Full Text
REGISTERED NO. DL-(N)04/0007/2003-25
The Gazette of India
CG-DL-E-17122025-268563
EXTRAORDINARY
PART II - Section 2
PUBLISHED BY AUTHORITY
No. 22] NEW DELHI, TUESDAY, DECEMBER 16, 2025/AGRAHAYANA 25, 1946 (Saka)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABHA
The following Bills were introduced in Lok Sabha on 16th December, 2025:-
BILL No. 197 OF 2025
A Bill to establish a rural development framework aligned with the national vision of Viksit
Bharat @2047, by providing a statutory guarantee of one hundred and
twenty-five days of wage employment in every financial year to every rural
household whose adult members volunteer to undertake unskilled manual
work; to promote empowerment, growth, convergence and saturation for a
prosperous and resilient rural Bharat; and for matters connected therewith or
incidental thereto.
WHEREAS to align the rural development framework with the national vision
of Viksit Bharat @2047 by providing an enhanced statutory wage-employment
guarantee of one hundred and twenty-five days in each financial year to such rural
households whose adult members volunteer to undertake unskilled manual work,
thereby enabling them to participate more effectively in the expanded livelihood
security framework;
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[Part II-
AND WHEREAS to focus on empowerment, growth, convergence and saturation
through public works aggregating into forming Viksit Bharat National Rural
Infrastructure Stack, with a thematic focus on water security through water-related
works, core rural infrastructure, livelihood-related infrastructure and special works
to mitigate extreme weather events;
AND WHEREAS to facilitate adequate farm-labour availability during peak
agricultural seasons, and, in view of the wage-employment guarantee for the rural
workforce;
AND WHEREAS to institutionalise convergence, saturation-driven planning and
whole of government delivery through Viksit Gram Panchayat Plans, integrated
with the PM Gati Shakti to address the varying needs of Gram Panchayats, and
powered by geospatial systems, digital public infrastructure, District and State
planning mechanisms, with such plans aggregated at the Block, District, State and
National levels;
AND WHEREAS to modernise governance, accountability and citizen
engagement through a comprehensive digital ecosystem, including biometric
authentication at various levels, global positioning system or mobile based worksite
monitoring, real-time management information system dashboards, proactive public
disclosures, and use of Artificial Intelligence for planning, audits and fraud-risk
mitigation.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India
as follows:-
CHAPTER I
PRELIMINARY
Short title and
commencement.
1. (1) This Act may be called the Viksit Bharat Guarantee for Rozgar and
Ajeevika Mission (Gramin) VB—G RAM G (विकसित भारत-जी राम जी) BILL, 2025.
(2) It shall come into force on such date as the Central Government may, by
notification, appoint:
Provided that the different dates may be appointed for different States or for
different areas in a State and any reference in any such provision to the
commencement of this Act shall be construed as a reference to the coming into force
of that provision in such State or, as the case may be, in such area.
Definitions.
2. In this Act, unless the context otherwise requires, -
(a) "adult" means a person who has completed the eighteenth year
of age;
(b) "applicant" means the head of a household or any of its other adult
members who has applied for employment under the Scheme;
(c) "Block" means a community development area within a district
comprising a group of Gram Panchayats;
(d) "Central Council" means the Central Grameen Rozgar Guarantee
Council constituted under section 12;
(e) "Centrally Sponsored Scheme" means a scheme in which the Central
Government provides full or partial financial assistance and the State
Governments undertake its implementation;
(f) "District Programme Coordinator" means an officer of the State
Government designated as such officer under sub-section (1) of section 17 for
the implementation of the Scheme in a district;
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(g) "household" means the members of a family related to each other by
blood, marriage or adoption and normally residing together and sharing meals
or holding a common ration card;
(h) "implementing agency" includes any department of the Central
Government or a State Government, a Zila Parishad, Panchayat at
intermediate level, Gram Panchayat or any local authority or the Government
undertaking, to undertake the implementation of any work taken up under
the Scheme;
(i) "intermediate level" means a level between the village and district
levels as specified under clause (c) of Article 243 to the Constitution of India;
(j) "National Level Steering Committee" means a steering committee
constituted by the Central Government under sub-section (1) of section 14;
(k) "normative allocation" means the allocation of the fund made by the
Central Government to the State;
(1) "notification” means a notification published in the Official Gazette
and the term "notify" or notified, shall be construed accordingly;
(m) "prescribed" means prescribed by rules made under this Act;
(n) "Programme Officer' means an officer at the Block level appointed
under sub-section (1) of section18;
(o) "rural area" means any area in a State except those areas covered by
any urban local body or a Cantonment Board established or constituted under
any law for the time being in force;
(p) "Schedule" means Schedules appended to this Act;
(q) "Scheme" means the Scheme notified by the State Government under
sub-section (1) of section 8;
(r) "State" means a State specified in the First Schedule to the
Constitution and includes a Union territory;
(s) "State Council" means the State Gramin Rozgar Guarantee Council
constituted under sub-section (1) of section 13;
(t) "State Level Steering Committee" means a steering committee
constituted under sub-section (1) of section 15;
(u) "unskilled manual work" means any physical work which any adult
person is capable of doing without any skill or special training;
(v) "Viksit Bharat National Rural Infrastructure Stack" means the
consolidated aggregation comprising proposed works emerging from the
Viksit Gram Panchayat Plans aggregated at the District and State
levels, and aligned with the four thematic domains of works specified
in Schedule I;
(w) “Viksit Gram Panchayat Plan" means a future-ready, convergence-
based local development plan aligned with the vision of Viksit Bharat @2047,
formulated by the Gram Panchayat through a participatory and evidence-based
process, and serving as the basis for identification and prioritisation of works
under this Act, as provided in sub-section (3) of section 4;
(x) "wage rate" means the wage rate referred to in section 10;
(y) "work" means any work undertaken or executed under the Scheme.
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CHAPTER II
IMPLEMENTATION FRAMEWORK
State
Government
implementation
framework for
Scheme.
Planning
framework in
alignment with
vision of Viksit
Bharat @ 2047.
Guarantee of
wage
employment to
rural households.
3. (1) The State Government, shall within six months from the date of
commencement of this Act, by notification, make a Scheme consistent with the
provisions of this Act and the features provided therein.
(2) The Scheme made under sub-section (1) shall be implemented as a
Centrally Sponsored Scheme, under which the financial liability shall be shared
between the Central Government and the State Government in accordance with the
fund-sharing pattern provided under sub-section (2) of section 22 of this Act,
including enhanced share of the Central Government in respect of the North-Eastern
States and Himalayan States, and the responsibility of the State Government to bear
any expenditure incurred in excess of its allocated share.
4. (1) All works undertaken under this Act shall be originated from the Viksit
Gram Panchayat Plans prepared under sub-section (3), and consolidated at the
Block, District and State levels and further aggregated into the Viksit Bharat
National Rural Infrastructure Stack, which shall comprise a comprehensive listing
of works aligned with National development priorities.
(2) The Viksit Bharat National Rural Infrastructure Stack shall encompass
four thematic focus domains, namely:-
(a) water security through water-related works;
(b) core rural infrastructure;
(c) livelihood-related infrastructure; and
(d) works for the mitigation of extreme weather events.
(3) Rural works planning under this Act shall be undertaken through Viksit
Gram Panchayat Plans, prepared by the Gram Panchayats and integrated with the
PM Gati Shakti National Master Plan, so as to enable spatially optimised
infrastructure development and strengthened inter-departmental convergence in
accordance with the provisions specified in Schedule I.
(4) For the purposes of sub-section (3), Gram Panchayats shall be categorised
into Category A, Category B and Category C, in accordance with the provisions
specified in Schedule I.
(5) The Central Government shall determine the State-wise normative
allocation for each financial year, based on objective parameters as may be
prescribed by the Central Government.
(6) Any expenditure incurred by a State in excess of its normative allocation
shall be borne by the State Government in such manner and by such procedure as
may be prescribed by the Central Government.
5. (1) Save as otherwise provided, the State Government shall, in such rural
area in the State as may be notified by the Central Government, provide to every
household whose adult members volunteer to do unskilled manual work, not less
than one hundred and twenty-five days of guaranteed employment in a financial
year in accordance with the Scheme made under this Act.
(2) Every person who has done the work given to him under the Scheme shall
be entitled to receive wages at the wage rate for each day of work.
(3) Save as otherwise provided in this Act, the disbursement of daily wages
shall be made on a weekly basis or in any case not later than a fortnight after the
date on which such work was done.
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Facilitating
adequate
agricultural
labour
availability
during peak
agricultural
seasons.
Relaxations
during natural
calamities and
extraordinary
circumstances.
Viksit Bharat-
Guarantee for
Rozgar and
Ajeevika
Mission
(Gramin):
VB-G RAM G
(विकसित
भारत-जी राम
जी) Scheme.
Conditions for
providing
guaranteed
employment.
(4) The Central Government or the State Government, may within the limits
of economic capacity and development, make provisions for securing work to every
adult member of a household under the Scheme for any period beyond the period
guaranteed under sub-section (1), as may be expedient.
6. (1) Notwithstanding anything contained in this Act or rules made
thereunder, and to facilitate adequate availability of agricultural labour during peak
agricultural seasons, no work shall be commenced or executed under this Act,
during such peak seasons as may be notified under sub-section (2).
(2) The State Governments shall notify in advance, a period aggregating to
sixty days in a financial year, covering the peak agricultural seasons of sowing and
harvesting, during which works under this Act, shall not be undertaken.
(3) The State Government may issue distinct notifications for different areas
of the State, including districts, blocks or Gram Panchayats, based on agro-climatic
zones, local patterns of agricultural activities or other relevant factors, and every
such notification shall have a binding effect for the purposes of this Act.
(4) All authorities responsible for planning, sanctioning or executing works
under this Act shall ensure that all works are undertaken only outside the notified
peak agricultural seasons.
7. (1) Notwithstanding anything contained in this Act, the State Government
may recommend to the Central Government, the need for special operational
relaxations during natural calamities or other extraordinary circumstances for the
purpose of ensuring timely response and support to affected households.
(2) The Central Government may, upon consideration of the recommendations
received from the State Government, make specific relaxations, including temporary
expansion of permissible works, relaxed documentation norms, or enhanced wage
employment provisioning, as may be appropriate to address the situation.
(3) Notwithstanding anything in sub-section (2), the Central Government may
declare such relaxations as may be appropriate to address the situation.
CHAPTER III
Viksit Bharat Guarantee for Rozgar and Ajeevika Mission (Gramin):
VB-G RAM G (विकसित भारत - जी राम जी) Scheme
8. (1) For the purposes of giving effect to the provisions of section 3, every
State Government shall, make a Scheme, for providing a guarantee of one hundred
and twenty-five days of wage employment in a financial year to every rural
household in the rural areas covered under the Scheme and whose adult members,
by application, volunteer to do unskilled manual work subject to the conditions
under this Act.
(2) The State Government shall publish a summary of the Scheme made under
sub-section (1) in at least two local newspapers, one of which shall be in a vernacular
language circulating in the area or areas to which the Scheme applies, and shall also
make such summary publicly available through electronic means, including the
official website of the State Government or any designated digital platform.
(3) The Scheme made under sub-section (1) shall conform to and provide for
the minimum features specified in Schedule I.
9. (1) The State Government may, without prejudice to the conditions
specified in Schedule II, specify in the Scheme the conditions for providing
guaranteed employment under this Act.
(2) The persons employed under the Scheme made under this Act, shall be
entitled to such facilities not less than the minimum facilities specified in
Schedule II.
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[Part II-
Wage rate.
Payment of
unemployment
allowance.
10. The Central Government may, by notification, specify the wage rate for
the purposes of this Act, which shall apply to all unskilled manual work provided
under the Scheme:
Provided that different wage rates may be notified by the Central Government
for different areas:
Provided further that the wage rate so notified shall not be less than the
prevailing wage rate as notified under section 6 of the Mahatma Gandhi National
Rural Employment Guarantee Act, 2005:
Provided also that until a wage rate is notified by the Central Government
under this section, the wage rates notified under section 6 of the Mahatma Gandhi
National Rural Employment Guarantee Act, 2005, shall continue to apply in the
areas covered by this Act.
11. (1) If an applicant for employment under the Scheme is not provided such
employment within fifteen days of receipt of his application seeking employment or
from the date on which the employment has been sought in the case of an advance
application, whichever is later, he shall be entitled to a daily unemployment
allowance in accordance with the provision of this section.
(2) Subject to such terms and conditions of eligibility as may be prescribed by
the State Government and subject to the provisions of this Act and the Scheme and
the economic capacity of the State Government, the unemployment allowance
payable under sub-section (1) shall be paid to the applicants of a household,
subject to the guarantee provided under this Act, at such rate as may be
specified by the State Government, by notification, in consultation with the
State Council:
Provided that no such rate shall be less than one-fourth of the notified wage
rate for the first thirty days during the financial year and not less than one-half of
the wage rate for the remaining period of the financial year.
(3) The liability of the State Government to pay unemployment allowance to
a household during any financial year shall cease as soon as-
(a) the applicant is directed by the Gram Panchayat or Programme
Officer to report for work either by himself or depute at least one adult member
of the household; or
(b) the period for which employment is sought, comes to an end and no
member of the household of the applicant had turned up for employment; or
(c) the adult members of the household of the applicant have received in
total at least one hundred and twenty-five days of work within the financial
year; or
(d) the household of the applicant has earned as much from the wages
and employment allowance taken together which is equal to the wages for one
hundred and twenty-five days of work during the financial year.
(4) The unemployment allowance payable to the household of an applicant
jointly, shall be sanctioned and disbursed by the Programme Officer or such local
authority (including the Panchayat at the District, intermediate or village level) as
the State Government may, by notification, authorise in this behalf.
(5) Every payment of unemployment allowance under sub-section (1), shall
be made or offered not later than fifteen days from the date on which it became due
for payment.
(6) The State Government may prescribe the procedure for the payment of
unemployment allowance under this Act.
42 of 2005.
42 of 2005.
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CHAPTER IV
IMPLEMENTING AND MONITORING AUTHORITIES
Central Gramin
Rozgar
Guarantee
Council.
State Gramin
Rozgar
Guarantee
Council.
12. (1) With effect from such date as the Central Government may, by
notification, appoint, there shall be constituted a Council to be called the Central
Gramin Rozgar Guarantee Council to discharge the functions and perform the duties
assigned to it under this Act.
(2) The Central Council shall consist of Chairperson, representatives of
Central Government and State Governments, not more than fifteen non-official
members representing Panchayati Raj Institutions, organisations of workers and
weaker section of the society and a Member-Secretary not below the rank of Joint
Secretary to the Government of India.
(3) The composition, terms and conditions of appointment, tenure, and
meeting procedures shall be such, as may be prescribed by the Central Government.
(4) The Central Council shall perform such functions, duties and advisory
roles relating to evaluation, monitoring, implementation support and reporting under
this Act as may be assigned to it by the Central Government, and the detailed
functions, responsibilities and modalities of functioning shall be such, as may be
prescribed by the Central Government.
13. (1) For the purposes of regular monitoring and reviewing the implementation
of the provisions of this Act at the State level, every State Government shall, by
notification, constitute a State Council to be known as the State Gramin Rozgar
Guarantee Council, consisting of a Chairperson and such number of official members
as may be determined by the State Government and not more than fifteen non-official
members nominated by the State Government from Panchayati Raj Institutions,
organisations of workers and weaker section of the society:
Provided that not less than one-third of the non-official members nominated
under this sub-section shall be women:
Provided further that not less than one-third of the non-official members shall
belong to the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes
and Minorities.
(2) The terms and conditions subject to which the Chairperson and members
of the State Council may be appointed and the time, place and procedure of the
meetings (including the quorum at such meetings) of the Council shall be such, as
may be prescribed by the State Government.
(3) The duties and functions of the State Council shall include-
(a) advising the State Government on all matters concerning the Scheme
and its implementation in the State;
(b) reviewing the monitoring and redressal mechanisms from time to
time and recommending improvements;
(c) monitoring the implementation of this Act and the Scheme in the
State and coordinating such implementation with the Central Council;
(d) preparing the annual report to be laid before the State Legislature by
the State Government;
(e) any other duty or function as may be assigned to it by the Central
Council or the State Government.
(4) The State Council shall have the power to undertake an evaluation of the
Scheme operating in the State and for that purpose to collect or cause to be collected
statistics pertaining to the rural economy and the implementation of the Scheme and
Programmes in the State.
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[Part II-
National Level
Steering
Committee.
State Level
Steering
Committee.
14. (1) The Central Government shall, by notification, constitute a National
Level Steering Committee to recommend decisions relating to normative allocations
to States and to advise on matters requiring inter-ministerial consultation, including
convergence framework and to provide high level oversight for the effective
implementation of this Act.
(2) The National Level Steering Committee shall consist of such senior
officials of the Central Government and such other members as may be determined
by the Central Government, and the terms and conditions of their appointment shall
be such, as may be prescribed by the Central Government.
(3) The National Level Steering Committee shall-
(a) recommend decisions relating to normative allocations to States;
(b) recommend policy measures on matters requiring inter-ministerial
consultation, including convergence initiatives and frameworks;
(c) provide high level strategic oversight for effective implementation of
this Act;
(d) review performance of States and recommend corrective or
supportive measures;
(e) facilitate coordination among the Ministries and Departments of the
Central Government and between the Central Government and State
Governments for effective convergence and implementation of the provisions
of this Act;
(f) advise on standards, guidelines, monitoring systems, digital and
geospatial public infrastructure necessary for implementation of the
provisions of this Act; and
(g) perform such other functions as may be assigned to it by the Central
Government.
15. (1) The State Government shall, constitute a State Level Steering
Committee to provide operational guidance, coordination, and monitor the
implementation of the Scheme.
(2) The State Level Steering Committee constituted under sub-section (1),
shall be presided over by the Chief Secretary of the State or by an officer not below
the rank of Additional Chief Secretary nominated by the State Government and shall
comprise of the following members namely:—
(a) Principal Secretary or Secretary of the respective Department;
(b) the Director or Commissioner (in-charge of the Scheme);
(c) Principal Secretaries or Secretaries of relevant Departments of the
State Government;
(d) such number of subject-matter experts, as may be determined by the
State Government;
(e) representatives of technical or research institutions; and
(f) one member nominated by the Department of Rural Development,
Ministry of Rural Development, Government of India.
(3) The State Level Steering Committee, shall—
(a) oversee State wide planning and convergence with other
programmes;
(b) review of district performance and ensure timely preparation of the
aggregate State plan;
THE GAZETTE OF INDIA EXTRAORDINARY
Principal
authorities for
planning and
implementation
of Scheme.
District
Programme
Coordinator.
(c) coordinate with the National Level Steering Committee and
implement directions issued therefrom;
(d) support digital systems, monitoring arrangements, and process
improvements at the State level; and
(e) perform such other functions as may be assigned to it by the State
Government.
16. (1) The Panchayats at the district, intermediate and village levels shall be
the principal authorities for planning, implementation and monitoring of the Scheme
made under this Act.
(2) The Panchayat at the district level, shall oversee and coordinate
implementation of the Scheme in the district, including finalisation and approval of
the aggregate district level plan, supervision and monitoring of works, ensuring
convergence, and perform such other functions as may be assigned to it by the State
Government.
(3) The Panchayat at the intermediate level, shall prepare and finalise the
aggregate Block level plan, support Gram Panchayats in planning and
implementation, supervise works at Gram Panchayat and Block levels, facilitate
convergence with line departments.
(4) The Gram Panchayat shall register households, receive and process
applications for work, prepare the Viksit Gram Panchayat Plans, execute the works
assigned to it, maintain such records as may be specified by the State Government,
and discharge such other responsibilities as may be entrusted to it under the Scheme.
17. (1) The District Collector or any officer of equivalent rank as the State
Government may decide, shall be designated as the District Programme Coordinator
for the implementation of the Scheme in the district.
(2) The District Programme Coordinator shall be responsible for the
implementation of the Scheme in the district in accordance with the provisions of
this Act and the rules made thereunder.
(3) The functions of the District Programme Coordinator shall be as follows,
namely:-
(a) the District Programme Coordinator shall be responsible for the
consolidation and finalisation of the district aggregate plan and shall oversee
convergence, implementation and monitoring of the Scheme at the district
level in accordance with the provisions of this Act;
(b) the District Programme Coordinator, shall ensure compliance with
the provisions of this Act and with the directions and guidelines issued by the
Central Government and the State Government, and shall accord such
administrative sanctions and clearances as may be required for the timely and
effective implementation of the Scheme, including those relating to digital,
geospatial and monitoring systems;
(c) the District Programme Coordinator shall coordinate with Programme
Officers, and shall review, monitor and supervise their performance using the
monitoring framework, management information system and accountability
mechanisms established under this Act and the Scheme;
(d) the District Programme Coordinator shall conduct periodic
inspections of works undertaken under the Scheme, ensure adherence to
quality and productivity standards, and shall redress the grievances of
applicants through digital public infrastructure and designated grievance
redressal systems in such manner as may be prescribed by the Central
Government.
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[Part II-
Programme
Officer.
(4) The Programme Officer and all other officers of the State Government and
local authorities and bodies functioning within the district, shall assist the District
Programme Coordinator in carrying out his functions under this Act.
(5) The District Programme Coordinator, shall prepare an aggregate plan for
the district under his jurisdiction by consolidating the approved Viksit Gram
Panchayat Plans and aggregated Block Plans and the proposals received from the
Zila panchayats.
18. (1) At every Panchayat at intermediate level, the State Government shall
appoint a person who is not below the rank of Block Development Officer with such
qualifications and experience as may be determined by the State Government as
Programme Officer at the panchayat at intermediate level.
(2) The Programme Officer shall assist the Panchayat at the intermediate level
in discharging its functions under this Act and the Scheme made thereunder.
(3) The Programme Officer shall be responsible for matching the demand for
employment with the employment opportunities arising from works in the area
under his jurisdiction.
(4) The Programme Officer shall prepare an aggregate plan for the Block
under his jurisdiction by consolidating the approved Viksit Gram Panchayat Plans
and the proposals received from intermediate panchayats.
(5) Without prejudice to the generality of sub-section (1), the functions of the
Programme Officer shall include-
(a) monitoring all works and projects undertaken by the Gram
Panchayats and other implementing agencies within the Block, ensuring
alignment with the Viksit Gram Panchayat Plans;
(b) sanctioning and ensuring payment of unemployment allowance to
eligible households in accordance with the provisions of this Act;
(c) ensuring prompt and fair payment of wages to all labourers employed
under the Scheme within the Block, including through digital and biometric
authenticated payment systems, as may be specified by the Central
Government;
(d) ensuring that regular social audits of all works within the jurisdiction
of each Gram Panchayat are conducted by the Gram Sabha, and that timely
and appropriate action is taken on objections and findings arising from
such audits;
(e) dealing promptly with all complaints and grievances relating to the
implementation of the Scheme within the Block, through the grievance
redressal mechanisms established under sub-section (1) of section 25 of
this Act;
(f) ensuring the geo-tagging, digital recording, and management
information system reporting of all works undertaken within the Block, and
compliance with monitoring, productivity, and transparency framework,
specified by the Central Government under this Act;
(g) facilitating inter-departmental convergence at the Block level to
support saturation-driven planning and the execution of works under the
Scheme; and
(h) any other function as may be assigned to him by the District
Programme Coordinator and the State Government under this Act.
(6) The Programme Officer shall perform his function under the direction,
control and superintendence of the District Programme Coordinator.
THE GAZETTE OF INDIA EXTRAORDINARY
Responsibilities
of Gram
Panchayats.
Social audit of
works by Gram
Sabha.
Responsibilities
of State
Government in
implementing
Scheme.
19. The Gram Panchayat, shall be responsible for,-
(a) registration of households and issuance of Gramin Rozgar Guarantee
Cards;
(b) receiving work applications and maintaining records of Gramin
Rozgar Guarantee Cards;
(c) preparing the Viksit Gram Panchayat Plans;
(d) every Gram Panchayat shall, after considering the recommendations
of the Gram Sabha and the Ward Sabhas, keeping in view of the demand for
works, prepare a Viksit Gram Panchayat Plan on saturation basis;
(e) the Programme Officer shall allocate at least fifty per cent. of the
works in terms of its cost under the Scheme to be implemented through the
Gram Panchayats;
(f) the Programme Officer shall supply each Gram Panchayat with—
(i) the muster rolls for the works sanctioned to be executed by it;
(ii) a list of employment opportunities available elsewhere to the
residents of the Gram Panchayat;
(g) the Gram Panchayat shall allocate employment opportunities among
the applicants and ask them to report for work;
(h) the works taken up by a Gram Panchayat under the Scheme, shall
meet the required technical standards and measurements;
(i) executing works allotted to it by the Programme Officer; and
(j) A Gram Panchayat may take up any work under the Scheme from
Viksit Gram Panchayat Plan within the area of the Gram Panchayat, as may
be sanctioned by the Programme Officer.
20. (1) The Gram Sabha, shall monitor and review the execution of all works
undertaken under the Scheme within the jurisdiction of the Gram Panchayat, in
accordance with the provisions of this Act.
(2) The Gram Sabha shall conduct regular social audits of all works taken up
under the Scheme within the Gram Panchayat, in such manner as may be prescribed
by the Central Government.
(3) The Gram Panchayat shall make available to the Gram Sabha all records
and documents required for conduct of the social audit, including muster rolls, bills,
vouchers, measurement books, sanction orders, digital records, geo-tagged
photographs, and all other connected books of account and papers, whether
maintained in physical or electronic form.
21. The State Government, shall provide the necessary staff and technical
support to the District Programme Coordinator and the Programme Officer as may
be necessary for the effective implementation of the Scheme.
CHAPTER V
NATURE OF THE SCHEME AND FUND SHARING PATTERN
22. (1) The Scheme implemented under this Act, shall be a Centrally
Sponsored Scheme.
(2) For the purposes of this Act, the fund-sharing pattern between the Central
Government and the State Governments shall be 90:10 for the North Eastern States,
Himalayan States and Union territory (Uttarakhand, Himachal Pradesh and Jammu
and Kashmir) and 60:40 for all other States and Union territories with legislature.
Nature of
Scheme and
fund sharing
pattern.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
Transparency
and
accountability.
(3) For the Union territories without legislature, the Central Government shall
bear the entire expenses of the Scheme in the manner as may be prescribed by the
Central Government.
(4) The Central Government shall determine the State-wise normative
allocation for each financial year, based on objective parameters as may be
prescribed by the Central Government.
(5) Any expenditure incurred by a State in excess of its normative allocation,
shall be borne by the State Government in such manner and procedure as may be
prescribed by the Central Government.
(6) In accordance with the State-wise normative allocation determined under
this Act, the share of the Central Government shall include expenditure towards,—
(a) payment of wages for unskilled, semi-skilled and skilled labour
employed under the Scheme;
(b) the material component of works, subject to the provisions in
Schedule I;
(c) such administrative expenses as may be specified by the Central
Government, including salary and allowances of Programme Officers and
supporting staff, administrative expenses of the Central Council, facilities
required under Schedule II, and such other items as may be prescribed by the
Central Government.
(7) In accordance with the State-wise normative allocation determined under
this Act, the share of the State Government shall include expenditure towards,—
(a) payment of wages for unskilled, semi-skilled and skilled labour
employed under the Scheme;
(b) the material component of works, subject to the provisions in
Schedule I;
(c) such administrative expenses as may be specified by the Central
Government, including salary and allowances of Programme Officers and
supporting staff, administrative expenses of the State Council, facilities
required under Schedule II, and such other items as may be prescribed by the
Central Government.
(8) The State Government, shall bear the expenditure towards unemployment
allowance and delay compensation as may be prescribed by the State Government.
CHAPTER VI
TRANSPARENCY AND ACCOUNTABILITY
23. (1) The District Programme Coordinator and all implementing agencies in the
district shall be responsible for the proper utilisation and management of the funds
placed at their disposal for the purpose of implementing the Scheme under this Act.
(2) The manner of maintaining proper books and accounts relating to the
employment of labourers and the expenditure incurred in connection with the
implementation of the provisions of this Act, shall be such, as may be prescribed by
the State Government.
(3) The State Government may determine the arrangements to be made for the
proper execution of works under the Scheme and to ensure transparency and
accountability at all levels in the implementation of the Schemes.
(4) All payments of wages and unemployment allowances shall be made
directly to the person concerned in such manner, as may be prescribed by the Central
Government.
THE GAZETTE OF INDIA EXTRAORDINARY
Technology-
enabled
transparency and
public
accountability.
Grievance
redressal
mechanism.
Audit of
accounts.
Penalties for
contravention.
(5) If any dispute or complaint arises concerning the implementation of the
Scheme by the Gram Panchayat, the matter shall be referred to the Programme Officer.
(6) The Programme Officer shall enter every dispute or complaint in a complaint
register maintained by him and shall dispose of such dispute or complaint within a
period of seven days of its receipt; and where the matter relates to any other authority,
it shall be forwarded to such authority under intimation to the complainant.
24. Without prejudice to the foregoing provisions, transparency and accountability
in the implementation of the provisions of this Act, shall be ensured through-
(a) biometric authentication of workers, functionaries, and transactions,
in such manner as may be specified by the Central Government;
(b) geospatial technology-enabled planning, including geo-referencing,
satellite imagery, digital mapping of works, and other approved spatial
technologies, as may be specified by the Central Government;
(c) mobile application-based and dashboard-based monitoring systems
providing real-time visibility of demand, works, workforce deployment,
payments, progress and other indicators, as may be specified by the Central
Government;
(d) weekly public disclosure systems, including digital and physical
disclosure of key metrics, muster rolls, payments, sanctions, inspections and
grievances, as may be specified by the Central Government;
(e) strengthening of the social audit mechanism, and the adoption of such
other technology-enabled systems as may be prescribed by the Central
Government.
25. (1) The State Government shall, determine a time-bound and multi-tier
grievance redressal mechanism at the Block level and the District level for dealing
with any complaint made by any person in respect of implementation of the Scheme
and lay down the procedure for disposal of such complaints in such manner as may
be prescribed by the Central Government.
(2) These mechanisms shall address grievances related to applicants, which
include,-
(a) failure of the Gram Panchayat or Programme Officer to provide
employment within the stipulated period referred to in sub-section (1) of
section 11;
(b) non-payment or delayed payment of wages;
(c) non-payment of unemployment allowance;
(d) lack of specified worksite facilities as specified in Schedule II;
(e) discrimination, harassment, or violation of worker rights, including
those of women and vulnerable groups.
26. (1) The Central Government may, in consultation with the Comptroller
and Auditor General of India, prescribe appropriate arrangements for audits of the
accounts of the Schemes at all levels.
(2) The accounts of the Scheme shall be maintained in such form and in such
manner as may be prescribed by the State Government.
CHAPTER VII
MISCELLANEOUS
27. Whoever contravenes any provision of this Act, shall be liable to pay the
penalty which may extend to ten thousand rupees.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
Power to
delegate.
Power of Central
Government to
give directions.
Act to have
overriding
effect.
Power to amend
Schedules.
Protection of
action taken in
good faith.
Power of Central
Government to
make rules.
28. (1) The Central Government may, by notification, direct that the powers
exercisable by it (excluding the power to make rules) may, in such circumstances
and subject to such conditions and limitations, be exercisable also by the State
Government or such officer subordinate to the Central Government or the State
Government as it may specify in such notification.
(2) The State Government may, by notification, direct that the powers
exercisable by it (excluding the power to make rules and Schemes) may, in such
circumstances and subject to such conditions and limitations, be exercisable also by
such officer subordinate to it as it may specify in such notification.
29. (1) The Central Government may give such directions as it may consider
necessary to the State Government for the effective implementation of the
provisions of this Act.
(2) Without prejudice to the provisions of sub-section (1), the Central
Government may, on receipt of any complaint regarding any issue or improper
utilisation of funds granted under this Act in respect of any Scheme, if prima facie
satisfied that there is a case, cause an investigation into the complaint made by any
agency designated by it and if necessary, order stoppage of release of funds to the
Scheme and institute appropriate remedial measures for its proper implementation
within a reasonable period of time.
30. The provisions of this Act or the Scheme made thereunder shall have effect
notwithstanding anything inconsistent therewith contained in any other law for the
time being in force or in any instrument having effect by virtue of such law:
Provided that where a State Act exists or is enacted to provide employment
guarantee for unskilled manual work to rural households consistent with the
provisions of this Act under which the guarantee of the households is not less than
and the conditions of employment are not inferior to what is guaranteed under this
Act, the State Government shall have the option of implementing its own enactment:
Provided further that in such cases the financial assistance shall be paid to the
concerned State Government in such manner as shall be determined by the Central
Government, which shall not exceed what the State would have been entitled to
receive under this Act had a Scheme made under this Act had to be implemented.
31. (1) If the Central Government is satisfied that it is necessary or expedient
to do so, it may, by notification, amend Schedule I or Schedule II.
(2) A copy of every notification issued under sub-section (1) shall be laid
before each House of Parliament as soon as may be after it is made.
32. No suit, prosecution or other legal proceedings shall lie against the District
Programme Coordinator, Programme Officer or any other person who is, or who is
deemed to be, a public servant within the meaning of clause (28) of section 2 of the
Bharatiya Nyaya Sanhita, 2023 in respect of anything which is in good faith done
or intended to be done under this Act or the rules or Schemes made thereunder.
33. (1) The Central Government shall, by notification, and subject to the
condition of previous publication, make rules to carry out 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) State-wise normative allocation for each financial year, based on
objective parameters under sub-section (5) of section 4;
(b) manner and procedure to bear the excess expenditure and its
parameters under sub-section (6) of section 4;
(c) the composition, terms and conditions of appointment, tenure and
procedure of meeting under sub-section (3) of section 12;
45 of 2023.
THE GAZETTE OF INDIA EXTRAORDINARY
(d) the detailed functions, responsibilities and modalities under
sub-section (4) of section 12;
(e) terms and conditions of appointment of officials of National Level
Steering Committee under sub-section (2) of section 14;
(f) manner to redress the grievance under clause (d) of sub-section (3) of
section 17;
(g) manner of conducting social audit by Gram Sabha under
sub- section (2) of section 20;
(h) manner to bear the expenses of Scheme under sub-section (3) of
section 22;
(i) objective parameters to determine the State-wise normative allocation
under sub-section (4) of section 22;
(j) manner and procedure to bear the excess expenditure under
sub-section (5) of section 22;
(k) other items under clause (c) of sub-section (6) of section 22;
(1) other items under clause (c) of sub-section (7) of section 22;
(m) expenditure towards unemployment allowance and delay
compensation under sub-section (8) of section 22;
(n) manner of payments of wages and unemployment allowances under
sub-section (4) of section 23;
(0) social audit mechanism, and the adoption of such other
technology-enabled systems under clause (e) of section 24;
(p) manner to lay down the procedure for disposal of complaints under
sub-section (1) of section 25;
(q) the manner of transfer and vesting under sub-section (5) of section 37;
(r) any other matter which is to be, or prescribed or in respect of which
provision is to be made by rules for carrying out the provisions of this Act.
Power of State
Government to
make rules.
Laying of rules
and Schemes.
34. (1) The State Government may, by notification, and subject to the condition
of previous publication, and consistent with the provisions of this Act and the rules
made by the Central Government, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) terms and conditions of eligibility under sub-section (2) of section 11;
(b) terms, conditions, time, place and procedure of meeting and quorum
under sub-section (2) of section 13;
(c) manner of maintaining proper books and accounts under
sub-section (2) of section 23;
(d) form and manner to maintain the accounts of the Scheme under
sub-section (2) of section 26.
35.(1) 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.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
Power to remove
difficulties.
Repeal, savings
and transitional
provisions.
(2) Every rule or Scheme made by the State Government under this Act shall,
as soon as may be after it is made, be laid before each House of the State Legislature
where there are two Houses, and where there is one House of the State Legislature,
before that House.
36. (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 appear to it to be
necessary or expedient for removing the difficulty.
(2) No order shall be made under this section after the expiry of three years
from the commencement of this Act.
(3) Every order made under this section shall, as soon as may be after it is
made, be laid before each House of Parliament.
37. (1) Save as provided in section 10, on and from such date as the Central
Government may by notification appoint in this behalf (hereinafter referred to as the
appointed date), the Mahatma Gandhi National Rural Employment Guarantee
Act, 2005, together with all rules, notifications, Schemes, orders and guidelines
made thereunder, shall stand repealed.
(2) Notwithstanding such repeal, anything duly done or any action taken under
the repealed Act, including any notification issued, scheme sanctioned, employment
generated, muster roll prepared, wage liability accrued, or proceeding initiated,
shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to
have been done, taken, issued, sanctioned, accrued or incurred under the
corresponding provisions of this Act, as if this Act had been in force at all
material times.
(3) All appointments, engagements, authorisations, approvals and
administrative arrangements made under the repealed Act and continuing
immediately before the appointed date shall, unless inconsistent with the provisions
of this Act, continue to be valid and in force until they are altered, superseded or
withdrawn under this Act.
(4) All inquiries, investigations, audits and legal proceedings pending
immediately before the appointed date shall be continued, heard and disposed of as
if the repealed Act had not been repealed, and such proceedings shall not abate by
reason only of such repeal.
(5) All assets, liabilities, records, funds and obligations arising under, or
relating to, the repealed Act shall stand transferred to and vest in the authorities
constituted under this Act and shall be dealt with in such manner as may be
prescribed by the Central Government.
42 of 2005.
THE GAZETTE OF INDIA EXTRAORDINARY
SCHEDULE I
[See section 8 (3)]
Minimum features of Viksit Bharat Guarantee for Rozgar and Ajeevika Mission
(Gramin): VB-G RAM G (विकसित भारत-जी राम जी) Scheme
1. The Scheme notified under section 8 of the Act by all States shall be called
the "Viksit Bharat Guarantee for Rozgar and Ajeevika Mission (Gramin):
VB-G RAM G (विकसित भारत - जी राम जी) Scheme" and all documents pertaining
to the said Scheme shall have a mention of the Viksit Bharat-Guarantee for Rozgar
and Ajeevika Mission (Gramin): VB-G RAM G (विकसित भारत–जी राम जी)
Act, 2025.
2. All Scheme documents pertaining to the said Scheme shall have a mention
of the Viksit Bharat Guarantee for Rozgar and Ajeevika Mission (Gramin):
VB-G RAM G (विकसित भारत- जी राम जी) BILL, 2025.
3. The core objectives of the Scheme shall be as follows: (a) The primary
objective of this Act is to align the rural development framework with the national
vision of Viksit Bharat @2047 by providing an enhanced statutory wage-
employment guarantee of one hundred and twenty-five days in each financial year
to such rural households whose adult members volunteer to undertake unskilled
manual work, thereby enabling them to participate more effectively in the expanded
livelihood security framework.
(b) To focus on empowerment, growth, convergence and saturation through
public works aggregating into forming Viksit Bharat National Rural Infrastructure
Stack, with a thematic focus on water security through water-related works, core
rural infrastructure, livelihood-related infrastructure and special works to mitigate
extreme weather events.
(c) To facilitate adequate farm-labour availability during peak agricultural
seasons, and, in view of the wage-employment guarantee for the rural workforce.
(d) To institutionalise convergence, saturation-driven planning and whole of
government delivery through Viksit Gram Panchayat Plans, integrated with the PM
Gati Shakti to address the varying needs of Gram Panchayats, powered by geospatial
systems, digital public infrastructure, district and State planning mechanisms, with
such plans aggregated at the Block, District, State and National levels.
(e) To modernise governance, accountability and citizen engagement through a
comprehensive digital ecosystem, including biometric authentication at various levels,
global positioning system or mobile based worksite monitoring, real time
management information system dashboards, proactive public disclosures and the use
of Artificial Intelligence for planning, audits and fraud risk mitigation.
4. Works under the Scheme (1) Focus of the Scheme Classification of
Works: The Scheme shall focus on the following categories of works, as identified
in the Viksit Gram Panchayat Plans and aggregated into the Viksit Bharat National
Rural Infrastructure Stack.
(2) For the purposes of section 4 of the Act, the works to be taken up under
the Scheme, shall fall under the following Categories, together with their thematic
focus and intended outcomes, namely:—
(a) Category I-Water-Related Works (for Water Security)—
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
(A) The focus shall include conservation, irrigation, groundwater
recharge, source sustainability, rejuvenation of water bodies, watershed
development and afforestation and the Illustrative works include-
(i) construction of canals, flood or diversion channels, check
dams, gully plugs and underground dykes;
(ii) construction or rejuvenation of ponds, percolation tanks,
recharge pits, recharge shafts, injection wells and associated water
harvesting structures;
(iii) irrigation open wells, micro-irrigation channels and field
water distribution systems;
(iv) reclamation of community waterlogged land;
(v) afforestation and plantation works linked with soil and
moisture conservation; and
(vi) rooftop rainwater harvesting and other decentralised
recharge systems.
(B) Intended Outcomes-Strengthening of water security through
integrated water resource management, recharge and conservation for
long-term climate resilience.
(b) Category II-Core Rural Infrastructure-
(A) Thematic focus shall include core civic, social, governance and
service-delivery infrastructure relating to education, health, drinking
water, sanitation, connectivity, renewable energy and community
services and the Illustrative works include-
(i) construction or upgradation of rural roads, culverts, cross-
drainage structures and village connectivity facilities;
(ii) construction of Gram Panchayat Bhawans, Anganwadi
centres, rural libraries and other public buildings;
(iii) construction of school infrastructure, including kitchen
sheds, additional classrooms, laboratories, compound walls and
playgrounds;
(iv) crematoria and community infrastructure;
(v) solid and liquid waste management assets, including
stabilising ponds, community sanitary complexes, and waste
segregation and collection centres;
(vi) installation of solar lighting systems and other renewable
rural energy infrastructure; and
(vii) village parking areas, transport sheds and other common
rural amenities;
(viii) rural housing works permissible under the schemes of
the Central Government, including those permitted under the
Pradhan Mantri Awas Yojana Gramin;
(ix) repair and maintenance of works created under the Jal
Jeevan Mission for ensuring water supply.
(B) Intended Outcome-Creation of foundational civic and social
infrastructure ensuring basic amenities, improved service access and
enhanced quality of life in rural areas.
(c) Category III—Livelihood-related Infrastructure-
THE GAZETTE OF INDIA EXTRAORDINARY
(A) Thematic focus shall include productive assets and facilities
that enhance rural livelihoods through agriculture, livestock, fisheries,
value addition, skilling and enterprise development and the Illustrative
works include-
(i) construction of training-cum-skill development centres
and work sheds for livelihood activities;
(ii) rural haats or weekly markets and other market
infrastructure;
(iii) food grain storage buildings, agricultural produce
storage structures, cold storage units and other agri-value chain
infrastructure;
(iv) buildings for Self Help Groups and federation-level
institutions;
units;
(v) compost structures, including vermicompost and NADEP
(vi) development of silvipasture grasslands, dairy
infrastructure and shelters for cattle, goats, pigs, poultry and other
livestock;
(vii) fisheries-related infrastructure, including fish drying
yards;
and
(viii) raising of nurseries and production of building material;
(ix) Integrated projects promoting circular and cyclical
economy models, as may be approved by the Central Government.
(B) Intended Outcome-Strengthening of sustainable livelihoods,
value addition, enterprise development and self-reliant rural economies.
(d) Category IV-Special works to mitigate Extreme Weather Events
and Disaster Preparedness-
(A) Thematic focus shall include disaster risk reduction,
climate adaptation, and protection of rural communities and assets
from floods, cyclones, storms, droughts, landslides, forest fires and
other extreme weather events and the Illustrative works include-
(i) construction of cyclone shelters, flood shelters and
multipurpose disaster resilient structures;
(ii) construction of diversion channels, embankments
and other disaster-mitigation works;
(iii) stabilising ponds and water structures for flood
management;
(iv) post-disaster rehabilitation, restoration and repair
of rural roads and community assets;
(v) windbreak and shelterbelt plantations; and
(vi) forest fire management works, including fire
breaks, fuel buffer zones and allied measures.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
(B) Intended Outcome-Creation of climate-resilient
villages capable of withstanding extreme weather conditions.
(3) Any other public work which may be notified by the Central Government.
(4) Maintenance of rural public assets created under the Act.
(5) Works for individual beneficiaries, including but not limited to housing-
related works under the Pradhan Mantri Awaas Yojana Gramin, sanitation-related
works, and other beneficiary-oriented developmental works undertaken under
various schemes of the Central Government from time to time and expressly notified
for inclusion under the Scheme, may also be taken up. The eligibility of such
beneficiaries shall be as notified by the Central Government, aligned with the
eligibility criteria specified under the respective Central Government schemes, with
all such works conforming to the norms, standards and guidelines issued by the
Central Government.
(6) Without prejudice to the generality of the above, works creating individual
assets as notified by the Central Government shall be prioritised on land or
homestead owned by households belonging to—
(a) the Scheduled Castes;
(b) the Scheduled Tribes;
(c) nomadic tribes;
(d) denotified tribes;
(e) economically weaker sections of the society as identified based on
criteria notified by the Central Government;
(f) women-headed households;
(g) households headed by persons with disabilities;
(h) beneficiaries of land reforms;
(i) beneficiaries under the Pradhan Mantri Awaas Yojana Gramin
(PMAY-G); and
(j) beneficiaries under the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
(2 of 2007), and
after exhausting the eligible beneficiaries under the above categories, works may be
taken up on the lands of small or marginal farmers as identified on the basis of
criteria notified by the Central Government, subject to such conditions as may be
notified by the Central Government, including the requirement that such households
possess a valid job card and have at least one adult member willing to work on the
project undertaken on their land or homestead.
5. Participatory Planning under the Scheme:—(1) All Central, State or local
schemes, as may be notified by the Central Government for the purpose of
convergence and saturation-based planning, shall be brought under a unified
planning process anchored in the Viksit Gram Panchayat Plans.
(2) There shall be a systematic and participatory planning exercise
undertaken at each tier of the Panchayati Raj system in accordance with
the specified methodology. The Viksit Gram Panchayat Plans shall be
prepared by the Gram Panchayats using GIS-based tools, PM Gati Shakti layers
and other digital public infrastructure, and placed before the Gram Sabha for
THE GAZETTE OF INDIA EXTRAORDINARY
approval. Works proposed to be undertaken by the Intermediate Panchayat,
District Panchayat or other implementing agencies shall likewise be placed before
the respective Panchayats along with the expected outputs and outcomes. The Viksit
Gram Panchayat Plans shall be aggregated at the Block, District and State levels to
ensure coherence with sectoral priorities, broader rural development strategies, and
saturation-based planning for comprehensive coverage of eligible assets and
outcomes across all Gram Panchayats. All works emerging from the Viksit Gram
Panchayat Plans shall be consolidated into the Viksit Bharat National Rural
Infrastructure Stack.
(3) Viksit Gram Panchayat Plan-Every Gram Panchayat shall prepare
saturation-mode plans based on its classification into Category A, B, C, etc.,
determined based on development parameters, including proximity to urban areas,
to address the varying needs of the Panchayats. All such works shall be drawn
exclusively from the approved Viksit Gram Panchayat Plan, prepared using PM Gati
Shakti, GIS-based tools and other digital public infrastructure.
(4) The works identified in the Viksit Gram Panchayat Plans shall be executed
through various Central, State and local schemes in convergence. The schemes to
be taken up for such convergence shall be notified by the Central Government.
6. Framework for Convergence and Integrated Planning-A Unified
Convergence Framework shall be established for coherent planning, execution and
monitoring of all works undertaken in rural areas, and for this purpose-
(1) All Central, State or local schemes, as may be notified by the Central
Government for the purpose of convergence and saturation-based planning,
shall be brought under a unified planning process anchored in the Viksit Gram
Panchayat Plans;
(2) All existing assets and proposed works, whether funded under this
Act or through any other Central, State or local scheme, shall be mandatorily
registered and tracked through the Viksit Bharat National Rural
Infrastructure Stack using the designated digital portal, which shall maintain
a comprehensive register of rural public works, prevent duplication, integrate
departmental investments, and align all works with saturation outcomes.
(3) The Ministry of Rural Development shall prepare and periodically
update the management information system, a nationally harmonised, single
digital backbone for rural public works covering water security, core rural
infrastructure, livelihood-related infrastructure, and special works to mitigate
extreme weather events; and all planning shall follow a strict bottom-up
process beginning with the preparation of the Viksit Gram Panchayat Plan,
which shall be successively aggregated at the Block, District, State and National levels,
and the aggregated State Plan shall be placed before the State Level Steering
Committee for approval.
(4) Viksit Bharat National Rural Infrastructure Stack shall guide States,
Districts and Panchayati Raj Institutions in identifying priority infrastructure
gaps, standardising work designs, and ensuring that public investments
contribute measurably to saturation outcomes at the Gram Panchayat, Block
and District levels.
(5) This institutional architecture shall ensure a single-plan,
multi-funding approach, promote convergence across departments and
schemes, and align all rural development efforts with the Viksit Bharat 2047
vision of creating productive, resilient and transformative rural assets.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
7. Intra-State distribution of normative Allocation-The State Government
shall, upon receipt of the approved normative allocation from the Central
Government, ensure equitable, need-based and transparent intra-State distribution
of the allocation across districts and Gram Panchayats, taking into consideration the
categorisation of Gram Panchayats and the assessed local needs for determining
Gram Panchayat-wise allocations and corresponding district allocations; and the
detailed methodology, parameters and procedural requirements for such distribution
shall be notified by the Central Government under sub-section (2) of section 14.
8. Completion of Ongoing Works—At the time of opening new works, it shall
be ensured that ongoing or incomplete works are prioritised for completion, subject
to planning norms and the approved Viksit Gram Panchayat Plans.
9. Technical Estimates and Standards for Works-Every work under this Act
shall have a technical estimate and design sanctioned by an authority authorised by
the State Government, based on the framework aligned with the Viksit Bharat
National Rural Infrastructure Stack. While sanctioning estimates, the following
shall be ensured.
10. For works involving construction, appropriate labour-intensive
technologies, depending upon the availability of labour and the use of local
materials, shall be employed to the extent feasible.
11. Bills of quantities shall use clear and commonly understood terminology
to ensure transparency for all stakeholders.
12. Each work shall have a summary of the estimate, design and a technical
note indicating the expected outputs and outcomes.
13. All technical estimates, designs and outcome notes shall be generated or
uploaded through digital systems integrated with the designated management
information system.
14. Administrative and Financial Sanctions—(1) Works finalised at the Gram
Panchayat level through the approved Viksit Gram Panchayat Plan and aggregated
at the Block and District levels shall be accorded administrative or financial sanction
by the competent authority as per the requirements and within thirty days.
(2) The sanctioning authorities shall ensure that-
(a) the proposed works are drawn exclusively from the approved Viksit
Gram Panchayat Plan;
(b) the works are consistent with thematic domains, and the Viksit
Bharat National Rural Infrastructure Stack;
(c) all sanctioned works are taken up through the designated digital
portal under the Act.
15. Muster Rolls and Attendance Systems-The muster rolls for works
undertaken under this Act shall be maintained through digital systems and shall
comply with the following requirements-
(a) Each muster roll shall be in English and the local language and have
a unique electronically generated identity number (e-muster) issued through
the management information system. The muster roll shall include the names
of all workers who have demanded or been allocated work and shall be
authenticated by the authorised functionary of the Gram Panchayat or the
Programme Officer.
(b) Attendance at the worksite shall be recorded daily by an authorised
person using biometric attendance systems, and all attendance details shall be
made available for public viewing on a daily basis through the designated
management information system.
THE GAZETTE OF INDIA EXTRAORDINARY
(c) e-Muster rolls shall be processed by officials in the manner stipulated
under the relevant guidelines.
16. Measurement and Basis for Payment (1) Payment of wages shall only be
made based on measurements taken at the worksite by authorised technical
personnel within three days of the closure of the muster roll, and recorded digitally
through systems integrated with the designated management information system.
(2) The State Government shall ensure the deployment of adequate technical
personnel to enable timely measurement. Suitable persons may be trained and
deployed, with delegated technical responsibilities, and shall be paid wages at
skilled rates.
17. Wage Linkage to Output and Schedule of Rates-The State Government
shall ensure that wages without any gender bias are linked to the quantum of work
completed, in accordance with the Rural Schedule of Rates notified on the basis of
time-and-motion studies for different types of work and different seasons, and
revised periodically.
18. Special Schedule of Rates for Vulnerable Groups A separate Schedule
of Rates shall be finalised for women, the elderly, persons with disabilities and
persons with debilitating ailments to facilitate their productive participation in
suitable categories of work.
19. Working Hours and Earning Norms—(a) The Schedule of Rates shall be
framed so that an adult person working for eight hours, inclusive of one hour of rest,
can earn an amount equivalent to the notified wage rate.
(b) Working hours of an adult worker may be flexible but shall not extend
beyond twelve hours in a day, including intervals for rest.
20. Material Component-For all works undertaken under this Act, the cost
of the material component shall not exceed forty per cent. at the District level.
21. Execution Without Contractors (1) No contractor shall be engaged for
the execution of any work or component financed through expenditure under this
Act. All such works shall be executed directly by the implementing agencies in
accordance with the processes laid down under the Act, including mandatory
proactive disclosures and the social audit process.
(2) In cases of convergence where components of a work are financed under
other schemes, the execution of those components may follow the norms of the
converging scheme, including the use of contractors where permitted.
22. As far as practicable, works executed by the programme implementation
agencies shall be performed by using manual labour and no labour displacing
machines shall be used.
23. Transparent Procurement of Materials-All materials required for the
execution of works shall be procured by the Gram Panchayat or the implementing
agency through transparent procurement systems, including e-tendering processes,
as specified by the State Government.
24. Out of the administrative costs allowed under the Scheme, at least
one-third shall be utilised at the Gram Panchayat level to employ and pay the Gram
Rozgar Sahayak, other technical personnel as per the work done and for other
administrative expenses.
25. Transparency and Accountability (1) Every Scheme prepared under this
Act shall contain comprehensive provisions to ensure transparency and
accountability at all levels of implementation, including Mandatory Public
Disclosure and social audit.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
(2) Mandatory Public Disclosure (a) Mandatory Public disclosure shall be
undertaken through digital systems integrated with the designated management
information system and displayed at the village level for public scrutiny. This shall
include.
(b) Display at every worksite a "Janata Board" indicating details of
the work, estimated labour days, material quantities in local terminology, and
item-wise costs.
(c) Digital and physical display of number of days of employment provided,
wage payments, material payments, guarantees under the Act, works approved
under the Viksit Gram Panchayat Plan, and year-wise works taken up or completed
by the Gram Panchayat and other implementing agencies.
(d) Public disclosure of all information relating to works, labour demand,
employment provided, payments, material utilisation and physical progress under
this Act shall be carried out through digital systems integrated with the designated
portal. Weekly disclosures shall be automatically generated and displayed in a
publicly accessible physical and digital formats. In addition, the Gram Panchayat
shall convene weekly disclosure meetings in the Gram Panchayat Bhawan to present
the status of works, payments, grievances and other relevant information before the
community.
(e) The Ministry of Rural Development and the State Departments shall ensure
that their official websites are regularly updated in compliance with clause (b) of
sub-section (1) of section 4 of the Right to Information Act, 2005 (22 of 2005), with
all information on the Act available in free, downloadable electronic form.
(3) Social audit (a) all works, expenditures and guarantees under this Act
shall be subject to social audit at least once every six months in the manner as may
be prescribed by the Central Government;
(b) the procedure, standards and modalities for conducting social audits shall
be as prescribed by the rules made under this Act;
(c) until such rules are notified, the provisions of the Mahatma Gandhi
National Rural Employment Guarantee Audit of Schemes Rules, 2011 shall, mutatis
mutandis, apply to the conduct of social audits under this Act.
(4) Concurrent evaluation mechanism-For ensuring measurable
outcomes and real-time accountability, technology-enabled monitoring shall be
mandated for tracking work execution and post-completion asset outcomes,
supported by verified data systems and spatial technologies. Weekly public
disclosures shall be reinforced through a comprehensive transparency framework.
A Concurrent Evaluation Mechanism, as may be specified by the Central
Government through guidelines, shall provide continuous vigilance and enable
timely corrective action.
26. Recovery of misappropriated amounts—(1) Any misappropriation of
amounts spent under the Act shall be recoverable under the relevant revenue laws
for recovery prevailing in the State.
(2) The portion of such recoveries pertaining to the Central share shall be
remitted to the Consolidated Fund of India through the mechanism established by
the Central Government.
THE GAZETTE OF INDIA EXTRAORDINARY
27. Inspection and Quality Control-The State Government shall ensure
regular inspection and supervision of works by designated quality-control teams to
verify adherence to quality standards, accuracy of measurements and conformity of
wage payments to the actual quantum of work executed. Inspection reports shall be
uploaded to the management information system.
28. Grievance Redressal Mechanism-An effective grievance redressal
mechanism shall be established under the Act, comprising the following
components, namely:—
(a) Institutional mechanisms for receiving grievances at the Ward, Gram
Panchayat, Block and District levels, with at least one designated day each
week when officials shall be mandatorily available to receive grievances;
(b) Issuance of a dated acknowledgement for all grievances submitted in
writing, telephonically, online, or orally to any authorised functionary;
(c) Enquiry through spot verification or inspection and disposal shall be
completed within seven working days of receipt of the grievance;
(d) Upon completion of the enquiry, the concerned authority shall
initiate immediate corrective action, and the grievance shall be resolved within
fifteen days;
(e) Failure to dispose of a grievance within seven working days at the
level determined, shall be treated as a contravention of the provisions of this
Act and shall attract action in accordance with section 27 or any corresponding
provision of this Act;
(f) Where prima facie evidence of financial irregularity is revealed
during preliminary enquiry or through findings of the social audit report, the
District Programme Coordinator shall, after obtaining legal advice, ensure that
a First Information Report is lodged and necessary proceedings initiated;
(g) The concerned authority shall inform the complainant in writing,
physically or digitally, of the conclusions of the enquiry and the steps taken
for redressal;
(h) Action taken on grievances received by all implementing agencies
shall be placed before the meetings of the Intermediate Panchayat and the
District Panchayat for review and monitoring;
(i) Appeals against the orders of the Gram Panchayat shall lie
before the Programme Officer; appeals against the orders of the Programme
Officer shall lie before the District Programme Coordinator; appeals against
the orders of the District Programme Coordinator shall lie before the State
Grievance Redressal Authority or any officer designated by the State
Government;
order;
(j) All appeals shall be filed within forty-five days from the date of the
(k) All appeals shall be disposed of within thirty days from the date of
receipt;
(1) Any grievance not resolved within fifteen days at the Ward, Gram
Panchayat, Block or District level shall be automatically escalated to the next
higher level through digital systems integrated with the designated
management information system, and such escalations shall be continuously
monitored electronically.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
29. Ombudsperson-The State Government shall appoint an Ombudsperson
for each District to receive grievances, conduct enquiries and issue awards in
accordance with the guidelines notified by the Central and the State Governments.
The Ombudsperson shall operate through digital platforms integrated with the
designated digital portal under this Act.
30. Action for Contravention-Wherever contravention of any provision of
this Act is established after due enquiry by the State Government, the District
Programme Coordinator, the Programme Officer, the Ombudsperson or any other
authority authorised by the State Government, action shall be taken in accordance
with section 27 of this Act or any corresponding provision.
31. Annual Reporting-The District Programme Coordinator, the Programme
Officer and each Gram Panchayat shall prepare an annual report detailing facts,
figures and achievements relating to the implementation of the Scheme within their
jurisdiction. A copy of such report shall be made available to the public in physical
or electronic form, on payment of such fee as may be specified in the Scheme.
32. All accounts and records including muster rolls relating to the scheme shall
be made available for public scrutiny free of cost. Any person desirous of obtaining
a copy or relevant extracts therefrom may be provided such copies or extracts on
demand not later than three working days from the date of receipt of application.
33. Capacity Building and Strengthening Panchayats-There shall be a
dedicated plan for training, Information Education Communication, digital literacy
and strengthening Panchayati Raj Institutions.
THE GAZETTE OF INDIA EXTRAORDINARY
SCHEDULE II
[See section 9(2)]
1. Gramin Rozgar Guarantee Card (1) Household Registration-The adult
member of every household residing in any rural area and willing to undertake
unskilled manual work, may submit the names, ages and address of the household
to the Gram Panchayat within whose jurisdiction they reside, for the purpose of
registration of the household and issuance of a Gramin Rozgar Guarantee Card.
(2) Special Gramin Rozgar Guarantee Card, where the job seeker is-
(a) a single woman; or
(b) a person with disability; or
(c) persons above sixty years of age; or
(d) a released bonded labourer; or
(e) a person belonging to a Particularly Vulnerable Tribal Group; or
(f) a transgender person.
(3) The Special Gramin Rozgar Guarantee Card of a distinct colour, shall
ensure special protection in the providing work, work evaluation, and worksite
facilities, as applicable.
(4) It shall be the duty of the Gram Panchayat, after making such enquiry, as
it deems fit, to issue a Gramin Rozgar Guarantee Card within fifteen days from the
date of receipt of such application, containing therein a unique Gramin Rozgar
Guarantee Card number with details of the registered adult members of the
household, their photos, Bank or Post office account number, insurance policy
number and the Aadhaar numbers, if any.
(5) The Gramin Rozgar Guarantee Card issued, shall be valid for three years,
after which it may be renewed after due verification.
(6) No Gramin Rozgar Guarantee Card shall be cancelled except on any of the
following grounds-
(a) where it is found to be a duplicate;
(b) where the entire household has permanently migrated to a place
outside the jurisdiction of the Gram Panchayat and no longer resides in the
village; or
(c) where all adult members of the registered household are deceased.
(7) The State Government shall make arrangements for updating the following
details in the Gramin Rozgar Guarantee Card regularly while mentioning the key
guarantees under the Act are clearly listed as follows:-
(a) number of days for which work was demanded;
(b) number of days of work allocated;
(c) description of the work allocated along with the muster roll number;
(d) measurement details;
(e) unemployment allowance, if any, paid;
(f) date-wise amount of wages paid;
(g) delay compensation paid if any;
(h) asset provided, if any.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
2. Demand for work (1) Every adult member of a registered household
whose name appears in the Gramin Rozgar Guarantee Card, shall be entitled to
apply for unskilled manual work under the Scheme; and every such application shall
be compulsorily registered, and a receipt issued with the date, which shall be entered
in the given digital platform.
(2) The State shall proactively verify the requirements of the Vulnerable
Groups and provide them with work.
(3) Application for work may be oral or written and made to the Ward member
or to the Gram Panchayat or to the Programme Officer or any person authorised by
the State Government or through digital platforms, or through any other means
authorised by the State Government.
(4) Applications for work may be filed individually or for a group together.
(5) There shall be no limit on the number of days of employment for which a
person may apply, or on the number of days of employment actually provided to
him subject to the aggregate guarantee of the household.
(6) Normally, applications for work must be for at least six days of continuous
work.
(7) Provision shall be made in the Scheme for advance application, that is,
application which may be submitted earlier than the date from which employment
is sought.
(8) Provision shall be made in the Scheme for submission of multiple
applications by the same person provided that the corresponding periods for which
employment is sought do not overlap.
3. Allocation of work-(1) The Gram Panchayat and Programme Officer shall
ensure that every applicant shall be provided unskilled manual work in accordance
with the provisions of the Scheme within fifteen days of receipt of an
application or the date from which he seeks work in case of advance application,
whichever is later.
(2) Priority shall be given to women in such a way that at least one-third of
the beneficiaries shall be women who have registered and requested for work.
Efforts to increase participation of single women and the person with disabilities
shall be made.
(3) Applicants who are provided with work shall be so intimated
in writing, by means of a letter sent to him at the address given in the Gramin Rozgar
Guarantee Card or through any other effective mode of communication or by a
public notice displayed at the office of the Panchayats at district, intermediate or
village level.
(4) A list of persons who are provided with the work shall be displayed on the
notice board of the Gram Panchayat and at the office of the Programme Officer and
at such other place as the Programme Officer may deem necessary and the list shall
be open for inspection by the State Government and any interested person.
(5) As far as possible, the employment shall be provided within a radius of
five kilometers of the village where the applicant resides at the time of applying.
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(6) A new work under the Scheme can be commenced if at least ten labourers
become available for work, provided that this condition shall not be applicable for
new works, as determined by the State Government, in hilly areas and in respect of
afforestation works.
(7) In case the employment is provided outside the radius specified in
sub-paragraph (5) of paragraph 3, it shall be provided within the Block, and the
labourers shall be paid ten per cent. of the wage rate as extra wages to meet
additional transportation and expenses for living.
(8) A period of employment shall be for at least six days continuously, with
not more than six days in a week.
4. Worksite management (1) For the purpose of transparency at the
worksite, the following shall be ensured-
(a) there shall be a project initiation meeting in which various provisions
of the work shall be explained to the workers;
(b) a copy of the sanction work order shall be available for public
inspection at the worksite;
(c) measurement record of each work and details of the workers shall be
available for public inspection;
(d) A Citizens' Information Board shall be put up at every worksite and
updated regularly in the manner specified by the Central Government;
(e) The vigilance and Monitoring Committee set up according to the
instructions of the Central Government may check all works and its evaluation
report will be recorded in the Works Register in the format specified by the
Central Government and submitted to the Gram Sabha during the Social
Audit.
(2) The facilities of safe drinking water, shade for children and periods of rest,
first aid box with adequate material for emergency treatment for minor injuries and
other health hazards connected with the work being performed shall be provided at
the worksite.
(3) In case the number of children below the age of five years accompanying
the women working at any site is five or more, provisions shall be made to depute
one of such women workers to look after such children. The person so deputed shall
be paid wage rate.
5. Welfare (1) If any personal injury is caused to any person employed under
the Scheme by any accident arising out of and in the course of his employment, he
shall be entitled to such medical treatment as required, free of cost.
(2) Where hospitalisation of the injured worker is necessary, the State
Government shall arrange for such hospitalisation including accommodation,
treatment, medicines and payment of daily allowance which is not less than half of
the wage rate.
(3) If a person employed under the Scheme meets with death or becomes
permanently disabled by accident arising out of and in the course of employment,
he or his legal heirs, as the case may be, shall be paid by the implementing agency
an ex-gratia as per entitlement under the Pradhan Mantri Suraksha Bima Yojana or
as may be notified by the Central Government.
(4) If any personal injury is caused by accident to a child accompanying a
person who is employed under the Scheme, such person shall be entitled to medical
treatment free of cost; and in case of death or disablement of the child due to the
said accident, ex-gratia shall be paid to the legal guardians as determined by the
State Government.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
6. Wage payment—(1) In case the payment of wages is not made within fifteen
days from the date of closure of the muster roll, the wage seekers shall be entitled
to receive payment of compensation for the delay, at the rate of 0.05% of the unpaid
wages per day of delay beyond the sixteenth day of closure of muster roll.
(2) Any delay in payment of compensation beyond a period of fifteen days
from the date it becomes payable, shall be considered in the same manner as the
delay in payment of wages;
(3) For the purpose of ensuring accountability in payment of wages and to
calculate culpability of various functionaries or agencies, the States shall divide
the processes leading to determination and payment of wages into various stages
such as,-
(a) measurement of work;
(b) computerising the muster rolls;
(c) computerising the measurements;
(d) generation of wage lists; and
(e) uploading Fund Transfer Orders (FTOs), and specify stage-wise
maximum time limits along with the functionary or agency which is
responsible for discharging the specific function.
(4) The computer system shall have a provision to automatically calculate the
compensation payable based on the date of closure of the muster roll and the date of
deposit of wages in the accounts of the wage seekers.
(5) The State Government shall pay the compensation upfront after due
verification within the time limits as specified above and recover the compensation
amount from the functionaries or agencies who are responsible for the delay in
payment.
(6) It shall be the duty of the District Programme Coordinator or Programme
Officer to ensure that the system is operationalise.
(7) The number of days of delay, the compensation payable and actually paid
shall be reflected in the Management Information System.
(8) Effective implementation of sub-paragraph (1) shall be considered
necessary for the purposes of section 29 of the Act.
7. The payment of wages shall, unless so exempted by the Central
Government, be made through the individual savings accounts of the workers in the
relevant Banks or Post Offices.
8. In case of employment provided under the Scheme, there shall be no
discrimination solely on the ground of gender and the provisions of the Equal
Remuneration Act, 1976 (25 of 1976), shall be complied with.
9. Record maintenance and grievance redressal system-The Gram Panchayat
shall prepare and maintain or cause to be prepared and maintained such registers,
vouchers and other documents in such form and in such manner as may be specified
in the Scheme containing particulars of Gramin Rozgar Guarantee Cards and pass
books issued, name, age and address of the head of the household and the adult
members of the households registered with the Gram Panchayat.
10. (1) Notwithstanding anything contained in this Schedule, in the event of
any national calamity such as flood, cyclone, tsunami and earthquake resulting in
mass dislocation of rural population, the adult members of rural households of areas
so affected may-
THE GAZETTE OF INDIA EXTRAORDINARY
(a) seek for registration and get Gramin Rozgar Guarantee Card issued
by the Gram Panchayat or Programme Officer of the area of temporary
relocation;
(b) submit written or oral applications for work to the Programme
Officer or the Gram Panchayat of the area of temporary relocation; and
(c) apply for re-registration and re-issuance of Gramin Rozgar Guarantee
Card in the event of any loss or destruction.
(2) The details of such Gramin Rozgar Guarantee Cards shall be intimated to
the District Programme Coordinator.
(3) In the event of restoration of normalcy, the Gramin Rozgar Guarantee Card
so issued shall be re-endorsed at original place of habitation and clubbed with the
original Gramin Rozgar Guarantee Card on being retrieved.
(4) The number of days of employment provided shall be counted while
computing 125 days of guaranteed employment per household.
11. Every worker shall have an opportunity of being heard and register any
grievance either orally or in writing, at all implementation levels for disposal as per
the provisions of the Grievance Redressal Mechanism under the Scheme.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
STATEMENT OF OBJECTS AND REASONS
Viksit Bharat Guarantee for Rozgar and Ajeevika Mission (Gramin):
VB-G RAM G (विकसित भारत-जी राम जी) Bill, 2025 is proposed to be introduced
with the following background, object and reasons.
2. Post-independence rural development policies in India focused on
addressing poverty, improving agricultural productivity, absorbing surplus and
under-employed rural labour through various wage employment schemes,
strengthening rural infrastructure, etc. Over the decades, the approaches have
evolved, ranging from community development programs to employment
generation schemes to uplift rural communities. The nature of rural employment
generation schemes has undergone continuous change based on the evolving
socio-economic scenario.
3. India's rural employment schemes have evolved through several
phases, starting with early programs, like, the Rural Manpower Programme (1960s)
and Crash Scheme for Rural Employment (1971). In the 1980s, the National Rural
Employment Programme and Rural Landless Employment Guarantee Programme
were launched, later merged into Jawahar Rozgar Yojana in 1993 which
consolidated into the Sampoorna Grameen Rozgar Yojana in 1999, to streamline
structured rural employment efforts. The Employment Assurance Scheme was
introduced in 1993 to provide work during agricultural lean seasons. The
Food for Work Programme, initiated in 1977-78 and later expanded as the National
Food for Work Programme in 2004, provided food grains as wages for manual
labour on public works, targeting most backward districts to improve both food
security and employment. Notably, the Maharashtra Employment Guarantee
Act, 1977 provided right to work to adult members of every rural household who
volunteered to do unskilled manual work, thus bringing in the concept of a statutory
right.
4. While the earlier initiatives offered some relief to rural households, their
scale and resources remained limited in relation to the broader challenges of
unemployment and poverty in rural India. It was in this background that, in 2005,
the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, (Mahatma
Gandhi NREGA) was enacted to provide a statutory framework for employment
generation in rural areas.
5. Over the past twenty years, Mahatma Gandhi NREGA has
provided a guaranteed wage-employment to rural households ensuring wage
income; however, further strengthening has become necessary in view
of the significant socio-economic transformation witnessed in the rural landscape
driven by widespread coverage of the social security interventions and
saturation-oriented implementation of major Government schemes. Similarly, rural
connectivity, rural housing, electrification, financial inclusion and digital access
have deepened, the workforce has diversified, and aspirations have shifted towards
better incomes, growth-oriented infrastructure, sustainable livelihoods and greater
climate resilience.
6. To cater to the changing aspirations, stronger convergence is required to
establish an integrated, Whole-of-Government rural development framework
covering several complementary Government schemes. It is essential that rural
infrastructure creation must transition from fragmented provisioning to a coherent
and future-oriented approach and it is also essential that resources are distributed in
a fair manner to reduce disparities and promote inclusive growth across all rural
areas of the country based on objective parameters.
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7. As national development advances, rural development programs require
periodical revision to remain aligned with emerging needs and further aspirations.
In the vastly changed circumstances of today, a transformational approach to rural
development is essential to achieve the objectives of Viksit Bharat @2047. The
expanding scale of development interventions is expected to create additional
employment opportunities for rural households. It is imperative to engage the rural
workforce more effectively to support the vision of Viksit Bharat, while
empowering them through enhanced livelihood gurarantee. Therefore, the
Government has resolved to enhance the wage-employment guarantee for rural
households from one hundred days to one hundred and twenty-five days per
financial year for anchoring rural asset creation through the enactment of an
appropriate Act.
8. The proposed Bill is titled the “Viksit Bharat Guarantee for Rozgar and
Ajeevika Mission (Gramin): VB—G RAM G (विकसित भारत-जी राम जी)
Bill, 2025" to establish a rural development framework aligned with the national
vision of Viksit Bharat @2047, by providing a statutory guarantee of one hundred
and twenty-five days of wage employment in every financial year to every rural
household whose adult members volunteer to undertake unskilled manual work; to
promote empowerment, growth, convergence and saturation for a prosperous and
resilient rural Bharat.
9. The salient features of the proposed Bill are as follows:-
(a) The primary objective of the Bill is to align the rural development
framework with the national vision of Viksit Bharat @2047 by providing an
enhanced statutory wage-employment guarantee of one hundred and
twenty-five days in each financial year to such rural households whose adult
members volunteer to undertake unskilled manual work, thereby enabling
them to participate more effectively in the expanded livelihood security
framework.
(b) In view of the enhanced wage-employment guarantee for the rural
workforce, it is also crucial to facilitate the availability of farm labour,
especially during the peak agricultural season. In this context, the Bill shall
have a provision to empower the States to notify in advance, certain duration,
covering peak sowing and harvesting seasons, during which execution of
works under this Bill will not be undertaken.
(c) The focus shall be on empowerment, growth, convergence and
saturation with Gram Panchayats as the primary institutions for participatory
planning and execution, backed by appropriate professional and technical
capacity.
(d) The convergence, saturation-driven planning and whole of
Government delivery shall be institutionalised through integration of Viksit
Gram Panchayat Plans with the PM Gati Shakti to address the varying needs
of Gram Panchayats, and powered by geospatial systems, digital public
infrastructure, District and State planning mechanisms, with such plans
aggregated at the Block, District, State and consolidated into Viksit Bharat
National Rural Infrastructure Stack.
(e) Every State Government shall prepare a Scheme for giving effect to
the guarantee proposed under this Bill, within a period of six months from the
date of the commencement of the Act and that shall be implemented as a
Centrally Sponsored Scheme.
(f) The Central Government shall make normative allocation to each
State, to be estimated based on objective parameters, as prescribed in the rules.
Further, expenditure in excess of the approved normative allocation shall be
the responsibility of the State Governments.
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[Part II-
(g) Special relaxations shall be permissible during natural calamities or
extraordinary circumstances as decided by the Central Government, enabling
temporary modifications to the provisions for timely response and relief.
(h) The wage rates for unskilled manual work shall be notified by the
Central Government for the purpose of this legislation. Until such time as
separate rates are notified, the wage rates notified under the Mahatma Gandhi
NREGA shall be deemed to be the applicable rates.
(i) If an eligible applicant is not provided work as per the provisions of
this Bill within the prescribed time limit, it will be obligatory on the part of
the State Government to pay unemployment allowance at the prescribed rate.
(j) The Central Gramin Rozgar Guarantee Council and the State Gramin
Rozgar Guarantee Councils shall be constituted for review, monitoring and
effective implementation of the provisions of the legislation in their respective
areas. Steering committees at Central and State Level shall be constituted to
recommend on matters concerning normative allocations, convergence and
other such matters.
(k) Provision for transparency and accountability shall be ensured
through Biometric authentication, spatial technology-enabled planning,
mobile and dashboard-based monitoring, and weekly public disclosure
systems. The social audit mechanism shall be strengthened.
(1) Provisions for Minimum features of the Scheme to be made under the
Bill, have been laid down in the Bill.
10. The Bill seeks to achieve the above objectives.
NEW DELHI;
The 13th December, 2025.
SHIVRAJ SINGH CHOUHAN.
THE GAZETTE OF INDIA EXTRAORDINARY
Notes on clauses
Clause 1 of the Bill provides for the short title and the commencement of
the Bill.
Clause 2 of the Bill provides for definitions of terms and expressions used in
the Bill.
Clause 3 of the Bill provides for the requirement that each State Government
shall, notify, within six months of commencement, make a Scheme consistent with
the Bill and the Scheme to be implemented as a Centrally Sponsored Scheme.
Clause 4 of the Bill provides for Viksit Gram Panchayat Plans as the origin of
all works, their consolidation into Block, District and State plans, and the
aggregation of the Viksit Bharat National Rural Infrastructure Stack, the four
thematic domains of works, and categorisation of Gram Panchayats.
Clause 5 of the Bill provides for the statuory guarantee of not less than one
hundred and twenty-five days of wage employment in a financial year to every rural
household volunteering to do unskilled manual work and further provides for
guarantee of wages by a person who has done work under the scheme.
Clause 6 of the Bill provides that no works shall be undertaken during notified
peak agricultural seasons aggregating to sixty days to facilitate farm-labour
availability in peak agricultural seasons.
Clause 7 of the Bill provides that the Central Government may decide special
relaxations during natural calamities, or extraordinary circumstances
recommendation by the State Government.
on
Clause 8 of the Bill provides for the requirement that every State shall make a
Scheme to provide guaranteed wage-employment to every rural housefold to give
effect to the Bill.
Clause 9 of the Bill provides the conditons for providing guaranteed
employment.
Clause 10 of the Bill provides for the Central Government to notify the wage
rate for unskilled manual work.
Clause 11 of the Bill provides for entitlement to unemployment allowance if
employment is not provided within fifteen days, at prescribed rates, to be paid by
the State Government.
Clause 12 of the Bill provides for the Central Government to notify the Central
Gramin Rozgar Guarantee Council and its composition, tenure and terms and
conditions of the Chairperson and non-official members by rules.
Clause 13 of the Bill provides that the State Government to constitute the State
Gramin Rozgar Guarantee Council, its composition, terms and conditions of the
Chairperson and non-official members by rules.
Clause 14 of the Bill provides for the constitution of a National Level Steering
Committee to recommend normative allocations, advise on inter-ministerial
convergence and provide high-level oversight.
Clause 15 of the Bill provides for the constitution of a State Level Steering
Committee to provide operational guidance, coordination and monitoring of
implementation of the Scheme.
Clause 16 of the Bill provides that Panchayats at district, intermediate and
village levels shall be the principal authorities for planning, implementation and
monitoring of the Scheme and defines their respective roles.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
Clause 17 of the Bill provides for the designation of the District Programme
Coordinator, sets out the Coordinator's responsibilities, including preparation of the
district plan, supervision, inspections, grievance redress and aggregate district plan.
Clause 18 of the Bill provides for the appointment of a Programme Officer at
the intermediate level, and his functions.
Clause 19 of the Bill provides for the responsibilities and functions of the
Gram Panchayat, including registration of households, issuing Rozgar Guarantee
Cards, preparing Viksit Gram Panchayat Plans, allocation of works and execution
of works.
Clause 20 of the Bill provides that the Gram Sabha shall monitor and review
the execution of works, conduct regular social audits and have access to all records
required for audit.
Clause 21 of the Bill provides for the State Government to provide necessary
staff and technical support to District Programme Coordinators and Programme
Officers.
Clause 22 of the Bill provides that the Scheme shall be a Centrally Sponsored
Scheme, specifies the fund-sharing ratios, determination of State-wise normative
allocations and the Central and State components of eligible expenditure.
Clause 23 of the Bill provides transparency and accountability, the
responsibilities of the District Programme Coordinator and implementing agencies
for proper fund utilisation, accounting, payments of wages and unemployment
allowances by rules and disposal of complaints.
Clause 24 of the Bill provides for technology enabled transparency and public
accountability, including biometric authentication, geospatial planning, mobile or
dashboard monitoring, weekly public disclosures and strengthened social audit
mechanisms.
Clause 25 of the Bill provides for a time-bound multi-tier grievance redressal
mechanism at the Gram Panchayat, Block and District levels.
Clause 26 of the Bill provides for audit arrangements of Schemes at all levels
in consultation with the Comptroller and Auditor-General of India and for
prescribed account maintenance.
Clause 27 of the Bill provides for penalties for contravention of the Bill, with
the penalty up to ten thousand rupees.
Clause 28 of the Bill provides for the Central and State Governments to
delegate powers by notification to subordinate officers.
Clause 29 of the Bill provides for the Central Government's power to give
directions to States for effective implementation of Bill and to investigate
complaints and, if necessary, suspend fund releases and order remedial measures.
Clause 30 of the Bill provides for overriding effect.
Clause 31 of the Bill provides for the power of the Central Government to
amend Schedule.
Clause 32 of the Bill provides for immunity from suit, prosecution or legal
proceedings for public servants acting in good faith under the Bill.
Clause 33 of the Bill provides for the Central Government to make rules
subject to previous publication and lists specific matters the rules may cover.
Clause 34 of the Bill provides for the State Government to make rules
consistent with the Bill and Central rules and lists specific matters for State rules.
THE GAZETTE OF INDIA EXTRAORDINARY
Clause 35 of the Bill provides for the procedure for laying Central rules before
Parliament and State rules before State Legislatures and for parliamentary
modification or annulment.
Clause 36 of the Bill provides for removal of difficulties.
Clause 37 of the Bill provides for the repeal of the Mahatma Gandhi National
Rural Employment Guarantee Act, 2005, from the appointed date and transitional
provisions.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
FINANCIAL MEMORANDUM
The Bill seeks to introduce the Viksit Bharat Guarantee for Rozgar and
Ajeevika Mission (Gramin): VB-G RAM G (विकसित भारत जी राम जी)
BILL, 2025, in the Parliament and to repeal the Mahatma Gandhi National Rural
Employment Guarantee Act, 2005.
1. Sub- clause (1) of clause 5 of the Bill provides that the State Government
shall, in such rural area in the State, as may be notified by the Central Government,
provide to every household whose adult members volunteer to do unskilled manual
work, not less than one hundred and twenty-five days of guaranteed employment in
a financial year in accordance with the Scheme made under this legislation.
This will require a large number of works to be taken up under the Scheme to
be prepared in each State where the legislation is to be implemented. This will entail
expenditure on the execution of works, covering both wage and material
components, in accordance with clause 22 of the Bill.
2. Sub-clauses (5) and (6) of clause 4 of the Bill provide that the Central
Government shall determine the State-wise normative allocation for each financial
year, based on objective parameters as may be prescribed. Any expenditure incurred
by a State in excess of its normative allocation shall be borne by the State
Government in a manner and procedure as may be prescribed.
3. Clause 10 of the Bill provides that the Central Government may, by
notification, specify the wage rate for the purposes of this Bill, which shall apply to
all unskilled manual work provided under the Scheme; different rates may be
notified for different areas.
4. Sub-clause (1) of clause 11 of the Bill provides that if an applicant for
employment under the Scheme is not provided such employment within fifteen days
of receipt of his application seeking employment or from the date on which the
employment has been sought in the case of an advance application, whichever is
later, he shall be entitled to a daily unemployment allowance.
5. Sub-clause (2) of clause 11 of the Bill provides that the unemployment
allowance shall be paid to applicants of a household subject to a legal guarantee of
the household at such rate as may be specified by the State Government, by
notification, in consultation with the State Council provided that no such rate shall
be less than one-fourth of the notified wage rate for the first thirty days during the
financial year and not less than one-half of the wage rate for the remaining period
of the financial year.
6. Sub-clause (3) (d) of clause 11 of the Bill provides that the liability of the
State Government to pay unemployment allowance to a household during any
financial year shall cease, as soon as the household of the applicant has earned as
much from the wages and unemployment allowance taken together which is
equal to the wages for one hundred and twenty-five days of work during the
financial year.
7. Clause 22 of the Bill provides for the nature of the Scheme and the funding
pattern as follows:-
(1) The Scheme implemented under this Bill, shall be a Centrally
Sponsored Scheme.
(2) For the purposes of this Bill, the fund-sharing pattern between the
Central Government and the State Governments shall be 90:10 for the North
Eastern States and Himalayan States and Union territory (Uttarakhand,
Himachal Pradesh and Jammu and Kashmir), and 60:40 for all other States
and Union territorries with legislature.
THE GAZETTE OF INDIA EXTRAORDINARY
(3) For the Union territories without legislature, the Central Government
shall bear the entire expenses of the Scheme in the manner as may be
prescribed.
(4) The Central Government shall determine the State-wise normative
allocation for each financial year, based on objective parameters as may be
prescribed.
(5) Any expenditure incurred by a State in excess of its normative
allocation shall be borne by the State Government in such manner and
procedure as may be prescribed.
(6) In accordance with the State-wise normative allocation determined
under this Bill, the share of the Central Government shall include expenditure
towards-
(a) payment of wages for unskilled, semi-skilled and skilled labour
employed under the Scheme;
(b) the material component of works, subject to provisions in
Schedule I;
(c) such administrative expenses as may be specified by the
Central Government, including salary and allowances of programme
officers and supporting staff, administrative expenses of the Central
Council, facilities required under Schedule II, and such other items as
may be prescribed by the Central Government.
(7) In accordance with the State-wise normative allocation determined
under this Bill, the share of the State Government shall include expenditure
towards-
(a) payment of wages for unskilled, semi-skilled and skilled labour
employed under the Scheme;
(b) the material component of works, subject to provisions in
Schedule I;
(c) such administrative expenses as may be specified by the
Central Government, including salary and allowances of programme
officers and supporting staff, administrative expenses of the State
Council, facilities required under Schedule II, and such other items as
may be prescribed by the Central Government.
(8) The State Government shall bear the expenditure towards
unemployment allowance and delay compensation as may be prescribed by
the State Government.
8. The expenditure under the Scheme will depend on the number of persons
reporting for work, wage rate and the material and administrative components of the
work. If the legislation is implemented across the entire country, the total estimated
annual requirement of funds on wage, material and administrative components is
*1,51,282 crore (Rupees one lakh fifty-one thousand two hundred eighty-two crore),
including the State share. Of this, the estimated Central share is ₹95,692.31 crore
(Rupees ninety-five thousand six hundred ninety-two crore and thirty-one lakh).
9. Upon repeal of the Mahatma Gandhi National Rural Employment Guarantee
Act,2005, it will be necessary to settle central pending liabilities payable to the
States and union territories, up to the closure of Financial Year 2025-2026 or until
the date of commencement of the Viksit Bharat Guarantee for Rozgar and
Ajeevika Mission (Gramin): VB-G RAM G (विकसित भारत-जी राम जी)
BILL, 2025 comes into force, whichever is later.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause (1) of clause 33 of the Bill empowers the Central Government to make
rules for carrying out the provisions of the proposed legislation. Sub-clause (2) of
the said clause specifies the matters in respect of which such rules may be made.
These matters, inter alia, include-
(a) State-wise normative allocation for each financial year, based on
objective parameters under sub-section (5) of section 4; (b) manner and
procedure to bear the excess expenditure and its parameters under
sub-section (6) of section 4; (c) the composition, terms and conditions of
appointment, tenure and procedure of meeting under sub-section (3) of
section 12; (d) the detailed functions, responsibilities and modalities under
sub-section (4) of section 12; (e) terms and conditions of appointment of
officials of National Level Steering Committee under sub-section (2) of
section 14; (f) manner to redress the grievance under clause (d) of
sub-section (3) of section 17; (g) manner of conducting social audit by Gram
Sabha under sub-section (2) of section 20; (h) manner to bear the expenses of
Scheme under sub-section (3) of section 22; (i) objective parameters to
determine the State-wise normative allocation under sub-sections (4) of
section 22; (j) manner and procedure to bear the excess expenditure under
sub-section (5) of section 22; (k) other items under clause (c) of
sub-section (6) of section 22; (1) other items under clause (c) of
sub-section (7) of section 22; (m) expenditure towards unemployment
allowance and delay compensation under sub-section (8) of section 22;
(n) manner of payments of wages and unemployment allowances under
sub-section (4) of section 23; (o) social audit mechanism, and the adoption of
such other technology-enabled systems under clause (e) of section 24;
(p) manner to lay down the procedure for disposal of complaints under
sub-section (1) of section 25; (q) the manner of transfer and vesting under
sub-section (5) of section 37; (r) any other matter which is to be, or prescribed
or in respect of which provision is to be made by rules for carrying out the
provisions of this Act.
2. Sub-clause (1) of clause 34 of the Bill empowers the State Government to
make rules for carrying out the provisions of the Bill. Sub-clause (2) of the said
clause specifies the matters in respect of which such rules may be made. These
matters, inter alia, include
(a) terms and conditions of eligibility under sub-section (2) of
section 11; (b) terms, conditions, time, place and procedure of meeting and
quorum under sub-section (2) of section 13; (c) manner of maintaining proper
books and accounts under sub-section (2) of section 23; (h) form and manner
to maintain the accounts of the Scheme under sub-section (2) of section 26;
3. The matters in respect of which rules may be made are matters of procedure
or administrative detail and it is not practicable to provide for them in the Bill itself.
The delegation of legislative power is, therefore, of a normal character.
LOK SABHA
SECOND CORRIGENDA
to
VIKSIT BHARAT - GUARANTEE FOR ROZGAR AND AJEEVIKA MISSION (GRAMIN): VB-
GRAM G (विकसित भारत जी राम जी) BILL, 2025
[To be / As introduced in Lok Sabha]
1.
Page 22, in SCHEDULE I line 8,-
omit "under sub-section (2) of section 14"
2.
Page 22, in SCHEDULE I lines 15 and 16,-
3.
omit "While sanctioning estimates, the following shall be ensured."
Page 24, in SCHEDULE I lines 3 and 4,-
omit "This shall include."
NEW DELHI;
December 15, 2025
Agrahayana 24, 1947 (Saka)
LOK SABHA
CORRIGENDA
to
Viksit Bharat - Guarantee for Rozgar and Ajeevika Mission (Gramin): VB-G RAM G (विकसित भारत जी
राम जी) Bill, 2025
[To be / As introduced in Lok Sabha]
1.
Page (i), In Arrangement of Clauses,
against Clause 20,-
for "work"
read "works"
2.
Page 2, line 6,-
for "BILL"
read "ACT"
3.
Page 2, line 20,-
for "Grameen"
read "Gramin"
4.
Page 3, line 18,-
Omit "at the Block level"
5.
Page 3, line 25,-
for "section 8"
read "section 3"
6.
Page 6, line 39,-
for "employment"
read "unemployment"
7.
Page 7, line 4,-
for "called"
read "known as"
Ρ.Τ.Ο.
THE GAZETTE OF INDIA EXTRAORDINARY
8.
9.
Page 9, line 17,-
for "levels, facilitate"
read "levels, and facilitate"
Page 10, line 20,-
for "sub-section (1)"
read "sub-section (2)"
10. Page 13, line 39,-
for "may in"
read "may by rules provide for in"
11. Page 13, line 40,-
omit "prescribe"
12. Page 14, line 33,-
omit "I or Schedule II"
13. Page 14, line 34,-
omit "A copy of "
14. Page 14, line 35,-
omit "as soon as may be after it is made"
15. Page 15, omit lines 17 and 18
16. Page 15, line 19,-
for "(n)"
read "(m)"
Ρ.Τ.Ο.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
17. Page 15, line 21,-
for "(o)"
read "(n)"
18. Page 15, line 23,-
for "(p)"
read "(0)"
19. Page 15, line 25,-
for "(q)"
read "(p)"
20. Page 15, line 26,-
for "(r)"
read "(q)"
21. Page 15, after line 33,
insert "(b) the procedure for payment of unemployment allowance
under sub-section (b) of section11; "
22. Page 15, line 34,-
for "(b)"
read "(c)"
23. Page 15, after line 35,
insert "(d) expenditure towards unemployment allowance and delay
compensation under sub-section (8) of section 22;"
24. Page 15, line 36,-
for "(c)"
read "(e)"
25. Page 15, line 38,-
for "(d)"
read "(f)"
Ρ.Τ.Ο
THE GAZETTE OF INDIA EXTRAORDINARY
26. Page 15, after line 39,
insert "(g) any other matter which is to be, or prescribed or in respect
of which provision is to be made be the State Government, for
carrying out the provisions of this Act."
27. Page 17, line 13,-
for "BILL"
read "Act"
28. Page 18, line 36, omit "and"
29. Page 18, line 41, after 'Gramin;' insert "and"
NEW DELHI;
December 14, 2025
Agrahayana 23, 1947 (Saka)
LOK SABHA
BILL No. 195 OF 2025
A Bill further to amend the Insurance Act, 1938, the Life Insurance Corporation Act, 1956
and the Insurance Regulatory and Development Authority Act, 1999.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India
as follows:-
CHAPTER I
PRELIMINARY
Short title and
commencement.
1. (1) This Act may be called the Sabka Bima Sabki Raksha (Amendment of
Insurance Laws) Act, 2025.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
CHAPTER II
AMENDMENTS TO THE INSURANCE ACT, 1938
Construction of
references of
certain
expressions by
certain other
expressions.
Amendment of
section 2.
2. Throughout the Insurance Act, 1938 (hereafter in this Chapter referred to as
the principal Act), —
(a) for the words "business of insurance", wherever they occur, the
words "insurance business" shall be substituted;
(b) with respect to the term “insurer", wherever it occurs, for the
consequential terms, in respect of the same like "he, him or his", the words "it
or its" shall be substituted;
(c) for the words "intermediary or insurance intermediary", wherever
they occur, the words “insurance intermediary" shall be substituted.
3. In section 2 of the principal Act,-
(i) in clause (3), —
(a) in sub-clause (ii), for the words "or city improvement trust in
any presidency town;", the word "; and" shall be substituted;
(b) sub-clause (iv) shall be omitted;
(ii) in clause (44), for the words, brackets and figures "sub-section (1)
of section 5 of the Banking Companies Act, 1949", the words and figures
"section 5 of the Banking Regulation Act, 1949" shall be substituted;
(iii) in clause (5),—
(a) the words and figures "or a provident society as defined in
Part III" shall be omitted;
(b) for the words "or provident society", the words "or any person
authorised by it' shall be substituted;
(iv) after clause (5), the following clause shall be inserted, namely:—
'(5A) "class of insurance business" means the class of-
(a) life insurance business;
(b) general insurance business;
(c) health insurance business;
(d) re-insurance business; or
(e) such other class of insurance business as may be notified
by the Central Government in consultation with the Authority from
time to time;';
(v) for clause (6C), the following clauses shall be substituted,
namely:-
'(6C) "health insurance business" means the business of effecting
the contracts of insurance that provide sickness benefits or pay for
medical and health expenses and includes,—
(i) the personal accident insurance business of effecting the
contracts of insurance that provide for payment of money in the
event of death, disablement or hospitalisation arising out of an
accident; and
4 of 1938.
10 of 1949.
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[Part II-
(ii) the travel insurance business of effecting the contracts of
insurance that provide for sickness benefits or pay for medical and
health expenses or payment of money in the event of death,
disablement or hospitalisation arising out of an accident or for
losses suffered, in the course of travel;
(6D) "insurance business" means the business of effecting
insurance contracts and includes any other form of contract as may be
notified by the Central Government in consultation with the Authority
from time to time.
Explanation. In this clause, the expression “insurance contract"
means the contract whereby the insurer, on payment of premium,
undertakes to assume risk and to pay to the insured person an agreed
compensation for loss, damage or liability arising from a contingent event
on such terms and conditions and subject to such limitations as may be
agreed;';
(vi) for clause (7A), the following clause shall be substituted,
namely:-
'(74) "Indian insurance company" means an insurer which is a
company formed and registered under the Companies Act, 2013, as a
public company and whose sole purpose is to carry on life insurance
business or general insurance business or re-insurance business or health
insurance business ;';
(vii) for clause (8A), the following clause shall be substituted,
namely:-
'(8A) “insurance co-operative society" means an insurer being a
co-operative society formed and registered on or after the
commencement of the Insurance (Amendment) Act, 2002, as a
co-operative society under-
(a) the provisions of the Co-operative Societies Act, 1912;
(b) any other law for the time being in force in any State
relating to co-operative societies; or
(c) the provisions of the Multi-State Co-operative Societies
Act, 2002,
and whose sole purpose is to carry on life insurance business or general
insurance business or health insurance business in India ;';
(viii) for clause (9), the following clause shall be substituted, namely:-
'(9) “insurer" means a person who carries on insurance business;';
(ix) for clause (10B), the following clause shall be substituted,
namely:-
'(10B) “insurance intermediary" includes
(a) insurance brokers;
(b) re-insurance brokers;
(c) insurance consultants;
(d) corporate agents;
(e) third party administrator;
(f) surveyors and loss assessors;
18 of 2013.
42 of 2002.
2 of 1912.
39 of 2002.
THE GAZETTE OF INDIA EXTRAORDINARY
Amendment of
section 2C.
(g) managing general agents;
(h) insurance repositories; and
(i) such other entities, as may be notified by the Authority
from time to time;';
(x) in clause (13BA), for the word, figures and letters "section 10FB",
the word and figures "section 408" shall be substituted;
(xi) in clause (13BB), for the words, brackets, figures and letters
"sub-section (1) of section 10FR", the word and figures "section 410" shall be
substituted;
(xii) after clause (13BB), the following clause shall be inserted,
namely:-
'(13BC) "premium" means the amount paid or payable as
consideration to the insurer by the policy holder for a contract of
insurance;';
(xiii) after clause (14), the following clause shall be inserted,
namely:-
'(144) "principal officer" means an officer of an insurer,
authorised as such for the purposes of this Act;';
(xiv) in clause (16), for the word, brackets and figures "clause (72)", the
word, brackets and figures "clause (71)" shall be substituted.
4. In section 2C of the principal Act, -
(a) in sub-section (1), —
(i) in clause (b), after the words "relating to co-operative
societies", the words and figures "or the Multi-State Co-operative
Societies Act, 2002" shall be inserted;
(ii) after clause (b), the following clause shall be inserted,
namely:-
"(ba) a statutory body established by an Act of Parliament
for time being in force to carry on insurance business; or";
(iii) for clause (c), the following clause shall be substituted,
namely:-
"(c) a company or a body established or incorporated under
a law of any country outside India and engaged in re-insurance
business that establishes a branch in India for the purpose of
re-insurance business exclusively and includes Lloyd's established
under the Lloyd's Act, 1871 (United Kingdom) or any of its
Members:";
(iv) after the third proviso, the following proviso shall be inserted,
namely:-
"Provided also that no company or a body established or
incorporated under a law of any country outside India shall carry
on any class of insurance business, other than re-insurance:";
(v) in the fourth proviso, for the words, brackets and letter "an
insurer, being an Indian Insurance Company, insurance co-operative
society or, a body corporate referred to in clause (c) of this sub-section
carrying on the business of insurance", the words "that an insurer
carrying on insurance business" shall be substituted.
39 of 2002.
34 of 1871
(UK).
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
18 of 2013.
28 of 2005.
28 of 2005.
Amendment of
section 2CA.
Amendment of
section 3.
(b) after sub-section (3), the following sub-sections shall be inserted,
namely:-
“(4) No person other than an insurer shall use as part of its name
or in connection with its business any of the words “insurance",
"insurer", "assurance", "re-insurance", "insurance company" or any of
their derivatives and no person shall carry on the insurance business in
India unless it uses as part of its name at least one of such words, as may
be specified by the regulations.
(5) An insurance intermediary may only use the words
"insurance", "assurance", or "insurance company" to indicate the nature
of its organisation and services as an insurance intermediary, in
accordance with the regulations.
(6) An association of insurers or insurance intermediaries formed
for the protection of their mutual interests and registered under the
Companies Act, 2013 or any other applicable law may only use the
words "insurance", "assurance", or "insurance company" to indicate the
nature of its organisation, purposes and services, in accordance with the
regulations.".
5. In section 2CA of the principal Act, -
(i) in the marginal heading, after the words "Special Economic Zones",
the words "and International Financial Services Centres set up in Special
Economic Zones" shall be inserted;
(ii) for clauses (a) and (b), the following clauses shall be substituted,
namely:-
"(a) shall not apply to an insurer or insurance intermediary in any
Special Economic Zone including International Financial Services
Centres, set up under the provisions of the Special Economic Zones
Act, 2005;
(b) shall apply to the insurer or insurance intermediary in any
Special Economic Zone including International Financial Services
Centres, set up under the provisions of the Special Economic Zones
Act, 2005, with such exceptions, modifications and adaptations as may
be specified in the notification.".
6. In section 3 of the principal Act,—
(i) for sub-sections (2) and (2A), the following sub-sections shall be
substituted, namely:-
"(2) Every application for registration shall be in such form,
manner and be accompanied by such documents and by such fee as may
be specified by the regulations.
(24) On receipt of an application for registration under
sub-section (2), the Authority may, if satisfied after such inquiry as it
may deem necessary, that,—
(a) the financial condition and the general character of
management of the applicant are sound;
(b) the projected volume of business, the capital structure and
earning prospects of the applicant shall be adequate;
(c) the interest of the general public shall be served, if the
certificate of registration is granted to the applicant; and
THE GAZETTE OF INDIA EXTRAORDINARY
Insertion of new
section 3AA.
Foreign
investment in
equity.
Amendment of
section 6.
Amendment of
section 6A.
(d) the applicant has complied with the provisions of this
Act, as may be applicable and all other conditions as may be
specified by the Authority,
register the applicant as an insurer and grant it a certificate of
registration.";
(ii) in sub-section (3), for the words, brackets, letter and figures
"sub-clause (d) of clause (9) of section 2", the words, brackets, letters and
figures "clause (c) of sub-section (1) of section 2C" shall be substituted;
(iii) in sub-section (5C), the words, brackets, figures and letter "or has
had an application under sub-section (4) of section 3A accepted," shall be
omitted;
(iv) in sub-section (5D), for the word "Court", wherever it occurs, the
words "National Company Law Tribunal" shall be substituted.
7. After section 3A of the principal Act, the following section shall be inserted,
namely:-
"3AA. On and from the date of commencement of the Sabka Bima Sabki
Raksha (Amendment of Insurance Laws) Act, 2025, the aggregate holdings of
equity shares by foreign investors including portfolio investors in an Indian
insurance company may extend upto one hundred per cent. of the paid-up
equity capital and the foreign investment by such investors shall be subject to
such conditions and such manner as may be prescribed.
Explanation. For the removal of doubts, it is hereby clarified that the
foreign direct investment in an Indian insurance company may extend upto
one hundred per cent. to accelerate the growth in the insurance sector.".
8. In section 6 of the principal Act,-
(i) in sub-section (1), for the words, brackets, letter and figures
"sub-clause (d) of clause (9) of section 2", the words, brackets, letters and
figures "clause (c) of sub-section (1) of section 2C" shall be substituted;
(ii) for sub-section (2), the following sub-section shall be substituted,
namely:-
"(2) No insurer referred to in clause (c) of sub-section (1) of
section 2C, shall be registered unless it has net owned fund of not less
than one thousand crore rupees.".
9. In section 6A of the principal Act,-
(a) in sub-section (1), for the words "life insurance business or general
insurance business or health insurance business or re-insurance business", the
words "insurance business" shall be substituted;
(b) in sub-section (4), —
(i) for the words "life insurance business, general and health
insurance business and re-insurance business", the words "insurance
business" shall be substituted;
(ii) in clause (b), in sub-clause (iii), for the words "one per cent.",
the words "five per cent." shall be substituted;
(c) in sub-section (11), in clause (i), for the words, brackets and figures
"sub-sections (1), (3), (5) and (6)", the words, brackets and figures
"sub-sections (1) and (5)" shall be substituted.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
Amendment of
section 6B.
Amendment of
section 10.
Amendment of
section 11.
Insertion of new
section 12A.
Appointment of
Actuary by
insurer.
Amendment of
section 13.
Substitution of
new sections for
section 14.
Record of
policies and
claims.
10. In section 6B of the principal Act, in sub-section (1), for the words "life or
general or health insurance or re-insurance business", the words "insurance
business" shall be substituted.
11. In section 10 of the principal Act, in sub-section 2,-
(a) the words, brackets and figure "sub-section (1) of" shall be omitted;
(b) for the word "Controller", the word "Authority" shall be substituted;
(c) in the first proviso, the words, brackets and letter, "clause (a) of"
shall be omitted.
12. In section 11 of the principal Act, in sub-section (1), after the words
"a revenue account", the words "and other financial statements" shall be inserted.
13. After section 12 of the principal Act, the following section shall be
inserted, namely:—
"12A. The eligibility criteria and experience for appointment of an
Actuary by an insurer and the powers and functions of the Actuary shall be
such as may be specified by the regulations.".
14. In section 13 of the principal Act,-
(i) for the marginal heading, the following marginal heading shall be
substituted, namely:-
"Actuary report.";
(ii) for sub-sections (1) and (2), the following sub-sections shall be
substituted, namely:-
"(1) In every financial year, every insurer shall cause an
investigation to be made by an Actuary into the financial condition of
the business carried on by it including a valuation of its liabilities in
respect thereto and shall cause a report of such Actuary to be made for
such purpose and in such manner as may be specified by the regulations.
(1A) The Authority may, having regard to the circumstances of any
particular insurer, allow the insurer to have the investigation made at a
date not later than two years from the date at which the previous
investigation was made.
(2) The provisions of sub-section (1) regarding the making of a
report shall apply to an investigation into the financial condition of the
insurer made with a view to the distribution of profits or an investigation
made for any such purpose as the Authority may determine.";
(iii) in sub-sections (3) and (4), for the word "abstract", the word
"report" shall be substituted;
(iv) sub-section (6) shall be omitted.
15. For section 14 of the principal Act, the following sections shall be
substituted, namely:-
"14. (1) Every insurer, in respect of all business transacted by him, shall
maintain-
(a) a complete record of policies which shall contain all details of
the policy application, policy contract and other relevant and connected
information including,-
THE GAZETTE OF INDIA EXTRAORDINARY
Processing of
information of
policyholders
by insurers or
other regulated
entities of
Authority.
(i) in respect of every policy issued by the insurer to an
individual, the name, date of birth, address and (where available)
email address of the policyholder, Aadhaar number or Permanent
Account Number or such other identification number issued by
any Central Authority for the purpose of unique identification of
the individual, the date when the policy was effected and a record
of any transfer, assignment or nomination of which the insurer has
notice and any other information which the Authority shall specify
from time to time;
(ii) in respect of every policy issued by the insurer
to any entity, the name, date of incorporation, address and email
address, registration number or Permanent Account Number or
such other identification number issued by any Central
Authority for the purpose of unique identification of such entity,
the date when the policy was effected and a record of any
transfer, assignment or nomination of which the insurer has notice
and any other information which the Authority shall specify from
time to time;
(b) a record of claims, every claim made together with the date of
the claim, the name and address of the claimant and the date on which
the claim was discharged, or, in the case of a claim which is rejected, the
date of rejection and the grounds thereof; and
(c) a record of policies and claims in accordance with
clauses (a) and (b) may be maintained in such form, including electronic
mode, as may be specified by the regulations.
(2) Every insurer shall, in respect of all business transacted by him,
endeavour to issue policies above a specified threshold in terms of sum assured
and premium in electronic form, in such manner and form as may be specified
by the regulations.
(3) Every insurer shall on a concurrent basis, submit to the Authority or
any entity regulated and authorised by the Authority, the record of policies as
stated in clauses (a), (b) and (c) of sub-section (1) in the manner and the details
as may be specified by the regulations.
14A. (1) The Authority may direct the insurers or other regulated entities
of the Authority to process the Know Your Customer (KYC) information of
the policyholders and the information and documents processed during the
solicitation or subsequently, shall be in such form and manner, as may be
specified by the regulations for the purposes of this Act and any other law for
the time being in force.
(2) The processing of the Know Your Customer (KYC) information of
the policyholder and the information and documents processed during the
solicitation or subsequently by the insurers or other regulated entities of the
Authority shall be deemed to be valid for the performance of their functions
under this Act or any other law for the time being in force.
(3) The insurers or the other regulated entities of the Authority shall use
the Know Your Customer (KYC) information of the policyholder and the
information and documents processed during the solicitation or subsequently
received in this section solely for the efficient discharge of its duties under
this Act.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
Accuracy and
security of
information of
policyholders.
Confidentiality
of information of
policyholders.
Substitution of
new section for
section 15.
Submission of
returns.
Amendment of
section 21.
Amendment of
section 22.
Amendment of
section 26.
Substitution of
new section for
section 27.
Investment of
assets.
14B. An insurer or other regulated entities of the Authority in possession
or control of information of the policyholders, shall take such steps, as may be
specified by the regulations, to ensure that the information of the policyholders
maintained by such insurers or other regulated entities is accurate, complete
and updated in all respects, secure and duly protected against any loss or
unauthorised access or use, or unauthorised disclosure thereof.
14C. (1) Subject to any other law for the time being in force, insurers
and other regulated entities of the Authority shall ensure that the Know Your
Customer (KYC) information of the policyholders and the information and
documents processed during the solicitation or subsequently during all times
are maintained with utmost confidentiality and would be comprehensively
protected.
(2) Subject to sub-section (1), the said information shall not be parted or
shared with any third party, except, —
(a) where disclosure is compulsory in law;
(b) where there is duty to the public to disclose; or
(c) where the disclosure is made with the express consent of the
customer.".
16. For section 15 of the principal Act, the following section shall be
substituted, namely:—
"15. The audited accounts and statements referred to in section 11 or
sub-section (5) of section 13 and the statement referred to in section 13 shall
be furnished to the Authority in such form and manner as may be specified by
the regulations within a period of six months from the end of the period to
which they refer.".
17. In section 21 of the principal Act, in sub-section (1), in clause (d), the
words, figures and letters "or section 28A or section 28B" shall be omitted.
18. In section 22 of the principal Act, in sub-section (2), the words, brackets
and figures "of sub-sections (1) and (2) of shall be omitted.
19. In section 26 of the principal Act, the words, brackets and letter "referred
to, and, where the alteration affects the assured rates, advantages, terms and
conditions offered in connection with life insurance policies the actuarial certificate
referred to in clause (f) of the said sub-section shall accompany the particulars of
the alteration" occurring at the end, shall be omitted.
20. For section 27 of the principal Act, the following section shall be
substituted, namely:-
'27. (1) Every insurer shall, in order to meet its liabilities, invest and at
all times keep invested assets of value not less than that of the liabilities in the
following manner, namely:—
(a) in case of an insurer carrying on life insurance business-
(i) twenty-five per cent. of the said assets in Government
securities;
(ii) a further sum equal to not less than twenty-five per cent.
of the said sum in Government securities or other approved
securities; and
THE GAZETTE OF INDIA EXTRAORDINARY
(iii) the balance, in any of such approved investments, with
such limitations, conditions and restrictions as may be specified by
the regulations;
(b) in the case of an insurer carrying on insurance business, other
than life insurance business-
(i) twenty per cent. of the said assets in Government
securities;
(ii) a further sum equal to not less than ten per cent. of the said
sum in Government securities or other approved securities; and
(iii) the balance, in any of such approved investments, with
such limitations, conditions and restrictions as may be specified by
the regulations:
Provided that an insurer may, subject to such conditions as
may be specified by the regulations, invest or keep invested any
part of its controlled funds or assets otherwise than in approved
investments, if such investments do not exceed fifteen per cent. of
the assets referred to in this sub-section.
(2) The investment of the whole or any part of the assets of the insurer
shall be subject to-
(a) the condition that the assets referred to in sub-section (1) shall
be held free of any encumbrance, charge, hypothecation or lien; and
(b) such limitations and conditions as may be specified by the
regulations:
Provided that nothing contained in this sub-section shall apply to
a repo or a reverse repo transaction or a Government securities lending
transaction undertaken in terms of the Reserve Bank of India Act, 1934
or directions issued thereunder.
(3) Subject to such terms and conditions as may be specified by the
regulations, an insurer may invest not more than five per cent. of the assets
referred to in sub-section (1), by value, in a company or other body corporate
which is owned or controlled by the promoters.
(4) Nothing contained in this section shall be deemed to affect in any
way, the manner in which any money relating to the provident fund of any
employee or to any security taken from any employee or other moneys of a
like nature are required to be held by or under any Central Act or State Act for
the time being in force.
(5) The assets being invested by an insurer incorporated or domiciled
outside India, except to the extent of any part thereof which consists of foreign
assets held outside India, shall be held in India and in the trust for the discharge
of the liabilities and shall be vested in trustees resident in India and approved
by the Authority, and the instrument of such trust shall be executed by the
insurer, with the approval of the Authority, in such manner as may be specified
by the regulations.
(6) The Authority may, either generally or in any particular case, direct
that any investment shall, subject to such conditions as may be imposed, be
taken into account, in such manner as may be specified by the regulation, in
computing the assets referred to in sub-section (1), and where any direction
has been issued under this sub-section, the copies thereof shall be laid before
each House of Parliament as soon as may be after it is issued.
2 of 1934.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
(7) If, at any time, the Authority considers any one or more of the
investments of an insurer to be unsuitable or undesirable, the Authority may,
after giving the insurer an opportunity of being heard, direct it to realise the
investment or investments, and the insurer shall comply with the direction
within such time as may be specified by the regulations.
(8) Without prejudice to anything contained in this section, the Authority
may, in the interest of the policyholders, specify by the regulations, the time,
manner and other conditions of investment of assets to be held by an insurer
for the purposes of this Act.
(9) The Authority may give specific directions for the time, manner and
other conditions subject to which the funds of policyholders shall be invested
in the infrastructure and social sector, as may be specified by the regulations.
(10) The Authority may, after taking into account the nature of business
and to protect the interest of the policyholders, issue to an insurer the
directions relating to the time, manner and other conditions of investment of
assets to be held by it:
Provided that no direction under this sub-section shall be issued unless
the insurer concerned has been given an opportunity of being heard.
Explanation. For the purposes of this section, the expressions—
(i) "assets" means all the assets of insurer at their carrying value
but does not include any assets specifically held against any fund or
portion thereof in respect of which the Authority is satisfied that such
fund or portion thereof, as the case may be, is regulated by the law of
any country outside India or miscellaneous expenditure or in respect of
which the Authority is satisfied that it would not be in the interest of the
insurer to apply the provisions of this section;
(ii) "controlled", in relation to a company or other body corporate,
means the right to appoint majority of its directors or to control its
management or policy decisions exercisable by the promoters acting
individually or in concert, directly or indirectly, including by virtue of
shareholding or management rights or shareholders agreements or
voting agreements;
(iii) "controlled funds" mean,-
(a) in the case of any insurer carrying on life insurance
business-
(i) all its funds, if it carries on no other class of
insurance business;
(ii) all the funds in India appertaining to life insurance
business if it carries on some other class of insurance
business also:
Provided that the fund referred to in sub-clause (a)
shall not include any fund or portion thereof in respect of
which the Authority is satisfied that such fund or portion, as
the case may be, is regulated by the law in force of any
country outside India or it would not be in the interest of the
insurer to apply the provisions of this section;
(b) in the case of any other insurer carrying on life insurance
business-
(i) all its funds in India, if it carries on no other class of
insurance business;
THE GAZETTE OF INDIA EXTRAORDINARY
Omission of
sections 27A,
27B, 27C and
27D.
Amendment of
section 30.
Amendment of
section 31.
Amendment of
section 31A.
Substitution of
new section for
section 32A.
Prohibition of
common officers
and requirement
as to whole-time
officers.
(ii) all the funds in India appertaining to life
insurance business, if it carries on some other class of insurance
business also, but does not include any fund or portion thereof
in respect of which the Authority is satisfied that such fund or
portion thereof, as the case may be, is regulated by the law in
force of any country outside India or in respect of which the
Authority is satisfied that it would not be in the interest of the
insurer to apply the provisions of this section;
(iv) "liabilities" means the net liabilities of the insurer to the
holders of policies;
(v) "owned", in relation to a company, means the holding of more
than fifty per cent. of its paid-up share capital by the promoters, and
includes a subsidiary company of such a company; and
(vi) "promoter" means a person-
(a) who has been named as such in a prospectus inviting offers
from the public for the subscription or purchase of any securities of
an insurer, or is identified as such by the insurer in its annual returns
filed with the person having the duty of registering companies;
(b) who has control over the affairs of the insurer, directly or
indirectly whether as a shareholder, director or otherwise; or
(c) in accordance with whose advice, directions or
instructions, the board of directors of the insurer is accustomed to
act but shall not apply to a person who is acting merely in a
professional capacity.'.
21. Sections 27A, 27B, 27C and 27D of the principal Act shall be omitted.
22. In section 30 of the principal Act, the figures and letters "27A, 27B, 27C,
27D", occurring at both the places, shall be omitted.
23. In section 31 of the principal Act, in sub-section (1), for the word, brackets
and figure "sub-section (7)", the word, brackets and figure "sub-section (5)" shall
be substituted.
24. In section 31A of the principal Act, in sub-section (1), for the portion
beginning with "no insurer shall after expiry of one year" and ending with "in
respect of the general insurance business of the insurer:", the following shall be
substituted, namely:-
"no insurer shall, after expiry of one year from the date of
commencement of the Sabka Bima Sabki Raksha (Amendment of Insurance
Laws) Act, 2025, be directed or managed by a company or a firm or employ
as manager or officer or in any capacity, any person whose remuneration or
any part thereof is in the form of commission or bonus or a share in the
valuation surplus:".
25. For section 32A of the principal Act, the following section shall be
substituted, namely:-
"32A. (1) A Director or officer of an insurer shall not be a Director or
officer of any other insurer carrying on the same class of insurance business
or of a Banking company or of an investment company.
(2) The Authority may, for such period, to such extent and subject to such
conditions as may be specified by the regulations, exempt from the operation of
this section, two or more such entities, for the purpose of facilitating their
amalgamation or the transfer of business of one insurer to another.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
Amendment of
section 32B.
Amendment of
section 32C.
Amendment of
section 33.
Amendment of
section 33A.
Amendment of
section 34.
Amendment of
section 34A.
Amendment of
section 34H.
(3) The provisions of sub-section (1) shall not apply to a Director
nominated by the Central Government.".
26. In section 32B of the principal Act, for the words "life insurance business
and general insurance business", the words "insurance business" shall be
substituted.
27. In section 32C of the principal Act, for the words "life insurance or general
insurance", the word "insurance" shall be substituted.
28. In section 33 of the principal Act, in sub-section (6), in clause (a), after the
word "insurer", the words "or insurance intermediary" shall be inserted.
29. In section 33A of the principal Act,—
(i) for the words "at it or he", the words "as it" shall be substituted;
(ii) after the word "insurers", the words "or insurance intermediaries"
shall be inserted.
30. In section 34 of the principal Act, for sub-section (1), the following
sub-section shall be substituted, namely:—
"(1) Where the Authority is satisfied that it is necessary or expedient,-
(a) in the public interest;
(b) to prevent the affairs of an insurer or insurance intermediary
being conducted in a manner detrimental to the interests of the
policyholders or in a manner prejudicial to the interests of the insurer or
insurance intermediary; or
(c) to secure the proper management of an insurer or insurance
intermediary,
it may issue such directions as it deems fit, to insurer or insurance intermediary
generally or in particular, including directions of disgorgement and such
insurer or insurance intermediary shall comply with such directions:
Provided that no such directions shall be issued to any insurer or
insurance intermediary in particular unless such insurer or insurance
intermediary has been given an opportunity of being heard.
Explanation. For the removal of doubts, it is hereby clarified that the
power to issue directions under this section shall include and always be
deemed to have included the power to direct any person, who made profit or
averted loss by indulging in any transaction or activity in contravention of the
provisions of this Act and the Insurance Regulatory and Development
Authority Act, 1999 and rules or regulations made thereunder, to disgorge an
amount equivalent to the wrongful gain made or loss averted by such
contravention.".
31. In section 34A of the principal Act, for sub-section (2), the following
sub-section shall be substituted, namely:-
"(2) Nothing contained in sections 196, 197 and 203 of the Companies
Act, 2013 shall apply to any matter in respect of which the approval of the
Authority is to be obtained under sub-section (1).".
32. In section 34H of the principal Act, in sub-section (1), —
(i) in clause (a), for the word, brackets and figure "sub-section (2)", the
word, brackets and figure "sub-section (3)" shall be substituted;
(ii) in clause (b), for the word, brackets, figure and letter "sub-section (1A)",
the word, brackets and figure "sub-section (2)" shall be substituted;
(iii) for clause (c), the following clause shall be substituted, namely:-
41 of 1999.
18 of 2013.
THE GAZETTE OF INDIA EXTRAORDINARY
Amendment of
section 35.
Amendment of
section 37.
Amendment of
section 37A.
Amendment of
section 40.
"(c) a contravention of any provision of this Act or the Insurance
Regulatory and Development Authority Act, 1999 has been committed
or is likely to be committed by an insurer or insurance intermediary; or";
(iv) in clauses (f) and (g), after the word “insurer", occurring at both the
places, the words "or insurance intermediary" shall be inserted.
33. In section 35 of the principal Act,-
(a) for sub-section (1), the following sub-section shall be substituted,
namely:-
"(1) Notwithstanding anything contained in any other law for the
time being in force, no insurance business of an insurer or non-insurance
business of any company, shall be transferred to or amalgamated with the
insurance business of any other insurer except in accordance with a
scheme prepared under this section and approved by the Authority, subject
to the transferee insurer complying with the provisions of this Act at all
times and any other conditions as may be specified by the regulations.";
(b) in sub-section (3), —
(i) in clause (b), for the words “insurance business of each of the
insurers", the words "business of each of the entities" shall be substituted;
(ii) in clause (c), the word "life" shall be omitted;
(iii) in clause (e), after the words "was founded", the words "or any
other document as may be required by the Authority" shall be inserted;
(iv) in the proviso,—
(A) for the word "insurer", the word "party" shall be
substituted;
(B) for the words and figures "or sections 7 and 8 of the
Indian Life Assurance Companies Act, 1912", the words "or any
other applicable law" shall be substituted;
(c) after sub-section (3), the following sub-section shall be inserted,
namely:-
"(4) Without prejudice to anything contained in sections 35, 36,
37, or 37A, the Authority may specify by regulations, the manner,
procedure and other conditions for a scheme of arrangement or
amalgamation or transfer of business for the purposes of this Act.".
34. In section 37 of the principal Act, -
(a) for the words "two or more insurers", the words "two or more
entities" shall be substituted;
(b) in clause (c), in sub-clause (i), for the portion beginning with “insurance
business of each of the insurer concerned" and ending with "Part-I of that
Schedule", the words "business of each of the entities concerned in such
amalgamation or transfer, prepared in accordance with the regulations" shall be
substituted.
35. In section 37A of the principal Act, in sub-section (2), in the second
proviso, for the word "Controller", the word "Authority" shall be substituted.
36. In section 40 of the principal Act, after sub-section (2), the following
sub-section shall be inserted, namely:-
"(24) Without prejudice to anything contained in this section, the Authority
may in the interest of the policyholders, specify by the regulations, the limits of
any commission, remuneration or reward in any form payable to an insurance
agent or an insurance intermediary, the manner of such payment, the manner of
disclosures required and such other matters related to insurance agents or
insurance intermediaries as may be necessary, for the purposes of this Act.".
41 of 1999.
6 of 1912.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
Amendment of
section 40B.
Amendment of
section 40C.
Amendment of
section 41.
Amendment of
section 42D.
37. In section 40B of the principal Act, in the marginal heading, the word
"life" shall be omitted.
38. In section 40C of the principal Act, for the marginal heading, the following
marginal heading shall be substituted, namely:-
"Furnishing details of expenses of management by the insurer.".
39. In section 41 of the principal Act, in sub-section (1), in the proviso, for the
words "a policy of life insurance taken out by himself on his own life", the words
"a policy of any class of insurance business taken out by himself in relation to risks
associated with his own life, health or property" shall be substituted.
40. In section 42D of the principal Act,-
(i) in sub-section (2), after the words "insurance intermediary.", the
words "A person shall not begin to carry on or act as an insurance
intermediary, unless he or it obtains a certificate of registration for the same
from the Authority." shall be inserted;
(ii) for sub-sections (3) and (4), the following sub-sections shall be
substituted, namely:—
"(3) Every application for registration as an insurance intermediary
shall be in such form and manner and be accompanied by such
documents and fee as may be specified by the regulations.
(4) No application for the renewal of a registration under this
section shall be entertained, if the application does not reach the issuing
authority before the registration ceases to remain in force:
Provided that the Authority may, if satisfied that undue hardship
would be caused otherwise, accept any application on payment of late
fee of seven hundred and fifty rupees.
(4A) A registration made under this section shall remain in force
subject to payment of such annual fee as may be specified by the
regulations, until such registration is suspended or cancelled by the
Authority, in accordance with such procedure as may be specified by it
and the conditions referred to in sub-section (6).";
(iii) for sub-sections (6), (7) and (8), the following sub-sections shall be
substituted, namely:—
"(6) The Authority may suspend or cancel the registration of an
insurance intermediary, if such insurance intermediary-
(i) contravenes any provision of this Act or the Insurance
Regulatory and Development Authority Act, 1999 or the rules or
regulations made thereunder or makes a default in complying with
any direction issued or order made;
(ii) makes a default in complying with, or acts in
contravention of, any requirement of the Companies Act, 2013 or
the General Insurance Business (Nationalisation) Act, 1972 or the
Life Insurance Corporation Act, 1956 or the Foreign Exchange
Management Act, 1999 or the Prevention of Money Laundering
Act, 2002;
(iii) is convicted for an offence under any law for the time
being in force;
4 of 1999.
18 of 2013.
5 of 1972.
3 of 1956.
42 of 1999.
15 of 2002.
THE GAZETTE OF INDIA EXTRAORDINARY
Amendment of
section 47.
Amendment of
section 48B.
Amendment of
section 49.
Amendment of
section 51.
Amendment of
section 52A.
(iv) having its holding company or a joint venture partner
having its principal place of business in a country outside India
that has been debarred by law or practice of such country to carry
on insurance intermediary business;
(v) fails to pay the annual fee required under
sub-section (4A);
(vi) being a co-operative society set up under the respective
State laws or, as the case may be, the Multi-State Co-operative
Societies Act, 2002, contravenes the provisions of law as may be
applicable to the insurance intermediary;
(vii) no longer meets the requirements or is disqualified as
per sub-section (5); or
(viii) makes any other default or contravention, as may be
specified by the regulations.
(7) The manner of suspension or cancellation of registration of an
insurance intermediary shall be such as may be specified by the
regulations.
(8) The Authority may issue a duplicate certificate of registration
to replace a registration certificate which was lost, destroyed or
mutilated, or in any other case where the Authority is of opinion that the
issue of duplicate certificate is necessary, it may issue the same on
payment of such fee as may be specified by the regulations.";
(iv) sub-section (9) shall be omitted.
41. In section 47 of the principal Act, in sub-section (1), —
(i) for the words "life insurance maturing", the words "insurance due"
shall be substituted;
(ii) for the words "title to the amount secured thereby or for any other
adequate reason", the words "entitlement to receive the due payment" shall be
substituted.
42. In section 48B of the principal Act, in sub-section (1), for the words,
brackets, letter and figures "sub-clause (b) of clause (9) of section 2", the words,
brackets, letters and figures "clause (ba) of sub-section (1) of section 2C" shall be
substituted.
43. In section 49 of the principal Act, in sub-section (1), —
(i) for the words and figures "business of life insurance or any other class
or sub-class of insurance business to which section 13 applies", the words
"insurance business" shall be substituted;
(ii) for the words "the fund of such other class", the words "the fund of
the other class" shall be substituted;
(iii) for the words and figures "abstract referred to in section 15", the
words and figures "report referred to in section 15" shall be substituted.
44. In section 51 of the principal Act, for the words "not exceeding one rupee",
the words "of one rupee per page, subject to a maximum fee of two hundred and
fifty rupees" shall be substituted.
45. In section 52A of the principal Act,—
(i) for the marginal heading, the following marginal heading shall be
substituted, namely:—
"When Board of Directors and the like, superseded and
Administrator for management of insurance business may be
appointed.";
39 of 2002.
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[Part II-
(ii) for sub-section (1), the following sub-section shall be substituted,
namely:-
"(1) If at any time the Authority has reason to believe that an
insurer carrying on insurance business is acting in a manner likely to be
prejudicial to the interest of its policyholders, it may, for reasons to be
recorded in writing and after giving the insurer an opportunity of being
heard, by order in writing, supersede the Board of directors or such other
management or governing or executive committee of such insurer, and
appoint an Administrator to manage the affairs of the insurer, under the
direction and control of the Authority for such period not exceeding one
year.
(1A) The Authority may, for reasons to be recorded in writing,
extend the period referred to in sub-section (1) from time to time.".
Amendment of
section 55.
Amendment of
section 61A.
Amendment of
section 64.
Amendment of
section 64F.
46. In section 55 of the principal Act, in sub-section (3), for the word and
figures "section 643", the word and figures “section 468" shall be substituted.
47. In section 61A of the principal Act, after sub-section (6), the following
sub-section shall be inserted, namely:-
"(7) Where the appeal filed before the National Company Law Appellate
Tribunal under sub-section (1) is not disposed of within the said period of six
months, the Appellate Tribunal shall record its reasons in writing therefor.".
48. In section 64 of the principal Act, for the words "on or before the last day
of January in every calendar year", the words "within such time as may be
determined by the Authority" shall be substituted.
49. In section 64F of the principal Act, -
(i) in sub-section (1), —
(a) in clause (a), for the word "four", the word "seven" shall be
substituted;
(b) in clause (b), for the words "an eminent person", the words
"two eminent persons" shall be substituted;
(c) after clause (c), the following clause shall be inserted,
namely:-
"(ca) two persons nominated by the Central Government;";
(ii) in sub-section (2), —
(a) in clause (a), for the word "four", the word "seven" shall be
substituted;
(b) for clauses (b) and (c), the following clauses shall be
substituted, namely:—
"(b) two eminent persons not connected with insurance
business, nominated by the Authority;
(c) three representatives from among insurance agents,
insurance intermediaries and policyholders as may be nominated
by the Authority;
(d) one representative each from self-help groups and
insurance co-operative societies as may be nominated by the
Authority; and
(e) two persons nominated by the Central Government:".
THE GAZETTE OF INDIA EXTRAORDINARY
Amendment of
section 64G.
Amendment of
section 64H.
Amendment of
section 64K.
Amendment of
section 64L.
Amendment of
section 64M.
Amendment of
section 64R.
Omission of
section 64ULA.
Amendment of
section 64VB.
Amendment of
section 101A.
Substitution of
new section for
section 102.
Penalty for
default in
complying with,
or act in
contravention of,
this Act or
Insurance
Regulatory and
Development
Authority Act,
1999.
50. In section 64G of the principal Act, in sub-section (1), for the word
"Chairman", the word "Chairperson" shall be substituted.
51. In section 64H of the principal Act, in sub-section (2), for the words
"General Council", the words "General Insurance Council" shall be substituted.
52. In section 64K of the principal Act,—
(i) in sub-section (1), the words, brackets and figure "the proviso to
sub-section (2) of shall be omitted;
(ii) in sub-section (4), the words, brackets and figures "sub-sections (1)
and (2) of shall be omitted; and the words, brackets and figures "or, as the
case may be, of sub-section (2) of section 16" shall be omitted.
53. In section 64L of the principal Act,—
(i) in sub-section (1),—
(a) in clause (a), after the words "general insurance business", the
words ", health insurance business and re-insurance business" shall be
inserted;
(b) in clause (c), after the words "general insurance policies", the
words ", health insurance policies and re-insurance policies" shall be
inserted;
(ii) for sub-section (2), the following sub-section shall be substituted,
namely:-
"(2) For the purpose of enabling it to effectively discharge its
functions, the Executive Committee of the General Insurance Council
may collect such fees as may be laid down in the bye-laws made by the
General Insurance Council from the insurers carrying on general
insurance business or health insurance business or re-insurance
business.".
54. In section 64M of the principal Act, in sub-section (1), the words, brackets
and figure "the proviso to sub-section (1) of" shall be omitted.
55. In section 64R of the principal Act, in sub-section (1), in clause (b), for the
words "any prescribed fee", the words "fee, as laid down in the bye-laws made by
the Life Insurance Council and General Insurance Council" shall be substituted.
56. Section 64ULA of the principal Act shall be omitted.
57. In section 64VB of the principal Act, in sub-section (2), in the
Explanation,—
(i) after the word "post", the words "or by any online mode" shall be
inserted;
(ii) after the word "posted", the words "or the money is received in
insurer's bank account" shall be inserted.
58. In section 101A of the principal Act, in sub-section (1), after the words
"Indian re-insurers", the words "a minimum of" shall be inserted.
59. For section 102 of the principal Act, the following section shall be
substituted, namely:-
"102. If any insurer or insurance intermediary, who is required under
this Act or the Insurance Regulatory and Development Authority Act, 1999,
or rules or regulations made thereunder fails to,—
(a) furnish any document, statement, account, return or report to
the Authority; or
(b) comply with the directions of the Authority; or
(c) maintain solvency margin; or
41 of 1999.
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[Part II-
41 of 1999.
41 of 1999.
Amendment of
section 104.
Insertion of new
section 105BA.
Penalty for
contravention of
section 42D.
Amendment of
section 105C.
Insertion of new
section 105E.
Factors to be
taken into
account before
imposing
penalty.
(d) comply with the directions on the insurance treaties,
he or it shall be liable to a penalty which shall be up to one lakh rupees for
each day during which such failure continues subject to a maximum of ten
crore rupees.
60. In section 104 of the principal Act, -
(i) in the marginal heading, the figures and letters ", 27A, 27B, 27D"
shall be omitted;
(ii) the words, figures and letters ", section 27A, section 27B,
section 27D" shall be omitted.
61. After section 105B of the principal Act, the following section shall be
inserted, namely:-
"105BA. (1) If any person who acts as an insurance intermediary without
being registered under section 42D to act as such, he shall be liable to a penalty
which shall not be less than one lakh rupees, but may extend to ten lakh rupees
and any person who appoints as an insurance intermediary or any person not
registered to act as such or transacts any insurance business in India through
any such person, shall be liable to a penalty which shall not be less than ten
lakh rupees, but may extend to one crore rupees.
(2) Where the person contravening the provisions of sub-section (1) is a
company or firm, then, without prejudice to any other proceedings which may
be taken against the company or firm, every director, manager, secretary or
other officer of the company and every partner of the firm, who is knowingly
a party to such contravention shall be liable to a penalty which shall not be
less than one lakh rupees, but may extend to ten lakh rupees.".
62. In section 105C of the principal Act, in sub-section (1), for the words,
brackets, figures and letters "sub-sections (8) and (9) of section 42D, section 52F
and section 105B", the words, figures and letters "section 52F, section 105B and
section 105BA" shall be substituted.
63. After section 105D of the principal Act, the following section shall be
inserted, namely:-
"105E. (1) While determining the penalty to be imposed under the
provisions of this Act or the Insurance Regulatory and Development Authority
Act, 1999 or rules or regulations made thereunder, the Authority shall have
regard to the following factors, namely:-
(a) the nature, gravity and duration of the default;
(b) the repetitive nature of the default;
(c) the disproportionate gain or unfair advantage, wherever
quantifiable, made as a result of the default;
(d) the loss caused to the policyholders as a result of the default;
(e) the action taken by the person to mitigate the effects and
consequences of the default, and the timeliness and effectiveness of such
action;
(f) the number of policyholders impacted by such default;
(g) whether the penalty to be imposed is proportionate, having
regard to the need to secure observance of and deter breach of the
provisions of this Act, the Insurance Regulatory and Development
Authority Act, 1999 and rules and regulations thereunder; and
THE GAZETTE OF INDIA EXTRAORDINARY
Amendment of
section 106.
Amendment of
section 110B.
Substitution of
new section for
section 110F.
Provisions
applicable to
State
Governments,
and the like.
Amendment of
section 114.
Amendment of
section 114A.
(h) such other factors as may be deemed appropriate by the
Authority:
Provided that before imposing any penalty, the person shall be given an
opportunity of being heard.
(2) A brief of such penal action shall be disclosed in the form of press
release on the website of the Authority within a period of thirty days.
(3) The manner and procedure for imposing penalties may be such as
specified by the regulations.".
64. In section 106 of the principal Act, -
(a) in sub-section (11), for the word and figures "section 237", the word
and figures "section 213" shall be substituted;
(b) sub-section (12) shall be omitted.
65. In section 110B of the principal Act, the words, brackets and figures
"under sub-section (1) of section 42" shall be omitted.
66. For section 110F of the principal Act, the following section shall be
substituted, namely:-
"110F. Notwithstanding any exemption granted under section 118, the
provisions of sections 3, 3A, 33, 34, clause (a) of section 34E, 34F, 40C, 44A,
64UM, 64V, 64VA, 64VB, 64VC, 101A, 101C and 110D, shall also apply, so
far as may be, to and in relation to the general insurance business carried on
by a State Government or a Government company as defined in clause (45) of
section 2 of the Companies Act, 2013.".
67. In section 114 of the principal Act, —
(i) in sub-section (2), —
(a) for clause (aaa), the following clause shall be substituted,
namely:-
"(aaa) the conditions and manner of foreign investment
under section 3AA;";
(b) clauses (d), (h), (i), (j) and (1) shall be omitted;
(ii) sub-section (4) shall be omitted.
68. In section 114A of the principal Act,—
(a) for sub-section (1), the following sub-section shall be substituted,
namely:-
"(1) The Authority may, by notification, make regulations
consistent with the provisions of this Act and the rules made thereunder,
to carry out the purposes of this Act and while making the regulations
shall ensure transparency by—
(a) publishing draft regulations along with such other details
on its website for inviting public comments for a specified period
prior to issuing such regulations;
(b) publishing a general statement of its response to the
public comments not later than the date of notification of the
regulations; and
(c) periodically reviewing such regulations:
18 of 2013.
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[Part II-
Provided that if the Authority is of the opinion that certain
regulations are required to be made or existing regulations are to be
amended urgently in the public interest or the subject matter of the
regulation relates solely to the internal functioning of the Authority, it
may dispense with the condition of publishing draft regulations and
record the reasons for doing so:
Provided further that if the Authority considers to approve the
regulations in a form substantially different from the proposed
regulations other than changes made in consideration of comments
received by it, it shall repeat the process mentioned in this sub-section.".
THE GAZETTE OF INDIA EXTRAORDINARY
CHAPTER III
AMENDMENTS TO THE LIFE INSURANCE CORPORATION ACT, 1956
Amendment of
section 2.
Amendment of
section 6A.
Amendment of
section 18.
Amendment of
section 22.
Amendment of
section 24.
Amendment of
section 28.
Amendment of
section 30A.
Amendment of
section 43.
Amendment of
section 44.
Amendment of
section 48.
77. In section 2 of the Life Insurance Corporation Act, 1956 (hereafter in this
Chapter referred to as the Insurance Corporation Act),—
(i) in clause (3), sub-clause (iii) shall be omitted;
(ii) in clause (6), the words and figures "and a provident society as
defined in section 65 of the Insurance Act" shall be omitted.
78. In section 6A of the Insurance Corporation Act, in sub-section (2), for the
words and figures “Companies Act, 1956", the words and figures “Companies
Act, 2013" shall be substituted.
79. In section 18 of the Insurance Corporation Act, for sub-section (2), the
following sub-section shall be substituted, namely:—
"(2) The Corporation shall establish zonal offices at Mumbai, Kolkata,
Delhi, Kanpur and Chennai, and may establish such other zonal offices as it
thinks fit.".
80. In section 22 of the Insurance Corporation Act, in sub-section (3), the
words "in the prescribed manner" shall be omitted.
81. In section 24 of the Insurance Corporation Act, after sub-section (2), the
following sub-section shall be inserted, namely:-
"(3) Where a branch or office of the Corporation is situated in a country
outside India, the funds of such branch or office shall be maintained in
accordance with the laws of that country.".
82. In section 28 of the Insurance Corporation Act, after sub-section (3), the
following sub-section shall be inserted, namely:-
"(4) Where a branch or office of the Corporation is situated in a country
outside India, the surplus in such branch or office shall be utilised in
accordance with the laws of such country.".
83. In section 30A of the Insurance Corporation Act, after the words and
figures "Insurance Act, 1938.", the words and figures ", as applicable to the
Corporation by virtue of section 43 of the Life Insurance Corporation Act, 1956"
shall be inserted.
84. In section 43 of the Insurance Corporation Act,—
(a) in sub-section (1), the figures and letter "47A" shall be omitted and
for the figures, letter and word "110C, 119, 121, 122 and 123", the figures,
letter and word "110C and 119" shall be substituted;
(b) in sub-section (2),—
(i) the figures and letters "28A”, “40A" and "44" shall be omitted;
(ii) after the figures and letter "40B", the figures "42" shall be
inserted; and
(iii) for the figures and word "107 to", the figures and word "108
to" shall be substituted;
(c) sub-section (24) shall be omitted;
(d) in sub-section (3), after the words "the Insurance Act", the words
"and the rules and regulations made thereunder” shall be inserted.
85. In section 44 of the Insurance Corporation Act, clause (b) shall be omitted.
86. In section 48 of the Insurance Corporation Act, in sub-section (2),
clause (h) shall be omitted.
31 of 1956.
1 of 1956.
18 of 2013.
31 of 1956.
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[Part II-
CHAPTER IV
AMENDMENTS TO THE INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY
Аст, 1999
Amendment of
section 2.
Amendment of
section 4.
Amendment of
section 5.
Amendment of
section 14.
Insertion of new
sections 14A
to 14E.
Power of
Authority to
collect policy
information.
Power to call for
returns
containing
policy
information.
Procedure for
furnishing
policyholder and
policy related
information to
insurer or other
regulated
entities.
87. In section 2 of the Insurance Regulatory and Development Authority
Act, 1999 (hereafter in this Chapter referred to as the Insurance Authority Act), in
sub-section (1), for clause (f), the following clause shall be substituted, namely:—
'(f) “insurance intermediary" shall have the same meaning as assigned
to it in clause (10B) of section 2 of the Insurance Act, 1938;'.
88. In section 4 of the Insurance Authority Act, in the long line, after the words
"accountancy, administration", the words ", information technology" shall be
inserted.
89. In section 5 of the Insurance Authority Act, for sub-section (1), the
following sub-section shall be substituted, namely:-
"(1) The term of office of the Chairperson and other whole-time
members shall be five years from the date on which they enter upon their office
or till they attain the age of sixty-five years, whichever is earlier, and shall be
eligible for reappointment.".
90. In section 14 of the Insurance Authority Act, in sub-section (2), —
(i) in clause (i), the words, figures and letter "not so controlled and
regulated by the Tariff Advisory Committee under section 64U of the
Insurance Act, 1938" shall be omitted;
(ii) for clause (n), the following clause shall be substituted, namely:—
"(n) imposing such penalty as specified in section 102 of the
Insurance Act, 1938 and for any violation of the provisions of this Act
or rules or regulations made thereunder;".
91. After section 14 of the Insurance Authority Act, the following sections
shall be inserted, namely:-
"14A. The Authority may, for the purpose of efficient discharge of its
functions and to regulate and develop the insurance business
(a) collect in such manner as it may think fit, information relating
to policies and claims from any insurer or other regulated entities; and
(b) furnish such information to any insurer or other regulated
entities in accordance with the provisions of section 14C.
14B. (1) For the purpose of enabling the Authority to discharge its
functions under this Act and the Insurance Act, 1938, it may at any time direct
any insurer or other regulated entities to submit statements relating to policies
and policyholder related information in such form and within such time as may
be specified by the regulations.
(2) Notwithstanding anything to the contrary contained in any law for
the time being in force or in any instrument regulating the constitution thereof
or in any agreement executed by it, relating to the secrecy of its dealings with
its constituents, an insurer or other regulated entities shall comply with any
direction issued under sub-section (1).
14C. (1) The insurer may, in connection with any insurance policy issued
or proposed to be issued by it, to any person, make an application to the
Authority in such form as the Authority may specify by the regulations.
41 of 1999.
4 of 1938.
4 of 1938.
4 of 1938.
4 of 1938.
THE GAZETTE OF INDIA EXTRAORDINARY
Disclosure of
information
prohibited.
Power to
authorise.
Amendment of
section 16.
(2) The Authority shall process the application made under
sub-section (1) within such period as may be specified by the regulations only
after the insurer confirms to the Authority that the person has consented to
provide access of his policy related information in accordance with the
existing law and regulations framed in this regard including the preservation
of evidence of such consent.
(3) On receipt of an application under sub-section (1), the Authority
shall, as soon as may be, furnish the applicant with such policy related
information as specified in the application, as may be in its possession:
Provided that such information so furnished shall not disclose the names
of the insurer or other regulated entities that has submitted such information
to the Authority.
(4) The Authority may in respect of each application levy such fees, as
it may deem fit for furnishing such information.
14D. (1) Any information contained in any statement submitted by an
insurer or other regulated entities under section 14B or furnished by the
Authority to any insurer or other regulated entities under section 14C, shall be
treated as confidential and shall not, except for the specified intended
purposes, be published or otherwise disclosed.
(2) Nothing in this section shall apply to-
(a) the disclosure by any insurer or other regulated entities, with
the previous permission of the Authority, of any information furnished
to the Authority under section 14B or 14C;
(b) the publication by the Authority, if it considers necessary in the
public interest so to do, of any information collected by it under
section 14B or 14C, in such consolidated form as it may think fit without
disclosing the name of an insurer or other regulated entities or the
policyholder;
(c) the disclosure or publication by the Authority or the insurer or
other regulated entities of any policy related information to any other
insurance company, intermediary or regulated entity as permitted by the
Authority under the regulations to be issued from time to time.
(3) Notwithstanding anything contained in any law for the time being in
force, no court, tribunal or other authority shall compel the Authority or any
insurer or other regulated entities to produce or to give inspection of any
statement submitted by that insurer or other regulated entities under
section 14B or 14C or to disclose any policy related information furnished by
the Authority to that insurer or other regulated entities under section 14C.
14E. The Authority may, for the efficient discharge of its functions under
sections 14A to 14D, by a general or special order in writing, authorise any
entity regulated by it or any other statutory body having similar objectives to
perform such functions as specified in the said order.".
92. In section 16 of the Insurance Authority Act, -
(a) in sub-section (2), —
(i) in clause (b), after the words "for the purposes of this Act", the
words and figures "and the Insurance Act, 1938" shall be inserted;
(ii) after clause (b), the following clause shall be inserted,
namely:-
"(c) the capital expenditure, as per annual capital expenditure
plan approved by the Authority.";
4 of 1938.
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[Part II-
(b) after sub-section (2), the following sub-sections shall be inserted,
namely:-
'(3) The Authority shall constitute a Reserve Fund and twenty-five
per cent. of the annual surplus of the Fund in any year shall be credited
to such Reserve Fund and such fund shall not exceed the total of annual
expenditure of preceding three financial years.
(4) After incurring all the expenses referred to in sub-section (2)
and transfer to Reserve Fund as specified in sub-section (3), the surplus
of the Fund shall be transferred to the Consolidated Fund of India.
Explanation. For the purposes of this section, the expression
"Reserve Fund" means a fund to hold the surplus of the Fund, in the
form and manner specified in sub-section (3) of section 16.'.
Insertion of new
section 16A.
Constitution of
Policyholders'
Education and
Protection Fund.
Amendment of
section 23.
Amendment of
section 26.
93. After section 16 of the Insurance Authority Act, the following section shall
be inserted, namely:-
"16A. (1) The Authority shall establish a fund to be called the
Policyholders' Education and Protection Fund.
(2) There shall be credited to the Policyholders' Education and
Protection Fund the following amounts, namely:-
(a) any grants and donations given to the Policyholders' Education
and Protection Fund by the Central Government, State Governments, the
Authority, companies or any other institutions for the purposes of the
Policyholders' Education and Protection Fund;
(b) the sums realised by way of penalties by the Authority under
this Act or the Insurance Act, 1938 or rules and regulations thereunder;
and
(c) such other sums as may be specified by the regulations.
(3) The Policyholders' Education and Protection Fund shall be
administered and utilised by the Authority for education of policyholders and
protection of the interests of policyholders in the manner and for such other
purposes as maybe specified by the regulations.".
94. In section 23 of the Insurance Authority Act, for sub-section (1), the
following sub-section shall be substituted, namely:-
"(1) The Authority may, for the efficient discharge of its functions under
this Act, by a general or special order in writing by notification, delegate to
the Chairperson or any other member or any officer of the Authority, subject
to such conditions or restrictions, if any, as may be specified in the order, such
of its powers and functions under this Act, except the power to make
regulations and the power to register an insurer, as it may deem necessary or
expedient.".
95. In section 26 of the Insurance Authority Act, for sub-section (1), the
following sub-section shall be substituted, namely:—
"(1) The Authority may, in consultation with the Insurance Advisory
Committee, by notification make regulations consistent with the provisions of
this Act and the rules made thereunder, to carry out the purposes of this Act
and while making the regulations shall ensure transparency by-
(a) publishing draft regulations along with such other details as
may be specified on its website and inviting public comments for a
specified period prior to issuing such regulations;
4 of 1938.
THE GAZETTE OF INDIA EXTRAORDINARY
(b) publishing a general statement of its response to the public
comments, not later than the date of notification of the regulations; and
(c) periodically reviewing such regulations:
Provided that if the Authority is of the opinion that certain regulations
are required to be made or existing regulations to be amended urgently in the
public interest or the subject matter of the regulation relates solely to the
internal functioning of the Authority, it may dispense with the condition of
prior publication and record the reason for doing so:
Provided further that if the Authority decides to approve regulations in
a form substantially different from the proposed regulations other than
changes made in consideration of comments received by it, it shall repeat the
process mentioned in this sub-section.".
THE GAZETTE OF INDIA EXTRAORDINARY
Amendment of
section 106.
Amendment of
section 110B.
Substitution of
new section for
section 110F.
Provisions
applicable to
State
Governments,
and the like.
Amendment of
section 114.
Amendment of
section 114A.
64. In section 106 of the principal Act, -
(a) in sub-section (11), for the word and figures "section 237", the word
and figures "section 213" shall be substituted;
(b) sub-section (12) shall be omitted.
65. In section 110B of the principal Act, the words, brackets and figures
"under sub-section (1) of section 42" shall be omitted.
66. For section 110F of the principal Act, the following section shall be
substituted, namely:-
"110F. Notwithstanding any exemption granted under section 118, the
provisions of sections 3, 3A, 33, 34, clause (a) of section 34E, 34F, 40C, 44A,
64UM, 64V, 64VA, 64VB, 64VC, 101A, 101C and 110D, shall also apply, so
far as may be, to and in relation to the general insurance business carried on
by a State Government or a Government company as defined in clause (45) of
section 2 of the Companies Act, 2013.".
67. In section 114 of the principal Act, —
(i) in sub-section (2), —
(a) for clause (aaa), the following clause shall be substituted,
namely:-
"(aaa) the conditions and manner of foreign investment
under section 3AA;";
(b) clauses (d), (h), (i), (j) and (1) shall be omitted;
(ii) sub-section (4) shall be omitted.
68. In section 114A of the principal Act,—
(a) for sub-section (1), the following sub-section shall be substituted,
namely:-
"(1) The Authority may, by notification, make regulations
consistent with the provisions of this Act and the rules made thereunder,
to carry out the purposes of this Act and while making the regulations
shall ensure transparency by—
(a) publishing draft regulations along with such other details
on its website for inviting public comments for a specified period
prior to issuing such regulations;
(b) publishing a general statement of its response to the
public comments not later than the date of notification of the
regulations; and
(c) periodically reviewing such regulations:
18 of 2013.
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[Part II-
Provided that if the Authority is of the opinion that certain
regulations are required to be made or existing regulations are to be
amended urgently in the public interest or the subject matter of the
regulation relates solely to the internal functioning of the Authority, it
may dispense with the condition of publishing draft regulations and
record the reasons for doing so:
Provided further that if the Authority decides to approve regulations in
a form substantially different from the proposed regulations other than
changes made in consideration of comments received by it, it shall repeat the
process mentioned in this sub-section.".
70. Section 115 of the principal Act shall be omitted.
71. For section 116 of the principal Act, the following section shall be
substituted, namely:-
"116. (1) The Central Government may, by order published in the
Official Gazette and for the reasons to be recorded in writing, exempt any
insurer constituted, incorporated or domiciled in any country outside India
from any of the provisions of this Act which may be specified in the order
either absolutely or subject to such conditions or modifications as may be
provided in such order.
(2) The order published under sub-section (1) shall be laid, as soon as
after it is made, before each House of Parliament.".
72. In section 116A of the principal Act, in the proviso, the words, brackets
and figure "sub-section (1) of", the words, figures and letters "or section 28A or
section 28B" and the words, brackets and figure "sub-section (2) of shall be
omitted.
73. For section 117 of the principal Act, the following section shall be
substituted, namely:-
"117. Save as otherwise provided, nothing in this Act shall affect the
liability of an insurer being a company to comply with the provisions of the
Companies Act, 2013.".
74. In section 118 of the principal Act, -
(i) in clause (c), for the word and figures "section 617", the words,
brackets and figures "clause (45) of section 2" shall be substituted;
(ii) in clause (d), —
(a) in sub-clause (i), for the words, brackets, letters and figures
"clause (a) of section 58N of the Indian Income Tax Act, 1922", the
words, brackets and figures “sub-section (6) of section (2) of the
Income-tax Act, 1961" shall be substituted;
(b) in sub-clause (ii), for the words “dependents; or", the word
"dependent;" shall be substituted;
(c) sub-clause (iii) shall be omitted.
75. For section 119 of the principal Act, the following section shall be
substituted, namely:-
"119. Any person may, on payment of such fees as may be specified by
the regulations,—
(i) inspect the documents filed by an insurer with the Authority
under sub-section (2) of section 3; and
(ii) obtain a copy of any such document or part thereof.”.
76. Section 120 of the principal Act shall be omitted.
Omission of
section 115.
Substitution of
new section for
section 116.
Power to exempt
from certain
requirements.
Amendment of
section 116A.
Substitution of
new section for
section 117.
Saving.
Amendment of
section 118.
Substitution of
new section for
section 119.
Inspection and
supply of copies
of documents
related to
registration.
Omission of
section 120.
THE GAZETTE OF INDIA EXTRAORDINARY
Amendment of
section 64G.
Amendment of
section 64H.
Amendment of
section 64K.
Amendment of
section 64L.
Amendment of
section 64M.
Amendment of
section 64R.
Omission of
section 64ULA.
Amendment of
section 64VB.
Amendment of
section 101A.
Substitution of
new section for
section 102.
Penalty for
default in
complying with,
or act in
contravention of,
this Act or
Insurance
Regulatory and
Development
Authority Act,
1999.
50. In section 64G of the principal Act, in sub-section (1), for the word
"Chairman", the word "Chairperson" shall be substituted.
51. In section 64H of the principal Act, in sub-section (2), for the words
"General Council", the words "General Insurance Council" shall be substituted.
52. In section 64K of the principal Act,—
(i) in sub-section (1), the words, brackets and figure "the proviso to
sub-section (2) of shall be omitted;
(ii) in sub-section (4), the words, brackets and figures "sub-sections (1)
and (2) of shall be omitted; and the words, brackets and figures "or, as the
case may be, of sub-section (2) of section 16" shall be omitted.
53. In section 64L of the principal Act,—
(i) in sub-section (1),—
(a) in clause (a), after the words "general insurance business", the
words ", health insurance business and re-insurance business" shall be
inserted;
(b) in clause (c), after the words "general insurance policies", the
words ", health insurance policies and re-insurance policies" shall be
inserted;
(ii) for sub-section (2), the following sub-section shall be substituted,
namely:-
"(2) For the purpose of enabling it to effectively discharge its
functions, the Executive Committee of the General Insurance Council
may collect such fees as may be laid down in the bye-laws made by the
General Insurance Council from the insurers carrying on general
insurance business or health insurance business or re-insurance
business.".
54. In section 64M of the principal Act, in sub-section (1), the words, brackets
and figure "the proviso to sub-section (1) of" shall be omitted.
55. In section 64R of the principal Act, in sub-section (1), in clause (b), for the
words "any prescribed fee", the words "fee, as laid down in the bye-laws made by
the Life Insurance Council and General Insurance Council" shall be substituted.
56. Section 64ULA of the principal Act shall be omitted.
57. In section 64VB of the principal Act, in sub-section (2), in the
Explanation,—
(i) after the word "post", the words "or by any online mode" shall be
inserted;
(ii) after the word "posted", the words "or the money is received in
insurer's bank account" shall be inserted.
58. In section 101A of the principal Act, in sub-section (1), after the words
"Indian re-insurers", the words "a minimum of" shall be inserted.
59. For section 102 of the principal Act, the following section shall be
substituted, namely:-
"102. If any insurer or insurance intermediary, who is required under
this Act or the Insurance Regulatory and Development Authority Act, 1999,
or rules or regulations made thereunder fails to,—
(a) furnish any document, statement, account, return or report to
the Authority; or
(b) comply with the directions of the Authority; or
(c) maintain solvency margin; or
41 of 1999.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
41 of 1999.
41 of 1999.
Amendment of
section 104.
Insertion of new
section 105BA.
Penalty for
contravention of
section 42D.
Amendment of
section 105C.
Insertion of new
section 105E.
Factors to be
taken into
account before
imposing
penalty.
(d) comply with the directions on the insurance treaties,
he or it shall be liable to a penalty which shall be up to one lakh rupees for
each day during which such failure continues subject to a maximum of ten
crore rupees.
60. In section 104 of the principal Act, -
(i) in the marginal heading, the figures and letters ", 27A, 27B, 27D"
shall be omitted;
(ii) the words, figures and letters ", section 27A, section 27B,
section 27D" shall be omitted.
61. After section 105B of the principal Act, the following section shall be
inserted, namely:-
"105BA. (1) If any person who acts as an insurance intermediary without
being registered under section 42D to act as such, he shall be liable to a penalty
which shall not be less than one lakh rupees, but may extend to ten lakh rupees
and any person who appoints as an insurance intermediary or any person not
registered to act as such or transacts any insurance business in India through
any such person, shall be liable to a penalty which shall not be less than ten
lakh rupees, but may extend to one crore rupees.
(2) Where the person contravening the provisions of sub-section (1) is a
company or firm, then, without prejudice to any other proceedings which may
be taken against the company or firm, every director, manager, secretary or
other officer of the company and every partner of the firm, who is knowingly
a party to such contravention shall be liable to a penalty which shall not be
less than one lakh rupees, but may extend to ten lakh rupees.".
62. In section 105C of the principal Act, in sub-section (1), for the words,
brackets, figures and letters "sub-sections (8) and (9) of section 42D, section 52F
and section 105B", the words, figures and letters "section 52F, section 105B and
section 105BA" shall be substituted.
63. After section 105D of the principal Act, the following section shall be
inserted, namely:-
"105E. (1) While determining the penalty to be imposed under the
provisions of this Act or the Insurance Regulatory and Development Authority
Act, 1999 or rules or regulations made thereunder, the Authority shall have
regard to the following factors, namely:-
(a) the nature, gravity and duration of the default;
(b) the repetitive nature of the default;
(c) the disproportionate gain or unfair advantage, wherever
quantifiable, made as a result of the default;
(d) the loss caused to the policyholders as a result of the default;
(e) the action taken by the person to mitigate the effects and
consequences of the default, and the timeliness and effectiveness of such
action;
(f) the number of policyholders impacted by such default;
(g) whether the penalty to be imposed is proportionate, having
regard to the need to secure observance of and deter breach of the
provisions of this Act, the Insurance Regulatory and Development
Authority Act, 1999 and rules and regulations thereunder; and
THE GAZETTE OF INDIA EXTRAORDINARY
Amendment of
section 106.
Amendment of
section 110B.
Substitution of
new section for
section 110F.
Provisions
applicable to
State
Governments,
and the like.
Amendment of
section 114.
Amendment of
section 114A.
(h) such other factors as may be deemed appropriate by the
Authority:
Provided that before imposing any penalty, the person shall be given an
opportunity of being heard.
(2) A brief of such penal action shall be disclosed in the form of press
release on the website of the Authority within a period of thirty days.
(3) The manner and procedure for imposing penalties may be such as
specified by the regulations.".
64. In section 106 of the principal Act, -
(a) in sub-section (11), for the word and figures "section 237", the word
and figures "section 213" shall be substituted;
(b) sub-section (12) shall be omitted.
65. In section 110B of the principal Act, the words, brackets and figures
"under sub-section (1) of section 42" shall be omitted.
66. For section 110F of the principal Act, the following section shall be
substituted, namely:-
"110F. Notwithstanding any exemption granted under section 118, the
provisions of sections 3, 3A, 33, 34, clause (a) of section 34E, 34F, 40C, 44A,
64UM, 64V, 64VA, 64VB, 64VC, 101A, 101C and 110D, shall also apply, so
far as may be, to and in relation to the general insurance business carried on
by a State Government or a Government company as defined in clause (45) of
section 2 of the Companies Act, 2013.".
67. In section 114 of the principal Act, —
(i) in sub-section (2), —
(a) for clause (aaa), the following clause shall be substituted,
namely:-
"(aaa) the conditions and manner of foreign investment
under section 3AA;";
(b) clauses (d), (h), (i), (j) and (1) shall be omitted;
(ii) sub-section (4) shall be omitted.
68. In section 114A of the principal Act,—
(a) for sub-section (1), the following sub-section shall be substituted,
namely:-
"(1) The Authority may, by notification, make regulations
consistent with the provisions of this Act and the rules made thereunder,
to carry out the purposes of this Act and while making the regulations
shall ensure transparency by—
(a) publishing draft regulations along with such other details
on its website for inviting public comments for a specified period
prior to issuing such regulations;
(b) publishing a general statement of its response to the
public comments not later than the date of notification of the
regulations; and
(c) periodically reviewing such regulations:
18 of 2013.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
Provided that if the Authority is of the opinion that certain
regulations are required to be made or existing regulations are to be
amended urgently in the public interest or the subject matter of the
regulation relates solely to the internal functioning of the Authority, it
may dispense with the condition of publishing draft regulations and
record the reason for doing so:
Provided further that if the Authority decides to approve regulations in
a form substantially different from the proposed regulations other than
changes made in consideration of comments received by it, it shall repeat the
process mentioned in this sub-section.".
69. After section 114A, the following sections shall be inserted, namely:-
"114B. (1) The Chairperson or one or more whole-time Members of the
Authority or both may issue subsidiary instructions in such manner and subject
to such conditions as may be specified by regulations for the following
purposes, namely:—
(a) clarifying the ambiguity of any regulation, if any; and
(b) laying down any procedural requirement ancillary to any
regulation:
Provided that before making such instructions, the concerned
Consultative Committee constituted under section 114C shall be consulted:
Provided further that where subsidiary instructions are required to be
made urgently, it may do so, without consulting the Consultative Committee
after recording the reasons thereof.
(2) Any contravention of the subsidiary instructions shall amount to
contravention of the regulation it relates to.
114C. The Authority shall constitute Consultative Committees in such
manner as may be specified by regulations, to advise it on-
(a) matters relating to the making of subsidiary instructions under
section 114B; and
Insertion of new
sections 114B
and 114C.
Subsidiary
instructions.
Consultative
Committee.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
(b) any other issue as may be determined by it:
Provided that the advice of the Consultative Committee shall not be
binding on the Authority.".
70. Section 115 of the principal Act shall be omitted.
71. For section 116 of the principal Act, the following section shall be
substituted, namely:-
"116. (1) The Central Government may, by order published in the
Official Gazette and for the reasons to be recorded in writing, exempt any
insurer constituted, incorporated or domiciled in any country outside India
from any of the provisions of this Act which may be specified in the order
either absolutely or subject to such conditions or modifications as may be
provided in such order.
(2) The order published under sub-section (1) shall be laid, as soon as
after it is made, before each House of Parliament.".
72. In section 116A of the principal Act, in the proviso, the words, brackets
and figure "sub-section (1) of", the words, figures and letters "or section 28A or
section 28B" and the words, brackets and figure "sub-section (2) of shall be
omitted.
73. For section 117 of the principal Act, the following section shall be
substituted, namely:-
"117. Save as otherwise provided, nothing in this Act shall affect the
liability of an insurer being a company to comply with the provisions of the
Companies Act, 2013.".
74. In section 118 of the principal Act, -
(i) in clause (c), for the word and figures "section 617", the words,
brackets and figures "clause (45) of section 2" shall be substituted;
(ii) in clause (d), —
(a) in sub-clause (i), for the words, brackets, letters and figures
"clause (a) of section 58N of the Indian Income Tax Act, 1922", the
words, brackets and figures “sub-section (6) of section (2) of the
Income-tax Act, 1961" shall be substituted;
(b) in sub-clause (ii), for the words “dependents; or", the word
"dependent;" shall be substituted;
(c) sub-clause (iii) shall be omitted.
75. For section 119 of the principal Act, the following section shall be
substituted, namely:-
"119. Any person may, on payment of such fees as may be specified by
the regulations,—
(i) inspect the documents filed by an insurer with the Authority
under sub-section (2) of section 3; and
(ii) obtain a copy of any such document or part thereof.”.
76. Section 120 of the principal Act shall be omitted.
Omission of
section 115.
Substitution of
new section for
section 116.
Power to exempt
from certain
requirements.
Amendment of
section 116A.
Substitution of
new section for
section 117.
Saving.
Amendment of
section 118.
Substitution of
new section for
section 119.
Inspection and
supply of copies
of documents
related to
registration.
Omission of
section 120.
THE GAZETTE OF INDIA EXTRAORDINARY
Notes on clauses
Clause 1. This clause provides for the "short title and commencement” of
the proposed Legislation.
Clause 2. This clause seeks to substitute certain expressions by certain other
expressions.
Clause 3. This clause seeks to amend section 2 of the principal Act to
substitute, insert and omit certain viz. "class of insurance business", "health insurance
business", "insurance business", "insurer" and "insurance intermediary" etc.
Clause 4. This clause seeks to amend section 2C of the principal Act of
definition to include statutory bodies, foreign reinsurance branches for recognising
their eligibility and further seeks to expressly bring cross-border re-insurers within
the scope of the said Act.
Clause 5. This clause seeks to amend section 2CA of the principal Act to
include insurance intermediaries in International Financial Services Centres
established in Special Economic Zones so as to allow Central Government to apply
provisions of the said Act to such centres.
Clause 6. This clause seeks to amend section 3 of the principal Act to
empower the Authority to grant registration to an insurer.
Clause 7. This clause seeks to insert new section 3AA in the principal Act
to enable foreign direct investments up to 100% in Indian insurance companies.
Clause 8. This clause seeks to amend section 6 of the principal Act to reduce
the net-owned fund requirements for foreign re-insurers, to encourage more foreign
re-insurers to open branches in India.
Clause 9. This clause seeks to amend section 6A of the principal Act to
change the requirement of previous approval by Authority for registration of transfer
of shares from one per cent. to five per cent. of paid-up equity capital of insurer to
facilitate the ease of doing business and reduce compliance burden on insurers.
Clause 10. This clause seeks to amend section 6B of the principal Act
consequent to insertion of definition of “insurance business" in the said Act.
Clause 11. This clause seeks to amend section 10 of the principal Act to
substitute the reference of Controller with the Authority.
Clause 12. This clause seeks to amend section 11 of the principal Act to
provide for preparation of other financial statements, at the expiration of each
financial year by the insurers.
Clause 13. The clause seeks to insert new section 12A in the principal Act
to empower the Authority to specify the eligibility criteria and experience for
appointment of an actuary.
Clause 14. This clause seeks to amend section 13 of the principal Act to omit
the word "abstract" and to provide for investigation by an actuary of liabilities and
financial condition of every insurer to bring all insurers and re-insurers under the
same reporting framework.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
Clause 15. This clause seeks to amend section 14 of the principal Act and
insert new sections 14A, 14B and 14C in the said Act to require the insurers to
maintain complete record of policies issued by them, to provide for processing of
policyholders' information by the insurers in accordance with the regulations
specified by the Authority, to ensure accuracy and security of policyholders'
information and to ensure confidentiality of such information.
Clause 16. This clause seeks to amend section 15 of the principal Act to
facilitate electronic submission of returns.
Clause 17. This clause seeks to amend section 21 of the principal Act to
update and streamline provisions.
Clause 18. This clause seeks to amend section 22 of the principal Act to
update and streamline provisions.
Clause 19. This clause seeks to amend section 26 of the principal Act to
update and streamline provisions.
Clause 20. This clause seeks to amend section 27 of the principal Act to
empower the Authority to specify by regulations, the time, manner and other
conditions of the investment of assets by insurers.
Clause 21.-This clause seeks to omit sections 27A, 27B, 27C and 27D of the
principal Act consequential to substitution of section 27 relating to investment of
assets by insurers.
Clause 22. This clause seeks to amend section 30 of the principal Act to
update and streamline provisions consequential to omission of sections 27A, 27B,
27C and 27D of the said Act.
Clause 23. This clause seeks to amend section 31 of the principal Act
consequential to substitution of section 27 relating to investment of assets by
insurers.
Clause 24. This clause seeks to amend section 31A of the principal Act to
simplify the provision of the said Act.
Clause 25. This clause seeks to substitute section 32A of the principal Act
to extend the prohibition regarding appointment of common managing director and
other officers to all insurers.
Clause 26. This clause seeks to amend section 32B of the principal Act
consequential to insertion of definition of insurance business and to extend the
obligation of carrying out business in rural and social sectors to all classes of
insurance business.
Clause 27.-This clause seeks to amend section 32C of the principal Act
consequential to insertion of definition of insurance business and to extend the
obligation of carrying out business in respect of rural or unorganised sector and
backward classes of the society, to all classes of insurance business.
Clause 28. This clause seeks to amend section 33 of the principal Act to
insert the word “insurance intermediary" in clause (a) of sub-section (6), to extend
the power of the Authority to inspect and investigate to insurance intermediaries.
Clause 29. This clause seeks to amend section 33A of the principal Act to
empower the Authority to appoint staff for the scrutiny of the returns, statements
and information furnished by insurance intermediary.
Clause 30. This clause seeks to amend section 34 of the principal Act to
empower the Authority to issue directions to insurance intermediary and to clarify
the scope of such directions including disgorgement of wrongful gain made or loss
averted.
THE GAZETTE OF INDIA EXTRAORDINARY
Clause 31. This clause seeks to amend section 34A of the principal Act to
substitute redundant provisions of law with the latest provisions of law.
Clause 32. This clause seeks to amend section 34H of the principal Act to
extend the power of Authority regarding search and seizure over insurance
intermediary also.
Clause 33. This clause seeks to amend section 35 of the principal Act to
empower the Authority to approve a scheme of arrangement, including a merger,
demerger, reverse merger etc. between an insurer and any company not engaged in
the insurance business.
Clause 34. This clause seeks to amend section 37 of the principal Act to
substitute the redundant provisions of the said Act.
Clause 35. This clause seeks to amend section 37A of the principal Act to
substitute "Controller" with "Authority".
Clause 36. This clause seeks to amend section 40 of the principal Act to
empower the Authority to specify the limits of any commission, remuneration or
reward in any form payable to an insurance agent or insurance intermediary in the
interest of policyholders.
Clause 37.—This clause seeks to amend the marginal heading of section 40B
of the principal said Act.
Clause 38. This clause seeks to amend the marginal heading of section 40C
of the principal said Act.
Clause 39.-This clause seeks to amend section 41 of the principal Act to
extend the exception from prohibition of rebates on certain commissions from life
insurance to all classes of insurance business.
Clause 40. This clause seeks to amend section 42D of the principal Act to
provide for detailed procedure for registration, suspension and cancellation of
insurance intermediary by the Authority.
Clause 41. This clause seeks to amend section 47 of the principal Act to
extend to all insurers, the provision on payment of money in the court in case of any
dispute in relation to a policy of insurance.
Clause 42. This clause seeks to amend section 48B of the principal Act to
update and streamline the provisions of the said Act.
Clause 43. This clause seeks to amend section 49 of the principal Act to
extend restrictions on declaration of the dividends out of surplus to all insurers.
Clause 44. This clause seeks to amend section 51 of the principal Act to
revise the fee for supply of certified copies of the questions put to insurer by
policyholder.
Clause 45. This clause seeks to amend section 52A of the principal Act to
empower the Authority to supersede the Board of Directors of an insurers where an
administrator has been appointed.
Clause 46. This clause seeks to amend section 55 of the principal Act to
substitute the redundant provision of law with latest provision of law.
Clause 47. This clause seeks to amend section 61A of the principal Act to
put an obligation on Appellate authority to record reasons, if appeal is not disposed
of within the time specified in the Act.
Clause 48. This clause seeks to amend section 64 of the principal Act to
enable the Authority to determine by order the time within which certificate from
the auditor regarding the submission of books of account and other documents.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
Clause 49. This clause seeks to amend section 64F of the principal Act to
broad base membership of the Life Insurance Council and General Insurance
Council and to provide for membership of two persons to be nominated by the
Central Government in both Councils.
Clause 50.-This clause seeks to amend section 64G of the principal Act to
make the Act gender neutral.
Clause 51. This clause seeks to amend section 64H of the principal Act to
align the usage of the defined term "General Insurance Council" with the provisions
of the said Act.
Clause 52. This clause seeks to amend section 64K of the principal Act to
omit the redundant provisions.
Clause 53. This clause seeks to amend section 64L of the principal Act to
bring health insurance and re-insurance business within scope of functions of
General Insurance Council and to align with section 64C of the said Act.
Clause 54. This clause seeks to amend section 64M of the principal Act to
omit the redundant provisions of the said Act.
Clause 55. This clause seeks to amend section 64R of the principal Act to
empower the Life Insurance Council and the General Insurance Council to lay down
the required fee in bye-laws and to align with section 64R(1)(d)(iv) of the said Act.
Clause 56. This clause seeks to omit section 64ULA of the principal Act to
omit the redundant provisions of the said Act.
Clause 57.—This clause seeks to amend section 64VB of the principal Act to
cover the instances of online payment of premium.
Clause 58. This clause seeks to amend section 101A of the principal Act to
provide clarity in relation to percentage of sum assured.
Clause 59.-This clause seeks to amend section 102 of the principal Act to
include non-compliances under the Insurance Regulatory and Development
Authority Act, 1999 for penalty and rationalise the minimum penalty and the
maximum amount.
Clause 60. This clause seeks to amend section 104 of the principal Act to
omit reference to redundant provisions consequent to omission of sections 27A, 27B
and 27D of the said Act.
Clause 61. This clause seeks to insert new section 105BA in the principal
Act to move the penal provisions from section 42D to section 105BA and to specify
the minimum threshold of penalty.
Clause 62.—This clause seeks to amend section 105C of the principal Act to make
changes consequent to amendments made in penalty provisions of the said Act.
Clause 63. This clause seeks to insert section 105E in the principal Act to
provide for the factors that must be taken into account by the Authority while
determining the penalty under the said Act.
Clause 64. This clause seeks to amend section 106 of the principal Act to
omit the redundant provisions.
Clause 65. This clause seeks to amend section 110B of the principal Act to
omit the redundant provisions.
Clause 66. This clause seeks to amend section 110F of the principal Act to
substitute redundant provisions with latest provisions of law.
Clause 67. This clause seeks to amend section 114 of the principal Act to
amend rule making powers.
THE GAZETTE OF INDIA EXTRAORDINARY
Clause 68. This clause seeks to amend section 114A of the principal Act to
make changes in the regulation making powers and to provide for transparency in
the regulation making process by requiring public consultations and periodic review
of the regulations.
Clause 69.-This clause seeks to insert new sections 114B and 114C in the
principal Act to provide for issuance of subsidiary instructions by the Chairperson or
the whole-time Members of the Authority to clarify the ambiguity in any regulation
or for laying down the procedural requirements ancillary to any regulation, in
consultation with a Consultative Committee constituted by the Authority.
Clause 70. This clause seeks to omit section 115 of the principal Act to
update and streamline provisions.
Clause 71. This clause seeks to amend section 116 of the principal Act to
update and streamline provisions and to provide for laying of orders under this
section before each House of Parliament.
Clause 72. This clause seeks to amend section 116A of the principal Act to
update and streamline provisions of the said Act.
Clause 73. This clause seeks to amend section 117 of the principal Act to
update and streamline provisions of the said Act.
Clause 74.-This clause seeks to amend section 118 of the principal Act to
update and streamline provisions of the said Act.
Clause 75.-This clause seeks to amend section 119 of the principal Act to
empower Authority to specify the fee for inspection and taking a copy of documents
submitted by insurer with the Authority.
Clause 76. This clause seeks to omit section 120 of the principal Act to
update and streamline provisions of the said Act.
Clause 77. This clause seeks to amend section 2 of the Life Insurance
Corporation Act, 1956 (Insurance Corporation Act) to omit, update and streamline
provisions of the said Act.
Clause 78. This clause seeks to amend section 6A of the Insurance
Corporation Act to update the references to the Companies Act, 2013.
Clause 79.- This clause seeks to amend section 18 of the Insurance
Corporation Act to empower the Corporation to establish zonal offices on its own,
without prior approval of the Central Government.
Clause 80.- This clause seeks to amend section 22 of the Insurance
Corporation Act so as to provide the manner of constitution of an Employees and
Agents Relation Committee to be determined by the Corporation.
Clause 81. This clause seeks to amend section 24 of the Insurance
Corporation Act to provide the overseas branches of the Corporation to maintain the
funds of the branch or office in accordance with the laws of that country.
Clause 82. This clause seeks to amend section 28 of the Insurance
Corporation Act to provide the overseas branches of the Corporation to utilise the
surplus in such branch or office in accordance with the laws of that country.
Clause 83. This clause seeks to amend section 30A of the Insurance
Corporation Act to make it mandatory for the Corporation to comply with the
provisions of the Insurance Act, 1938 as applicable to it by virtue of the section 43
of the Insurance Corporation Act.
Clause 84. - This clause seeks to amend section 43 of the Insurance
Corporation Act to omit references to outdated provisions of the said Act.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
Clause 85. This clause seeks to amend section 44 of the Insurance
Corporation Act to omit reference to a redundant provision of the said Act.
Clause 86. This clause seeks to amend section 48 of the Insurance
Corporation Act to omit the reference to rule-making power for the manner of
constitution of an Employees and Agents Relation Committee.
Clause 87. This clause seeks to amend section 2 of the Insurance Regulatory
and Development Authority Act, 1999 (Insurance Authority Act) to modify and
substitute the definition of insurance intermediary of the said Act.
Clause 88. This clause seeks to amend section 4 of the Insurance Authority
Act to include knowledge and experience of information technology among
desirable qualifications for appointment as member of Authority.
Clause 89.-This clause seeks to amend section 5 of the Insurance Authority
Act to bring parity in the age limit for holding office among Chairperson and
whole-time members.
Clause 90.-This clause seeks to amend section 14 of the Insurance Authority
Act to update and streamline provisions of the said Act.
Clause 91. This clause seeks to insert new sections 14A, 14B, 14C, 14D and
14E in the Insurance Authority Act to empower the Authority for collecting
information relation to policies and claims from insurers and other regulated entities
for efficient discharge of its functions, and to regulate and develop the insurance
business.
Clause 92. This clause seeks to amend section 16 of the Insurance Authority
Act to allow for the annual surplus funds of IRDAI to be kept in a Reserve Fund
and post all expenses by the Authority and provide for transfer of the surplus to the
Consolidated Fund of India.
Clause 93. This clause seeks to insert new section 16A in the Insurance
Authority Act to allow for creation of a Policyholders' Education and Protection Fund.
Clause 94. This clause seeks to amend section 23 of the Insurance Authority
Act to enable the Authority to delegate functions to the Chairperson or any other
member or officer of the Authority, other than the powers to frame regulations and
grant of registration to insurer.
Clause 95.-This clause seeks to amend section 26 of the Insurance Authority
Act to make the regulation process more transparent and inclusive and to align the
provision with the corresponding change in section 114A of Insurance Act, 1938.
THE GAZETTE OF INDIA EXTRAORDINARY
FINANCIAL MEMORANDUM
The provisions of the Sabka Bima Sabki Raksha (Amendment of Insurance
Laws) Bill, 2025, if enacted, do not involve any expenditure of recurring or
non-recurring, from and out of the Consolidated Fund of India.
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
REVISED FINANCIAL MEMORANDUM TO THE SABKA
BIMA SABKI RAKSHA (AMENDMENT OF INSURANCE
LAWS) BILL, 2025
Clause 93 of the Sabka Bima Sabki Raksha (Amendment of Insurance Laws) Bill,
2025 provides for the constitution of the Policyholders' Education and Protection Fund
and, if enacted, would involve expenditure from and out of the Consolidated Fund of India.
2.
However, it is not possible to estimate the likely expenditure to be incurred on this
account at this stage.
PANKAJ CHAUDHARY
Minister of State in Ministry of Finance
THE GAZETTE OF INDIA EXTRAORDINARY
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 67 of the Bill proposes to amend section 114 of the Insurance Act, 1938
("Act") which empowers the Central Government to make rules to carry out the
purposes of the Act, relating to the conditions of foreign investment under
sub-section (2) of section 3AA.
2.Clause 68 of the Bill proposes to amend section 114A of the Act which
empowers the Insurance Regulatory and Development Authority of India, to make
regulations to carry out the purposes of the Act. The Authority shall ensure
transparency in making regulations by publishing draft regulations on its website
for inviting public comments prior to issuing such regulations. The Authority shall
make regulations on the following matters, namely: (i) the preparation of
balance-sheet, profit and loss account and a separate account of receipts and
payments and revenue account and other financial statements under sub-section (1)
of section 11; (ii) the eligibility criteria and other conditions for an actuary under
section 12A; (iii) the purpose for which and the manner in which the report of the
actuary is to be submitted and the form and manner in which the statement shall be
appended under section 13; (iv) the form, manner and period for submission of
returns to the Authority under section 15; (v) the manner of execution of instrument
of Trust by the insurer under sub-section (5) of section 27; (vi) the investment of
assets by an insurer in a time and manner set out under section 27; (vii) the form in
which balance-sheets in respect of the insurance business of each of the insurers
concerned and the manner in which actuarial reports and abstracts in respect of the
insurance business shall be prepared under clauses (b) and (c) of sub-section (3) of
section 35, and the manner, procedure and other conditions for a scheme of
arrangement or amalgamation or transfer of business under sub-section (4) of
section 35; (viii) the form and manner of making application for registration, the
documents to be accompanied and the fee to be paid under sub-section (3) of section
42D; (ix) any other default subject to which the registration may be suspended or
cancelled under clause (viii) of sub-section (6) of section 42D; (x) the annual fee in
relation to registration under sub-section (4A) of section 42D and the procedure for
suspension or cancellation of registration under the said sub-section; (xi) the fee for
issuance of duplicate certificate of registration under sub-section (8) of section 42D;
(xii) the period, extent and conditions under which certain insurers may be exempted
by Authority under sub-section (3) of section 48B; (xiii) fee to be paid for inspection
of the documents filed by an insurer with the Authority and obtaining a copy of said
document or part thereof under section 119; (xiv) the manner and conditions of
making subsidiary instructions under section 114B; and (xv) the manner of the
constitution of Consultative Committees under section 114C.
3. Clause 69 of the Bill seeks to insert section 114B of the Act, which
empowers the Chairperson or one or more whole-time Members of the Authority to
issue subsidiary instructions in such manner and subject to such conditions as may
be specified by regulations for (i) clarifying the ambiguity of any regulation, if any;
and (ii) laying down any procedural requirement ancillary to any regulation.
4. The matters in respect of which rules and regulations may be made or
subsidiary instructions issued are matters of procedure or administrative detail and
it is not practicable to provide for them in the Bill itself. The delegation of legislative
power is, therefore, of a normal character.
UTPAL KUMAR SINGH
Secterary General.
LOK SABHA
SECOND CORRIGENDA
to
THE SABKA BIMA SABKI RAKSHA (AMENDMENT OF INSURANCE LAWS) BILL, 2025
[To be / As introduced in Lok Sabha]
1.
Page 27, line 15,-
for "establish"
read "constitute"
NEW DELHI;
December 15, 2025
Agrahayana 24, 1947 (Saka)
LOK SABHA
CORRIGENDA
to
THE SABKA BIMA SABKI RAKSHA (AMENDMENT OF INSURANCE LAWS) BILL, 2025
[To be / As introduced in Lok Sabha]
1.
Page 7, line 24,-
for "including a valuation"
read "including the valuation"
2.
Page 7, line 29,-
for "date at which"
read" date on which "
3.
Page 10, line 46,-
for "regulation,"
read "regulations"
4.
Page 15, line 5, omit “the”
5.
Page 15, lines 11 to 14, may be read as under-
"(i) after sub-section (2), the following sub-section shall be inserted,
namely:-
"(2A) A person shall not begin to carry on or act as in insurance
intermediary, unless he or it obtains a certificate of registration for the
same from the Authority."
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II-
6.
7.
8.
Page 16, line 21,-
for "issue"
read "issuance"
Page 17, line 39,-
for "business nominated"
read "business as may be nominated"
Page 19, line 13,-
for "liable to a penalty"
read "liable to penalty"
9.
Page 19, line 17,-
for "liable to a penalty"
read "liable to penalty"
10. Page 19, line 23,-
for "liable to a penalty"
read "liable to penalty"
11. Page 22, line 11,-
for "issue"
read "issuance"
12.
Page 22, line 32,-
for "by regulations"
read " by the regulations"
THE GAZETTE OF INDIA EXTRAORDINARY
13. Page 26, line 10, omit "such"
14. Page 28, line 8,-
for "prior publication"
read "publishing draft regulations"
NEW DELHI;
December 14, 2025
Agrahayana 23, 1947 (Saka)
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002.
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054
MOHAN
KSHITIZ
Digitally signed
by KSHITIZ
MOHAN
Date: 2025.12.17
03:08:25 +05'30"
MGIPMRND-395GI(S4)—17-12-2025.