The National Driking Water Scheme Act, 2003.

REGISTERED NO . DL-(N) 04/0007/2003-05

रजिस्ट्री सं ० डी० एल० (एन ) 04/ 0007/ 2003-05

भारत को राजपत्र TheGazette ofIndia

असाधारण

EXTRAORDINARY

भागः II- खण्ड 2

PART II- Section 2

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

सं० 48]

नईदिल्ली, शुक्रवार, दिसम्बर 19 , 2003 / अग्रहायण 28 , 1925

No. 48] NEW DELHI, FRIDAY, DECEMBER 19, 2003/AGRAHAYANA 28 , 1925

इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।

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

RAJYA SAВНА

The following Bills were introduced in the Rajya Sabha on 19th December, 2003 :-

BILL NO . L OF 2003

A Bill to provide for the formulation of National Scheme by the Central Government to make available drinking water in every urban area and village throughout the country with special attention towards desert and drought prone areas and for matters connected therewith.

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

follows:-

Short title .

1. ThisAct may be called the National Drinking Water Scheme Act , 2003 .

Definitions .

2. In the Act unless the context otherwise requires ,-

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

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

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II- 3. (1) The Central Government shall frame a Scheme to be known as the "National Drinking Water Scheme " in order to make available adequate drinking water to citizens throughout the country within a time frame.

Formulation ofNational Drinking Water Scheme.

(2) The Scheme shall , among other things provide for,-

(a) special priority plans for such villages where there is not a single source of drinking water;

(b) safe drinking water facilities in such areas where the available water is saline or contains excess iron elements , fluoride or other toxic or noxious substances or is otherwise not fit for human consumption;

(c) installation of adequate number of handpumps and digging of covered wells in such areas where people use pond water for their drinking , cooking and washing purposes ;

(d) special plans for making available drinking water throughout the year in areas which are drought prone particularly in the States of Bihar , Madhya Pradesh, Orissa and Andhra Pradesh ;

(e) utilising river waters for drinking purposes; and

() such other plans as may be formulated from time to time .

4. (1) The Scheme shall be administered by the appropriate Government.

Appropriate Government to administer the Scheme.

(2) The Central Government shall provide necessary funds for the administration of the Scheme by due appropriation made by Parliament by law in this behalf from time to time .

Power to make rules.

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

THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 2]

STATEMENT OF OBJECTS AND REASONS

Water is a necessity for all the living things in this universe . Without it life is no more. We require potable water for our consumption but unfortunately potable water is scarce in most parts of our country despite the fact that nature has gifted us water in abundance in the form ofrivers , ponds , seas and undergound water reserves . Even the National Capital Territory ofDelhi consistently faces acute shortage of drinking water not to talk of far flung rural areas ofthe countrywhich are generally neglected while formulating the national priorities . There are thousands of villages in the country where there is not a single source of drinking water. Women in such areas have to travel miles away wasting many hours to bring one or two pitchers ofdrinking water to quench their thirst. Sometimes even this small quantity ofwater is not easily available .

Then there are some areas where the available water is saline in taste, or contains excess iron elements or fluoride or toxic or noxious substances . In Madhya Pradesh there is a riverwhich is known as "Khooni Nadi " in the tribal areas because the water is red in colour because ofexcessive iron elements in the water. But people are forced to consume that water as there is no other source of water in the area. Similarly crores of people in almost all the Statesparticularly in Madhya Pradesh , Bihar, Orissa, and other parts of the country are forced to consume stagnated pond water infested with dangerous virus and worms which results in various ailments to the people and many of them die prematurely. On the other hand the river water is going waste in the sea. This is due to the wrong policies adopted by the authorities that the drinking water problem continues to persist .

Drinking water is a State subject under the Seventh Schedule to the Constitution but due to the scarcity of funds most of the States have not succeeded in providing potable waterto their citizens . It is, therefore, necessary that Central Government must come forward in providing adequate potable water to the citizens which is a necessity for every one . It is, therefore, proposed in this Bill that the Central Government should frame a National Drinking Water Scheme to provide drinking water in every nook and corner of the country and also administer the Scheme . The Union Government has to start the Scheme in a big way to provide drinking water throughout the country with special attention towards area where there is not a single source of water or drought prone areas of the country or such areas where safe drinking water is not available .

Hence this Bill .

SURESH PACHOURI .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides that the Central Government shall frame a National DrinkingWater Scheme to provide potable water throughout the country. The Bill, ifenacted andbrought into operation will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees Five Thousand Crores per annum will be involved as recurring expenditure.

A sum of rupees Hundred Crores is also likely to be involved as non recurring expenditure.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 5 oftheBill empowers the Central Government to make rules for carrying out the purposes of the Bill. The rules will relate to matters ofdetails only.

The delegation of legislative power is of normal character.

THE GAZETTE OF INDIA EXTRAORDINARY

SEC.2]

BILL NO . LI OF 2003

A Bill to provide for the rehabilitation and financial assistance to the victims of natural calamities such as floods, droughts , cyclones , hailstorms and earthquakes and for matters connected therewith .

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

1.(1) This Act may be called the Victims of Natural Calamities (Rehabilitation and Financial Assistance) Act , 2003 .

Short title, extent and commence- ment.

(2) It extends to the whole of India.

(3) It shall come into force with immediate effect .

Definitions .

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

(a) "Commissioner " means the Commissioner appointed under Section 9 ;

(b) "Government " means the Central Government;

(c) "natural calamity " includes drought , flood , cyclone , hailstorm , landslide , earthquake or any such eventuality caused by nature ;

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II- (d) "prescribed " means prescribed by rules made under this Act;

(e) " victim " means any person who is affected bodily or whose property, livestock , crop , orchard, field or machine and tools have been affected or damaged by any natural calamity.

Financial assistance in case of death .

3. Ifany person loses his life due to any natural calamity, the Government shall, on an application made in the prescribed form by his surviving next of kin , pay a minimum sum of rupees one lakh as financial assistance to such next of kin of the victim.

4.(1) If any person is injured due to any natural calamity, the Government shali givehim such financial relief as may be prescribed according to the nature of injury received by him.

Financial relief and medical aid in case of injury.

(2) In addition to the financial relief referred to in sub - section (1) the victim shail also receive adequate medical aid from the Government for such period as may be prescribed.

Financial assistance for damages to crops.

5.Every person whose standing crops are demaged due to any natural calamity shali , on an application made in the prescribed form , be given adequate financial assistance by the Government in proportion to the loss caused to the crop by the natural calamity.

6. (1) The Government shall provide to every family, whose House has been destroyed by natural calamity , a dwelling house preferably at the same place .

(2) Ifdamage has heen caused by natural calamity to cultivabie or other land of any person the Government shali provide alternative land site to such person within a reasonable distance from his residence .

Provision of housing in case of destruction of house and other immovable properties.

7. Every person losing his livestock due to natural calamityshall , on an application made on the prescribed form , be paid adequate financial assistance by the Government .

Financial assistance for loss of livestock .

8. The Government or the Government of a State or Union Territory Administration , in whose territorial jurisdiction any person loses his life due to a natural calamity, shall provide a suitable job to one of the eligible dependents of the persons killed in the natural calamity.

Job for the dependent of person killed in natural calamity.

9. The Government shall, as soon as may be , appoint a Commissioner with such other staff as may be necessary for setting the claims and disbursing the financial assistance to the victims of natural calamity under this Act:

Commissioner to settle claims and disburse financial assistance.

Provided that the financial assistance shall be disbursed , as soon as may be , but not later than three months of the occurrence of the natural calamity.

Savings.

10. The provisions of this Act shall be addition to an not in derogation of any other law for the time being in force regulating any of the matters dealt with in this Act .

Powerto remove difficulties.

11. If any difficulty arises in giving effect to the provisions of this Act , the Government may make such order or give such direction , not inconsistent with the provisions of this Act , as appears to it to be necessary or expedient for the removal of such difficulty.

Powerto make rules .

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

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Our country is prone to various natural calamities such as floods, droughts , storms , hailstorms , cyclones and earthquakes resulting inextensive damage to life and property. Floods are an annual occurrence in Assam , Bihar , U.P. , Madhya Pradesh, West Bengal , Tripura and other parts of the country, Droughts are very common and frequent throughout the country. Cyclones cause havoc in the coastal areas whereas storms and hailstorms are very frequent in hilly areas as well as in the nearby planes . Now the earthquakes have also started worrying the nation . The havoc caused by the October 1991 earthquake in the hills of U.P. is fresh in our memory. We have also not forgotten the extensive damage caused by earthquake in the State of Gujarat in the year 2001. As such the natural calamities are some of the causes of our backwardness . It is so because extensive damage is caused by them to standing crops , livestocks , cultivable lands , roads , bridges , houses and other property apart from taking away precious human lives . The nation has to divert its resources towards rescue and rehabilitation processes and on repairs and construction of the roads, bridges , fields , buildings , etc. which put a heavy burden on the exchequer. Fortunately, the entire nation rises to face such calamities but the loss caused thereby can never be recovered by any means .

Of course, we cannot stop the occurrence of natural calamities but certainly with our combined efforts we can minimise the miseries of the victims of such natural calamities by providing them with timely financial relief and extending the rehabilitation programmes to them . As usual , the Central Government has to play the main role in this process .At present there is no law which gives automatic relief to the victims of nautral calamities . The States remain dependent on Centre for providing relief to the victims . Sometimes delay is caused in rushing relief due to procedural wrangles . Hence it is felt that statutory provision should be made to help the victims of natural calamities instantly. An attempt has been made in this Bill to provide for giving instant relief to the victims ofnatural calamities .

Hence this Bill .

SURESH PACHOURI .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for financial assistance of one lakh to the next of kin of a person who dies in any natural calamity. Clause 4 provides for medical aid to the victims . Clause 5 provides for financial assistance for damage to standing crops . Similarly clauses 6 and 7 provide for dwelling units and financial assistance for loss of livestock respectively. The Bill , therefore , if enacted , would involve expenditure from the consolidated Fund of India . As the natural calamities can not be predicted, the recurring expenditure that would be involved cannot be calculated , at this stage . But it is estimated that an expenditure of rupees five hundred crores per annum would be involved from the Consolidated Fund of India .

A non - recurring expenditure to the tune of rupees fifty lakhs would also be involved.

MEMORAMDUM REGARDING DELEGATED LEGISLATION

Clause 12 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill . As such the matter will related to details only. The delegation oflegislative power is of normal character .

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

III

BILL NO . LII OF 2003

A Bill to prevent the Central and State Governments from prescribing syllabi for the schools and educational institutions containing communal bias or agenda and nominating persons with communal background to the apex bodies connected with education like NCERT, UGC , governing bodies of Universities, Centres promoting art, culture, history, science and such other bodies and interfering in the research and other works of educational bodies and attempts to change the facts relating to history, culture and heritage of the society and for matters connected therewith .

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

follows:--

1. (1) This Act may be called the Prevention of Communalisation of Education , History, Heritage and Educational Institutions Act, 2003.

Short title, extent and commence- ment .

(2) It extends to the whole of India.

(3) It shall come into force with immediate effect.

Definitions .

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

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

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II- (b) "educational institutions " include all the educational institutions right from the preparatory level to university level whether run with Government funds orby private individuals or bodies ;

(c) " educational bodies" include all the bodies such as Boards , Councils , Registries , Commissions and Academies etc. directly or indirectly connected with education;

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

3. Notwithstanding anything contained in any other law for the time being in force , no educational body authorised for prescribing syllabus for various classes , courses; and degrees shall approve any syllabus which contains communal bias or agenda or propose to change the historical facts being taught in any educational institutions.

Prohibition of prescribing syllabus containing communal material or educational institutions .

4. (1) Notwithstanding anything contained in any other law for the time being in force , no Minister of the appropriate Government shall nominate any person having communal or criminal background to any educational body in any capacity whatsoever, either under his discretionary powers or under any authority conferred upon him by any law for the time being in force .

Prohibition of nomination of person with communal background to educational bodies.

initio. (2) Any nomination made in contravention of sub - section ( 1 ) shall be void ab- 5. (1 ) Any book prescribed for the syllabus of any educational institution containing communal bias or agenda or an attempt to change the historical facts therein shall be confiscated by the district administration through the local police and destroyed in such manner as may be prescribed .

Power to confiscate syllabus book having communal bias or agenda .

(2) The appropriate Government shall withdraw the book from the syllabus which has been confiscated under sub - section ( 1 ) with immediate effect .

6. Notwithstanding anything contained in any other law for the time being inforce , no Minister or any authority of the appropriate Government shall, interfere in any research work of any historian or academician in any manner whatsoever nor shall attempt to change the facts of history or culture or heritage of the nation .

Prohibition of interfering in the research work and changing historical facts.

Power to make rules .

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

THE GAZETTE OF INDIA EXTRAORDINARY

SEC.2]

STATEMENT OF OBJECTS AND REASONS

Ours is a secular country. Against all odds , the secular image of the country has stood the test of the time . Of late there have been attempts to tarnish the secular image of the country by changing some portions of textbooks in schools and colleges and by appointing some controversial persons at various educational , cultural , historical bodies . In order to continue with secularism , the syllabi of schools and colleges should be prescribed in such manner so as to work for its furtherance rather than otherwise . The syllabi should not be altered frequently so as to suit the requirements of one or other political party. The tender minds should not be inflicted with the sword of communalism. Inthe educational bodies like UGC , NCERT, etc. , persons with high repute and respect should be nominated. The persons appointed to represent such bodies should be above political consideration . Similarly, the institutions of culture , history and heritage should reflect the secular image of the country. In these organizations also , the persons appointed should be non -controversial and command respect in the society so that they work in their respective fields without any pressure . Further, there is also a need for prohibition on government agencies to interfere with the work of there institutions .

Hence this Bill .

SURESH PACHOURI .

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 7 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. The rules will related to matters of details only.

The delegation of legislative power is of normal character .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

BILL NO . LXIII OF 2003

ABill toprovidefor the care , maintenance and other welfare measures to be undertaken by the Union and State Governments for the needy and neglected senior citizens who cannot maintain themselves or who have been neglected by their children for economic and other compelling reasons and for the care , rehabilitation and welfare measures for the orphan and runaway street children by the State through education and other means and for matters connected therewith and incidental thereto .

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

1. (1) This Act may be called the Needy and Neglected Senior Citizens and Orphans and Runaway Children ( Care , Rehabilitation and Welfare) Act, 2003 .

Shorttitle , extent and commence- ment.

(2) It extends to the whole of India.

(3) Itshall come into force with immediate effect .

THE GAZETTE OF INDIA EXTRAORDINARY

SEC.2]

Definitions .

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

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

(b) " child" means a boy or girl who is below the age of eighteen years;

(d) " runaway child " means a child who has run away from the house of his parents for whatever reasons and uncared for ;

more. (e) " senior citizen " means a citizen who has attained the age of sixty years or

3. (1) Notwithstanding anything contained in any other law for the time being in force, no person shall neglect or refuse to maintain his old parents who are unable to maintain themselves :

Provided that where the economic condition of the person is so bad that he can in no way maintain and take care of his parents , he shall be exempted from doing so in such manner as may be prescribed.

Compulsory maintenance ofold parents by children and of the needy and neglected senior citizens by the State.

(2) It shall be the duty of the State to take care , maintain and rehabilitate the needy, neglected , physically challenged and indigent senior citizens and undertake various wel- faremeasures for them in such manner as may be prescribed.

4. (1) The appropriate Government shall maintain a district- wise register of all or- phans and runaway street children .

(2) The register shall be maintained in such manner and shall contain such informa- tionasmay be prescribed.

(3) It shall be the duty of the appropriate Government to establish such number of shelters as it may deem necessary for board and lodging of the orphan and runaway street, children free of cost.

(4) The facilities in these shelters shall be such as may he prescribed .

(5) The appropriate Government shall open sufficient number of schools and techni- cal education institutes for the purposes of this Act in order to provide free of cost education to the children covered under this Act .

5. (1) There shall be constituted by the Central Government a fund to be known as " the Senior Citizens and Orphan and Street Children Welfare Fund " to carry out the purposes of this Act .

Constitution ofsenior citizens and orphan and Street Children Welfare Fund .

(2) The fund shall consist of the sums paid into it by Central and State Governments , or donations received from Corporate world, individuals or from international agencies.

Power to make rules .

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

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

STATEMENT OF OBJECTS AND REASONS

We, in India have always been proud of our culture. Paying respect to the old and taking care of the young has been part of our traditions . But in the changing times due to various influences , these values are being lost . Some people have begun to believe that it is not their duty to look after their parents when they get old. They, therefore , put them in old age homes . Many children who feel neglected runaway from their homes to find themselves finally on the streets and they often end up as criminals . Senior citizens who have suffered neglect at the hands of their children often join old age homes and today the number of old age homes is far short of the demand, as a result many neglected old and aged parents are shelterless . The story is not very different in case of orphans and runaway children. They too suffer from neglect and there are not enough shelters available for them . It is our respon- sibility to ensure welfare of all Indian citizens.

Hence this Bill.

SANTOSH BAGRODIA.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 6 of the Bill empowers the Central Government to make rules for the purposes of this Bill . The rules relate to matters of details only.

The delegation of legislative power is of a normal character.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides that Central Government shall take care , maintain and rehabilitate the needy, neglected, physically challenged and indignant senior citizens and undertake welfare measures . Clause 4 provides for registration of runaway street children and orphans and provision of shelter and other amenities for them . Clause 5 of the Bill entails that Central Government shall constitute " the Senior Citizens and Orphan and Street Chil- dren Welfare Fund " to carry out the purposes of theAct .

TheBill , therefore , if enacted would involve expenditure from the Consolidated Fund ofIndia. The recurring and non - recurring expenditure on it cannot be estimated at this stage , but has to be worked out by Central Government while implementing the provisions of the Act.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO . LXX OF 2003

A Billfurther to amend the Constitution of India.

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

1. ( 1) This Act may be called the Constitution (Amendment ) Act, 2003 .

(2) It shall come into force at once .

Short title and com- mencement .

2.After article24 of the Constitution , the following article shall be inserted namely: --- Insertion of new article 24A.

" 24A All citizens , shall have the right to secure adequate means of livelihood. " Right 10

adequate

means of

livelihood .

3. In article 39 of the Constitution clause (a) shall be omitted .

Amendment ofarticle 39 .

[PART II- THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The problem of unemployment in the country is getting critical . Labour laws have become irrelevant in the changed scenario due to new economic policy. The employers pay salary to their employees arbitrarily. The founding fathers of the Constitution , under the Directive Principles of State Policy urged the State to follow such a policy so that every citizen could get employment and equal pay for equal work . The policies are being framed in such a manner that avenues of employment are getting reduced and there is no obligation on the Government to implement the directives concerning employment and pay which are envisaged in the Part IV of the Constitution relating to the , Directive principles of the State Policy. Ifa provision is made for adequate means of livelihood in Fundamental Rights then it will be inevitable for the State to fulfil the obligations .

Hence this Bill .

ABU ASIM AZMI .

THE GAZETTE OF INDIA EXTRAORDINARY

SEC.2]

BILL NO . LXXI OF 2003

ABillfurther to amend the Salaries and Allowances ofOfficers ofParliament Act, 1953.

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

1. (1) This Act may be called the Salaries and Allowances of Officers of Parliament (Amendment)Act, 2003 .

Short title and commence- ment .

(2) Itshall come into force at once .

2. In section 7A of the Salaries and Allowances of Officers ofParliament Act, 1953 :-

(a) For sub- section (1) , the following sub - sections shall be substituted namely:

Amendment of section 7A of Act 20 of 1953 .

Pensinn to Speaker and family pension spouse of Speaker. etc. lo (1) With effect from the commencement of the Salaries and Allowances of Officers of Parliament ( Amendment ) Act, 2003 , there shall be paid to every person who ceases to hold office as Speaker of the Lok Sabha, either by the expiration of his term ofoffice or by resignation of his office provided that in either case he has held that office for not less than three years , a pension at the rate of fifty per cent of the salary last drawn by him for the remainder ofhis life:

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

Provided that such person shall not be entitled to receive any pension during the period he holds the office of the Prime Minister, a Minister or any other office ( including that of the Speaker, Lok Sabha) or becomes a Member ofParliament and is in receipt of salary and allowances which are defrayed out ofthe Consolidated Fund of India or the Consolidated Fund of State.

(2) The spouse of a person who dies :-

(1) while holding the office of speaker, Lok Sabha, or

(ii) after ceasing to hold the office of Speaker, Lok Sabha either by the expiration ofhis term or by resignation of his office provided that in either case he has held that office for not less than three years,

shall be paid a family pension at the rate of fifty per cent of the pension as would have been admissible to the Speaker himself on his death or retirement as the casemaybe.

(b) Sub - sections (2) and (3 ) shall be renumbered as sub - sections (3 ) and ( 4) respectively.

SEC.2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Salaries and Allowances of Officers of Parliament Act, 1953 was amended by Act 31 of 2002, effective from 03.03.2002 , to provide for pension and other facilities to the spouse of the Speaker , Lok Sabha who dies in office . This situation is quite unusual as the retiring Speaker, Lok Sabha who holds an important office in Parliamentary Democracy has not been made eligible to pension otherwise admissible to a retiring Member of Parliament unlike the Vice-President . There is another anomaly as the spouse has been eligible to pension at the rate of fifty per cent of the salary drawn by the Speaker on his death . The general practice in this regard is that this percentage is normally payable to the holder ofthe office and the spouse is entitled to draw fifty per cent of the pension payable to the holder of the office. Similar provision has been made for the spouse ofthe Vice-President in the Vice- President's Pension Act 1997. It is, therefore, proposed to provide for pension to the retiring Speaker and his spouse as in the case of Vice-President .

Hence this Bill .

LALIT SURI .

FINANCIAL MEMORANDUM

The Bill if enacted will involve expenditure from the Consolidated Fund of India in respect of giving pension to retiring Speaker and the spouse in case of death ofthe Speaker . It is likely that it will involve a recurring expenditure of about 5 lakh rupees per year.

No non- recurring expenditure is likely to be involved .

[PART II- THE GAZETTE OF INDIA EXTRAORDINARY

VII

BILL NO . LXXII OF 2003

A Bill to provide for the compulsory induction of young retired ex- servicemen into para-military forces to reduce the pension burden ofthe Union Government towards ex-servicemen andfor their proper rehabilitation andfor matters connected therewith and incidental thereto .

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

1. ( 1) This Act maybe called the Ex- Servicemen (Compulsory Induction into Para- Military ForcesAfter Retiring at an early Age and Miscellaneous Provisions) Act, 2003 .

Short title and com- mencement .

(2) It shall come into force with immediate effect.

Definitions .

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

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

THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 2]

(b) " ex- serviceman " means any person who has retired from army, air force and navy, as the case may be;

(c) " para-military forces " include BSF, CRPF, CISF, RPF, SSF, NSCG, SPG, ITBP and such other para -military organisations of the Government ;

(d) " prescribed" means prescribed by rules made under thisAct.

3. ( 1 ) Notwithstanding anything contained in any other law for the time being in force , the para-military forces shall compulsorily induct the young ex- servicemen into their estab- lishment to fill up their requirement as per the suitability and in such manner as may be prescribed.

Compulsory induction of young ex- servicemen in the cadre of para-military forces.

(2) While inducting the ex- servicemen the para-military forces shall give due recogni- tion to the rank which the ex- servicemen was holding at the time of his retirement .

4.(1)Notwithstanding anything contained in any other law for the time being in force, all the public sector enterprises including Banks and other Government agencies shall givepriority to ex - servicemen in security related jobs in their establishment.

Public Sector Enterprises toemploy ex- servicemen for security related jobs .

(2) It shall be obligatory for the public sector enterprises to clear the backlog of vacancies meant for ex- servicemen in their establishment on priority basis.

Overriding effect of the Act. 5. (1 ) The provisions of this Act and of any rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force other than this Act , but save as aforesaid the provisions of this Act shall be in addition to and not in derogation of any other law for the time being applicable to ex- servicemen .

Power to make rules .

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

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

STATEMENT OF OBJECTS AND REASONS

Inour armed forces , the officers and other personnel particularly in lower cadres retire at a young age and become pensioners . They are trained and disciplined persons . After retire- ment, their expertise is wasted in the private sector for meagre salary. Most ofthem, particularly in the hilly areas subsist on their pension. On one hand , para - military forces recruit raw youngmen and spend a lot of money on their training and after their absorption they get salary and other perks. On the other hand, the Government has to bear the burden ofpension to be givento the retired personnel of armed forces . Since the personnel of armed forces retire at a very young age, they should be absorbed in para- military forces which have the same working conditions asthose of the armed forces . This will give trained personnel to para-military forces and also reduce the pension burden of the Union Government.

Hence this Bill .

KRIPAL PARMAR.

FINANCIAL MEMORANDUM

The Bill , if enacted , will involve expenditure from the Consolidated Fund of India towards salary and allowances of the ex- servicemen inducted into para- military forces . It is not possible to work out the expenditure at this stage . Government will have to assess the expenditure as per requirement.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 6empowers the Central Government to make rúles for carrying out the pur- posesofthe Bill . The rules will relate to matters of details only.

The delegation of power is of normal character.

THE GAZETTE OF INDIA EXTRAORDINARY

SEC . 2]

BILL NO . LXIX OF 2003

ABillfurther to amend the Constitution of India.

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

Short title .

1. This Act may be called the Constitution (Amendment) Act, 2003 .

2.To article 130 ofthe Constitution , the following proviso shall be inserted , namely:- Amendment of article 130 .

" Provided that there shall be established a permanent Bench of the Supreme Court at Hyderabad consisting of five judges who shall be nominated from amongst the judges of the Supreme Court by the Chief Justice of India which shall also have appellate jurisdiction over cases decided by any High Court in order to administer justice and exercise control over cases arising in the states of Andhra Pradesh , Karnataka, Kerala, Tamil Nadu, and Union Territory of Pondicherry " .

THE GAZETTE OF INDIA EXTRAORDINARY [PART II-SEC.2]

STATEMENT OF OBJECTS AND REASONS

There are at present 28 States and 7 Union Territories . In the last 54 years , workload of the Supreme Court has increased with the result that there are a large number of cases pending in the Supreme Court , and , as such , justiceto the people has considerably been delayed. There is a need to establish a permanent Bench ofthe Supreme Court at Hyderabad to deal with the cases of the Southern States urgently as the people from these states have to travel all the way to New Delhi in connection with their cases . This will also reduce the expenditure to be incurred by the States or individuals who have to spend a lot of money coming from the States to the Supreme Court in Delhi and engage the lawyers and arrange for their stay, etc. in Delhi. It will also reduce the expenditure incurred by States and individuals in filing the cases in the Supreme Court Bench at Hyderabad and also will help in reducing the arrears ofthe Supreme Court of India . The idea behind this amendment is only to facilitate the work of the Supreme Court of India and not to bifurcate the present Court or reduce its importance.

Hence this Bill .

T. SUBBARAMI REDDY.

FINANCIAL MEMORANDUM

The Bill will involve expenditure from the Consolidated Fund of India in respect of administration of the Supreme Court Bench at Hyderabad . It is likely that it will involve a recurring expenditure of about rupees one crore per year and rupees fifty crore as a non- recurring expenditure.

YOGENDRA NARAIN, 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 .