The Delimitation (Amendment) Act, 2006.

रजिस्ट्री सं० डी० एल० (एन) 04/0007/2006-08

REGISTERED NO . DL-(N)04/0007/2006-08

भारत का राजपत्र The Gazette ofIndia

असाधारण

EXTRAORDINARY

भाग II- खण्ड 2

PART II- Section 2

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

सं० 15]

नई दिल्ली, मंगलवार, मार्च 14, 2006 / फाल्गुन 23 ,1927

No. 15]

NEW DELHI , TUESDAY, MARCH 14, 2006 / PHALGUNA 23 , 1927

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 14th March , 2006 :-

BILL NO . XX OF 2006

ABill further to amend the Delimitation Act, 2002 .

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

1. (1) This Act may be called the Delimitation (Amendment) Act , 2006.

Short title and commencement .

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

2. In the Delimitation Act, 2002 , in section 5 , after sub - section ( 3 ) , following sub- sections shall be inserted namely:-

Amendment ofSection 5 ofAct 33 of 2002 .

"(3A) The Commission shall refer back to the Speaker ofthe Legislative Assembly or to the Speaker of the House of the People , as the case may be , the names of the associate members nominated and informed to the Commission by the Speakers of the respective Houses , if in the opinion ofthe Commission the number of associate members of a House recommended by the Speaker of a House, is not in consonance with the composition of that House , upon which , the concerned Speaker of the House shall , after giving due regards to the opinion of the Commission , send the names back with orwithout modifications .

(3B) The Commission shall associate with itself one representative of every recognized National Party and State Party, in respect of each State and the person to be associated as representative of Political Party, shall be nominated by the Commission after obtaining the name from such political Party, for the purpose ." 2

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

STATEMENT OF OBJECTS AND REASONS

Delimitation of Constituencies is a vital process in a democracy. As the ratio of population increases , the delimitation has to be resorted to with respect to Parliamentary and Assembly Constituencies . The Delimitation Act , 2002 contains a mechanism for the purpose. However, there are certain deficiencies in the legislation , which are proposed to be cured by thisamendment Bill .

For instance, the Act does not provide for representation of political parties to act as associate members . As a result, political parties have to depend upon Members of Parliament and Members of State Legislatures of their parties for presenting their views before the Commission . Members of Parliament and Members of State Legislatures of respective political parties remain engrossed and , are primarily interested in their respective Constituencies . They do not necessarily make required effort to present the views of the party which covers Assembly and Parliamentary Constituencies of an entire State . Further , the view of the Party may differfrom the view of an M.L.A. or an M.P. with respect to the delimitation of a Constituency, in which case , the M.L.A. or the M.P. may convey only his or her views with respect to the delimitation of the concerned Constituency, and may not present the views of the Party in that matter at all. Hence , representation of political parties is absolutely essential for ajust and fair delimitation .

Secondly, although Speaker of a Legislature and Speaker of the House of People are authorized by section 5 of the Act to make nominations of M.L. As and M.Ps in the Commission , as Associate Members , there is no provision for seeking remedy if the Speaker ofthe House , inadvertently or otherwise , commits an error in nominating Associate Members by disregarding composition of the House or otherwise . A provision , therefore , has been incorporated under which the Commission can draw the attention of the concerned Speaker and the Speaker can consider the views of the Commission . The supremacy of the House , however, has been kept intact , while proposing the amendment .

SHANTARAM LAXMAN NAIK 3

SEC . 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO . XIX OF 2006

ABillfurther to amend the Representation of the People Act, 1951 .

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

1. ( 1 ) This Act maybe called the Representation of the People (Amendment) Act, Short title and commencement .

2006.

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

2. In the Representation of the People Act , 1951 , in section 8 , after sub- section 9 , the following sub -section shall be inserted, namely:-

Amendment ofsection 8 of Act No. 43 of 1951 .

" 5. A person against whom a court of competent jurisdiction has framed charges for commission of an offence or offences , punishable with imprisonment for a tenure of seven years or more , then, notwithstanding anything contained in sub- sections ( 1 ) to (4) , such person shall be deemed to be disqualified for a period of six years from the date of framing of charges:

Provided that if such person upon conviction is disqualified for a specific period , the period of disqualification incurred under the sub section , shall be set off against the period of disqualification incurred by the person under any of the provision of sub - sections ( 1 ) to (4) . " 4

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

STATEMENT OF OBJECTS AND REASONS

It is viewed by a responsible member of the society that, more and more persons , with criminal background are entering into election fray. The present legislation , namely, the Representation of the People Act, 1951 , has certain provisions to refrain such people from contesting elections to the House of Council of States/People and , yet, section 8 of the Act which deals with this aspects , falls short of the expectations of the people who would like to see that even before a person is convicted, if there is sufficient evidence against such person, he should not be allowed to represent people and insult their honour and wisdom.

Although section 8 disqualifies a person from contesting elections , if such a person is convicted for offences under certain specified Acts, irrespective of the period of conviction , a conviction of minimum 2 years is required to disqualify a person in case of most of the offences. In our country, criminal trials take a number ofyears to reach their logical conclusions , and therefore , existing provisions of law in the matter of disqualification , do not fulfill the aspirations of the people at large.

Further, under the existing provisions , even a person charge- sheeted for commission ofoffence ofmurder and undergoing judicial custody, pending the trial , is entitled to contest elections . Surprisingly, many of them have turned successful in their endeavour.

The amendment proposed through this Bill seeks to refrain , at least , those who are charged of serious offences punishable with imprisonment of 7 years or more . Since charge- sheets prepared by the police cannot be relied upon for depriving the right of a citizen , the proposed amendment seeks to disqualify a person only in cases where charges are framed by a competent court .

Hence this Bill.

SHANTARAM LAXMAN ΝΑΙΚ

'GI/6484Gi 5

SEC .2]

THE GAZETTE OF INDIA EXTRAORDINARY

III

BILL NO . XVII OF 2006

A Billfurther to amend the Representation of the People Act, 1951 .

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

1. ( 1 ) This Act may be called the Representation of the People ( Second Amendment) Short title and commencement .

Act, 2006.

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

2. In the Representation of the People Act , 1951 , in section 29A , after sub - section 9 , the following sub - section shall be inserted , namely:-

Amendment of section 29A of Act No. 43 of 1951 .

" 10. The registration of a Political Party shall be cancelled by the Commission , if on the basis of report received by the Commission or otherwise , and after hearing the political party, Commission comes to a conclusion that the activities of the political party have become directly detrimental to the principles of socialism , secularism and democracy and, have become a threat to the sovereignty, unity and integrity of India . " THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

STATEMENT OF OBJECTS AND REASONS

Political Parties are registered with the Election Commission under section 29 A of the Representation of Peoples Act 1951. Under the section , the Commission requires association or bodies of individual citizens seeking registration as political parties to submit to the Commission copies of their memorandum of rules and regulations . It is required that such rules and regulations should contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established , and to the principles of socialism , secularism and democracy, and it would uphold the sovereignty, unity and integrity of India. Some political parties , it is found , blatantly disregard this provision . Some of them openly defy the principles of secularism enshrined in the Constitution . Such open defiance cannot be tolerated , and those political parties defying vital provision ofConstitution should have no right of either registration or recognition.

Hence this Bill .

SHANTARAM LAXMAN NAIK SEC.2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO . XIV OF 2006

A Bill to provide for regulation and control of pathological laboratories and clinics by making their registration compulsory with an appropriate authority and prescribing norms and standards for setting up a pathological laboratory or clinic and for matters connected therewith or incidental thereto.

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

1. (1) This Act may be called the Pathological Laboratories and Clinics ( Regulation and Control) Act, 2006 .

Short title, extent and commencement .

(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) ' Authority' means registration authority notified under section 4.

(b) ' pathological laboratory or clinic ' means any laboratory or clinic carrying out any kind of medical test of or on human body or its excreta for the purposes of diagnosing any disease or otherwise .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

Registration to be compulsory for pathological laboratory or clinic

3.(1) With effect from such date as the Central Government may by notification in the Official Gazette appoint , no person or establishment shall run any pathological laboratory or clinic without prior registration with the appropriate authority in such manner as may be prescribed.

(2)Any pathological laboratory or clinic set up and running before the commencement of this Act shall apply for the registration with the appropriate authority within a period of thirty days from the date of commencement of this Act .

Establishment of Registration Authority.

4. ( 1) The Central Government shall by notification in the Official Gazette establish a Registration Authority for the purpose of registration of pathological laboratories and clinics under thisAct.

(2) TheAuthority shall have its headquarters at Nagpur :

Provided that the authority may establish as many offices at other places in the country as may be necessary for performing functions under this Act .

(3) The Authority shall consist of a Chairperson and such other members not less than six , to be appointed by Central Government in such a manner as may be prescribed.

(4) The terms and conditions of service of the Chairperson and the members shall be such as may be prescribed .

(5) The Central Government shall provide such number of officers and staff as maybe necessary to enable the authority to exercise its power and functions .

(6) The authority shall prescribe the norms and various standards to be followed for running a pathological laboratory or clinic .

Procedure for registration.

5. ( 1 ) On receipt of an application for registration, the Authority shall cause the application to be scrutinised and for the purpose may call for such other information from the applicant as may be necessary for registration.

(2) The authority shall cause the site of the pathological laboratory or clinic inspected to have a first hand information of the infrastructure available and the compliance of norms and standards prescribed by the authority in this regard.

(3) The authority on being satisfied about the various requirements shall , grant a registration certificate to the applicant in such manner as may be prescribed .

(4) The authority shall arrange to inspect the registered pathological laboratory or clinic at least once in every year .

Cancellation of Registration.

6. The authority may cancel the registration granted under this Act if such pathologica! laboratory or clinic fails to comply with the norms and standards prescribed by the authority for the purpose.

7. The Central Government shall , after due appropriation made in this behalf, provide such sums of money as it may think fit for being utilised for the purposes of this Act .

Central Government to provide money.

Penalty.

8. Whoever contravenes the provisions of this Act and rules made thereunder shall be punishable with imprisonment which may extend to three years or with fine which may extend to three lakhs rupees or with both .

Contravention by a Company.

/GI/6484GI 9. Where a person committing a contravention of any of the provisions of this Act or of any rule, made thereunder is a company , every persons who , at the time the contravention was committed, was in charge of, and was responsible to , the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

SEC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

Provided that nothing contained in this sub - section shall render any such person liable to punishment ifhe proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention .

Explanation. For the purpose of this section:-

(i) "company" means any body corporate and include a firm or other association of individuals; and

(ii) "director " , in relation to a firm , means a partner in the firm.

Power to remove difficulty.

10. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions , not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such orders shall be made after the expiry of the period of three years from the date of commencement of this Act .

Overriding effect of the Act. 11. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force on the subject and save aforesaid the provisions of the Act shall be in addition to and not in derogation of any other law for the time in force .

Power to make rules.

12. 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

In recent years , there has been sudden spurt in the number of pathological laboratories and clinics in the country. There is , at present, no separate effective law to control and regulate the activities of these laboratories and clinics . Taking advantage of the situation, these laboratories are fleecing the innocent patients . Many of these laboratories are functioning without proper infrastructure , equipment and trained pathologists . Some of these laboratories are working in garages and tents under unhygienic conditions . In view of this , many of these laboratories and clinics are not carrying out the examination in proper way leading to wrong diagnosis . In fact, the persons running these laboratories are actually playing with the lives of the persons going to them for pathological tests and minting money in connivance with doctors who refer their patients to these laboratories/ clinics . The plight of a patient can very well be imagined who gets himself treated for a disease only to be informed later on that he was never suffering from that disease .

It is high time that the Government should step in and prescribe norms and standards for pathological laboratories / clinics and make provisions for their registration compulsory so as to save the people from this unhealthy business practice playing with their lives .

Hence this Bill.

VIJAY J. DARDA

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides that there shall be an Authority for registration of pathological laboratories and clinics . Clause 7 provides that the Central Government shall provide funds for the purposes of the Bill . The Bill, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of rupees fifty crore would be involved from the Consolidated Fund of India .

Anon -recurring expenditure of rupees five crore will also be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 12 of the Bill empowers the Central Government to make rules for carrying out thepurposes ofthe Bill . As the matter will relate to details only, the delegation of power is of normal character .

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO . XXI OF 2006

A Bill to provide for the compulsory registration of all marriages solemnized in the country so as to prevent child marriages , check bigamy or polygamy, help women to exercise their rights ofmaintenance from husband and custody of children, enable widows to claim inheritance and to serve as deterrent to husband deserting their wives and for matters connected therewith or incidental thereto .

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

1. (1) This Act may be called the Compulsory Registration of Marriages Act, 2006 .

(2) It extends to the whole of India .

Short title, extend and commencement .

(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 a State , the Government of that State and in other cases the Central Government.

(b) "designated authority" means an authority or an officer designated for the purpose of registration of marriages under section 4.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

Compulsory registration of marriage.

3. ( 1 ) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary, all the marriages solemnized in the country after the commencement of this Act shall be registered within sixty days of solemnization of marriage in such manner as may be prescribed .

(2) It shall be the responsibility of each husband to get his marriage registered with the designated authority.

Establishment of designate authority.

4.( 1) The appropriate Government shall , by notification in the Official Gazette designate an authority or an officer for registration of marriages , where no such authority or officer exists , in each district within its jurisdiction .

(2) The designated authority shall maintain a register of marriage containing such particulars and details as may be prescribed and shall also keep the same in electronic form.

(3) The appropriate Government shall prescribe the documents relatingto solemnization of marriage , which shall be furnished for the registration of the marriage .

(4) After the registration of the marriage under the provisions of this Act , a marriage certificate shall be issued to the couple giving such details as may be prescribed.

5. Notwithstanding anything contained in any other law for the time being in force or any custom, the marriage performed after the commencement of this Act shall be null and void if not registered within sixty days of solemnization of marriage.

Marriage without registration to be null and void .

Penalty.

6. If a person fails to register his marriage within the prescribed period or gives false information in registering his marriage , he shall be liable for fine which may extend to five thousand rupees:

Provided that such a person shall also not be entitled to any benefits under the various schemes of appropriate Governments or their undertakings .

7. The Central Government shall, after due appropriation made in this behalf, provide such sums of money as it may think fit for being utilised for the purposes of this Act.

Central Governmentto provide money .

Power to remove difficulty.

8. If any difficulty arises in giving effect to the provisions of this Act , the Central Government may, by order published in the Official Gazette , make such provisions , not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such orders shall be made after the expiry of the period of three years from the date of commencement of this Act .

Overriding effect of the Act .

9. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force , 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 marriages .

Power to make rules.

10. The Central Government may, by notification in the Official Gazette , make rules for carrying out the purposes of thisAct.

/GI/6484GI 13

THE GAZETTE OF INDIA EXTRAORDINARY

SEC.2]

STATEMENT OF OBJECTS AND REASONS

In our country, marriage is treated as an institution. Our culture assigns great value to the solemnization of marriage between two individuals . But, of late, there are numerous instances ofabuse ofthe institution ofmarriage. It has been seen that many times unscrupulous husbands altogether deny marriage leaving their wives in lurch , be it for seeking maintenance , custody ofchildren or inheritance of property. Then , there are States where child marriages arerampant without any check . Every year , lakhs of marriages are performed in our country mostly in traditional way. Most of these marriages have no official record, as hardly a few of these marriages are registered . Recently, the Supreme Court , moved by the plight of women fighting for their right under wedlock, ruled that all marriages should be registered in order to prevent child marriages , check bigamy or polygamy , help women to exercise their rights of maintenance from husband and custody of children and enable widows to claim inheritance .

There is no such law at present to provide for compulsory registration of marriages in the country, though four States , namely, Maharashtra , Gujarat , Karnataka and Himachal Pradesh have enacted laws for compulsory registration of marriage. The proposal for a uniform law for the country has been pending for the last 15 years .

Therefore , it is high time that a law on compulsory registration of marriage is enacted.

Hence this Bill .

VANGA GEETHA

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides that the appropriate Government shall appoint designated authority or an officer for registration of marriages . The expenditure in relation to Union Territories in this regard shall fall on the Central Government . Clause 7 of the Bill provides that the Central Government shall provide required funds for the purposes of this Bill . The Bill, therefore, if enacted , will involve expenditure from the Consolidated Fund of India . It is estimated that a recurring expenditure ofrupees twenty crore will be required for the purpose . Non -recurring expenditure to the tune of rupees one crore will also be required .

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 10 of the Bill gives power to the Central Government to make rules for carrying outthe purposes of this Bill . The rules will relate to the matters of detail only.

Thedelegation of legislative power is of normal character .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

BILL NO . XXIII OF 2006

ABill to prevent the commission of offences of atrocities against the women and children in the country, to provide for Special Courts for the trial of such offences andfor the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto .

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

1. (1) This Act may be called the Prevention ofAtrocities on Women and ChildrenAct,

2006.

Short title, extent and commencement.

(2) It extends to the whole of India.

(3) It shall come into force at once .

Definitions .

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

(a) " appropriate Government " means in the case of State, the Government of that State and for all other cases the Central Government.

(b) "atrocity " means an offence punishable under section 3 ;

2 of 1973 .

(d) "Special Court " means a Court of Session specified as a Special Court in

section 7;

THE GAZETTE OF INDIA EXTRAORDINARY

SEC . 2]

45 of 1860 .

(e) words and expressions used but not defined in this Act and defined in the Code or the Indian Penal Code shall have the meanings assigned to them respectively inthe Code, or as the case may be, in the Indian Penal Code.

3. ( 1 ) Whoever,-

Punishments for offences of atrocities .

(i) assaults or uses force against any women with intent to dishonour or outrage her modesty;

(ii) forcibly removes clothes from the person of a woman or parades her naked or with painted face or body or commits any similar act which is derogatory to human dignity;

(iii) compels or entices a woman or child to do 'begar' or other similar forms of forced or bonded labour;

(iv) being in a position to dominate the will of a woman and uses that position to harass or exploit her sexually to which she would not have otherwise agreed;

(v) intentionally insults or intimidates with intent to humiliate a woman or child in anyplace within public view;

(vi) institutes false , malicious or vexatious suit or criminal or other legal proceedings against a woman or child;

(vii) takes pictures or video of a women without her consent or knowledge by violating her privacy;

(viii) forces or compels any women into prostitution;

(ix) forces or compels any child to work in any establishment whether hazardous or not;

shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which may extend to twenty thousand rupees .

(2) Whoever being a public servant, commits any offence under this section , shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to the punishment provided for that offence .

Punishment for neglect of duties.

4.Whoever, being a public servant, willfully neglects his duties required to be performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

Removal of person likely to commit offence.

5. ( 1 ) Where the Special Court is satisfied , upon a complaint or a police report that a person is likely to commit an offence under this Act , it may, by order in writing , direct such person to remove himself beyond the limits of such area, within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding two years, as may be specified in the order.

(2) The Special Court shall , along with the order under sub - section ( 1 ) , communicate to the person directed under that sub- section the grounds on which such order has been made.

(3) The Special Court may revoke or modify the order made under sub - section ( 1 ) , for the reasons to be recorded meriting, on the representation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order.

6. Any person contravening an order of the Special Court made under section 5 shall be punishable with imprisonment for a term which may extend to two years and with fine .

Punishment for non- compliance of orders of the Special Court .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

Special Court

7. For the purposes of providing for speedy trial , the appropriate Government shall , withthe concurrence ofthe Chief Justice ofHigh Court , by notification in the Official Gazette , specify for each district a court of session to be a special court to try offences under thisAct.

Preventive action to be taken by the law and order machinery.

8. ( 1) A District Magistrate or a Sub - divisional Magistrate or any other Executive Magistrate or any police officer not below the rank of a Deputy Superintendent of Police may, on receiving information and after such inquiry as he may think necessary, has reason to believe that a person or a group of persons , residing in or frequenting any place within the locallimits ofhis jurisdiction is likely to commit an offence or has threatened to commit any offence under this Act and is of the opinion that there is sufficient ground for proceeding , declare such an area to be an area prone to atrocities and taken preventive action .

(2) The appropriate Government may, by notification in the Official Gazette , make one or more schemes specifying the manner in which the officers referred to in sub - section (1) shall take appropriate action specified in such scheme or schemes to prevent atrocities and to restore the feeling of security amongst the women and children .

Relief and rehabilitation.

9.(1) The appropriate Government shall provided such relief and rehabilitation to the victims of the atrocities under this Act by framing schemes as may be notified from time to time.

(2) Without prejudice to the generality of the aforesaid provision the appropriate Government shall provide the following facilities to the victims of atrocities under this Act,-

(i) free medical facilities ;

(ii) freeboard and lodging;

(iii) recreational facilities ; and

(iv) vocational training .

10. The Central Government shall , after due appropriation made in this behalf, provide such requisite funds for being utilised for the purposes of this Act .

Central Government to provide Funds.

Removal of Difficulties .

11. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette , make such provisions , not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such orders shall be made after the expiry of the period of three years from the date of commencement of this Act .

Protection of action taken in good faith .

12. No suit , prosecution or other legal proceeding shall lie against the Central Government or against the State Government or any officer or authority of Government or any other person for anything which is in good faith done or intended to be done under this Act.

Overriding effect of the Act

13. Save as otherwise provided in this Act , the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any other law.

Power to make rules .

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

/GI/6484GI Y

THE GAZETTE OF INDIA EXTRAORDINARY

SEC.2]

STATEMENT OF OBJECTS AND REASONS

Women and children are the most vulnerable classes of our society . Every now and then, women and children are subject to atrocities and violence . They are subject to all kinds of torture which more often than not go unreported . At times , the State Machinery do not react with the kind of agility that is required on the incident of atrocities . There is no dearth of incident when women are paraded naked in many places in our country and , at times , also declared as witches . They are left at the mercy of their fate and no one comes to their rescue . Women are mentally and sexually exploited and pushed in to flesh trade . Similarly, children when they are to enjoy their childhood , are made to work hours together and exploited . They are made to work in restaurants , small hotels , dhabhas , small repair shops , carpet industries , glass industries , etc. under unhygienic and hazardous conditions . Children are the future of the country and , therefore , putting them in such kind of situations is a blot on us . Of late , there are reported incidents of sexual exploitation of children which is very unfortunate for the country. Therefore, in order to give the women a respectable position in the society and save the childhood from the tyranny ofthe unscrupulous employers , it is high time that a law should be framed to protect them from atrocities by providing strict punishment to serve as deterrent for others .

Hence this Bill.

VANGA GEETHA 18

THE GAZETTE OF INDIA EXTRAORDINARY

[PART 11- SEC . 2]

FINANCIAL MEMORANDUM

Clause 9 of the Bill provides that the appropriate Government shall provide relief and rehabilitation to the women and children who are victims of atrocities . Further , Clause 10 of the Bill provides that the Central Government shall provide requisite funds for the purposes of this Bill . The Bill, therefore , if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of rupees twenty crores will be required for the purpose .

Non-recurring expenditure to the tune of rupees one crore will also be required .

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 14 of the Bill gives power to the Central Government to make rules for carrying outthe purposes of this Bill . The rules will relate to the matters of details only.

The delegation of legislative power is of normal character.

YOGENDRA NARAIN , Secretary -General .

PUBLISHED BY THE SECRETARY - GENERAL , RAJYA SABHA , UNDER RULE 68 OF THE RULES OF PROCEOURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA

MGIPMRND- 6484GI ( S -4 ) 07-07-2006.