REGISTERED NO. DL-33004/2001

EXTRAORDINARY

PART II —Section 2

PUBLISHED BY AUTHORITY

No. 48]

NEW DELHI, WEDNESDAY, DECEMBER 5,2001 / AGRAHAYANA 14,1923

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 5th December, 2001:—

BILL No. LXXXII OF 2001

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

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

follows;—

1. This Act may be called the Representation of the People (Amendment) Act, 2001.

Short title.

43 of 1951.

2. In the Representation of the People Act, 1951 (hereinafter referred to as the princi-

pal Act), in section 3, for the words "in that State or territory", the words "in India" shall

be' substituted.

Amendment of

section 3.

3. In section 59 of the principal Act, the following proviso shall be inserted at the

end, namely:—

"Provided that the votes at every election to fill a seat or seats in the Council of States

shall be given by open ballot.".

Amendment of

section 59.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Amendment of

section 94.

4. In section 94 of the principal Act, the following proviso shall be inserted at the end,

namely:—

"Provided that this section shall not apply to such witness or other person where he

has voted by open ballot.".

Amendment of

section 128.

5. In section 128 of the principal Act, in sub-section (7), the following proviso shall

be inserted at the end, namely:—

"Provided that the provisions of this sub-section shall not apply to such officer,

clerk, agent or other person who performs any such duty at an election to fill a seat or

seats in the Council of States.".

SEC. 21

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Section 3 of the Representation of the People Act, 1951 prescribes residential quali-

fication for contesting elections to the Council of States. There have been

numerous

instances where the persons who are normally not residing in a particular State have got

themselves registered as voters in that State, simply to contest an election to the Council

of States. The Chief Election Commissioner, while discussing this aspect in the all party

meeting held on 29th April, 2000 was of the view that a precise definition of 'ordinarily

resident' was very difficult and emphasised that it was for the political parties, acting

through Parliament, to carry out what in their judgment, might be the best possible solution,

in the light of the experience of the past fifty years.

2. The Ethics Committee of Parliament in paragraph 19 of its first report presented

to Parliament on 8th December, 1998 recommended that the issue relating to open-ballot

system for elections to the Rajya Sabha be examined. The issue has again given rise to

concerns in the wake of allegations of money power made in the media in respect to

biennial elections to the Council of States held in March-April, 2000.

3. In the light t)f the above, the aforesaid issues were examined in depth by the

Government and it has been decided to do away with the requirement of residence of a

particular State or Union territory for contesting election to the Council of States from

that State or Union territory and also to introduce open ballot system for elections to the

Council of States. Accordingly, suitable amendments are proposed to be made in certain

sections of the Representation of the People Act, 1951 relating to qualification for

membership of the Council of States, the manner of voting

of elections, secrecy of

voting and maintenance of secrecy of voting by officers, clerks, agents or other persons

performing the election duty.

4. The Bill seeks to achieve the aforesaid objects.

ARUN JAITLEY.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART 1,1—

BiixNo.L'KxxmoF2001

A Bill farther to amend the All-India Institute of Medical Sciences Act, 1956.

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

follows:—

Short title and

commence-

ment.

1. (I) This Act may be called the All-India Institute of Medical Sciences

(Amendment) Act, 2001.

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

notification in the Official Gazette, appoint.

Substitution of

new section for

section 23.

2. For section 23 of the All-India Institute of Medical Sciences Act, 1956

(hereinafter referrejj to as the principal Act), the following section shall be substituted,

namely:—

25 of 1956.

Recognition of

medical, dental

and nursing

qualifications

granted by the

Institute.

"23. Notwithstanding anything contained in the Indian Medical Council

Act, 1956, the Dentists Act, 1948 and the Indian Nursing Council Act, 1947, the

medical, dental nursing degrees or diplomas, as the case may be, granted by the

Institute under this Act shall be recognised—

102 of 1956.

16 of 1948.

48 of 1947.

SBC 2]

THE GAZETTE OF INDIA EXTRAORDINARY

102 of 1956.

(a) medical qualifications for the purpose of the Indian Medical

Council Act, 1956 and shall be deemed to be included in the First Schedule

to that Act;

16 of 1948.

(b) dental qualifications for the purpose of the Dentists Act, 1948 and

shall be deemed to be included in the Schedule to that Act; and

48 of 1947.

Council Act, 1947 and shall be deemed to be included in the Schedule to

that Act.".

3. For section 24 of the principal Act, the following section shall be substituted,

namely:—

Substitution of

new section for

section 24.

"24. Notwithstanding anything contained in any other law for the time

being in force, the Institute snail have power to grant medical, dental or nursing

degrees, diplomas and other academic distinctions and titles under this Act.".

Grant of

medical, dental

or nun Ing

degrees,

diplomas, etc.,

by the Institute

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 2]

STATEMENT OF OBJECTS AND REASONS

The All-India Institute of Medical Sciences was established as an autonomous

body in 1956 in accordance with the provisions of the All-India Institute of Medical

Sciences Act, 1956. The Institute has been awarding medical degrees and diplomas

which are recognised medical qualifications. Section 14 of the said Act provides that

the All-India Institute of Medical Sciences may establish and maintain dental college

as well as a nursing college. However, sections 23 and 24 of the Act presently recognise

only the medical degrees and diplomas granted by the Institute as medical qualifications

for the purposes of the Indian Medical Council Act, 1956, and the dental and nursing

degrees and diplomas are not so recognised. Therefore, there is a need to amend the

All-India Institute of Medical Sciences Act, 1956 so that the dental and nursing

qualifications are also recognised for the purposes of the Dentists Act, 1948 and the

Indian Nursing Council Act, 1947, respectively.

2. The Bill seeks to achieve the above objects.

C. P. THAKUR.

FINANCIAL MEMORANDUM

The All-India Institute of Medical Sciences (Amendment) Bill, 2001 seeks to

provide for recognition of dental as well as nursing degree and diploma under the

Dentists Act, 1948 and the Indian Nursing Council Act, 1947, respectively.

2. If the Bill is passed, it shall involve no financial expenditure.

R.C. TRIPATHI,

Secretary-General.

PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA UNDER RULE 6 8 OF THE RULES OF

PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA, 2 0 0 2 .

MQIP(PLU)MRND-4109QI—09-01 -2002.