A Bill to provide for (he facilities of telephone and post and telegraph office in all the villages of the country. BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:

REGISTERED NO. PL-33004/2001

The Gazette of India

EXTRAORDINARY

PART II —Section 2

PUBLISHED BY AUTHORITY

No. 42] NEW DELHI, FRIDAY, NOVEMBER 23,2001 / AGRAHAYANA 2, 1923

LOK SABHA

The following Bills were introduced in Lok Sabha on 23rd November,

2001:—

Bill No. 90 OF 2001

A Bill to provide for (he facilities of telephone and post and telegraph office in all the

villages of the country.

BB it enacted by Parliament in the Fifty-second Year of the Republic of India as

follows:—

1. (1) This Act may be called the Provision of Communication Facilities in every

village Act, 2001.

Short title

and

commencement.

(2) It shall come into force at once.

Definition.

6 of 1898.

13 of 1885.

2. In this Act, unless the context otherwise requires, the words and expressions used but not defined in this Act and defined in the Indian Post Office Act, 1898 and the Indian Telegraph Act, 1885 shall have the meanings, respectively, assigned to them in these Acts.

3. The Central Government shall provide in every village throughout the country the

following facilities, namely—

Provision of

communication

facilides

villages.

(i) a post and telegraph office; and

(ii) a public telephone connection with STD facility under the con troy

the Village Panchayat.

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

carrying out the provisions of this Act.

STATEMENT OF OBJECTS AND REASONS

In India, eighty-five per cent of the people live fat villages. Then an number of villages in remote anas inhabited by tribals and backward classes. For the last 54 years of our independence, no development work has been done at such place*. Then an no postal facilities available in these areas. There an no telephones and virtually the villages have no communication links with the rest of the country. It takes months together for a letter to reach villages. Most of the villagers come to the cities for work and remain cut off from their families due to non-availability of modem means of communication in their native villages. The postal, telephone and other communication facilities have thus become a must for every village. The villagers can keep their money in die post offices saving bank accounts and thereby a lot of money will be available to the Government for development works. The introduction of modem means of communication in every village will be the first step towards taking the boon of modem science to the doorsteps of rural India.

Hence this BilL

NEW DELHI;

RAMDAS ATHAWALE

November 22, 2000.

FINANCIAL MEMORANDUM

Clause 3 of th*e Bill provides that every village shall be provided with the facilities of

telephone, telegraph and post office by die Central Government The Bill, therefore, if enacted,

will involve expenditure from die Consolidated Fund of India. It is estimated that a sum of

about rupees two hundred crore per annum will be involved as a recurring expenditure out

of the Consolidated Fund of India.

A sum of rupees fifty lakh will also be involved as a non-recurring expenditure.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 4 of the Bill empowers the Central Government to make rules for carrying out

the purposes of this Bill. The rules will relate to matters of detail only. The delegation of

legislative power is, therefore, of a normal character.

BILL No. 93 OP 2001

A Bill to provide for the basic minimum amenities of water, electricity, sanitation and

health facilities in shuns and Jhvggi-Jhopri clusters and for the clearance of such areas

in larger public interest and for matters connected therewith or incidental thereto.

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

follows:—

1. (1) This Act may be called the Slums and Jhuggi-Jhopri Areas (Basic Amenities and

Clearance) Act, 2001.

Short title,

extent ud

Conuomco-

meat.

(2) It extends to the Union territories and Metropolitan cities only.

(3) 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 Union

territories and Metropolitan cities.

Dofiaitlou. 2. In this Act unless (he context otherwise requires,—

(a) "appropriate Government" means in the case of a Metropolitan city falling

within the jurisdiction of a State, the Government of that State and in other cases the

Central Government;

(b) "building" includes any structure or erection or any part of a building but

does not include a plant or machinery comprised in a building;

(c) "competent authority" means such officer or authority as the appropriate

GovenimeiitmaybyiwmicsftkinmihcOfficidGa

for the purposes of mis Act;

(d) "Jhuggj-Jhopri" means small roughly built house or shelter usually made of

mud, wood or metal having match or thin sheet roof covering;

(e) "prescribed" means prescribed by rules made under this Act;

(/) "slum" means an area consisting of badly built, overcrowded houses, build-

ings or Jhuggi-Jhopri bluster;

(g) "slum clearance" means the clearance of any slum area by demolition and

removal of buildings therefrom;

(A) "works of improvement" includes in relation to a slum area the execution of

following works, namely:—

(0 necessary repairs of lanes, roads, etc.;

(11) provision of light point, water taps and bathing places;

(Hi) construction of drains, open or covered;

(iv) provisions of latrines, including conversion of dry latrines into water

borne latrines; and

(v) removal of rubbish.

3. The competent authority may, from time to time, by notification in the Official

Gazette, declare any area to be a slum area within the meaning of this AcL

Competent

authority to

declare ilum

•reu.

4. The appropriate Government through the competent authority anaD cany out

works of Improvement la •hunt and Jhuggt-Jhopri chisten from time to time In anch

manner as may be praacniwL

Competent

authority to

cany ont

work* of

improvement

In tlumi and

Jhucji Jhopri

cluaten.

5. T h t a p p r o p r^ Government s h a M r x w k f c m a ^^

primary health central In stum areas and Jhuggi-Jhopri dutters In such manner M may

be prescribed.

Health

radUoet In

ilumtMd

Jhuggl Jhopri

dMten.

6. The competent authority shall not allow a Jhuggi-Jhopri cluster to come upon a

Government land and if any slum exists in such a land before the commencement of this Act,

the competent authority shall remove it in such manner as may be prescribed.

Removal of

Jhuggi Jhopri

elusion from

Government

land.

7. Where the competent authority is satisfied that the most satisfactory method of

Power to

declare any

area to be a

clearance

area.

dealing with the conditions in a slum area is the demolition of all the buildings in the area, the

authority shall by an order notified in the Official Gazette declare the area to be a clearance

area, that is to say an area to be cleared of all buildings in accordance with the provision of

this Act and the rules made thereunder.

Slum

clearance

order.

8. As soon as may be, after the competent authority has declared any slum area to be

a clearance area it shall make a slum clearance order in such manner as may be prescribed and

submit the order for the clearance by the appropriate Government and if the appropriate

Government confirms the order, the order shall become operative from the date of such

confirmation.

9. The Central Government may, by notification in the Official Gazette, make rules for

Power to

mnkeralM.

the purposes of this Act

STATEMENT OF OBJECTS AND REASONS

Crore of people in our country are living in slums and Jhuggi-Jhopri cluster under

inhuman conditions. There are no basic facilities of potable water, electricity, sanitation

and health services in these areas. However, people have no other option but to live hi

such slums and Jhuggi-Jhopri clusters. The Problem is more appaling in Metropolitan

cities like Delhi, Bombay, Madras and Calcutta and such other big cities where people

migrate in large numbers in search of employment Poverty forces mem to find shelter in

slums and Jhuggi-Jhopri clusters. It is the duty of the concerned State Governments to

provide basic facilities in such areas. However, sometimes Jhuggi-Jhopri clusters come

upon Government land which is meant for other important purposes. Their clearance is

necessary in larger public interest

Hence mis Bill.

NEW DELHI;

RAMDAS ATHAWALE

Novembers, 2000.

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides that competent authority shall cany out works of

improvement in slums and Jhuggi-Jhopri clusters. Clause 5 provides for health care

facilities in slums. The Bill, if enacted, will involve expenditure from the Consolidated Fund

of India. It is estimated mat a sum of five hundred crore rupees will involve as recurring

expenditure per annum.

A sum of rupees one hundred crore will also involve as non-recurring expenditure.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 9 of the Bill empowers the Central Government to make rules for die purposes

of mis Bill. The rules will relate to matters of detail only.

The delegation of legislative power is of a normal character.

BILL NO. 184 OF 2000

A Bill to provide tor five and uniform education throughout 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 Uniform Education Act, 2000.

(2) It extends to the whole of India.

Short title,

extent and

commencement

(5) It shall come into force at once.

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

(j) "appropriate Government" means the Central Government or the State

Government, as the case may be; and

(ii) "education" means education upto higher secondary level.

Free and

compuliory

education.

3. It shall be the duty of the appropriate Government to ixuvide free and compulsory

education to not more than two children of a family irrespective of their caste, creed or

colour.

4. Hie appropriate Government than establish and maintain ana school for every on

E*tablUhm"at

of School*.

thousand people.

Uniform

lyitem of

educattaa in

•Hacnoola.

5. There shall be uniform system of education with Hindi and mother tongue as the subjects in all schools whether owned by, or receiving aid out of funds of the appropriate Government or owned or run by private organisations or individuals or societies or by minorities.

6. The appropriate Government shall provide breakfast, mid-dfty ttwd, unUbnn and

boob free of cost to all students in ill school*.

Free uniform

rod booki ate.

to itudmtf.

Sehofanhip

to poor

itudmt*.

7. The appropriate Government shall provide rupees one hundred per month upto

primary level and rupees two hundred per month npto higher secondary level as scholarship

to every student, me income of whose parenti or guardian from all me sources is less man

rupees one thousand and five hundred per month.

8. The appropriate Government shall not recognize any certificate awarded by a school not following uniform pattern of primary and/or higher secondary education under the provisions of this Act

Recognition

of

educational

ccrtific*t"*.

0 TlMtnriv"iiiii"ii"li"11|WttvMaaJlrhimHmlqr^otiierasriltanO*tPito

Anlitinco for

higher ftudie*.

have secured higher number of marki and desire to panne higher "*"-J™^f education.

10. The Central Government may, by notification in the Official Gazette, make rules for Power to make rule*.

carrying out the provisions of this ActSBCL2] THE GAZETTE OF INDIA EXTRAORDINARY 9

STATEMENT OF OBJECTS AND REASONS

Article 45 of the Constitution provides that it shall be the duty of the State to provide free and compulsory education to all children until they attain fourteen years of age. Although, the Government has taken many steps to achieve this end, yet, they are not adequate. For the last fifty years of our independence, we have not been able to provide education to all the children. Our educational system is costly and a burden to every child. Poor parents are unable to send their children to schools. There have been many cases where dropouts from schools are increasing due to financial as well as over burdening problems and wrong education system. At present, we have schools run by the Government and those by private organisations and minorities. All these schools follow different pattern and as a result, there is no uniformity in the education imparted in these schools and they are charging high fees for admission which is beyond the capacity of an ordinary person whose income is less.

Uniformity in the system of school education will arouse consciousness of national

integration in the highly sensitive and impressionable minds of the children. The type of

education imparted to the children at the school level determines their growth in the final

analysis as future citizens of the country.

Uniform system of education would avoid any feeling of discrimination or denial of

equal opportunities in the matter of career advancement of the children.

Many parents, due to poverty, send their children to employment which adds to child

labour in the country. Therefore, it is necessary to provide them with free meals, uniforms,

books and scholarships so that such parents are motivated to send their children to schools.

This is the only alternative to provide education to those who are deprived of education due

to poverty.

It is, therefore, proposed to provide for uniform and free education upto the higher

secondary level and also provide financial and other assistance to those children who have

secured good position at higher secondary level in the schools.

NEW DELHI;

Y. S. VTVEKANANDAREDDY

November 6,2000.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for free and compulsory education. Clause 4 provides for

appropriate Government shall establish and maintain schools for every one thousand people.

It is not known how many schools will be required for carrying out the provisions of the Bill.

Some expenditure will be involved in setting up of schools and provision of free meals,

uniform, etc. and scholarships to poor students (clauses 6 and 7). Clause 9 provides for

financial and other assistance to the students at higher secondary level. The expenditure in

respect of schools in Union Territories shall be met out of the Consolidated Fund of India.

Expenditure in respect of schools established in State shall be met out of the respective

Consolidated Funds of States although some assistance may be extended by the Central

Government

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

likely to be involved A non-recurring expenditure to the tune of rupees thirty crore is also

likely to be involved.

MEMORANDUM REOARDINO DELEGATED LEGISLATION

Clause 10 of the Bill empowers the Central Government to make rules for carrying out

the purposes of the Bill. Since the rules will relate to matters of detail only, the delegation of

legislative power is of a normal character.

BILL No. I OF 2001

A Bill to provide for a scheme for eradication of unemployment from the country.

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

1.(7) This Act may be called the Provision of Employment Act, 2001.

(2) It extends to die whole of India.

Short title,

extent and

Commencement.

(J) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint

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

Definitions.

(a) "appropriate Government" means the State Government in the case of State and Central Government in other case?; and

(b) "prescribed" means prescribed by rules made under this Act

3, The appropriate Government shall setup an employment exchange in every district under its jurisdiction.

Employment

Exchanges.

4. Every citizen shall register in the employment exchange stating his qualification, age and other particulars such as may be prescribed.

5. The appropriate Government shall provide employment to every citizen who has Registration In employment exchanger Provision of employment.

attained the age of eighteen yean and who ii registered with the employment exchange.

Unemployment

allowance.

6. Till such tfane employment is provided to a citizen under section 5, the appropriate

Government shall provide an unemployment allowance at the fate of rupees one thousand

per month to evety citizen who has passed tenth standard and rupees two thousand per

mnmrti tn nvnry rJtJTnn qrhn h"> qiinHflffrtimw Mgtiwr tfiwi twtHi rtwufawl w having tn^ti^i.

cal qualifications:

Provided that such unemployment allowance shall be paid to only two persons in a family.

7. (/) The Central Government shall constitute a fund, namely, UnemploymentAllow-

anceFtmd

Unemployment

Allowance

Fund.

(2) The Central Government and every State Government shall contribute such sum

of money to the fund every year as may be determined by the Central Government

8. The expenses relating to implementation of the provisions of this Act shall be met out of the Unemployment Allowance Fund constituted under section 7.

Expenie* to

be met oat of

the fond.

Income-tax

9. Any person who contributes to the fund shall be given a tax rebate often percent on rebate.

his taxable income calculated for an assessment year.

10. The Central Government may, by notification in the Official Gazette, make rules for Power to make rule*.'

implementing the provisions of this Act

STATEMENT OF OBJECTS AND REASONS

The problem of unemployment has assumed menacing proportions. Even the educated

citizens have been rendered indigent Lack of opportunity of employment in the country is

also leading to brain drain and exodus of a large number of skilled and unskilled persons

abroad. The educated youths are involving themselves in anti-social activities due to financial

needs. The youths have started indulging in extremist activities also. It is time mat concerted

efforts are made by the State to assure employment to the citizens of the country and to

provide unemployment relief to those who have not been able to secure employment For the

purpose of this, Government should set up the Unemployment Allowance Fund

The Bill seeks to provide employment to unemployed citizens or unemployment

allowance in lieu of employment

NEW DELHI;

Y.S.VIVEKANANDAREDDY

November 6,2000.

PRESIDENTS RECOMMENDATION UNDER ARTICLES 117 AND

274 OF THE CONSTITUTION

[Copy of letter No. DGET-H-n019/7/2000-MP(G), dated 8 January, 2001 from

Dr. Satyanarayan Jatiya, Minister of Labour to the Secretary-General, Lok Sabha].

The President, having been informed of the subject matter of the Provision of

Employment Bill 2000 by Shri Y. S. Vivekananda Reddy, M.P., recommends the introduc-

tion and consideration of the Bill in Lok Sabha under articles 117 ( i), 274 (1) and 117(3) of

the Constitution.

FINANCIAL MEMORANDUM

Clause 5 of the Bill provides that the appropriate Government shall provide employment

to all citizens who have attained the age of eighteen yean and who have registered with

employment exchange. Clause 6 provides for payment of unemployment allowance. Clause 7

provides for constitution of a fund The Bill, therefore, if enacted, will involve expenditure

from the Consolidated Fund of India. It is estimated that a recurring expenditure of about

rupees fifty crore is likely to be involved per annum.

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

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 10 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.

BILLNO. 1 9 O F 2 0 01

A Bill to provide for insurance of crops and for nutters connected therewith.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India i

follows:—

1. (/) This Act may be called die Crop Insurance Act, 2001.

(2) It shall come into force at once.

Short title

ind com-

iDonotttnont.

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

Definition!.

(a) "crop" means and includes paddy, wheat, gram, barley, millet, com, potato,

pulses, sugar-cane, rape-seed, long-term fruit yielding crops like orange, mango, guava,

grapes, etc. and such other agricultural commodities which may be notified, from

time to time, by the Central Government in the Official Gazette;

(b) "natural calamity" means drought, floods, cyclone, storm and heavy

rains; and

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

3. The Central Government shall formulate a scheme providing for insurance of

Crap Imunnoc

Scheme

crops throughout the country.

4. The insurance scheme shall be applicable to all fanners and in all the seasons.

Iniunmce

•cbeme to be

applicable to

•11 fiumen.

Premium. 5. (1) Tho premium in mpeot of insurance shall be borne by Die Control Government

and me State Government! fa loofa proportion as may be prescribed

(2) Each fanner sh≪ contribute towards the premium in such proportion as may be

prescribed.

6. It shall be the duty of the Central Government ID pay insurance amount to the

farmers for the loss of crops suffered by them doe to any natural calamity.

Payment of

insurance

•mount.

7. ( /) The insurance amount shall be paid within one month after the full assessment of

the loss suffered by the fanners is made.

Insurance

•mount to be

paid within one

month.

(2) While assessing the loss of crops, the difference between the normal/optimum yield

and the actual yield of a crop shall be taken into consideration.

(3) Villane as a unit shall form the basis for assessing the loss of croos.

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

law for the time being applicable to crop insurance.

Application of

other laws to

crop Intunnce.

9. The Central Government may, by notification in the Official Gazette, make rules for

Power to mike

ruin.

carrying out the provisions of this Act

STATEMENT OF OBJECTS AND REASONS

The fanners always greatly suffered due to floods, cyclone, drought, storm and heavy

rains. It has been a common phenomenon that the standing crops are destroyed by the

natural calamities every year. In most parts of the country, drought has also affected roe

crops. Frequent loss of crops suffered by the farmers has rendered them helpless and has

even forced them to commit suicide. Due to loss of crops, fanners are not in a position to

repay their loans to money lenders. Recently, heavy rains have damaged crops in some parts

of the country and the Food Corporation of India refused to procure these stocks. This has

also caused a great problem to the farmers. It is necessary to enact introduce a legislation so

that these farmers are fully compensated for their loss of crops due to natural calamities.

Hence this Bill.

NEW DELHI;

Y S.VIVEKANANDAREDDY

Fcbmaiyl, 2001.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for formulation of a Crop Insurance Scheme. Clause 5

provides that the premium in respect of crop insurance shall be borne by the Central

Government and the State Governments. Clause 6 provides that it shall be the duty of the

Central Government to pay to the farmers the insurance amount due to loss of crops. The Bill,

therefore, if enacted, will involve expenditure from the Consolidated Fund of India. The State

Governments will incur expenditure from their respective Consolidated Funds in respect of

payment of premium of crop insurance. It is likely to involve an annual recurring expenditure

of about rupees one hundred crore 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 9 of the Bill empowers the Central Government to make rules for carrying out

the purposes of the Bill. These rules will relate to matter* of detail only. The delegation of

legislative power is, therefore, of a normal character.

BILL No. 47 OF 2001

A Bill Anther to amend the Constitution of India.

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

Short title. 1. This Act may be called the Constitution (Amendment) Act, 2001.

2. After article 21 of the Constitution, the following article shall be inserted, namely:—

Iniertion of

oew ankle

2"A.

"21 A. Each family shall have me right to a dwelling unit wfch all modem faoJtt-

Right to

homing.

tiet in aocofdanoa with such norms aa may bt prescribed by law.

Explanation.—For the purposes of this article "foully" means husband, wife and two minor children.".

STATEMENT OF OBJECTS AND REASONS

Shelter is the basic necessity for sustaining life. Right to life and other guaran-

tees for the well-being of the citizens enshrined in the Constitution are meaningless for

the millions of persons who have no shelter. It is necessary that right to shelter is

guaranteed and made a fundamental right.

Hence this Bill.

G. S. BASAVARAJ

NEW DELHI;

June 21, 2001.

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides that each family shall have the right to a dwelling

unit. The Bill, if enacted, will involve expenditure for providing houses to families who

are not having houses. Though housing is basically is a State subject, yet the Central

Government has to give grants to the State Governments for implementing the provisions

of the Bill. It is estimated that an annual recurring expenditure of about rupees ten

thousand crore is likely to be involved.

A non-recurring expenditure of rupees two thousand crore is also likely to be

involved.

BILL No. 53 OF 2001

A Bill to provide for free and compulsory education to every girl child whose parents an

living below poverty line.

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

follows:—

1.(7) This Act may be called the Girls (Free and Compulsory Education) Act, 2001.

(2) It extends to the whole of India.

Short title,

extent and

commence-

ment.

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

notification in the Official Gazette, appoint.

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

(a) "appropriate Government" means in the case of a State the State Government

and in all other cases the Central Government;

(b) "education" means education up to higher secondary level;

(c) "girl" means a female who has not attained the age of eighteen years of age;

(d) "person living below poverty line" means a person whose income from all

sources is less than rupees three thousand per month;

(c) "prescribed" moans prescribed by rules made under this Act; and

(/) "school" means an educational institution imparting education.

3. (i) The appropriate Government than provide five and compulsory education

to every girl child whose parents are living below poverty line and are ordinarily

residing in ha territorial jurisdiction.

rfee and

compultory

education to

giri chlM.

(2) The appropriate Government shall provide to every girl child born of parents

living below poverty line, the following facilities:—

(i) free education up to higher secondary level;

(//) free stationery items like books, note-books, writing materials;

(Hi) free school uniform;

(iv) free hostel facility and meal during school time; and

(v) stipend at the rate of one hundred rupees up to primary level, two hundred

rupee* upto middle level and five hundred rupees per month up to higher seoondary

lovoL

4. Thw appmpriaht nmvwrnnwmt fhwP artnhHfh fflrl majijtatu nr fMifo fr> h* "l"*"Hfhfd

or maintained such primary, middle or higher secondary schools within its territorial

jurisdiction as the appropriate Government may deem necessary for the purpose of carrying

out the provisions of mis Act

EtUbllihinent

of tchool* by

the appropri-

ate Govern'

ment.

5. It shall be responsibility of every parent to get his girl child admitted to a school for receiving education and the parent shall not in any manner restrain the girl child from attending the school till she completes her education.

ReipofltibUlty

of patent! to

•cad every

ffcichUdto

ichool.

6. No person shall employ a giri child in such a job which prevents her from attending

school for receiving education.

Restriction on

employment

of a aid child.

7. Any person including a parent, who for any reason prevents, restrains or otherwise obstructs a girl child from receiving education in a school, shall be liable to simple imprisonment which may extend to one year.

Punlihmeat

for violation

of proviitoni

of dw Act

8. The Central Government may make rules for carrying out the provisions of this Act Power to

make rule*.

STATEMENT OF OBJECTS AND REASONS

The ability to read and write is an essential element of human capability. Literacy is

the first step towards acquiring tools of learning and opening the doors for knowledge and

information. Education expands opportunity for girls, empowers them to resist oppression

and to claim their right

In our country, girls belong to weaker and vulnerable section of the society. Although

many steps have been taken to improve their conditions, yet nothing concrete has been

done. Even today, girls are not treated equally and are subject to discrimination by their

parents. They are kept away from schools and are forced to assist their mothers in household

affairs and ore deprived of childhood joys.

It is the appropriate time to take stock of the situation and to ensure that girls belong to

poor families are given free and compulsory education. They should also be provided with

facilities like free stationery items, free uniform, writing materials, hostel facilities etc. to

encourage them to get education. This will not only help in eradication of illiteracy from the

country but will also help the girls to grow and compete with their male counterparts.

Hence this BilL

G.S.BASAVARAJ

NEW DELHI;

Junt>2\ ,2001.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for free and compulsory education and other facilities to

every girl child whose parents are living below poverty line by the appropriate government

Clause 4 provides for establishment of schools by the appropriate government The Central

Government will bear the expenditure incurred in respect of Union territories and the State

Governments will bear the expenditure incurred in respect of their States out of their respective

consolidated funds.

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

It is estimated mat an annual recurring expenditure of about rupees five thousand crore per

annum is likely to be involved.

A non-recurring expenditure of about rupees eight hundred crore is likely to be involved.

MEMORANDUM REOAWMNGDELEaATEDLEGKLATION

Clause 8 of the Bill empowers the Central Government to make rules for carrying out the

provisions of the BUI As the rules to be made will relate to matters of detail only, tho delegation

of legislative power is of a normal character.

BILL No. 75 OF 2001

A Bill to provide tor recognition tad regulation of voluntary organisations and for

matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India at

follows:—

1. (/) This Act may be called the Voluntary Organisations (Regulation) Act, 2001.

(2) It extends to the whole of India.

Short title,

extent and

commence*

mrat.

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

in the official Gazette, appoint

Definition!.

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

(a) "appropriate Government" means the State Government in relation to a State

and the Central Government in other cases;

(b) "fund" means Voluntary Organisations Assistance Fund established under

section 10;

(c) "prescribed" means prescribed by rules made under mis Act;

(d) "Voluntary Organisation" means any organisation or institution or society whether incorporated or registered or not,' which is engaged in any of the following activities, namely:— *

(i) promoting literacy and adult education;

(ii) involved in relief operations during natural calamities like floods, earthquakes, storms, squalls and likewise;

OH) involved in relief operations and providing assistance to victims in cases of accidents;

(iv) involved in relief operations and providing assistance to victims during strikes and other forms of disturbances;

(v) organizing free medical camps, distributing free medicines, promoting in any way health awareness among general public or running free and charitable dispensaries:

(W) providing assistance to orphaned children and running orphan children homes;

(v/i) running schools for orphaned and destitute children and providing them with all necessary facilities;

(vtit) running homes for destitute women and providing all facilities and training in self-employment;

(ix) running homes for aged and old persons, wherein all necessary facilities and support are provided;

(x) creating awareness among general public regarding pollution hazards and teaching methods of pollution control;

(x<) creating awareness among general public regarding dangerous diseases like AIDS and other contagions diseases;

(xii) creating awareness among general public about family planning;

(xiii) creating awareness among general public about ill effects of social evils like dowry, domestic discords and negligence of dependent persons;

(xiV) creating awareness among general public the need for religious^ caste and linguistic harmony and educating public about measures to be adopted to achieve harmony;

(xv) spreading and taking all necessary steps to enable people to lead a peaceful and healthy life and for improving general standard of life;

without anv orofit or commercial intention or motive.

3. (1) The Central Government shall establish a National Board of Voluntary Organisations at New Delhi

(2) The Board shall consist of—

Eitabliitunont

of a National

Board of

Voluntary

Organisations

(i) a Chairman who shall have experience in social services for a period of not less than ten years, to be appointed by die Central Government;

(ii) four other member* who shall have experience in social services for a period of not less than five years, to be nominated by Central Government on rotation basis;

(Hi) the Chairman and other members shall be appointed for a term of five years.

4. (7) The Central Government shall establish a Regional Board of Voluntary Organisations in capital of ovmy State / Union territory.

Regional

Board of

Voluntary

Organlialloni.

(2) The Regional Board shall consist of—

(/) a Chainnan who shall have experience in social services for a period not less

than ten yean, to be appointed by the Central Government;

(ii) two other members who shall have experience in social services for a period

of not less than five yean, to be nominated by the Central Government on the basis of

recommendation of the State Government concerned;

(Hi) the Chainnan and other members shall be appointed for a term of five yean.

5. The National Bond and every Regional Bond dull ooatfet of raoh number of

employees as the Central Government may proscribe.

Employee* of

National Board

and Regional

Board.

Application

for

registration.

6. Every voluntary organisation shall within a period three months from the date of

commencement of this Act, apply to the Regional Board for registration with such particulars

as may be prescribed

Registration.

7. Every Regional Board shall on receipt of an application from a voluntary organisation,

declare whether the application for registration has been accepted or rejected and in case the

application has been rejected, the reasons therefor.

Appeal.

8. Any voluntary organisation, whose application for registration has been rejected

may appeal to the National Board.

9. The National Board may hear the views of the Regional Board and that of voluntary

organisation concerned and take a decision which shall be binding on both the parties :

Decision of

National

Board.

Provided that the National Board may before taking a decision, consult experts in the

relevant fields.

10. (7) The Central Government shall constitute t Voluntary Organisations Welfare

Fund.

Constitution

of a Voluntary

Organisation*

Welfare Fund.

(2) The Central Government and all State Governmenti shall contribute to the

Fund in such ratio as may be prescribed.

11. ( i) The Central Government shall administer, the fund in such manner as may

Administra-

tion of Fund.

be prescribed

(2) The Central Government shall make a grant to each voluntary organisation

every year or at such intervals m it may determine.

(J) While making a grant under sub-section (2), the Central Government shall

consult the National Board and the member of Parliament representing me constituency

in which the organisation is situated:

Provided that the National Board may consult the Regional Board concerned in

whose jurisdiction the office of the voluntary organisation is situated

12. Every voluntary organisation which is in receipt of grant from the Central

Government shall send an annual report to the Regional Board about its activities during the

year and a statement of receipts and expenditure of the organisation.

Annual

Report of

voluntary

organisation.

13. Every Regional Board shall send the annual reports received from various voluntary

organisations under its jurisdiction to the National Board alongwith its comments on the

performance of the voluntary organisations.

Regional Boards

to send annual

reports to

National Board.

14. The Central Government may, after due consultation with National Board, reduce

the amount of grant or withhold the total amount of grant payable to a voluntary organisation

for such period as it may determine.

Withholding

of grants to

voluntary

organisation.

IS. If, after in enquiry it is found that any voluntary organisation does not utilise th"

money for the purpose for which it was granted or involves itself in any activities other than

for which it was formed, the Regional Board may recommend to the National Board for taking

such action against the voluntary organisation as it may deem fit

Regional

Bond to

recommend

action agaiiui

voluntary

organiaatlon.

16. The National Board on receipt of a report from a Regional Board shall take such

action against the voluntary organisation as it may deem fit

National

Board to taka

action.

17. ThcCenmUGoveiimientinay.Dyiiotifkartkmm

Power to

make nilea.

carrying out the purposes of this Act

STATEMENT OF OBJECTS AND REASONS

Voluntary organisations play a significant role in the development of the nation. They supplement the activities of the Government in times of crisis. In times of natural calamities, voluntary organisations come to rescue of the affected persons even before the Government They are doing a yeomen service to the society. These voluntary organisations are engaging themselves in wide range of activities i.e. in providing education, health care, running hornet for orphaned children, old age homes, providing free food and medicines to the needy people. However, many cf the voluntary organisations are lacking adequate funds to undertake their activities. They mainly depend upon funds received through contributions and donations which is not enough to meet its expenditure. Moreover, there is no mechanism at present, for registration and regulation of the affairs of voluntary organisations. They do not have a legal status.

At present. Government provides grants to many voluntary organisations. But mere

is no check on utilisation of money granted to them and their activities. As such, these

organisations utilise the money for the purposes other than for which it was granted. On me

other hand genuine voluntary organisations an deprived of any assistance from the

Government

There is an urgent need to provide for registration and regulation of voluntary

organisations for their bettor involvement in welfare activities.

The Bill seeks to achieve the above objective.

VSAROJA

NBWDBLHI;

/u/y 24,2001.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the establishment of National Board of Voluntary

Organisations. Clause 4 provides for the setting up of Regional Boards in every State.

Clause 5 makes provision for appointment of officers and staff for the Board. Clause 10

provides for the constitution of a Voluntary Organisations Welfare Fund to which both

Central and State Governments will contribute. Clause 11 provides for making grants to

voluntary organisations every year. The Bill, therefore, will involve expenditure from the

Consolidated Fund of India. It is Hkery to involve an annual recurring expenditure of about

rupees one thousand crore 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 17 of the Bill empowers the Central Government to make rule* for carrying

out me purposes of the Bill As the matters will relate to detail only, the delegation of

legislative power is of a normal character.

BILL No. 69OF 2001

A Bill Gather to amend the Indian Penal Code, 1860.

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

Short title. 1. This Act may be called die Indian Penal Code (Amendment) Act, 2001.

2. In lection 375 of the Indian Penal Code, for the existing 'Explanation', the following 45 of 1860.

Explanation shall be substituted, namely,—

Amendment

of Section

375.

"Explanation—For the purposes of this section 'rape' includes penetration and

sexual assault not resulting in penetration.".

STATEMENT OF OBJECTS AND REASONS

In our country rape incidents are very common. Sexual assaults on women, especially

on young girls, have become very common. Sexual assaults do not strictly come within the

ambit of rape as defined in Indian Penal Code. The victims of sexual assaults have no

recourse to any justice. At the most they can file charges which invoke lesser punishments

under Indian Penal Code.

With this in view, it is proposed to extend the definition of 'rape' to include sexual

assaults also in order to bring to book those who are found guilty.

V. SAROJA

NEW DELHI;

July 24, 2001.

BILL NO. 72 OF 2001

A Bill Author to amend the Cinematograph Act, 1952.

BB it enacted by Parliament in the Fifty-second Year of the Republic of India as

follows:—

Short title. 1. This Act may be called the Cinematograph (Amendment) Act, 2001.

37 of 19 2, In aection 5B of the Cinematograph Act, 1952, after sub-iectioa (1), the following Bub-aection shall be inserted, namely:—

Amendment

of tection SB.

"(1 A) A film shall not be certified for public exhibition if it contains scenes

depicting song and dance and fight sequences in places of worship or scenes hurting

religious sentiments.".

STATEMENT OF OBJECTS AND REASONS

In the recent past, many films have been released depicting scenes of song and dance

sequences in places of wonhip. Places of religious worship should not be used for such

scenes. Religious sentiments should not be hurt No film should be certified if it depicts

scenes likely to hurt religious sentiments. The Bill seeks accordingly to amend the

Cinematograph Act

Hence this BUI.

V.SAROJA

NEW DELHI;

July 24, 2001.

BILL N O. 62 OF 2001

A Bill further to amend the Constitution of India.

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

Short title. 1. This Act may be called the Constitution (Amendment) Act, 2001.

2. After article 22, the following heading ana article snail oe inserted, namely,—

Rients of Children

Insertion of

now article

2IA

"22A. Every child shall have—

Righti of

children.

(a)-thc right to post-natal care up to two yean of birth;

(b) access to children parks, names, etc.;

(c) die right to quality education from nursery up to higher

secondary level;

(d) comprehensive healtL care;

(e) the right not to work in any factory or establishment;

(f) creche futilities, if both the parents are employed;

(g) the right to learn arts, fine arts, literature, etc.; and

(A) nutritious meals and diet during school hours

free of cost

Explanation:— For the purposes of this article, a child means a child who is below eighteen years of age and bom of parents atleast one of whom is an Indian citizen."

22B. Parliament shall, within one year from the date of commencement of the Constitution (Amendment) Act, 2001 by law make provisions necessary for implementation of the proposals contained in article 22A.

Parliament to

make law for

implementation

for provUion

In article 22.

STATEMENT OF OBJECTS AND REASONS

Children are the future of the country. But they are exploited in all possible ways. They are harassed. They do not have access to schools. They are made to work for hours together. They do not get nutritious diet As such, majority of them often fall sick. When they have to play and learn they are either rolling cigarettes or involved in manufacture of crockets.

They should be given every opportunity to learn, grow and come up as responsible and useful citizens of the countty. With this in view, it is proposed to insert a new Chapter "Rights of Children" in the Constitution which would be enforceable.

V. SAROJA NBWDBUO; July 24,2001.

FINANCIAL MEMORANDUM

The Bill seeks to provide for certain facilities free of cost to children. Of course, a law will be enacted to determine the beneficiaries. Yet, some expenditure will be involved from die Consolidated Fund of India when the provisions come into force. It is likely that an annual recurring expenditure of about rupees two thousand crore will be involved.

A non-recurring expenditure of about rupees one thousand crore will also be involved34 THE GAZETTE OF INDIA EXTRAORDINARY [PAKTII—

BILL NO. 92 OF 2001

A BUI to provide for prevention of and protection against custodial crimes for

compensation in cases of custodial offences, for appointment of Vigilance

Commissioner and District Vigilance Commissioners for custodial

offences and for matters connected therewith or incidental thereto.

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

follows:—

Short title and

1. (7) This Act may be called the Custodial Crimes (Prevention, Protection and

fjuiiiuiuwiuiil

ujimmmnm.

Compensation) Act, 2001.

(2) It shall come into force at once.

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

(a) "custodial crime" or "custodial offence" means an offence as understood by

the Indian Penal Code (45 of 1860) caused against any arrested person or a person in

custody when that person was in the custody of a police officer or a public servant who

has power under any law to arrest and detain a person in custody, by the police officer

or by the public servant concerned having the custody of that person during that

period;

(b) "custody" shall include both legal and illegal arrest or custody;

(c) "District Vigilance Commissioner" means the District Vigilance Commissioner

for custodial offences appointed under sub-section (3) of section 17;

(d) "Government" means the Government of a State or the Government of a

Union territory, as the case may be;

(e) "prescribed" means prescribed by rules made by the Government under this

Act;

(i) "Vigilance Commissioner" means the Vigilance Commissioner for custodial

offences appointed under sub-section (1) of Section 17; and

2 of 1974.

(g) words and expressions used herein and not defined but defined in the Indian

Penal Code (45 of 1860) or the Code of Criminal Procedure, 1973 shall have the meanings

respectively assigned to mem in these codes.

Prciumption

in custodial

offencei

including

death or

injury.

1 of 1872 3.(/) Notwithstanding anything contained in the Indian Evidence Act, 1872 or in any

other law in force, in a prosecution of a police officer or any public servant for a custodial

offence, including death or injury in custody, the Court may presume that the offence, death

or injury was caused by the police officer or the public servant having the custody of that

person during that period.

(2) The Court, in deciding whether or not to draw a presumption under sub-section

(7), shall have regard to all the relevant circumstances including, in particular, (a) the

period of custody, (b) any statement made by the victim as to how the injuries were received,

being a statement admissible in evidence, (c) the evidence of any medical practitioner who

might have examined the victim, and (d) evidence, if any, of any magistrate who might

have recorded the victim's statement or attempted to record it.

Conditions

precedent to

most.

4. A police officer arresting a person who has been concerned in an offence under any

law must be reasonably satisfied, and must record such satisfaction, relating to the following

matters namely:—

(a) that the complaint, information or suspicion is not only in respect of an

offence having been committed, but is also in respect of the complicity of the person

to be arrested in that offence;

(b) that the arrest is necessary in order to bring the movement of the person to be

arrested under restraint, so as to inspire a sencc of security in the public or to prevent

the person to be arrested from evading the process of the law or to prevent him from

committing similar offence or to prevent him from interfering with evidence or witnesses

or from indulging in violent behaviour in general; and

(c) that the arrest, and not a service of notice of appearance under sub-section

(1) of section 5, is absolutely necessary.

Notice to

appear.

5. (/) A police officer may instead of arresting the person concerned, issue to him a

notice of appearance requiring him to appear before the police officer issuing the notice at

such place as may be specified in the notice and to co-operate with the police officer in the

investigation of the offence mentioned in the notice.

(2) It shall be the duty of a person to whom notice has been issued under sub-section

(1) to comply with the terms of the notice and so long as such a person continues to do so,

he shall not be arrested in respect of the offence mentioned in the notice, unless for reasons

to be recorded, the police officer is of the opinion mat he ought to be arrested

(3) Where a person to whom " iotice has been issued under sub-section (1), fails, at any

time, to comply with the terms of the notice, it shall be lawful for the police officer to arrest

him for the offence mentioned in the notice, subject to such orders as may have been passed

in this behalf bv a competent court.

Presumption

ai to

submission to

custody.

6. Where a person is to be arrested, then, unless the circumstances indicate to the

contrary, his submission to custody on an oral intimation of arrest shall be presumed, and

unless the circumstances otherwise require, the police officer shall not actually touch the

person of the one being arrested.

7. ( /) Whenever a person is arrested by a police officer, intimation of the arrest shall be

immediately sent by the police officer (along with intimation about the place of detention) to

the following person, namely:—

(a) a relative or friend or other person known to the arrested person, as may be

nominated by the arrested person;

Right to

intimation of

arrest to

relative,

friend or

other person,

and custody

memorandum.

(b) failing (a) above, the local legal aid committee.

(J) The police officer shall prepare a custody memo and body receipt of the penon

arrested, duly signed by him and by two witnesses of the locality where the arrest has been

made, and deliver the same to the relative of the person arrested, if he is present at the time of

arrest or, in his absence, send the same alongwith the intimation of arrest to the person

mentioned in sub-section (/).

(4) The custody memo mentioned in sub-section (3) shall contain the following

particulars:—

(A) name of the person arrested and father's name or husband's name;

(b) address of the person arrested;

(c) date, time and place of arrest;

(d) offence for which the arrest has been made;

(e) property, if any, recovered from the person arrested and taken into charge at

the time of the arrest; and

(/) any other relevant particular.

Right to

Ugal

- Practitioner

8. The person arrested shall have the right to have the presence and advice of a legal

practitioner during interrogation and his legal practitioner shall be allowed to remain present

and to advise him.

during

interrogation.

9. A police officer effecting an arrest shall inform the person arrested as soon as he is

brought to the police station, of the rights of the arrested person udder sections 7 and 8 and

shall make an entry in the police diary about the following facts:—

Record in

police dlaiy

u to tight! of

the arretted

peraon.

(a) the name of the person who was informed of the arrest;

(b) the fact that the person arrested has been informed of his rights under sections

7 and 8;

(c) the name of the legal practitioner of the person arrested; and

(of) the fact mat a custody memo has been prepared as required by sub-sections

(3) and (4) of section 7.

2 of 1974.

10. When an arrested person is produced before a Magistrate, the Magistrate shall

satisfy himself that die provisions of sections 4,5,6,7,8 and 9 of sub-sections (7) and (2) of

section 11 have been duly complied with and shall further inform the arrested person of his

right to medical examination under section 54 of the Code of Criminal Procedure, 1973.

Magiatratea

tatiafaction fci

to compli-

ance with

certain

tectiom.

Proviiiom ai

to male child

and female.

11. (1) Except in unavoidable circumstances, no male child below the age of fifteen

years or a female shall be arrested after sunset and before sunrise, and where such

unavoidable circumstances exist, the police officer making the arrest shall, by making a

written report, obtain die prior permission of the immediate superior officer not below die

rank of an inspector for effecting such arrest, if the case ic one of extreme urgency, he shall,

after making the arrest, forthwith report the matter in writing to his such immediate superior

officer, with the reason for arrest and the reason for not taking prior permission as aforesaid

and shall also make a similar report to the Magistrate within whose jurisdiction the arrest

has been made.

(2) Where a female is to be arrested, then, unless the circumstances otherwise require

and unless the police officer arresting is a female, the police officer shall not actually touch

the person of the woman for making the arrest

Explanation: The provisions of sub-section (;?) are in addition to the provisions of

section 6.

(5) A female in custody ihall be escorted by the Matron or Female Warden or Female

Police Officer, if required to leave the female enclosure and nich matron or female warden or

female police officer shall remain wim the female who is in custody or in prison till her return

to the enclosure or release from the custody or the jail.

(4) A female relative of the female in custody shall be allowed to accompany the female

who is in custody during her transit from one enclosure to another or for the purpose of

being taken to the court or for investigation.

(5) A male child of less men fifteen yean of age in custody shall be allowed to be

accompanied by his relative during his transit from one enclosure to another or for the

purpose of being taken to the court or for investigation.

2 of 1974. 12. (/) Where under lectionMof AeCoo^ of CrimiwU Procedure, 1973 or otherwise,

a magistrate directs the examination of the body of an arrested person or a person under

custody, the said examination shall be conducted by a Registered Medical Practitioner or

through a Government Hospital available, as the Magistrate may, direct

Madioal

•mtgibltion

oflhe

irrattod

peraoD or th#

p a wn in

custody.

(2) A female arrested or in custody shall be examined by and under the supervision of

only a lady medical practitioner as the magistrate may direct and the examination shall be

conducted with strict regard to decency.

(J) The medical practitioner to whom an arrested person or a person in custody is

forwarded under sub-section ( /) or (2), shall without delay examine him/her and prepare a

record and specifically record the following details about the person examined:—

(/) the name and address of the person examined and of the person by whom he/

she was brought;

(2) the age of the person;

(3) the injury external and internal, if any, on the person;

(4) general mental condition of the person;

(5) other material particulars and any other relevant details; and

(6) where the person is a woman, whether or not she is pregnant

(4) The report of the medical practitioner shall precisely state the reasons for any

conclusion arrived at by the medical practitioner and the exact time of commencement and

completion of the medical examination.

(5) The medical practitioner shaUwithout delay forward his report to the Magistrate

who had directed the examination of the body.

(6) The person examined shall be entitled to a copy free of cost of the report of the

medical practitioner under this section as soon after the Magistrate received the report under

sub-section (5).

Information

of autodial

crimei and

procedure

thereafter.

13. (/) Every information relating to the commission of a custodial crime or offence if

given orally to an officer in charge of a police station, shall be reduced to writing by him or

under his direction and be read over to the informant and every such information whether

given in writing or reduced to writing as aforesaid shall be signed by the person giving it,

and the substance thereof shall be entered in book to be kept by such officer in such form as

may be prescribed in this behalf.

(2) A copy of the information as recorded under sub-section (/) shall be given forthwith,

free of cost, to the informant and shall also be forwarded immediately to the Vigilance

Commissioner or the District Vigilance Commissioner as the case may be.

(3) Any person (including Legal Aid Centre or Non-Governmental Organisation or any

friend or relative) aggrieved by a refusal on the part of an officer in charge of a police station

to record the information referred to in sub-section (7) may file a petition giving the substance

of such information—

(a) before the Chief Judicial Magistrate in case of custodial offences other than

those involving death of the victim, or

(b) before the Sessions Judge in case of a custodial offence involving death.

(4) The person filing a petition under sub-section (3) shall also forward a copy of the

petition to the Vigilance Commissioner or the District Vigilance Commissioner, as the case

maybe.

(5) The Chief Judicial Magistrate or the Sessions Judge, as the case may be, if satisfied

on a preliminary enquiry that there is a prima facie case may himself hold enquiry into the

complaint made under sub-section (3) or direct other Judicial Magistrate or Additional Sessions

Judge, as the cane may be to hold enquiry and direct the ministerial officer of the Court to

make a complaint to the Competent Court in respect of offence that may appear to have been

committed.

(60 Notwithstanding anything contained in section 190 of the Code of Criminal

Procedure, 1973, the Competent Court shall on a complaint made under sub-section (5) take

cognizance of the offence and try the same.

(7) The Chief Judicial Magistrate or the Sessions Judge may obtain the assistance of

the Vigilance Commissioner or the District Vigilance Commissioner or any public servant or

authority as he may deem fit in holding the enquiry under sub-section (5).

2 of 1974.

Compen**-

tion in

custodial

offence.

14. (/) Notwithstanding the provisions of Section 357 of the Code of Criminal Procedure,

1973 where the court convicts a public servant of a custodial offence including an offence

resulting in death or bodily injury, being an offence constituted by an act of such public

servant against a person in his custody, the provisions of this section shall apply.

(2) The Court, when pawing judgement in any caw to which this *ectionapplk*,ihall

c*der that the Govcrmnertmooimectioawrm the a i f fo

employed it the tune when inch act was committed, ihall be liable jointly and MveiaUy with

rachpubUcseroart to pay, by way of compensation

order.

{3) An order for payment of compensation under this section may also be made by an

appellate court or by the High Court or Court of Session when exercising its powers of

revision.

(4) While rewarding compensation in any subsequent suit relating to the same matter,

the civil court shall take into account any sum paid or recovered as compensation under this

section.

(5) The amount awarded under this section shall not be less than:

(a) rupees twenty five thousand in case of bodily injury, not resulting in death;

(b) rupees two lakh, in case of death.

(6) In fixing the amount of compensation under this section, the court shall, subject to

the provisions of sub-section (5), take into account all relevant circumstances, including (but

not necessarily limited to) the following:

(a) the type and severity of the injury suffered by the victim;

(b) the mental anguish suffered by the victim;

(c) the expenditure incurred or likely to be incurred on the treatment and

rehabilitation of the victim;

(d) the actual and projected earning capacity of the victim and the impact of its

loss on the persons entitled to compensation and othe. members of the family;

(e) the extent, if any, to which the victim himself contributed to the injury;

(I) the expenses incurred in the prosecution of the case.

( 7) In case of death or permanent disablement of the victim, the court may take into account the estimated annual income of the victim as multiplied by the number of yean of his estimated span of life.

(8) Pending final determination of the proceeding, the Court may award, by way in interim relief, such compensation as it may think proper in the circumstances of the case at any stage of the case, even before judgement of conviction is passed.

(9) The Government may recover any amount paid by it as compensation under this

section wholly or partly as it may think proper, from the delinquent public servant

2 of 1974.

IS. Notwithstanding anything contained in section 197 of the Code of Criminal Procedure, 1973, no previous sanction of the Central or State Government shall be necessary for prosecution of a police officer or a public servant accused of any custodial offence alleged to have been committed by him.

No praviou*

•auction of

Government

for custodial

offence

prosecution*.

16. Whoever, being a police officer or a public servant—

Punlihment

for knowingly

diiobeying

any direction

of law.

(a) knowingly disobeys any direction of any law prohibiting him from requiring the attendance at any place of any person for the purpose of investigation into an offence or other matter, or

(fc) knowingly disobeys any other direction of the law regulating the manner in

which he shall conduct any investigation or arrest, to the prejudice of any person,

shall be punished with imprisonment for a term which may extend to one year or with

fine or with both.

17. (J) Every State Government and the Government of a Union Territory shall, by

notification in toe official Gazette, appoint a parson to be known as the Vigilance

Commissioner for Custodial Offences.

Vigilance

Commluk>Dor

and Diatriot

Vigilance

Cotnmlnloner.

(2) The functions and powers of the Vigilance Commissioner shall be to—

(a) exercise superintendence over all investigations and prosecutions with respect

to custodial offences;

(ft) give directions to the concerned officers in all matters relating to investigation

of and prosecution for custodial offences;

(c) review the progress of investigations and prosecution with respect to custodial

offences;

(d) tender advice to the Government on all matters relating to custodial offences;

(e) call for information from any concerned officer or authority about custodial

offences and about action taken on his recommendation or advice;

(r) collect or cause to be collected such statistics or data and other information as may be necessary for appropriate and effective discharge of the functions of the Commission;

(g) hold any inquiry pursuant to sub-section (7) of section 13; and

(A) discharge any other function as may be prescribed.

(J) The Government may, in consultation with the VigUanoeO)inmissioner, appoint,

by notification hi the Official Gazette, a District VlgflsnceCcmmissiciieTfofesch District

(4) The government may authorise a District Vigilance D>mmisiriooer to have jurisdiction over another district also for which no separate District Vigilance Commissioner has been appointed.

(5)ADistrict Vigilance Commissioner shall have such powers and perform such function

as may be entrusted to him by the Vigilance Commissioner appointed under sub-Mction (7)

and shall discharge his ditties subject to his directions.

(QTl"qi"lifV"tkmlorsppototaortBV^^

CommiMkMMr and their terms sod oooditkni of service shsfl be such as inay be prescribed

(7) The Government may, in oomultttkm with Vhj^bnee O n m t e k n a r, nuke raki

with leaped to suuiglb of me staff of the V(guanos Commissioner or Dislilut Vigilance

CommUikiners and their oondrtions of service.

(fi) The Oovemment shall in making any rules or regulations governing matters relating

to custodial offences, consult its Vigilance Commissioner.

(°) All directions relating to recording and investigations of and prosecution for,

custodial offences given by the Vigilance Commissioner or the District Vigilance Commissioner

shall be binding upon the officer concerned.

(10) The Vigilance Commissioner shall present annually a consolidated report on his

functioning and on the administration of this Act to the Oovemment, and the Government

shall cause a copy thereof, together with its memorandum, to be laid before each House of the

State Legislature within four months from the date of the receipt ofthe report by the Government

or till the Legislature meets, next, whichever is later.

18. (/) The State or the Union Territory Government, as the case may be, may, by

Power to

nuke rolcf.

notification in the Official Gazette, make rules for the purpose of carrying out the provisions

of the Act

(2) In particular, and without prejudice to the generality ofroeforegoing process, such

rules may provide for all or any of the following matters, namely—

(a) the form of the register as to information in respect of custodial crimes

or offences maintained under section 13;

(b) the qualifications for appointment as Vigilance CommUsioDer or District

Vigilance Commissioner and their terms and conditions of service under sub-section

(tf)ofsectionl7;

(c) the strength of the staff and their conditions of service under sub-

section (7) of section 17;

(d) any other power or function of the Vigilance Commissioner to be

prescribed under clause (A) of sub-section (2) of section 17.

19. Every rule made by the Government under this Act shall be laid as soon as may be

Ruloitobc

laid before

LogiiUture.

after it is issued or made, before each House of the Legislature, 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 mat the rule should not be made, the rule shall thereafter have effect only

in such modified form or be of no effect, as the case may be; so, however, that any such

modification or annulment shall be without prejudice to the validity of anything previously

done under that rule.

STATEMENT OF OBJECTS AND REASONS

Incidents of custodial crimes are a matter of serious concern and a disturbing factor in

the society. They reflect 'betrayal of custodial trust by a public servant against the defenceless

citizen.'As the Supreme Court has observed in Kishorc Siugh V. State of Rajasthan (AIR 1982

S C 6 2 4 }-

"nothing is more cowardly and unconscionable than i person in police custody being

beaten up, and nothing inflicts a deeper wound on our constitutional rights."

The constitutional and statutory framework in India contains a number of provisions

safeguarding the liberty and the life of an individual. Nevertheless, there is a pressing need

to supplement these safeguards to deal effectively with custodial offences which represent

an onslaught on the law, human dignity and human right of the defenceless and vulnerables.

There are important judicial pronouncements on the subject In addition the Law Commission,

the National Police Commission, the National Human Rights Commission, etc. have all made

several recommendations.

Provisions against custodial crimes require amendments to a number of central Acts

like the Indian Penal Code (45 of 1860), the Code of Criminal Procedure, 1973, the Indian

Evidence Act, 1872 and others. Instead of these scattered amendments, it is, however,

desirable to have a comprehensive legislation on the subject for the convenience of those

in custody, their relatives, the concerned officials and the human rights organizations.

The Bill seeks to provide for prevention of and protection against custodial crimes,

for compensation in case of custodial offences, for appointment of Vigilance Commissioners

and District Vigilance Commissioners, and for matters connected therewith and incidental

thereto.

G.M.BANATWALLA

NEW DELHI;

August 8,2001.

FINANCIAL MEMORANDUM

In section 14, Sub-section {2) provides for payment of compensation by Government/

public servants concerned to the victims of custodial offence. In section 17, Sub-section (7)

provides for appointment ofVigilance Commissioner for custodial offences and Sub-section

(3) provides for District Vigilance Commissioners, sub-section (6) authorises the Government

of the State or the Union territory to determine their terms and conditions of services. Sub-

section (7) of the said section 17 provides for the staff of the Vigilance Commissioners and

the District Vigilance Commissioners. The Bill, therefore, if enacted, will involve expenditure

from the Consolidated Fund of India or the Consolidated Fund of respective state, as the case

may be.

A rough estimate of non-recurring expenditure to every State is about rupees fifteen

lakh to set up me office of the Vigilance Commissioner and the District Vigilance Commissioners.

The recurring expenditure towards pay and allowances by each State is estimated to be

approximately rupees fifty lakh per annum.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub-section (/) of section 13 of the Bill authorises the Government of the State or the

Union territory, as the case may be, to prescribe the form of the register as to information in

respect of custodial offences.

2. Sub-section (<$) of section 17 empowers the concerned Government to prescribe by

rules made under the Act, the qualificarbns for appointment as Vigilance Commissioner or

District Vigilance Commissioners and to fix their terms and conditions of service.

3. Sub-section (7) of section 17 lays down that the strength of the staff for the Vigilance

Commissioner and the District Vigilance Commissioners and their conditions of service be

prescribed by the Government concerned.

4. Section 18 of the Bill empowers the State or the Union territory Government to make

rules, by notification in the official Gazette, for the purpose of carrying out the provisions of

the Bill. In particular, such rules may provide for all or any of the matters mentioned in

paragraphs 1 and 2 above.

5. Section 19 provides that rules made under the Bill are required to be laid before the

Legislature.

6. The matters in respect of which rules may be made are generally matters of procedure

or administrative details and it is not practicable to make detailed provisions for them in the

Bill itself. The delegation of legislative power is, therefore, of a normal character.

G.C.MALHOTRA,

Secretary General.

PRINTED BY THB MANAGER, GOVERNMENT OF INDIA PRBSS (PLU), MINTO ROAD, NEW DELHI

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

MQIP(PLU)MRND—3690QI—20-12-2001.