REGISTERED NO. DL ( N) 04/0007/2003-07
रजिस्ट्री से डी एल (एन) 04/0007/200307
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग 11 - खण्ड 2
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, शुक्रवार, नवम्बर 30, 2007 / अग्रक्षবদ 9 , 1929
* 441
NEW DELHI, FRIDAY, NOVEMBER 30, 2007 /AGRAHAYANA 9, 1929
No. 441
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.
LOK SABHA
The followingBills were introduced in Lok Sabha on 30th November, 2007:-
BILL NO . 33 OF 2007
ABilltoprovidefor the compulsory registration of all marriages solemnized in the country andfor matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty- eighth Year of the Republic of India as follows:-
1.(1)This Act may be called the Compulsory Registration ofMarriages Act, 2007 . Shontitle, 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 Clovernment" means in the case ofa State, the Government of that State, and in all other cases , the Central Government ;
(b) "designated authority" means an authority or an officer appointed for the purpose of registration of marriages under section 4; and
(c) "prescribed" means prescribed by rules made under thisAct.
2
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PART
Compulsary registration ofMarriages .
3.(1) Notwithstanding anything contained in any other law for the time being in force, or in any custom or usage to the contrary, every marriage solemnized after the commence- ment ofthis Act, shall be compulsorily registered .
(2) It shall be the duty of the bridegroom to get his marriage registered with the designated authority within sixty days ofthe date of solemnization of the marriage in such manner as may be prescribed.
4. (1) The appropriate Government shall , by notification in the Official Gazette, appoint an officer or an authority in ench district for registration of marriages
Appointinent ofdesignated Authority
(2)The designated authority shall maintain a register of marriage in such formand manwer as may be prescribed and shall also keep the record in electronicform
(3)The appropriate Government shall prescribe the documents relating to solemniza-. tion of marriage tobe furnished at the time of registration of marriage for record..
(4)Thedesignated officer or authority shall, ifsatisfied with the documents and details furnished by either party to the marriage for registration of marriage, issue a marriage certificate to such person.
5. Any marriagewhich is not registered within sixty days of its solemnization shall not be treated as a valid marriage and shall be null and void,
Marriage Without Begistration to ic null and Toid.
Disincentives.
6. Any person who violates the provisions of this Act shall not be entitled to any benefit under any welfare scheme by the appropriate Governmem or its agencies,
Penalty.
7. Any person who fails to apply for registration of marriage within the prescribed period or fürnishes false information or documents for registration of his marriage shallbe liable to pay a fine which may extend to rupees twenty-five thousand.
8.TheCentralGovernment shall , after due appropriation made in this behalf, provide such sums ofmoney asit may think necessary for carrying out the purposes of thisAct .
Central Government to provide money .
Power to remove difficulty.
9. 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.
Act to hayc overriding elfeer.
10. The provisions ofthis Act shall have effect notwithstanding any provision incon- sistent therewith contained in any other law for the time being in force, but save as aforesaid, the provisions ofthis Act shall be in addition to and riot in derogation of any other law for the time being applicable to marriages .
Powerto make rules.
11.The CentralGovernment may, by notification inthe Official Gazette, maké rules for carrying out the purposes ofthisAct.
THE GAZETTE OF INDIA EXTRAORDINARY
3
SEC.2]
STATEMENT OF OBJECTS AND REASONS
In our country, marriage is considered as a sacred union. Our culture assigns a great value to the solemnization ofmarriage . But, of late, there are numerous instances ofabuse of the institution of marriage. On many occasions unscrupulous husbands altogetherdeny marriage, leaving their wives in lurch , be it for seoking maintenance, custody of children or inheritance ofproperty. The cases of child marriage are reported from various parts ofthe country.Everyyear, lakhs ofmarriages are solemnized throughout the countrybut people do not opt for registration of marriages for one reason or another. Recently, the Supreme Court has observed that all marriage should be registered in order to prevent child marriages, check bigamy and polygamy, help women in exercising their rights of maintenance from husband and custody of children and enable widows to claim inheritance . At present, there is no law providing for compulsory registration of marriages in the country. In the States of Maharashtra, Gujarat, Karnataka and Himachal Pradesh , Governmenthave enacted laws for compulsory registration of marriages . The proposal for a uniform law for the country has been pending for the last many years . Therefore, it is high time that a law on compulsory registration ofmarriage is enacted.
This Bill seeks to achieve the above objectives.
L. RAJAGOPAL
NEW DELHI;
February9,2007.
THE GAZETTE OF INDIA EXTRAORDINARY
[PARTI
FINANCIAL MEMORANDUM
Clause 4 of theBill provides that the appropriate Government shall appoint desig- nated authority or an officer for registration of marriages . The expenditure in relation to Union territories in this regard shall be borne by the Central Government. Clause 8 ofthe Bill provides that the Central Government shall provide furids required for carrying out the purposes oftheBill . The Bill, therefore, ifenacted, will involve expenditure fromtheConsoli dated Fund of India. It is estimated that an annual recurring expenditure of rupees twenty crore is likely to be involved from the Consolidated FundofIndia.
A non-recurring expenditure of about rupees one crore is also likely to be incurred .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC.2]
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 11 oftheBill gives power to the CentralGovernment to make rules for carrying out the purposes ofthis Bill. The rules will relate to the matters ofdetail only. The delegation oflegislative power is, therefore , of a normal character.
6
PARTI-
THE GAZETTE OF INDIA EXTRAORDINARY
i
BILL NO . 39 OF 2007
ABill furtherto amend the Constitution (Scheduled Castes) Order, 1950 ind theConstitution (Scheduled Castes) (Union Territories) Order, 1951 , and to amend the Constitution (Jammu and Kashmir) Scheduled Castes Order 1956 , the Constitution (Dadra and Nagar Haveli) Scheduled Castes!
Order: 1962, the Constitution (Pondicherry) Scheduled Castes Order. 1964, and the Constitution (Sikkim) Scheduled Castes Onder, 1978.
Be it enacted by Parliament in the Fifty- eighth Year of the Republic of India as follows!...
Short title.
1. This Act may be called the Constitution ( Scheduled Castes ) Orders (Amendment) Act, 2007.
C.O. 19 2. In paragraph 3 of the Constitution (Scheduled Castes) Order, 1958, for the words "or theBuddhist " , the words, " the Buddhist or the Christian " shall be substituted.
Amendment of Constitution (Scheduled Castes) (xder. 1950.
7
THE GAZETTE OF INDIA EXTRAORDINARY
SEC.2]
C.O. 32
3. In paragraph 3 of the Constitution (Scheduled Castes) (Union Territories) Order, 1951, for the words " or the Buddhist ", the words, " the Buddhist or the Christian " shall be substituted.
of Amendment Constitution (Scheduled Castes) (Union Territories) Order, 1951.
C.D. 52
4. In the proviso to paragraph 2 of the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956, for the words " or the Buddhist " , the words, " the Buddhist or the Christian " shall be substituted.
Amendment of the Constitution (Jammu and Kashmir) Schoduled CastlesOrder, 1956.
C.O. 64
5. In the proviso to paragraph 2 of the Constitution (Dadra and Nagar Haveli ) Scheduled CastesOrder, 1962, for the words " or the Buddhist", the words, " the Buddhist or the Christian " shall be subaituted.
Amendment of the Constitution (Dadra and NagarHaveli) Scheduled Castes Order, 1962.
C.O.68
6. In the proviso to paragraph 2 of the Constitution (Pondicherry) Scheduled Castes Order, 1964, for the words " or the Buddhist " , the words, "the Buddhist or the Christian" shall be substituted.
Amendment of the Constitution (Pondicherry) Scheduled CastcaOnder, 1964.
C.O. 110
7. In the proviso to paragraph 2 of the Constitution (Sikkim) Scheduled Castes Order, 1978, for the words " or the Buddhist " , the words, " the Buddhist or the Christian " shall be substituted.
ofthe Amendment Constitution (Sikk(m) Scheduled Castes Order, 1978.
PART
THE GAZETTE OF INDIA EXTRAORDINARY
8
STATEMENT OF OBJECTS AND REASONS
:
India is a secular and democratic republic. The Constitution prohibits the discrimination on the basis ofreligion , caste , place ofbirth, etc. ofthe citizens . Simultaneously, it provides that the State shall make special provisions for the advancement ofsocially and educationally backward citizens of the country. Inspite ofso many enabling provisions in the Constitution to support the weaker sections of the society, the successive Governinents have shown no interest to confer the status of Scheduled Castes and extend the beriefits of reservations to the persons who originally belonged to the Scheduled Castes and have since converted to Christianity. These persons are also known as Dalit Christians .
The social status of Dalit Christians has not improved much after their conversion fromHindu religion to a new faith. They are still living in pathetic conditions. After conversion to a new faith these people lost the status of Scheduled Castes in the eyes of the law and were deprived of the benefit of reservation provided in jobs, etc.under the State. Moreover, the social and educational status of Dalit Christians is not different from that of persons belonging to the Scheduled Castes in other religions . They have not been included in the list ofScheduled Castes for the reason that these persons profess a religion different from the Hindu , the Sikh or the Buddhist religion . It is , therefore , necessary to amend the various Constitution (Scheduled Castes ) Orders in order to extend the benefits of reservation tothe persons who originally belonged to the Scheduled Castes and profess Christian religion.
TheBill seeks to achieve the above objectives .
L. RAJAGOPAL
NEW DELHI; February23, 2007.
9
THE GAZETTE OF INDIA EXTRAORDINARY
SEC.2]
FINANCIAL MEMORANDUM
Clauses 2 to7 ofthe Bill seek to include persons professing Christian religion into the list of Scheduled Castes based on their social , educational and economic backwardness . The Bill, therefore, ifenacted, will involve expenditure from the Consolidated Fund of India on account ofbenefits to be provided to the persons belonging to the proposed new community under continuing schemes meant for development of Scheduled Castes. It is estimated that an annual recurring expenditure of about rupees one hundred crore is likely to be incurred from the Consolidated Fund of India.
Anon- recurring expenditure of about rupees five hundred crore is also likely to be incurred.
10
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
BILL NO . 42 OF 2007
ABill to prohibit the use ofcaste name or title relating to caste or religion as prefix or suffix with names by the citizens and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Fifty -eighth Year of the Republic of India as
follows:-
1.(a) ThisAct may be called the Prohibition on Use of Caste or Religious Title Act,
2007.
Short title, extent and менц .
(5) It extendsto the whole of India.
(c) It shall come into force on such date as the Central Government may, by notification in theOfficial Gazette , appoint.
Definitions .
2. In thisAct, unless the context otherwise requires,-
(1) "appropriateGovernment" means in the case of a State, the Government of that State and in all other cases the Central Government; !
THE GAZETTE OF INDIA EXTRAORDINARY
11
SEC.2]
(ii) "document" includes letter head, name plate , visiting card, educational certificate or paper relating to rights in or over property; and
(iii) "prescribed" means prescribed by rules made under this Act .
3. No person , or body ofindividuals or association or institution shall write or indicate caste or any title relating to his caste or religion with his name on any document.
Prohibition of use of caste name or title relatingto caste or religion.
4. No establishment, organisation or institution whether owned or controlled by the appropriate Government or a private company or institution whether incorporated or not shall require any person to write or indicate his caste or any title relating to his caste or religion in any of its documents or forms prescribed for the purposes of admission in educational institutions, grant of scholarship or employment ,
Organisations or institutions not to require any person to statehis caste name or title relating tohis caste or religion in any of their documents.
5.The provisions of this Act shall not applyto,-
Exemptions .
(4) any person who writes or indicates the name of his caste or title ofhis caste or religion in the form prescribed for the purpose of applying for or obtaining caste certificate from the competent authority ofthe appropriate Government; and
(il) any competent authority who requires any person to write or indicate his caste or any title relating to his caste or religion in the form prescribed for the purpose ofissue ofcaste certificate to any person belonging to a Scheduled Caste or a Scheduled Tribe or anyOther Backward Classes.
Explanation: For the purpose of this section , competent authority means such officer or authority as the appropriate Government, may,by notification in the Officia! Gazette, appoint as the compotent authority for the purposes ofissuing caste certificate.
6.After the commencement of thisAct, no person shall give a name to anew born baby which signifies his caste or any title relating to his caste or religion.
Prohibition of use of casto name or title relating to carte or roligion with the names of newborn baby.
7.No document which has been issued or made prior to coming into force of this Act shall be void on the ground of inconsistency with the provisions of thisAct.
Saving of documents issued or made prior to the commencement of theAct.
Penalty.
8. Whoever acts in contravention of the provisions of this Act shall be punished with imprisonment for a term which may extend to six months or with fine which may extendto twenty- five thousand rupees or with both.
Power -to make rules.
9.The Central Government may, by notification in the Official Gazette , make rules for carrying out the purposes of this Act.
12
THE GAZETTE OF INDIA EXTRAORDINARY
[PART-
:
STATEMENT OF OBJECTS AND REASONS
India is a secular courury, Our Constitution aims to establish a classless and casteless society. Even after nearly six decades ofindependence, our dream of acasteless and classless society remains a dream . The cherished objectives cannot be achieved unless there is a legislative framework to prohibit the use of caste name or any title relating to caste or religion in the names as prefix or suffix by the citizens . From time to time , the casteisen and the religious fundamentalism raise their ugly head and hampers the endeavour to build up a homogeneous society. The divisive forces are continuously trying to divide the country along caste and religious lines by fomenting caste and religious fealings of the citizens.
The use of caste titles , caste names and religious titles in all of their forms should be discouraged in order to strengthen the secularism and build up a homogeneous society.
ThisBill seeks to achieve the above objectives .
L.RAJAGOPAL
NEW DELHI;
February 23 , 2007.
13
THE GAZETTE OF INDIA EXTRAORDINARY
SBC .2]
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 9 oftheBill empowers the Central Government to make rules for carrying out the purposes of the Bill . The rules will relate to matters of detail only. The delegation of legislative power is of a normal character.
14
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
BILL NO . 76 OF 2007
ABillto providefor the establishment ofa permanent Bench ofthe High Court of Andhra Pradesh at Vijayawada.
BE it enactedby Parliament in the Fifty-eighth Year ofthe Republic of India as follows:-
Short titte.
1. This Act may be called the High Court ofAndhra Pradesh (Establishment of a Permanent Bench at Vijayawada) Act, 2007.
Establishment of a Permanent Bench of Andhra Pradesh at Vijayawada.
2. There shall be established a permanent Bench of the High Court ofAndhra Pradesh at Vijayawada and such Judges of the High Court ofAndhra Pradesh,being not less than four in number, as the Chief Justice ofthat High Court may from time to time nominate, shall sit at Vijayawada in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the districts of Srikakulam, Vizianagaram , Visakhapatnam , East Godavari , West Godavari , Krishna , Prakasam and Guntur THE GAZETTE OF INDIA EXTRAORDINARY
15
SEC.2]
STATEMENT OF OBJECTS AND REASONS .
Before the reorganization of the State ofAndhra Pradesh, between 1953 and. 1956, the Andhra Pradesh High Court used to function from Guntur. After the formation of the State of Andhra Pradesh in 1956 , the Andhra High Court was merged with the Andhra Pradesh High Court and it was shifted to Hyderabad.
Andhra Pradesh is a very large State. The capital of Andhra Pradesh , Hyderabad, which is also the seat of the High Court of Andhra Pradesh , is far away from the coastal regions ofAndhra Pradesh . Therefore, the people of the coastal regions ofAndhra Pradesh face difficulties and inconvenience in pursuing litigation in the High Court ofAndhraPradesh. They have to travel all the way to Hyderabad for the purpose. This results in denial of speedyjustice . The establishunent of the bench ofHigh Court ofAndhra Pradesh al Vijayawada will help mitigate the problems of the people of the coastal regions of Andhra Pradesh. Vijayawada is centrally located in the coastal region ofAndhra Pradesh and people living in coastal parts cari conveniently reach there to pursue their cases.
The city ofVijayawada has good infrastructure and is located in the vicinity ofmany big cities like Guntur , Eluru, etc. Therefore, the establishment ofa permanent bench ofHigh Court ofAndhra Pradesh at Vijayawada shall fulfill the needs of the people of the area.
This will also help in satisfying the long pending demand of the people of the coastal regions ofAndhra Pradesh,
Hence this Bill .
L. RAJAGOPAL
NEWDELHI;
July30, 2007.
16
THE GAZETTE OF INDIA EXTRAORDINARY
[PART-
BILL NO. 68 OF 2007
ABillto provide for the setting up ofa National Commission for Youthfor their overall development andfor matters connected therewith.
Be it enacted by Parliament in the Fifty-eighth Year of the Republic of India as
foilows:-
1. (1) This Act may be called The National Commission for Youth Act, 2007.
(2) Itextends to the whole of India.
Short title , extent and commence- ment.
(3) It shall come into force at once.
17
Sec. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
Definitions.
2. In this Act, unless the context otherwise requires,-
(1 ) " appropriate Government " means the State Government or the Central Government, as the case maybe ;
(ii ) "Commission" means the National Commission for Youth set up under section3;
(iii ) " prescribed" musans prescribed by rules made under this Act, and
(iv) "Youth" means any person who has attained the age of eighteen years but is not above the age of forty-five years.
3.(1) TheCentralGovernment shull, by notification in the official gazette, set up a National Commission for Youth.
National Comnússion forYouth.
(2) The Commission shall consist of:
(i) a Chairman having special knowledge in the field of youth affairs, tobe appointed by the Central Government ; and
(ii) such number of other members having such qualification as may be prescribed.
(3)The conditions ofservice, salariesand allowances ofChairmanand other members ofthe Commission shall be such as may be prescribed.
4. The Central Government shall make available such number of efficers and staff including experts to the Commission as may be required for its functioning.
Central Government topovide officers and stafffor the Commission .
5. The Commission shall perform the following functions:-
Functions of the Commis- sion.
(i) formulate anational policy for the overall development ofyouth in the country;
(ii) such functions in regard to formulation and implementation of schemes for the welfare of youth as may be assigned to it by the appropriate Government; and
(iii) such other functions as maybe assigned to it by the Central Government.
6.(1) The Central Government shall set up a fund to be known as the Youth Development Fund to implement the provisions of this Act.
Yourh Development Pund.
(2)The CentralGovernment and State Governments shall contribute to the fund in such ratio as may be prescribed.
Power to make rules .
7. TheCentralGovernment may,by notification in the Official Gazette , make rules for carrying out the purposes of the Act.
18
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
STATEMENT OF OBJECTS AND REASONS
Even after six decades of independence, no clear- cut policy for the overall development ofyouth has been formulated in our country so far. Today, youth of the country are facing so many problems . This include , to name a few; problems relating to education , poverty, nutrition , self- employment, vocational training, health , etc. There is no institutional mechanism to harness their potential and channelise their energy for the betterment of the country. There is no proper planning for comprehensive development of the youth. The plight of youth belonging to Scheduled Castes , Scheduled Tribes and Other Backward Classes (OBCs) is even worse. Apart from all the problems mentioned above , they also have to face social ostracisation.
We need to instill a sense of belonging among the youth by providing them all opportunities for their development so that they can contribute to the progress of the country to their full potential . The facilities should be provided as a matter of right and not as privilege. Employment should be guaranteed to the youth . The youth should be linked directly with the production process. The disparities between the rural and urban youth should be eliminated in a phased manner. Steps taken in this direction will not only uplift the conditions of the Youth but will also create a better society leading to a civilized and strong nation .A comprehensive youth policy through the National Commission for Youth, for their all round development is , therefore , need of the hour.
TheBill seeks to achieve the above objectives .
ALOK KUMAR MEHTA
NEWDELHI ;
August 3, 2007.
SEC.2]
19
THE GAZETTE OF INDIA EXTRAORDINARY
FINANCIAL MEMORANDUM
Clause 3 of theBill provides for the setting up of a National Commission for Youth. Clause4provides that the Central Government shall make available necessary officers and staff for the efficient functioning of the Commission . Clause 6 provides for creation of a YouthDevelopment Fund. The Bill, therefore, if enacted, is likely to involve expenditure from theConsolidated fund of India . It is estimated that an annual recurring expenditure of about rupees two hundred fifty crore will be involved.
A non-recurring expenditure of about rupees five hundred crore is also likely to be involved.
20
THE GAZETTE OF INDIA EXTRAORDINARY
[ PART-
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 7oftheBill empowers the Central Government to frame rules for carrying out the purposes of theBill . As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.
SBC.2]
21
THE GAZETTE OF INDIA EXTRAORDINARY
BILL NO . 80 OF 2007
ABill to providefor rehabilitation offarmers who are displaced as a result of acquisition of their land! for setting up ofindustrial units, sharing by such farmers in the profits made by industrial units and for matters connected therewith.
BE it enacted byParliament in the Fifty-eighth Year ofthe Republic ofIndia as follows:-
1. (7) This Act may be called the Displaced Farmers (Rehabilitation and Other Facilities) Short title , exteni and Act, 2007.
cammencemen (2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification intheOfficial Gazette, appoint .
Definitions, 2.In this Act, unless the context otherwise requires,-
(a) " appropriate Clovernment " means the Central Government or a State Government, as the case maybe;
22
THE GAZETTE OF INDIA EXTRAORDINARY
[PARTII-
(5) " farmer " means a person whose agricultural land is acquired by the appropriate Government for establishing any industrial unit,by whatever name called ; and
(c) "prescribed " means prescribed by rules made under this Act
3. (1) The appropriate Goverament shall prepare a comprehensive plin for the rehabilitation of farmers displaced as a result of acquisition oftheir agriculture land for setting up ofany industrial unit.
Comprehensive zehabilitation plan for i farmers .
(2) The rehabilitation plan under sub-section (7) shall include provisions of housing,
adequate compensation , employment to one member of the family ofa farmer in the
industrial unit, agricultural land at a new site and such other facilities to the farmers, as the appropriate Government may deem necessary.
4. (1) There shall be paid to every farmer , such share of profits of the quarterly net profits ofthe industrial unit, as may be prescribed.
(2) For the purpose of sub - section ( 1) , the management of industrial unit shall-
( a) maintain true accounts and publish them quarterly, and
Payment of share of profits 10 Farmers but of the profits of industrial μπίς .
(b) deposit the share of every farmer in the profits ofthe industrial unit in the bank accounts of farmers before the tenth day of the month following each quarter.
(3) Itshall be the responsibility ofthe appropriate Government to ensure implementation and monitoring of delivery by the management of the industrial units to the farmers ofthe share of their profits from the profits ofthe industrial units.
5. ( 1) Any farmer aggrieved by the violation of any of the provisions ofthis Act may file a complaint in writing with such authority, as the appropriate Goverment may designate.
Procedurd regarding filing of complaint, cíc
(2) The designated authority, either on his own or on a complaint filed under sub-section (1 ) , shall cause an enquiry to be made in such manner , as maybe prescribed.
(3 ) Where the inquiry under sub -section (2) is made on a complaint filed under sub-section (1 ) , the inquiry shall be completed within one month of the making of the complaint.
(4)On completion of inquiry, the designated authority may order such action as may be appropriate and necessary to fulfill the objectives ofthisAct:
Provided that where the management of an industrial unit fails to comply with the orders of the designated authority, the designated authority may impose suci fine, not less than rupees ten lakh, on the management, as it may deem fit .
Overriding effect of the ACL.
6. The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for thetime beingin force.
Power to raake tulos .
7. (1 ) The Central Government may, by notification in the Official Gazette, njake rules for carrying out the purposes of theAct.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House ofParliament, while it is in session , for a total period of thirty days which may be comprised in one session or in two or more successive sessions , and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should notbe made, the rule shall thereafter have effect only in such modified form or be ofno effect , as the case may be ; so , however, that any such modification or anaulntent shall be without prejudice to the validity of anything previously done under that rule .
23
Sec.2)
THE GAZETTE OF INDIA EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS
Agriculture is a prominent sector of Indian economy. About two -third population ofthe country is dependent on agriculture for their livelihood. Usually, land is the only resource for a farmer.The loss of this asset adversely affects the livelihood of a farmer. Due to poor compensation and lack of proper rehabilitation , the living conditions of farmers deteriorate and ultimately they fall in debt trap. In many cases, after displacement , they have to move to cities and live in miserable conditions . At the same time, the industrial units and projects, which are established on the land acquired from farmers at cheap rates , earn a huge profit due to a favourable economic policies of the Government. Thus, it is necessary that proper provisions are enacted for compensation, rehabilitation, employment and sharing by farmers in the profits made by such industrial projects so that livelihood offarmers is not jeopardized and their conditions do not become pitiable, It must also be ensured that the interests of farmers are protected while moving ahead on the path ofeconomic development of the country. They shouldbecome a partner in the economic growth and the growth should also reach them.
Hence this Bill .
New DELAI ;
HANSRAJ GANGARAMJI AHIR
August 10,2007
১ 24
THE GAZETTE OF INDIA EXTRAORDINARY
[PART 11-
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for comprehensive plan for rehabilitation of farmers displaced as a result of acquisition of their agricultural land . As regards the expenditure involved in giving effect to the provisions of the Bill in the States, it shall be borne out ofthe Consolidated Funds of the respective States . However, in case of Union territo- ries , the expenditure shall be met out of the Consolidated Fund of India. It is likely to involve a recurring expenditure of about rupees five hundred crore per annum.
Anon -recurring expenditure of rupees hundred crore is also likely to bejinvolved, SEC.21
THE GAZETTE OF INDIA EXTRAORDINARY
25
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause ?ofthe Bill empowers the Central Government to make rules for carrying out the purposes of this Bill . The rules will relate to matters of detail only.
The delegation of legislative power is , therefore , ofa normal character.
[PART II
26
THE GAZETTE OF INDIA EXTRAORDINARY
BILL NO . 74 OF 2007
A Bill further to amend the Constitution (Scheduled Castes ) Order, 1950.
Be it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:
Shon title.
1. This Act maybe called the Constitution (Scheduled Castes ) Order ( Amendment ) Act, 2007.
C.O. 19 2. In the Schedule to the Constitution (Scheduled Castes ) Order , 1950, in Part IX.- Maharashtra, for entury 48 , the following entry shall be substituted, namely:
Amenilment of the Schedule.
"48. Manne, Namosudra , Namasudra, Namosadraa . " .
27
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 21
STATEMENT OF OBJECTS AND REASONS
In pursuance of article 34 of the Constitution , the list of Scheduled Castes was first notified in 1950 , and thereafter it has been modified on various occasions. The inter-state migration of communities belonging to Scheduled Castes have made various State Governments to request for the inclusion of these migrated communities in the list ofScheduled Castes in respect of that State . Consequently, some ofthese communities bave been included in the list ofScheduled Castes in various States . However, there are still some communities which havebeen included in the list of Scheduled Castes in respect of some States while the same castes have been left out from the list of Scheduled Castes in other States .
TheNamasutra corrimurity has been included in the list of Scheduled Castes in several States.But the community has not been included in the list ofScheduled Castes in respect of the State ofMaharashtra , and as such they are not entitled to the benefits extended to the Scheduled Castes.
Therefore, it is necessary to include Namosudra, Namasudra , Namosudrasa communities in the list of Scheduled Castes of the State of Maharashtra in view of their economic, educational and social backwardness .
Hence thisBill .
HANSRAJ GANGARAMJI AHIR
NEWDELHI; August 10, 2007 :
28
THE GAZETTE OF INDIA EXTRAORDINARY
[PART I-
FINANCIALMEMORANDUM
TheBill seeks to include Namosudra, Namasudra, Namosudraa communities in the list of Scheduled Castes in respect of the State of Maharashtra by way of amending the Constitution (Scheduled Castes) Order, 1950. The Bill, ifenacted, would involve recurring and non -recurring expenditure on account of benefits to be extended to these communities under the schemes and programmes of the Government meant for social, educational and economic development ofthe scheduled castes. It is estimated that a sum of approximately rupees fifty crore is likely to be involved as a recurring expenditure per annum.
Anon-recurring expenditure ofabout rupees Fifty crore is also likely to be involved.
:
SEC.2]
29
THE GAZETTE OF INDIA EXTRAORDINARY
BILL NO. 75 OF2007
ABillfurther to amend the Constitution (Scheduled Tribes) Order, 1950.
BE, it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:-
Short title.
1. This Act maybe called the Constitution (Scheduled Tribes ) Order (Amendment ) Act,2007.
C.O. 22
2. In the Schedule to the Constitution ( Scheduled Tribes) Order, 1950 , in Part IX.-Maharashtra , for entry 17, the following entry shall be substituted namely:-
Amendment ofthe Schedule,
"17.Gamik, Ganta, Gavit, Mavchi, Padvi, Gowari, Gowac, Gowara. " .
30
THE GAZETTE OF INDIA EXTRAORDINARY
[PART-
STATEMENT OF OBJECTS AND REASONS
There has been a long pending demand to include the Gowari tribe of Maharashtra in the list of scheduled tribes maintained under article 342 of the Constitution. The Gowari tribe is also known as Gowar or Gowara tribe. This community is plagued by extreme. social , educational and economic backwardness . The Union Government took cognizance of the poor condition of this community and brought a Bill in the year 1967 to include this community in the schedule to the Constitution (Scheduled Tribes) Order, 1950 . However, the Bill lapsed and the Gowari community could not be added to the list of Scheduled Tribes of the State of Maharashtra . i
The Gowari community made several efforts and launched campaigns in the past to get their community included in schedule to the Constitution (Scheduled Tribes) Order, 1950. As many as 114 people of the community have laid down their lives seeking inclusion of the Tribes . After considering the demand of the community, on four different occasions theGovernment of Maharashtra have recommended the inclusion ofthe Gowari community in the schedule to the Constitution ( Scheduled Tribes) Order, 1950. The condition of this community is deteriorating day by day due to lackadaisical approach of the Government towards provision of benefits of reservation to the people belonging to this community.
The Gowari tribe needs the support of the State in the form of reservation în services under Government and other affirmative action of the Government so that they can be integrated with the mainstream and become an important part of the social fabric. To ensure such support to them , it is proposed in the Bill to include the Gowar , Gowara andGowari community in Part IX-Maharashtra in the Schedule to the Constitution (Sched- uled Tribes) Order, 1950.
Hence this Bill .
NEW DELHI;
HANSRAJ GANGARAMJI AHIR
August10,2007 31
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2]
FINANCIAL MEMORANDUM
The Bill seeks to include Gowar,Gowara and Gowari community in the list of Scheduled Tribes in respect of the State of Maharashtra by way of amending the Constitution (Scheduled Tribes) Order, 1950. The Bill , if enacted, would involve recurring and non-recurring expenditure on account of the benefits to be given under the schemes and programmes of the Government meant for social , educational and economic development ofthe scheduled tribes . At this stage, it is not possible to mention the exact amount which maybe incurred on this account. However, it is estimated that a sum of approximately. rupees one hundred crore is likely to be involved as a recurring expenditure per annum.
Anon- recurring expenditure of about rupees fifty crore is also likely to be involved.
32
THE GAZETTE OF INDIA EXTRAORDINARY
PART-
BILL NO . 78 OF 2007
ABillfurther to amend the Constitution of India.
Be it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:-
Short title .
1.( 1 ) This Act may be called the Constitution (Amendment) Act, 2007.
Amendment of theEighth Schedule.
2. In the Eighth Schedule to the Constitution, existing entries 1 to 22 shall be re- numbered as entries 2 to 23 respectively and before entry 2 as so re-numbered ,the following entry shall be inserted , namely:-
"1.Angika.".
33
SEC .2]
THE GAZETTE OF INDIA EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS
'Angika' language is spoken mainly in ancient 'Ang' Pradesh which comprises areas falling in north - eastern and southern Bihar , Jharkhand , Bengal , Assam, Orissa and tarai region of Nepal . This ancient classicat language is also spoken in countries like Cambodia, Vietnam, Malaysia, etc. It is the mother tongue of about five to six crore people.
TheAngika language has a rich literature both in prose and poetry since ancient times. However, the language has yet to get due recognition that it deserves.
Taking into account the antiquity of the language and its use by a large number of people , Angika language deserves due recognition by its inclusion in the Eighth Schedule to the Constitution.
Hence this Bill ,
SYED SHAHNAWAZ HUSSAIN
NEW DELHI;
August22,2007.
34
THE GAZETTE OF INDIA EXTRAORDINARY
[PARTI-
BILL NO . 79 OF 2007
ABillfurther to amend the Constitution (Scheduled Tribes) Order, 1990.
Be it enactedby Parliament in the Fifty- eighth year of the Republic of india as
follows:-
1. ( 1 ) This Act maybe called the Constitution (Scheduled Tribes) Order
. (Amendment ) Act, 2007.
Short title and соттепесіпель
(2) It shall come into force at once .
Amendmear of the Schedule.
2. In the Schedule to the Constitution (Scheduled Tribes ) Order, 1950, in Part C.O. 22 XVIII-Arunachal Pradesh , after entry 16 , the following entries shall be added,
namely:-
*17 . Deori .
18. Lichu.
19. Mising.".
35
SEC.2]
THE GAVETTE OF INDIA EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS
The Deori , Lichu and Mising communities have been living in the State of Arunachal Pradesh since time immemorial and are integral part ofthe State's rich tribal cultural heritage. They have also contributed immensely to the development of the State. These tribes also fulfil all the necessary criteria laid down by the National Commission for Scheduled Tribes for being recognized as a tribe under the Constitution (Scheduled Tribes)Order, 1950.
Therefore, to give thern justice and to fulfil their long pending demand and aspirations, it is proposed in the Bill to include the Deori , Lichu and Mising tribes in the list of Scheduled Tribes for the State ofArunachal Pradesh by amending the Constitution (Scheduled Tribes) Order, 1950 .
Hence thisBill .
NEW DELHI ;
TAPIR GAO
September 11 , 2007...
36
THE GAZETTE OF INDIA EXTRAORDINARY
PART I
FINANCIAL MEMORANDUM
Clause 2 oftheBill seeks to include Deori , Lichu and Mising tribes ofArunachal Pradesh in the list of Scheduled Tribes in respect of the State ofArunachal Pradesh by way of amending the Constitution (Scheduled Tribes) Order, 1950. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India for extending the benefits of reservation and other affirmative action of the Government to these communities. It is likely to involve an annual recurring expenditure of about rupees eighty crore from the Consolidated Fund of India .
A non - recurring expenditure of about rupees eighty crore is also likely to be involved.
37
SEC.2]
THE GAZETTE OF INDIA EXTRAORDINARY
BILL NO . 81 OF 2007
ABill further to amend the Motor Vehicles Act, 1988.
Beit enacted byParliament in the Fifty-eighth Year ofthe Republic ofIndiaas follows:--
1. (1)This Act may be called the Motor Vehicles (Amendment)Act, 2007.
Short title and commence- ment.
(2) It shall come into force at once.
59 of 1988 .
Amendment of section 129.
1. In section 129 of the Motor Vehicles Act, 1988 , the second proviso shall be omitted.
38
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
!
STATEMENT OF OBJECTS AND REASONS
Section 129 of the Motor Vehicles Act , 1988 makes wearing of protective headgear (helmet) compulsory for drivers and pillion riders oftwo wheeler motor vehicles. However. the second proviso to the section empowers the State Governments to make exceptions to the rule. This has resulted in many State Governments not making wearing of protective headgear mandatory.
Head injuries are the major cause of death of riders of two wheeler motor vehicles in road accidents . Such a tragedy can be averted by wearing the helmets, which protects the head from major as well as minor injuries , in accidents . In many countries it is mandatory,to wear ahelmet while driving or riding on two wheeler motor vehicles . Thus , it is imperative. tomake it mandatory for drivers as well as pillion riders oftwo wheelers to wear a helmet for their own safety. It is , therefore , necessary to omit the second proviso to section 129 ofthe Motor Vehicles Act, 1988 which enables the State Governments to make exceptions to the provision relating to wearing of protective headgear as provided in the Act.
TheBill seeks to achieve the above objectives .
NEWDELHI
IR. SENTHIL
November7, 2007.
SEC.21
39
THE GAZETTE OF INDIA EXTRAORDINARY
BILL NO. 83 OF 2007
ABill further to amend the Constitution (Scheduled Tribes) Order, 1950.
Bs it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:-
1. This Act may be called the Constitution (Scheduled Tribes) Order (Amendment) Short title. Act,2007.
CO. 22
2. In the Schedule to the Constitution ( Scheduled Tribes) Order, 1950, in Part XIV, TamilNadu, for entry 18 , the following entry shall be substituted , namely:
Amendment of the Scbaduls.
" 18. Kuruman , Kurumbas , Kurumans, Kurumba , Kuruba and Kurumba Gounder.".
40
THE GAZETTE OF INDIA EXTRAORDINARY
[PARTII-
STATEMENT OF OBJECTS AND REASONS
Kuruman, Kurumbas, Kurumans, Kurumba, Kuruba and Kurumba Gounder are all synonyms ofone tribe . The people belonging to these tribes are living in various parts of the State of Tamil Nadu. They have same culture . But the Constitution (Scheduled Tribes ) Order, 1950 has mentioned only Kurumans in the list of ScheduledTribes . The other names are not mentioned in the Constitution (Scheduled Tribes) Order, 1950. Due to difference of one or two letters in the names of Kuruman , Kurumbas , Kurumba, Kuruba and Kurumba Gounder tribes, the people of this tribe are not considered as Scheduled Tribes . Hence the people belongingto these communities are not getting the benefits available to the Scheduled Tribes .
The StateGovernment of Tamil Nadu has recognised the demand ofpersons belonging to these tribes and forwarded their requests to the Union Government for necessary action urgently.
However, there has been undue delay in including the names of these tribes in the list of Scheduled Tribes, which has caused lots of hardship to them. A large number of youth belonging to these communities are not able to get benefits of reservation in the matters of admission in professional colleges and jobs under the State as the names ofaforesaid tribes are not mentioned in the Constitution ( Scheduled Tribes ) Order, 1950. This position has tobe rectified.
The present Bill seeks to amend the Constitution (Scheduled Tribes) Order, 1950 in orderto include all the synonyms of Kurumans tribe in the list of Scheduled Tribes of the State of Tamil Nadu ,
TheBill seeks to achieve the above objectives .
R.SENITHIL
NEW DELHI;
November8, 2007.
41
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
FINANCIAL MEMORANDUM
TheBill seeks to include Kuruman, Kurumbas , Kurumbe, Kuruba and KurumbaGounder community in the list of Scheduled Tribes in respect of the State ofTamil Nadu byway of amending the Constitution ( Scheduled Tribes) Order , 1950. The Bill , if enacted , would involve recurring and non- recurring expenditure on account of the benefits to be given under the schemes and programmes of the Government meant for social, educational and economic development of the scheduled tribes. At this stage, it is not possible to mention theexact amount which may be incurred on this account . However , it is estimated that a sum ofapproximately rupees twenty-five crore is likelyto be involved as a recurring expenditure per andum.
A non -recurring expenditure of about rupees fifty crore is also likely to be involved.
42
THE GAZETTE OF INDIA EXTRAORDINARY
[PART I
BILL NO . 82 OF 2007
ABillfurther to amend the Constitution of India.
BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows!-
Short thle
1. This Act may be called the Constitution (Amendment) Act, 2007.
2.After article 24 of the Constitution, the following article shall be inserted, namely:-- Insertion of new article 24A .
"24A. Every citizen shall have the right to corruption- free service in all offices and bodies under the State . " , :
Right το corruption free service.
SEC. 2]
43
THE GAZETTE OF INDIA EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS
The fundamental rights enshrined in the Constitution represent two important facts. Thefirst is that they are an explicit and significant articulation of the basic rights that every citizen in the country must enjoy in order to ensure that we have a meaningful democracy and the ideals articulated in the Preamble of the Constitution are realised in practice . The second important fact is that they represent the rights which a citizen must enjoy if we want to have good governance by removing social evils like untouchability. These rights have evolved over generations . They represent the lessons the society has learnt from the past experience when these rights were not available to the citizens and consequently there was suffering and misgovernance . For example , the protection from doublejeopardy musthave arisen because there was a time when a person could be punished again and again for the same offence.
Sixtyyears ofour existence as independent nation and fifty- seven years of working of the Constitution has resulted in one common experience of all Indian citizens. They cannot go to any public organisation or office today and get the service which they are supposed to get without either paying bribe or bringing influence by way of recommendations or references from VIPs . Today, the situation is so bad that even a simple work can be got done onty after paying necessary bribe or bringing influence . It is a shameful thing that our country has been rated as one of the most corrupt countries in the world . Corruption cannot go unchecked . It will kill initiative, industriousness and skill. "It will rather develop irresponsibility and a lack of sensibility . Today, corruption is not only in Government departments but is prevalent everywhere.
When we are talking about transparency in administration, freedom of information , etc. it would be appropriate to talk about prevention of corruption which all go together. Today, we are attracting maximum foreign investment .Our computer engineers are makingus proud by their achievements.But one single factor, corruption , has downgraded our image to such an extent that all our efforts have been nullified. Certain steps like-
(i ) computerisation ofall records;
( ii) immediate action in case of corruption;
( ii) complete transparenicy in administration; and
(iv) severe punishment to the guilty
can be initiated immediately to tackle this menace .
With this in view, it is proposed to amend the Constitution to make corruption free service as a fundamental right.
MOHAN SINGH
NEWDELHI; November8 , 2007 .
P.D. T. ACHARY,
Secretary-General.
PRINTED BY THE MANAGER , OCVT. OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI , 2007 .
MGIPMRND-50926-29-12-2007.