that the sale deed was never executed by him and

(ii) that being an under-raiyat he could not transfer his rights to any person in view of the bar created by Section 108 of the Tripura Land Revenue and Land Reforms Act, 1960 (for short the ‘TLR & LR Act’). The original sale deed was not produced on the ground that the same was destroyed in fire but a certified copy of the same was produced.

The trial court held that though the sale deed had been executed, Aftaruddin could not have transferred his rights in the suit land and, therefore, dismissed the suit. The First Appeal filed was also dismissed. In the Second Appeal this concurrent finding of fact was set aside on the ground that it was a perverse finding. It was held by the High Court that in the sale deed Aftaruddin has represented himself to be a raiyat and not an under-raiyat and, therefore, Section 108 of TLR & LR Act had no application. The High Court also found that in terms of Section 43 of the Transfer of Property Act the subsequent vendee could not be denied their rights.

4. We have heard learned counsel for the appellant. A “raiyat” has been defined in Section 2(s) of the TLR & LR Act to mean a person who owns land for purposes of agriculture, paying land revenue to the Government; and “under-raiyat” under Section 2(v) means a person who cultivates or holds the land of raiyat under an agreement, express or implied, on condition of paying therefor rent in cash or in kind or delivering a share of the produce and includes a bargadar, i.e. a person who cultivates the land of any person on a condition of delivering a share of the produce to the land owner or raiyat.

5. Section 108 of TLR & LR Act reads as follows :-

“108.

(1) The interest of under-raiyat in any land held by him as such shall be heritable but, save as otherwise provided in this Act, shall not be transferable.

(2) No under-raiyat shall be evicted from his land except as provided in this Act.” A bare reading of the aforesaid provision makes it absolutely clear that an under-raiyat is prohibited from transferring his interest as under-raiyat in any land though this interest is a heritable interest. Sub-section (2) provides that no underraiyat can be evicted except in accordance with the provisions of the TLR & LR Act. The TLR & LR Act was enacted as an agrarian reform legislation and the purpose of Section 108 is to prevent the under-raiyats or tenants from being evicted or being forcefully or dishonestly compelled to transfer their rights as under-raiyats.

6. The learned Single Judge laid great emphasis on the fact that in the sale deed Aftaruddin is described to be a raiyat. This cannot in any manner validate the sale deed which is otherwise totally against law. Obviously, a Sub- Registrar could not have registered a sale deed where the seller has described himself as an under-raiyat. We may also add that the vendee Mamataj Begam was none other than the daughter of Sayed Jama Kazi, the raiyat. A few months after Aftaruddin executing the sale deed on 11.01.71, Mamataj Begam and her father Sayed Jama Kazi sold the entire land in favour of the plaintiffs/respondents 6 on 27.11.71.

It is obvious that the sale deed dated 11.01.71 was got executed showing Aftaruddin as a raiyat to get over the bar of Section 108. This is what Section 108 prohibits. The plaintiffs who were subsequent purchasers cannot take benefit of the subterfuge and fraud committed by Sayed Jama Kazi and Mohd. Aftaruddin. Their remedy, if any, lay in taking action against Sayed Jama Kazi and Mamataj Begam, who were not even impleaded as parties in the suit. The High Court totally mis-interpreted the provisions of Section 108.

7. In 1987 Aftaruddin was conferred the rights of the raiyat. It was contended on behalf of the plaintiffs that in view of Section 43 of the Transfer of Property Act since Aftaruddin is now entitled to transfer his rights a sale deed in their favour becomes valid. This is not at all correct. No sale deed was executed by Aftaruddin in favour of the plaintiffs. The fraud was not committed by Aftaruddin but by Sayed Jama Kazi and Mamataj Begam. The protection under Section 108 of the TLR & LR Act which is a statutory protection could not have been taken away by the subterfuge committed by the then raiyat.

8. We are clearly of the view that the High Court exceeded its jurisdiction in setting aside the concurrent finding of fact without any question of law much less a substantial question of law arising in the second appeal. Accordingly the judgment of the High Court is set aside and the judgment of the trial court is restored. The appeal is, accordingly, allowed.

 (Madan B. Lokur)

 (Deepak Gupta)

New Delhi

December 08, 2017

Asharfi Vs. State of Uttar Pradesh [SC 2017 December]

KEYWORDS:- RAPE- ST/SC-

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  • The evidence and materials on record do not show that the appellant had committed rape on the victim on the ground that she belonged to Scheduled Caste. Section 3(2)(v) of the SC/ST Prevention of Atrocities Act can be pressed into service only if it is proved that the rape has been committed on the ground that PW-3 Phoola Devi belonged to Scheduled Caste community. In the absence of evidence proving intention of the appellant in committing the offence upon PW-3-Phoola Devi only because she belongs to Scheduled Caste community, the conviction of the appellant under Section 3(2)(v) of the SC/ST Prevention of Atrocities Act cannot be sustained.

ACTS:- Sections 450, 376(2)(g), 323 IPC and under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

SUPREME COURT OF INDIA

Asharfi Vs. State of Uttar Pradesh

[Criminal Appeal No. 1182 of 2015]

R. BANUMATHI, J.

1. This appeal arises out of the judgment of the Allahabad High Court in Criminal Appeal No. 8270 of 2007 dated 29.01.2013 in and by which the High Court affirmed the conviction and sentence of the appellant awarded by the trial court. The trial court vide its judgment dated 30.11.2007 convicted the appellant for the offences under Sections 450, 376(2)(g), 323 IPC and under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for short ‘the SC/ST Prevention of Atrocities Act].

For conviction under Section 376(2)(g) IPC, the appellant was sentenced to undergo rigorous imprisonment for ten years with fine of Rs. 8,000/- with default clause and for conviction under Section 3(2)(v) of the SC/ST Prevention of Atrocities Act, the appellant was sentenced to undergo life imprisonment with fine of Rs. 10,000/- with default clause. The appellant was also imposed sentence of imprisonment for other offences under Indian Penal Code.

2. Case of the prosecution is that on the intervening night of 8/9.12.1995, appellant Asharfi and one Udai Bhan are alleged to have forcibly opened the door and entered inside the house of PW-3-Phoola Devi and PW-4-Brij Lal and said to have committed rape on PW-3 Phoola Devi. PW-4-Brij Lal was kept away on the point of pistol. On raising alarm, neighbours (PW-1-Rassu and PW-2-Baghraj) came there and on seeing them, the accused persons ran away threatening the witnesses. Based on the complaint lodged by the complainant Brij Lal, FIR was registered in Case Crime No.76 of 1996 under Sections 376/452/323/506 IPC and under Section 3(1) 12 SC/ST Act against appellant and one Udai Bhan.

After completion of investigation, chargesheet was filed against the appellant and the said Udai Bhan for the abovesaid offences. As noted above, the appellant and Udai Bhan were convicted for various offences by the trial court. In the appeal preferred by the appellant before the High Court, the High Court affirmed the conviction of the appellant and the said Udai Bhan.

3. We have heard the learned amicus curiae appearing for the appellant. None appeared on behalf of the respondent. We have carefully perused the impugned judgment and materials on record.

4. So far as the conviction under Section 376(2)(g) IPC is concerned, based upon the evidence of PW-3-Phoola Devi and PW-4 Brij Lal and the medical evidence, both the courts below recorded concurrent findings that the charge of rape has been proved. We are not inclined to interfere with the same and also the sentence of ten years of imprisonment imposed upon him. We also find no perversity with respect to the conviction and sentence of the appellant with respect to other offences under Indian Penal Code.

5. In respect of the offence under Section 3(2)(v) of the SC/ST Prevention of Atrocities Act, the appellant had been sentenced to life imprisonment. The gravamen of Section 3(2)(v) of SC/ST Prevention of Atrocities Act is that any offence, envisaged under Indian Penal Code punishable with imprisonment for a term of ten years or more, against a person belonging Scheduled Caste/Scheduled Tribe, should have been committed on the ground that “such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member”. Prior to the Amendment Act 1 of 2016, the words used in Section 3(2)(v) of the SC/ST Prevention of Atrocities Act are “……on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe”.

6. Section 3(2)(v) of the SC/ST Prevention of Atrocities Act has now been amended by virtue of Amendment Act 1 of 2016. By way of this amendment, the words “…….on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe” have been substituted with the words “……..knowing that such person is a member of a Scheduled Caste or Scheduled Tribe”.

Therefore, if subsequent to 26.01.2016 (i.e. the day on which the amendment came into effect), an offence under Indian Penal Code which is punishable with imprisonment for a term of ten years or more, is committed upon a victim who belongs to SC/ST community and the accused person has knowledge that such victim belongs to SC/ST community, then the charge of Section 3(2)(v) of SC/ST Prevention of Atrocities Act is attracted.

Thus, after the amendment, mere knowledge of the accused that the person upon whom the offence is committed belongs to SC/ST Page No. 4 of 6 community suffices to bring home the charge under Section 3(2)(v) of the SC/ST Prevention of Atrocities Act.

7. In the present case, unamended Section 3(2)(v) of the SC/ST Prevention of Atrocities Act is applicable as the occurrence was on the night of 8/9.12.1995. From the unamended provisions of Section 3(2) (v) of the SC/ST Prevention of Atrocities Act, it is clear that the statute laid stress on the intention of the accused in committing such offence in order to belittle the person as he/she belongs to Scheduled Caste or Scheduled Tribe community.

8. The evidence and materials on record do not show that the appellant had committed rape on the victim on the ground that she belonged to Scheduled Caste. Section 3(2)(v) of the SC/ST Prevention of Atrocities Act can be pressed into service only if it is proved that the rape has been committed on the ground that PW-3 Phoola Devi belonged to Scheduled Caste community. In the absence of evidence proving intention of the appellant in committing the offence upon PW-3-Phoola Devi only because she belongs to Scheduled Caste community, the conviction of the appellant under Section 3(2)(v) of the SC/ST Prevention of Atrocities Act cannot be sustained.

9. In the result, the conviction of the appellant under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the sentence of life imprisonment imposed upon him are set aside and the appeal is partly allowed.

10. So far as the conviction of the appellant under Section 376(2)(g) IPC and other offences and sentence of imprisonment imposed upon him are confirmed. As the appellant had already undergone more than ten years, the appellant is ordered to be released forthwith unless he is required in any other case.

 [RANJAN GOGOI]

 [R. BANUMATHI]

New Delhi;

December 8, 2017

Union of India Vs. M/s. Susaka Pvt. Ltd. & Ors.[ SC 2017 DECEMBER]

KEYWORDS:-  Jurisdiction of the Arbitral Tribunal-

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  • It is a well-settled principle in Arbitration Law that the award of an Arbitral Tribunal once passed is binding on the parties. The reason being that the parties having chosen their own Arbitrator and given him an authority to decide the specific disputes arising between them must respect his decision as far as possible and should not make any attempt to find fault in each issue decided by him only because it is decided against one party. It is only when the issue decided is found to be bad in law in the light of any of the specified grounds set out in Section 34 of the Act, the Court may consider it appropriate to interfere in the award else not.

SUPREME COURT OF INDIA

Union of India Vs. M/s. Susaka Pvt. Ltd. & Ors.

[Civil Appeal No.8530 of 2009]

Abhay Manohar Sapre, J.

1. This appeal is filed by the Union of India against the final judgment and order dated 11.02.2005 passed by the High Court of Bombay in Appeal (Ld) No.666 of 2003 in Arbitration Petition No.96 of 2003 whereby the Division Bench of the High Court allowed the appeal filed by respondent No.1 herein and set aside the order dated 21.04.2003 passed by the Single Judge in Arbitration Petition No.96 of 2003.

2. The issue involved in the appeal is short and, therefore, it is not necessary to set out the entire factual scenario of the case except to the extent necessary to appreciate the issue.

3. In short, the question, which arises for consideration in this appeal, is whether the Arbitral Tribunal was justified in awarding interest on various claims for different periods to the claimant (respondent No.1), namely,

(i) for a pre-reference period, i.e., 04.03.1996 to 05.05.1999 @ 15% p.a.;

(ii) pendent lite, i.e., for the period from 06.05.1999 to 09.09.2002 @ 12% p.a.; and

(iii) post reference period, i.e., 09.09.2002 till payment @ 18% p.a., total (first and second) Rs.12,89,033/- on the awarded sum.

Brief facts:

4. A works contract (repairing work of 25 No. stators of TAO-659 Traction Motors of Electric Locomotives type WCAMI of Electric Loco Shed-Valsad) was awarded by the Union of India (Railways) – the appellant herein to respondent No.1 (claimant) on 19.12.1994.

5. In execution of the works contract, various disputes arose between the parties. Since the General Conditions of Contract (in short, “GCC”) contained Clause 56(1) to decide the disputes arising out of the contract through arbitration, respondent No.1(claimant) invoked the arbitration clause and filed an application in the High Court of Bombay under Section 11(5) of the Arbitration and Conciliation Act (hereinafter referred to as “the Act”) praying therein for appointment of the Arbitral Tribunal in terms of Clause 56(1) and to make a reference to the Arbitral Tribunal for deciding the disputes which had arisen between the parties.

6. The High Court, by order dated 27.07.2001, with consent of both the parties allowed respondent No.1’s application and referred the various claims (1 4 to 17) made by the respondent (claimant) against the appellant for their adjudication by the Arbitral Tribunal, which consisted of three Arbitrators (Railway Officials). The order making the reference to the Arbitral Tribunal reads as under:

“There is no dispute that claims Nos. 1 to 13 which are mentioned in the letter dated 19th August, 1999, Exhibit “B” to the Application, are already referred for arbitration to Shri B.B. Verma, Presiding Joint Arbitrator & FA & CAO (I), Churchgate and two other Arbitrators,

(i) Shri Arunendra Kumar, Jt. Arbitrator & CRSE, Churchgate and

(ii) Shri S.K. Kulshrestha, Jt. Arbitrator & CE, N.F. Railway.

2. By Consent, claim at Sr. No. 16 (Claim No. 2.1) and at Sr. No. 17 (Claim No. 2.2) are also referred for arbitration to the same Arbitrators who shall decide these claims along with claim Nos. 1 to 15. They shall also be free to decide pre-reference interest, Pendente lite interest, further interest and costs considering the agreement. The Respondent shall be free to file counter-claim, if any.”

7. Parties submitted to the jurisdiction of the Arbitral Tribunal, filed their statement of claim/reply etc. and adduced evidence. The Arbitral Tribunal, by their unanimous reasoned award dated 5 11.09.2002, partly allowed the claims of respondent No.1 against the appellant as under:

Claim No.

Brief Description

Claim Amount in Rs.

Amount awarded in Rs.

1.1

Loss suffered due to under-utilization of equipment purchased specially for This contract.

6,97,554

3,48,777

1.2

Material purchased not utilized.

3,00,723

3,00,723

1.3

Loss of Profit

4,65,409 (Revised to Rs. 4,44,620)

2,32,703

1.4,1.5 & 2.1

1.4 -Overheads during contracted period under utilized-

4,65,409

3,41,830

1.5-Overheads from 9.6.1995 to 4.3.1996 –

3,89,165

2.1-Overheads from 5.3.1996 to 30.06.1996

3,06,748

1.7 & 2.2

1.7 – Amount for the period 1.7.94 to 29.6.1996

3,28,085

1,64,042

2.2 – Amount for the period 5.3.96 to 30.09.1996

1,24,174

1.6

Payment under price variation clause

85,106

85,106

1.8 & 2.3 2.4

Payment of pre lite interest from 13.12.95 to 5.5.99

As accrued

12,89,033

Total

27,62,214

8. The appellant-Union of India, felt aggrieved of the Arbitral Award, challenged its legality by filing an application under Section 34 of the Act in Bombay High Court (Single Judge).

9. The Single Judge, by order dated 21.04.2003, allowed the appeal in part and made two modifications in the arbitral award with respect to the date of award of interest on the claim of respondent No.1 for damages and on the claim of one purchase item. The Single Judge made the interest payable from the date of award till realization. So far as the challenge to other claims including award of interest on such claims were concerned, the Single Judge rejected the appellant’s all objections and upheld the award in totality for all purposes.

10. Respondent No.1 (claimant), felt aggrieved against that part of the order of the Single Judge which interfered in part in the arbitral award, filed appeal before the Division Bench. So far as the appellant-Union of India was concerned, they did not file any appeal against that part of the order of the Single Judge which had rejected substantially their application filed under Section 34 of the Act. In this view of the matter, the award to that extent became final.

11. By impugned judgment, the Division Bench of the High Court allowed respondent No.1’s appeal and set aside the order of the Single Judge. It was held that no ground under Section 34 of the Act had been made out by the Union of India to modify the award to the extent of awarding interest on the claim.

In other words, in the opinion of Division Bench, the ground on which the limited interference was made by the Single Judge for setting aside a part of the Award in relation to award of interest from a particular date on two (2) claims to respondent No.1 (claimant) was not a ground falling under Section 34 of the Act and, therefore, the order of Single Judge was not legally sustainable. It was accordingly set aside resulting in upholding of the entire award and dismissal of Section 34 application in its entirety. It is against this order, the Union of India (Railways) felt aggrieved and filed the present appeal by way of special leave in this Court.

12. Heard Ms. Kiran Suri, learned senior counsel for the appellant and Mr. Vinay Navare, learned counsel for respondent No.1.

13. Ms. Kiran Suri, learned senior counsel, appearing for the appellant (Union of India) while challenging the legality and correctness of the impugned judgment has argued only one point.

14. According to learned counsel, the Arbitral Tribunal mis-conducted in awarding interest on various claims and, therefore, a ground to set aside the arbitral award under Section 34 of the Act is made out.

15. Placing reliance on Clause 13(3) of GCC, learned counsel urged that since clause 13(3) provides that no interest will be payable upon the earnest money or the security deposit or amounts payable to the contractor under the contract (except Government securities), respondent No.1 (claimant) was not entitled to claim interest on any of the heads.

16. In other words, the submission was that the Arbitral Tribunal mis-conducted in awarding interest to respondent No.1 (claimant) on their various claims when the clause 13(3) of GCC did not allow them to claim any interest on the sums payable under the contract except on Government securities, if deposited with the appellant.

17. It was, therefore, her submission that the award to this extent was not legally sustainable and, therefore, it was liable to be set aside under Section 34 of the Act. Learned counsel elaborated this submission by placing reliance on the provisions of the Act and some decided cases cited at the Bar.

18. In reply, learned counsel for respondent No.1 (claimant) supported the impugned judgment and contended that the aforementioned point urged by the appellant was neither raised nor urged before the Arbitral Tribunal nor the High Court, i.e., Single Judge and also Division Bench and hence it cannot be permitted to be raised, for the first time, in an 11 appeal under Article 136 of the Constitution for want of any factual foundation and finding by any Court on such plea.

19. Having heard learned counsel for the parties and on perusal of the record of the case, we are inclined to accept the argument of learned counsel for respondent No.1 as, in our view, it has a force and hence deserves acceptance.

20. It is not in dispute that the appellant did not raise the plea based on clause 13(3) of the GCC against respondent No.1 at any stage of the proceedings either in their reply filed before the Arbitral Tribunal or/and in submissions except raising it, for the first time, before this Court in this appeal.

21. On the other hand, we find that in Section 11 (5) proceedings, the appellant did not raise this objection in their reply and instead gave their express consent to refer the issue of award of interest payable on various claims (1 to 17) to Arbitral Tribunal considering the said claim to be arbitrable under the contract.

22. In our opinion, the appellant could have registered their objection before the Single Judge at the time of making a reference to the Arbitral Tribunal by pointing out Clause 13(3) of GCC or could have reserved their right to raise such objection before the Arbitral Tribunal. It was, however, not done.

23. Not only that, we further find that the appellant, in their reply, filed before the Arbitral Tribunal also did not raise this plea and allowed the Arbitral Tribunal to adjudicate the said issue on merits.

24. If the appellant was so keen to place reliance on clause 13(3) of GCC to defeat the claim of respondent No.1 relating to the award of interest on various claims, then it was necessary for the appellant to have raised such plea specifically, in their reply, before the Arbitral Tribunal. No such plea was raised even before the Arbitral Tribunal.

25. Though we find that the appellant raised this ground, for the first time, in Section 34 proceedings [see-ground (cc)] before the Single Judge but again this ground was not pressed at the time of arguments. It is clear from the perusal of the Single Judge’s order. Not only that, the appellant again did not raise this plea before the Division Bench.

26. In the light of aforementioned factual scenario emerging from the record of the case, we cannot grant any indulgence to the appellant (Union of India) to raise such plea for the first time here. In our view, it is a clear case of waiver or/and abandonment of a plea at the initial stage itself.

27. Everyone has a right to waive and to agree to waive the advantage of a law made solely for the benefit and protection of the individual in his private capacity, which may be dispensed with without infringing any public right or public policy. Cuilibet licet renuntiare juri pro se introducto. (See Maxwell on The Interpretation of Statutes 12th Edition at page 328)

28. If a plea is available-whether on facts or law, it has to be raised by the party at appropriate stage in accordance with law. If not raised or/and given up with consent, the party would be precluded from raising such plea at a later stage of the proceedings on the principle of waiver. If permitted to raise, it causes prejudice to other party. In our opinion, this principle applies to this case.

29. In our opinion, the appellant is otherwise not entitled to raise the plea on yet another ground. It is not in dispute that the appellant’s application filed under Section 34 of the Act was partly allowed by the Single Judge only to the extent of two claims regarding award of interest. In other words, the application suffered dismissal substantially on all other claims except two claims mentioned above. However, despite suffering substantial dismissal, the appellant did not file any appeal to challenge the part dismissal of their application.

30. In this view of the matter, in our view, the order of the Single Judge insofar as it resulted in dismissal of the appellant’s application became final and attained finality. In order to keep the issue alive, the appellant was under obligation to file regular appeal before the Division Bench against that part of the Single Judge’s order by which their application under Section 34 of the Act in relation to all other claims had been dismissed. It was only then in the event of dismissal of the appeal, the issues raised therein could have been pursued in appeal to this Court under Article 136 of the Constitution and that too only on the grounds raised therein and decided against the appellant. It was, however, not done by the appellant.

31. In our opinion, therefore, this is yet another infirmity which renders the appeal devoid of any merit.

32. In our considered view, the grant of award of interest on arbitrable claims by the Arbitral Tribunal is not inherently illegal or against any public policy or per se bad in law or beyond the powers of the Arbitral Tribunal. In other words, it is permissible to award interest in arbitrable claims by the Arbitral Tribunal.

33. Indeed, Section 31(7) (a) and (b) of the Act empowers the Arbitral Tribunal to award interest on the awarded sum and secondly, it is always subject to the agreement between the parties.

34. It is a well-settled principle in Arbitration Law that the award of an Arbitral Tribunal once passed is binding on the parties. The reason being that the parties having chosen their own Arbitrator and given him an authority to decide the specific disputes arising between them must respect his decision as far as possible and should not make any attempt to find fault in each issue decided by him only because it is decided against one party. It is only when the issue decided is found to be bad in law in the light of any of the specified grounds set out in Section 34 of the Act, the Court may consider it appropriate to interfere in the award else not. The case at hand falls in former category.

35. This case reminds us of the apt observations made by former Chief Justice M.C. Chagla in Firm Kaluram Sitaram vs. The Dominion of India, AIR 1954 Bombay

50. That was also a case between the Railways and private party (citizen) wherein the learned Chief Justice, in his distinctive style of writing, commented upon the manner in which the Railway contested the case against the private party (citizen) by raising some technical pleas and observed as under: “Now, we have often had occasion to say that when the State deals with a citizen it should not ordinarily rely on technicalities, and if the State is satisfied that the case of the citizen is a just one, even though legal defences may be open to it, it must act, as has been said by eminent judges, as an honest person.”

36. The aforementioned observations has full application to the case at hand because here also, the appellant (railways) pursued their technical legal point up to this Court against respondent No.1 (claimant) without even raising it at any stage of proceedings much less to find out whether it could be made a ground under Section 34 of the Act to seek its setting aside. All was being done to defeat respondent No.1’s just claim of interest which was rightly awarded by the Arbitral Tribunal and upheld by the Courts below on other grounds.

37. Learned counsel for the appellant did not urge any other point to attack the impugned judgment including the reasoning given in support of the award of interest except to urge the aforesaid point to challenge its legality, which we have repelled by not permitting the appellant to raise it in this appeal.

38. In view of foregoing discussion, we find no merit in the appeal, which thus fails and is accordingly dismissed.

 [ABHAY MANOHAR SAPRE]

 [NAVIN SINHA]

New Delhi;

December 08, 2017



BOOK REFERRED : Maxwell on The Interpretation of Statutes 12th Edition at page 328

THE PRESS AND REGISTRATION OF BOOKS ACT, 1867

Food Laws

1. Interpretation-clause.—

1 [ (1) ] In this Act, unless there shall be something repugnant in the subject or context,—

“Book” includes every volume, part or division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plan separately printed 2 [***]; 3 [***]

4[“editor” means the person who controls the selection of the matter that is published in a newspaper;] 5[***] 8[***]”

“Magistrate” means any person exercising the full powers of a 6Magistrate, and includes a 4 Magistrate of police 5 [***];

6 [“newspaper” means any printed periodical work containing public news or comments on public news;] 7 [***]

8 [“paper” means any document, including a newspaper, other than a book; “prescribed” means prescribed by rules made by the Central Government under section 20A;

“Press Registrar” means the Registrar of newspapers for India appointed by the Central Government under section 19A and includes any other person appointed by the Central Government to perform all or any of the functions of the Press Registrar;

“printing” includes cyclostyling and printing by lithography;

“Register” means the Register of newspapers maintained under section 19B.]

9 [(2) Any reference in this Act to any law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law in force in that State.]

2. Repeal of Act 11 of 1835.—[Rep. by the Repealing Act, 1870 (14 of 1870), sec. 1 and Sch., Pt. II.]

3. Particulars to be printed on books and papers.—Every book or paper printed within 10 [India] shall have printed legibly on it the name of the printer and the place of printing, and (if the book or paper be published) 11 [the name] of the publisher, and the place of publication.

4. Keeper of printing press to make declaration.—

12 [ (1) ] No person shall within 13 [India], keep in his possession any press for the printing of books or papers, who shall not have made and subscribed the following declaration before 2[the District, Presidency or Sub-divisional Magistrate] within whose local jurisdiction such press may be: “I, A.B., declare that I have a press for printing at—”. And this last blank shall be filled up with a true and precise description of the place where such press may be situate.

14 [(2) ] As often as the place where a press is kept is changed, a new declaration shall be necessary: Provided that where the change is for a period not exceeding sixty days and the place where the press is kept after the change is within the local jurisdiction of the Magistrate referred to in sub-section (1), no new declaration shall be necessary if—

(a) a statement relating to the change is furnished to the said Magistrate within twenty-four hours thereof; and
(b) the keeper of the press continues to be the same.]

5. Rules as to publication of newspapers.—No 15 [newspaper] shall be published in 16 [India], except in conformity with the rules hereinafter laid down:

17 [(1) Without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also the date of its publication.]

18 [(2) ] The printer and the publisher of every such 19 [newspaper] shall appear 15 [in person or by agent authorised in this behalf in accordance with rules made under section 20, before a District, Presidency or Sub-divisional Magistrate within whose local jurisdiction such newspaper shall be printed or published 20 [***] and shall make and subscribe, in duplicate, the following declaration:

“I A.B., declare that I am the printer (or publisher, or printer and publisher) of the 19 [newspaper] entitled— 21 [and to be printed or published, or to be printed and published], as the case may be at—”. And the last blank in this form of declaration shall be filled up with a true and precise account of the premises where the printing or publication is conducted.

22 [(2A) Every declaration under rule (2) shall specify the title of the newspaper, the language in which it is to be published and the periodicity of its publication and shall contain such other particulars as may be prescribed.]

23 [(2B) Where the printer or publisher of a newspaper making a declaration under rule (2) is not the owner thereof, the declaration shall specify the name of the owner and shall also be accompanied by an authority in writing from the owner authorising such person to make and subscribe such declaration.
(2C) A declaration in respect of a newspaper made under rule (2) and authenticated under section 6 shall be necessary before the newspaper can be published.
(2D) Where the title of any newspaper or its language or the periodicity of its publication is changed, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued.
(2E) As often as the ownership of a newspaper is changed, a new declaration shall be necessary.]

24 [(3) ] As often as the place of printing or publication is changed, a new declaration shall be necessary: 22 [Provided that where the change is for a period not exceeding thirty days and the place of printing or publication after the change is within the local jurisdiction of the Magistrate referred to in rule (2), no new declaration shall be necessary if—
(a) a statement relating to the change is furnished to the said Magistrate within twenty-four hours thereof; and
(b) the printer or publisher or the printer and publisher of the newspaper continues to be the same.]

25 [(4) ] As often as the printer or the publisher who shall have made such declaration as is aforesaid shall leave India for a period exceeding ninety days or where such printer or publisher is by infirmity or otherwise rendered incapable of carrying out his duties for a period exceeding ninety days in circumstances not involving the vacation of his appointment, a new declaration shall be necessary.]

22 [(5) Every declaration made in respect of a newspaper shall be void, where the newspaper does not commence publication—
(a) within six weeks 26 [of the authentication of the declaration under section 6], in the case of a newspaper to be published once a week or oftener; and
(b) within three months 26 [of the authentication of the declaration under section 6], in the case of any other newspaper, and in every such case, a new declaration shall be necessary before the newspaper can be published.
(6) Where, in any period of three months, any daily, tri-weekly, bi-weekly, weekly or fortnightly newspaper publishes issues the number of which is less than half of what should have been published in accordance with the declaration made in respect thereof, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued.
(7) Where any other newspaper has ceased publication for a period, exceeding twelve months, every declaration made in respect thereof shall cease to have effect, and a new declaration shall be necessary before the newspaper can be re-published.
(8) Every existing declaration in respect of a newspaper shall be cancelled by the Magistrate before whom a new declaration is made and subscribed in respect of the same:] 27 [Provided that no person 28 [who does not ordinarily reside in India, or] who has not attained majority in accordance with the provisions of the Indian Majority Act, 1875 (9 of 1875), or of the law to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper.]

29 [5A. Keepers of printing presses and printers and publishers of newspapers in Jammu and Kashmir to make and subscribe fresh declarations within specified period.—
(1) No person who has made and subscribed a declaration in respect of any press under section 4 of the Jammu and Kashmir State Press and Publications Act, S. 1989 (Jammu and Kashmir Act, No. I of S. 1989) shall keep the press in his possession for the printing of books or papers 30 [after the 31st day of December, 1968, unless before the expiry of that date] he makes and subscribes a fresh declaration in respect of that press under section 4 of this Act.
(2) Every person who has subscribed to any declaration in respect of a newspaper under section 5 of the Jammu and Kashmir State Press and Publications Act, S. 1989 (Jammu and Kashmir Act, No. 1 of S. 1989) shall cease to be the editor, printer or publisher of the newspaper mentioned in such declaration 2[after the 31st day of December, 1968 unless before the expiry of that date] he makes and subscribes a fresh declaration in respect of that newspaper under rule (2) of the rules laid down in section 5 of this Act.]

6. Authentication of declaration.—Each of the two originals of every declaration so made and subscribed as is aforesaid, shall be authenticated by the signature and official seal of the Magistrate before whom the said declaration shall have been made: 31 [Provided that where any declaration is made and subscribed under section 5 in respect of a newspaper, the declaration shall not, save in the case of newspapers owned by the same person, be so authenticated unless the Magistrate 32 [is, on inquiry from the Press Registrar, satisfied] that the newspaper proposed to be published does not bear a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State.]
(Deposit) —One of the said originals shall be deposited among the records of the office of the Magistrate, and the other shall be deposited among the records of the High Court of Judicature, or 33 [other principal Civil Court of original jurisdiction for the place where] the said declaration shall have been made. Inspection and supply of copies.—The Officer-in -charge of each original shall allow any person to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said declaration, attested by the seal of the Court which has the custody of the original, on payment of a fee of two rupees. 34 [A copy of the declaration attested by the official seal of the Magistrate, or a copy of the order refusing to authenticate the declaration, shall be forwarded as soon as possible to the person making and subscribing the declaration and also to the Press Registrar.]

7. Office copy of declaration to be prima facie evidence.—In any legal proceeding whatever, as well civil as criminal, the production of a copy of such declaration as is aforesaid, attested by the seal of some Court empowered by this Act to have the custody of such declarations, 1[or, in the case of the editor, a copy of the newspaper containing his name printed on it as that of the editor] shall be held (unless the contrary be proved) to be suficient evidence, as against the person whose name shall be subscribed to such declaration, 1[or printed on such newspaper, as the case may be] that the said person was printer or publisher, or printer and publisher (according as the words of the said declaration may be) of every portion of every 2[newspaper] whereof the title shall correspond with the title of the 2[newspaper] mentioned in the declaration, 5[or the editor of every portion of that issue of the newspaper of which a copy is produced].

8. New declaration by persons who have signed a declaration and subsequently ceased to be printers or publishers.— 37 [If any person has subscribed to any declaration in respect of a newspaper under section 5 and the declaration has been authenticated by a Magistrate under section 6 and subsequently that person ceases to be the printer or publisher of the newspaper mentioned in such declaration, he shall appear before any District, Presidency or Sub-divisional Magistrate, and make and subscribe in duplicate the following declaration:— “I, A.B., declare that I have ceased to be the printer or publisher or printer and publisher of the newspaper entitled—”.] Authentication and filing.—Each original of the latter declaration shall be authenticated by the signature and seal of the Magistrate before whom the said latter declaration shall have been made, and one original of the said latter declaration shall be filed along with each original of the former declaration. Inspection and supply of copies.—The Officer-in-charge of each original of the latter declaration shall allow any person applying to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said latter declaration, attested by the seal of the Court having custody of the original, on payment of a fee of two rupees. Putting copy in evidence.—In all trials in which a copy, attested as is aforesaid, of the former declaration shall have been put in evidence, it shall be lawful to put in evidence a copy, attested as is aforesaid, of the latter declaration, and the former declaration shall not be taken to be evidence that the declarant was, at any period subsequent to the date of the latter declaration, printer or publisher of the 38 [newspaper] therein mentioned. 39 [A copy of the latter declaration attested by the official seal of the Magistrate shall be forwarded to the Press Registrar.]

1[8A. Person whose name has been incorrectly published as editor may make a declaration before a Magistrate.—If any person, whose name has appeared as editor on a copy of a newspaper, claims that he was not the editor of the issue on which his name has so appeared, he may, within two weeks of his becoming aware that his name has been so published, appear before a District, Presidency or Sub-Divisional Magistrate and make a declaration that his name was incorrectly published in that issue as that of the editor thereof, and if the Magistrate after making such inquiry or causing such inquiry to be made as he may consider necessary is satisfied that such declaration is true, he shall certify accordingly, and on that certificate being given the provisions of section 7 shall not apply to that person in respect of that issue of the newspaper. The Magistrate may extend the period allowed by this section in any case where he is satisfied that such person was prevented by sufficient cause from appearing and making the declaration within that period.]

41 [8B. Cancellation of declaration.—If, on an application made to him by the Press Registrar or any other person or otherwise, the Magistrate empowered to authenticate a declaration under this Act, is of opinion that any declaration made in respect of a newspaper should be cancelled, he may, after giving the person concerned an opportunity of showing cause against the action proposed to be taken, hold an inquiry into the matter and if, after considering the cause, if any, shown by such person and after giving him an opportunity of being heard, he is satisfied that—
(i) the newspaper, in respect of which the declaration has been made is being published in contravention of the provisions of this Act or rules made thereunder; or
(ii) the newspaper mentioned in the declaration bears a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State; or
(iii) the printer or publisher has ceased to be the printer or publisher of the newspaper mentioned in such declaration; or
(iv) the declaration was made on false representation or on the concealment of any material fact or in respect of a periodical work which is not a newspaper; the Magistrate may, by order, cancel the declaration and shall forward as soon as possible a copy of the order to the person making or subscribing the declaration and also to the Press Registrar.

8C. Appeal.—
(1) Any person aggrieved by an order of a Magistrate refusing to authenticate a declaration under section 6 or cancelling a declaration under section 8B may, within sixty days from the date on which such order is communicated to him, prefer an appeal to the Appellate Board to be called the Press and Registration Appellate Board 42 [consisting of a Chairman and another member to be nominated by the Press Council of India, established under section 4 of the Press Council Act, 1978 (37 of 1978), from among its members]: Provided that the Appellate Board may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(2) On receipt of an appeal under this section, the Appellate Board may, after calling for the records from the Magistrate and after making such further inquiries as it thinks fit, confirm, modify or set aside the order appealed against.
(3) Subject to the provisions contained in sub-section (2), the Appellate Board may, by order, regulate its practice and procedure.
(4) The decision of the Appellate Board shall be final.]

9. Copies of books printed after commencement of Act to be delivered gratis to Government.—Printed 43 [***] copies of the whole of every book which shall be printed 43 [***] in 44 [India] after this Act shall come into force, together with all maps, prints or other engravings belonging thereto, finished and coloured in the same manner as the best copies of the same, shall, notwithstanding any agreement (if the book be published) between the printer and publisher thereof, be delivered by the printer at such place and to such officer as the State Government shall, by notification in the Official Gazette, from time to time direct, and free of expense to the Government, as follows, that is to say:—
(a) in any case, within one calendar month after the day on which any such book shall first be delivered out of the press, one such copy, and,
(b) if within one calendar year from such day the State Government shall require the printer to deliver other such copies not exceeding two in number, then within one calendar month after the day on which any such requisition shall be made by the State Government on the printer, another such copy, or two other such copies, as the State Government may direct, the copies so delivered being bound, sewed or stitched together and upon the best paper on which any copies of the book shall be printed 43 [***]. The publisher or other person employing the printer shall, at a reasonable time before the expiration of the said month, supply him with all maps, prints and engravings finished and coloured as aforesaid, which may be necessary to enable him to comply with the requirements aforesaid. Nothing in the former part of this section shall apply to—
(i) any second or subsequent edition of a book in which edition no additions or alterations either in the letter-press or in the maps, prints or other engravings belonging to the book have been made, and a copy of the first or some preceding edition of which book has been delivered under this Act, or
(ii) any 45 [newspaper] published in conformity with the rules laid down in section 5 of this Act.

10. Receipt for copies delivered under section 9.—The officer to whom a copy of a book is delivered under the last foregoing section shall give to the printer a receipt in writing therefor. foregoing section shall give to the printer a receipt in writing therefor.”

11. Disposal of copies delivered under section 9.—The copy delivered pursuant to clause
(a) of the first paragraph of section 9 of this Act shall be disposed of as the State Government shall from time to time determine. Any copy or copies delivered pursuant to clause (b) of the said paragraph shall be 46 [transmitted to the Central Government].
47 [11A. Copies of newspapers printed in India to be delivered gratis to Government.—The printer of every newspaper in 48 [India] shall deliver at such place and to such officer as the State Government may, by notification in the Official Gazette, direct, and free of expense to the Government, two copies of each issue of such newspaper as soon as it is published.]

49 [11B. Copies of newspapers to be delivered to Press Registrar.—Subject to any rules that may be made under this Act, the publisher of every newspaper in India shall deliver free of expense to the Press Registrar one copy of each issue of such newspaper as soon as it is published.]

12. Penalty for printing contrary to rule in section 3.— Whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in section 3 of this Act, shall, on conviction before a Magistrate, be punished by fine not exceeding 1[two thousand] rupees, or by simple imprisonment for a term not exceeding 2[six months], or by both.

13. Penalty for keeping press without making declaration required by section 4.— Whoever shall keep in his possession any such press as aforesaid. 52 [In contravention of any of the provisions contained in section 4 of this Act], shall, on conviction before a Magistrate, be punished by fine not exceeding 53 [two thousand] rupees, or by simple imprisonment for a term not exceeding 54 [six months] or by both.

14. Punishment for making false statement.—Any person who shall, in making 57 [any declaration or other statement] under the authority of this Act, make a statement which is false, and which he either knows or believes to be false, or does not believe to be true, shall, on conviction before a Magistrate, be punished by fine not exceeding 55 [two thousand] rupees, and imprisonment for a term not exceeding 56 [six months].

15. Penalty for printing or publishing newspaper without conforming to rules.—1[
(1) ] Whoever shall 2[edit], print or publish any 3[newspaper], without conforming to the rules hereinbefore laid down, or whoever shall 2[edit], print or publish, or shall cause to be 2[edited], printed or published, any 4[newspaper], knowing that the said rules have not been observed with respect to 5[that newspaper], shall, on conviction before a Magistrate, be punished with fine not exceeding 6[two thousand] rupees, or imprisonment for a term not exceeding 7[six months] or both. 8[(2) Where an offence is committed in relation to a newspaper under sub-section (1), the Magistrate may, in addition to the punishment imposed under the said sub-section, also cancel the declaration in respect of the newspaper.]

1[15A. Penalty for failure to make a declaration under section 8.—If any person who has ceased to be a printer or publisher of any newspaper fails or neglects to make a declaration in compliance with section 8, he shall, on conviction before a Magistrate, be punishable by fine not exceeding two hundred rupees.]
The Press and Registration of Books Act, 1867

1[16. Penalty for not delivering books or not supplying printer with maps.—If any printer of any such book as is referred to in section 9 of this Act shall neglect to deliver copies of the same pursuant to that section, he shall for every such default forfeit to the Government such sum not exceeding fifty rupees as a Magistrate having jurisdiction in the place where the book was printed may, on the application of the officer to whom the copies should have been delivered or of any person authorised by that officer in this behalf, determine to be in the circumstances a reasonable penalty for the default, and, in addition to such sum, such further sum as the Magistrate may determine to be the value of the copies which the printer ought to have delivered. If any publisher or other person employing any such printer shall neglect to supply him, in the matter prescribed in the second paragraph of section 9 of this Act with the maps, prints or engravings which may be necessary to enable him to comply with the provisions of that section, such publisher or other person shall for every such default forfeit to the Government such sum not exceeding fifty rupees as such a Magistrate as aforesaid may, on such an application as aforesaid, determine to be in the circumstances a reasonable penalty for the default, and, in addition to such sum, such further sum as the Magistrate may determine to be the value of the maps, prints or engravings which such publisher or other person ought to have supplied.]

1[16A. Penalty for failure to supply copies of newspapers gratis to Government.—If any printer of any newspaper published in 2[India] neglects to deliver copies of the same in compliance with section 11A, he shall, on the complaint of the officer to whom copies should have been delivered or of any person authorised by that officer in this behalf, be punishable, on conviction by a Magistrate having jurisdiction in the place where the newspaper was printed, with fine which may extend to fifty rupees for every default.]

1[16B. Penalty for failure to supply copies of newspapers to Press Registrar.—If any publisher of any newspaper published in India neglects to deliver copies of the same in compliance with section 11B, he shall, on the complaint of the Press Registrar, be punishable, on conviction by a Magistrate having jurisdiction in the place where the newspaper was printed, by fine which may extend to fifty rupees for every default.]
1[17. Recovery of forfeitures and disposal thereof and of fines.—Any sum forfeited to the Government under 2[section 16] may be recovered, under the warrant of the Magistrate determining the sum, or of his successor in office, in the manner authorised by the Code of Criminal Procedure (10 of 1882)3 for the time being in force, and within the period prescribed by the Indian Penal Code (45 of 1860), for the levy of a fine. 4[***]

18. Registration of memoranda of books.—There shall be kept at such office, and by such officer as the State Government shall appoint in this behalf, a book to be called a Catalogue of Books printed in 1[India], wherein shall be registered a memorandum of every book which shall have been delivered 2[pursuant to clause
(a) of the first paragraph of section 9] of this Act. Such memorandum shall (so far as may be practicable) contain the following particulars (that is to say):—
(1) the title of the book and the contents of the title-page, with a translation into English of such title and contents, when the same are not in the English language;
(2) the language in which the book is written;
(3) the name of the author, translator, or editor of the book or any part thereof;
(4) the subject;
(5) the place of printing and the place of publication;
(6) the name of firm of the printer and the name of firm of the publisher;
(7) the date of issue from the press or of the publication;
(8) the number of sheets, leaves or pages;
(9) the size;
(10) the first, second or other number of the edition;
(11) the number of copies of which the edition consists;
(12) whether the book is printed, 3[cyclostyled or lithographed];
(13) the price at which the book is sold to the public; and
(14) the name and residence of the proprietor of the copyright or of any portion of such copyright. Such memorandum shall be made and registered in the case of each book as soon as practicable after the delivery of the 4[copy thereof pursuant to clause (a) of the first paragraph of section 9] 5[***]

19. Publication of memoranda registered.—The memoranda registered during each quarter in the said Catalogue shall be published in the Official Gazette, as soon as may be after the end of such quarter, and a copy of the memoranda so published shall be sent 1[***] to the Central Government 2[***].

*19A. Appointment of Press Registrar and other officers.—The Central Government may appoint a Registrar of newspapers for India and such other officers under the general superintendence and control of the Press Registrar as may be necessary for the purpose of performing the functions assigned to them by or under this Act, and may, by general or special order, provide for the distribution or allocation of functions to be performed by them under this Act.

*19B. Register of newspapers.—
(1) The Press Registrar shall maintain in the prescribed manner a Register of newspapers.
(2) The Register shall, as far as may be practicable, contain the following particulars about every newspaper published in India, namely:—
(a) the title of the newspaper;
(b) the language in which the newspaper is published;
(c) periodicity of the publication of the newspaper;
(d) the name of the editor, printer and publisher of the newspaper;
(e) the place of printing and publication;
(f) the average number of pages per week;
(g) the number of days of publication in the year;
(h) the average number of copies printed, the average number of copies sold to the public and the average number of copies distributed free to the public, the average being calculated with reference to such period as may be prescribed;
(i) retail selling price per copy;
(j) the names and addresses of the owners of the newspaper and such other particulars relating to ownership as may be prescribed;
(k) any other particulars which may be prescribed.
(3) On receiving information from time to time about the aforesaid particulars, the Press Registrar shall cause relevant entries to be made in the Register and may make such necessary alterations or corrections therein as may be required for keeping the Register up-to-date.

*19C. Certificates of registration.—On receiving from the Magistrate under section 6 a copy of the declaration in respect of a newspaper 1[and on the publication of such newspaper, the Press Registrar shall], as soon as practicable thereafter, issue a certificate of registration in respect of that newspaper to the publisher thereof.

*19D. Annual statement, etc., to be furnished by newspapers.—It shall be the duty of the publisher of every newspaper—
(a) to furnish to the Press Registrar an annual statement in respect of the newspaper at such time and containing such of the particulars referred to in sub-section (2) of section 19B as may be prescribed;
(b) to publish in the newspaper at such times and such of the particulars relating to the newspaper referred to in sub-section (2) of section 19B as may be specified in this behalf by the Press Registrar.

*19E. Returns and reports to be furnished by newspapers.—The publisher of every newspaper shall furnish to the Press Registrar such returns, statistics and other information with respect to any of the particulars referred to in sub- section (2) of section 19B as the Press Registrar may from time to time require.

*19F. Right of access to records and documents.—The Press Registrar or any gazetted officer authorised by him in writing in this behalf shall, for the purpose of the collection of any information relating to a newspaper under this Act, have access to any relevant record or document relating to the newspaper in the possession of the publisher thereof, and may enter at any reasonable time any premises where he believes such record or document to be and may inspect or take copies of the relevant records or documents or ask any question necessary for obtaining any information required to be furnished under this Act.

*19G. Annual report.—The Press Registrar shall prepare, in such form and at such time each year as may be prescribed, an annual report containing a summary of the information obtained by him during the previous year in respect of the newspapers in India and giving an account of the working of such newspapers, and copies thereof shall be forwarded to the Central Government.

*19H. Furnishing of copies of extracts from Register.—On the application of any person for the supply of the copy of any extract from the Register and on payment of such fee as may be prescribed, the Press Registrar shall furnish such copy to the applicant in such form and manner as may be prescribed.

*19-I. Delegation of powers.—Subject to the provisions of this Act and regulations made thereunder, the Press Registrar may delegate all or any of his powers under this Act to any officer subordinate to him.

*19J. Press Registrar and other officers to be public servants.—The Press Registrar and all officers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

*19K. Penalty for contravention of section 19D or section 19E, etc.—If the publisher of any newspaper—
(a) refuses or neglects to comply with the provisions of section 19D or section 19E; or 1[***]
(c) publishers in the newspaper in pursuance of clause (b) of section 19D any particulars relating to the newspaper which he has reason to believe to be false, he shall be punishable with fine which may extend to five hundred rupees.
*19L. Penalty for improper disclosure of information.—If any person engaged in connection with the collection of information under this Act wilfully discloses any information or the contents of any return given or furnished under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution of an offence under this Act or under the Indian Penal Code (45 of 1860), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

1[20. Power of State Government to make rules.—
(1) The State Government may, by notification in the Official Gazette, make such rules (not inconsistent with the rules made by the Central Government under section 20A) as may be necessary or desirable for carrying out the objects of this Act.
(2) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.]

1[20A. Power of Central Government to make rules.—
(1) The Central Government may, by notification in the Official Gazette, make rules—
(a) prescribing the particulars which a declaration made and subscribed under section 5 may contain; 2[and the form and manner in which the names of the printer, publisher, owner and editor of a newspaper and the place of its printing and publication may be printed on every copy of such newspaper]; 3[(b) prescribing the manner in which copies of any declaration attested by the official seal of a Magistrate or copies of any order refusing to authenticate any declaration may be forwarded to the person making and subscribing the declaration and to the Press Registrar;]
(c) prescribing the manner in which copies of any newspaper may be sent to the Press Registrar under section 11B;
(d) prescribing the manner in which a Register may be maintained under section 19B and the particulars which it may contain;
(e) prescribing the particulars in which an annual statement to be furnished by the publisher of a newspaper to the Press Registrar may contain;
(f) prescribing the form and manner in which an annual statement under clause (a) of section 19D, or any returns, statistics or other information under section 19E, may be furnished to the Press Registrar;
(g) prescribing the fees for furnishing copies of extracts from the Register and the manner in which such copies may be furnished;
(h) prescribing the manner in which a certificate of registration may be issued in respect of a newspaper;
(i) prescribing the form in which, and the time within which, annual reports may be prepared by the Press Registrar and forwarded to the Central Government. 4[(2) Every rule made under this section 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 5[in two or more successive sessions 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.]]

1[20B. Rules made under this Act may provide that contravention thereof shall be punishable.— Any rule made under any provision of this Act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.]

21. Power to exclude any class of books from operation of Act.—1[The State Government may, by notification in the Official Gazette], exclude any class of books 2[or papers] from the operation of the whole or any part or parts of this Act: 3[Provided that no such notification in respect of any class of newspapers shall be issued without consulting the Central Government.]

1[22. Extent.—This Act extends to the whole of India 2[***].]

23. Commencement of Act.—[Rep. by the Repealing Act, 1870 (14 of 1870), sec. 1 and Sch., Pt. II.]


1. Section 1 re-numbered as sub-section (1) thereof by Act 16 of 1965, sec. 2 (w.e.f. 1-11-1965).
2. The words “or lithographed” omitted by Act 55 of 1955, sec. 4 (w.e.f. 1-7-1956).
3. Definition of “British India” rep. by the A.O. 1937 see now the definition in sec. 3 (5) of the General Clauses Act, 1897 (10 of 1897).
4. Now Presidency Magistrate, see Code of Criminal Procedure, 1973 (2 of 1974).
5. The words “and a Justice of the Peace” rep. by Act 10 of 1890, sec. 2.
6. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
7. Paragraphs relating to the definitions of “Number” and “Gender” rep. by Act 10 of 1914, sec. 3 and Sch. II; definition of “Local Government” rep. by the A.O. 1937 and the definition of “States” ins. by the A.O. 1950 was rep. by Act 3 of 1951, sec. 3 and Sch.
8. Ins. by Act 55 of 1955, sec. 4 (w.e.f. 1-7-1956).
9. Ins. by Act 16 1965, sec. 2 (w.e.f. 1-11-1965).
10. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
11. Ins. by Act 12 of 1891, sec. 2 and Sch. II, Pt. I.
12. Section 4 re-numbered as sub-section (1) of that section by Act 55 of 1955, sec. 5 (w.e.f. 1-7-1956).
13. Subs. by Act 56 of 1951, sec. 36, for “the Magistrate” (w.e.f. 1-2-1952).
14. Ins. by Act 55 of 1955, sec. 5 (w.e.f. 1-7-1956).
15. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for certain words.
16. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
17. Subs. by Act 26 of 1960, sec. 2, for rule (1) (w.e.f. 1-10-1960) which was ins. by Act 14 of 1922, sec. 3 and Sch. I.
18. Rule (1) re-numbered as rule (2) by Act 14 of 1922, sec. 3 and Sch. I.
19. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “periodical work”.
20. The words “, or such printer or publisher resides,” omitted by Act 26 of 1960, sec. 2 (w.e.f. 1-10-1960).
21. Subs. by Act 55 of 1955, sec. 6, for certain words (w.e.f. 1-7-1956).
22. Ins. by Act 55 of 1955, sec. 6 (w.e.f. 1-7-1956).
23. Ins. by Act 26 of 1960, sec. 2 (w.e.f. 1-10-1960).
24. Rule (2) re-numbered as rule (3) by Act 14 of 1922, sec. 3 and Sch, I.
25. Subs. by Act 26 of 1960, sec. 2 for rule (4) (w.e.f. 1-10-1960) which had been re-numbered for the original rule (3) by Act 14 of 1922, sec. 3 and Sch. I.
26. Subs. by Act 26 of 1960, sec. 2, for “of the declaration” (w.e.f. 1-10-1960).
27. Ins. by Act 14 of 1922, sec. 3 and Sch. I
28. Ins. by Act 26 of 1960, sec. 2 (w.e.f. 1-10-1960).
29. Ins. by Act 16 of 1965, sec. 3 (w.e.f. 1-11-1965).
30. Subs. by Act 30 of 1968, sec. 2, for certain words (retrospectively).
31. Ins. by Act 55 of 1955, sec. 7 (w.e.f. 1-7-1956).
32. Subs. by Act 26 of 1960, sec. 3, for certain words (w.e.f. 1-10-1960).
33. Subs. by Act 10 of 1890, sec. 3, for certain words.
34. Subs. by Act 26 of 1960, sec. 3, for the fourth paragraph (w.e.f. 1-10-1960) which was ins. by Act 55 of 1955, sec. 7 (w.e.f. 1-7-1956).
35. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
36. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “periodical work”.
37. Subs. by Act 55 of 1955, sec. 8, for the first paragraph (w.e.f. 1-7-1956).
38. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “periodical work”.
39. Ins. by Act 55 of 1955, sec. 8 (w.e.f. 1-7-1956).
40. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
41. Ins. by Act 26 of 1960, sec. 4 (w.e.f. 1-10-1960).
42. Subs. by Act 37 of 1978, sec. 27, for certain words.
43. The words “or lithographed” omitted by Act 55 of 1955, sec. 9 (w.e.f. 1-7-1956).
44. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
45. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “periodical work”.
46. Subs. by the A.O. 1948, for certain words.
47. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
48. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
49. Ins. by Act 55 of 1955, sec. 10 (w.e.f. 1-7-1956).
50. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
51. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
52. Subs. by Act 55 of 1955, sec. 11, for “without making such a declaration as is required by section 4 of this Act” (w.e.f. 1-7-1956).
53. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
54. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
55. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
56. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
57. Subs. by Act 55 of 1955, sec. 12, for “any declaration” (w.e.f. 1-7-1956).
58. Section 15 re-numbered as sub-section (1) of that section by Act 26 of 1960, sec. 5 (w.e.f. 1-10-1960).
59. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
60. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “such periodical work as is hereinbefore described”.
61. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “such periodical work”.
62. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “that work”.
63. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
64. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
65. Ins. by Act 26 of 1960, sec. 5 (w.e.f. 1-10-1960).
66. Ins. by Act 55 of 1955, sec. 13 (w.e.f. 1-7-1956).
67. Subs. by Act 10 of 1890, sec. 5, for sections 16.
68. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
69. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States” (w.e.f. 1-4-1951).
70. Ins. by Act 55 of 1955, sec. 14 (w.e.f. 1-7-1956).
71. Subs. by Act 10 of 1890, sec. 5, for section 17.
72. Subs. by Act 11 of 1923, sec. 2 and Sch. I, for “the last foregoing section”.
73. See Now the Code of Criminal Procedure, 1973 (2 of 1974).
74. The second paragraph rep. by the A.O. 1937.
75. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States” (w.e.f. 1-4-1951).
76. Subs. by Act 10 of 1890, sec. 6, for “pursuant to section 9”.
77. Subs. by Act 55 of 1955, sec. 15, for “or lithographed” (w.e.f. 1-7-1956).
78. Subs. by Act 10 of 1890, sec. 6, for “copies thereof in manner aforesaid”.
79. Last sentence of section 18 rep. by Act 3 of 1914, sec. 15 and Sch. II.
80. The words “to the said Secretary of State, and” rep. by the A.O. 1948.
81. The word “respectively” omitted by the A.O. 1948.
82. Subs. by Act 26 of 1960, sec. 6, for certain words (w.e.f. 1-10-1960).
83. C1ause (b) omitted by Act 26 of 1960, sec. 7 (w.e.f. 1-10-1960).
84. Subs. by Act 20 of 1983, sec. 2 and Sch., for section 20 (w.e.f. 15-3-1984).
85. Ins. by Act 55 of 1955, sec. 18 (w.e.f. 1-7-1956).
86. Ins. by Act 26 of 1960, sec. 8 (w.e.f. 1-10-1960).
87. Subs. by Act 26 of 1960, sec. 8, for clause (b) (w.e.f. 1-10-1960).
88. Subs. by Act 26 of 1960, sec. 8, for sub-section (2) (w.e.f. 1-10-1960).
89. Subs. by Act 20 of 1983, sec. 2 and Sch., for certain words (w.e.f. 15-3-1984).
90. Ins. by Act 26 of 1960, sec. 9 (w.e.f. 1-10-1960).
91. Subs. by the A.O. 1937, for certain words.
92. Ins. by Act 11 of 1915, sec.2 and Sch. I.
93. Ins. by Act 26 of 1960, sec. 10 (w.e.f. 1-10-1960).
94. Ins. by Act 55 of 1955, sec. 19 (w.e.f. 1-7-1956). Earlier section 22 was repealed by Act 10 of 1890, sec. 7.
95. The words “except the State of Jammu and Kashmir” omitted by Act 16 of 1965, sec. 4 (w.e.f. 1-11-1965).

Sister Mina Lalitha Baruwa vs State Of Orissa & Ors [SC 2013 DECEMBER]

KEYWORDS:- Recalling witness- private prosecutor-

Capture

A reading Sections 301 and 311 together keeping in mind a situation like the one on hand, it will have to be stated that the trial Court should have examined whether invocation of Section 311 was required to arrive at a just decision. In other words even if in the consideration of the trial Court invocation of Section 301(2) was not permissible, the anomalous evidence deposed by PW-18 having been brought to its knowledge should have examined the scope for invoking Section 311 and set right the position. Unfortunately, as stated earlier, the trial Court was in a great hurry in rejecting the appellant’s application without actually relying on the wide powers conferred on it under Section 311 Cr.P.C for recalling PW-18 and ensuring in what other manner, the grievance expressed by the victim of a serious crime could be remedied. In this context, a reference to some of the decisions relied upon by the counsel for the appellant can be usefully made.

ACTS: SECTIONS 311 AND 301(2) OF Cr.P.C and Section 165 of the Evidence Act

DATE:  on 5 December, 2013

Bench: Surinder Singh Nijjar, Fakkir Mohamed Kalifulla

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2044 OF 2013
(@ SLP (CRL.) No.1103 of 2012)

Sister Mina Lalita Baruwa …. Appellant

VERSUS

State of Orissa and others …. Respondent

J U D G M E N T

Fakkir Mohamed Ibrahim Kalifulla, J.

1. Leave granted.

2. This appeal is directed against the order of the High Court of Cuttack in Criminal Miscellaneous Case No.1746 of 2011 dated 05.01.2012. The informant is the appellant before us. The informant is stated to be a Catholic Nun and according to her she was brutally assaulted, molested and also gang raped by the assailants who have been arrayed as accused in the session’s case which is being tried by the District & Sessions Judge in S.T. No.243 of 2010.

3. Briefly noting the contents in the charge-sheet, we find that one Swamy Laxmananda Saraswati was killed in Kandhamal District, which led to a communal violence in the entire district. The appellant and another Jesuit father by name Thomas Chellan and some others who were residents of Jesuit Home called ‘Divyajyoti Pastoral Centre’, Kanjamendi of district Kandhamal, fearing attack by the unruly mob took shelter in the house of one Prahallad Pradhan of village Kanjamendi on 24.08.2008.

4. On 25.08.2008, according to the appellant, around 1 p.m. a mob of about 40 to 50 persons came to the residence of the said Prahallad Pradhan, dragged her and other priests to the road while some of the members of the mob molested her and also brutally assaulted her. The appellant was stated to have been dragged to a nearby building called ‘Jana Vikash’ where the 8th accused, respondent No.9 herein, alleged to have raped her while the other accused aided for the commission of the said offence apart from molesting her.

5. The appellant was stated to have been subsequently handed over to the Block Development Officer of K. Nuagaon who in turn produced the appellant and the Jesuit father Chellan to the Inspector In-charge of Baliguda Police Station for necessary action. Thereafter, the appellant filed her complaint on 26.08.2008, whereafter she was medically examined at Baliguda Sub-Divisional Hospital and that her wearing apparels were sealed and sent to State FSL, Bhubneswar along with the exhibits collected by the medical officer. Those materials were stated to have been subsequently sent to CFSL Kolkata for DNA Profiling Test.

6. Appellant in her complaint stated that she would be in a position to identify the assailants though she was not knowing their names.

7. The issue with which we are now concerned relates to an alleged incorrect version stated by PW-18 before whom the Test Identification Parade was held on 05.01.2009. PW-18 was the Sub-Divisional Judicial Magistrate, Cuttack on that date. In the course of examination of PW- 18, the prescribed format of Schedule XLVII of Cr.P.C. along with the proceedings recorded by him were marked as Exhibit-8. The signatures of the witnesses were marked as Exhibits-8/1 to 8/5. The description of test identification parade, conducted by him, was marked as Exhibit- 8/6.

8. It was pointed out by Mr. Colin Gonsalves, learned senior counsel appearing for the appellant, that in Exhibit-8 either in the note or in the various columns of the format or in the proceedings recorded by PW-18 on 05.01.2009, there was no reference to any statement made by the appellant as regards the behaviour of respondent No.9 except mere identification of the suspects, namely, respondents No.3 and 9 and wrong identification of an under trial prisoner by name Santosh Kumar Swain. The learned senior counsel then brought to our notice a specific statement made by PW-18 in the course of the chief- examination which reads as under:

“Sister Mina Baruwa identified accused Santosh Patnaik as the said suspect gave her a slap, pulled her wearing Saree, squeezed her breasts and did not commit any other overt act.”

9. The grievance of the appellant is that while such an incorrect version was spoken to by PW-18 as an authorized officer who conducted the test identification parade, there was not even a suggestion put to PW-18 by the prosecution and thereby the said statement remained uncontroverted in so far as it related to the evidence of PW-18 vis-à-vis respondent No.9. The learned senior counsel submitted that since such a statement contained in the chief-examination of PW-18 was to the effect as though the appellant told him that apart from the alleged overt act of slapping, pulling of the saree worn by her and squeezing of the breasts nothing more was committed, it was imperative for the prosecution to have confronted PW-18 with particular reference to Exhbit-8 in order to make the recording of the evidence without any ambiguity or else it would seriously prejudice the case of the prosecution and the whole grievance of the appellant in having preferred the complaint as against the accused would be frustrated. The learned senior counsel further pointed out that when the appellant was cross-examined, she specifically refuted the above version of PW- 18 as under in paragraph 26:

“….It is not a fact that I stated before the S.D.J.M. Cuttack while identifying accused Santosh Kumar Patnaik that the said accused had given me a slap, pulled my saree and squeezed my breast and he did not commit any other offence. It is a fact that I did not state before the Magistrate when I identified accused Santosh @ Mitu Patnaik that the said accused sat on my thighs and raped me on the date of occurrence at Jana Vikash Kendra…..”

10. It was in the above stated background, according to the appellant, she approached the Special Public Prosecutor to set right the said deliberate misstatement of PW-18 in the evidence and confront PW-18 as to whatever stated by him was not reflected in the test identification parade report or the Annexure marked alongwith Exhibit-8. According to the appellant, the Special Public Prosecutor having not bothered to take any steps, an application was moved by the appellant herself before the learned trial Judge on 01.05.2011. In the proceedings of the learned Sessions Judge dated 16.05.2011 while making reference to the petition filed by the appellant for recalling PW-18, the learned trial Judge by stating that such a petition at the instance of the victim not having been filed by the Special Public Prosecutor, the same was rejected after hearing the appellant solely on the ground of maintainability.

11. Aggrieved by the said order, the appellant moved the High Court of Cuttack by way of Criminal M.C. No.1746 of 2011 in which the order impugned in this appeal came to be passed. The High Court while making reference to Section 301 of Cr.P.C., took the view that the appellant as an informant had a very limited role to play so far as the trial is concerned, that she could not have filed the petition to recall certain witnesses and that such a step was beyond the authority granted to an informant or a private person under Section 301 Cr.P.C. The High Court proceeded further and stated that reposing confidence in the trial Court that the learned trial Judge would eschew any fact not found on record or irrelevant and just decision would be rendered and further observed that it would however be open for the appellant to file a written submission in which event the trial Court should accept such written submission and consider the same while passing the judgment.

12. Mr. Colin Gonsalves, learned senior counsel while assailing the orders impugned in this appeal submitted that in a case of this nature where the victim suffered a diabolical crime at the hands of the respondent- accused and the Judicial Magistrate who was expected to depose before the Court in exactitude of what actually transpired in the course of the conduct of test identification parade, made a deliberate misstatement in contravention to what was found in Exhibit-8 which was a record prepared by him, it was incumbent upon the prosecution and also the Court to have ensured that no part of the evidence was allowed to be placed that would mislead the Court or which totally conflicts with the document, the author of which is the witness himself. The learned senior counsel submitted that in the light of the various decisions of this Court on interpretation of Section 301 read along with Section 311 of Cr.P.C and also on the locus of the appellant as a victim to seek for appropriate steps to be taken to rectify such grave error in the recording of evidence, submitted that the learned trial Judge, as well as the High Court, committed a serious error of law.

13. The learned senior counsel submitted that once the appellant brought to the notice of the learned Special Public Prosecutor and the learned trial Judge such an error apparent on the face of the record, having regard to the enormous powers vested with the learned trial Judge under Section 311 Cr.P.C., appropriate steps should have been taken to correct the errors by directing the Special Public Prosecutor to confront PW-18 on the particular statement by recalling him. The learned senior counsel, therefore, contended that the failure of the trial Judge, as well as, the High Court in doing so while passing the orders impugned in this appeal, persuaded the appellant to knock at the doors of this Court. Reliance was placed upon the decisions in Mohanlal Shamji Soni vs. Union of India and another – (1991) Supl.1 SCC 271, Rajendra Prasad vs. Narcotic Cell – (1999) 6 SCC 110, Sidhartha Vashisht alias Manu Sharma vs. State (NCT of Delhi) – (2010) 6 SCC 1, K. Pandurangan vs. S.S.R. Velusamy and another – (2003) 8 SCC 625, J.K. International vs. State (Govt. of NCT of Delhi) and others – (2001) 3 SCC 462 and Suga Ram alias Chhuga Ram vs. State of Rajasthan and others – (2006) 8 SCC 641.

14. The learned standing counsel appearing for the first respondent-State would only contend that the appellant never ever approached the Special Public Prosecutor in order to work out the remedies under Section 301 Cr.P.C. and, therefore, the order of the learned trial Judge, as well as the High Court, cannot be found fault with. The learned standing counsel only contended that PW-18 was examined on 30.07.2010 while the present application at the instance of the appellant was filed belatedly on 11.05.2011, nearly after 10 months and therefore, on the ground of delay as well the grievance of the appellant could not be redressed.

15. On behalf of 9th respondent, Mr. Rana Mukherjee, learned counsel by relying upon Shiv Kumar vs. Hukam Chand and another – (1999) 7 SCC 467, contended that the appellant had no locus to seek the remedy as prayed for before the trial Judge and the High Court.

16. Having heard the learned senior counsel for the appellant as well as the Public Prosecutor, the State counsel and counsel for the 9th respondent and having perused Exhibit-8, the evidence of PW-18 and PW- 25, who was the victim, the order of the learned trial Judge, as well as that of the High Court, we are of the considered view that both the learned trial Judge, as well as the High Court, miserably failed to come alive to the situation while dealing with a case of this nature where a charge under Section 376(2)(g) has been alleged against the accused in which PW-18 a Judicial Officer as a statutory authority who held the identification parade made a totally blatant and wrong statement not in consonance with the record of identification parade, namely, Exhibit-8 and thereby provided scope for serious illegality being committed for dispensing justice. At the very outset, however, we must state that whatever views which we express in the judgment are mainly pertaining to the nature of documentary evidence as recorded prior to the examination of PW-18 and PW-25, as well as, the oral evidence in the course of their examination before the trial Court.

17. Having perused the said evidence with particular reference to the issue brought to the notice of this Court, we are of the firm view that the inability of the trial Court in failing to take appropriate action as and when it was brought to its notice about the fallacy in the oral version, would certainly cause a serious miscarriage of justice, if allowed to remain. Unfortunately, in our considered view, the High Court appears to have adopted a very casual approach instead of attempting to find out as to the appropriate procedure which the trial Court should have followed in a situation like this. The High Court also committed a serious illegality in merely stating that under Section 301 Cr.P.C. there is no scope for a victim as a private party to take any effective step to rectify a serious fallacy committed by a statutory witness who is supposed to maintain cent per cent neutrality while giving evidence before the Criminal Court. Where the said witness is a Judicial Officer whose version before the Court carries much weight, by virtue of his status as a Judicial Officer while acting as a statutory witness, namely, as an officer who was authorized to hold a test identification parade, it was incumbent upon such witness to maintain utmost truthfulness without giving any scope for any party to gain any advantage by making a blatantly wrong statement contrary to records. We, therefore, find serious irregularity in the orders impugned in this appeal.

18. We are convinced that the grievances as projected by the appellant as a victim, who was a victim of an offence of such a grotesque nature, in our considered view, the trial Court as well as the High Court instead of rejecting the application of the appellant by simply making a reference to Section 301 Cr.P.C. in a blind folded manner, ought to have examined as to how the oral evidence of PW-18 which did not tally with Exhibit-8, the author of whom was PW-18 himself, to be appropriately set right by either calling upon the Special Public Prosecutor himself to take necessary steps or for that matter there was nothing lacking in the Court to have remedied the situation by recalling the said witness and by putting appropriate Court question. It is well settled that any crime is against the society and, therefore, if any witness and in the case on hand a statutory witness happened to make a blatantly wrong statement not born out from the records of his own, we fail to understand why at all the trial Court, as well as the High Court, should have hesitated or adopted a casual approach instead of taking appropriate measures to keep the record straight and clear any ambiguity in so far as the evidence part was concerned and also ensure that no prejudice was caused to any one. In our considered view, the Courts below should have made an attempt to reconcile Sections 301 and 311 Cr.P.C. in such peculiar situations and ensured that the trial proceeded in the right direction.

19. In criminal jurisprudence, while the offence is against the society, it is the unfortunate victim who is the actual sufferer and therefore, it is imperative for the State and the prosecution to ensure that no stone is left unturned. It is also the equal, if not more, the duty and responsibility of the Court to be alive and alert in the course of trial of a criminal case and ensure that the evidence recorded in accordance with law reflect every bit of vital information placed before it. It can also be said that in that process the Court should be conscious of its responsibility and at times when the prosecution either deliberately or inadvertently omit to bring forth a notable piece of evidence or a conspicuous statement of any witness with a view to either support or prejudice the case of any party, should not hesitate to interject and prompt the prosecution side to clarify the position or act on its own and get the record of proceedings straight. Neither the prosecution nor the Court should remain a silent spectator in such situations. Like in the present case where there is a wrong statement made by a witness contrary to his own record and the prosecution failed to note the situation at that moment or later when it was brought to light and whereafter also the prosecution remained silent, the Court should have acted promptly and taken necessary steps to rectify the situation appropriately. The whole scheme of the Code of Criminal Procedure envisages foolproof system in dealing with a crime alleged against the accused and thereby ensure that the guilty does not escape and innocent is not punished. It is with the above background, we feel that the present issue involved in the case on hand should be dealt with.

20. Keeping the said perspective in mind, we refer to Sections 301 and 311 of Cr.P.C.

“301. Appearance by public prosecutors.-(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.

(2) If in any such case any private person instructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.

311. Power to summon material witness, or examine person present.- Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re- examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.”

21. Having referred to the above statutory provisions, we could discern that while under Section 301(2) the right of a private person to participate in the criminal proceedings has got its own limitations, in the conduct of the proceedings, the ingredients of Section 311 empowers the trial Court in order to arrive at a just decision to resort to an appropriate measure befitting the situation in the matter of examination of witnesses. Therefore, a reading Sections 301 and 311 together keeping in mind a situation like the one on hand, it will have to be stated that the trial Court should have examined whether invocation of Section 311 was required to arrive at a just decision. In other words even if in the consideration of the trial Court invocation of Section 301(2) was not permissible, the anomalous evidence deposed by PW-18 having been brought to its knowledge should have examined the scope for invoking Section 311 and set right the position. Unfortunately, as stated earlier, the trial Court was in a great hurry in rejecting the appellant’s application without actually relying on the wide powers conferred on it under Section 311 Cr.P.C for recalling PW-18 and ensuring in what other manner, the grievance expressed by the victim of a serious crime could be remedied. In this context, a reference to some of the decisions relied upon by the counsel for the appellant can be usefully made.

22. In the decision reported in J.K. International (supra), this Court considered the extent to which a complainant can seek for the redressal of his grievances in the on going criminal proceedings which was initiated at the behest of the complainant. Some of the passages in paragraphs 8, 9, 10 and 12 can be usefully referred to which are as under:

8.……What is the advantage of the court in telling him that he would not be heard at all even at the risk of the criminal proceedings initiated by him being quashed. It is no solace to him to be told that if the criminal proceedings are quashed he may have the right to challenge it before the higher forums.

9. The scheme envisaged in the Code of Criminal Procedure (for short “the Code”) indicates that a person who is aggrieved by the offence committed, is not altogether wiped out from the scenario of the trial merely because the investigation was taken over by the police and the charge-sheet was laid by them. Even the fact that the court had taken cognizance of the offence is not sufficient to debar him from reaching the court for ventilating his grievance…….

10. The said provision falls within the Chapter titled “General Provisions as to Inquiries and Trials”. When such a role is permitted to be played by a private person, though it is a limited role, even in the Sessions Courts, that is enough to show that the private person, if he is aggrieved, is not wiped off from the proceedings in the criminal court merely because the case was charge-sheeted by the police. It has to be stated further, that the court is given power to permit even such private person to submit his written arguments in the court including the Sessions Court. If he submits any such written arguments the court has a duty to consider such arguments before taking a decision.

12.……The limited role which a private person can be permitted to play for prosecution in the Sessions Court has been adverted to above. All these would show that an aggrieved private person is not altogether to be eclipsed from the scenario when the criminal court takes cognizance of the offences based on the report submitted by the police. The reality cannot be overlooked that the genesis in almost all such cases is the grievance of one or more individual that they were wronged by the accused by committing offences against them.” (Emphasis Added)

23. In the famous Best Bakery case in Zahira Habibullah H. Sheikh and another vs. State of Gujarat and others – (2004) 4 SCC 158, this Court has reminded the conscientious role to be played by the criminal Courts in order to ensure that the Court is alive to the realities, realizing its width of power available under Section 311 of the Cr.P.C read along with Section 165 of the Evidence Act. The relevant part of the said decision can be culled out from paragraphs 43, 44, 46 and 56, which are as under:

“43. The courts have to take a participatory role in a trial. They are not expected to be tape recorders to record whatever is being stated by the witnesses. Section 311 of the Code and Section 165 of the Evidence Act confer vast and wide powers on presiding officers of court to elicit all necessary materials by playing an active role in the evidence-collecting process. They have to monitor the proceedings in aid of justice in a manner that something, which is not relevant, is not unnecessarily brought into record. Even if the prosecutor is remiss in some ways, it can control the proceedings effectively so that the ultimate objective i.e. truth is arrived at. This becomes more necessary where the court has reasons to believe that the prosecuting agency or the prosecutor is not acting in the requisite manner. The court cannot afford to be wishfully or pretend to be blissfully ignorant or oblivious to such serious pitfalls or dereliction of duty on the part of the prosecuting agency. The prosecutor who does not act fairly and acts more like a counsel for the defence is a liability to the fair judicial system, and courts could not also play into the hands of such prosecuting agency showing indifference or adopting an attitude of total aloofness.

44. The power of the court under Section 165 of the Evidence Act is in a way complementary to its power under Section 311 of the Code. The section consists of two parts i.e.: (i) giving a discretion to the court to examine the witness at any stage, and (ii) the mandatory portion which compels the court to examine a witness if his evidence appears to be essential to the just decision of the court. Though the discretion given to the court is very wide, the very width requires a corresponding caution. In Mohanlal v. Union of India this Court has observed, while considering the scope and ambit of Section 311, that the very usage of the words such as, “any court”, “at any stage”, or “any enquiry or trial or other proceedings”, “any person” and “any such person” clearly spells out that the section has expressed in the widest-possible terms and do not limit the discretion of the court in any way. However, as noted above, the very width requires a corresponding caution that the discretionary powers should be invoked as the exigencies of justice require and exercised judicially with circumspection and consistently with the provisions of the Code…….

46. …….Section 311 of the Code does not confer on any party any right to examine, cross-examine and re-examine any witness. This is a power given to the court not to be merely exercised at the bidding of any one party/person but the powers conferred and discretion vested are to prevent any irretrievable or immeasurable damage to the cause of society, public interest and miscarriage of justice. Recourse may be had by courts to power under this section only for the purpose of discovering relevant facts or obtaining proper proof of such facts as are necessary to arrive at a just decision in the case.

56. As pithily stated in Jennison v. Baker: (All ER p. 1006d) “The law should not be seen to sit by limply, while those who defy it go free, and those who seek its protection lose hope.” Courts have to ensure that accused persons are punished and that the might or authority of the State are not used to shield themselves or their men. It should be ensured that they do not wield such powers which under the Constitution has to be held only in trust for the public and society at large. If deficiency in investigation or prosecution is visible or can be perceived by lifting the veil trying to hide the realities or covering the obvious deficiencies, courts have to deal with the same with an iron hand appropriately within the framework of law. It is as much the duty of the prosecutor as of the court to ensure that full and material facts are brought on record so that there might not be miscarriage of justice. (See Shakila Abdul Gafar Khan v. Vasant Raghunath Dhoble.)” (Emphasis added)

24. The said decision was also subsequently followed in a recent decision of this Court in Sidhartha Vashisht alias Manu Sharma (supra), wherein one sentence in paragraph 188 is relevant for our purpose, which reads as under:

“188. It is also important to note the active role which is to be played by a court in a criminal trial. The court must ensure that the Prosecutor is doing his duties to the utmost level of efficiency and fair play. This Court, in Zahira Habibulla H. Sheikh v. State of Gujarat, has noted the daunting task of a court in a criminal trial while noting the most pertinent provisions of the law…..

(Emphasis added)

25. In one of the earlier decisions of this Court in Mohanlal Shamji Soni (supra), wherein Section 540 of Cr.P.C of 1898 which corresponds with Section 311 Cr.P.C of 1973, this Court has pithily stated the purport and intent of the said section, which is to be worked out at times of need by the Criminal Courts in order to ensure that justice always triumphs. Paragraph 16 of the said decision is relevant for our purpose which reads as under:

“16. The second part of Section 540 as pointed out albeit imposes upon the court an obligation of summoning or recalling and re-examining any witness and the only condition prescribed is that the evidence sought to be obtained must be essential to the just decision of the case. When any party to the proceedings points out the desirability of some evidence being taken, then the court has to exercise its power under this provision — either discretionary or mandatory — depending on the facts and circumstances of each case, having in view that the most paramount principle underlying this provision is to discover or to obtain proper proof of relevant facts in order to meet the requirements of justice. In this connection we would like to quote with approval the following views of Lumpkin, J. in Epps v. S., which reads thus:

“… it is not only the right but the duty of the presiding judge to call the attention of the witness to it, whether it makes for or against the prosecution; his aim being neither to punish the innocent nor screen the guilty, but to administer the law correctly …. Counsel seek only for their client’s success; but the judge must watch that justice triumphs.” (Emphasis added)
26. In the decision in Rajendra Prasad (supra), this Court pointed out the distinction between lacuna in the prosecution and a mistake or error inadvertently committed which can always be allowed to be set right by permitting parties concerned by the Criminal Courts in exercise of its powers conferred under Section 311 Cr.P.C or under Section 165 of the Evidence Act. In paragraph 7, this Court has clarified as to what is a lacuna which is distinct and different from an error committed by a public prosecutor in the course of trial. The relevant part of the said paragraph reads as under:

“……A lacuna in the prosecution is not to be equated with the fallout of an oversight committed by a Public Prosecutor during trial, either in producing relevant materials or in eliciting relevant answers from witnesses…….”

27. Again in paragraph 8, this Court has pointed out as to the duty of the Criminal Court to allow the prosecution to correct such errors in the interest of justice. Paragraph 8 of the said judgment reads as under:

“8. Lacuna in the prosecution must be understood as the inherent weakness or a latent wedge in the matrix of the prosecution case. The advantage of it should normally go to the accused in the trial of the case, but an oversight in the management of the prosecution cannot be treated as irreparable lacuna. No party in a trial can be foreclosed from correcting errors. If proper evidence was not adduced or a relevant material was not brought on record due to any inadvertence, the court should be magnanimous in permitting such mistakes to be rectified. After all, function of the criminal court is administration of criminal justice and not to count errors committed by the parties or to find out and declare who among the parties performed better.” (Emphasis added)

28. On behalf of the 9th respondent, Mr. Rana Mukherjee, learned counsel placed reliance upon the decision in Shiv Kumar (supra). By relying upon the said decision the learned counsel contended that the complainant cannot be permitted to conduct the prosecution by simply relying upon Section 301 of Cr.P.C. When we consider the said submission of the learned counsel with reference to the decision relied upon by him, we find that the said decision can have no application to the case on hand. That was a case where the complainant engaged his counsel and wanted to conduct the chief examination when he was to be examined as a witness for the prosecution. The said prayer of the complainant was objected to on behalf of the accused on the premise that a private counsel cannot conduct prosecution in a session’s trial. Though the trial Court allowed an application to be filed on behalf of the complainant, which was also endorsed by the public prosecutor, the revision filed by the accused was allowed and the order of the trial Court was set aside. While dealing with the said situation, this Court observed as under in paragraph 14:

“14. It is not merely an overall supervision which the Public Prosecutor is expected to perform in such cases when a privately engaged counsel is permitted to act on his behalf. The role which a private counsel in such a situation can play is, perhaps, comparable with that of a junior advocate conducting the case of his senior in a court. The private counsel is to act on behalf of the Public Prosecutor albeit the fact that he is engaged in the case by a private party. If the role of the Public Prosecutor is allowed to shrink to a mere supervisory role the trial would become a combat between the private party and the accused which would render the legislative mandate in Section 225 of the Code a dead letter.”

29. As stated by us earlier the facts involved in the said case are drastically different from what is prevailing in the case on hand. From what has been stated in paragraph 14 of the said decision, when the complainant wanted to conduct the case of the prosecution itself, though with the permission of the public prosecutor, the Court has found that such a course, though was permissible to some extent before the Magistrate under Section 302 of Cr.P.C, the same cannot be permitted to the extent allowed to by the Court of Sessions by invoking Section 301 of Cr.P.C. We, therefore, do not find any scope to apply the said decision to the facts of this case.

30. Learned counsel for the State relied upon the decision in Umar Mohammad and others vs. State of Rajasthan – (2007) 14 SCC 711, in particular paragraph 38 of the said decision, and contended that even by invoking Section 311 of Cr.P.C. the Court cannot come to the aid of the appellant. On a reading of paragraph 38, we do not find any scope at all to apply the ratio laid down in the said decision to the case on hand. That was a case where PW-1 who was examined in Court in July 1994 later on filed an application in May 1995 stating that five accused persons named in the case were innocent and, therefore, they should be discharged by relying upon Section 311 of Cr.P.C. The said application was rejected by the trial Court, as well as by the High Court in revision. Finding that 311 of Cr.P.C has no application to the fact of the said case, this Court held that PW-1 having been won over by virtue of the fact that the application came to be filed after nine months of his chief examination, there was absolutely no bona fides and the rejection of the application was therefore well in order.

31. Having noted the various decisions relied upon by the learned counsel for the appellant referred to above on the interpretation of Sections 301 and 311 of Cr.P.C, as well as Section 165 of the Evidence Act, it will have to be held that the various propositions laid down in the said decisions support our conclusion that a Criminal Court, while trying an offence, acts in the interest of the society and in public interest. As has been held by this Court in Zahira Habibullah H. Sheikh (supra), a Criminal Court cannot remain a silent spectator. It has got a participatory role to play and having been invested with enormous powers under Section 311 of Cr.P.C, as well as Section 165 of the Evidence Act, a trial Court in a situation like the present one where it was brought to the notice of the Court that a flagrant contradiction in the evidence of PW-18 who was a statutory authority and in whose presence the test identification parade was held, who is also a Judicial Magistrate, ought to have risen to the occasion in public interest and remedied the situation by invoking Section 311 of Cr.P.C, by recalling the said witness with the further direction to the public prosecutor for putting across the appropriate question or court question to the said witness and thereby set right the glaring error accordingly. It is unfortunate to state that the trial Court miserably failed to come alive to the realities as to the nature of evidence that was being recorded and miserably failed in its duty to note the serious flaw and error in the recording of evidence of PW-18. In this context, it must be stated that the prosecutor also unfortunately failed in his duty in not noting the deficiency in the evidence. The observation of the High Court while disposing of the revision by making a casual statement that the appellant can always file the written argument equally in our considered opinion, was not the proper approach to a situation like the present one. What this court wishes to ultimately convey to the courts below is that while dealing with a litigation, in particular while conducting a criminal proceeding, maintain a belligerent approach instead of a wooden one.

32. Having noted the above-mentioned decisions laid before us by the learned counsel for the parties on the scope of Section 311 Cr.P.C., we wish to refer a recent decision rendered by this Court in Rajaram Prasad Yadav vs. State of Bihar and another – AIR 2013 SC 3081, wherein in paragraph 14 the law has been stated as under:

14. A conspicuous reading of Section 311, Cr.P.C. would show that widest of the powers have been invested with the Courts when it comes to the question of summoning a witness or to recall or re-examine any witness already examined. A reading of the provision shows that the expression “any” has been used as a pre-fix to “court”, “inquiry”, “trial”, “other proceeding”, “person as a witness”, “person in attendance though not summoned as a witness”, and “person already examined”. By using the said expression “any” as a pre-fix to the various expressions mentioned above, it is ultimately stated that all that was required to be satisfied by the Court was only in relation to such evidence that appears to the Court to be essential for the just decision of the case………. Therefore, a reading of Section 311, Cr.P.C. and Section 138 Evidence Act, insofar as it comes to the question of a criminal trial, the order of re-examination at the desire of any person under Section 138, will have to necessarily be in consonance with the prescription contained in Section 311, Cr.P.C. It is, therefore, imperative that the invocation of Section 311, Cr.P.C. and its application in a particular case can be ordered by the Court, only by bearing in mind the object and purport of the said provision, namely, for achieving a just decision of the case as noted by us earlier. The power vested under the said provision is made available to any Court at any stage in any inquiry or trial or other proceeding initiated under the Code for the purpose of summoning any person as a witness or for examining any person in attendance, even though not summoned as witness or to recall or re-examine any person already examined. Insofar as recalling and re-examination of any person already examined, the Court must necessarily consider and ensure that such recall and re-examination of any person, appears in the view of the Court to be essential for the just decision of the case. Therefore, the paramount requirement is just decision and for that purpose the essentiality of a person to be recalled and re-examined has to be ascertained. To put it differently, while such a widest power is invested with the Court, it is needless to state that exercise of such power should be made judicially and also with extreme care and caution.

33. Having regard to our above conclusions we find that the order of the trial Court, as well as that of the High Court cannot be sustained and while setting aside the same, we direct the trial Court to recall PW- 18 and call upon the prosecutor to cross-examine the said witness on the aspect relating to the statement, namely, “Sister Mina Baruwa identified accused Santosh Patnaik as the said suspect gave her a slap, pulled her wearing Saree, squeezed her breasts and did not commit any other overt act” vis-à-vis the contents of the statement recorded by PW-18 in Exhibit-8 at the time of test identification parade when the appellant as PW-25 identified the respondent No.9 as has been prayed for on behalf of the appellant and also provide an opportunity to the appellant to file the written arguments on her behalf as provided under Section 301 of Cr.P.C. Since the trial was withheld by virtue of the pendency of this appeal till this date, the trial Court is directed to comply with the directions as above and conclude the proceedings in accordance with law expeditiously, preferably within three months from the date of production of the copy of this order. The appeal stands allowed on the above terms.

[Surinder Singh Nijjar]

[Fakkir Mohamed Ibrahim Kalifulla]

New Delhi;

December 05, 2013.

Subhash Chand vs State(Delhi Administration) [SC 2013 JANUARY ]

KEYWORDS:- APPEAL BY COMPLAINANT-

Capture

A complainant can file an application for special leave to appeal against an order of acquittal of any kind only to the High Court. He cannot file such appeal in the Sessions Court.

DATE : 8 January, 2013

Bench: Aftab Alam, Ranjana Prakash Desai

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 50 OF 2013

[Arising out of Special Leave Petition (Crl.) No.6937 of 2011]

SUBHASH CHAND … APPELLANT

Vs.

STATE (DELHI ADMINISTRATION). … RESPONDENTS

JUDGMENT
(SMT.) RANJANA PRAKASH DESAI, J.

1. Leave granted.

2. This appeal, by special leave, is directed against judgment and order dated 07/01/2011 passed by the High Court of Delhi in Criminal Misc. Case No.427 of 2009 whereby the High Court dismissed the petition filed by the appellant holding that an appeal filed by the State against an order of acquittal shall lie to the Sessions Court under Section 378(1) of the Code of Criminal Procedure, 1973 (for short, “the Code”) and not under Section 378(4) of the Code to the High Court.

3. The appellant is the supplier-cum-manufacturer of the food article namely Sweetened Carbonated Water. He is carrying on business in the name and style of M/s. Subhash Soda Water Factory. On 6/6/1989 at about 4.15 p.m., one P.N. Khatri, Food Inspector, purchased a sample of sweetened carbonated water for analysis from one Daya Chand Jain, Vendor-cum- Contractor of Canteen at Suraj Cinema, Dhansa Road, Najafgarh, Delhi. After following the necessary procedure, the sample was sent to the Public Analyst for analysis. On analysis, the Public Analyst opined that the sample does not conform to the prescribed standard. After conclusion of the investigation, the respondent–State through its Local Health Authority

– P.K. Jaiswal filed a Complaint bearing No.64 of 1991 against the appellant and Daya Chand in the Court of the Metropolitan Magistrate, New Delhi alleging that the appellant and the said Daya Chand had violated the provisions of Sections 2(ia), (a), (b), (f), (h), (l), (m), Section 2(ix)

(j), (k) and Section 24 of the Prevention of Food Adulteration Act, 1954 (for short, “PFA Act”) and Rule 32, Rule 42 (zzz)(i) and Rule 47 of the Prevention of Food Adulteration Rules, 1955 (for short, “the Rules”) and committed an offence punishable under Section 16(1)(1A) read with Section 7 of the PFA Act and the Rules. Since Daya Chand died during the pendency of the case, the case abated as against him. The appellant was tried and acquitted by learned Magistrate by order dated 27/2/2007.

4. Being aggrieved by the said order dated 27/2/2007, the respondent- State preferred Criminal Appeal No.13 of 2008 in the Sessions Court under Section 378(1)(a) of the Code. The appellant raised a preliminary objection in regard to the maintainability of the said Appeal before the Sessions Court in view of Section 378(4) of the Code. He contended that an appeal arising from an order of acquittal in a complaint case shall lie to the High Court. The said objection was rejected by the Sessions Court by order dated 4/2/2009.

5. Aggrieved by the said order dated 4/2/2009, the appellant preferred Criminal Misc. Case No.427 of 2009 before the High Court. By order dated 9/7/2009, the High Court held that the Sessions Court has no jurisdiction to entertain an appeal filed in a complaint case and directed that the appeal be transferred to it. Accordingly, Criminal Appeal No.13 of 2008 pending before the Sessions Court was transferred to the High Court and re- numbered as Criminal Appeal No.642 of 2009.

6. The respondent-State carried the said order dated 9/7/2009 to this court by Special Leave Petition (Crl.) No.9880 of 2009 (Criminal Appeal No.1514 of 2010). By order dated 13/8/2010, this court remanded the matter to the High Court and directed that the matter be decided afresh after taking into consideration Sections 378(1) and 378(4) of the Code and the relevant provisions of the PFA. On remand, the High Court passed the impugned judgment and order dated 7/1/2011.

7. The short point which arises for consideration in this appeal is whether in a complaint case, an appeal from an order of acquittal of the Magistrate would lie to the Sessions Court under Section 378(1) (a) of the Code or to the High Court under Section 378(4) of the Code.

8. At our request, Mr. Sidharth Luthra, learned Additional Solicitor General has assisted us as Amicus Curiae. We have heard Ms. Meenakshi Lekhi, learned counsel appearing for the petitioner and Mr. P.P. Malhotra, learned Additional Solicitor General appearing for the State. Written submissions have been filed by the counsel which we have carefully perused. Mr. Luthra took us through the relevant excerpts of Law Commission’s reports. He took us through the Code of Criminal Procedure (Amendment) Bill, 1994 ( Bill No. XXXV of 1994). He also took us through un-amended and amended Section 378 of the Code. After analyzing the relevant provisions, Mr. Luthra submitted that no appeal lies against an order of acquittal in cases instituted upon a complaint to the Sessions Court. Ms. Lekhi also adopted similar line of reasoning.

9. Mr. Malhotra learned Additional Solicitor General adopted a different line of argument and therefore, it is necessary to note his submissions in detail. Counsel pointed out how the law relating to appeals against orders of acquittal has evolved over the years. Counsel submitted that under the Code of Criminal Procedure, 1861 no appeal against an order of acquittal could be filed. The Code of Criminal Procedure, 1872 permitted only the State Government to file an appeal against acquittal order. Section 417 of the Criminal Procedure Code, 1898 permitted only the State to file an appeal against acquittal order. In 1955 it was amended so as to permit the complainant to file an appeal against acquittal order. Under the Code of Criminal Procedure, 1973, Section 417 was substituted by Section 378. Counsel pointed out that under Section 378(4) a complainant could prefer appeal against order of acquittal, if special leave was granted by the High Court. However, in all cases the State could present appeal against order of acquittal. Counsel then referred to Section 378 of the Code as amended by Act No. 25 of 2005 and submitted that the only change in sub-section (1) is adding clauses (a) and (b) to it. Counsel described this change as minor and submitted that the State’s right to file appeal against orders of acquittal remains intact and is not taken away. Counsel relied on the words ‘State Government may, in any case’ and submitted that these words preserve the State’s right to file appeal against acquittal orders of all types. There is no limitation on this right whatsoever. This right is preserved according to the counsel because the State is the protector of people. Safety and security of the community is its concern. Even if a complainant does not file an appeal against an order of acquittal, the State Government can in public interest file it. Counsel also addressed us on the question of plurality of appeals. That issue is not before us. It is, therefore, not necessary to refer to that submission. In support of his submissions counsel placed reliance on Khemraj v. State of Madhya Pradesh[1], State (Delhi Adminsitration) v. Dharampal[2], Akalu Ahir & Ors. v. Ramdeo Ram[3], State v. Ram Babu & Ors.[4], Food Inspector v. Moidoo[5], Prasannachary v. Chikkapinachari & Anr.[6], State of Maharashtra v. Limbaji Sayaji Mhaske, Sarpanch Gram Panchayat[7], State of Punjab & Anr. v. Jagan Nath[8] and State of Orissa v. Sapneswar Thappa[9].

10. To understand the controversy, it is necessary to have a look at Section 378 of the Code prior to its amendment by Act 25 of 2005 and Section 378 amended thereby.

11. Section 378 of the Code prior to its amendment by Act 25 of 2005 read as under:

“Appeal in case of acquittal.
378. Appeal in case of acquittal. (1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court 2*[or an order of acquittal passed by the Court of Session in revision.] (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub-section (3), to the High Court from the order of acquittal.
(3) No appeal under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.
(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(6) If in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub- section (1) or under sub-section (2).” Thus, under earlier Section 378(1) of the Code, the State Government could, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any court other than a High Court or an order of acquittal passed by the Court of Session in revision. Section 378(2) covered cases where order of acquittal was passed in any case in which the offence had been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 or by any other agency empowered to make investigation into an offence under any Central Act other than the Code. In such cases, the Central Government could also direct the Public Prosecutor to present an appeal to the High Court from an order of acquittal. Section 378(3) stated that appeals under sub-sections (1) and (2) of Section 378 of the Code could not be entertained except with the leave of the High Court. Sub-section (4) of Section 378 of the Code provided for orders of acquittal passed in any case instituted upon complaint. According to this provision, if on an application made to it by the complainant, the High Court grants special leave to appeal from the order of acquittal, the complainant could present such an appeal to the High Court. Sub-section (5) of Section 378 of the Code provided for a period of limitation. Sub-section (6) of Section 378 of the Code stated that if in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-sections (1) or (2). Thus, if the High Court refused to grant special leave to appeal to the complainant, no appeal from that order of acquittal could be filed by the State or the agency contemplated in Section 378(2). It is clear from these provisions that earlier an appeal against an order of acquittal could only lie to the High Court. Sub-section (4) was aimed at giving finality to the orders of acquittal.

12. Before we proceed to analyze the amended Section 378 of the Code, it is necessary to quote the relevant clause in the 154th Report of the Law Commission of India, which led to the amendment of Section 378 by Act 25 of 2005. It reads thus:

“6.12. Clause 37: In order to guard against the arbitrary exercise of power and to reduce reckless acquittals, Section 378 is sought to be amended providing an appeal against an order of acquittal passed by a Magistrate in respect of cognizable and non-bailable offence filed on a police report to the Court of Session as directed by the District Magistrate. In respect of all other cases filed on a police report, an appeal shall lie to the High Court against an order of acquittal passed by any other court other than the High Court, as directed by the State Government. The power to recommend appeal in the first category is sought to be vested in the District Magistrate and the power in respect of second category would continue with the State Government.” The Code of Criminal Procedure (Amendment) Bill, 1994 has the same note on Clause 37.
13. Though, the Law Commission’s 154th report indicated that Section 378 was being amended to provide that an appeal against an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence filed on a police report would lie to the court of Sessions, the words “police report” were not included in the amended Section 378. In this connection, it is necessary to refer to the relevant extract from the Law Commission’s 221st report of April, 2009. After noting amendment made to Section 378 the Law Commission stated as under:

“2.9 All appeals against orders of acquittal passed by Magistrates were being filed in High Court prior to amendment of Section 378 by Act 25 of 2005. Now, with effect from 23.06.2006, appeals against orders of acquittal passed by Magistrates in respect of cognizable and non-bailable offences in cases filed on police report are being filed in the Sessions Court, vide clause (a) of sub-section (1) of the said section. But, appeal against order of acquittal passed in any case instituted upon complaint continues to be filed in the High Court, if special leave is granted by it on an application made to it by the complainant, vide sub-section (4) of the said section.

2.10 Section 378 needs change with a view to enable filing of appeals in complaint cases also in the Sessions Court, of course, subject to the grant of special leave by it.” These two extracts of the Law Commission’s report make it clear that though the words ‘police report’ are not mentioned in Section 378(1) (a), the Law Commission noted that the effect of the amendment was that all appeals against an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence in cases filed on police report are being filed in the Sessions Court. The Law Commission lamented that there is no provision enabling filing of appeal in complaint cases in the Sessions Court subject to the grant of special leave by it. Thus, the Law Commission acknowledged that there is no provision in the Code under which appeals in complaint cases could be filed in the Sessions Court. We agree with this opinion for reasons which we shall now state.

14. Having analysed un-amended Section 378 it is necessary to have a look at Section 378 of the Code, as amended by Act 25 of 2005. It reads as under:

“378. Appeal in case of acquittal.
[(1) Save as otherwise provided in sub-section (2) and subject to the provisions of subsections (3) and (5), –

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non- bailable offence;

(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any court other than a High Court [not being an order under clause (a)] [or an order of acquittal passed by the Court of Session in revision].

(2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code. [the Central Government may, subject to the provisions of sub- section (3), also direct the Public Prosecutor to present an appeal-

(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal] passed by the Court of Session in revision.] (3)[No appeal to the High Court] under subsection (1) or subsection (2) shall be entertained except with the leave of the High Court.

(4) If such an order of’ acquittal is passed in any case instituted upon Complaint and the High Court, on an application made to it by the complainant in this behalf, grants, special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.

(5) No application under subsection (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.

(6) If in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub- section (1) or under subsection (2).”

15. At the outset, it must be noted that as per Section 378(3) appeals against orders of acquittal which have to be filed in the High Court under Section 378(1)(b) and 378(2)(b) of the Code cannot be entertained except with the leave of the High Court. Section 378(1)(a) provides that, in any case, if an order of acquittal is passed by a Magistrate in respect of a cognizable and non-bailable offence the District Magistrate may direct the Public Prosecutor to present an appeal to the court of Sessions. Sub- Section (1)(b) of Section 378 provides that, in any case, the State Government may direct the Public Prosecutor to file an appeal to the High Court from an original or appellate order of acquittal passed by any court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. Sub-Section(2) of Section 378 refers to orders of acquittal passed in any case investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 or by any other agency empowered to make investigation into an offence under any Central Act other than the Code. This provision is similar to sub-section(1) except that here the words ‘State Government’ are substituted by the words ‘Central Government’.

16. If we analyse Section 378(1)(a) & (b), it is clear that the State Government cannot direct the Public Prosecutor to file an appeal against an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence because of the categorical bar created by Section 378(1)(b). Such appeals, that is appeals against orders of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence can only be filed in the Sessions Court at the instance of the Public Prosecutor as directed by the District Magistrate. Section 378(1)(b) uses the words “in any case” but leaves out orders of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence from the control of the State Government. Therefore, in all other cases where orders of acquittal are passed appeals can be filed by the Public Prosecutor as directed by the State Government to the High Court.

17. Sub-Section (4) of Section 378 makes provision for appeal against an order of acquittal passed in case instituted upon complaint. It states that in such case if the complainant makes an application to the High Court and the High Court grants special leave to appeal, the complainant may present such an appeal to the High Court. This sub-section speaks of ‘special leave’ as against sub-section (3) relating to other appeals which speaks of ‘leave’. Thus, complainant’s appeal against an order of acquittal is a category by itself. The complainant could be a private person or a public servant. This is evident from sub-section (5) which refers to application filed for ‘special leave’ by the complainant. It grants six months period of limitation to a complainant who is a public servant and sixty days in every other case for filing application. Sub- Section (6) is important. It states that if in any case complainant’s application for ‘special leave’ under sub-Section (4) is refused no appeal from order of acquittal shall lie under sub-section (1) or under sub- section (2). Thus, if ‘special leave’ is not granted to the complainant to appeal against an order of acquittal the matter must end there. Neither the District Magistrate not the State Government can appeal against that order of acquittal. The idea appears to be to accord quietus to the case in such a situation.

18. Since the words ‘police report’ are dropped from Section 378(1) (a) despite the Law Commission’s recommendation, it is not necessary to dwell on it. A police report is defined under Section 2(r) of the Code to mean a report forwarded by a police officer to a Magistrate under sub-section (2) of Section 173 of the Code. It is a culmination of investigation by the police into an offence after receiving information of a cognizable or a non- cognizable offence. Section 2(d) defines a complaint to mean any allegation made orally or in writing to a Magistrate with a view to his taking action under the Code, that some person, whether known or unknown has committed an offence, but does not include a police report. Explanation to Section 2(d) states that a report made by a police officer in a case which discloses after investigation, the commission of a non- cognizable offence shall be deemed to be a complaint, and the police officer by whom such report is made shall be deemed to be the complainant. Sometimes investigation into cognizable offence conducted under Section 154 of the Code may culminate into a complaint case (cases under the Drugs & Cosmetics Act, 1940). Under the PFA Act, cases are instituted on filing of a complaint before the Court of Metropolitan Magistrate as specified in Section 20 of the PFA Act and offences under the PFA Act are both cognizable and non-cognizable. Thus, whether a case is a case instituted on a complaint depends on the legal provisions relating to the offence involved therein. But once it is a case instituted on a complaint and an order of acquittal is passed, whether the offence be bailable or non- bailable, cognizable or non-cognizable, the complainant can file an application under Section 378(4) for special leave to appeal against it in the High Court. Section 378(4) places no restriction on the complainant. So far as the State is concerned, as per Section 378(1)(b), it can in any case, that is even in a case instituted on a complaint, direct the Public Prosecutor to file an appeal to the High Court from an original or appellate order of acquittal passed by any court other than High Court. But there is, as stated by us hereinabove, an important inbuilt and categorical restriction on the State’s power. It cannot direct the Public Prosecutor to present an appeal from an order of acquittal passed by a Magistrate in respect of a cognizable and non-cognizable offence. In such a case the District Magistrate may under Section 378(1)(a) direct the Public Prosecutor to file an appeal to the Session Court. This appears to be the right approach and correct interpretation of Section 378 of the Code.

19. Mr. Malhotra is right in submitting that it is only when Section 417 of the Criminal Procedure Code, 1898 was amended in 1955 that the complainant was given a right to seek special leave from the High Court to file an appeal to challenge an acquittal order. Section 417 was replaced by Section 378 in the Code. It contained similar provision. But, Act No.25 of 2005 brought about a major amendment in the Code. It introduced Section 378(1)(a) which permitted the District Magistrate, in any case, to direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence. For the first time a provision was introduced whereunder an appeal against an order of acquittal could be filed in the Sessions Court. Such appeals were restricted to orders passed by a Magistrate in cognizable and non-bailable offences. Section 378(1)(b) specifically and in clear words placed a restriction on the State’s right to file such appeals. It states that the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Sessions Court in revision. Thus, the State Government cannot present an appeal against an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence. We have already noted Clause 37 of the 154th Report of the Law Commission of India and Clause 37 of the Code of Criminal Procedure (Amendment) Bill, 1994 which state that in order to guard against the arbitrary exercise of power and to reduce reckless acquittals Section 378 was sought to be amended to provide appeal against an order of acquittal passed by a Magistrate in respect of cognizable and non-bailable offence. Thus, this step is taken by the legislature to check arbitrary and reckless acquittals. It appears that being conscious of rise in unmerited acquittals, in case of certain acquittals, the legislature has enabled the District Magistrate to direct the Public Prosecutor to present an appeal to the Sessions Court, thereby avoiding the tedious and time consuming procedure of approaching the State with a proposal, getting it sanctioned and then filing an appeal.

20. It is true that the State has an overall control over the law and order and public order of the area under its jurisdiction. Till Section 378 was amended by Act 25 of 2005 the State could prefer appeals against all acquittal orders. But the major amendment made in Section 378 by Act 25 of 2005 cannot be ignored. It has a purpose. It does not throw the concern of security of the community to the winds. In fact, it makes filing of appeals against certain types of acquittal orders described in Section 378(1)(a) easier, less cumbersome and less time consuming. The judgments cited by Mr. Malhotra pertain to Section 417 of the Criminal Procedure Code, 1898 and Section 378 prior to its amendment by Act 25 of 2005 and will, therefore, have no relevance to the present case.

21. In view of the above, we conclude that a complainant can file an application for special leave to appeal against an order of acquittal of any kind only to the High Court. He cannot file such appeal in the Sessions Court. In the instant case the complaint alleging offences punishable under Section 16(1)(1A) read with Section 7 of the PFA Act and the Rules is filed by complainant Shri Jaiswal, Local Health Authority through Delhi Administration. The appellant was acquitted by the Metropolitan Magistrate, Patiala House Courts, New Delhi. The complainant can challenge the order of acquittal by filing an application for special leave to appeal in the Delhi High Court and not in the Sessions Court. Therefore, the impugned order holding that this case is not governed by Section 378(4) of the Code is quashed and set aside. In the circumstances the appeal is allowed.

(AFTAB ALAM)

(RANJANA PRAKASH DESAI)


[1] 1976 (1) SCC 385
[2] 2001(10) SCC 372
[3] 1973(2) SCC 583
[4] 1970 AWR 288
[5] 1988 (2) KLT 205
[6] 1959 AIR (Kant) 106
[7] 1976 (Mah.) LJ 475
[8] 1986 (90) PLR 466
[9] 1987 Cri.L.J. 612

Johar and Ors Vs Mangal Prasad and Anr [SC 2008 January ]

KEYWORDS:- Revision by private person –

Capture

Jurisdiction of the High Court to entertain revision against acquittal is not barred, but is severally restricted. The High Court, in its revisional power, would not, ordinarily, interfere with the judgment of acquittal passed by the trial court unless there has been apparent error of law or procedure or where the public justice requires interference for correction of manifest illegality or prevention of gross miscarriage of justice
AIR 2008 SC 1165 : (2008) 2 SCR 185 : (2008) 3 SCC 423 : JT 2008 (2) SC 112 : (2008) 2 SCALE 122 : (2008) CriLJ SC 1627
(SUPREME COURT OF INDIA)
Johar and OTHERS Appellant
Versus
Mangal Prasad and ANOTHER Respondent

(Before : S. B. Sinha And V. S. Sirpurkar, JJ.)

Criminal Appeal No. 215 of 2008 (arising out of SLP (Cri.) No. 2014 of 2007), Decided on : 30-01-2008.

Penal Code, 1860—Sections 148, 302, 120-B, 323, 149, 196, 34 and 324—Criminal Procedure Code, 1973—Sections 401(3), 397, 401 and 439.

Counsel for the Parties:

Fakhruddin, Sr. Advocate, Abdul Karim Ansari, Abdul Qadri and Aftab All Khan, for Appellants

Ms. Vibha Datta Makhija, for Respondents.

Judgment

S. B. Sinha, J—Leave granted.

2. Appellants were charged for commission of offences under Sections 148 and 302 of the Indian Penal Code and in the alternative under Section 302/149 and Section 120-B of the Indian Penal Code. They were, however, convicted for commission of an offence under Section 323 read with Section 34 of the Indian Penal Code only, recording that as accused Nos. 1 to 4 had only caused simple injuries to the deceased Umashankar, the provisions of Sections 148 and 149 of the Indian Penal Code were not attracted.

3. The State did not prefer any appeal there against. The complainant/respondent, however, filed a revision application before the High Court. The High Court went into the evidence adduced on behalf of the prosecution. In regard to the deposition of the official witnesses including Autopsy Surgeon it was commented :-

“10. If a public servant is corruptly (sic) makes a report in a judicial proceeding it will be offences under section 193, IPC and section 196, IPC and preparation of document with an intention to save person from punishment, it will be an offence falling under section 196, IPC. Thus, willful act of the Doctor in not referring to other injuries in the post-mortem report discloses his intention to protect the respondents who are guilty of commission of murder. Witnesses were firm on the point of beating of deceased by lathi and number of injuries received by the deceased. It is held that post-mortem report is incomplete report prepared by the doctor to give undue advantage to the accused. Appropriate steps for prosecution of PW9 Dr.Y.K. Malaiya be initiated for intentionally preparing false evidence.” It was opined that having regard to the nature of deposition of the Autopsy Surgeon, the trial Court committed a grave error in ignoring the other relevant materials brought on records to pronounce a judgment of acquittal in favour of the respondents (appellants herein). It was furthermore held that the doctor had willfully suppressed the head injury and was thus guilty of dereliction of duty. Re-appreciating the evidence of the prosecution witnesses, it was held :-

“It is natural that when a person is surrounded by number of accused it is difficult for eye-witness to describe the author of each and every injury. In para 16 of cross-examination, this witness has clarified that he has seen the body of injured and he found that Umashankar was having lathi injuries on his entire body and no place on his body was left where he had not received injuries by lathi.”

4. On the premise that the learned trial Judge has mis-appreciated the evidence, the revision application was allowed, directing :-

“22. In the result, judgment of acquittal passed by the trial court is set aside and the case is remanded to the trial court to pass the judgment on the basis of evidence on record for each offence keeping in mind evidence of eye-witnesses wherein it is stated that deceased had suffered injuries on the whole body. The fact is also referred in Dehati Naleshi and Panchnama of dead body Ex.P/3. Evidence of doctor will not prevail over the eye-witness account in this case. This is a case under section 302, IPC and the intention of all the respondents was to cause death of deceased. Trial court shall also examine and pass necessary orders against the concerned doctor for preparing document in order to give undue benefit to the accused”.

5. We may, however, before embarking upon the contentions raised before us by the learned counsel for the parties place on record that one of the accused persons, namely Roshan, had preferred an appeal before the High Court of Madhya Pradesh at Jabalpur and by a judgment and order dated 18th November, 2003, it while upholding his conviction under Section 323 read with Section 34 of the Indian Penal Code set him free on probation on his furnishing a personal bond for ` 3,000/- (Rupees there thousand only) with one surety of the like amount. The said judgment and order has attained finality.

6. Mr. Fakhruddln, the learned Senior counsel appearing for the appellant, submitted that the High Court committed a manifest illegality in passing the impugned judgment which is in the teeth of sub-section (3) of Section 401 of the Code of Criminal Procedure, 1973.

7. Ms. Vibha Datta Makhija, the learned counsel appearing on behalf of the respondent-State, on the other hand, urged that it is not a case where the High Court converted a judgment of acquittal to a judgment of conviction in exercise of its revisional jurisdiction but merely remitted the matter to the trial court for consideration afresh, this Court should not interfere therewith.

8. The State did not prefer any appeal from the judgment of the learned Trial Judge. From the proceedings of the High Court, it appears that the State was not even made a party in the criminal revision application. Public Prosecutor, however, represented the State before the High Court. Nobody interestingly appeared on behalf of the complaint-revisionist.

9. Revisional jurisdiction of the High Court in terms of Section 397 read with Section 401 of the Code of Criminal Procedure is limited. The High Court did not point out any error of law on the part of the learned Trial Judge. It was not opined that any relevant evidence has been left out of its consideration by the court below or irrelevant material has been taken into consideration. The High Court entered into the merit of the matter. It commented upon the credentiality of the Autopsy Surgeon. It sought to re-appreciate the whole evidence. One possible view was sought to be substituted by another possible view.

10. Sub-section (3) of Section 401 reads as under :-

“401(3). Nothing in this section shall be deemed to authorize a High Court to convert a finding of acquittal into one of conviction.”

Technically, although Ms. Makhija may be correct that the High Court has not converted the judgment of acquittal passed by the learned Trial Court to a judgment of conviction, but for arriving at a finding as to whether the High Court has exceeded its jurisdiction or not, the approach of the High Court must be borne in mind. For the said purpose, we may notice a few precedents.

11. In D. Stephens v. Nosibolla: [1951] 1 SCR284, this Court opined :

“10. The revisional jurisdiction conferred on the High Court under section 439 of the Code of Criminal Procedure is not to be lightly exercised when it is invoked by a private complainant against an order of acquittal, against which the Government has a right of appeal under section 417. It could be exercised only in exceptional cases where the interests of public justice require interference for the correction of a manifest illegality, or the prevention of a gross miscarriage of justice. This jurisdiction is not ordinarily invoked or used merely because the lower court has taken a wrong view of the law or misappreciated the evidence on record.”

12. The same principle was reiterated in Logendra Nath Jha and others vs. Polailal Biswas, (1951) SCR 676 stating:

“……..Though sub-section (1) of section 439 authorises the High Court to exercise, in its discretion, any of the powers conferred on a court of appeal by section 423, sub-section (4) specifically excludes the power to “convert a finding of acquittal into one of conviction. This does not mean that in dealing with a revision petition by a private party against an order of acquittal the High Court could in the absence of any error on a point of law re-appraise the evidence and reverse the findings of facts on which the acquittal was based, provided only it stopped short of finding the accused guilty and passing sentence on him. By merely characterizing the judgment of the trial court as “perverse” and “lacking in perspective”, the High Court cannot reverse pure findings of fact based on the trial Court’s appreciation of the evidence In the case. That is what the learned Judge in the court below has done, but could not, in our opinion, properly do on an application in revision filed by a private party against acquittal………”

13. In the instant case the High Court not only entered into the merit of the matter but also analysed the depositions of all the witnesses examined on behalf of the prosecution. It, in particular, went to the extent of criticizing the testimony of Autopsy Surgeon. It relied upon the evidence of the so-called eye-witnesses to hold that although appellants herein had inflicted injuries on the head of the deceased, Dr. Y.K. Malaiya, PW-9, deliberately suppressed the same. He was, for all intent and purport, found guilty of the offence under Sections 193 and 196 of the Indian Penal Code. The Autopsy Surgeon was not cross-examined by the State. He was not declared hostile. The State did not even prefer any appeal against the judgment.

14. In the absence of any such injury on the vital part of the body, the learned trial Judge, upon analyzing the evidence brought on record by the prosecution, held that only four accused had committed the offence under Section 323 read with Section 34 alone. We see no reason as to how the findings of the trial Judge can be said to be perverse. The learned trial Judge in arriving at his conclusion noticed:-

(i) Names of some of the appellants were not stated in the first information report.

(ii) Some of the accused persons were not present at the time of commission of offence, as their plea of alibi was acceptable.

(iii) The story of recovery of lathis from some of the accused is doubtful.

(iv) Purported recovery of lathi by the investigating officer without any disclosure statement having been made by the concerned accused, was not relevant.

(v) Some of the accused did not have any dispute whatsoever with the complainant side, as such they had no motive to commit the crime.

(vi) Only because some of the accused were present at the time of commission of the offence, having regard to the fact that the incident took place in a very small village, their presence at the time of occurrence by itself cannot lead to an inference that they participated therein, particularly when prosecution witnesses did not name them.

(vii) No independent witness had been examined by the prosecution despite the fact that a large number of persons witnessed the incident.

15. Upon analyzing the entire evidence on record, the learned trial Judge held :-

“58. In view of the discussion and analyses made hereinabove prosecution has proved that accused persons Nos. 1 to 4 i.e. Johar, Ruplal, Roshan and Santosh inflicted simple injuries to deceased Umashankar. Against accused persons offence under Sections 148, 302 r/w 149, IPC have been levelled but in the incident only accused Nos. 1 to 4 have committed and thus participation of the number of accused is proved to be four only and under sections 148 and 149, IPC the accused persons minimum remained to be five. As such against accused Nos. 1 to 4 offence under Sections 148 and 149 are not proved.”

16. Evidently the High Court raised a presumption that Autopsy Surgeon deliberately did not disclose the ante mortem head injury purported to have been suffered by the deceased.

17. The approach of the High Court to the entire case cannot be appreciated. The High Court should have kept in mind that while exercising its revisional jurisdiction under Sections 397 and 401 of the Code of Criminal Procedure, it exercises a limited power. Its jurisdiction to entertain a revision application, although is not barred, but severally restricted, particularly when it arises from a judgment of acquittal.

18. Ms. Makhija is correct that sub-section (4) of Section 378 of the Code of Criminal Procedure was not available to the first informant but the same by itself would not mean that in absence of any appeal preferred by the State, the limited jurisdiction of the court should be expanded.

19. We may notice a few of the decisions of this Court which are binding on us.

In K. Chinnaswamy Reddy v. State of Andhra Pradesh (1963) 3 SCR 412, this Court observed :-

“It is true that it is open to a High Court in revision to set aside an order of acquittal even at the instance of private parties, though the State may not have thought fit to appeal; but this jurisdiction should in our opinion be exercised by the High Court only in exceptional cases, when there is some glaring defect in the procedure or there is a manifest error on a point of law and consequently there has been a flagrant miscarriage of justice. Sub-section (4) of S. 439 forbids a High Court from converting a finding of acquittal into one of conviction and that makes it all the more incumbent on the High Court to see that it does not convert the finding of acquittal into one of conviction by the indirect method of ordering retrial, when it cannot itself directly convert a finding of acquittal into a finding of conviction. This places limitations on the power of the High Court to set aside a finding of acquittal in revision and it is only in exceptional cases that this power should be exercised.”

In Mahendra Pratap Singh v. Sarju Singh and Anr. (1968) 2 SCR 287 this Court stated the law thus :-

“8. The practice on the subject has been stated by this Court on more than one occasion. In D. Stephens v. Nosibolla (1951) SCR 284, only two grounds were mentioned by this Court as entitling the High Court to set aside an acquittal in a revision and to order a retrial. They are that there must exist a manifest illegality in the judgment of the Court of Session ordering the acquittal or there must be a gross miscarriage of justice. In explaining these two propositions, this Court further states that the High Court is not entitled to interfere even if a wrong view of law is taken by the Court of Session or if even there is misappreciation of evidence. Again, in Logendranath Jha and others v. Shri Polailal Biswas [[1951] SCR. 676], this Court points out that the High Court is entitled in revision to set aside an acquittal if there is an error on a point of law or no appraisal of the evidence at all. This Court observes that it is not sufficient to say that the judgment under revision is “perverse” or “lacking in true correct perspective”. It is pointed out further that by ordering a retrial, the dice is loaded against the accused, because however much the High Court may caution the Subordinate Court, it is always difficult to re-weigh the evidence ignoring the opinion of the High Court. Again in K. Chinnaswamy Reddy v. State of Andhra Pradesh, it is pointed out that an interference in revision with an order of acquittal can only take place if there is a glaring defect of procedure such as that the Court had no jurisdiction to try the case or the Court had shut out some material evidence which was admissible or attempted to take into account evidence which was not admissible or had overlooked some evidence. Although the list given by this Court is not exhaustive of all the circumstances in which the High Court may interfere with an acquittal in revision it is obvious that the defect in the judgment under revision must be analogous to those actually indicated by this Court.”

In Janata Dal vs. HS Chowdhary (1992) 4 SCC 305, this Court stated that the object of the revisional jurisdiction was to confer power on superior criminal courts to correct miscarriage of justice arising from misconception of law, irregularity of procedure, neglect of proper precaution or apparent harshness of treatment.

In State of Maharashtra vs. Jagmohan Singh Kuldip Singh Anand, (2004) 7 SCC 659, this Court observed :-

“21. In embarking upon the minutest re-examination of the whole evidence at the revisional stage, the learned Judge of the High Court was totally oblivious of the self-restraint that he was required to exercise in a revision under Section 397, Cr. P.C. On behalf of the accused, reliance is placed on the decision of this Court to which one of us (Justice Sabharwal) is a party i.e. Ram Briksh Singh v. Ambika Yadav. That was the case in which the High Court interfered in revision because material evidence was overlooked by the courts below.”

The judgment of Ram Briksh mentioned above, has since been reported as Ram Briksh Singh vs. Ambika Yadav (2004) 7 SCC 665, wherein it has been observed :-

“12. For the aforesaid reasons, we are unable to accept the contention that the High Court has reappreciated the evidence. The High Court has only demonstrated as to how the material evidence has been overlooked leading to manifest illegality resulting in gross miscarriage of justice.”

It was, therefore, relevant in the fact-situation obtaining therein.

Yet again in Satyajit Banerjee vs. State of W.B. (2005) 1 SCC 115, this Court has, while exercising its jurisdiction under Section 142 of the Constitution of India, expressed a note of caution stating :-

“22. The cases cited by the learned counsel show the settled legal position that the revisional jurisdiction, at the instance of the complainant, has to be exercised by the High Court only in very exceptional cases where the High Court finds defect of procedure or manifest error of law resulting in flagrant miscarriage of justice.”

20. We may notice that prohibition contained in sub-section (3) of Section 401 refers to a finding and not the conclusion.

A bare perusal of the judgment of the High Court clearly demonstrates that in effect and substance the finding of the learned trial Judge has been reversed. While hearing the matter afresh in terms of the direction of the High Court, the learned Trial Judge would be bound by the observations made therein and thus, would have no option but to convict the appellants.

21. Not only the evidence of the prosecution witnesses has been relied upon and that of the Autopsy Surgeon has been disbelieved but the Trial Judge has also been asked to initiate an appropriate proceeding against him.

22. We have, therefore, no hesitation to hold that the High Court exceeded its jurisdiction in view of the fact that the judgment of the learned Trial Judge could not be termed to be a perverse one.

23. The Trial Court might be wrong as regards analyzing the prosecution evidence but then it had not relied upon the evidence of the eye-witnesses only having regard to the opinion of medical expert. The learned Trial Judge considered the plea of alibi on the part of some of the accused and accepted the same. The High Court did not bestow any consideration in this behalf. It also failed to take into consideration that even bystanders have been implicated in the matter.

24. Unfortunately, the High Court did not meet the reasonings of the learned trial Judge which was its bounden duty.

25. Even the effect of the order dated 18-11-2003 passed by the High Court in the appeal preferred by Roshan was not taken into consideration.

The said order attained finality. If Roshan was guilty of commission of an offence under Section 323 of the Indian Penal Code, we fail to see any reason as to how others could be held guilty for commission of the offence under Section 302 thereof.

In any event, the judgment passed in favour of Roshan could not have been set aside indirectly which could not be done directly.

26. For the reasons abovementioned, the impugned judgment cannot be sustained, which is set aside accordingly. The appeal is allowed.