LOK SABHA

_______

The following Bills were introduced in Lok Sabha on 12th December, 2014:—

BILL NO. 103 OF 2014

A Bill further to amend the Mines and Minerals (Development and Regulation)

Act, 1957

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

1. This Act may be called the Mines and Minerals (Development and Regulation)

Amendment Act, 2014.

Short title.

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EXTRAORDINARY

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PART II — Section 2

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PUBLISHED BY AUTHORITY

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

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

2. After section 3 of the Mines and Minerals (Development and Regulation) Act, 1957,

the following heading and section thereunder shall be inserted, namely:—

‘‘PROVISIONS OF THE ACT NOT TO APPLY TO COAL

MINING IN SCHEDULED AREAS

3A. (1) Nothing in this Act shall apply to operations already being undertaken or to be

undertaken for the purpose of mining of coal in a traditional or customary manner in the tribal

areas specified in the Sixth Schedule to the Constitution.

(2) For the purpose of sub-section (1), the State Government concerned shall, by

notification in official Gazette, specify the tribal areas where mining of coal is undertaken in

a traditional or customary manner.

(3) Notwithstanding anything contained in this Act, the District Council for each

autonomous area may regulate the operation of mining of coal in that autonomous area in

public interest.’’.

Insertion of

new section

3A.

67 of 1957.

Act not to

apply in

relation to

coal mining

in tribal areas

specified in

the Sixth

Schedule to

the

Constitution.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Recent trends in the administration of justice particularly by the National Green Tribunal

have intrusive and obliterating effects on the traditional and customary coal mining activities

in Meghalaya and other North-Eastern States.

The customary and traditional economic practices of the communities in the North-

East India need statutory safeguards especially when the Constitution guarantees for the

preservation of the history, heritage, culture, economy and polity of the North-Eastern States.

The recent interim order of the National Green Tribunal banning the rat-hole coal

mining in Meghalaya has resulted in deleterious economic consequences. The protection of

environment should not be at the cost of humanity. If there is a conflict between livelihood

and protection of environment, the former has to be favoured. Such contentious protection

of environment at the cost of the interests of labourers and traditional workers is not indicative

of a progressive society.

The Bill seeks to protect the economic life of the citizens living in the North-Eastern

States by exempting the areas where coal mining is undertaken in traditional or customary

ways from the application of the Mines and Minerals (Development and Regulation) Act,

1957. The Bill also empowers the concerned State Governments to notify such areas and

further empowers the District Councils of autonomous areas specified in the Sixth Schedule

to the Constitution to regulate such traditional and customary coal mining in public interest.

Hence this Bill.

NEW DELHI;

VINCENT H. PALA

July 22, 2014

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 112 OF 2014

A Bill to regulate the nursing profession by providing for abolition of requirement of

service bond or withholding of original educational documents of students or

employees by institutions, hospitals or establishments in nursing sector and to

safeguard the interests of employees and nursing students from all kinds of harassment

and exploitation and for matters connected therewith.

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

1. (1) This Act may be called the Nursing Profession (Abolition of Service Bond and

Miscellaneous Provisions) Act, 2014.

(2) It extends to the whole of India.

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

in the Official Gazette, appoint.

Short title,

extent and

commence-

ment.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

(i) “appropriate Government” means in the case of a State, the State Government

and in all other cases, the Central Government;

(ii) “service bond” in relation to a nursing profession refers to a system whereby

a person, who is a qualified nursing service provider or a student of a nursing course

in an institution, is compelled to enter into an agreement with an employer or an

institution engaged in nursing profession, as the case may be, with any of the following

obligations,—

(a) minimum period of service to be rendered by an employee or a student

on successful completion of nursing course;

(b) depositing of original mark sheets, certificates or other such documents

and withholding the same beyond a reasonable period required for verification

of such documents or obtaining any other form of sureties from a student or an

employee, as the case may be; and

student or employee leaves prior to completion of period stipulated in the

agreement by way of signing a bond by whatever name called;

(iii) “certificate” means original mark sheet, degree or provisional certificate

showing the qualification of a student or an employee and includes conduct certificate,

transfer certificate and experience certificate;

(iv) “employee” means a person who possesses qualification of Auxiliary Nursing

Midwife or General Nursing and Midwifery or Bachelor's or Master's degree in a

nursing course and is rendering service as a nurse in a hospital, nursing home or

nursing institution;

(v) “employer” means a person who owns or is in-charge of a hospital or nursing

home or clinical establishment or nursing institution or who is authorised to make

appointments, promotions or monitor the performance of the employees;

(vi) “institution” means an institution offering courses such as Auxiliary Nursing

Midwife, General Nursing and Midwifery, Bachelor's or Master's degree in nursing or

any other equivalent course connected with nursing;

(vii) “prescribed” means prescribed by rules made under this Act; and

(viii) “student” means a student pursuing any course such as Auxiliary Nursing

Midwife, General Nursing and Midwifery, Bachelor's or Master's degree in nursing or

any other equivalent course connected with nursing.

3. (1) The practice of obtaining service bond from students or employees by nursing

institutions, nursing homes, clinical establishments or hospitals is hereby abolished.

(2) No institution or employer shall—

(a) compel or force any student or employee to execute service bond in any

form;

(b) force or compel any employee to execute service bond to continue in service;

on any ground beyond a period of thirty days from the date of submission of certificates;

(d) demand any compensation, damage or surety amount claim for release of the

certificates or other such documents from any employee or student who wish to be

relieved from the service of such institution or employer; and

(e) take any step, directly or indirectly, which aims at promoting the practice of

obtaining service bond.

Definitions.

Abolition of

service bonds.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

4. (1) The appropriate Government shall, as soon as may be, designate an officer not

below the rank of District Magistrate, in every district for the purpose of implementing the

provisions of this Act.

(2) The officer designated under sub-section (1) shall be assisted by such number of

officers and staff as may be prescribed by the appropriate Government.

(3) The designated officer shall perform the following functions—

(i) provide a helpline number to the students and employees to lodge complaints

against harassment or exploitation by the institutions or employers;

(ii) entertain complaints of continuance of practice of obtaining service bonds

by nursing institutions, hospitals, nursing homes or clinical establishments;

(iii) issue show cause notices to the institutions or employers on finding

prima facie evidence of violation of the provisions of this Act;

(iv) conduct inspections of the institutions or employers, as the case may be, on

the basis of complaints received from the students or employees, as the case may be;

(v) compile and maintain a database of students and employees of nursing

profession;

(vi) recommend compensation to the family of those students or employees who

commit suicide due to harassment by institutions or employers or become incapacitated

due to any reason; and

(vii) recommend to the appropriate Government such action, as it may deem

appropriate, including cancellation of registration or withdrawal of affiliation of such

institutions, hospitals, nursing establishments or nursing homes which work in violation

of the provisions of this Act:

Provided that before recommending cancellation of registration or withdrawal of

affiliation of any institution or employer, such institution or employer shall be given

reasonable opportunity of being heard in the matter.

5. (1) Whoever violates the provisions of section 3, shall be punished with a fine,

which may extend to rupees five lakh.

(2) Notwithstanding anything contained in the Indian Penal Code, 1860, whoever

abets the suicide of a student or an employee by harassing such student or employee, shall

be punished with imprisonment for a term of two years, and with fine which may extend to

rupees ten lakh.

6. (1) the appropriate Government may confer, on Executive Magistrate, the powers of

Judicial Magistrate of the first class or of the second class for the trial of offences under this

Act; and, on such conferment of powers, the Executive Magistrate, on whom the powers are

so conferred, shall be deemed, for the purposes of the Code of Criminal Procedure, 1973, to

be a Judicial Magistrate of the first class, or of the second class, as the case may be.

(2) An offence under this Act may be tried summarily by a Magistrate.

7. (1) The appropriate Government may, by notification in the Official Gazette, make

rules for carrying out the purposes of this Act.

(2) Every rule made under this Act by the Central Government shall be laid, as soon as

may be after it is made, before each House of Parliament, 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 not be made, the rule shall thereafter have effect

only in such modified form or be of no effect, as the case may be; so, however, that any such

Designating an

officer for

implementation

of provisions of

this Act.

Punishment.

Offences to be

tried by

Executive

Magistrate.

Power to make

rules.

45 of 1860.

2 of 1974.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Nursing profession is the backbone of health sector of a country and offers abundant

career opportunities both within the country and overseas. However, at the same time,

exploitation of nursing staff is also increasing. Many nursing institutions, hospitals and

nursing homes are exploiting employees on pretexts such as bond, internship, skill training,

etc.

The bond system forces the nursing staff to render 12-14 hours work continuously in

a day or two shifts at one stretch without reasonable hours of rest. Employees are paid very

meagre salary and are deprived of service benefits, medical leaves and protection from

communicable diseases. They are subjected to constant harassment by the employer.

Employees have to work even if they are not keeping well. Factors such as increasing work

load, harassment, insecure job environment, meagre salary and lack of maintaining reasonable

nurse-patient ratio are causing adverse effect on the physical and mental health of employees.

The working environment is also seriously affecting their personal and family life, which is a

matter of serious concern as majority of the employees in this profession are women and

come from economically weaker sections of the society. Due to bond conditions and

impounding of certificates by the employers, employees have no option other than submitting

themselves to the exploitation which is in violation of their fundamental rights.

Increasing number of work-induced diseases as well as deaths and suicides among

nursing staff shows their pathetic condition which cannot be allowed to continue in a

welfare State. Drastic decline in enrollment in nursing courses shows the changed attitude

towards nursing profession which may result in dearth of nursing professionals in future.

This trend is bound to adversely affect our health sector.

Frequent strikes by the nursing staff in various hospitals is seriously affecting the

health sector and high incidence of suicides among nurses due to stress urgently demand

for certain protective and welfare measures for the nursing staff to address their genuine

grievances in an effective manner. In order to regain the reputation of nursing profession and

for maintaining standard of nursing profession within the health sector in the country,

provisions to safeguard the employees from the threat of bonded labour and harassment are

urgently required to be enacted.

Hence this Bill.

NEW DELHI;

ANTO ANTONY

July 17, 2014.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides for providing of helpline number, compilation of data of

nursing students and employees by the designated officer. The expenditure relating to

States shall be borne out of the Consolidated Funds of the respective States. However, the

expenditure in respect of Union territories shall be borne out of the Consolidated Fund of

India. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of

India. However, at this stage, it is not possible to quantify the exact amount of recurring and

non-recurring expenditure likely to be involved. However, it is estimated that a recurring

expenditure of rupees two hundred crore will be incurred per annum.

A non-recurring expenditure of rupees two hundred crore is also likely to be involved.

_______

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 7 of the Bill empowers the appropriate 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, therefore, of a normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Chhattisgarhi language, which is one of the formats of eastern Hindi language class, in

its semi magadhi form of Indo-Aryan language is not only being spoken, understood and

used by the people in Chhattisgarh but also in other States of country. Chhattisgarh Legislative

Assembly had unanimously recommended on 30 March, 2001 and 13 July, 2007 to include

this language in the Eighth Schedule to the Constitution. But till date, necessary action has

not been taken in this regard.

Further, Chhattisgarh Legislative Assembly has unanimously passed the Chhattisgarh

Official Language (Amendment) Bill, 2007 by which the Chhattisgarhi language has also

been recognized as the official language in addition to Hindi in that State. The Bill was

notified as an Act of the State on 11 July, 2008.

In view of the above, it is necessary that the Chhattisgarhi language be included in the

Eighth Schedule to the Constitution.

Hence this Bill.

NEW DELHI;

TAMRADHWAJ SAHU

November 5, 2014

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

2. The Central Government shall, within a period of one year from the date of coming

into force of this Act, take such measures as it may deem fit for banning the use of harmful

pesticides and pesticides formulations specified in the Schedule to this Act in agriculture

and such other practices in such manner as may be prescribed by rules made under this Act.

3. The provisions of this Act shall be in addition to, and not in derogation of, any other

law for the time being in force.

4. (1) The Central Government may, by notification in the Gazette of India, make rules

for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made,

before each House of Parliament, 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 not be made, the rule shall thereafter have effect only in such modified form or be

of no effect, as the case may be; so, however, that any such modification or annulment shall

be without prejudice to the validity of anything previously done under that rule.

Banning of use

of harmful

pesticides and

pesticides

formulations.

Power to

make rules.

Act not in

derogation of

any other law

for the time

being in force.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

THE SCHEDULE

[See section 2]

1. Acephate

2. Alachlor

3. Aluminum Phosphide

4. Atrazine

5. Benfuracarb

6. Benomyl

7. Bifenthrin

8. Butachlor

9. Captan

10. Carbaryl

11. Carbendazim

12. Carbofuran

13. Chlorefenapyr

14. Carbosulfan

15. Chlorothalonil

16. Chlorpyriphos

17. Dezomet

18. Dichlorodiphenyltrichloroethane

19. Deltamethrin

20. Diazinon

21. Dichlorovos

22. Dicofol

23. Diflubenzuron

24. Dimethoate

25. Dinocap

26. Diuron

27. Endosulfan

28. Etofenprox

29. Fenpropathrin

30. Fenarimol

31. Fenitrothion

32. Fenthion

33. Iprodione

34. 2, 4-Dichlorophenoxyacetic Acid

35. Kasugamycin

36. Linuron

37. Lindane

38. Methomyl

39. Methoxyethylmercury chloride

40. Methyl parathion

41. Malathion

42. Mancozeb

43. Mepiquat chloride

44. Metaldehyde

45. Monocrotophos

46. Oxyfluorfen

47. Paraquat dichloride

48. Pendimethalin

49. Phorate

50. Phosphamidon

51. Pretilachlor

52. Propargite

53. Propineb

54. Quinalphos

55. Sodium cyanide

56. Sulfosulfuron

57. Thiodicarb

58. Thiometon

59. Thiophanate methyl

60. Thiram

61. Triazophos

62. Trichlorfon

63. Tridemorph

64. Trifluralin

65. Zinc phosphide

66. Zineb

67. Ziram

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The problem of pests in agriculture, which resulted in decline of production of various

crops and some time even destruction of entire crop, has been addressed, to a great extent,

by the use of pesticides. However, the use of pesticides is detrimental not only to human but

also to the environment. This threat to human and environment by the use of pesticides

needs our serious attention because the harmful effects of pesticides come to the fore after

a time lag which may be few years or longer. Therefore, there is a necessity to ban the use of

such pesticides which are severely harmful to human as well as environment. Further, the use

of pesticides may also stunt the mental and physical health of children who are exposed to

such pesticides thereby affecting the future generations of the country even before they are

born. All the more pivotal point is that many harmful pesticides which have been banned

internationally are not banned in India.

In view of the facts stated above, the Bill seeks to ban the use of certain harmful

pesticides.

NEW DELHI;

P. KARUNAKARAN

November 7, 2014

_______

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 4 of the Bill empowers the Central Government to make rules for carrying out

the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of

legislative power is of a normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Provision of proper care to the mother and infant is fundamental to the growth and well

being of the society. An infant requires as much attention and care of the mother as may be

possible. The maternity leave of twelve weeks currently available to working women needs

to be extended to twenty four weeks in order to provide an infant wholesome care and proper

nourishment for his overall growth. The Sixth Pay Commission had recommended for extension

of maternity leave for Central Government women employees upto six months and the same

has been implemented by the Central Government. Further, the World Health Organisation as

well as Union Ministry of Health and Family Welfare have issued guidelines stating inter

alia that a baby needs to be nursed by the mother for a minimum period of

six months.

The Bill, therefore, seeks to amend the Maternity Benefit Act, 1961 with a view to

enhance maternity leave for women employees from twelve weeks to twenty four weeks.

NEW DELHI;

P. KARUNAKARAN

November 7, 2014

_______

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for enhancement of maternity leave for women employees

from twelve weeks to twenty four weeks. The Bill, therefore, if enacted, will involve expenditure

from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of

about rupees five hundred crore will be involved.

No non-recurring expenditure is likely to be involved.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 168 OF 2014

A Bill further to amend the Persons with Disabilities (Equal Opportunities, Protection of

Rights and Full Participation) Act, 1995.

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

1. This Act may be called the Persons with Disabilities (Equal Opportunities, Protection

of Rights and Full Participation) Amendment Act, 2014.

2. In section 26 of the Persons with Disabilities (Equal Opportunities, Protection of

Rights and Full Participation) Act, 1995 (hereinafter referred to as the principal Act), after

sub-section (d), the following sub-section shall be inserted, namely:—

“(e) endeavour to provide free education facilities and reservation of seats in

educational institutions for the children of persons with disabilities.”.

Short title.

Amendment

of section 26.

1 of 1996.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

3. In section 38 of the principal Act, after clause (f), the following clause shall be

inserted, namely:—

“(g) encouraging self-employment among persons with disabilities through

provision of loan at concessional rates of interest and providing land, water, electricity

and other necessities at subsidised rates;”

4. In section 67 of the principal Act, After sub-section (2), the following sub-section

shall be inserted, namely:—

“(3) The appropriate Government shall provide free life insurance to every person

with disability in such manner as may be prescribed.”.

5. After section 68 of the principal Act, the following section shall be inserted, namely:—

“68A. The appropriate Government shall, in such manner as may be prescribed,

endeavour to provide following facilities to the persons with disabilities,—

(i) old age pension of rupees four thousand per month;

(ii) adequate quantity of foodgrains at subsidised rates from Public Distribution

System;

(iii) free healthcare facilities from Government hospitals funded fully or partially

by the Government; and

(iv) encouraging their employment in private enterprises.”

Amendment

of section 38.

Amendment

of section 67.

Insertion of

new section

68A.

Certain

facilities for

people with

disabilities.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The persons with physical disabilities have also an equal right to lead a decent life just

like others. The Government has enacted a special legislation for them and some significant

improvement has been seen so far. But it may be seen that majority of disabled persons still

live under pitiable conditions with no assistance from any source. In the absence of any

monetary source, these persons suffer a lot in their old age. Since they are generally poor,

they are not able to afford education or medical facilities for their family members.

It is, therefore, proposed to provide certain welfare measures for persons with disabilities.

Hence this Bill.

NEW DELHI;

M.K. RAGHAVAN

November 12, 2014

_______

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for free education facilities for children of persons with

disabilities. Clause 4 provides that the appropriate Government shall provide free life insurance

scheme of upto rupees one lakh to any person with disability. Clause 5 provides that the

appropriate Government shall provide free healthcare facilities, oldage pension and essential

commodities at subsidised rates to persons with disabilities. The Bill, therefore, if enacted,

would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring

expenditure of about rupees two thousand crore per annum will be involved.

A non-recurring expenditure of about rupees one thousand crore is also likely to be

involved.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Short title

and

commence-

ment.

BILL NO. 144 OF 2014

A Bill to provide for constitution of a Committee for fixing the prices of drugs and for

matters connected therewith or incidental thereto.

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

1. (1) This Act may be called the Drugs (Price Control) Act, 2014.

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

in the Official Gazette, appoint.

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

(a) "dealer" means a person engaged in the business of purchase or sale of drugs,

whether as a wholesaler or retailer and whether or not in conjunction with any other

business and includes his agent;

(b) "distributor" means a distributor of drugs or his agent and includes a stockist

appointed by a manufacturer or an importer for stocking his drugs for sale to a dealer;

and

Definitions.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(i) all medicines for internal or external use of human beings and all

substances intended to be used for, or in the diagnosis, treatment, mitigation, or

prevention of any disease or disorder in human beings including preparations

applied on human body for the purpose of repelling insects like mosquitoes;

(ii) such substances, intended to affect the structure or any function of the

human body or intended to be used for the destruction of vermin or insects

which cause diseases in human beings; and

(iii) drugs of all systems of medicine like allopathy, homoeopathy, ayurveda,

unani and siddha.

3. (1) There shall be constituted a Committee to be known as the Drugs (Price Control)

Committee (hereinafter referred to as the Committee) to fix the prices of drugs.

(2) The Committee shall consist of—

(i) the Minister of Health and Family

Chairman, ex officio;

Welfare, Government of India

(ii) three representatives of major

members;

hospitals including Government run hospitals

(iii) two representatives of drugs

members;

industry

(iv) two representatives of Indian

members;

system of medicine

(v) Secretary to the Government of

member

India, Ministry of Health and Family

secretary, ex officio.

Welfare.

4. The Committee shall—

(i) fix the prices of drugs after taking into consideration the costs of manufacturing,

storage, packaging, import of formulation and distribution as well as profit of

manufacturer and such other factors as it may deem necessary;

(ii) promote the use of generic drugs; and

(iii) determine the standard of drugs.

5. No person or a manufacturer or a distributor or a dealer shall sell any drug to any

consumer at a price exceeding the price fixed by the Committee.

6. (1) Whoever contravenes the provisions of this Act shall be punished with

imprisonment for a term which may extend to six months and with fine which may extend to

one lakh rupees.

(2) Where an offence under this Act has been committed by a company, the licence of

such company shall be cancelled forthwith.

Explanation.—For the purpose of sub-section (2), "company", means any body

corporate, and includes a firm or other association of individuals.

7. (1) The Central Government may, by notification in the Official Gazette, make rules for

carrying out the purposes of this Act.

(2) Every rule made under this section shall be laid, as soon as may be after it is made,

before each House of Parliament, while it is in session, for a total period of thirty days which

Constitution

of Drugs

(Price

Control)

Committee.

Functions of

the

Committee.

Prohibition

on selling of

drug at a price

exceeding the

price

determined by

the

Committee.

Penalty.

Power to

make rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Prices of drugs and medicines are on the increase. The prices are increased arbitrarily by

manufacturers and traders. People, especially poor people are affected by the exorbitant cost

of drugs. They are not able to afford the medicines. At present there is no check on the prices

of drugs. Medical practitioners with the lure of money and costly gifts from manufacturers

generally prescribe costly medicines which common man cannot afford. They should instead

prescribe generic drugs.

The Bill seeks to constitute a Committee to—

(i) fix the prices of drugs;

(ii) promote the use of generic drugs; and

(iii) determine the standard of drugs.

The Bill seeks to achieve the above objectives.

NEW DELHI;

M.K. RAGHAVAN

November 12, 2014

_______

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for constitution of a Committee to be known as the Drugs

(Price Control) Committee to fix the prices of drugs. The Bill, therefore, if enacted, would

involve expenditure from the Consolidated Fund of India. It is likely to involve a recurring

expenditure of about rupees one hundred crore per annum.

A non-recurring expenditure of about rupees fifty crore is also likely to be involved.

_______

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 7 of the Bill empowers the Central Government to make rules for carrying out the

purposes of the Bill. As the rules will relate to matters of detail only, the delegation of

legislative powers is of a normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 165 OF 2014

A Bill to provide for a comprehensive health insurance scheme for all citizens of the

country and for matters connected therewith.

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

1. (1) This Act may be called the Health Insurance Scheme Act, 2014.

(2) It extends to the whole of India.

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

in the Official Gazette, appoint.

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

(a) “appropriate Government” means in case of a State, the Government of that

State and in all other cases, the Central Government;

(b) “beneficiary” means every citizen who has been issued health insurance

card under section 4;

Short title,

extent and

commence-

ment.

Definitions.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

sources does not exceed rupees ten thousands per month;

(d) “prescribed” means prescribed by rules made under the Act; and

(e) “scheme” means Health Insurance Scheme framed under this Act.

3. The Central Government shall formulate and implement a Comprehensive Health

Insurance Scheme for all citizens.

4. (1) The Central Government shall designate an Agency for issuing Health Insurance

Cards to all the citizens.

(2) Every citizen shall be issued a Health Insurance Card by the designated Agency.

(3) The card issued under sub-section (1) shall contain such particulars of the beneficiary

as may be prescribed.

5. Every beneficiary, other than persons living below poverty line, shall be required to

pay such amount of premium towards Health Insurance as may be determined by the Central

Government from time to time.

6. (1) Every beneficiary shall be entitled to health facilities free of cost from all hospitals,

including privately owned hospitals as may be specified by the appropriate Government

from time to time.

(2) The free health facilities shall include:—

(i) consultation;

(ii) outpatient treatment;

(iii) diagnostic and laboratory services;

(iv) indoor treatment; and

(v) medicines.

(3) No beneficiary shall be charged any amount for any health facility mentioned in

sub-section (2) availed of by him in any hospital including privately owned hospitals specified

under sub-section (1) by the appropriate Government.

(4) If any beneficiary intends to avail extra facilities at hospital which are not covered

under sub-section (2), he shall be required to pay for availing of such facilities.

7. (1) The Central Government shall enter into an agreement with all nationalized

Insurance Companies for implementation of the provisions of this Act.

(2) The nationalized Insurance Companies shall enter into agreement with privately

owned hospitals to provide health services to the beneficiaries covered under the Health

Insurance Scheme.

(3) The nationalized Insurance Companies shall make payment to privately owned

hospitals for providing health services to the beneficiaries covered under Health Insurance

Scheme at such rates as may be agreed upon by both the parties.

8. The Central Government shall, by due appropriation made by Parliament by law in

this behalf, provide in each financial year such sums of money to the State Governments and

nationalized Insurance Companies as it thinks necessary for implementation of the provisions

of this Act.

9. If any beneficiary intends to surrender his Health Insurance Card issued under

section 4, he shall inform in writing to such Authority as may be designated for the purpose

by the appropriate Government.

Formulation

and imple-

mentation of

comprehen-

sive Health

Insurance

Scheme.

Premium for

Health

Insurance.

Provision of

free health

facilities.

Agreement

with National-

ized Insurance

Companies

and private

hospitals.

Release of

funds.

Surrender of

Health Card.

Health

Insurance Card

to be issued to

all the

citizens.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

10. (1) Any nationalized Insurance Company which has entered into an agreement

with private hospital under section 7, may either itself or through an agency designated in

that behalf inspect privately owned hospitals from time to time to ensure that provisions of

this Act are complied with.

(2) If any private hospital does not comply with the provisions of this Act, the hospital

shall be liable to pay such compensation as may be prescribed in the agreement under

section 7.

11. (1) The Central Government may, by notification in the Official Gazette, make rules

for carrying out the purposes of this Act.

(2) Every rule under this Act shall be laid, as soon as may be after it is made, before

each House of Parliament, 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 be made, the rule shall thereafter have effect only in such modified form or be of no

effect, as the case may be; so, however, that any such modification or annulment shall be

without prejudice to the validity of anything previously done under that rule.

Inspection of

hospitals.

Power to

make rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Proper healthcare facilities at reasonable cost is not available to the majority of citizens

in our country. Poor people are not in a position to afford hefty cost of treatment particularly

at private hospitals. With scarce resources, the State Governments are also not able to

provide healthcare facilities free of cost or at reasonable cost to all the citizens. The cost of

medical treatment including medicines is not within the reach of common man. For treatment

of critical illness, a lot of money is required. Poor people are left to die for want of money to

meet their medical expenditure every year. Therefore, it is proposed to provide free health-

care facilities for all diseases to all citizens. Since Government hospitals are not adequately

equipped to provide healthcare facilities to all the citizens, private hospitals are also proposed

to be roped in to provide healthcare facilities to them.

Citizens who opt to meet the expenditure of medical treatment from their own resources

may be excluded from the purview of the Act, if they make such a request to the designated

Agency of appropriate Government under this Act.

The Bill seeks to achieve the above objectives.

NEW DELHI;

M. K. RAGHAVAN

November 12, 2014

_______

FINANCIAL MEMORANDUM

Clause 3 provides for formulation and implementation of a Comprehensive Health

Insurance Scheme by the Central Government. Clause 4 provides for Health Insurance Card

to be issued to all the citizens. Clause 6 provides for certain health facilities free of cost.

Clause 8 provides for supply of funds to the State Governments and Nationalised Insurance

Companies by the Central Government. The Bill, therefore if enacted, would involve

expenditure from the Consolidated Fund of India. It is estimated that an annual recurring

expenditure to the tune of rupees fifty thousand crore is likely to be involved.

A non-recurring expenditure of about rupees fifty thousand crore is also likely to be

involved.

_______

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 11 of the Bill empowers the Central Government to make rules for carrying out

the purposes of this Bill. As the rules will relate to matters of detail only, the delegation of

legislative power is of a normal character.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

(a) “Academic Council" means the Academic Council of the University;

(b) “Board” means the Board of Management of the University;

(d) "Chancellor" means the Chancellor of the University;

(e) "Faculty" means Faculty of the University;

(f) "University" means the Central Homeopathy University established under

this Act;

(g) "Vice-Chancellor" means the Vice-Chancellor of the University;

(h) "Visitor" means the Visitor of the University; and

3. (1) There shall be established a University by the name of the Central Homeopathy

University.

(2) The headquarter of the University shall be at Kurichy in Kottayam district in the

State of Kerala and it may also establish campuses at such other places within its jurisdiction

as it may deem fit.

(3) The University shall have perpetual succession and a common seal and shall use

and sued by the said name.

4. The objects of the University shall be—

(a) to impart education in homeopathy;

(b) to further the advancement of learning and conducting of research in

homeopathy;

institutions; and

(d) to undertake such other activities as it may, from time to time, determine.

5. The University shall have the following powers, namely:—

(i) to make provisions for instructions in Homeopathy;

(ii) to make provisions for conduct of research in Homeopathy;

(iii) to make provisions for dissemination of the findings of research and technical

information through extension programmes;

(iv) to grant, subject to such conditions as it may determine, diplomas or

certificates to, and confer degrees or other academic distinctions on the basis of

examination, evaluation or any other method of testing, on persons, and to withdraw

any such diplomas, certificates, degrees or other academic distinction for good and

sufficient cause;

(v) to co-operate or collaborate or associate with any other University or authority

or institution of higher learning in such manner and for such purpose as the University

may determine;

(vi) to establish and maintain colleges relating to Homeopathy;

(vii) to establish and maintain such campuses, special centres, specialized

laboratories, libraries, museums or other units for research and institution as are, in its

opinion, necessary for the furtherance of its objects;

Definitions.

Establishment

Central

Homeopathy

University.

Objects of the

University.

Powers of the

University.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(viii) to create teaching, research and extension education posts and to make

appointments thereto;

(ix) to create administrative, ministerial and other posts and to make appointments

thereto;

(x) to institute and award fellowships, scholarships, studentships, medals and

prizes;

(xi) to determine standards of admission to the University which may include

examination, evaluation or any other method of testing;

(xii) to provide and maintain residential accommodation for students and

employees;

(xiii) to supervise the residential accommodation of the students and employees

of the University and to make arrangements for promoting their health and general

welfare;

(xiv) to lay down conditions of service of all categories of employees, including

their code of conduct;

(xv) to regulate and enforce discipline among the students and the employees

and to take such disciplinary measures in this regard as it may deem necessary;

(xvi) to fix, demand and receive such fees and other charges as may be prescribed;

(xvii) to borrow, with the approval of the Central Government on the security of

its property, money for the purpose of the University;

(xviii) to receive benefactions, donations and gifts and to acquire, hold, manage

and dispose of any property, movable or immovable including trust and endowment

properties, for its purposes; and

(xix) to do all such other acts and things as may be necessary, incidental or

conducive to the attainment of all or any of its objects.

6. (1) The jurisdiction and responsibility of the University with respect to teaching,

research and programmes of extension education at the University level, in the field of

Homeopathy, shall extend to whole country.

(2) All colleges, research and experimental stations or other institutions to be established

under the authority of the University shall come in as constituent units under the full

management and control of the officers and authorities and no such units shall be recognised

as affiliated units.

7. The University shall be open to persons of either sex and of whatever caste, creed,

race or class, and it shall not be lawful for the University to adopt or impose on any person,

any test whatsoever of religious belief or profession in order to entitle him to be appointed as

a teacher of the University or to hold any other office therein or be admitted as a student in

the University or to graduate there at or to enjoy or exercise any privilege thereof:

Provided that nothing in this section shall be deemed to prevent the University from

making special provisions for the employment or admission of women, persons with disabilities

or of persons belonging to the weaker sections of the society and, in particular, of the

Scheduled Castes, the Scheduled Tribes and the other socially and educationally backward

classes of citizens.

8. (1) The President of India shall be the Visitor of the University.

(2) The Visitor shall have the right to cause an inspection to be made, by such person

or persons as he may direct, of the University, its buildings, laboratories, libraries, museums,

workshops and equipments, and of any institution or college and also of the examination,

instruction and other work conducted or done by the University, and to cause an inquiry to

Jurisdiction.

University

open to all

classes, castes

and creed.

The Visitor.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

be made in like manner in respect of any matter connected with the administration and

finances of the University.

(3) The Visitor shall, in every case, give notice to the University of his intention to

cause an inspection or inquiry to be made and the University shall, on receipt of such notice,

have the right to make, within thirty days from the date of receipt of the notice or such other

period as the Visitor may determine, such representations to him as it may consider necessary.

(4) After considering the representations, if any, made by the University, the Visitor

may cause to be made such inspection or inquiry as is referred to in sub-section (2).

(5) Where an inspection or inquiry has been caused to be made by the Visitor, the

University shall be entitled to appoint a representative who shall have the right to appear in

person and to be heard on such inspection or inquiry.

(6) The Visitor shall have such other powers as may be prescribed.

9. The following shall be the officers of the University, namely:—

(1) the Chancellor;

(2) the Vice-Chancellor;

(3) the Deans;

(4) the Directors;

(5) the Registrar;

(6) the Comptroller;

(7) the University Librarian; and

(8) such other officers as may be prescribed by the Statutes.

10. (1) The Chancellor shall be appointed by the Visitor in such manner as may be

prescribed.

(2) The Chancellor shall, by virtue of his office, be the Head of the University.

(3) The Chancellor shall, if present, preside at the convocations of the University held

for conferring degrees.

11. (1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be

prescribed.

(2) The Vice-Chancellor shall be the principal executive and academic officer of the

University and shall exercise general supervision and control over the affairs of the University

and give effect to the decisions of all the authorities of the University.

(3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary

on any matter, exercise any power conferred on any authority of the University by or under

this Act and shall report to such authority the action taken by him on such matter:

Provided that if the authority concerned is of opinion that such action ought not to

have been taken, it may refer the matter to the Visitor whose decision thereon shall be final:

Provided further that any person in the service of the University who is aggrieved by

the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal

against such action to the Board within three months from the date on which decision on

such action is communicated to him and thereupon the Board may confirm, modify or reverse

the action taken by the Vice-Chancellor.

(4) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the

University is beyond the powers of the authority conferred by the provisions of this Act or

that any decision taken is not in the interest of the University, may ask the authority concerned

to review its decision within sixty days of such decision and if the authority refuses to review

Officers of the

University.

The Chancellor.

The

Vice-

Chancellor.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

the decision either in whole or in part or no decision is taken by it within the said period of

sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final.

(5) The Vice-Chancellor shall exercise such other powers and perform such other

duties has may be prescribed.

12. Every Dean and every Director shall be appointed in such manner and shall exercise

such powers and perform such duties as may be prescribed.

13. (1) The Registrar shall be appointed in such manner as may be prescribed.

(2) The Registrar shall have the power to enter into agreements, sign documents and

authenticate records on behalf of the University and shall exercise such powers and perform

such duties as may be prescribed.

14. The Comptroller shall be appointed in such manner and shall exercise such powers

and perform such duties as may be prescribed by the Statutes.

15. The manner of appointment and powers and duties of the other officers of the

University shall be such as may be prescribed.

16. The following shall be the authorities of the University, namely:—

(1) the Board of Management;

(2) the Academic Council;

(3) the Research Council;

(4) the Extension Education Council;

(5) the Finance Committee;

(6) the Faculties and Board of Studies; and

(7) such other authorities as may be prescribed by the Statutes.

17. The provisions of the Central Universities Act, 2009 shall, with such exceptions,

adoptions and modifications, as may be considered necessary, apply to the Central

Homoeopathy University Act, 2014.

18. (1) 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 difficulties:

Provided that no such order shall be made under this section after the expiry of three

years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made,

before each House of Parliament.

19. (1) The Central Government may, by notification in the Official Gazette, make rules