A Bill to provide for the constitution of the Child Development Programmes Coordination

Agency in order to ensure smooth functioning of child development programmes

and achievement of targets for such programmes within a set time frame

and for matters connected therewith and incidental thereto.

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

1. (1) This Act may be called the Child Development Programmes Coordination Agency

Act, 2015.

(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) "Agency" means the Child Development Programmes Coordination Agency

established under section 4 of the Act.

(b) "Child Development Programmes" means the programmes being run by the

Ministry of Women and Child Development of the Central Government with an object

of child development in the country;

Short title,

extent and

commencement.

Definitions.

BILL NO. IV OF 2015

RAJYA SABHA

————

The following Bills were introduced in the Rajya Sabha on the 18th December, 2015:—

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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—

Coordination

of Child

Development

Programmes.

(d) "Supreme Departmental Authority" means the Secretary of the

Department of Women and Child Development of the Central Government;

(e) "top official" means the head of the Child Development Programmes

being run by the Central Government.

3. An Agency shall be established to bring coordination among child development

programmes run by the Central Government with an objective to ensure that the child

development programmes are run smoothly and the targets are achieved within the set

time frame.

4. (1) The Central Government shall by notification in the Official Gazette establish

an agency for the purpose of this Act to be known as the Child Development Programme

Coordination Agency, in such manner as may be prescribed.

(2) The Central Government shall appoint such number of officers and staff for

the efficient functioning of the agency and the terms and conditions of the services of

such persons appointed shall be such as may be prescribed.

(3) The head quarter of the agency shall be at such place as may be prescribed.

5. The agency shall perform the following functions:—

(a) conduct monthly review of child development programmes run by the

Central Government;

(b) hold meetings with the top officials in connection with the quarterly

execution of programme based on the review;

Supreme Departmental Authority; and

(d) such other functions as may be prescribed by the Central Government

from time to time.

6. (1) The Central Government shall by notification in the Official Gazette establish

a fund to be known as "Child Development Programmes Coordination Fund'.

(2) The Central Government shall after due appropriation made by Parliament by

law in this behalf, provide requisite sums to the fund for carrying out the purposes of

this Act.

7. The provisions of this Act shall have effect notwithstanding anything

inconsistent therewith contained in any other law for the time being in force.

8. The Central Government may, by notification in the Official Gazette, make rules

for carrying out the purposes of this Act.

Establishment

of Child

Development

Coordination

Agency.

Functions of

the Agency.

Establishment

of Agency

Fund.

Act to have

overriding effect.

Power to make

rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

It is unfair to think of development of a nation without the development of its

children. Actually, child development is the foundation of national development. The

responsibility of ensuing health care, availability of good nutrition and quality education

to children lies not only with the parents but also with the Government. Presently, a

number of programmes on child development are being run by the Central Government

among which the Integrated Child Development Services (ICDS) Scheme is the primary

one which was started in 1975. Subsequently, many small or big programmes were

introduced. Despite all this Schemes there seems to be a continuous deterioration in

child development scenario in the country, be it the state of health or nutrition or

education. Owing to lack of coordination among various ongoing programmes, the

state of child development in the country continues to be at the lowest level despite

spending hundreds of crores of rupees annually. Therefore, the need to establish a

coordination agency for ensuring smooth functioning of child development programme

and achievement of targets of such programmes within the set time frame is inevitable.

Hence this Bill.

PRABHAT JHA

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. III OF 2015

A Bill to prohibit the publication and dissemination of objectionable material on religion

in any form in the country and for matters connected therewith or incidental

thereto.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Prohibition of Publication and Dissemination

of Objectionable Material on Religion Act, 2015.

(2) It extends to the whole of India.

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

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

(a) "Agency" means as agency for prohibition of publication and

dissemination of objectionable material on religion as established under

section 4 of this Act;

Short title,

extent and

commencement.

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) "Complaint" means an objection registered with the agency by the

Indian citizen or institution;

messages on telephones; radio; television, internet film-strips; movies or videos

along with other means of communication;

(d) "Objectionable Material" means any publication and dissemination of

contents hurting the religious sentiments of any Indian citizen;

(e) "Prescribed" means prescribed by rules framed under this Act.

(f) "Publication" means a book, article, picture, photograph, pamphlet,

advertisement on poster, banner or any other printed document; and

(g) "Religion" means all religions practiced by the citizens of India.

3. Notwithstanding anything contained in any other law for time being in force

the publication and dissemination of objectionable material on all religions in the

country is prohibited herewith, no matter, whether a ‘No Objection Certificate’ has

been obtained from any authority or not.

4. (1) For the purpose of this Act, the Central Government shall establish an

agency, which shall be termed as Agency for Prohibition of Publication and

Dissemination of Objectionable Material on Religion.

(2) Subject to the provision of this Act, this agency shall be set up in such a

manner, as prescribed.

(3) The terms and conditions of service for the persons employed in the

agency shall be as prescribed.

(4) The headquarters of the agency shall be at such place, as may be

prescribed.

5. The agency shall perform the following functions:—

(a) Registration of complaints pertaining to the publication and

advertisement on dissemination of objectionable material on religion; received

from concerned institutions and public; and there redressal;

(b) to Investigate the complaints duly registered;

the basis of the outcome of investigation; and

(d) to derecognise the respective publisher and advertising agency

involved in publication and dissemination of objectionable material on religion.

6. Any person violating the provisions of section 3, shall be punished with an

imprisonment of not less than two years which may extend to five years and with a

penalty of not less than one lakh rupees.

7. The Central Government shall after due appropriation made by law in this

behalf, provide the required funds, from time to time, for carrying out the purposes of

this Act.

8. The provisions of this Act shall have effect notwithstanding anything

inconsistent therewith contained in any other law for the time being inforce.

9. The Central Government may, by notification in the Official Gazette make

rules for carrying out the purposes of this Act.

Prohibition

publication

and

dissemination of

o b j e c t i o n a b l e

material

religions.

Establishment of

an agency for

prohibition

publication and

dissemination of

material

religion.

Functions of the

agency.

Penalty.

Funds to be

provided by

Central

Government.

Act,

have

overriding effect.

Powers to make

rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides for the establishment of Agency for prohibition of

publication and dissemination of objectionable Material on Religion and appointment

of officers and employees in the agency. Clause 7 provides that Central Government

shall provide the funds to said agency after due appropriation. Therefore, the Bill, if

enacted, will involve expenditure from Consolidated Fund of India. It is estimated that

an annual recurring expenditure of about rupees one hundred crores is likely to be

involved from the Consolidated Fund of India. A non-recurring expenditure of rupees

six hundred crores is also likely to be involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 9 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.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

III

BILL NO. LI OF 2015

A Bill to abolish Capital Punishment under the laws in relation to which the powers of the

Union extends.

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

1. (1) This Act may be called the Death Penalty (Abolition) Act, 2015.

(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. No person shall be liable to be punished with death for an offence under any Act

enacted by the Parliament.

Short title,

extant and

commencement.

Abolition of

Death Penalty.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

3. Where by any law referred to in the Schedule (including a provision that

would, but for this Act, have effect by virtue of such a law) it is provided that a person

is liable to be punished with death, the reference to the punishment of death shall be

read, construed and applied as if the penalty of imprisonment for life were substituted

for that punishment.

4. The State Governments shall pass legislations to abolish death penal for

offences under their respective State Acts within six months after the commencement

of this Act.

5. This Act applies in relation to offences referred to in the Acts mentioned in the

Schedule, committed before, on or after the commencement of this Act.

Substitution of

Imprisonment

for Life.

State

Governments

to abolish

death penalty

under their

Acts.

Application of

this Act.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

SCHEDULE

1. The Indian Penal Code, 1860

2. The Explosive Substances Act, 1908

3. The Air Force Act, 1950

4. The Army Act, 1950

5. The Navy Act, 1950

6. The Arms Act, 1950

7. The Geneva Conventions Act, 1960

8. The Petroleum and Minerals Pipeline Act, 1962

9. The Unlawful Activities Prevention Act, 1967

10. The Border Security Force Act, 1968

11. The Defence of India Act, 1971

12. The Coast Guard Act, 1978

13. The Narcotics, Drugs and Psychotropic Substances Act, 1985

14. The Commission of Sati (Prevention) Act, 1987

15. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989

16. The Indo-Tibetan Border Police Force Act, 1992

17. The Maharashtra Control of Organised Crime Act, 1999

18. The Karnataka Control of Organised Crime Act, 2000

19. The Andhra Pradesh Control of Organised Crime Act, 2001

20. The Assam Rifles Act, 2006

21. The Sahashtra Seema Bal Act, 2007

22. The Bombay Prohibition Act (Gujarat Amendment) Act, 2009

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Indian Criminal Laws retain capital punishment for a number of serious

offences. However, death penalty is not only unjust and inhuman but also inconsistent

with the fundamental human rights and the dignity and worth of the human person.

The opposition to the continuation of capital punishment has been existent from

as early as the 1950s. Many of the founding fathers of India were firmly opposed to the

death penalty. The architect of the Constitution, Babasaheb Ambedkar, himself admitted

in the Constituent Assembly that people may not follow non-violence in practice but

‘‘they certainly adhere to the principle of non-violence as a moral mandate which they

ought to observe as far as they possibly can’’. With this in mind, he said, ‘‘the proper

thing for this country to do is to abolish the death sentence altogether’’.

Miscarriage of justice is one of the biggest concerns about death penalty. There

have been and always will be cases of executions of innocent people. No matter how

developed a justice system is, it will always remain susceptible to human failure. Unlike

prison sentences, the death penalty is irreversible and irreparable. The Supreme Court

has itself admitted on several occasions that there is confusion and contradiction in

the application of the death penalty. Last year, 14 eminent retired judges wrote to the

President, pointing out that the Supreme Court had erroneously given the death penalty

to 15 people since 1996, of whom two were hanged. The judges called this ‘‘the gravest

known miscarriage of justice in the history of crime and punishment in independent

India’’.

The death penalty lacks the deterrent effect which is commonly referred to by its

advocates. As recently stated by the General Assembly of the United Nations, ‘‘there

is no conclusive evidence of the deterrent value of the death penalty’’ (UNGA Resolution

65/206). Capital punishment is merely revenge masquerading as justice. When the

Government is trying to create a just society where there is less violence and murder,

it cannot be allowed to commit the same crime against its citizens in the name of justice.

The world is moving away from using the death penalty. The European Union

has made ‘‘abolition of death penalty’’ a prerequisite for membership. In November

2012, the United Nations adopted a resolution to establish a moratorium on executions

and abolition of death penalty for the fourth time. Amnesty International reports that

140 countries have abolished death penalty either in law or in practice. This accounts

for more than two thirds of the countries of the world.

The Law Commission of India, in its 243rd Report, has recommended the abolition

of death penalty in all but two instances—crimes of terrorism and waging war against

the state. However, the Parliament should go one step further and abolish death penalty

once and for all.

The continuation of death penalty is a stain on our society built on the values of

non violence, love and justice. Hence, in this land of Mahatma Gandhi and Gautama

Buddha it is necessary to abolish this barbaric punishment in order to be in consonance

with our own inherent morals and the global trend.

Hence this Bill.

SMT. KANIMOZHI

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. LVII OF 2015

A Bill to provide for proper planning and co-ordinated development of Self-financing

professional educational institutions throughout the country by regulating the

admission of students and prescribing fee structure in such Self-financing

Institution including prevention of commercialisation of professional education

and prohibition of Capitation fees and for matters connected therewith or

incidental thereto.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

WHEREAS it is necessary to provide for proper planning and co-ordinated

development of Self-financing Institutions throughout the country by prohibiting

collection of Capitation fees, preventing commercialisation of professional education,

regulating admission procedure and prescribing fees structure and other matters

incidental thereto;

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Self Financing Professional Educational

Institutions, (Control and Regulation) Act, 2015.

(2) It extents to the whole of India except the state of Jammu and Kashmir.

(3) It shall come into force at once.

(4) It shall apply to all Self-financing Institutions.

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

(a) "advisory body" means a body consisting of parents and teacher's

representatives, student representatives, elected Member of Parliament and

member of Legislative Assembly from the area, President of District Panchayat

and two representatives of the Management;

(b) "capitation fees" means any amount by whatever name called whether

in cash or in kind, paid or collected or received directly or indirectly by the

Management or Governing body or any member of the Management or Governing

Body or staff of any Self Financing Professional Educational Institution, including

his/their relative or any person associated in any manner whatsoever in the

management of the said institution, in addition to the fees prescribed or determined

under section 5 from or in relation to any candidates or student in consideration

of his admission or continuance of any course of study or his promotion to a

higher class in such college or institution under such management;

conducted either by the Government or any other agency wholly controlled by

the Government for admission to the professional educational institution;

(d) "free seat" means any seat in a Self Financing Professional Educational

Institution against which the fee collected shall be the same as that prevailing

for the corresponding course in Government colleges;

(e) "government" means the Central Government or the State Government

or both as the case may be;

(f) "management" means any trust, co-operative society, Company

registered under the Companies Act, 2013 and such other similar association of

persons, under whose control or administration any self financing professional

educational institution is functioning;

(g) 'minority' means a community belonging to religions or miniority as

may be notified by the Government;

(h) 'minority institutions' means private professional educational institute

established and administered by minority and being conferred minority status

by the National Commission for Minority Educational Institutions;

(i) "parents representative" means, a legal guardian of any student elected

by the parent-teachers association of the respective college;

(j) "payment seat" means any seat against which the management is

permitted to collect the fees prescribed under Section 5(1)(b);

(k) "prescribed" means prescribed by this Act or rule made under the Act;

(l) "self-financing institution" includes any College, University, Deemed

University, institution established, administrated or maintained by any Trust,

Co-operative Society, company registered under the Companies Act, 2013 and

Short title,

extent,

commencement

and Application.

Definitions.

18 of 2013.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

such other similar association of persons, affiliated to or recognized by a University

or Government Agency and not receiving any financial assistance from

Government and conducting course in any of the disciplines like Engineering

and Technology, Medicine, Dentistry, Pharmacy, Ayurveda, Homoeopathy,

Siddha, Nursing, Law etc.;

(m) "statutory auditors" a group of auditors appointed by the Government

to audit Self-financing Institution collectively as item of not less than three

auditors;

(n) "student representative" means a student elected by the students of a

Self Financing Professional Educational Institution through direct election.

CHAPTER II

ADMISSION AND FEES IN SELF FINANCING INSTITUTION

3. The provisions of this Chapter shall not apply to Self-financing Institution

established or administered by the minority communities.

4. (1) Notwithstanding anything contained in any law for the time being in force

or in any judgment, decree or order of any court or any other authority or in any

agreement, the admission of students to a Self-financing Institution shall be made only

on the basis of the merit list prepared though a common a entrance examination.

(2) In every self-financing institution seventy-five per cent of the total seats

shall be free seats and the remaining twenty-five percent shall be payment seats.

(3) Free seats shall be filled up on the basis of the rank in the common entrance

examination following the pricinples of reservation as determined by the Government

from time to time, to ensure freeships and scholarship to the candidates hailing from

backward areas and weaker section of society.

(4) Payment seats shall be filled up from the list prepared on the basis of common

entrance examination from among those students, who indicate their preference for

being allotted such seats:

Provided that the management shall ensure inter-se merit among the students

opting for a particular institution, and lower rank holders will be eligible for the seat,

only if the higher rank holder relinquishes his or her claim through a written

communication.

(5) Educational qualification for admission in the Self-financing Institution shall

be such as may be notified by the Government from time to time.

5. (1) Notwithstanding anything contained in any law for the time being in force

or in any judgment, decree or order of any court or any other authority or any committee

or any agreement,—

(a) the fees charged by any Self-financing Institution for free seats shall

be the same as that charged by Government professional institutions for the

corresponding course.

(b) the fees charged for payment seats shall be prescribed by the

Government on the basis of the recommendation of an Expert Committee

constituted in this behalf by the Government;

6. (1) The Government shall constitute an Expert Committee to determine

the free structure for payment seats in the self-financing professional institutions.

(2) the Expert Committee shall consist of:—

(i) a retired judge of the Supreme Court or the High Court, who shall

be the Chairman of the Committee;

(ii) two experts in the relevant field of professional education;

(iii) two representatives of the Government;

Fee Structure.

Applicability.

Procedure for

admission.

Expert

Committee.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(iv) three representatives of the management;

(v) two experts in the field of accountancy, cost audit or management.

(3) (a) The salaries and allowances payable to, and the other terms and conditions

of service of the Chairperson and members of the Expert Committee, shall be such, as

may be prescribed by the Government.

(b) the allowances payable to the Chairperson and members of the Expert

Committee for attending the meetings of the Committee shall be such, as may be

prescribed by the Government.

(4) The fee structure determined by the Expert Committee shall be revised every

five year.

7. The statutory auditors shall audit all the self-financing institutes at least once

in every year and submit their report to the Government.

8. (1) There shall be an Advisory body in every self financing institution.

(2) The Advisory body shall meet at least once in three months and shall have

powers to verify any record and shall advise on policies for ensuring quality of

education.

9. (1) If any management contravenes any of the provisions of this Act, the

Government may temporarily take over the management of the Self Financing

Professional Educational Institution and administer the same in larger public interest:

Provided that such take over and administration shall not exceed five years.

CHAPTER III

SPECIAL PROVISIONS RELATING TO MINORITY SELF FINANCING INSTITUTION

10. The provisions of this Chapter shall apply only to self-financing institution

established or administered by the minority communities;

11. (1) The admission of students to a self-financing institution shall be made

only on the basis of merit.

(2) In every self-financing institution sixty percent of the total seats shall be free

seats and the remaining forty per cent shall be payment seats.

(3) Free seats be filled up on the basis of the rank obtained in the Common

Entrance Examination following the principles of reservation as determined by the

Government from time to time; and also reserve freeships and scholarships to the

candidates hailing from backward areas and weaker sections.

(4) Payment seats shall be filled up from the merit list prepared on the basis of

Common Entrance Examination from among those students who indicate their preference

for being allotted such seats:

Provided that a fixed percentage of the payment seats may be reserved for

the community which establishes or administers the institution as may be

prescribed.

12. Notwithstanding anything contained in any law for the time being in force or

in any judgement, decree or order of any court or any other authority or any other

authority or any committee or any agreement,—

(a) The fees charged by any minority Self-financing Institution for free

seats shall be the same as that charged by Government Professional Institution

for free seats shall be the same as that charged by Government Professional

Institution for the corresponding course.

(b) the fees charged for payments seats shall be prescribed by the

management on the basis of recommendation of an expert committee constituted

in this behalf by the Government.

Auditing.

Advisory

Body.

The powers of

the

Government

to take over.

Applicability.

Procedure for

Admission.

Fee Structure

in Minority

Self Financing

Institution.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

13. (1) The Government shall constitute an expert committee to recommend the

fees structure for payment seats in the minority self-financing institutions.

(2) The expert committee shall consist of—

(i) a retired Judge of the Supreme Court or the High Court who shall be the

Chairman of the Committee;

(ii) two experts in the relevant field of professional education, of which one

may be the nominee of the management;

(iii) one representative of the Government;

(iv) three representatives of the management;

(v) two experts in the field of Accountancy/Cost Audit/Management;

(3) (a) The salaries and allowances payable to, and the other terms and conditions

of service of the Chairperson and members of the Expert Committee, shall be such, as

may be prescribed by the Government.

(b) The allowances payable to the Chairperson and members of the Expert

Committee for attending the meetings of the Committee shall be such, as may be

prescribed by the Central Government.

(4) The fee structure determined by the expert committee shall be revised every five

year.

CHAPTER IV

OFFENCES AND PENALTIES

14. (1) No capitation fee shall be collected by or on behalf of any self-financing

professional college or by any person who is incharge of the affairs of the institution

from any candidate in considering his admission to or continuance in any course of

study under the management.

15. No self financing institution shall collect fees for more than the current

semester at a time.

16. (1) Whoever entravenes the provisions of this Act or the rules made thereunder

shall, be punishable with simple imprisonment upto six month or with fine which may

extend upto fifty lakh rupees but not less than twenty lakh rupees or with both;

(2) A penalty under this sections may be imposed without prejudice to the penalty

specified in any other law for the time being in force.

17. No Court shall take cognizance of any offence punishable under this Act

except upon a written complaint, made by the person or student from whom the capitation

fee is alleged to have been demanded.

18. No suit prosecution or other legal proceedings shall lie against any member

of the advisory body or any officer of the Government for anything which is in good

faith done or intended to be done under this Act.

19. The Central Government may, in public interest, exempt any self-financing

institution from the applicability of this Act.

CHAPTER V

MISCELLANEOUS

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

rules not inconsistent with the provisions of this Act for the purpose of carrying out

Expert

Committee.

Prohibition of

Capitation Fee.

Collection of

Fees.

Cognizance

of offence.

Protection of

action taken

in good faith.

Exemption to

Self-financing

Institutions.

Penalties.

Power to

make rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

the provisions of this Act within three months from the date of commencement of the

Act.

(2) Without prejudice to the generality of the foregoing rule making power, such

rules may provide for all or any of the following matters viz:—

(i) fixation of fee structure;

(ii) procedure to be followed by the expert committee for determining and

fixing fees;

(iii) the matters to be taken into account while fixing fees;

(iv) ensuring that no profiteering is carried on and to reserve freeships and

scholarship to the candidates hailing from backward areas and weaker sections

of the society.

21. The provisions of this Act shall be in addition to, and not in derogation of,

any other law for the time being in force, and nothing contained herein shall exempt

any self financing institution from any proceeding which might, apart from this Act,

have been instituted against it.

Act to be in

addition to any

other Law.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Article 39 of the Constitution of India mandates that the State shall direct its

policy towards securing the ownership and control of the material resources of the

community are so distributed as best to subserve the common good and that the

operation of the economic system does not result in the concentration of wealth and

means of production to the common detriment. The opening up of the professional

education sector and establishment of Self-financing Institutions have resulted in the

need for a comprehensive law regulating various aspects of the establishment and

conduct of such institutions including right to establish and administer educational

institutions of their choise by minorities in the light of principles enunciated and

directions issued by the Supreme Court of India in various decisions especially in the

areas of admission of students and the fee-structure etc. The Supreme Court had

issued the directions invoking its plenary powers under Article 142 which are to remain

in force till appropriate legislation is enacted by the Parliament. The Bill seeks to

achieve the object of regulating the admission of students and fees structure etc. of

Self-financing Institutions, in the light of the principles enshrined in the Constitution

of India especially, Article 39 thereof.

Hence this Bill

K.K. RAGESH

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 6 of the Bill provides for the constitution of an Expert Committee to

determine and fix fee structure in the Self Financing Professional Insitutions. Similarly,

Clause 13 also deals with constitution of an Expert Committee to determine and fix fee

structure in the Self Financing Professional Institutions with reference to the minority-

run educational institutions. The Bill, therefore, if enacted would involve expenditure

from the Consolidated Fund of India. The recurring and non-recurring expenditure on

this count cannot be estimated at this stage, but has to be worked out at later stage by

the appropriate authority while implementing the provisions of the Act.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 20 of Bill gives power to the appropriate Government to make rules for

carrying out the purposes of the Bill. The rules will relate to matters of details only.

The delegation of legislative power is of normal character.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Amendment of

article 324.

Short title and

commencement.

BILL NO. LVIII OF 2015

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2015.

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

notification in the Official Gazette, appoint.

2. In article 324 of the Constitution, for clause (6), the following clause shall be

substituted, namely:—

"(6) The President, or the Governor of a State, shall, when so requested by the

Election Commission, make available to the Election Commission or to a Regional

Commissioner such staff, excluding school teachers, as may be necessary for the

discharge of the functions conferred on the Election Commission by clause (1) ".

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Although holding elections is a sovereign function of the State and is imperative

to upholding the democratic values, the appointment of teachers as election officers

has resulted in absence of teachers from school unfinished courses, poor results and

high dropout rates. Thus, it has contributed to the lowering of the quality of education

of government schools.

Article 21A of the Constitution of India provides that the State shall provide free

and compulsory education to all children of the age of six to fourteen years in such

manner as the State may, by law, determine. Hence, the right to education is now a

fundamental right that is enforceable by law.

Further, section 27 of the Right of children to free and compulsory education

Act, 2009 aims to ensure that the teachers are free from deployment for non-educational

purposes, so as to enable them to spend time on equipping themselves for classroom

related activities.

The Supreme Court, in the 2007 judgment of Election Commission of India v.

St. Mary's School and others observed that teachers should not be assigned the

duties of revision of electoral rolls or other works relating to election duties that would

adversely affect the imparting of education by them. Accordingly, teachers were

supposed to be assigned election duties only on Sundays and other holidays.

Moreover, the Ministry of Human Resourse Development has taken note of the

above-mentioned judgement and called upon the appropriate government and local

bodies to take note of the guidelines laid down by the Supreme Court while appointing

teachers on election duty.

However, these laws and guidelines have failed to ensure that the Election

Commission does not appoint teachers for election duty during school hours. This

has resulted in students losing several days of class study.

Hence this Bill.

TIRUCHI SIVA

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Short title, and

commencement.

Definitions.

BILL NO. LX OF 2015

A Bill to provide for compulsory basic facilities like housing, food, water, medicine and

security to neglected senior citizens, widows and orphans of the country.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Compulsory Basic Facilities for Neglected

Senior Citizens, Widows and Orphans Bill 2015.

(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 the case of a State, the government

of that State and in other cases, the Central Government;

(b) "neglected senior citizen"means such an old man or woman who is

more than sixty years of age and has no facilities for shelter or any relatives to

provide him or her shelter.

without parents or other relatives to take his or her minimum basic care.

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

(e) "widow" means any woman who has not remarried after the death of

her husband and who does not have any facilities for shelter.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

3. The Central Government shall as soon as may be, but within six months of the

commencement of this Act, by notification frame a national policy for protection and welfare

of the neglected senior citizens, widows and orphans.

4. (1) The appropriate Government shall establish residential centres all over the

country for use by the neglected senior citizens, widows and orphan free of cost.

(2) The residential centre shall have the capacity of minimum eighty and maximum

two hundred persons to live there at a time.

(3) Stay arrangement in the residential centre shall be such that for every two orphans

there is one senior citizen and one widow.

5. The appropriate Government shall ensure that—

(a) housing, food, water, medicine, security and the minimum resources

necessary to lead a balanced and healthy life in the Centre is provided.

(b) employment opportunities in the form of domestic production units is set

up in the centre for interested men or women.

6. (1) At each Residential Centre there shall be a Managing Committee to Oversee the

functioning of the residential centre consisting of:

(i) the Chairman of the local bodies,

Chairman

(ii) Secretary, Social welfare department,

Member

(iii) a senior-most senior citizen from the Residential Centre,

-do-

(iv) an oldest widow from the Residential Centre,

-do-

(v) a local eminent social worker nominated by the

-do-

appropriate Government.

(2) The term of the office of the Chairman, Secretary and members of the

Managing Committee and the procedure to be followed in the discharge of the functions of

the Committee shall be such as may be prescribed.

(3) The Residential Centres shall have such members of staff with such terms and

conditions of services as may be prescribed from time to time.

7. (1) The appropriate Government shall set up in each State, the State Monitoring

Board to monitor, supervise and coordinate the Residential Centres operating in each district.

The board shall comprise—

(i) Chairman of the State Women Commission,

Chairman

(ii) Secretary, Social Welfare Department,

Member

(iii) an eminent social activist nominated by the appropriate

Government,

Member.

(2) The term of the office of the Chairman, Secretary and members of the Board and

the procedure to be followed in the discharge of the functioning of the Board shall be such

as may be prescribed.

(3) The Board shall have a secretariat with such officers and staff and with such terms

and conditions of services as may be prescribed from time to time.

8. (1) The appropriate Government shall, after due appropriation made by Parliament

by law in this behalf, provide requisite fund for carrying out the purposes of this Act.

(2) The share of the Centre and the State for financing the operation of the Residential

Centres shall be such as may be prescribed by rules made under this Act.

9. The Central Government may, by notification in the Official Gazette make rules for

carrying out the purposes of this Act.

Framing a

National

policy.

Establishment

of Residential

Centres.

Residential

centres to

have proper

facilities for

the beneficia-

ries.

Management

and Operation

of the

Residential

Centres.

State Monitor-

ing Board.

Central

Government

to provide

Fund.

Power to

make rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

In the last one decade, the old age population in the country has risen by 39.3%.

This segment of population is expected to rise by 45-50% in the coming decades.

Because of the continual nuclearization of families in the society, they have to suffer

from several problems on their own. There are more than a thousand old age homes in

India but they have not been able to yield expected results. In a similar way, there are

also a large number of widows in the country who are not only discriminated in their

family but also in the entire society. In several cases, they are deprived of basic support

and assistance. The necessity today is to create a conducive climate whereby these

widows can live their remaining lives in a productive and happy manner. There is also

a large section of the population of orphan kids who are without any support and who

live a destitute life. Most of these kids are either subjected to child labour or they are

addicted to drugs or are involved in illegal organ trading.

The Bill provides integrated provisions to bring these three disadvantaged

sections of the society under one roof where they can use their mutual cooperating

role. The need of the hour is to bring together these three sections of the society in a

socially conducive manner. Widow women should undertake the role of mother for

orphan children and neglected old citizens should play the role of guardian for both of

them. This should make a family environment for all of them. Through these Centres,

along with basic facilities such as food, shelter and clothing, an opportunity to live a

more dignified life can be given to all these three sections in the society—old age,

widows and destitute children. It is also important that this arrangement should make

their lives happy by mutually interdependent and emotional bonding. In these Centres

the neglected, suffering and deprived classes of our society should be able to live a life

where they should be free from deprivation and many other problems.

The most important reason to establish these Centres is to create a unified

shelter for various needy sections instead of separate orphanage, widow Ashram, old

age home etc. Two distinctive benefits that should arise from such arrangement are

that on one hand there should be a reduction in government spending on infrastructure,

human resources, etc. and on the other hand these disadvantaged groups should have

an opportunity to take care of each other and live a better life with emotional, protective

and mental satisfaction.

Hence this Bill.

VIVEK GUPTA

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides for establishment of the residential centres all over

the country for use of the neglected senior citizens, widow and orphans. Clause 5

provides that appropriate Government shall ensure residential centres to have proper

basic facilities to be beneficiaries. Clause 6 provides for management and operations

of the residential centres by the management committee. Clause 7 provides for

establishment of monitoring board across the country. Clause 8 provides that Central

Government shall provide adequate funds for carrying out the purposes of the Bill.

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

India. It is not possible to quantify the expenditure at this juncture. However, it is

estimated that a sum of rupees one thousand crore may involve as recurring expenditure

per annum.

A non-recurring expenditure of about rupees five hundred crore may also likely

to be involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 9 of the Bill empowers the Central Government to make rules for carrying

out the purposes of the Bill. As the rules relate to matters of details only, the delegation

of legislative powers is of a normal character.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Short title,

extent and

commencement.

Definitions.

VII

BILL NO. LXI OF 2015

A Bill to provide for the empowerment of women to enable them to have equal

participation in the governance of the country by making reservations and such

other provisions in the body polity such as executive, legislative and judiciary

and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Women (Equal Participation in Decision Making)

Act, 2015.

(2) It extends to the whole of India.

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

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

(a) "appropriate government" means in the case of a State, the Government

of that State and in other cases the Central Government;

(b) "Election Commission" means the Election Commission established

under article 324 of the Constitution of India;

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

3. Notwithstanding anything contained in any law for the time being in force the

Election Commission shall, while conducting elections of the office of the President of

India or the Vice-President of India, as the case may be, shall ensure that a woman

candidate is elected to each of these offices for alternate terms in such manner as may

be determined by the Election Commission.

4. The Prime Minister shall ensure that not less than thirty-three per cent of

Ministerial berths in the Union Council of Ministers are filled up from amongst the

women Members of Parliament.

5. (1) Notwithstanding anything contained in the Election Laws or any other law

for the time being in force, the Election Commission shall reserve not less than thirty

three per cent of the total seats each in the Lok Sabha and the Rajya Sabha for women

candidates in such manner as may be prescribed.

(2) The seats so reserved for women under sub-section (1) shall bear, as nearest

as may be, to the total number of seats allotted to a State or Union Territory in

Lok Sabha as the population of women in that State or Union Territory as the case may

be, in respect of which seats are so reserved bears to the total population of the State

or Union territory.

(3) In case of Rajya Sabha provisions of sub-section (1) of section 5 shall apply

only to those States or Union territories which have been allocated more than three

seats under the Fourth Schedule to the Constitution and in respect of those States and

Union Territories which have been allocated one or two seats, the seat for women shall

be earmarked in the following manner:—

(a) where there are two seats one seat shall be reserved for a woman

candidate;

(b) where there is only one seat it shall be filled up by a woman candidate

in alternate terms.

6. Notwithstanding anything contained in the Constitution or in any other law

for the time being in force, the appropriate Government shall reserve not less than

thirty-three per cent of the total strength of Judges in the Supreme Court, all

High Courts and the Subordinate or Lower Courts for women Judges.

7. Notwithstanding anything contained in the Constitution or in any other law

or practice for the time being in force, the President of India shall, while appointing

Governor of a State or Lieutenant Governor or Administrator of a Union Territory, as

the case may be, ensure that a woman is appointed to that office for alternate term in

such manner as may be determined by the President.

8. Notwithstanding anything contained in the Election Laws or any other

law for the time being in force, the Election Commission shall, reserve not less than

thirty-three per cent of the total seats in the Legislature of a State for women in

such manner as may be prescribed.

9. The Chief Minister of a State or Union Territory, as the case may be, shall,

while constituting his Council of Ministers, ensure that forty per cent of the Ministerial

berths are filled up from amongst the women legislators of the State or Union Territory,

as the case may be.

10. The President shall while constituting a Finance Commission or the Niti

Ayog as the case may be, appoint a minimum of two women members excluding the

chairperson of such Commissions in such manner as may be determined by him.

Ministerial

berths for

women in the

Union

Council of

Ministers.

Election of

women to the

office of

President and

Vice-President of

India.

Reservation of

seats for women

in Parliament.

Reservation for

women in

Judiciary.

Appointment of

Women

Governors.

Reservation of

women in State

legislature.

Ministerial

Berths in the

Council of

Ministers of the

States for

Women.

Reservation for

women in

Finance and Niti

Ayog.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Reservation for

women in Public

Service

Commission.

Reservation for

women in the

Election

Commission.

Reservation for

women in

Boards of

various bodies.

Act to have

overriding

effect.

Power to make

rules.

11. The President or Governor of a State shall, while appointing the Chairman or

members of the Union Public Service Commission, or of the State Public Service

Commission, appoint as nearly as may be, one half of the members from amongst the

women in such a manner as may be prescribed.

12. Notwithstanding anything contained in any other law for the time being in

force the President shall appoint the Chief Election Commissioner and other Election

Commissioners in the Election Commission in such manner that there shall always be

one woman Election Commissioner serving in the Election Commission.

13. Notwithstanding anything contained in any other law for the time being in

force, the appropriate Government shall reserve as nearly as may be one half of the

members of the Boards of autonomous bodies including Banks, Universities, Colleges,

Councils, Boards etc. from amongst the women in such manner as may be prescribed.

14. The provisions of this Act and rules made thereunder shall have effect

notwithstanding anything inconsistent therewith contained in any other law for the

time being in force but save as aforesaid the provisions of this Act shall be in addition

to and not in derogation of any other law for the time being in force regulating any of

the matters dealt within this Act.

15. The Central Government may, by notification in the Official Gazette, make

rules for carrying out the purposes of this Act.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Women despite being nearly half of the country's population, still remain socially

neglected and economically dependent on others and are educationally backward and an

exploited lot. Majority of them are confined to their houses looking after their children and

performing household chores. Many of them are still superstitious, orthodox and backward

because literacy among them and more so in rural areas is significantly low. Now only,

women are becoming aware of their multiple role and responsibilities and they have started

playing a vital role in the polity of the nation right from village Panchayat to Parliament.

On the basis of their sheer number, women should have equal participation vis-a-vis

men in the Governance of the nation but the fact is otherwise. Their participation is far from

their potential. Despite being most suitable, no woman has ever occupied the office of

either the Vice-President of India or the Chief Justice of India. Their number in Parliament is

negligible, for example in Lok Sabha it is 66 and in Rajya Sabha 31. The gender profile of

State Legislatures of the country is much like the same or even worse. The issue of reservation

for women in Parliament and State Legislature is hanging for a long time. Most of the

political parties swear for the upliftment of women but at the time of elections they give

tickets mostly to male candidates. Similarly, women are neglected in the formation of the

Council of Ministers at the Union as well as at the State levels. As such the representation

of women is negligible in the Executive as also in the Legislature.

The representation of women in the Judiciary, notably in the Supreme Court and

High Courts, is far from satisfactory, though, best legal brains amongst women are available

in the country. Similarly, the Election Commission and the Public Service Commissions of

the country are yet to get the requisite gender representation. So far fourteen Finance

Commissions have been constituted but women have been completely ignored therein.

Similar is the case in respect of Boards of Directors of various bodies of the Governments,

Public Sector Enterprises and other institutions.

In Government services also, the representation of women is abysmally low as

compared to men. It is below twenty percent and in reserved categories, the representation

of women is negligible.

The most evident factor visible over the growing violence of women seems to be due

to lack of adequate women representation in decision-making bodies to safeguard their

interests. Though their number in the Police service and the Defence forces is constantly

on the rise, earning gallantry awards and bringing laurels to their forces and the nation but

despite all this they still do not have much respite from sexual harassment from within their

forces or otherwise.

However, with the demand of equal participation of women in decision making on the

principle of equality enshrined in the Constitution, a beginning has been made by providing

for reservation for women in local bodies like Village Panchayats, Municipalities, etc. but

that is not enough. They should have equal participation in the governance of the nation

on the basis of their numerical strength.

Hence this Bill.

ANUBHAV MOHANTY

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

VIII

BILL NO. LXII OF 2015

A Bill to provide for abolition of begging and rehabilitation of beggars and for matters

connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Abolition of Begging and Rehabilitation of

Beggars Act, 2015.

(2) It extends to the whole of India.

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

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

(a) ‘‘appropriate Government’’ means in the case of a State, the Government

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

(b) ‘‘beggar’’ means a person who indulges in begging.

of sub-section (4), section 363A of the Indian Penal Code.

Short title,

extent and

commencement.

Definitions.

45 of 1860.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Abolitions of

begging.

Punishment for

forced begging

and sensitization

of public.

Custody and

rehabilitation of

person found

begging.

Beggars' Welfare

Fund.

Formulation of

Schemes for

beggars.

Powers to

make rules.

Laying of

report.

(d) ‘‘fund’’ means Beggars welfare fund established under section 6.

(e) ‘‘prescribed’’ means prescribed by rules made under this Act.

(f) "rescue home or social security institution" means a home established

under this act where any person taken into custody on the ground of begging

shall be kept till the time he is rehabilitated.

3. Begging by any person, irrespective of age and gender, in any manner is

hereby abolished.

4. (1) Any person who forces another person of more than Eighteen years of

age, into begging shall be punishable with imprisonment which shall not be less than

seven years.

(2) Any person who forces a child of any gender, who is less than 18 years of

age, into begging shall be punishable with imprisonment which shall not be less than

ten years.

(3) It shall be the responsibility of the appropriate Government to sensitize the

society about the repercussions of the forced begging and the multiple evil that enjoin

in such anti-social activities threatening the peace and harmony of the society.

5. (1) Any person found begging shall be taken into custody by the Police and

sent to the nearest rescue home or social security institution, to be established in

each District by the appropriate Government, as the case may be, wherein such

person shall be provided with facilities for rehabilitation, in such manner as may be

prescribed.

(2) It shall be the sole responsibility of the in-charge of the rescue home or the

social security institution to ensure that the rescued beggar(s) brought by the Police,

do not leave the rescue home or the social security institutions without the proper

approval or permission of the authorities so empowered under the rules.

6. (1) The Central Government shall constitute a Fund to be called the Beggars

welfare fund for the welfare of beggars.

(2) The fund shall be utilised by the Central Government as and when required

for the welfare and rehabilitation of beggars.

7. (1) The appropriate Government shall formulate dedicated schemes for

schooling of the children so rescued from begging.

(2) It shall be the responsibility of the appropriate Government to ensure that the

rescued children are adequately rehabilitated by providing requisite education and

employment opportunities for their livelihood.

8. (a) The Central Government may, by notification in the Official Gazette, make

rules for carrying out the purposes of the Act.

(b) 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 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 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.

9. The Central Government shall lay a report before both Houses of Parliament

every year on the progress of the implementation of the provisions of this Act.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Even after 68 years of Independence, begging continues to be a formidable

problem facing the country. Ever since, we embarked upon a welfare state, several

social security safeguards have been put in place to rehabilitate the beggars, many of

who are young children. However, increasing incidents of begging across the country

demonstrate a stark failure of the existing social security system, thus necessitating

concerted remedial measures. India's urban centres, especially the metro cities, have

been facing this problem of begging and the organised crime syndicates are using the

beggars and children to promote their sinister designs. In many cases, it has also been

seen that the organs of children begging at the signalled crossings on the roads are

traded by illegal organ traders. Many orphan children have been left out of schools

and they secure their livelihood by begging. This has contributed to India's burden of

illiterates and out of school children. At a time, when the country is being seen as an

important destination for foreign direct investment, international tourists inflow, etc.,

begging at the signalled crossings on the roads portray a negative picture of the

country's profile and reputation as a democracy wedded to the ideals of promoting

humane values. In the 21st century India, begging is a scar which the country can not

afford to keep it at its own peril.

It is, therefore, imperative that legislation should be brought forward to abolish

begging and to provide for adequate rehabilitation of beggars through a robust

mechanism of social security institutions.

Hence the Bill.

ANUBHAV MOHANTY

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 5 of the Bill provides for establishment of rescue homes in each district

by the appropriate Government. Clause 6 provides for setting up of Beggars' Welfare

Fund. Clause 7 provides for formulation of schemes for schooling of children by

appropriate Government so as to enable beggars to take up suitable jobs. The Bill,

therefore, if enacted, would involve expenditure from the Consolidated Fund of India.

It is likely to involve a recurring expenditure of rupess five thousand crore per annum.

A non-recurring expenditure of rupees five hundred crore is also likely to be

involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 8 empowers the Central Government to make rules for carrying out the

provisions of the Bill. Since the rules will relate to matters of details only, the delegation

of legislative power is of normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. XXXIV OF 2015

A Bill to provide for the prevention of human deaths caused by heat stroke during

summer and chilling cold during winter seasons by declaring heatwave and

coldwave as national calamity and for making provisions for advance

preparedness to face these natural calamities immediately on predictions of

meteorological department making provision for providing woollens, setting

up night shelters, community bonfires etc. during winters and for drinking

water, ORS packets, Mango panna, cooling space and shades at conspicuous

places, free ration and other needs for the poor homeless workers and daily

wage earners during summer and for payment of compensation to the kins

of those losing lives in heat or cold wave, as the case may be, by the Central

and the State Governments and for matters connected therewith and

incidental thereto.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Prevention of Deaths Due to Heat and Cold

Waves Act, 2015.

(2) It extends to the whole of India.

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

Short title,

extent and

commencement.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

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

of that State and in other cases the Central Government;

(b) “prescribed” means prescribed by rules made under this Act.

3. The natural calamity of severe heat wave or cold wave in which people lose

their lives are hereby declared respectively to be National calamity and shall be dealt

with by the appropriate Government accordingly.

4. (1) The Central and regional Meteorological centres shall inform the appropriate

Government about prediction detailing the likely occurance of severe heat or cold wave,

as the case may be, in their areas natural calamity with such, in such manner as may be

prescribed.

(2) On receipt of the prediction of the Meteorological Centre under sub-section

(1), the appropriate Government shall alert its Ministries or departments dealing with

agriculture, drinking water, social justice, food and others as it may deem necessary to

be ready with their action plans to face the natural calamity and disaster which may

likely be caused by such natural calamity.

5. (1) The appropriate Government shall set up at conspicuous places within its

territorial jurisdiction:—

(a) night shelters for the homeless people with such amenities and facilities

for the summer, rainy and winter seasons as may be prescribed.

(b) cooling spaces, shades in the fields for the agricultural workers, near

the site of construction for construction workers, near roads and highways for

the workers engaged in construction of roads or highways and at such other

places as the appropriate Government may deem necessary for the daily wage

earners, rickshaw or cart pullers, porters, roadside mechanics etc. with facility

of drinking water, ORS packets, mango panna etc. in such manner as may be

prescribed.

(2) It shall be the duty of the Department of Health of the appropriate Government

to announce and implement guidelines on dealing with cold wave or heat wave patients,

as the case may be, in such manner as may be prescribed.

(3) Notwithstanding anything contained in any other law for the time being in

force agricultural workers, construction workers and workers who work in the open

including porters, cart pullers, rickshaw pullers etc. shall be allowed rest between

12 Noon and 3 PM during summer season in such manner as may be prescribed.

6. (1) The appropriate Government shall prepare within six months of the

commencement of this Act, a long-term action plan in order to increase preparedness,

information sharing and response coordination between various Ministries and

Departments of such Government to reduce the health impacts particularly deaths due

to extreme heat or cold, as the case may be, on vulnerable population with in its

territorial jurisdiction.

(2) While implementing the long-term action plan prepared under sub-section (1)

the apropriate Government shall make use of Short Message service (SMS) e-Mail,

Radio, Television, Mobile apps and services of village Panchayats to alert the people

about extreme heat and cold conditions, as the case may be.

7. Whoever contravenes the provisions of sub-section (3) of section 5 of this

Act shall be punished with imprisonment for one month and also with fine which may

extend to two lakh rupees.

Definitions.

Declaration of

heat wave and

cold wave as

national

calamity.

Meteorological

Centres to

inform the

appropriate

Government

about prediction

of heat or cold

wave.

Setting up of

night shelters,

cooling spaces

and shades etc.

by appropriate

Government.

Long term plan

to prevent

deaths due to

cold and heat

waves.

Penalty.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

8. The appropriate Government shall pay to the nearest kin of the victim of heat

wave or cold wave, as the case may be, who lose his life, a compensation of minimum

of three lakhs rupees in such manner as may be prescribed.

9. The Central Government shall after due appropriation made by Parliament by

law in this behalf, provide adequate funds for carrying out the purposes of this Act.

10. The provisions of this Act and of any rules made thereunder shall have

effect notwithstanding anything inconsistent therewith contained in any other law for

the time being inforce or in any other instrument having effect by virtue of any law

other than this Act.

11. The provisions of this Act shall be in addition to and not in derogation of any

other law for the time being applicable to the subject matter of this Act.

12. The Central Government may, by notification in the Official Gazette, make

rules for carrying out the purposes of this Act.

Compensation to

the kin of the

victims.

Central

Government to

provide funds.

Act to have

overriding effect.

Act to

supplement

other laws.

Power to make

rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Every year our Nation faces extreme weather conditions in the form of heatwave,

rains and coldwave in which many people, particularly the poorer ones lose their

lives. For instance in the heatwave of this year 2015 death toll crossed the 2000 mark

in May itself. This has become the fifth deadliest ever heatwave in the world and the

second deadliest in India according to an International database of disasters. The

deadliest heatwave on record in India was in 1998 which killed 2541 people. The most

lethal heatwave in the globe was the one that crippled Europe in 2003 killing 71,310

people. In the list of top ten deadliest disasters Indian heatwaves figure four times—

1998, 2002, 2003 and 2015. Unsurprisingly, six of the top ten heatwaves in terms of

deaths have occurred in the 21st Century which has also recorded eight of the ten

warmest years ever since records of global temperatures have started being kept. 2014

was tied as the warmest year on record with 1998 whereas the first quarter of 2015 was

declared warmest on record. Unfortunately the poor who are poorly fed and have no

option but to work in the scorching heat and chilling cold to get two square meals are

vulnerable to these extreme weather conditions and lose their lives. The death tolls

from heatwaves are very difficult to estimate since excess heat is typically not listed

as the primary cause of death in cases where the victim has a pre-existing condition

such as heart or lung disease. This means that in most of the cases especially in India

the actual death toll will be much higher in all the listed events including the spell of

heatwave of 2015.

It is only after Prime Minister’s appeal to take precautions against the heatwave

that killed nearly 2300 people in the month of May across the Country particularly in

Telengana, Andhra Pradesh, Odisha and other parts of the Country that the

National Disaster Management Authority (NDMA) has started working on it. There is

need to declare heatwave and coldwave as National calamity. Immediate as well as

long-term action plans to increase preparedness, information sharing through various

means, increasing communication on prevention methods, access to potable drinking

water and cooling space etc. are required to prevent deaths due to heatwave and

availability to rain baseraas, woollens, medicines and food for the poorest of the

poor may prevent deaths during chilling winters. This is the minimum which has to be

done for the poorest of the poor in a welfare State like ours.

Hence this Bill.

RAJ KUMAR DHOOT

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 5 of the Bill provides for miscellaneous provisions for setting up of

night shelters, cooling spaces and shades etc. by the Government. Clause 8 provides

for compensation to the kin of the victims. Clause 9 makes it mandatory for the Central

Government to provide adequate funds for carrying out the purposes of the Bill. The

Bill, if enacted, will involve expenditure from the Consolidated Fund of India. It is

estimated that a sum of rupees ten thousand crore may involve as recurring expenditure

per annum.

A non-recurring expenditure to the tune of rupees twenty-five thousand crore

may also involve for creating assets throughout the Country.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 12 of the Bill empowers the Central Government to make rules for carrying

out the purposes of the Bill. The rules will relate to matters of details only.

The delegation of legislative power is of normal character.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Short title,

extent and

commencement.

BILL NO. XXXV OF 2015

A Bill to provide for faster tracking and reuniting the children who go missing due

to abduction, kidnapping, luring or runaway from their homes and parents,

for creation of Special Cells in Police establishments with specifically trained

personnel to trace missing children, for immediate registration of FIR, for

flashing photograph and details of missing children in television, newspapers

and social media so as to put in place proper mechanism to trace missing

children and reuniting them with their near and dear ones and for matters

connected therewith and incidental thereto.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Missing Children (Faster Tracking and Reuniting)

Act, 2015.

(2) It extends to the whole of India.

(3) It shall come into force at once.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

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

of that State and in other cases the Central Government;

(b) “child” means any human being who is below the age of eighteen

years;

3. (1) Notwithstanding anything contained in any other law for the time being in

force, the appropriate Government shall set up Special Cell in the Ministry or Department,

as the case may be, dealing with children to exclusively deal with missing children and

put in place a proper mechanism to trace missing children;

(2) The appropriate Government shall also set up Special Cells, as per the need,

in its Police establishment with specifically trained personnel from the National Police

Academy or any such other organization specialized in imparting training to personnel

of Police or Paramilitary forces, as the case may be, for tracking the missing children.

4. (1) Notwithstanding anything contained in any other law for the time being in

force,—

(a) It shall be mandatory for every Station House Officer to ensure

that the First Information Report is compulsorily registered immediately on

being informed, either in writing or verbally by anyone, regarding a missing

child and the FIR shall be specific with missing and abducted or kidnapped

child and pass on the FIR to Special Cells set up under section 3 of this Act

in such manner as may be prescribed.

(b) The Special Cell of Police, shall, at the earliest opportunity flash the

photograph and other details of the missing child in all the Television networks

and shall also publish in the newspapers and social media in such manner and

with such details, as may be prescribed.

to trace the missing child so as to reunite him with his near and dear ones;

(d) Non-registration or any willful delay in registration of FIR regarding a

missing children shall be a criminal offence under this Act and the incharge of

the Police Station shall be deemed to have committed the offence.

(2) National Police Academy or any other organization referred to in sub-section

(2) of section 3 shall formulate training module for the Police personnel meant for

Special Cells and if need be academic Centres of Universities or Institutes be roped in

for this purpose for tracking of missing children.

(3) The Special Cell while adopting its own methodology of investigation

in cases of missing children may also identify begging spots, take mobile phone

numbers of beggars and put them on surveillance particularly in areas where

large number of children have gone missing identify the children who are begging

and whether they are controlled by any group or leader and whether they resemble

missing children probe the known clinics where human organs are transplanted,

in such manner as may be prescribed.

(4) The missing children rescued by the Special Cell of the Police shall be reunited

with their parents or guardians, as the case may be, at the earliest opportunity.

5. Any Police Officer of the Special Cell who is investigating case or cases of

missing children shall have the powers,—

(a) with the assistance, if any, as he may deem fit, to inspect any place at

any reasonable time which he considers necessary for carrying out the purposes

of this Act;

(b) to exercise such other powers as may be prescribed.

Definitions.

Appropriate

Government

to set up

Special cells

for missing

children.

Special

provisions

for missing

children.

Power to

search etc.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Penalty.

Welfare

measures.

Central

Government to

provide funds.

Act to have

overriding effect.

Act to

supplement

other laws.

Power to make

rules.

6. The offence committed under clause (d) of sub-section (1) of section 4 of this

Act shall be punishable with imprisonment for one year and also with fine which may

extend to one lakh rupee.

7. The appropriate Government shall formulate rehabilitation and such other

welfare measures for the children covered under this Act who could not be reinvited

with their families or guardian.

8. The Central Government shall after due appropriation made by Parliament by

law in this behalf, provide adequate funds, from time to time, for carrying out the

purposes of this Act.

9. The provisions of this Act and rules made thereunder shall have effect

notwithstanding anything inconsistent therewith contained in any other law for the

time being in force.

10. The provisions of this Act shall be in addition to and not in derogation of any

other law for the time being applicable to the subject matter of this Act.

11. The Central Government may, by notification in the Official Gazette, make

rules for carrying out the purposes of this Act.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

It is very unfortunate and sorry state of affairs that a very large number of

children go missing every day in every nook and corner of the country and it is more

horrifying that the National Capital tops the list where 20 children go missing every

day and most of them remain untraceable forcing their parents for endless wait for their

return and reunion with them. It is more shocking that most of these missing children

belong to poor families and when their parents go to Police Station to lodge an FIR

they are welcomed by indifferent and heartless Police personnel who not only refuse

to lodge FIR but also insult the hapless parents and shoot them away instead of

making efforts to trace the missing child. This negligent nonchalance is one major

reason for the increasing number of missing children across the Country. In fact, in the

present Police scheme of things, rescue of the missing child is of lesser moment.

The very large number of missing children also indicate presence of trafficking

mafias in the country who lure and abduct, the children and force them into begging,

stealing, pickpocketing and other crimes after making them drug addicts. The girl child

is pushed into prostitution. It is also apprehended that the missing children might

being used in illegal organ transplantations.

The Supreme Court of India has taken a serious view over the missing children

and has also given directive to the Government. Though of late Delhi Police have made

move in this regard and Ministry of Woman and Child Development has launched a

webportal but it is not sufficient. The Bill propose to set up special cells in the Ministry

or Department of the Government and in the Police establishment exclusively to deal

with missing children. The Police personnel must get appropriate training for this

purpose. Non filing of FIR is proposed to be made a criminal offence with penal

provision. The task of rescue is very critical for the missing children so that they are

reunited with their near and dear ones.

Hence this Bill.

RAJ KUMAR DHOOT

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 7 of the Bill provides for the welfare measures for the children covered

under this Bill. Clause 8 makes it mandatory for the Central Government to provide

funds for carrying out the purposes of the Bill. The Bill, if enacted, will involve

expenditure from the Consolidated Fund of India. It is not possible to quantify the

expenditure at this stage but it is estimated that a sum of rupee one thousand crore may

involve as recurring expenditure per annum.

Non recurring expenditure of rupee five thousand crore may also involve.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 11 of the Bill gives power to the Central Government to make rules for

carrying out the purposes of the Bill. The rules will relate to matters of details only.

The delegation of legislative power is of normal character.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

attack or rape or gangrape or trafficking and pushing girls and women into prostitution

and such other offences;

AND WHEREAS most of such laws are silent on the rehabilitation of the victims,

huge amounts required for their treatment including several surgeries including cosmetic

surgeries for acid attack victims and the adequate financial assistance to withstand the

trauma and lead a respectable life in the society;

NOW THEREFORE, it has become necessary to provide for the compensation and

rehabilitation of victims of acid attack, sexually abused and trafficked girls and women

by the State.

BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Victims of Acid Attack, Sexually Abused and

Trafficked Girls and Women (Compensation and Rehabilitation) Act, 2015.

(2) It extends to the whole of India.

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

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

(a) "appropriate Government" means in the case of a State, the Government

of that State and in other cases the Central Government;

(b) "fund" means the National Abused and Attacked Girls and Women

Rehabilitation and Welfare Fund established under section 4;

(d) "sexually abused" means where rape or gangrape is committed on a girl

or women, as the case may be;

(e) "trafficking" includes procuring, luring or supplying a girl or women, as

the case may be, for forced domestic work or forcing into prostitution or any

unlawful and immoral purpose;

(f) words and expressions used and not defined in this Act but defined in

the Indian Penal Code, 1860, Code of Criminal Procedure, 1973 or the Immoral

Traffic (Prevention) Act, 1956 shall have the meanings respectively assigned to

them in those Acts.

3. (1) The Central Government shall promote and undertake such measures as it

thinks fit and appropriate and take various other rehabilitation and welfare measures for

the victims of acid attack, sexually abused and trafficked girls and women throughout the

country.

(2) Without prejudice to the generality of the provisions of sub-section (1), the

rehabilitation and welfare measures referred to therein may provide for,—

(a) setting up of one stop crisis centres at conspicuous places in different

parts of the country for extending necessary help and facilities to girls and

women covered under this Act, by the Police and other agencies;

(b) extending all required medical facilities including surgeries of all kinds

irrespective of their numbers for acid attack and rape victims and with all

medicines, bandages, and indoor and outdoor facilities till they are fully cured

and counselling by specialists to the victims;

victim of acid attack or rape covered under this Act;

Definitions.

Short title,

extent and

commencement.

Rehabilitation

and welfare

measures for the

victims of acid

attack, sexually

abused and

trafficked girls

and women.

45 of 1860.

2 of 1974.

104 of 1956.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) rehabilitation measures such as employment in Government or its

organizations through reservation and other means or for making them self

employed, through Vocational training;

(e) such other facilities as may be prescribed;

4. (1) The Central Government shall, as soon as may be, by notification in the

official Gazette, establish a Rehabilitation and Welfare Fund to be called the

National Abused and Attacked Girls and Women Rehabilitation and Welfare Fund for

the purposes of this Act with initial corpus of rupees thirty thousand Crore to be

provided by the Central Government by due appropriation made by law by Parliament

in this behalf and thereafter the Central Government and Governments of the State

shall contribute to the Fund to such extent and in such manner as may be prescribed.

(2) The fund shall also comprise money received from body corporates and

financial institutions of both domestic and international ones, individuals and bodies

through donations etc.

(3) All money received in the fund shall be defrayed for the purposes of this Act

in such manner as may be prescribed.

5. The appropriate Government shall establish and run such number of shelter

homes as it may deem necessary for the girls and women covered under this Act who

may opt for living in such shelter homes and such girls and women shall be lodged in

these shelter homes with necessary facilities of daily life, as may be prescribed.

6. The Central Government shall, after due appropriation made by Parliament by

law in this behalf, from time to time, provide adequate funds to the Governments of

the States and to the Fund, for carrying out the purposes of this Act.

7. 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.

8. The Central Government may give such directions in writing to any State

Government as may appear to it to be necessary for carrying is out execution in the

State any of the provisions of this Act or of any rule made thereunder.

9. The provisions of this Act and rules made thereunder shall have effect

notwithstanding anything inconsistent therewith contained in any other law for the

time being in force.

10. The provisions of this Act, shall be in addition to and not in derogation of

any other law for the time being applicable to girls and women covered under this Act.

11. The Central Government may, be notification in the Official Gazette, make

rules for carrying out the purposes of this Act.

Establishment of

National Abused

and Attacked

Girls and

Women

Rehabilitation

and Welfare

Fund.

Establishment of

shelter homes.

Central

Government to

provide funds

for the purposes

of the Act.

Power to

remove

difficulty.

Power to issue

direction.

Act to have

overriding

effect.

Power to make

rules.

Act to

supplement

other laws.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Of late, it is a matter of serious concern that crimes against girls and women

have increased manifold in our country particularly the cases of rapes and gangrapes

and acid attacks on the girls and women. Two years back, the brutual gangrape and

killing of Nirbhaya had shaken the entire Nation after which the law was amended to

make it more deterrent but despite that hardly any day goes without reports of rapes

and gangrapes being committed in the national capital and rest of the country.

These days the national capital is often referred to as the rape capital. The

victim of rape feels the trauma of being raped throughout her life and unfortunately

most of them do not lead a normal life. The society also blames the rape victims and

they remain unmarried and if rape is committed on a married woman she is normally

disowned by her husband and inlaws. In this backdrop of backlash, many rape victims

take the extreme step of committing suicide which ultimately help the accused. Here

counselling, financial assistance and rehabilitation becomes more important so that

the rape victims become courageous to see the accused behind the bars.

Similarly, cases of acid throwing on girls and women are on the rise. The acid

thrown on a girl or woman many a times kills her but if, she survives that is more

horrifying. Her face is disfigured, loses her eyes and other body parts are severely

burnt. Apart from suffering extreme pain and agony she has to undergo many surgeries,

bandages and medication which require huge money which most of the victims are

unable to bear and they are left to fend for themselves. For these hapless acid attack

victims financial assistance, free medication and cosmetic surgeries and rehabilitation

becomes all the more necessary.

Then, these days girls belonging to poverty stricken families of rural areas and

tribals areas are lured and trafficked to urban areas by showing them dreams of good

life and employment opportunities and are sold to so called Placement agencies who

further sell them to people for household chores and for forced prostitution. Even if,

Police rescue them these unfortunate girls and women also require rehabilitation and

other welfare measures.

This Bill also seeks to set up a National Abused and Attacked Girls and Women

Rehabilitation and Welfare Fund for the victims of acid attack, sexually abused and

trafficked girls and women apart from providing other welfare and rehabilitation

measures.

RAJKUMAR DHOOT

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 3 of the Bill, provides for the rehabilitation and welfare measures for the

girls and women covered under this Bill. Clause 4 of the Bill provides for the

establishment of a Fund with initial corpus of rupees thirty thousand crore by the

Central Government. Clause 6 makes it mandatory for the Central Government to

provide adequate funds for carrying out the purposes of the Bill. The Bill, if enacted,

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

sum of rupees twenty five thousand crore may involve as recurring expenditure per

annum.

A sum of rupees twenty thousand crore may also involve as non recurring

expenditure.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

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

out the purposes of the Bill. The rules will relate to matters of details only.

The delegation of legislative power is of normal character.

————

SHUMSHER K. SHERIFF,

Secretary-General.

PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES

OF PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA.

GMGIPMRND—3873GI(S3)—23-12-2015.