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Extraordinary Gazette of India · Government of India

Bills introduced in Lok Sabha on 7.12.2011.

Published 07 December 2011

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REGISTERED NO . DL-(N) 04/0007/2003-11

रजिस्ट्री सं० डी० एल०(एन)04/0007/ 2003-11

भारत का राजपत्र The Gazette ofIndia

असाधारण

EXTRAORDINARY

भाग II - खण्ड 2

PART II - Section 2

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

सं० 30] नई दिल्ली, बुधवार, दिसम्बर 7 , 2011/ अग्रहायण 16 , 1933 (शक ) No. 30] NEW DELHI, WEDNESDAY, DECEMBER 7, 2011/AGRAHAYANA 16, 1933 (SAKA)

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 following Bills were introduced in Lok Sabha on 7.12.2011 .

BILL NO . 107 OF 2011

ABill further to amend the North - Eastern Areas (Reorganisation) Act, 1971 .

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

Short title and commencement .

1. (1) This Act may be called the North-Eastern Areas (Reorganisation) Amendment Act, 2011.

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

2. In section 61 of the North- Eastern Areas (Reorganisation ) Act, 1971 , for sub- section (3 ), the following sub-sections shall be substituted , namely:-

Amendment of section 61 of Act 81 of 1971 .

"(3) On and from the date of commencement of the North - Eastern Areas (Reorganisation) Amendment Act, 2011 , there shall be constituted each for the State of Manipur and for the State of Tripura a separate cadre of the Indian Administrative Service, a separate cadre of the Indian Police Service and a separate cadre of the Indian Forest Service .

2

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[PART II-

(3A) The initial strength and composition of the State cadres referred to in sub-section ( 1) shall be such as the Central Government may, by order, determine before the date of commencement of the North- Eastern Areas ( Reorganisation) Amendment Act, 2011 .

(3B) The members of each of the said services borne on the joint cadre for the States ofManipur and Tripura in each category of the All- India Services immediately before the commencement of the North -Eastern Areas (Reorganisation ) Amendment Act, 2011 shall be allocated to the State cadres of the same service constituted under sub-section (1 ) in such manner and with effect from such date or dates as the Central Government may, by order, specify.

61 of 1951 .

(3C) Nothing in this section shall be deemed to affect the operation , on or after the commencement of the North- Eastern Areas (Reorganisation) Amendment Act, 2011 , of the All - India Services Act , 1951 , or the rules and regulations made thereunder. " .

THE GAZETTE OF INDIA EXTRAORDINARY

3 SEC. 2]

STATEMENT OF OBJECTS AND REASONS

The North-Eastern Areas (Reorganisation) Act, 1971 was enacted with a view to providing for the establishment of the States of Manipur and Tripura and also for the formation ofthe State of Meghalaya and for matters connected therewith .

2. Section 61 ofthe aforesaid Act contains provisions relating to the All - India Services . Sub-section (3 ) of the said section provides for the constitution of a joint cadre each ofthe Indian Administrative Service, the Indian Police Service and the Indian Forest Service for the StatesofManipur and Tripura . The law relating to recruitment and conditions of service of persons appointed to the All - India Services is contained in the All - India Services Act, 1951 and the rules and regulations made thereunder.

3. At present , there is a joint cadre of the All -India Services for the States of Manipur and Tripura . The demand for bifurcation of the joint Manipur and Tripura cadre inrespect ofeach of the aforesaid Services was initially raised by the then Chief Minister of Tripura in the year 2004. The issue was discussed in several review meetings . Ameeting of the Cadre Controlling Authorities of the All - India Services , namely, the Department of Personnel and Training , the Ministry of Home Affairs and the Ministry of Environment and Forests was convened on the 12th January, 2009 wherein it was recommended to split the joint Manipur and Tripura All - India Service Cadres into two independent State cadres . The proposal for splitting the joint Manipur and Tripura cadre of the All- India Services was considered by the Central Government after consultation with the stakeholders .

4. Accordingly, it is proposed to amend section 61 of the North-Eastern Areas (Reorganisation) Act , 1971 relating to All- India Services to give effect to the said proposal .

5. The Bill seeks to achieve the above objects .

P. CHIDAMBARAM.

NEWDELHI;

The 21st November, 2011 .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

FINANCIAL MEMORANDUM

Clause 2 of the Bill seeks to amend section 61 of the North- Eastern Areas (Reorganisation) Act, 1971 so as to constitute separate cadres of certain All- India Services , namely, the Indian Administrative Service , the Indian Police Service and the Indian Forest Service for the States of Manipur and Tripura respectively, by splitting up of the existing joint cadre for the said States . The expenditure on these Services would be borne by the respective State Governments and hence no separate expenditure from the Consolidated Fund of India, both recurring and non - recurring, is involved .

5 THE GAZETTE OF INDIA EXTRAORDINARY

SEC.2]

BILL NO . 106 OF 2011

ABill to authorise payment and appropriation ofcertain further sums from and out ofthe Consolidated Fund of India for the services ofthe financial year 2011-12.

BE it enacted by Parliament in the Sixty- second Year of the Republic of India as follows:-

Short title .

1. This Act may be called the Appropriation (No. 4) Act, 2011 .

2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of sixty- three thousand one hundred eighty crores and twenty - four lakh rupees towards defraying the several charges which will come in the course of payment during the financial year 2011-12 in respect of the services specified in column 2 of the Schedule .

Issue of Rs . 63180,24,00,000 out ofthe Consolidated Fund of India for the financial year 2011-12.

Appropriation .

3. The sums authorised to be paid and applied from and out of the Consolidated Fund Schedule in relation to the said year. of India by this Act shall be appropriated for the services and purposes expressed in the 6

[PART II-

THE GAZETTE OF INDIA EXTRAORDINARY

THE SCHEDULE

( See sections 2 and 3 )

3

1

2

Sums not exceeding

Total

Services and purposes

Chargedon the Consolidated Fund

Votedby Parliament

No. of Vote

Rs.

Rs .

Rs.

Revenue

64,00,000

1

65,00,000 Department of Agriculture and Cooperation

3

Department of Animal Husbandry, Dairying and

Fisheries

Revenue

4

Revenue

Atomic Energy

Capital

Revenue

6

199,74,00,000

199,74,00,000 Department of Chemicals and Petrochemicals

13778,93,00,000

7

13778,93,00,000

Revenue

Department of Fertilisers

Revenue

8

Department of Pharmaceuticals

Capital

10 Ministry of Coal

Revenue

15,05,00,000

15,05,00,000 11 Department of Commerce

Revenue

12 Department of Industrial Policy and Promotion ...

Revenue

63,00,000

64,00,000 13 Department of Posts

9,58,00,000

9,59,00,000

Capital

Revenue

15 Department of Information Technology

Revenue

9,50,00,000

9,50,00,000

16 Department of Consumer Affairs

4,76,00,000

4,76,00,000

Capital

2297,52,00,000

Revenue 2297,52,00,000

17 Department of Food and Public Distribution

Revenue

19 Ministry of Culture

Revenue 1800,00,00,000

Ministry of Defence

20

Revenue

22 Defence Services Army

Revenue

5,10,00,000

805,10,00,000 23 Defence Services Navy

1,90,00,000

1,90,00,000

Revenue

25 Defence Ordnance Factories

Capital

27 Capital Outlay on Defence Services

Revenue

29 Ministry of Earth Sciences

Revenue

30 Ministry of Environment and Forests

42,00,00,000

42,00,00,000

Capital

Capital

31 Ministry of External Affairs

10,15,00,000

10,15,00,000

Revenue

32 Department of Economic Affairs

507,78,00,000

507,78,00,000

Capital

Revenue

33 Department of Financial Services

Capital

1500,01,00,000

1500,01,00,000

Revenue

35 Transfers to State and Union territory Governments

Capital

Revenue

17,52,00,000

17,52,00,000

38 Department of Expenditure

Revenue

39 Pensions ......

41

Revenue

Department of Revenue

Revenue

45 Ministry of Food Processing Industries .

Revenue

46 Department of Health and Family Welfare

Capital

Revenue

47 Department of Ayurveda, Yoga and Naturopathy, Unani , Siddha and Homoeopathy ( AYUSH)

Revenue

48 Department of Health Research

Revenue

50 Department of Heavy Industry

Capital

Revenue

52 Ministry of Home Affairs

Revenue

53 Cabinet

34,76,00,000

34,76,00,000

82,18,00,000

82,18,00,000

Capital

Revenue

2,80,00,000 1502,81,00,000 54 Police

1500,01,00,000

Capital

55 Other Expenditure of the Ministry of Home Affairs .. Revenue

57 Ministry of Housing and Urban Poverty Alleviation .. Revenue

Revenue

58 Department of School Education and Literacy.

Revenue

59 Department of Higher Education

23,34,00,000

Revenue 23,34,00,000

60 Ministry of Information and Broadcasting.

505,55,00,000

Revenue 505,55,00,000

61 Ministry of Labour and Employment

Revenue

8,27,00,000 62 Election Commission

8,27,00,000

65 Ministry of Micro , Small and Medium Enterprises ... Revenue

92,49,00,000

92,49,00,000

Capital

66 Ministry of Mines 7 THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 2]

3

2

1

Sums not exceeding

Total

Services and purposes

Charged on the Consolidated Fund

Votedby Parliament

No. of Vote

Rs.

Rs.

Rs.

Revenue

162,80,00,000

162,80,00,000

68 Ministry of New and Renewable Energy

Capital

Capital

69 Ministry of Overseas Indian Affairs

Revenue

Ministry of Personnel, Public Grievances and Pensions.

72

Capital

30000,00,00,000

Revenue

73 Ministry of Petroleum and Natural Gas

Revenue

16,14,00,000

16,14,00,000

75   Ministry of Power ....
                                                  Capital
     CHARGED.    Staff, Household and Allowances
     ofthe President .                             Revenue                             2,14,00,000         2,14,00,000
77 Lok Sabha                                       Revenue
81   Ministry of Road Transport and Highways       Revenue
85   Department of Science and Technology          Revenue
87    Department of Biotechnology                  Revenue
88   Ministry of Shipping ......                   Revenue
89   Ministry of Social Justice and Empowerment    Revenue
                                                   Revenue                                               119,81,00,000

119,81,00,000

92 Ministry of Steel

121,71,00,000

Revenue 121,71,00,000

93 Ministry of Textiles

88,18,00,000

88,18,00,000

                                                  Capital
95   Ministry of Tribal Affairs                   Revenue
96   Andaman and Nicobar Islands                  Revenue
                                                  Capital
                                                  Revenue                                               105,49,00,000

105,49,00,000

Dadra and Nagar Haveli

98

86,00,00,000

Revenue 86,00,00,000

99 Daman and Diu

10,50,00,000

Revenue 10,50,00,000

100 Lakshadweep ...

Revenue

101 Department of Urban Development

Capital

42,50,00,000

42,50,00,000

Revenue

102 Public Works

1950,02,00,000

1950,02,00,000

105 Ministry of Women and Child Development ......

Revenue

Revenue

106 Ministry of Youth Affairs and Sports

63180,24,00,000

1024,80,00,000

TOTAL ........

62155,44,00,000

8

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

STATEMENT OF OBJECTS AND REASONS

ThisBill is introduced in pursuance of article 114( 1) of the Constitution of India, read with article 115 thereof, to provide for the appropriation out of the Consolidated Fund of India of the moneys required to meet the supplementary expenditure charged on the Consolidated Fund of India and the grants made by the Lok Sabha for expenditure of the Central Government, excluding Railways , for the financial year 2011-12.

PRANAB MUKHERJEE .

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

[Copy of letter No. 4(21 )-B(SD)/2011 , dated 24.11.2011 from Shri Pranab Mukherjee , Minister of Finance to the Secretary- General , Lok Sabha ]

The President, having been informed of the subject matter of the proposed Bill to authorise payment and appropriation of certain further sums from and out ofthe Consolidated Fund of India for the services of the financial year 2011-12 , recommends under article 117(1 ) and (3 ) of the Constitution , the introduction ofthe Appropriation (No. 4) Bill, 2011 in Lok Sabha and also the consideration of the Bill .

T.K. VISWANATHAN ,

Secretary-General.

THE GAZETTE OF INDIA EXTRAORDINARY

SEC.2]

BILL NO . 108 OF 2011

ABillfurther to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of Scheduled Tribes in the States ofManipur and Arunachal Pradesh.

BE it enacted by Parliament in the Sixty- second Year of the Republic of India as follows:-

1. This Act may be called the Constitution ( Scheduled Tribes) Order (Amendment) Short title . Act, 2011 .

C.O. 22 .

2. Inthe Schedule to the Constitution (Scheduled Tribes) Order, 1950,-

(a) in PART X.-Manipur ,-

(i) for entry 8 , substitute-

"8. Kabui , Inpui, Rongmei" ;

Amendment of Parts X and XVIII of Constitution (Scheduled Tribes) Order, 1950.

(ii) for entry 9, substitute-

"9. Kacha Naga, Liangmai , Zeme" ;

(iii) for entry 10 , substitute- " 10. Koirao , Thangal" ;

(iv) after entry 33 , insert-

"34. Mate";

(b) in PART XVIII .-Arunachal Pradesh,-

for entry 5, substitute-

"5. Galo" .

[PART II-

THE GAZETTE OF INDIA EXTRAORDINARY

10

STATEMENT OF OBJECTS AND REASONS

Clause (25) of article 366 of the Constitution defines " Scheduled Tribes " which means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution .

2.Article 342 of the Constitution provides that-

(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification , specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be .

(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause ( 1 ) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification .

3. The first list of Scheduled Tribes in Manipur was notified through the Constitution (Scheduled Tribes ) (Part C States ) Order , 1951. It had further been modified through the Scheduled Castes and Scheduled Tribes Lists ( Modification) Order, 1956 and the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act , 2002. At present, there are 33 communities appearing in the list of the Scheduled Tribes in Manipur.

4.To fulfil a long standing demand for considering grant of Scheduled Tribes status to the Inpui , Rongmei , Liangmai , Zeme , Thangal and Mate communities in the State ofManipur, the entries at 8 , 9 and 10 of the Scheduled Tribes ' list in Manipur have to be amended and a new entry 34 is to be inserted to include these six communities .

5. Before its creation as a State , Arunachal Pradesh was part of the State of Assam . "Galong" was listed as the Scheduled Tribes in the State of Assam by the Constitution (Scheduled Tribes ) Order, 1950. After the creation ofArunachal Pradesh as a State , " Galong " community was mentioned in the list of the Scheduled Tribes in Arunachal Pradesh at entry 5 bythe North Eastern Areas (Reorganisation) Act, 1971. Currently 16 numbers of communities exist in the list of the Scheduled Tribes in Arunachal Pradesh including " Galong" .

6. The Government of Arunachal Pradesh has been recommending for long that the name " Galo " be substituted in place of " Galong " in the list of the Scheduled Tribes in the State since "Galong " is a distorted version of the original word "Galo " . A change is , therefore , required in the list of Scheduled Tribes in Arunachal Pradesh in as much as in place of the existing entry " Galong " , the name " Galo " is to be inserted in order to enable the "Galo " community to be listed by its correct name .

7. The Bill seeks to achieve the aforesaid objectives .

V. KISHORE CHANDRA DEO .

NEW DELHI; The 9th August , 2011 .

11 THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 2]

FINANCIAL MEMORANDUM

The Bill seeks to amend the Constitution (Scheduled Tribes ) Order, 1950; and the Constitution (Scheduled Tribes ) (Part C States ) Order, 1951 by :--

(i) including six communities namely Inpui , Liangmai, Rongmei , Thangal , Zeme and Mate in the list of Scheduled Tribes in the State of Manipur by amending the existing entries 8, 9 and 10 ;

(ii) inserting the new entry 34 (relating to "Mate" ); and

(iii) substituting "Galo " in place of " Galong " in entry 5 in the list ofthe Scheduled Tribes in Arunachal Pradesh .

2. The amendments in the case of Manipur will entail additional recurring and non- recurring expenditure from the Consolidated Fund of India on account of benefits likely to be provided to the persons belonging to these communities out of the continuing schemes meant for the welfare of Scheduled Tribes . The same will be accommodated within the annual Plan and Non -Plan outlay of the Ministry.

3. This Bill , in the case ofArunachal Pradesh, will entail no additional recurring or non- recurring expenditure on account of the substitution of "Galo " in place of "Galong" in entry 5 in the list ofthe Scheduled Tribes in Arunachal Pradesh .

PRINTED BY THE GENERAL MANAGER , GOVT . OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 2011 .

GMGIPMRND-3033GI (S3 )-24-12-2011.

Cite this issue. Extraordinary Gazette of India, Government of India, 07 December 2011. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.central.e.2011-12-07.29408/. Archive identifier in.gazette.central.e.2011-12-07.29408.