A Bill to provide for the establishment of a permanent Bench of Supreme Court at Nagpur. BE it enacted by Parliament in the Fifty-first Year of the Republic of India as

REGISTERED No. DL-33004/2001

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 2] NEW DELHI, FRIDAY, FEBRUARY 23,2001/ PHALGUNA 4,1922

Separate paging is given to this Part in order that it may be filed as a separate compilation.

LOKSABHA

The following Bills were introduced in LokSabha on 23.02.2001:—

BILL No. 152 OF 2000

A Bill to provide for the establishment of a permanent Bench of Supreme Court at

Nagpur.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as

follows:—

1. This Act may bo called the Supreme Court of India (Establishment of a Permanent

Short title.

Bench at Nagpur) Act. 2000.

2.There shall be established a permanent Ben

Establishment

of a permanent

Bench of

Supreme Court

at Nagpur.

and such number of Judges, as the Chief Justice of India may from time to time determine,

shall sit at Nagpur in order to exercise the jurisdiction and power for the time being vested

in the Supreme Court in respect of cases arising in the southern, central and western

States of the country.

STATEMENT OF OBJECTS AND REASONS

There has been a long standing demand for setting up of a permanent Bench of Supreme Court of India at Nagpur by the lawyers and the litigant public of the western, central and southern Stales of India. After Delhi, Nagpur is considered as the second capital of the country. It was the capital of Madhya Pradesh till 1956. Geographically, it is situated in the centre of the country. That is why, it is easily accessible from all directions. Establish- ment of a Bench of Supreme Court will facilitate the people living in western, central and southern States. It was the city from where our national leaders gave the clarion call for the Satyagarah during our freedom struggle. Litigants have to travel from western, central and southern States to Delhi even for small relief from the Supreme Court which involves enormous expenses and wastage of time. Since Nagpur is situated at a central location, it will be convenient for the persons living in neighbouring and southern States to reach there without much hardship.

Therefore, in order to minimise the problems of litigant public, it is proposed to establish a Bench of the Supreme Court at Nagpur.

NEW DELHI;

VILAS MUTTEMWAR June 26, 2000.

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for the establishment of a permanent Bench of the Supreme Court of India at Nagpur. The Bill, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India. It is not possible to estimate, at this stage, the exact amount of expenditure that will be involved.

However, a recurring expenditure of about rupees one crore is likely to be involved.

A non-recurring expenditure of about rupees fifty lakh may be involved for the construction of building of the Court, etc. and appointment of some staff members.

BILL No. 183 OF 2000

A Bill to provide for compulsory registration of all marriages in the country.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—

1. (/)This Act may be called the Compulsory Registration of Marriages Act, 2000.

(2) It shall come into force at once.

Short title, commencement and application.

(J) It shall apply to all the citizens of the country irrespective of their caste, colour or creed.

2. Every marriage performed after the commencement of this Act shall be compulsorily registered.

Compulsory registration of marriages,

Authority for registration of marriage.

3. All marriages shall be registered in the office of the competent officer/authority with such particulars as may be prescribed by the State or the Central Government in all rural and urban areas.

Declaration of the lime of registration.

4. The bride, bridegroom and their parents shall make a declaration at the time of registration of the marriage in the form of affidavit that they have not violated any provision of any existing law relating to marriage, prohibition of dowry and prohibition of polygamy, applicable to them.

5. (/) It shall bo the duty of the bride, bridegroom and their parents or guardians to get

the marriage registered within five days of solemnisation of the marriage.

Duty of

parent*, etc.

to regiitration

and penalty

for failure.

(2) In case the parents or guardians of the bride and the bridegroom fail to apply for the

registration within the prescribed time they shall be punished with imprisonment for a term of

one month or with fine which shall not be less than one thousand rupees, or with both.

Legal status. 6. Notwithstanding anything contained in any other law for the time being in force, a

marriage which is not registered under this Act, shall not be treated as a valid marriage and

shall be declared as null and void.

7. The Central or the State Government, as the case may be, may frame rules for

Power to

make rale*.

carrying out the purposes of this Act.

STATEMENT OF OBJECTS AND REASONS

There is no record of marriages performed in our country. Many cases of bigamy have

been reported in newspapers. Many cases of desertion of women for dowry, etc. have also

been reported. These cases are increasing due to non-registration of marriages.

A women will have legal recourse once the marriage is registered. The registration of marriages

will also check the subsequent marriages without dissolution of earlier marriages.

Hence this Bill.

NEW DELHI;

G.S.BASAVARAJ

November 6,2000.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 7 of the Bill empowers the Central Government to make rules for carrying out

the provisions of the Bill. As the rules to be made will relate to matters of detail only, the

delegation of legislative power is of a normal character.

BILL No. 186 OF 2000

A Bill further to amend the Official Languages, Act, 1963.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—

1. (/) This Act may be called the Official Language (Amendment) Act, 2000.

(2) It shall come into force at once.

Short title and

commence-

ment.

2. In section 3 of the Official Languages Act, 1963, hereinafter referred to as the 19 of l%3.

Amendment

of section 3.

Principal Act, for sub-section (4), the following sub-section shall be substituted, namely:—

"(•/) Without prejudice to the provisions of sub-section (7) or sub-section (2) or sub-section (3), the Central Government:—

(a) may by rules made under section 8, provide for the language or languages to be used for the official purpose of the Union, including the working of any, Ministry, Department, section or office; and

(b) shall, by notification in the official Gazette, direct the use of a language

or languages other than English or Hindi language and mentioned in the Eighth

Schedule to the Constitution, which is spoken by at least ten percent, of the

population of a State or a Union territory as a whole or of a district thereof or of

a municipality, tehsil or taluk of a district, for specified official purposes by

Offices, sub-offices, attached offices or undertakings located in the State or

Union territory or in the district, municipality, tehsil or taluk thereof, as the

case may be,

and in making such rules or notifications, as the case may be, consideration shall be given to the quick and efficient disposal of the official business and the interests of the general public, and, in the case of notifications under clause (b), to the interests of the local pupulation and to the need for effective public contact and public information and in particular, the rules or notification so made shall ensure that persons serving in connection with the affairs of the Union and having proficiency either in Hindi or in the English language may function effectively and that they are not placed at a disadvan- tage on the ground that they do not have proficiency in both the languages.

3. After section 3 of the Principal Act, the following section shall be inserted, namely:— Insertion of new section JA "3A. (1) Translation in languages mentioned in the Eighth Schedule to the Constitution shall be published in the official Gazette under the authority of the President—

(a) of all Central Acts or Ordinances promulgated by the President; and

(A) of all the rules, regulations, orders or byelaws instead under the Constitution and under the Central Acts, or Ordinances,

Authorised translation of Central Acts, etc in languages specified in tighlh Schedule to the Constitu- tion.

and such translations shall be deemed to be authoritative text, thereof in the language concerned.

(2) In correspondence with the public, petitions/representations shall be replied to by

the Central Ministries, Departments, sections, offices, sub-offices, attached offices or

undertakings in the language of the petition/representation, wherever possible.

STATEMENT OF OB JECTS AND REASONS

Central Government has departments, subordinate and attached offices and undertak-

ings located throughout the country. Therefore, in the interest of the local population and for

the purposes of effective public contact and public information, it is necessary that in

addition to Hindi or English, local language should also be utilized.

The Bill provides that in such places where at least ten percent of the pupulation speak

a language or languages mentioned in Eighth Schedule to the Constitution, such language

shall also be utilized for specified official purposes. These purposes and the places can be

specified by notifications issued from time to time.

The Bill also provides for translations of all Central Acts, ordinances rules, regula-

tions, orders and byelaws in all languages mentioned in Eighth Schedule to the Constitution.

There is also a provision that replies to petitions/representations received from public, shall

be in the language of the petition/representation, wherever possible.

NEW DELHI;

, G.M. BANATWALLA

November 6,2000.

FINANCIAL MEMORANDUM

Clause 2 of the Bill requires the Central Government to provide in addition to the present requirement of section 3(4) of the Act, for the use of a languages or languages spoken by at least ten percent of the population of a place for a place for official purposes in the Central Government offices and undertakings located at the place. In that case, forms, etc. used in the Central Government offices of such areas will have to be printed in such language. The necessary infrastructure will laso have to be provided.

Clause 3 of the Bill provides for translation of all Central Acts, ordinaces, etc. in all the languages specified in the Eighth Schedule to the Constitution. It also provides that peti- tions/representations received from the public shall be replied in the language of the peti- tion/representation, wherever possible.

The Bill, if enacted, will, therefore, involve additional expenditure from the Consoli- dated Fund of India. It is likely to involve an annual recurring expenditure of rupees fifteen lakhs.

A non-recurring expenditure of about rupees ten lakhs is also likely to be involved

from the Consolidated Fund of India.

BILL No. 185 OF 2000

A Bill to restrict expenditure on marriages.

BE it enacted by Parliament in Fifty-firstYear of the Republic of India as follows:—

1. (/) This Act may be called the Marriage (Restriction on Expenditure) Act, 2000.

(2) It shall come into force at once.

Short title,

commence-

ment and

application.

(3) It shall apply to all citizens of India irrespective of their caste, colour or creed.

2. On and from the date of commencement of this Act, no person shall:—

(i) spend more than rupees fifty thousand on the occasion of a marriage;

Restriction

on marriage

expenses.

(ii) arrange decoration, orchestra or display pomp and show on the occasion of a marriage;

(iii) accept any gift, cash or in kind, for himself or for any other person on the occasion of the marriage;

(iv) invite more than twenty five persons in total on the occasion of the marriage;

(v) spend lavishly on food items.

Over-riding

effect.

3. The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law rule or regulation in relation to performance of marriage for the time being in force.

4. The Central Government may, by notification in the Official Gazette, make rules for Power to moke rules. carrying out the provisions of this Act.

STATEMENT OF OB JECTS AND REASONS

Marriages in our country are performed lavishly and lakhs of rupees worth cash and kind exchanges hands between the parents of both bride and the bride-groom. A lot of money is spent on illumination and tents which nearly cost from rupees sixty thousand to rupees one lakh. The feast, catering and entertainment requires much more money. This lavish spending on marriages has become competitive and its effect on poor people is causing great burden. In order to meet huge marriage expenses, a person having two or more daughters is compelled to indulge in corrupt practices. This is one of the reasons for the menace of all pervasive corruption in our country. Even with so much of spending on marriages, there have been increasing cases of dowry deaths. It is high time that a legislation is enacted to restrict expenditure on marriages which will have salutary effect in curbing corruption and atrocities on women.

According to an estimate, our countrymen spend a whopping amount of rupees four lakh ninty five thousand crore annually on weddings. Hence a check on lavish expenses during marriages is essential. The Bill accordingly seeks to achieve the above objective.

G. S. BASAVARAJ

NEW DELHI; November 6, 2000.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 4 of the Bill empowers the Central Government to frame rules for carrying out the purpose of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.

BILL No. 160 OF 2000

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:

Short title. 1. This Act may bo called the Constitution (Amendment) Act, 2000.

2, In article 248 of the Constitution, for clause (1), the following clause shall be

substituted, namely:—

Amendment

of article

248.

"(1) The Legislature of a State has exclusive power to make any law with respect to any matter not enumerated in the Union List or Concurrent List.".

3. Article 249 of the Constitution shall be omitted.

Omission of

article 249.

4. In article 251 of the Constitution, for the words "articles 249 and 250", the words 'article 250" shall be substituted.

Amendment

qf article

251.

5. In article 252 of the Constitution, for the words "articles 249 and 250", the words

Amendment

Of article 252.

"article 250" shall be substituted.

6. In the Seventh Schedule to the Constitution,—

(0 in List I — Union List, entry 97 shall be omitted;

Amendment

of the

Seventh

Schedule.

(if) in List II — State List, after entry 66, the following entry shall be inserted, namely:—

"67. Any other matter not enumerated in List I or List III including any tax not mentioned in either of those Lists.".

STATEMENT OF OB JECTS AND REASONS

A time has come when the Centre-State relations need to be strengthened by judi- cious redistribution of legislative and executive powers between the Centre on the one hand and the States on the other. States autonomy has to be enlarged so as to enable them to shape and enhance their economic progress without depending on the largesse given by the Centre. In a democratic set-up, it is essential that the State Legislatures and Governments must have sufficient freedom and powers to fulfil the mandate and desires of the people electing them. Denial of this reduces the constituent federal units to the status of dependencies. It is, therefore, considered necessary that the residuary powers of legisla- tion in relation to subjects not enumerated in the Union List or the Concurrent List should vest in the States rather than the Centre as at present. The power of Parliament to interfere in the matters mentioned in the State List should also be done away with. The present Bill seeks to achieve these objectives.

NEW DELHI;

SURESHKURUP October 25,2000.

BILL No. 175 OF 2000

A Bill to set up a Commission to identify and deport illegal immigrants in the country.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as

follows:—

1. (I) This Act may be called the Illegal Immigrants (Identification and Deportation) Act, 2000.

Short titte, ex-

tent and Com-

mencement.

(2) It extends to the whole of India.

(3) It shall come into force at once.

Definition. 2. In this Act 'illegal immigrant* means any person who comes to India without any proper and valid document issued by the designated Authority of the Government of India.

3. The Central Government shall set up a Commission to be known as the National

Commission for identification and deporting illegal immigrants (hereinafter to be known

as National Commission).

National Com-

mission for

identification

and deponing

illegal immi-

grants.

4. (7) The National Commission shall consist of:—

(0 a Chairman who shall be a retired Judge of the Supreme Court to be appointed by the President of India; and

(j'O two other members to be appointed by the President of India.

(2) The Chairman and other members shall hold office for a term of five years and

shall be entitled to such salaries and allowances as may be determined by the Central

Government

5. The Central Government shall also set up a 'State Commission' for a State or a

State

Commission.

group of States for identification and deportation of illegal immigrants.

6. (/) Every State Commission shall consist of:

(i) a Chairman who shall be a retired Judge of High Court; and

(ii) four other members.

(2) The Chairman and other members of the State Commission shall be appointed by the Central Government in consultation with the Chairman of the National Commission.

Appointment,

term and

salary of

Chairman and

other

members of

State

Commission.

(5) The Chairman and the other members shall hold office for a term of five years

and shall be entitled to such salaries and allowances as may be determined by the

Central Government.

7. Every State Commission shall perform the following functions, namely:—

(i) to carry out necessary exercise to identify illegal immigrants and their

Duties of

the State

Commission.

nationality in their respective area;

(i7) to prepare and send list of all illegal immigrants in their respective area to the District Administration;

8. The National Commission and every State Commission shall exercise the powers Powers of the Commission.

if a civil court in regard to discharge of its functions.

9. The Commission shall direct the respective State Government to:—

(0 stop all assistance enjoyed by the illegal immigrants immediately;

Commission

to direct the

State

Government,

(ii) impound the ration card in the possession of illegal immigrants;

(Hi) terminate the services of illegal immigrants, in case such immigrants are employed in any public sector and inform persons concerned in case they are em- ployed in private sector;

(iv) take such necessary action to recover loans borrowed by illegal immi- grants;

(v) facilitate speedy hearing of cases against illegal immigrants; and

(vj) take immediate action for deporting them to the countries of their origin.

10. The State Government shall take such action as directed by the National Commis-

sion within three month.

State Govern-

ment to take

action on di-

rection of the

Commission.

11. (i) Any person, who has any complaint against a decision of any State Commis- sion, shall be entitled to represent to the National Commission, who shall hear the same and dispose it of within one months.

Representa-

tion to the

National

Commission.

(ii) Every applicant, who represents to the National Commission under clause (i), shall be given an opportunity of being heard before disposing of such application by the National Commission.

12. The State Commission and the district administration shall ensure that no incon- venience is caused to any bona fide citizen of the country during the enforcement of the provisions of this Act,

No inconven-

ience to be

caused to bona

fide citizens.

13. The Central Government may, by notification in the Official Gazette, make rules Power to make rules.

for carrying out the provisions of this Act.

STATEMENT OF OB JECTS AND REASONS

In our country, there are lakhs of illegal immigrants who have come from many countries. Our country is poor and cannot afford to feed the immigrants. There have been complaints that these people indulge in criminal activities. They take the share of benefits which would have been otherwise available to bonafide citizens. They harass the genuine citizens and usurp their rights.

It is, therefore, proposed to set up a Commission to identify and deport illegal immi- grants to the countries of their origin. Due care will be taken not to harass bonafide citizens.

Hence this Bill.

ANANT G ANGARAM GEETE NEW DELHI;

November 8, 2000.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for setting up of the National Commission for identifi- cation and deporting of illegal immigrants from the country. Clause 4 provides for salaries and allowances payable to the Chairman and other members of the Commission. Clause 5 provides for setting up of State Commission for a State or a group of States and clause 6 provide for salaries and allowances payable to the Chairman and other members of State Commission.

The Bill, if enacted, will involve expenditure from the Consolidated Fund of India. It is likely to involve a recurring expenditure of about one crore per annum.

A non-recurring expenditure of about rupees ten crorc is also likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 3 of the Bill empowers the Central Government to frame rules for carrying out the purposes of the Bill. Since the rules relate to matters of detail only, the delegation of legislative power is ot a normal character.

BILL No. 210 OF 2000

A BUI further to amend the Factories Act, 1948.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as

fniinws-—

1. (7) This Act may be called the Factories (Amendment) Act, 2000.

Short title, and

commencement.

(2) It shall come into force at once.

63 of 1948. 2. In section 51 of the Factories Act, 1948 (hereinafter referred to as the principal

Act), for the words "forty-eight", the words "thirty-six" shall be substituted.

Amendment

of section

51.

3. In section 54 of the principal Act, for the word "nine", die word "seven" shall be

substituted.

Amendment

of tectlon

54.

4. In section 55 of the principal Act,—

(/) in sub-section (V), for the word "five", the word "four" shall be substi-

Amendment

of section

55.

tuted;

(") hi sub-section (2), for die word "six", the word "five" shall be substituted.

5. In section 56 of the principal Act,-—

(t) for the words "ten and a half11, the words "eight and a half" shall be

Amendment

of section

56,

substituted;

(I'I) the proviso shall be omitted.

6, In section 59 of the principal Act, in sub-section (7),—

(") for the word "nine", the word "seven" shall be substituted;

Amendment

of section

59.

((I) for the words "forty-eight", the words "thirty-six" shall be substituted.

7. In section 67 of the principal Act, for the word "fourteenth", the word "eighteenth"

shall be substituted.

Amendment

of section

67.

STATEMENT OF OBJECTS AND REASONS

Before the Factories Act came into force in 1948, the working hours for the labourers in the country were up to 10—12 hours per day but the working hours were reduced since the Factories Act came into force. With the technical advancements and developments, labourers have to work with more efficiency, concentration and diligence than ever before. To make up for the hard work, they need more time for leisure, recreation, etc;., in order to recharge themselves.

So with the improvements, changes and automation and equipments it would not be proper both from human and social aspects to continue with old norm of eight hours per day. In fact the working hours should be reduced from eight to six hours in order to increase the number of shifts in factories from present three to four. This will be beneficial as a large number of unemployed persons can be given employment in factories if the shifts are increased.

Therefore, in order to provide for welfare of labourers and to mitigate the unemploy- ment problem to some extent it is proposed to amend the Factories Act, 1948 suitably.

NEW DELHI;

BAL KRISHNA CHAUHAN November 8, 2000.

FINANCIAL MEMORANDUM

Clauses 2 to 6 of the Bill provides for reduction in the working hours of the workers which will result in the factories running in four shifts instead of three shifts and a conse- quent increase in the number of workers. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India in respect of payment of wages, etc. la the workers. It is estimated that an annual recurring expenditure of about rupees one crorc is likely to be involved.

A non-recurring expenditure of about rupees two crore is also likely to be involved.

BILL NO. 202 OF 2000

A Bill further to amend the Commission of Inquiry Act, 1952.

BE it enacted by Parliament in the Fifty-firstYear of the Republic of India as follows:—

1. (/) This Act may be called the Commission of Inquiry (Amendment) Act, 2000.

Short title, and

commencement

(2) It shall come into force at once

⁶⁰ of ¹⁹⁵² 2, In section 3 of the Commission of Inquiry Act, 1952, after sub-section (4), the

Amendment

of section 3

following sub-sections shall be insened, namely —

"(5) Where a report of the Commission laid before each House of Parliament or, as the case may be, the Legislature of the State in accordance with sub-section (4), discloses or indicates any cnminal offence and where no legal action has already been taken on such criminal offence, the appropriate Government, shall immediately and effectively commence the required action including taking every legal action or process, taking cognizance of any complaint or offence, making of arrests, re-opemng of closed investigations, and taking of action against corruption, brutality, dereliction of duty, malafide exercise of authority and delinquency in the handling of cases by officers and policemen

Explanation. Where a report of a Commission has already been laid before each House of Parliament or, as the case may be, the Legislature of the State, before the commencement of this Act, the word "immediately" in this sub-section shall mean immediately after coming into force of this Act.

2 of 1974

(6) Notwithstanding anything contained in sections 468 and 469 of the Code of Criminal Procedure, 1973 or in any law or public service manual of the Union, All- India or a State service, no action pursuant to sub-section (5) shall be vitiated by any consideration of the action being a delayed or belated action or action being barred by lapse or expiry of the period of limitation

(7) It shall be the personal responsibility and duty of the highest police officer of the State and of the district concerned to comply completely with the requirements of sub-section (5) and any failure to do so shall be punishable with imprisonment of either description, for a term which may extend to three years20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

STATEMENT OF OB JECTS AND REASONS

A report of a Commission appointed under the Commission of Inquiry Act, 1952 and

laid before each House of Parliament or, as the case may be, the Legislature of a State in

accordance with sub-section (4) of section 3 of the Act, disclose or indicate the Commission

of criminal offence. Where no legal action has already been taken on such criminal offence,

there is need to provide that the appropriate Government shall immediately commence the

required action thereon and that no such action shall be barred by any consideration of the

period of limitation.

The Bill seeks to amend the Commission of Inquiry Act, 1952 to make the aforesaid and

other consequential amendments of important nature.

G.M. BANATWALLA

NEW DELHI;

November 10,2000.

BILL No. 199 OF 2000

A Bill Further to amend the Representation of the People Act, 1951.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—

1. This Act may be called the Representation of the People (Amendment) Act, 2000. Short title.

43 of 1951. 2. In sub-section (/) of section 77 of the Representation of the People Act, 1951,

Amendment

of Section 77.

(j) for Explanation (1) the following Explanation shall be substituted, namely:—

Explanation (/).—Any expenditure incurred by a political party on its propa- ganda highlighting its achievements and/or failures of its rival party or parties shall not form part of the expenditure incurred by a candidate in his election unless it is exclusively attributable to him and of which he knowingly takes advantage in promo- tion of his election prospects.".

(if) Explanation (3) shall be omitted.

STATEMENT OF OBJECTS AND REASONS

Section 77(1) of the Representation of the People Act, 1951 requires every candidate at an election to the House of the People or a State Assembly to keep a separate and correct account of all expenditure incurred or authorized by him or by his election agent between the date on which he was nominated and the date of declaration of the result of election. If the total of such expenditure exceeds the amount as prescribed under sub-section (3) of the said secton 77, it is treated as a corrupt practice under section 123 of that Act and it results in his election being declared void. This salutary provision was incorporated into law to ensure that the purity of the election process was not tarnished by money power. However, in 1974, Explanation (1) and in 1975, Explanation (3) to the said sub-section (1) of section 77 were inserted to the effect that expenditure incurred or authorized by a political party or by any other association of persons or by friends and supporters and also expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done for any candidate by a person in the service of the Government in discharge or purported discharge of his official duty shall not be deemed to be expenditure incurred or authorized by the candidate or his election agent. These explanations were inserted in the wake of the Supreme Court judgment in KanwarLal Gupta vs. AmarNath Chawala [1975 (3) SSC646] declaring such expenses as inclusive.

As observed by the Supreme Court in Gadakh Yashwantrao vs. Balasaheb Vikhe Patil [ 1994( 1) SCC682] the exceptions provided in the Explanations mentioned above lead to escape route from the provision of ceiling on election expenditure of a candidate. "It is a lacuna in the law and it is for the Parliament to fill it lest the impression is reinforced that its retention is deliberate for the convenience of every one", observes the Supreme Court. It is therefore necessary to close this escape route so as to lessen, if not remove altogether, the impact of money power in elections to Parliament and State Legislatures.

Hence this Bill.

NEW DELHI;

HANNAN MOLLAH October 20, 2000.

BILL No. 216 OF 2000

A BUI further !o amend the National Highways Act, 1956.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—

l.This Act may be called the National Highways (Amendment) Act, 2000. Short title.

Amendment

of Section 5.

48 of 1956 2. Section 5 of the National Highways Act, 1956, shall be re-numbered as sub- section (/) thereof and after sub-section (/) as so re-numbered, the following sub-section shall be inserted, namely:—

"(2) Subject to any other arrangement made by the Central Government under

the authority of this Act for development, maintenance of whole or any part of a

national highway, where a railway line or railway track crossing a national highway,

it shall be the responsibility of the administration of that railway to construct and

maintain in proper repair, three hundred metres of such national highway on either

side of the railway line or track:

Provided that if such a crossing falls within the jurisdiction of a Municipal

Committee, Corporation, Cantonment Board or any other statutory authority, the

length of such approach roads which shall be maintained by the railway administration

shall be determined by mutual agreement between the railway administration and

such Municipal Committee, Corporation, Cantonment Board or statutory authority

but the railway administration shall not be absolved of their responsibility for the

proper maintenance of such approach roads.

(5) It shall also be the responsibility of the railway administration to construct

and maintain over-bridges or under-bridges, as the case may be, at such railway

crossing.

(4) Notwithstanding anything contained in section 2 or in any other law for the time being in force, the portion or the national highways referred to in sub-section (2) shall, for the purposes of this section, vest in the railway administration concerned.".

STATEMENT OF OB JECTS AND REASONS

It is the common experience of the travelling public on the highways that traffic is unduly held up at railway level crossings, particularly at those located within the local limits of cities and towns. This causes considerable loss of time and money to the users of national highways besides causing traffic jams dislocating movement of other related UarTic, air-pollution and wastage of precious fuel. The Railway level crossings are also prone to cause serious accidents and health hazard and remain a threat to life and property of ihe road users. Railways may therefore be made responsible for construction and maintenance of over-bridges/under-bridges at such railway level crossings instead of leaving this work to State Governments or local administration who do not always have adequate funds.

Hence this Bill.

HANNANMOLLAH

NHW DFIJU;

October 10, 2000.

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides that the railway administration shall construct and maintain three hundred metres of such national highway on either side of the railway line or track which crosses a national highway and shall also construct and maintain over- bridges or under-bridges at such railway crossings. The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of India. It is likely to involve a recurring expenditure of about rupees two crore per annum.

It is also likely to involve a non-recurring expenditure of about rupees

fifty lakh.

BILL No. 213 OF 2000

A Bill to provide for the payment of unemployment allowance to the unemployed

persons and for matters connected therewith.

BE It enacted by Parliament in die Fifty-first Year of the Republic of India as follows:—

1. (/) This Act may be called the Payment of Unemployment Allowance Act, 2000.

Short title,

extent and

oommmocment

(2) It extends to the whole of India.

(5) It Shall come intoforceon such date as the Central Government may, by notification

in the Official Gazette, appoint and different dates may be appointed for different States and

Union territories.

Definition!. 2. In this Act, unless the context otherwise requires,—

(a) 'allowance' means the monthly payment to be made to an unemployed

person under this Act;

(b) 'unemployed person' means any adult person who has no means of livelihood and whose name is registered in an employment exchange; and

(c) 'prescribed' means prescribed by rules made under this Act.

3.(7)Everyunempk>yedperMnshaUbecntidedtoth"payme^

at a rate and subject to such conditions, as may be prescribed after consulting the

Governments of the States and Union territories.

Unemploy-

ment

allowance to

unemployed

persona.

(2) While fixing the rates of allowance under clause (1), educational qualification, skill, experience and other relevant conditions of the unemployed person shall be taken into consideration.

4. The Central Government shall bear eighty percent of the total expenditure incurred

on the payment of unemployment allowance under this Act and the rest of the expenditure

shall be met by the respective State Governments and Union territory Administrations.

Central

Government to

bear eighty

percent of total

expenditure.

5. (/) The Central Government may, by notification in the Official Gazette, make rules Power to make rules.

for carrying 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) the maximum and minimum amount of allowance payable under section 3 depending on the qualification of the applicant;

(b) manner of making application for payment of allowance;

(c) requirements which an applicant for payment of allowance may fulfil, such as educational qualifications, skill, experience, etc.

(d) such other matters which may be necessary to prescribe for carrying out the provisions of this Act.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or 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 rules 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.

STATEMENT OF OBJECTS AND REASONS

The problem of unemployment has assumed alarming situation in our country particularly in rural areas of economically backward regions. This has caused and is causing aggravated frustration amongst younger generation. Their energy is not being utilised for building the nation. They, driven to extreme desperation and deprivation, take to the path of violence and crime. Empty sermons of morality, ethics, nationalism, religious discourses and pious assurances of social, political and religious leaders are unable to check the trend of youth taking to violence and criminality. It is imperative for the political leadership of the country to take urgent corrective measures to generate employment opportunities for the youth but in the nature of things it is a long process before projects and schemes throw up adequate employment opportunities to the young men and women. Alternative to this is that the country should bear the burden of paying some unemployment allowance to the unemployed persons till they get employment enabling them to earn their daily bread. The Bill seeks to achieve the above objective.

NEW DELHI;

HANNANMOLLAH November2,200O.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for payment of unemployment allowance to unemployed persons in the country Clause 4 provide that the Central Government shall bear eighty percent of the total expenditure incurred on the payment of unemployment allowance and rest of expenditure shall be borne by the respective State Governments and Union territory administration.

The Bill, therefore, if enacted will involve expenditure from tho Consolidated Fund of India It is estimated that a sum of about rupees two thousand crore per annum will be involved as a recurring expenditure out of the Consolidated Fund of India.

Non-recurring expenditure will be insignificant.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 5 of the Bill empowers the Central Government to frame rules for carrying out the provisions of the Bill. The delegation of legislative powers is of a normal character.

BILL No. 189 OF 2000

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as

follows:—

Short tide. 1. This Act may be called the Constitution (Amendment) Act, 2000.

2. In article 200 of the Constitution,—

Amendment

of article 200.

(i) the words "or that he reserves the Bill for the consideration of the President"

shall be omitted; and

(ii) the second proviso shall be omitted.

3. Article 201 of the Constitution shall be omitted.

OmUaion of

article 201.

STATEMENT OF OB JECTS AND REASONS

Articles 200 and 201 of the Constitution empower the Governor to reserve Bills

passed by the Assembly for President's assent. Over the years in actual practice this has been

a constant irritant in otherwise harmonious Centre-State relationship. In fact, Centre's

intervention has been an obstacle in bringing about social and economic reforms, in

particular land reforms, through progressive legislation passed by the democratically elected

State Assemblies in accordance with the mandate and desire of the people. These provisions

have proved to be undemocratic and militate against spirit of true federalism.

For progress and development of States, it is necessary that the State Legislatures

must have final say in matters falling under their legislative sphere.

Hence this Bill.

NGWDGLK;

HANNAN MOLLAH

November 1,2000,

BILL No. 214 OF 2000

A Bill to provide for the abolition of child labour and for matters connected therewith.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—

1. (7) This Act may be called the Abolition of Child Labour Act, 2000.

Short title

and extent.

(2) It extends to the whole of India.

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

(a) "appropriate Government" means the Central Government or the State Government as the case may be;

(b) "child" means a person who has not completed his eighteenth year of age;

(c) "employer" means a person who engages a child in a job or an employment and who has the ultimate control over the affairs of an establishment including shops, houses, agriculture or any other work.

3. Child labour in any form in any employment is hereby abolished.

Abolition of

child labour.

4. Whosoever engages a child in any employment shall be punished with Punishment for violation of the Act.

imprisonment for a term which shall not be less than two years or with a fine which shall not be less than rupees five thousand.

Vanishment for

not rcgUiaring

CMtt.

5. If any officer responsible for registering cases for violation of this Act shall be

punished with imprisonment for a term of two years or a fine of rupees two thousand or with

both.

6. The provisions of this Act or rules made thereunder shall be in addition to and not

in derogation of any other law for the time being in force.

ProWiioni of

Act not in

derogation of

any other liw

for the time

bolag in focce.

7. The Central Government may, by notification in the official Gazette, make rules for

Power to nuke

rulm.

carrying out the provisions of this Act

STATEMENT OF OB JECTS AND REASONS

Although the Constitution prohibits the employment of children below fourteen

yews of age in any factory or, mine or, in any hazardous industry, a number, of children are

forced by their parents to go for work and these children are thus deprived of education

because of poverty. It is the duty of the Government to provide for free education to the

children.

It is also a matter of grave concern that children are forced to beg by their parents,

guardians, gangleaders and others.

Children are engaged in glass factory, carpet factory, household and shops and in

agriculture. The existing legislation is not effective as it does not give any deterrent

punishment for employment of children. Therefore, it is high time that child labour is

completely abolished in the country and this will force the parents to send their children to

schools and thus illiteracy will be removed from the country. It will also help the child to

develop and take active part in the welfare of the country.

Hence this Bill.

NEW DELHI;

G. S. BASAVARAJ

November 15, 2000.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 7 of the Bill empowers the Central Government to make rules for carrying out

the provisions of the Bill. As the rules to be made will relate to matters of detail only, the

delegation of legislative power is of a normal character.

BILL No. 201 OF 2000

A Bill further to amend the Land Acquisition Act, 1894,

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as

follows:—

Short title.

>f IHQJ 1. This Act may be called the Land Acquisition (Amendment) Act, 2000.

2. In section 4 of the Land Acquisition Act, 1894, after sub-section (1), the following Amendment of Section 4 proviso shall be inserted, namely:—

"Provided that no Land Acquisition Authority shall have or be deemed to ever have any jurisdiction to issue notification in respect of any piece of land, with or without super-structure thereon, belonging to any community or denomination thereof, and set apart for worship or for religious and charitable purposes as wakf or for the performance of funeral rites or as depository for the remains of the dead, including the site of temple, mosque, church, gurdwara, synagogue, idgah, imambara, ashoorkhana, grave, tomb, sepulchre, graveyard, cemetry, marghat and tower of silence, etc., and the land appurtenant thereto as well as the means of access to the same.".

STATEMENTOFOBJECTS AND REASONS

The Land Acquisition Act, 1894 contains no explicit bar to acquisition of properties

of religious significance. Attempts at such acquisition have created serious apprehensions

and agitations among members of religious communities. The Bill, therefore, seeks to bar

explicitly all such acquisitions. The protection is extended to all such land with or without

any structure thereon, as may belong to any community or denomination thereof, and as may

be set apart for worship or for religious and charitable purposes as wakf or for the perfor-

mance of funeral rites or as depository for the remains of the dead.

NEW DELHI;

q. M. BANATWALLA

Novttitber 70,2000.

BILL NO. 206 OF 2000

A Bill to provide for setting up of a Bureau for determination of prices of products

manufactured in the private sector and for matters connected therewith.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as

follows:—

1. (/) This Act may be called the Consumer Protection (Price Determination of the

Products Manufactured in the Private Sector) Act, 2000.

Short title,

extent and

commence-

ment.

(2) It extends to the whole of India.

(5) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint

Definition!.

2. In mis Act, unless the context otherwise requires,—

(a) 'prescribed' means prescribed by the rules made under this Act;

(b) 'private sector' means production of goods by agencies which are not under

the control of the State;

(c) 'product' means and includes any goods including any grocery hem, including

oil, ghee, milk, bread, any cosmetic item, or any such item which is used for dairy use by

common public but does not include vegetables, seasonal fruits and finished goods or

services; and

(d) 'State' means the Government of the Union or of a State or bodies solely under their control.

3. Notwithstanding anything contained in any other law for the time being in force, the State shall determine the price of the products manufactured in the private sector through an Agency set up under section 4.

Price determi-

nation of the

products

manufactured

in the private

sector.

4. (/) The State shall establish, for achieving the object mentioned in section 3, an

Agency to be called the 'Bureau for the price determination of the products manufactured

in the Private sector' (hereinafter referred to as Bureau) on the pattern of the Bureau of

Indian Standards meant for quality control.

(2) lite bureau shall consist ot such number of officers and staff, as may be prescribed,

Establishment

of the Bureau

for the price

determination

of products

manufactured

in the Private

Sector,

for carrying out the functions of the Bureau.

5. (J) The Bureau shall determine the prices of products manufactured in the private sector.

(2) The Bureau may, before fixing the prices, take into relevant factors especially,—

(i) quality of products;

Bureau shall

determine the

prices of

products

manufactured

in the private

sector.

(/;') demand and supply of products;

(Hi) cost of production;

(/v) loss during production;

(v) prices of accessories or which directly or indirectly affect the price factor of the products;

(vi) any other relevant factor as may be deemed necessary.

(5) The Bureau may fix different prices for different products in different States and in accordance with quality of the product.

(4) The Bureau shall from time to time after taking into relevant factors revise the prices fixed for different products. '

6. The Bureau shall cause published in newspaper, radio/television network about the prices fixed for different products.

Prices fixed lur different pnnJucts shall !ic published in news- papers, etc.

Punishment 7. If any manufacturer in the private sector contravenes any decision of the Bureau, he shall be punished with three years simple imprisonment and a fine which may extend upto rupees fifty thousand.

8. The Central Government may, by notification in the Official Gazette, make rules Power to make rules for carrying out the purposes of this Act.

STATEMENT OF OB JECTSAND REASONS

Of late, the Government of India has come out with a praise-worthy action on con- sumer protection front. It is heartening to note that the Government have brought forward several legislative measures on consumer protection. These would help consumer fight for his rights and may be helpful in checking the mal-practices and rise in price to a certain extent only. Much requires to be done.

The main purpose of bringing forward this legislation is to check the carefree attitude of the Private Sector producing bulk of the products, especially in the consumer section. There is hardly any check on their price determination. It has been seen that a one percent increase in the taxation or even for no reason, these unscrupulous manufacturers would enhance price of their products, sometimes, mani-fold. There is hardly any relationship between the quality and quantity of their product, on the one hand, and the price, on the other.

This problem is very acute in the rural areas. In villages, commodities of much infe- rior quality are being sold at exorbitant prices. Rural people are innocent by nature. They may not be able to fight this element in the private sector without some amount of effective State involvement.

In order to determine the prices of products manufactured by the private agencies, it has been proposed that a Bureau shall be set up in every State. The Bureau, apart from determining the price of products, shall also act as a check when the agencies increase that prices at their own will. Since the functions and policies of the Bureau are regulated by the Central Government, the prices of the product will be uniform throughout the country to some extent.

Hence this Bill.

NEW DELHI;

V. SAROJA

November 22, 2000.

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides for setting up of a 'Bureau for the price determination of

the products manufactured in the private sector' at the Centre and in every State. The

Bureau established by the Centre would look after the Union territories.

The BUI, therefore, If enacted, would involve expenditure from the Consolidated

Fund of India. As for setting up of Bureau in States, the respective State Governments would

incur expenditure from their Consolidated Funds.

It is estimated that an annual recurring expenditure of about rupees ten crore is likely

to be Involved from the Consolidated Fund of India.

A non-recurring expenditure of about rupees five crore is also likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 8 of the Bill gives, powers to the Central Government to make rules for carry-

ing out the purposes of the Bill. The-rules wilt relate tt> matters of detail only and as such the

delegation of legislative power U of a normal character.

BILL No. 200 OF 2000

A Bill to provide for the fixation of*vagts of domestic workers and for the improvement

of their working conditions.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as

follows:—

1. (/) This Act may be called the Domestic Workers (Conditions of Service) Bill,

2000.

(2) It extends to the whole of India except the State of Janunu and Kashmir.

Short title,

extent,

commence-

meat and

application.

(3) It shall come into force oa such date as the Central Government may, by notification

in the Official Gazette, appoint

(4) It shall apply to every individual employing one or more workers for domestic

work in his house.

Definitions.

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

(a) "domestic work" includes cootmg, house-cleaning and attending to all other

odd jobs connected with the house-hold chore;

(b) "Government" means the Central Government; and

(c) "worker" mean* any person employed for domestic work.

14 of 1947.

3. (7) The provisions of the Industrial Disputes Act, 1947, as in force for the time being,

shall, so far as applicable and subject to the modification specified in sub-section (2), apply

to, or in relation to workers as they apply to, or in relation to workmen within the meaning of

that Act.

Application

of the

proviiioiu of

the Industrial

Disputes Act,

1947.

(2) Section 25F of the aforesaid Act, in its application to workers shall be construed as

if in clause (a) thereof, for period of notice referred to therein in relation to the retrenchment

of a workman, the following periods of notice in relation to the retrenchment of a worker had

been substituted, namely:—

(a) three months in case of workers who have been in continuous service for a

period of not less than two years; and

(b) two months in case of other workers.

4. Where any worker has been in continous service, whether before or after the

commencement of this Act, for not less than one year, and—

Payment of

gratuity to

worker*.

(0 his services are terminated by the employer for any reasons whatsoever, or

(/Q he voluntarily resigns from service, or

(Jit) he dies while he is in service,

14 of 1947.

the worker or, in the case of his death, his nominee or if there is no nomination in force at

the time of the death of the worker, his heirs, as the case may be, shall without prejudice to

any benefits or rights accruing under the Industrial Disputes Act, 1947, be paid, on such

termination, resignation or death, by the employer gratuity which shall be equivalent to

fifteen days' average pay for every completed year of service or any part thereof in excess

of six months.

5. (7) The Government may, in consultation with the representatives of the workers

from amongst the Unions or Associations of the Workers, by order,—

Fixation of

wages by the

Government.

(a) fix rates of wages in respect of workers; and

(b) revise, from time to time, at such intervals as it may think fit, the rates of

wages fixed under this section.

(2) The rates of wages may be fixed or revised by the Government in respect of workers

for time work and for piece work.

Right to

wages.

6. Every worker shall be entitled to be paid by his employer wages at the rates which

shall in no case be less than the rate of wages specified in the order referred to in section 5.

7. No worker shall berequiredor allowed to work for more than eight hours during the

Hours of

work.

day exclusive of the time for meals and leisure.

Period of rwt. 8. Every worker shall be allowed during a period of seven consecutive days, a rest for

a period of not less than twenty-four consecutive hours.

9. Every worker, who has put in a service for a period of not less than six months, shall

Leave

entitlement

be entitled every year to the following leave, namely:—

Casual leave—12 days;

Sick leave—21 days;

Earned leave—1/1 lth of the number of days spent on duty.

10. Every employer of domestic workers shall prepare and maintain such registers,

records and muster-rolls and in such manner as may be prescribed.

Maintenance

of registers

and records.

Appointment

of Inipecton.

11. (1) The State Governments or the Union territory Administrations, us the case

may be, may, by notification in the Official Gazette, appoint such persons as they think fit to

be Inspectors for the purpose of this Act and may define the local limits within which they

shall exercise their powers.

(2) Every Inspector shall be deemed to be a public servant within the meaning of the

Indian Penal Code.

12. An Inspector may,—

Power of

Inipecton.

(a) require any person to produce any register, muster-roll or other documents relating to the employment of workers by him and examine such documents;

(b) take, on the spot or otherwise, the evidence of any persons for the purpose of ascertaining whether the provisions of this Act or any other Act made applicable to the domestic workers are complied with notwithstanding any other authority who may be empowered with same powers or any part thereof.

Punishment.

13. If any employer contravenes the provisions of this Act, he shall be punishable with fine which may extend to one thousand rupees notwithstanding any other punishment to which he may be liable for the contravention of any other law for the time being in force governing the domestic workers.

14. The Government may, by notification in the Official Gazette, make rules for caning Power to make roles.

out the purposes of this Act.

STATEMENT OF OBJECTS AND REASONS

Recently in Maharashtra, a legislation for welfare of domestic workers was enacted.

There arc millions of domestic servants working as maid-servants or male-servants to attend

to household and other personal work. The working conditions of these domestic servants

are miserable and primitive. They are required to work for almost 18 hours a day. There is no

protection for these workers under any statute. They are neither paid reasonable wages nor

their hours, of service are determined. They are not given any rest or leisure during the day.

They are also not provided any benefits such as gratuity, provident fund, bonus, leave with

wages, holidays, etc. Their services can also be terminated at any time without notice and

without any compensation by their masters.

The domestic servants have been agitating for better service conditions throughout

the country. It is, therefore, essential to regulate their service conditions.

Hence this Bill.

NEW DELHI;

V. SAROJA

November 22. 2000.

FINANCIAL MEMORANDUM

Clause 11 of the Bill provides that the State Governments or the Union territory

Administrations, as the case may be, may appoint such persons as they think fit to be

Inspectors for the purposes of this Act Some persons might have to1 be recruited as Inspectors

for carrying out the provisions of this Act The State Governments will incur expenditure

from their respective consolidated funds for payment of salaries and allowance*, etc. to the

Inspectors and ihc Central Government would have to incur expenditure in respect of

Inspectors appointed by the Union territory administrations from the Consolidated Fund of

India.

It is estimated that a recurring expenditure of about rupees fifty lakhs is likely to be

involved from the Consolidated Fund of India per annum.

It is also likely to involve a non-recurring expenditure of about rupees one crore.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 14 of the Bill empowers the Central Government to make rules for carrying

out the purpose of this Bill. Since the rules will relate to matters of detail only, the delegation

on legislative power is of a normal character.

BILL No. 218 OF 2000

A BUI to constitute a National Commission for Children and to provide for matters

connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-first year of the Republic of India as

follows:—

CHAPTER I

FtaliMINAKY

1. (1) This Act may be called the National Commission for Children Act, 2000.

(2) It extends to the whole of India except the State of Jatnmu and Kashmir.

Short title,

extent ud

commence-

ment.

(5) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

Definitions,

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

(a) "Commission" means the National Commission for Children constituted

under section 3;

(b) "Member" means a Member of the Commission and includes the Member-

Secretary;

(c) "prescribed" means prescribed by rules made under this Act.

CHAPTER H

THE NATIONAL COMMISSION FOR CHILDREN

Constitution

of the

.National Com-

3. (7) The Central Government shall constitute a body to be known as the National

Commission for Children to exercise the powers conferred on, and to perform the

functions assigned to it under this Act

million for

Children.

(2) The Commission shall consist of—

(a) a Chairperson to be nominated by the Central Government from a panel

of eminent persons committed to the cause of children prepared in such manner as

may be prescribed;

(b) five Members, to be nominated by the Central Government from amongst

the persons of ability, integrity and standing who have had professional experience

i n-

tO law or legislation (including Legal bodies);

(ii) administration or economic development;

(iii) health, education or social welfare;

(c) one Member-Secretary who shall be—

(i) an expert in the field of management, organisational structure or

sociological movement, or

(ii) an officer who Is a member of a civil service of the Union or of an

all-India service or holds a civil post under the Union with appropriate

experience.

4. (7) The Chairperson and every Member shall hold office for such period not exceeding three years, as may be specified by the Central Government in this behalf.

Term of office

and conditions

of service of

Chairperson

and Members.

(2) Notwithstanding anything contained in sub-section (7), the Central Government may terminate the term of office of the Chairperson or a Member at any time before the expiry of the term specified under sub-section (7) by giving to the Chairperson or the Member, notice of not less than three months in writing or three months, salary and allowances in lieu of such notice; and the Chairperson or the Member may relinquish the office at any time before the expiry of the term specified under sub-section (7) by giving, to the Central Government, notice of not less than three months in writing.

(3) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.

(4) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed.

5. (7) The Central Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act.

Officers and

other employ-

ees of the

Commission.

(2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Commission shall be such as may be prescribed.

6. The salaries and allowances payable to the Chairperson and Members and the

Administrative expenses, Including salaries, allowances and pension payable to, or in

respect of, the officers and other employees of the Commission, shall be defrayed out of

tiie Consolidated Fund of India.

Salaries And

allowance! to

be defrayed out

of the Consoli-

dated Fund of

India,

7. No act or proceeding of the Commission shall be questioned or shall be invalid on

the ground merely of the existence of any vacancy or defect in the Constitution of the

Commission.

Vacancies etc.,

not to Invali-

date proceed-

ing* of the

Commitiion,

8. (7) The Commission may appoint such committees as may be necessary for dealing

with such special issues as may be taken up by the Commission from time to time.

Committee* of

the Commit-

•ion.

(2) The Commission shall have the power to co-opt as members of any committee

appointed ut\der sub-section (7) such number of persons, who are not members of the

Commission, as it may think fit and the persons sb co-opted shall have the right to attend

the meetings of the committee and take part in its proceedings but shall not have the right

to vote.

9. (7) The Commission or a committee thereof shall meet as and when necessary and

shall meet at such lime and place as the Chairperson may think fit.

Procedure to be

regulated by

the CoramU-

lion.

(.?) The Commission shall regulate its own procedure and the procedure of the

Committees thereof.

(3) All orders and decisions of the Commission shall be authenticated by the

Member -Secretary or any other officer of the Commission duly authorised by the Member-

Secretary in this behalf.

CHAPTER HI

FUNCTIONS OF THECOMMESON

10. The Commission shall perform all or any of the following functions, namely:—

Function! of

the Commit-

(a) study, investigate and review all matters relating to the safeguards provided

tlon.

for children under the Constitution and other laws and make recommendations as to

the steps that should be taken by the Government for the effective implementation of

the safeguards so provided so as to improve the conditions of children;

(b) review, trom time to time, the existing provisions of the Constitution and

other laws affecting children and recommend amendments thereto so as to suggest

remedial legislative measure to meet any lacunae, inadequacies or shortcomings in

such legislations;

(c) take up the cases of violation of the provisions of the Constitution and of

other laws relating to children with the appropriate authorities;

(d) look into complaints and take suo moto notice of matters relating to—

(0 deprivation of children's rights;

(it) non-implementation of laws enacted to provide protection to children;

and

(Hi) non-compliance of policy decisions, guidelines or instructions aimed

at mitigating hardships and ensuring welfare and providing relief to children

and take up the issues arising out of such matters with appropriate authorities;

(e) call for special studies or investigations into specific problems or situations

arising out of discrimination and atrocities against children and identify the constraints

so as to recommend strategies for their removal;

(/) review educational policy so as to cater to the needs of technological

advancement;

(g) inspect or cause to be inspected a jail, remand home, institution or other

place of custody where children are kept as prisoners or otherwise, and take up with

the concerned authorities for remedial action, if found necessary;

(h) fund litigation involving issues affecting a large body of children;

(i) make periodical reports to the Government on any matter pertaining to children and in particular various difficulties under which children toil;

(/) any other matter which may be referred to it by the Central Government.

CHAPTER IV

RNANCE ACCOUNTS AND AUDIT

Grants by

the Central

Government.

11. (7) The Central Government shall, after due appropriation made by Parliament

by la w in this behalf, pay to the Commission by way of grants such sums of money as the

Central Government may think fit for being utilised for the purposes of this Act

(2) The Commission may spend such sums as it thinks fit for performing the functions

under this Act, and such sums shall be treated as expenditure payable out of the grants

referred to in sub-section (1).

12. (7) The Commission shall maintain proper accounts and other relevant records Accounts and

audit.

and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor General of India.

(2) The accounts of the Commission shall be audited by the Comptroller and

Auditor-General at such Intervals as may be specified by him and any expenditure

Incurred hi connection with such audit shall be payable by the Commission to the

Comptroller and Auditor-General.

(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.

(4) The accounts of the Commission, as certified by the Comptroller and Auditor- General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Commission.

Annual report 13. The Commission shall prepare, in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government.

14. The Central Government shall cause the annual report together with t Annual report

and audit re-

port to be laid

before Parlia-

ment.

memorandum of action taken on the recommendations contained therein, in so far as thej relate to the Central Government and the reasons for the non-acceptance, if any, of any oi such recommendations and the audit report to be laid as soon as may be after the reports arc received, before each House of Parliament.

CHAPTERV

MISCELLANEOUS

15. The Chairperson, the Members, Officers and other employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

Chairperson,

Members and

staff of the

Commission

to be publtc

servants.

16. The Commission shall carry out such directions as may be issued to it from time to time by the Central Government for proper and efficient functioning of the Commission.

Directions by

the Central

Government.

17. (7) The Central Government may, by notification in the Official Gazette, make

Power to

make mien.

rules for carrying 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) the manner of preparation of the panel of eminent persons under sub-section

(2) of section 3;

(b) salaries and allowances payable to, and the other terms and conditions of

service of, the Chairperson and Members under sub-section (4) of section 4 and of

- officers and other employees under sub-section (2) of section 5;

(c) allowances for attending the meetings of the Committee by the co-opted

persons under sub-section (3) of section 8;

(d) the form in which the annual statement of accounts shall be maintained

under sub-section (I) of section 12;

(e) the form in and the time at, which the annual report shall be prepared under

section 13;

(/) any other matter which is required to be or may be, prescribed.

(3) 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 any thing previously done under that rule.

STATEMENT OF OB JECTS AND REASONS

Children are the future of the country. They arc exploited in many ways. Majority of

the children do not go to schools for the simple reason that their parents are not in a position

to send them to schools due to poor financial conditions or they are greedy to such an

extent that they send their children for employment to supplement the income of the

family. As a result, majority of the children remain illiterate. Children are employed as full

time domestic servants in many households and they do not get paid for the work they

perform. The children toil for long hours for very meagre wages. The conditions at the work

place are inhuman and not worth mentioning. The employers do not care for health. Safety

and other amenities which are necessarily to be provided to the Children under the law.

Though the Constitution of India explicitly prohibits the employment of children in

hazardous industries, millions of children are employed in many factories which could

pose danger to their health.

Children are also sexually exploited. They are sold to rich men in foreign countries.

Cases of sexual abuse of children are reported almost everyday.

The education policy of the country is such that it often requires review so as to cater

to the needs of modem times and technological advancement in various spheres. The

education policy is out-dated and requires thorough change.

Even after 53 years of independence, the children never received their due attention.

It would be in the fitness of things, if their problems are addressed by the nation urgently

and with a positive approach. It would be appropriate if we set up a National Commission

for Children to address the problems of the children and to take remedial action.

The Bill seeks to achieve the above objective.

NEwDaur,

V. SAROJA

November 22, 2000.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for setting up of a National Commission for Children.

Clause 6 provides for salaries and allowances to be paid to the Chairman, Members, Officers

and other staff of the Commission. Clauses 10(h), 11 and 12(2) provide for expenses to be

met by the Commission on various items referred to in those clauses from out of the sums of

grants paid to the Commission under clause 11(1).

2. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India.

At present, it is not possible to give the exact which will be incurred out of the Consolidated

Fund of India to carry out the provisions of die Bill. However, a recurring expenditure of the

amount of rupees one hundred crore per annum is likely to be involved out of the

Consolidated Fund of India.

A non-recurring expenditure of about rupees fifty crore is also likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 17 of the Bill empowers the Central Government to make rules to carry out the

provisions of the Bill. Such rules may provide for matters, such as—

(a) the manner of preparation of the panel of eminent persons under sub-section

(2) of section 3;

(b) salaries and allowances payable to, and the other terms and conditions of

service of the Chairperson and Members under sub-section (4) of section 4 and officers

and other employees under sub-section (2) of section 5;

(c) the form in which the annual statement of accounts shall be maintained

under sub-section (1) of section 12;

(d) the form in, and the time at, which the annual report shall be prepared under

section 13;

(e) any other matter which is required to be, or may be, prescribed.

2. The matters in respect of which rules may be made are matters of procedural and

administrative detail and it is not practicable to provide for them under the Bill itself. The

delegation of the legislative powers is, therefore, of a normal character.

BILL No. 190 OF 2000

A Bill further to amend the Income-Tax Act, 1961.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as

follows:—

1. (/) This Act may be called the Income-Tax (Amendment) Act, 2000.

(2) It shall come into force at once.

Short title

and com-

mencement.

2. In section 1 of the Income-Tax Act, 1961 (hereinafter referred to as the principal 43 of 1961.

Amendment

of section 1 •

Act), for clause (5), the following clause shall be substituted, namely:—

"(3) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette appoint but that date shall not be earlier than

1st April 2003."

3. After section 1 of the principal Act, the following section shall be inserted,

Insertion of

namely:—

new section

1A.

"JA. Notwithstanding anything contained in the Income-tax Act, 1961,—

Swings.

(a) where a return of income has been filed before the commencement of

this Act by any person for any assessment year, proceedings for the assessment

of that person for that year may be taken and continued as if this Act had not

been passed;

(b) any proceeding pending on the commencement of this Act before any income-tax authority, the Appellate Tribunal or any court, by way of appeal, reference, or revision, shall be continued and disposed as if this Act had not been passed;

(c) any proceeding for the imposition of a penalty in respect of any assessment foi the year ending on the 31 st day of March, 2000, may be initiated and any such penalty may be imposed under this Act;

(d) any proceeding for the imposition of a penalty in respect of any assessment for the year ending on the 31 st day of March, 2000 or any earlier year, which is completed or after the 1 st day of April, 2000, may be initiated and any such penalty may be imposed under this Act;

(e) where, in lespect of any assessment completed before the commence- ment of this Act, a refund falls due after such commencement or default is made after such commencement in the payment of any sum due under such com- pleted assessment, the provisions of this Act relating to interest payable by the Central Government on refunds and interest payable by the assessee for default shall apply;

(/) any sum payable by way of income-tax, super-tax, interest, penalty or otherwise under the principal Act may be recovered under this Act, but without prejudice to any action already taken for the recovery of such sum under the Principal Act.

4. The Finance Act, 2000 is hereby repealed.

Repeal of

Finance Act,

2000.

5. For section 294 of the Principal Act, the following section shall be substituted, namely:—

Substitution

of new

section for

section 294.

"294. The provision of this Act shall not have effect for a period of three years from the date of coming into force of Income-Tax (Amendment) Act, 2000 and the Act shall be deemed to be inforce from the 1st April 2003 automatically.".

Abeyance of

the Act for

certain

period.

STATEMENT OF OB JECTS AND REASONS

The Income Tax (Amendment) Bill 2000 aims at providing an opportunity to make innovative introspection beginning at the lowest level of tax administration to the highest level at Centra) Board of Direct Taxes. It aims at encouraging a full-fledged debate at every quarter of taxpayers to the tax legislators in the Parliament.

The Income-tax law in our country has been an ever-changing piece of legislation. Thousands of amendments have been introduced in the last two decades. Those include even conceptual changes introduced through Finance Acts without meaningful debate. We are not even aware that our conceptual understanding has taken a circuitous route. We have travelled.

-From Provisional assessments to non-provisional assessments.

-From prima facie adjustments to non-prima facie adjustments to rectification.

-From no intimation only if no adjustment to intimation even if no adjustment in every case and now to no intimation at all.

-From rebate to straight deduction from income regime to rebate again.

Now we talk of deduction in exemptions whereas the taxpayers expect otherwise.

Every time conceptual changes were made, new ideas emerged and were put in prac- tice by both the taxpayers and the tax gatherer, giving rise to numerous litigations. The provisions for prima facie adjustments is a fine example. The Provision was abused so much so that it must have achieved a distinction of being the most litigated single section in the Income Tax Act 1961. But this was not enough, when with the help of courts the law on the subject was settled and humanized, all of a sudden it was removed totally from 1 -6-1999 for reasons not known to anybody.

Recent lapses observed and commented upon by the Comptroller and Auditor Gen- eral, in respect of Assessment etc. should leave no one in doubt that the tax gatherer has not done his work dutifully. Every provision to bring accountability for the executors has been resisted or circumvented. The much-published one-by-six scheme has not brought any addition to revenue except addition to the number. Was this the plan behind increasing the tax base? On the other hand, arrears held in abeyance in court disputes are mounting to new highs. As per the latest CAG report, taxes amounting to Rs. 44,143 crores could not be collected as these cases were kept in abeyance in courts, tribunals and revenue appellate authorities. Also, the Report states that the number of assessoes has gone up from 1.35 crores to 1.75 crores, but there is a decrease in revenue by 3.48% whicii is surprising.

Equally true is the fact that, the taxpayers are harassed in such a way that he has become panicky and has preferred to be out of the tax net for the fear of being harassed. Number of pending tax cases in courts is increasing day by day. This should convince anyone about the wide spread dissatisfaction in regards to the tax administration amongst the taxpayers and the public at large.

Professionals on their part are a confused lot. They cannot render proper advice in this ever-changing legislation. In the absence of the long term policy the law lacks stability. Voluntary Disclosure Schemes and Amnesty Schemes coming at regular intervals have not only added to the confusion but have transformed honest taxpayers to not-true-to-themselves characters. The laudabl? objective to bring the black money to the fore has never been achieved.

To sum up every component of the tax law viz. the taxpayers, the tax gatherers, the professionals and tbe legislators are not a happy lot. In other words, the change we have legislated so far. has done no credit to us parliamentarians.

Recently, the Prime Minister of Malaysia, Mr. Mathahir had declared year 1999 as

Tax-free with no corporate tax & income tax for a period of one year, resulting in increased

spending and consumption.

The Income Tax (Amendmenl) Bill is, therefore, intended to have widespread and

exhaustive (both intensive and extensive) debate on every aspect narrated earlier. To create

a better conducive environment, the Bill provides for the Income Tax Act, 1961 to remain

in animated suspension. For the next two years, let us concentrate to clear whatever is

pending. There will be no additions. We shall be able to steer clear through the meaningful

debate in this period. After two years, we start on a clean slate empowered by the conclu-

sions drawn from the debate in every quarter. The loss of revenue caused by suspension of

Income Tax Act, 1961 can be recovered by proportionate increase in indirect taxes on

selective basis.

Let there be no direct tax for the next two years and let the black money flow freely in

the country for the next two years which would lead to increased spending and consump-

tion during which we can chalk out a simplified and admissible tax structure for the people

of this country.

NEW DELHI;

PRAKASH PARANJPE

August 25,2000.

A Bill to provide far special financial assistance to the State of Uttranchal for the

purpose of promoting the welfare of Scheduled Castes, Scheduled Tribes and

Other Backward sections of People and for the development, exploitation and

proper utilization of its resources.

BE it enacted by Parliament in the Fifty-second year of the Republic of India as

follows:—

1. (J) This Act may be called the Special Financial Assistance to the State of Uttranchal

Act. 2001.

Short title

and com-

mencement.

(2) It shall come into force on such date as the Central Government may, by notifica-

tion in the Official Gazette, appoint.

Special

Financial

assistance to

the State of

Uttranchal.

2. There shall be paid such sums of moneys out of the Consolidated Fund of India,

every year, as Parliament may by due appropriation provide, as special financial assistance

to the State of Uttranchal to meet the costs of such schemes of development as may be

undertaken by the State with the approval of the Government of India for the purpose of

promoting the welfare of Scheduled Castes, Scheduled Tribes and Other Backward Sec-

tions of people or for the development, proper utilization and exploitation of the resources

in the State.

3. The provisions of this Act shall be in addition to and not in derogation of any other

law to be made by Parliament or for the time being in force.

Application

of other low*

not barred.

STATEMENT OF OBJECTS AND REASONS

Having been part of the erstwhile State of Uttar Pradesh, the region known as

Uttranchal remained socially and economically backward mainly because it was found

impracticable to administer mis region from the far away capital Lucknow. The low phase

of development in the region resulted in the agitation of the people of the region for a

separate Statehood. Ultimately, the Government of India respected the wishes of the people

of the region and a new State of Uttranchal was created.

The State of Uttranchal is socially and economically backward. Problems of poverty,

unemployment, illiteracy as well as measures for proper utilization of resources, welfare of

weaker sections in the region apd for initiating new development schemes are required to

be addressed urgently and in a time bound manner. It is, therefore, necessary that the

Central Government should provide some special financial assistance to the State of

Uttranchal for its all-round development including the welfare of weaker sections and for

the development of its vast resources. Such a step of providing financial assistance to this

newly born State would go, a long way in building this nation more and more strong.

Hence this Bill.

NewDeun;

HARPAL SINGH SATHI

December 8,2000.

BILL NO. 193 OF 2000

A Bill to amend the Persons with Disabilities (Equal Opportunities, Protection of

Rights and Full Participation) Act, 1995.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—

1. (7) This Act may be called the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Amendment Act, 2000.

Short title,

extent md

commencement

(2) It extends to the whole of India except the State of Jammu and Kashmir,

(i) It shall come into force at once.

Insertion of

1 of 1996.

new lection

68A,.

2. After section 68 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, hereinafter, referred to as the principal Act the following section shall be inserted, namely:—

Setting up of

permanent

residential

"68A. (7) The appropriate Government shall set up permanent residential

centres/homes to ensure proper care and protection of children with disabilities

and save them from exploitation by unscrupulous persons by forcing the children

for begging against their will after the demise of their parents or guardians.

centres/homes

for children

with severe

disabilities,

(2) The parents or relative of a child born with severe disability shall make an application to the authority set up by the appropriate Government for admission in the permanent residential centres/homes for children with severe disabilities.

(5) On receipt of the application, the authority, appointed by the appropriate

Government shall examine the child by a panel of experts consisting of doctors,

representative* or Organisations of disabled persons and District Administration who

shaD give report on the status of disability of the child and give a specific recommendation

that the child need to be looked after permanently by the State by way of admission in

the permanent residential centres/homes for children with severe disabilities.

(4) There shall be constituted a Fund for the welfare of children admitted in the

permanent residential centres/homes and the Fund shall be credited with all moneys

received from Central Government, moneys received by way of grants, gifts, donations,

benefactions or bequests and moneys received from any other sources.

(5) The Fund shall be utilised for the administrative and other expenses relating to

the welfare and care of the disabled children.

(6) The work of the permanent residential centres/homes shall be reviewed by an

authority set up by the appropriate Government".

(7) The authority shall redress all complaints and deficiencies, if any, observed in

the permanent residential centres by taking proper corrective measures.

3. In section 73 of the principal Act, in sub-section (2), for clause (zh), the Amendment of lection 73.

following clauses shall be inserted, namely:—

"(zh) the procedure for admission and utilisation of fund under section 68A;

(zi) any other matter which is required to be or may be prescribed.".

STATEMENT OF OBJECTS AND REASONS

Although much is stated to have been achieved for addressing problems of disabled

children with the passage of legislations 1995 and 1999, more still remains to be

accomplished. We still have miles to tread to achieve the desired objective.

There is no mention in the Acts as to care of the destitute children, particularly the

severely handicapped children, after the passing away of their parents or guardians. Whenever

a disabled child is born in a family, the lives of the parents get disrupted while attending to

the child because disability is not confined to one person but affects the entire family.

Therefore, the Society which includes the Government should accept that disabled children

need different life-style. They should not be allowed to live in isolation. The Government

should set up family support system where parents could pass on their disabled children

and be relieved of mental tension of bringing up the disabled child after their death. To

achieve this objective, the Central Government and each of the State Governments should

set up permanent residential centres/homes to look after the severely disabled children and

thereby protect them from being exploited by unscrupulous persons by forcing them to

begging against their will.

Hence this Bill.

NEW DELHI;

PRIYA RANJAN DASMUNSI

November 11,2000.

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for setting up of permanent residential centres/homes

for persons with severe disabilities. It further provides for appointment of the authority to

examine children for admission in the permanent residential centres for children with

severe disabilities. There is also a provision for constitution of a Fund for die welfare of

persons admitted in the permanent residential centres/homes. It also provides that working

of the centres/homes shall be reviewed by the authority to be set up by the appropriate

Government. The Central Government shall have to incur some expenditure for carrying

out the provisions of the Bill. As far as the implementation of the provisions of the Bill in

the States is concerned, the expenditure shall be home by the Consolidated Fund of the

respective States. The Bill, therefore, if enacted, will involve expenditure from the

Consolidated Fund of India. It is likely to involve a recurring expenditure of about rupees

two hundred crore.

A non-recurring expenditure to the tune of about rupees one hundred crore also is

likely to be involved.

G.C.MALHOTRA,

Secretary-General.

HUNTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS (PUj), MINTO ROAD, NEW DELHI

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2 0 0 1.