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
Bench at Nagpur) Act. 2000.
Short title.
2.There shall be established a permanent Ben
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.
Establishment
of a permanent
Bench
of
Supreme Court
at Nagpur.
2
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[PART II—
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.
SKC.2]
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3
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.
(J) It shall apply to all the citizens of the country irrespective of their caste, colour or
creed.
Short title,
commencement
and
application.
2. Every marriage performed after the commencement of this Act shall be compulsorily
registered.
Compulsory
registration of
marriages,
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.
Authority for
registration of
marriage.
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.
Declaration of
the lime of
registration.
4
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fP/wr D—
Duty of
parent*, etc.
to regiitration
and penalty
for failure.
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.
(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.
Power
to
make rale*.
7. The Central or the State Government, as the case may be, may frame rules for
carrying out the purposes of this Act.
SEC. 21
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5
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.
6
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[PART II—
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:—
Short title and
commence-
ment.
1. (/) This Act may be called the Official Language (Amendment) Act, 2000.
(2) It shall come into force at once.
Amendment
of section 3.
2. In section 3 of the Official Languages Act, 1963, hereinafter referred to as the
19 of l%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
Sic.2)
run c.A/i-1 ii 01 INDIA [-XTRAORDINARY
I
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—
Authorised
translation of
Central Acts,
etc in
languages
specified in
tighlh
Schedule to
the Constitu-
tion.
(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,
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.
8
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[PART II—
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.
SEC. 2]
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9
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.
10
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[PART II—
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:—
Short title,
commence-
ment and
application.
1. (/) This Act may be called the Marriage (Restriction on Expenditure) Act, 2000.
(2) It shall come into force at once.
(3) It shall apply to all citizens of India irrespective of their caste, colour or creed.
Restriction
on marriage
expenses.
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;
(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.
Power to
moke rules.
4. The Central Government may, by notification in the Official Gazette, make rules for
carrying out the provisions of this Act.
SEC. 2]
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11
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.
NEW DELHI;
G. S. BASAVARAJ
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.
12
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[PART H—
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.
Amendment
of article
248.
2, In article 248 of the Constitution, for clause (1), the following clause shall be
substituted, namely:—
"(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.".
Omission of
article 249.
3. Article 249 of the Constitution shall be omitted.
Amendment
qf article
251.
4. In article 251 of the Constitution, for the words "articles 249 and 250", the words
'article 250" shall be substituted.
Amendment
Of article 252.
5. In article 252 of the Constitution, for the words "articles 249 and 250", the words
"article 250" shall be substituted.
Amendment
of the
Seventh
Schedule.
6. In the Seventh Schedule to the Constitution,—
(0 in List I — Union List, entry 97 shall be omitted;
(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.".
SEC. 2]
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13
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.
14
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[PART II—
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:—
Short titte, ex-
tent and Com-
mencement.
1. (I) This Act may be called the Illegal Immigrants (Identification and Deportation)
Act, 2000.
(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.
National Com-
mission
for
identification
and deponing
illegal immi-
grants.
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).
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
SEC. 2]
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15
5. The Central Government shall also set up a 'State Commission' for a State or a
group of States for identification and deportation of illegal immigrants.
State
Commission.
6. (/) Every State Commission shall consist of:
(i) a Chairman who shall be a retired Judge of High Court; and
(ii) four other members.
Appointment,
term and
salary of
Chairman and
other
members of
State
Commission.
(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.
(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
nationality in their respective area;
(i7) to prepare and send list of all illegal immigrants in their respective area to
the District Administration;
Duties of
the State
Commission.
8. The National Commission and every State Commission shall exercise the powers
if a civil court in regard to discharge of its functions.
Powers of the
Commission.
9. The Commission shall direct the respective State Government to:—
(0 stop all assistance enjoyed by the illegal immigrants immediately;
(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.
Commission
to direct the
State
Government,
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
for carrying out the provisions of this Act.
Power to
make rules.
16
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[PART II—
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.
NEW DELHI;
November 8, 2000.
ANANT G ANGARAM GEETE
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.
SEC. 2]
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17
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.
(2) It shall come into force at once.
Short title, and
commencement.
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-
tuted;
(») hi sub-section (2), for die word "six", the word "five" shall be substituted.
Amendment
of section
55.
5. In section 56 of the principal Act,-—
(t) for the words "ten and a half11, the words "eight and a half" shall be
substituted;
(I'I) the proviso shall be omitted.
Amendment
of section
56,
6, In section 59 of the principal Act, in sub-section (7),—
(») for the word "nine", the word "seven" shall be substituted;
((I) for the words "forty-eight", the words "thirty-six" shall be substituted.
Amendment
of section
59.
7. In section 67 of the principal Act, for the word "fourteenth", the word "eighteenth"
shall be substituted.
Amendment
of section
67.
18
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
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.
Stc 21
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19
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.
(2) It shall come into force at once
Short title, and
commencement
60 of 1952
2, In section 3 of the Commission of Inquiry Act, 1952, after sub-section (4), the
following sub-sections shall be insened, namely —
Amendment
of section 3
"(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 years
20
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[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.
NEW DELHI;
G.M. BANATWALLA
November 10,2000.
SEC. 2]
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21
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,
(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.
Amendment
of Section 77.
22
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[PART II—
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.
Sir. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
23
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.
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:—
Amendment
of Section 5.
"(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
24
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
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.".
Sic.2]
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25
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.
NHW DFIJU;
October 10, 2000.
HANNANMOLLAH
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.
26
THE GAZETTE OF INDIA EXTRAORDINARY
[PAW II—
BILL No. 213 OF 2000
A Bill to provide for the payment of unemployment allowance to the unemployed
persons and for matters connected therewith.
Short title,
extent and
oommmocment
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.
(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 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;
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
27
(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
for carrying out the provisions of this Act.
Power to
make rules.
(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.
28
THE GAZETTE OF INDIA EXTRAORDINARY
[PAKT II—
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.
S.LC 21
THE GAZETTE OF INDIA EXTRAORDINARY
29
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.
30
THE GAZETTE OF INDIA EXTRAORDINARY
[PACT D—
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.
Amendment
of article 200.
2. In article 200 of the Constitution,—
(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.
OmUaion of
article 201.
3. Article 201 of the Constitution shall be omitted.
SBC. 2]
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31
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,
32
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[PAKF II—
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:—
Short title
and extent.
1. (7) This Act may be called the Abolition of Child Labour Act, 2000.
(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.
Abolition of
child labour.
3. Child labour in any form in any employment is hereby abolished.
Punishment
for violation
of the Act.
4. Whosoever engages a child in any employment shall be punished with
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.
SEC. 2]
THE GAZETTE OP INDIA EXTRAORDINARY
33
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.
Vanishment for
not rcgUiaring
CMtt.
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
carrying out the provisions of this Act
Power to nuke
rulm.
34
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
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.
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
35
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:—
>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
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.".
Short title.
Amendment
of Section 4
36
THB GAZETTE OF INDIA EXTRAORDINARY
[PACT tt—
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.
SEC. 2]
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37
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.
(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
Short title,
extent and
commence-
ment.
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
Definition!.
38
THE GAZETTE OF INDIA EXTRAORDINARY
IPART II—
(d) 'State' means the Government of the Union or of a State or bodies solely
under their control.
Price determi-
nation of the
products
manufactured
in the private
sector.
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.
Establishment
of the Bureau
for the price
determination
of 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,
for carrying out the functions of the Bureau.
Bureau shall
determine the
prices of
products
manufactured
in the private
sector.
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;
(/;') 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. '
Prices fixed
lur different
pnnJucts shall
!ic published
in news-
papers, etc.
6. The Bureau shall cause published in newspaper, radio/television network about
the prices fixed for different products.
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.
Power to
make rules
8. The Central Government may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
Six-,2]
THE GAZETTE OF INDIA EXTRAORDINARY
39
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.
40
THE GAZETTE OP INDIA EXTRAORDINARY
[PART D—
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.
SBC.21
THE GAZETTE OF INDIA EXTRAORDINARY
41
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.
(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.
Short title,
extent,
commence-
meat and
application.
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.
Definitions.
42
THE GAZETTE OF INDIA EXTRAORDINARY
(PART IP—
Application
of the
proviiioiu of
the Industrial
Disputes Act,
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.
14 of 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.
Payment of
gratuity to
worker*.
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—
(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,
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.
14 of 1947.
Fixation of
wages by the
Government.
5. (7) The Government may, in consultation with the representatives of the workers
from amongst the Unions or Associations of the Workers, by order,—
(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.
Hours of
work.
7. No worker shall be required or allowed to work for more than eight hours during the
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.
Leave
entitlement
9. Every worker, who has put in a service for a period of not less than six months, shall
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.
Maintenance
of registers
and records.
10. Every employer of domestic workers shall prepare and maintain such registers,
records and muster-rolls and in such manner as may be prescribed.
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
43
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.
Appointment
of Inipecton.
12. An Inspector may,—
(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.
Power of
Inipecton.
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.
Punishment.
14. The Government may, by notification in the Official Gazette, make rules for caning
out the purposes of this Act.
Power to
make roles.
44
THE GAZETTE OF INDIA EXTRAORDINARY
[PAW tt—
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.
SBC.2]
THE GAZETTE OF INDIA EXTRAORDINARY
45
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.
(5) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
Short title,
extent ud
commence-
ment.
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.
Definitions,
46
THE GAZETTE OF INDIA EXTRAORDINARY
[PART It—
CHAPTER H
THE NATIONAL COMMISSION FOR CHILDREN
Constitution
of
the
.National Com-
million
for
Children.
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
(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.
Term of office
and conditions
of service of
Chairperson
and Members.
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.
(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.
Officers and
other employ-
ees
of the
Commission.
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.
(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.
Salaries And
allowance! to
be defrayed out
of the Consoli-
dated Fund of
India,
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.
SEC. 2]
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47
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.
(.?) 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.
Procedure to be
regulated
by
the
CoramU-
lion.
CHAPTER HI
FUNCTIONS OF THECOMMESON
10. The Commission shall perform all or any of the following functions, namely:—
(a) study, investigate and review all matters relating to the safeguards provided
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;
Function!
of
the
Commit-
tlon.
48
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
(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).
Accounts and
audit.
12. (7) The Commission shall maintain proper accounts and other relevant records
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.
Annual report
and audit re-
port to be laid
before Parlia-
ment.
14. The Central Government shall cause the annual report together with t
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
Chairperson,
Members and
staff of the
Commission
to be publtc
servants.
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.
Directions by
the Central
Government.
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.
SBC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
49
17. (7) The Central Government may, by notification in the Official Gazette, 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 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.
Power to
make mien.
(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.
50
THE GAZETTE OF INDIA EXTRAORDINARY
[PART D—
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.
SEC. 2]
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51
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.
52
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
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:—
Short title
and com-
mencement.
1. (/) This Act may be called the Income-Tax (Amendment) Act, 2000.
(2) It shall come into force at once.
Amendment
of section 1 •
2. In section 1 of the Income-Tax Act, 1961 (hereinafter referred to as the principal
43 of 1961.
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."
Insertion of
new section
1A.
Swings.
3. After section 1 of the principal Act, the following section shall be inserted,
namely:—
"JA. Notwithstanding anything contained in the Income-tax Act, 1961,—
(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;
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
33
(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.
54
THE GAZETTE OF INDIA EXTRAORDINARY
IPAKT II—
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.
SEC. 2]
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55
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.
56
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[PART D—
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:—
Short title
and com-
mencement.
1. (J) This Act may be called the Special Financial Assistance to the State of Uttranchal
Act. 2001.
(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.
Application
of other low*
not barred.
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.
SBC.2]
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37
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.
58
THE GAZETTE OF INDIA EXTRAORDINARY
[PART U—
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:—
Short title,
extent md
commencement
1. (7) This Act may be called the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Amendment Act, 2000.
(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
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:—
1 of 1996.
Setting up of
permanent
residential
centres/homes
for children
with severe
disabilities,
"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.
(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.
SEC. 2]
TflE GAZETTE OF INDIA EXTRAORDINARY
59
(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
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.".
Amendment
of lection 73.
60
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—SEC. 2]
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 .