REGISTERED NO, DL-33004/2001

The Gazette of India

EXTRAORDINARY

PART II —Section 2

PUBLISHED BY AUTHORITY

No. 45]

NEW DELHI, WEDNESDAY, NOVEMBER 28, 2001 / KARTIKA 7,1923

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

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 28th November, 2001:—

BILL No. LXXVI OF 2001

A Bill further to amend the Coast Guard Act. 1978.

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

follows:—-

1. This Act may be called the Coast Guard (Amendment) Acl, 2001.

Short title.

30 of 1978.

2. In section 2 of the Coast Guard Act, 1978 (hereinafter referred to as the principal

Act), in clause (w), for the words "or a Sahayaka Engineer", the words, "a Sahayak Engineer

or a Pradhan Yantrik" shall be substituted.

Amendment

of section 2.

3. In section 25 of the principal Act, for sub-section (2), (he following shall be

substituted, namely:—

"(2) Every person who deserts or attempts to desert the Coast Guard shall, on

conviction by a Coast Guard Court, be liable to suffe. imprisonment for a term which

may extend to seven years or such less punishment as is in this Act mentioned and in

every such case he shall forfeit,—

(a) all pay, salvage, prize money and allowances that have been earned

by him;

Amendment

of section 25.

THE GAZETTE OF INDIA EXTRAORDINARY

[PARTII—

(b) pension and gratuity, medals and decorations that have been granted

to hire; and

(c) all clothes and effects which he may have left on board the ship or the

place froin which he deserted,

unless the Tribunal by which he is tried or the Central Government or the Director-

General otherwise directs.

Explanation.—IFoi the purposes of this sub-section, all pay, salvage, prize money

and allowances shall be deemed to have been earned by a person when such pay,

salvage, prize money and allowances have become due but have not been paid to

him.".

Amendment

of section 5).

4. In section 51 of the principal Act,—

(i) in sub-section (7), for the words "within three years from the commission of

such offence" occurring at the end, the following shall be substituted, namely:—

"within a period of three years from the commission of such offence and such

period shall commence,—

(a) on the date of the offence; or

(b) where the commission of the offence was not known to the

person aggrieved by the offence or to the authority competent to initiate

action, the first day on which such offence comes to the knowledge of

such person or authority; or

the first day on which the identity of the offender becomes known to the

person aggrieved by the offence or to the authority competent to initiate

action,

whichever is earlier.

Explanation.—For the purposes of this sub-section, in the computation

of the period of time mentioned in this sub-section, any time spent by such

person, as a prisoner of war in the enemy territory, or in evading arrest, after the

commission of the offence, shall be excluded";

(ii) after sub-section (7), the following sub-section shall be inserted, namely:—

"(I A) Where a proceeding in respect of an offence has been stayed by an

injunction or an order of a court, then, in computing the period of limitation

under this section, the period of the continual ve of the injunction or order, the

day on which it was issued or made, and the day on which it was withdrawn

shall be excVided.".

Amendment

of section 52.

5. In section 52 of the principal Act, in sub-sectioi, (2), for the words "within six

months after he has ceased to be subject of this Act", th'j following shall be substituted,

namely:—

"within a period of two years after he has ceased to be subject to this Act; and in

computing such period, the time during which such person has avoided arrest by

absconding or concealing himself or where a proceeding in respect of an offence has

been stayed by an injunction or order, the period of the continuance of the injunction

or order, the day on which it was issued or made and the day on which it was

withdrawn, shall be excluded".

SRC. 21

THE GAZETTE OF INDIA EXTRAORDINARY

6. In section 56 of the principal Act, after the words and figures "manner stated in

section 57", the words, figures and letter "or section 57A'^; shall be inserted,

Amendment

of soclion 56

7. After section 57 of the principal Act, the following section shall be inserted,

namely:—

Insertion

new

section

57A.

"57 A. (/) The Director-General or an officer not below the rank of Deputy

Inspector-General who is appointed as Commander of a region or such other officer as

is, with the consent of the Central Government, specified by the Director-General,

may in the prescribed manner proceed against nn officer below the rank of

Commandant, who is charged with an offence under this Act and award such person

one or more of the following punishments, that is to say,—

(a) forfeiture of seniority of rank or in the case of any of them whose

promotion depends upon length of service, forfeiture of service for the purpose

of promotion, for a period not exceeding twelve months, but subject to the

right of the accused, previous to the award, to elect to be tried by a Coast Guard

Court;

(b) forfeiture of seniority of rank, or in the case of any of them whose

promotion depends upon length of service, forleiture of service for the purpose

of promotion for a period not exceeding six months, but subject to the right of

the accused, previous to the award, to elect to be tried by a Coast Guard Court;

(d) severe reprimand:

Provided that no punishment specified in clause (a) shall be inflicted by an

officer other than the Director-General:

Provided further that no punishment specified in clause (b) shall be inflicted by

an officer below the rank of Deputy Inspector-General who is appointed as the

Commander of a region.".

Punishment

for

officers

below

the

rank

Commandant.

8. In section 58 of the principal Act, after sub-section (7), the following sub-section

shall be inserted, namely:—

"(#) Where mulcts of pay and allowances ^.re awarded for absence without

leave, the absence shall be treated as regularised lor all nurooscs",

Amendment

of section 58.

9. In section 86 of the principal Act, in sub-section (7), after the words "Assistant

Chemical Examiner to Government", the words "or any of the Government scientific experts,

namely, the Chief Inspector of the Explosives, the Director of the Fingerprint Bureau, the

Director, Haffkeine Institute, Mumbai, the Director of a Central Forensic Science Laboratory

or a State Forensic Science Laboratory and the Serologist to the Government" shall be

inserted.

Amendment

of section 86.

10. In section 87 of the principal Act, in sub-section (/), after the words and figures

"award of punishment under section 57", the words, figures and letter "or section 57A"

shall be inserted.

Amendment

of section 87.

11. In section 123 of the principal Act, in sub-section (2), after clause (/), the following

clause shall be inserted, namely:—

"(fa) the manner in which proceedings may be initiated under section 57A;".

Amendment

of section 123.

THE GAZETTE OF INDIA EXTRAORDINARY

[PARTU—

STATEMENT OF OBJECTS AND REASONS

The Coast Guard Act, 1978 came into force on the 19th August, 1978. This Act is an

amalgam of certain provisions from the Border Security Force Act, 1968, the Army Act,

1950 and the Navy Act, 1957.

2, With a view to bring the provisions of the Coast Guard Act, 1978 in conformity

with the provisions of the Army Act, 1950, the Navy Act, 1957 and the Code of Criminal

Procedure, 1973, it is pioposed to amend the Act to provide, inter alia, the following,

namely:—

(a) inclusion of the rank of Pradhan Yantrik in the definition of the expression

"subordinate officer";

(b) making the punishment for the offence of desertion more deterrent;

(c) increasing the lime-limit within which the trial of the offender should begin

where more time is spent in investigation of an offence or the commission of an

offence comes to light after a long gap of its occurrence;

(d) increasing the existing time-limit during which trial of personnel ceasing

lo be subject lo the Act shall commence;

(e) providing for punishment of officers below the rank of Commandant by the

Director-General, Coast Guard and other authorities for expeditious trial of such

officers for the offences which are of less serious nature;

(/) regularization of absence of personnel punished with mulcts of pay and

allowances;

(g) admissibility of reports of certain scientific experts as evidence in a trial

proceedings,

3. Earlier a Bill, namely, the Coast Guard (Amendment) Bill, 1996 was introduced in

the Rajya Sabha on 26th November, 1996 which was referred to the Standing Committee

on Defence and thereafter to the Select Committee. The Select Committee made certain

recommendations, some of which have also been incorporated in the proposed Bill. These

include the forfeiture of all pay, salvage, prize money and allowances which have become

due but have not been paid, in addition to certain other punishments which were proposed

in the previous Bill. The proposed Bill also increases the existing time-limit from six

months to two years during which trial of personnel ceasing to be subject to the Act shall

commence.

4. This Bill seeks to achieve the aforesaid objects.

GEORGE FERNANDES.

THE GAZETTE OF INDIA EXTRAORDINARY

[PAKTII—

BILLNO.LXXXIOF200I

A Bill to amend the National Institute of Pharmaceutical Education and Research

Act, 1998.

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

follows:—

1. This Act may be called the National Institute of Pharmaceutical Education and

Research (Amendment) Act, 2001.

Short title.

Amendment

of section 4

of Act 13 of

2. In section 4 of ihe National Institute of Pharmaceutical Education and Research

Act, 1998, in sub-section (4), the following proviso shall be inserted, namely:—

"Provided that the term of office of a member nominated under clause (o) of

sub-section (3) shall come to an end as soon as he becomes a Minister or Minister of

State or Deputy Minister, or the Speaker or the Deputy Speaker of the House of the

People, or the Deputy Chairman of the Council of States, or ceases to be a member of

the House from which he was nominated".

SRT.2|

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The National Institute of Pharmaceutical Education and Research Act, 1998, inter

alia, provides for the nomination of three Members of Parliament, two from Lok Sabha and

one from Rajya Sabha on the Board of Governors of the Institute. At present, there is no

provision in the said Act to the effect that a Member of Parliament, upon becoming a

Minister or Speaker or Deputy Speaker of Lok Sabha or Deputy Chairman of Rajya Sabha,

ceases to be a member of the governing body of the Institute.

2. The National Institute of Pharmaceutical Education and Research (Amendment)

Bill, 2001 seeks to provide for termination of the membership on the Board of Governors of

(he Institute of a Member of Parliament nominated under clause (o) of sub-section (3) of

section 4 of the said Act on his becoming a Minister or Minister of State or Deputy Minister

or Speaker or Deputy Speaker of the Lok Sabha or Deputy Chairman of the Rajya Sabha or

where such person ceases to be Member of the House from which he was nominated.

3. The Bill seeks to achieve the above objects.

SUKHDEV SINGH DHINDSA.

R.C.TRIPATHI,

Secretary-General.

PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA UNDER RULE 68 OF THE RULES OF PROCEDURE AND

CONDUCT OF BUSINESS IN THE RAJYA SABHA, 2 0 0 1 .

MGIP(PLU)MRND—3848GOI—15.12.2001.