BILL NO.

XXXX OF 2021

NEGLIGENCE PROHIBITION BILL, 2021

 (AS INTRODUCED IN THE LOK SABHA)

OPINION OF THE LEGISLATIVE COUNSEL

Constitutional Validity

The Draft Policy Note submitted by the Hon’ble Ministry of Home Affairs regarding
‘Legislation on Prohibition of Negligence’ does not violate any provision of the
Constitution.

Also as the proposal submitted by the Hon’ble Ministry relates to the matter of
‘Criminal Law, Criminal Procedure and Civil Procedure’ which are present as Entry
No. 1, 2 and 13 in Concurrent List (Seventh Schedule) of the Constitution of India,
hence, the Parliament is of full competence to form legislation related to this subject
and while doing so does not violate any constitutional article.

Legal Validity

The Draft Policy Note submitted by the Hon’ble Home Ministry for the ‘legislation on
Prohibition of Negligence’ does not violate any of the existing legislation and legal
Provision.

Notwithstanding anything to the contrary, the Parliament has full competence to form
legislation regarding the subject matter while not violating any existing rules and
regulation.
 STATEMENT OF OBJECT AND REASON

1) Negligence is defined as a failure to exercise the appropriate and/or ethically

mandated care that should be exercised in certain circumstances. It is a type of
tort law that entails injury incurred by failure to behave as a result of carelessness,
likely with extenuating circumstances. Injuries caused due to “negligent acts” are
omnipresent and can include acts such as negligent driving, medical negligence,
negligence in serving stale and unsafe food, and so on,

2) In Indian law, legal remedies against this unruly behaviour are available under
tortious liability. These remedies may include damage and injunction. However,
there is a dire need of having the definition, grade and punishment of negligence
cleared,

3) The criminal law provides a limited amount of resources (enlisted in section 304-
A of Indian Penal Code, 1860). Also the penal law has their own features: Apart
from providing a quick remedy,these penal regulations due to their distinct
characteristics help in delivering a straightforward and direct message to all
lawbreakers, in addition to offering a swift solution,

4) Given the prevalence of negligent acts and the resulting legal consequences, a
legislation describing negligence, grading negligence, and punishing negligent
behaviour is particularly appropriate,

5) This bill aims to classify acts of neglect that result in violent injury, create
norms for barring and punishing negligent acts that result in lawful injuries,
enforce other civil/penal obligations on those deemed guilty of criminal
negligence, and establish adjudicatory bodies/courts to deal with criminal
negligence,

6) The bill seeks to achieve the above objectives.

 NEGLIGENCE PROHIBITION BILL, 2021

ARRANGEMENT OF CLAUSES

CHAPTER 1
Preliminary
Clauses
1. Short title, extent and commencement.
2. Definitions.

CHAPTER 2
Offence of Negligence
3. Negligence as an offence.
4. Grading of Negligence.
5. Punishment of Negligence.
CHAPTER 3
Adjudication
6. Adjudicating body, Composition, Power, etc.
7. Staff of Adjudicating body.
8. Adjudication.
CHAPTER 4
Appellate Tribunal
9. Establishment of an appellate tribunal.
10. Appeal to appellate tribunal.
11. Composition etc. of tribunal.
12. Qualification for appointment.
13. Procedures and Powers of the tribunal.
14. Resignation and Removal.
CHAPTER 5
Miscellaneous
15. Power of Central Govt. to issue directions.
16. Decision to be by majority.
17. Civil court not to have jurisdiction.
18. Appeal to High Court.
19. Act to have an overriding effect.
20. Execution of judgment
21. Rules to be laid before the Parliament.

ANNEXURE 1
ANNEXURE 2
Bill no. XXXX of 2021
 NEGLIGENCE PROHIBITION BILL, 2021

BILL

to prohibit, penalize negligent acts resulting into legal injuries along with establishing
adjudicatory bodies to deal with negligence amounting to legal injury and impose other
civil/penal obligations against the person found guilty of such negligence.

WHEREAS it is expedient to define and prescribe norms for prohibiting and

penalizing negligent acts resulting in legal injuries.

AND WHEREAS from the practical experience gained from the aforesaid field it
is considered necessary to impose other civil/penal obligations against the person found
guilty of such negligence.

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as

follows: —

CHAPTER 1
Preliminary

1. (1)This Act may be called the Negligence Prohibition Act, 2021, (2)
It extends to the whole of India,
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.

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

a. "Adjudicating Body" means an Adjudicating Body appointed under sub-
clause 1 of Clause 6,
b. “Appeal” here means to apply to a higher court for a reversal of the
decision of a lower court,
c. "Appellate Tribunal" means the Appellate Tribunal established under clause
9,
d. “Bailable offence” means an offence which is shown as bailable in the First
Schedule or which is made bailable by any other Law for the time being in
force,
e. "Bench" means a Bench of the Adjudicatory Body or the Appellate
Tribunal,
f. "Chairperson" means the Chairperson of the Adjudicatory Body or the
Appellate Tribunal,
 g. “Cognizable offence” means an offence in which a police officer has the
authority to make an arrest without a warrant and to start an investigation
with or without the permission of a court,
h. “Consolidated Fund of India” is the account of the revenue the Govt. of
India receives and the expenses it makes,
i. “Criminal Negligence” is when a person causes the death of any other person
by doing any rash or negligent act not amounting to culpable homicide,
j. “Grading” means to arrange in grades; classify or sort, k. “Gross
Negligence” as mentioned in the sub-clause (b) of clause 4, is where the
wrongdoer has been completely indifferent to his actions to the point that it
displays an utter disregard for the rights or well-being of others,
l. “Incapacity” means legal disqualification,
m. “Legal Remedy” is a form of relief granted to a victim in order to
enforce a certain right or redress a wrong committed to him/her, n.
"Member" means a Member of the Appellate Tribunal and includes the
Chairperson,
o. "Negligence " has the meaning assigned to it in clause 3, p. “Non
compliance” failure to act in accordance with a wish or command, q. “Non
Recurring Expense” are one time expenses,
r. “Obligation” here means an act or course of action to which a person is
legally bound,
s. “Offence” means a breach of a law or rule; an illegal act, t. “Ordinary
Negligence” as mentioned in the sub-clause (a) of clause 4, is where the
wrongdoer was not aware of the failure or that his action (or lack of action)
could harm another person,
u. "Prescribed" means prescribed by rules made under this Act, v.
“Recurring Expense” is any cost an institution requires at regular intervals
for operating its business,
w. “Willful, Reckless and Wanton Negligence” as mentioned in the sub-clause
(c) of clause 4, is where the wrongdoer must be aware of and
intentionally ignore a high-risk factor,And the risk must also involve a
high probability of causing significant harm.

CHAPTER 2
Offence of Negligence

3. Negligence as an offence,--
(1) A person is said to be guilty of Criminal Negligence if his act created a high
risk of death / bodily injury to any other person and as a prudent person he
was aware of the consequences of such an act,
(2) Negligence is failure to exercise appropriate and/or ethical ruled care
expected to be exercised amongst specified circumstances,
 (3) If the act created a high risk of death / bodily injury to any other person and
as a prudent person the offender was aware of the consequences of his act,
(4) Any other negligent act which causes legal injury to the defendant.

4. Grading of Negligence : The Adjudicatory body established under Clause 6 and the
Appellate Tribunal established under Clause 9 would deal with the following types
of Negligence:
a. Ordinary Negligence
b. Gross Negligence
c. Willful, Reckless and Wanton Negligence
d. Criminal Negligence
e. Any other negligent act which causes legal injury to the defendant.

All the types of Negligence covered under this act are bailable and non
cognizable in nature.

5. Punishment for Negligence: The adjudicatory body having full discretion may decide
the punishment from the following after examining the facts, evidence and/or
circumstances of the case :
a. In case of Ordinary Negligence, the competent authority may award
damages as it may seem fit to the aggrieved party,
b. In case of Gross Negligence, Willful, Wanton or Reckless Negligence, the
competent authority may direct the convicted person to pay punitive
damages to the aggrieved party,
c. In case of Criminal Negligence, the convicted person may be punished with
imprisonment of either description for a term which may extend to two years,
or with fine, or both,
d. In any other case of Negligence the convicted person may be directed to
pay damages or serve a sentence as ordered by the competent authority.

CHAPTER 3
Adjudicatory body

6. Adjudicating Body, Compositions, Power etc.

(1) The Central Government shall, by notification, appoint/establish one or
more Adjudicating Bodies in every state to exercise jurisdiction, powers and
authority conferred by or under this Act.
(2) The Adjudicatory body would exercise the powers of both civil and criminal
courts. The body shall make sure of what grade and type the negligence is
and then follow it with the relevant procedure.
 a. if it is found to be civil/tortious negligence, the body shall decide the
case according to the provisions of Code of Civil procedure (1908);
b. if it is found to be criminal negligence, the body shall decide the
case according to the Code of Criminal procedure(1973).
(3) The Adjudicatory Body shall have, for the purposes of discharging its
functions under this Act, the same powers as are vested in a Civil court /
Criminal court under the Code of Civil Procedure (1908) and Code of
Criminal procedure (1973), while trying a suit.
(4) An Adjudicating Body shall consist of a Chairperson and two other
Members: Provided that one Member each shall be a person having
experience in the field of law, administration.
(5) A person shall, however, not be qualified for appointment as Member of an
Adjudicating Body in the field of law, unless he—
a. is qualified for appointment as District Judge; or
b. has been a member of the Indian Legal Service and has held a post in
Grade I of that service;
(6) The Central Government shall appoint a Member to be the Chairperson of
the Adjudicating Body.
(7) Subject to the provisions of this act,--
a. the jurisdiction of the Adjudicating Body may be exercised by
Benches thereof;
b. a Bench may be constituted by the Chairperson of the Adjudicating
Body with one or two Members as the Chairperson of the
Adjudicating Body may deem fit;
c. the Central Government shall, by notification, specify the areas in
relation to which each Bench of the Adjudicating Body may exercise
jurisdiction.
(8) The Chairperson and every Member shall hold office as such for a term of
five years from the date on which he enters upon his office; provided that no
Chairperson or other Member shall hold office as such after he has attained
the age of sixty-two years.
(9) The salary and allowances payable to and the other terms and conditions of
service of the Member shall be such as may be prescribed; provided that
neither the salary and allowances nor the other terms and conditions of
service of the Member shall be varied to his disadvantage after appointment.
(10) If, for reasons other than temporary absence, any vacancy occurs in the
office of the Chairperson or any other Member, then, the Central
Government shall appoint another person in accordance with the provisions
of this Act to fill the vacancy and the proceedings may be continued before
the Adjudicating Body from the stage at which the vacancy is filled.
(11) The Chairperson or any other Member may, by notice in writing under his
hand addressed to the Central Government, resign his office: Provided that
the Chairperson or any other Member shall, unless he is permitted by the
Central Government to relinquish his office sooner, continue to hold office
until the expiry of three months from the date of receipt of such notice or
 until a person duly appointed as his successor enters upon his office or until
the expiry of his term of office, whichever is the earliest.
(12) The Chairperson or any other Member shall not be removed from his office
except by an order made by the Central Government after giving necessary
opportunity of hearing.
(13) In the event of the occurrence of any vacancy in the office of the
Chairperson by reason of his death, resignation or otherwise, the senior-most
Member shall act as the Chairperson of the Adjudicating Body until the date
on which a new Chairperson, appointed in accordance with the provisions of
this Act to fill such vacancy, enters upon his office.
(14) When the Chairperson of the Adjudicating Body is unable to discharge his
functions owing to absence, illness or any other cause, the senior-most
Member shall discharge the functions of the Chairperson of the Adjudicating
Body until the date on which the Chairperson of the Adjudicating Body
resumes his duties.
(15) Subject to the other provisions of this Act, the Adjudicating Body shall
have powers to regulate its own procedure.

7. Staff of Adjudicating Body.--

(1) The Central Government shall provide each Adjudicating Body with
such officers and employees as that Government may think fit. (2) The
officers and employees of the Adjudicating Body shall discharge their
functions under the general superintendence of the Chairperson of the
Adjudicating Body.
(3) The salaries and allowances and other conditions of service of the of icers
and employees of the Adjudicating Body shall be such as may be prescribed.

8. Adjudication:
(1) The Adjudicating body shall after;
a. hearing the aggrieved person and,
b. taking into account all the relevant materials placed on record
before them, Start the trial be it civil or criminal in nature.
(2) The Adjudicating body shall, after giving an opportunity of being heard to
the person concerned, make any order regarding negligence.

CHAPTER 4
Appellate Tribunal

9. Establishment of Appellate Tribunal: The Central Government shall, by notification,

establish an Appellate Tribunal in each state to hear appeals against the orders of
the Adjudicatory body.
10.Appeal to Appellate Tribunal:
(1) Aggrieved by an order made by the Adjudicating body under this Act, one
may prefer an appeal to the Appellate Tribunal.
(2) Every appeal shall be filed within a period of forty-five days from the date
on which a copy of the order made by the Adjudicating body is
received and it shall be in such form and be accompanied by such fee as
may be prescribed:
Provided that the Appellate Tribunal may, after giving an
opportunity of being heard entertain an appeal after the expiry of
the said period of forty-five days if it is satisfied that there was
sufficient cause for not filing it within that period.
(3) On receipt of an appeal, the Appellate Tribunal may, after giving the parties
to the appeal an opportunity of being heard, pass such orders thereon as it
thinks fit, confirming, modifying or setting aside the order appealed against.
(4) The Appellate Tribunal shall send a copy of every order made by it to the
parties to the appeal and to the concerned Adjudicating Body, as the case
may be.
(5) The appeal filed before the Appellate Tribunal shall be dealt with by it as
expeditiously as possible and endeavour shall be made by it to dispose of the
appeal finally within six months from the date of filing of the appeal.

11. Composition etc. of the Appellate Tribunal,--

(1) The Appellate Tribunal shall consist of a Chair-person and two other
Members.
(2) Subject to the provisions of this Act,--
a. the jurisdiction of the Appellate Tribunal may be exercised by
Benches thereof;
b. a Bench may be constituted by the Chairperson with one or two
Members as the Chairperson may deem fit;
(3) The Chairperson may transfer a Member from one Bench to another
Bench.
(4) If at any stage of the hearing of any case or matter it appears to the
Chairperson or a Member that the case or matter is of such a nature that it
ought to be heard by a Bench consisting of two Members, the case or matter
may be transferred by the Chairperson or, as the case may be, referred to him
for transfer, to such Bench as the Chairperson may deem fit.
(5) The salaries and allowances and other conditions of service of the of icers
and employees of the Appellate Tribunal shall be such as may be prescribed.

12.Qualifications for appointment,--

(1) A person shall not be qualified for appointment as Chairperson unless he is
or has been a Judge of the Supreme Court or of a High Court or is qualified
to be a judge of the High Court.
(2) A person shall not be qualified for appointment as a Member unless he—
a. is or has been a Judge of a High Court; or
 b. has been a member of the Indian Legal Service and has held a
post in Grade I of that Service for at least three years; or
(3) No sitting Judge of the Supreme Court or of a High Court shall be appointed
under this section except after consultation with the Chief Justice of India.
(4) The Chairperson or a Member holding a post as such in any other Tribunal,
established under any law for the time being in force, in addition to his being
the Chairperson or a Member of that Tribunal, may be appointed as the
Chairperson or a Member, as the case may be, of the Appellate Tribunal
under this Act.

13.Procedures and Powers of Appellate Tribunal,--

(1) Subject to the other provisions of this Act, the Appellate Tribunal shall
have powers to regulate its own procedure.
(2) The Appellate Tribunal shall have, for the purposes of discharging its
functions under this Act, the same powers as are vested in a civil court/
criminal court under the Code of Civil Procedure (1908) and Code of
criminal procedure (1973) while trying a suit regarding matters contained in
clause 4 of the Act.
(3) An order made by the Appellate Tribunal under this Act shall be executable
by the Appellate Tribunal as a decree of civil court/ criminal court and, for
this purpose, the Appellate Tribunal shall have all the powers of a civil court/
criminal court.
(4) The Appellate Tribunal may transmit any order made by it to a civil court
/criminal court having local jurisdiction and such civil court /criminal court
shall execute the order as if it were a decree made by that court.
(5) All proceedings before the Appellate Tribunal shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228 of the Indian Penal
Code (1860)and the Appellate Tribunal shall be deemed to be a civil court
for the purposes of sections 345 and 346 of the Code of Criminal Procedure
(1973).
(6) Where on conclusion of a trial for any scheduled offence, the person
concerned is acquitted, punishment given if any by the adjudicatory body,
shall cease to have effect.

14.Resignation and Removal,--

(1) The Chairperson or any other Member may, by notice in writing under
his hand addressed to the Central Government, resign his office: a.
Provided that the Chairperson or any other Member shall, unless he is
permitted by the Central Government to relinquish his office sooner,
continue to hold office until the expiry of three months from the date of
receipt of such notice or until a person duly appointed as his successor
enters upon his office or until the expiry of his term of office, whichever is
the earliest.
(2) The Chairperson or any other Member shall not be removed from his office
except by an order made by the Central Government on the ground of proved
 misbehaviour or incapacity, after an inquiry made by a person appointed by
the President in which such Chairperson or any other Member concerned had
been informed of the charges against him and given a reasonable opportunity
of being heard in respect of those charges.

CHAPTER 5
Miscellaneous

15.Power of central government to issue directions: The Central Government may,

from time to time, issue such orders, instructions and directions to the authorities as
it may deem fit for the proper administration of this Act and such authorities and all
other persons employed in execution of this Act shall observe and follow such
orders, instructions and directions of the Central Government while also providing
that no such orders, instructions or directions shall be issued so as to interfere with
the discretion of the Adjudicating Body in exercise of his functions.

16.Decision to be made by majority: If the Members of a Bench consisting of two

Members differ in opinion on any point, they shall state the point or points on which
they differ, and make a reference to the Chairperson who shall either hear the point
or points himself or refer the case for hearing on such point or points by one or more
of the other Members of the Appellate Tribunal and such
point or points shall be decided according to the opinion of the majority of the
Members of the Appellate Tribunal who have heard the case, including those
who first heard it.

17.Civil Court /Criminal Court not to have jurisdiction: No civil court shall have
jurisdiction to entertain any suit or proceeding in respect of any matter which an
Adjudicating Body or the Appellate Tribunal is empowered by or under this Act to
determine and no injunction shall be granted by any court or other authority in
respect of any action taken or to be taken in pursuance of any power conferred by
or under this Act.

18.Appeal to High Court: Any person aggrieved by any decision or order of the
Appellate Tribunal may file an appeal to the High Court within sixty days from the
date of communication of the decision or order of the Appellate Tribunal to him on
any question of law or fact arising out of such order:
a. Provided that the High Court may, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal within the said period,
allow it to be filed within a further period not exceeding sixty days.
19.Act to have overriding effect : The provisions of this act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for time
being in force.

20.Execution of Judgement: If the accused does not apply for appeal according to sub-
clause (1) of clause 10 and clause 18 of the act : the judgement needs to be executed
but if it there is non compliance of the decision, the authority must execute the
decision as follows :
a. For civil case: CPC procedure should be followed
b. For criminal case: CrPC procedure should be followed

21.Rules to be laid before the Parliament,--

Every rule made 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.
ANNEXURE I

FINANCIAL MEMORANDUM

The provisions of this Act involves expenditure from the Consolidated Fund of India.
For the establishment of the Adjudicatory Body under sub-clause (1) of Clause 6,
Appellate Tribunal under Clause 9 it would require financial assistance from the non-
recurring expenditure. Providing salaries and pension to the members of Adjudicatory
Body and the Appellate Tribunal under sub-clause (3) of clause 7 and sub clause (5) of
Clause 11 of the bill, would be done from the recurring expenditure of the Consolidated
Fund of India.
ANNEXURE II

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Act with the previous approval of the Central Government empowers the
Adjudicatory Body and Appellate Tribunal to make rules & regulations regarding their
procedure and administration.
The rules made by these bodies are required to be laid, as soon as may
be after it is made, before the Parliament.

The matters in respect of which rules may be made are generally matters of procedure
and administrative details and it is not practicable to provide for them in the Bill itself.
The delegation of legislative powers is, therefore, of a normal character.