A Bill to provide for certain measures to be undertaken by the Union and the State Governments

for the welfare of mentally retarded children 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 Mentally Retarded Children (Welfare) 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,—

Short title,

extent

and

commencement.

Definitions.

LOK SABHA

————

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

BILL NO. 180 OF 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—

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

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

(ii) "child" means a boy or girl who is below the age of eighteen years;

(iii) "Committee" means the Residential Schools Management Committee

cconstituted under section 6;

(iv) "mentally retarded child" means a child with a condition of arrest or

incomplete development of mind which is specially characterized by sub-normality of

intelligence;

(v) "residential school" means an institution or home which is run privately or

with Government aid for the education and protection of mentally retarded children;

and

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

3. The appropriate Government shall from time to time hold, within its jurisdiction, a

census for collecting all relevant data relating to mentally retarded children.

4. The appropriate Government shall,—

(i) establish residential school for mentally retarded children in every district;

(ii) provide food, adequate care, protection, lodging and boarding, books,

stationery items and uniform free of cost;

(iii) provide job oriented professional education and training for self-employment

to mentally retarded children after they complete their school education according to

their capability; and

(iv) pay subsistence allowance or financial assistance to such mentally retarded

children as are not able to earn livelihood.

5. The appropriate Government shall provide such monthly allowance to the guardian

or caretaker of every mentally retarded child for his livelihood, health care and treatment, as

may be prescribed.

6. (1) The appropriate Government shall set up a local Committee in every district to

be known as the Residential Schools Management Committee to look into issues relating to

admissions and management of residential schools.

(2) The Committee shall consist of—

(a) the District Magistrate who shall be the Chairperson ex-officio; and

(b) not more than five members, of whom at least two members shall be women,

from amongst the persons living in that district and have knowledge in the field of

child welfare to be nominated by the Chairperson.

(3) The appropriate Government shall provide to the Committee such number of officers

and staff as may be necessary for the efficient functioning of the Committee.

7. (1) The appropriate Government shall appoint—

(i) well trained teachers who have experience of teaching mentally retarded

children and of addressing their special needs; and

(ii) such administrative personnel for better management of residential schools

as it may be deem necessary.

Census for

mentally

retarded

children.

Setting up of

residential

schools and

providing

education and

employment to

mentally

retarded

children.

Monthly

allowance to

the guardian or

caretaker of

the mentally

retarded

children.

Residential

Schools

Management

Committee.

Facilities to be

provided in

residential

schools.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) The salaries and allowances payable to and other terms and conditions of service

of the teachers and non-teaching staff of residential schools shall be such as may be prescribed.

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

in this behalf, provide adequate funds to the State Governments for carrying out the purposes

of this Act.

9. The provisions of this Act shall have effect notwithstanding anything inconsistent

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

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

rules for carrying out the purposes of the 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

modification or annulment shall be without prejudice to the validity of anything previously

done under that rule.

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

may be after it is made, before the State legislature.

Central

Government to

provide funds.

Overriding

effect of the

Act.

Power to make

rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The number of mentally retarded children is continuously increasing in the country.

They become mentally and physically dependent due to mental retardation. The families of

mentally retarded children are forced to live in difficulty because of non-availability of

scientific knowledge for the upbringing, care and livelihood of mentally retarded children in

the country. The mentally retarded children and their families bear this torture without any

fault of theirs. The families are forced to bear the unbearable cost of care and health services

for mentally retarded children. Several guardians disown these children considered as burden

on the family and leave them alone on bus stands, railway stations, temples and masjids for

begging. Anti-social elements take advantage of this situation. Several welfare institutions

for the mentally retarded children in the country are facing difficulty in keeping them under

their protection after their having attained eighteen years of age. They need more protection

and support at this point of their age. Therefore, the Governments should come forward for

welfare of mentally retarded children and take care of their life term livelihood. The provisions

of financial assistance to the guardians or caretakers will help them to bring these mentally

retarded children in social mainstream and setting up of residential schools will help in

addressing their special needs. The Government should take sole responsibility of mentally

retarded children and provide protection to them in order to remove their dependence on

social institutions in view of their plight. The provision for affording an opportunity to mentally

retarded children to live with pride is expected to be made by the Government.

Therefore, it is extremely necessary to provide for the welfare measures of mentally

retarded children in the country.

Hence this Bill.

NEW DELHI;

OM PRAKASH YADAV

July 6, 2015.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides that a child census may be conducted to collect all relevant

data of mentally retarded children. Clause 4 provides for setting up of residential schools to

impart education and training to mentally retarded children. Clause 5 provides for monthly

allowance to the guardian/caretakers of the mentally retarded children. Clause 6 provides

for setting up of a Residential School Management Committee in every district. Clause 7

provides for appointment of teachers and non-teaching staff along with all basic facilities in

residential schools. Clause 8 provides for payment of adequate funds to the States for carrying

out the purposes of the Act. 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,

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

sum of rupees six hundred crore will be involved as recurring expenditure per annum from

the Consolidated Fund of India.

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

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 10 of the Bill empowers the appropriate Government to make rules for carrying

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

of legislative power is of a normal character.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 210 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. This Act may be called the Constitution (Amendment) Act, 2015.

2. After article 16 of the Constitution, the following articles shall be inserted, namely:—

“16A. The State shall provide gainful employment to all eligible citizens:

Provided that where any eligible citizen is not provided with employment, he

shall be paid unemployment allowance at such rate, as Parliament may, by law,

determine, till he gets gainful employment.

Short title.

Right to

Employment.

Insertion of

new articles

16A and 6AA.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

There has been a fall in the employment generation in the country due to economic

slowdown throughout the world. The rate of unemployment is also on the rise in agriculture

sector, which forms the foundation of Indian economy. Owing to computerization and

industrialization, there has been industrial growth but employment opportunities have not

grown proportionately. Therefore, Government have to create more jobs in different sectors

of the economy to overcome the problem of unemployment in the country. Citizens should

be provided with suitable opportunities for gainful employment for sustaining their livelihood.

Right to employment should be made a fundamental right of the citizens so that every citizen

can get a job and contribute to the development and progress of the nation. Simultaneously,

Government should come forward to provide succor to old aged, sick and differently abled

citizens by providing subsistence allowance to such citizens so that they can also lead their

lives in a dignified manner. Such persons are equally entitled to avail opportunities for their

overall development.

The Bill, therefore, seeks to amend the Constitution with a view to make right to

employment as a fundamental right by making a provision of —

(i) gainful employment to all eligible citizens;

(ii) unemployment allowance to eligible citizens till the time they are provided with

gainful employment; and

(iii) subsistence allowance to all citizens who cannot be provided with gainful

employment on account of old age, sickness, disablement or any other undeserved want.

Hence this Bill.

NEW DELHI;

OM PRAKASH YADAV

July 6, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 267 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. This Act may be called the Constitution (Amendment) Act, 2015.

2. For article 331 of the Constitution, the following article shall be substituted

namely:—

"331. Notwithstanding anything in article 81, the President may, if he is of opinion

that—

(a) the Anglo-Indian community is not adequately represented in the House

of the People, nominate not more than two members of that community to the

House of the People; and

Short title.

Substitution of

new article for

article 331.

Representation

of the Anglo-

Indian and the

Overseas

Indian

communities

in the House of

the People.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Indian Diaspora is about twenty-two million strong and spread across nearly two

hundred countries. The Indian Diaspora facilitated and promoted invaluable cultural,

economic and political exchanges between India and their country of residence. In this age

of globalization, the tangible and intangible benefits accrued to the country's progress due to

such exchanges cannot be overlooked. The extraordinary success of overseas Indians are

celebrated widely in India and their contributions have been acknowledged by the Government

through Pravasi Bhartiya Samman. In addition to this, Non-Resident Indian's voting rights

were enhanced when the Government accepted the Election Commission's recommendations

for allowing Non-Resident Indians to cast their votes through proxy voting and e-ballots in

polls in India.

India remains the largest recipient of officially recorded remittances from overseas

workers in the world. India received about $70 billion in remittances in 2013 thereby

contributing 3.7 per cent. to the country's GDP. This amount is equivalent to 25 per cent. of

international reserves, 15 per cent. of India's exports, 12 per cent. of imports covered and

surpassed earnings from Information Technology services that amounted to $65 billion.

These remittances promote prosperity and are an effective antidote to combat poverty that is

rampant in our country. Moreover, Non-resident Indians bank deposits were $103.84 billion

for the financial year 2013-14, according to data given by the Reserve Bank of India.

According to the United Nations Fund for Population (UNFPA), despite many positive

contributions made by migrated population to the development of countries of their origin,

it is essential that these non-resident persons are not seen solely as agents of development.

They are human beings and nations of their origin have an obligation to give them their due

rights and protection.

Inspite of the separate ministry dedicated for the welfare of overseas Indians, millions

of emigrants staying abroad are facing problems like poor working conditions, low wages

and human rights abuses in the country of their residence and harassment by authorities for

doing business in India, admission of their children in education institutions and lack of

legal assistance in India.

In order to evolve an inclusive approach as well as commemorating one hundredth

anniversary of Mahatma Gandhi's return to India, representation to overseas Indian community

in the House of the People should be allowed so that myriad problems faced by them in

different parts of the world can be adequately addressed.

The Bill, therefore, seeks to amend the Constitution with a view to provide that the

President shall nominate not more than eight members in the House of the People, from

amongst the persons having special knowledge or practical experience in respect of such

matter as business, science, art, sports and social service, from amongst overseas Indian

community representing South Asia, South East Asia and Asia Pacific, the Middle East,

Central Asia, Africa, Europe, North America and South America.

NEW DELHI;

POONAM MAHAJAN

July 9, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Short title and

commencement.

BILL NO. 326 OF 2015

A Bill further to amend the Andhra Pradesh Reorganisation Act, 2014.

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 Andhra Pradesh Reorganisation (Amendment) Act,

2015.

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

in official Gazette, appoint.

2. In section 26 of the Andhra Pradesh Reorganisation Act, 2014, in sub-section (1),

for the words "Subject to the provisions contained in article 170 of the Constitution", the

words "Notwithstanding anything contained in article 170 of the Constitution" shall be

substituted.

Amendment

of section 26.

6 of 2014.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Undivided Andhra Pradesh had a vast population of around nine crores and the

successor States of Telangana and Andhra Pradesh have populations of approximately

4 and 5 crores, respectively. Section 26 of the Andhra Pradesh Reorganisation Act, 2014

guarantees that this huge population be given enhanced representation through an increase

in the number of Assembly seats from 119 to 153 in the case of the State of Telangana and

from 175 to 225 in the case of the State of Andhra Pradesh, respectively. However, this

increase in Assembly seats cannot take place as Section 26 is "subject to the provisions of

article 170 of the Constitution", which puts a freeze on delimitation of Assembly

constituencies.

This has become a real deterrent to the legitimate rights of the people of the States of

Andhra Pradesh and Telangana who are entitled to an increase in representation in the State

Assemblies. What makes the fulfillment of this promise more imperative is that the Act has

been enacted under the provisions of article 2, 3, and 4 of the Constitution, articles so

powerful that they can amend any part of the Constitution while forming a new State. Article

4(1) specifically mentions changes in representation in the State Legislature: "(1) Any law

referred to in article 2 or article 3 shall contain such provisions for the amendment of the

First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions

of the law and may also contain such supplemental, incidental and consequential provisions

(including provisions as to representation in Parliament and in the Legislatures of the State

or States affected by such law) as parliament may deem necessary.".

Thus, the very purpose of including Section 26 (1) in the Act is to increase the

Assemblies seats in both States. If the provisions of article 170 of the Constitution were to

be followed, then there was no need for inserting section 26 in the Act as States are going to

receive an increased number of Assemblies seats after 2026 in any case. Therefore, it is

highly likely that the drafting error where section 26 begins with the words 'Subject to'

instead of 'Notwithstanding' needs to be corrected.

Hence this Bill.

NEW DELHI;

VINOD KUMAR BOIANAPALLI

July 21, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 325 OF 2015

A Bill further to amend the Andhra Pradesh Reorganisation Act, 2014.

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 Andhra Pradesh Reorganisation (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 section 31 of the Andhra Pradesh Reorganisation Act, 2014, in sub-section (2),

the following proviso shall be added at the end, namely:—

"Provided that the notified order shall be issued within a maximum period of

two years from the coming into force of this Act.".

Amendment of

section 31.

6 of 2014.

Short title and

commencement.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Section 31 of the Andhra Pradesh Reorganisation Act, 2014 clearly states that the

principal seat of the High Court of Andhra Pradesh shall be at such place as the President

may, by notified order, appoint. Thus, all that is necessary for bifurcation of the High Court

of Andhra Pradesh is a notified order, which essentially means a cabinet decision. However,

for some inexplicable reason, this decision has been pending ever since the passage of the

Act in the year 2014. This is a denial of the legitimate right of both the States of Telangana

and Andhra Pradesh to have their own High Courts. In order to expedite this process, the

Bill, therefore, seeks to amend the Andhra Pradesh Reorganisation Act, 2014 with a view to

put a time limit so that the bifurcation is done by April, 2016.

Hence this Bill.

NEW DELHI;

VINOD KUMAR BOIANAPALLI

November 17, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 305 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. For article 130 of the Constitution, the following article shall be substituted,

namely:—

"130. The Supreme Court shall sit in Delhi and, if necessity arises, constitute permanent

Bench or Benches at such other place or places, as the President of India may, with consultation

of the Chief Justice of India, appoint so as to facilitate early disposal of cases.".

Short title and

commencement.

Substitution

of new article

for article

130.

Seat of the

Supreme

Court.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The number of pending court cases in the country has crossed the three crore mark.

Figures on the chronic backlog of court cases are an indictment of the country's beleaguered

legal system. The plight of persons awaiting trail needs to be understood and addressed. The

appellants are already burdened and further have to face the ordeal of travelling thousands

of kilometers to the Supreme Court in Delhi for their trial and the consequent follow up. It is

not just the wastage of time, but also an increased financial burden that makes the process

inconvenient, cumbersome and expensive. It is for this reason the language of article 130

clearly indicates that there was an intention of the founding fathers of the Constitution to

have more than one seat of the Supreme Court.

The need become pronounced and the recommendation that new benches of the

Supreme Court be created was made by the Parliamentary Standing Committee on

Home Affairs in 56th, 61st and 72nd reports, the Committee on Law and Justice in its 2nd,

6th, 15th, 20th, 26th and 28th reports and the Law Commission in its 95th, 125th and 229th

reports. They have asked for the creation of three new "Cassation Benches" of the Court

which would be in the North-Eastern, Western and Southern regions of the country. These

could handle civil and criminal appeals arising out of the orders/judgments of the

High Courts and the main bench in Delhi could focus solely on constitutional matters. This

way the workload would be better divided, case disposal rates would increase and there

would be better geographical access for citizens to the Supreme Court.

It is, however, highly unfortunate that the Full Court of the Supreme Court has

persistently opposed this reform through resolutions in 1999, 2001, 2004, 2006 and 2010.

The most recent opposition was in 2010 when a Full Court of 27 judges headed by the

Chief Justice of India passed a resolution that reiterated the position that dividing the Court

would undermine the country's unitary character and would destabilise the country's integrity.

This is an assertion and not an argument. The Full Court has never explained to the

Government exactly how such a move would undermine the country's unitary character or

destabilise the Supreme Court. It is in fact a fallacious and misleading argument. Creating

new benches will only strengthen the Court's functioning and will in no way weaken it or the

country's integrity.

Unfortunately as the Court has made its opposition to reform absolutely clear, there is

no other alternative but to amend article 130 of the Constitution and give the power to

appoint benches to the President instead of the Chief Justice. This will finally enable this

long-pending demand to be carried out.

Hence this Bill.

NEW DELHI;

VINOD KUMAR BOIANAPALLI

November 17, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 234 OF 2015

A Bill further to amend the Indian Penal Code, 1860.

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 Indian Penal Code (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. For Section 124A of the Indian Penal Code, 1860, the following section shall be

substituted, namely:—

"124A. Whoever, by words, either spoken or written, or by signs, or by visible

representation or otherwise, brings or attempts to bring into hatred or contempt, or

excites or attempts to excite disaffection towards, the Government established by law

in India, shall be punished with imprisonment for life, to which fine may be added, or

Substitution of

new section for

section 124A.

Sedition.

45 of 1860

Short title and

commence-

ment.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Sedition as defined under section 124A of the Indian Penal Code, has been a subject

of great dissatisfaction amongst advocates of unhindered freedom of speech and expression

and critics of the Government.

Sedition, as we know today, was imported from the English legal system and enacted

as an offence in 1870, to suppress any criticism of British policies, in pre-independent India.

It became an instrument to terrorise the natives and implicate nationalist newspapers which

disapproved of British colonialism. Bal Gangadhar Tilak, Annie Besant, Jogendra Chandra

Bose and Mahatma Gandhi were amongst the first prominent figures to be charged with

sedition. In fact, Mahatma Gandhi called it his moral duty to disobey this draconian provision,

for it was enacted by an evil State.

Consequently, the Constituent Assembly decided against the inclusion of sedition as

one of the restrictions to the fundamental right of free speech guaranteed under article 19 of

the Constitution. Pandit Jawaharlal Nehru also vioced his discontent against section 124A

by stating that "the sooner we get rid of it, the better".

However, this colonial legacy continues unchecked, for protecting the sentiments of

successive Governments. It is increasingly being used to harass and intimidate journalists,

human rights activists, artists and political activists, and illustrators, according to the whims

of the members of the State and Central Government and other public institutions.

Even though the Supreme Court has narrowed the scope and applicability of

section 124A, in its landmark judgment in Kedar Nath Singh V/s State of Bihar case, where

it linked sedition to a test of tangible evidence of actual harm, the lower courts and investigating

authorities

have

continually

overlooked

this

interpretation

the

Supreme Court. Section 124A was invoked to harass thousands of village who were peacefully

protesting against the establishment of a nuclear plant in the State of Tamil Nadu, where

over 300 FIRs were registered without any clear evidence of incitement to violence.

Thus, there is an urgent need to amend section 124A of the Indian Penal Code in

compliance with the judgment of the Supreme Court and to prevent the possibility of undue

harassment of citizens who simply disagree with the Government.

It is also increasingly pertinent to do so because the United Kingdom itself has abolished

sedition and seditious libel, labelling it as a repressive law that caused more harm than good.

This Bill seeks to replace section 124A of the Indian Penal Code with a new provision

which will implicate an individual for sedition only when it directly results in the use of

violence or incitement of violence and results in the commission of an offence, which is

punishable with imprisonment for life under the Indian Penal Code, 1860.

The amended provision will promote the freedom of speech and the right to express

dissent against the Government, while ensuring safeguards against the use of words to incite

violence.

Hence this Bill.

NEW DELHI;

SHASHI THAROOR

July 23, 2015.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 334 OF 2015

A Bill to provide for the establishment of an effective system to protect refugees and asylum-

seekers by means of an appropriate legal framework to determine claims

for asylum and to provide for the rights and obligations flowing from such status and

matters connected therewith;

WHEREAS, the Constitution of India requires all persons to be treated in a fair and just

manner consistent with the guarantees of equality, fairness and due process of law;

AND WHEREAS, the Supreme Court and the High Courts in India have extended the

protection of certain fundamental rights to refugees and asylum-seekers;

AND WHEREAS, India has acceded to all major international human rights instruments

and demonstrated its commitment to international law and human rights norms including

the right to seek asylum and the principle of non-refoulement;

AND WHEREAS, India has a long tradition and experience of providing humanitarian

assistance and protection to refugees and asylum-seekers;

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

AND WHEREAS, there is a need to consolidate, streamline and harmonize the varied

practices, policies and standards applicable to refugees and asylum-seekers in India.

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

follows:—

CHAPTER I

PRELIMINARY

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

(2) It extends to the whole of India except the State of Jammu and Kashmir.

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

in the Official Gazette, appoint.

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

(a) ‘‘Appellate Board” means the National Appellate Board of Asylum

established under section 20;

(b) ‘‘applicant” means an asylum-seeker who, after entering the national territory

of India, has filed an application for asylum under this Act;

under section 10;

(d) ‘‘asylum” means refugee status recognized in terms of this Act;

(e) ‘‘asylum-seeker” means a foreigner who after entering the national territory

of India expresses an intention to seek a grant of asylum;

(f) ‘‘Chairperson” means the Chairperson of the Appellate Board appointed under

section 21;

(g) ‘‘Chief Commissioner” means the Chief Commissioner of the Commission

appointed under section 17;

(h) ‘‘child” means any person under the age of 18 years;

(i) ‘‘Commission” means the National Commission for Asylum established under

section 16;

(j) ‘‘Commissioner” means a Commissioner of the Commission appointed under

section 17;

(k) ‘‘country of origin” means the country of nationality of the refugee or asylum-

seeker, or, if he has no nationality, the country of his former ordinary residence;

(l) ‘‘dependant” in relation to an asylum-seeker or a refugee, includes the spouse,

any dependant child, or aged or infirm family member of such asylum-seeker or refugee;

(m) ‘‘foreigner” means a person who is not a citizen of India;

(n) ‘‘hearing” means the proceedings before the Commission or the Appellate

Board, as the case may be, under the terms of this Act;

(o) ‘‘mass influx” means a situation where considerably large numbers of people

from a specific country or geographical area, arrive at, or cross, an international border

of India, and are notified as such under section 30;

(p) ‘‘Member” means a Member of the Appellate Board appointed under

section 21 of this Act;

(q) ‘‘nationality” means the status of a person who is attached to a state by the

tie of allegiance and includes but is not limited to citizenship, membership of an ethnic,

linguistic or racial group.

Short

title,

extent

and

commencement.

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(r) “person” does not includes any company or association or body of individuals,

whether incorporated or not;

(s) “persons with special needs” include unaccompanied children, disabled

persons, aged or infirm persons, pregnant women, single mothers or single fathers

with accompanying child or children or persons who have been subjected to torture,

rape or other serious psychological, physical or sexual violence;

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

(u) “refugee” means an applicant whose application for asylum has been

determined to meet the criteria under section 4 by the Commission or the Appellate

Board, as the case may be, under the terms of this Act or who has been declared to be

a refugee by a notification under section 30.

3. In exercising the powers conferred by this Act, regard shall be had to the following

considerations, namely—

(a) that all foreigners who have faced or are at risk of facing persecution in their

country of origin, and who enter India, whether directly from their country of origin or

indirectly, or who are already persent in India, are entitled to seek asylum;

(b) that care has to be taken to ensure that the principle of non-refoulement

mentioned under section 8 is upheld;

transparent system that must abide at all times with the norms of due process;

(d) that asylum-seekers are entitled to interim legal protection and shall not be

expelled or returned before a final decision on asylum is reached;

(e) that asylum-seekers and refugees are vulnerable persons deserving of basic

social and economic protection;

(f) that the repatriation of a refugee to his country of origin must be conducted in

a safe and dignified manner and only after ensuring that the decision to repatriate is

voluntary and informed; and

(g) that the unity of a refugee's family shall be maintained.

CHAPTER II

PRINCIPLES OF REFUGEE STATUS

4. (1) A person qualifies as a refugee for the purposes of this Act if such person—

(a) is outside his country of origin and is unable or unwilling to return to or avail

himself of the protection of that country because of a well-founded fear of persecution

on account of race, religion, sex, nationality, ethnicity, membership of a particular

social group or political opinion; or

(b) has left his country owing to serious and indiscriminate threats to life, physical

integrity or freedom resulting from generalized violence or events seriously disturbing

public order.

(2) Dependants of a person who qualifies as a refugee under sub-section (1) shall also

be deemed to be refugees.

(3) In the case of a person who has more than one nationality, the term country of

origin shall mean each of the countries of which he has nationality.

5. (1) A person shall be excluded from protection under this Act if—

(a) there are serious reasons for considering that—

(i) he has committed a crime against peace, a war crime or a crime against

Principles of

refugee

protection.

Criteria for

recognition as

a refugee.

Exclusion.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

humanity, as defined in any international legal instrument dealing with any such

crimes which India has acceded to; or

(ii) he has committed a serious non-political crime outside India prior to

his entry into the national territory; or

(iii) he has committed inhuman acts for any reason whatsoever outside of

India; or

(iv) he has instigated, abetted or otherwise participated in committing the

acts mentioned in sub-clauses (i), (ii) or (iii); or

(b) he poses a serious threat to the public order or national security of India

and—

(i) has been convicted of an offence in India which is punishable by a term

of imprisonment of at least 10 years; or

(ii) has committed an act outside India that, if committed in India, would

constitute an offence punishable by a term of imprisonment of at least 10 years;

and obligations of an Indian citizen.

(2) The exclusion of the applicant from protection under this Act shall not require the

exclusion of his dependants where none of the reasons for exclusion applies to them.

6. (1) A person shall cease to be a refugee for the purposes of this Act if—

(a) he can no longer refuse to avail himself of the protection of the country of

his citizenship, because the circumstances in respect to which he was recognised as a

refugee have ceased to exist; or

(b) he voluntarily re-avails himself of the protection of his country of origin; or

(d) he has acquired the citizenship of some other country and enjoys the protection

of that country; or

(e) he has voluntarily re-established himself in the country which he left, or

outside which he remained owing to fear of persecution; or

(f) he has voluntarily regained the citizenship that he had been deprived of; or

(g) he, having been stateless, is able to return to the country of former ordinary

residence as the circumstances in respect to which he was recognised as a refugee no

longer apply.

(2) In the assessment under clauses (a) and (g) of sub-section (1),—

(i) consideration shall be given to whether the circumstances upon which the

status was granted no longer apply or have changed significantly and permanently;

and

(ii) due consideration shall further be given to any compelling reasons presented

by the refugee concerned, arising out of previous persecution, for refusing to return to

his country of origin or his former ordinary residence.

7. (1) A person's status as a refugee may be cancelled for the purposes of this Act if—

(a) he, or a third party acting on his behalf, misrepresented or concealed facts

that were material to the determination of refugee status, with or without fraudulent

intent; or

(b) he is guilty of misconduct, including threats or bribery; or

Cessation.

Cancellation

and

revocation.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) there was misconduct or administrative error at any stage in the hearing,

including the wrongful issuance of relevant documents.

(2) A person's status as a refugee shall be revoked for the purposes of this Act if he

subsequently engages in conduct that falls within the exclusion criteria under section 5.

8. No refugee present within the national territory of India shall be expelled or returned

in any manner whatsoever to any country where his life or freedom would be threatened on

account of his race, religion, sex, nationality, ethnicity, membership of a particular social

group or political opinion.

9. (1) Subject to section 8, a refugee or asylum-seeker may be removed from India

only if—

(a) the concerned authority of the Central Government has certified that the

refugee or asylum-seeker falls within the grounds specified under sub-section (1) of

section 5, or sub-section (1) of section 6 or section 7; or

(b) his application for asylum has been finally denied.

(2) The removal of a person on the grounds specified in sub-section (1) shall be effected

only after such person has been duly informed of the intention of the Central Government to

remove him and given the opportunity to show cause against such removal, within such time

and in such manner as may be prescribed, with regard thereto.

(3) Where an order is made for the removal of a refugee or asylum-seeker from India,

any dependant of such refugee or asylum-seeker, who has not been granted asylum, may be

included in such an order and removed from India:

Provided that before any order for the removal of a dependant is made, such dependant

shall be afforded a reasonable opportunity to make an application for asylum and he either

fails to apply or his application for asylum is finally denied by the Appellate Board.

(4) The Central Government may, by an order in writing, cause any refugee or asylum-

seeker ordered to be removed from India, to be detained pending such removal.

(5) Where an order for removal is made, the concerned refugee or asylum-seeker will

be removed to his country of origin:

Provided that where such refugee or asylum-seeker wishes to be removed to a third

country, he shall be afforded reasonable time to obtain approval from such country, for his

removal to that country.

(6) An order for removal shall be made only by the concerned authority of the Central

Government in writing.

(7) An order for removal shall not be made until the final determination of an application

for asylum under this Act.

CHAPTER III

PROCEDURE TO APPLY FOR ASYLUM

10. (1) Every asylum-seeker shall have the right to make an application for asylum

addressed to the Commission in such manner as may be prescribed.

(2) Where a police officer or any other person exercising powers under the Foreigners

Act, 1946, intercepts a foreigner who is seeking entry into India at any port of entry or

international border and who expresses the intention to make an application for asylum,

such police officer or person shall not deny entry into the national territory to such asylum-

seeker and shall give him the necessary information regarding the procedure for asylum, and

Principle of

Non-

refoulement.

Provisions for

removal from

India.

Application for

asylum.

31 of 1946

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

assist him in making an application for asylum under this Act.

(3) An application for asylum shall be made within sixty days following the asylum-

seeker's entry into India:

Provided that the Commission may extend the period for making an application for

asylum if it is satisfied that the asylum-seeker was prevented for sufficient reasons from

filing the application:

Provided further that the Commission may, after due consideration, admit an application

for asylum after the said period of sixty days, where such application is based on a claim

arising as a consequence of events which have occurred in the asylum-seeker's country of

origin since his departure, or because of a significant intensification of pre-existing factors

since his departure, or because of a change in his personal circumstances:

Provided also that the Commission may, after due consideration, admit a fresh

application for asylum made by the asylum-seeker after the said period of sixty days, where

his previous application for asylum was finally rejected, provided however that such fresh

application for asylum must arise out of change in the asylum-seeker's personal circumstances

or change in the circumstances in his country of origin.

(4) The applicant may apply on behalf of accompanying family members who are not

his dependants but whose applications are on the same grounds, provided a written consent

of the adult family members is attached to the application made on their behalf.

(5) No asylum-seeker shall be detained or subjected to any penalty solely on account

of his illegal entry into, or stay in India, pending the determination of his application for

asylum.

(6) Every applicant shall, upon submitting the application for asylum, be issued a

registration document by the Commission in the prescribed form, valid for six months and

containing identity information of the applicant and, where applicable, the identity information

of his dependants and which shall enable those included in it to stay in India pending the

determination of the application for asylum, and shall be issued without being subject to any

fee:

Provided that where the decision on the application for asylum is not issued before the

expiry of the registration document, the document shall be renewed for a further period of

sixty days at a time, until a decision is issued.

(7) Where the application for asylum is rejected by the Commission, the registration

document shall be renewed for a period of sixty days from the date of such decision:

Provided that where the applicant files an appeal application before the Appellate

Board, the Commission shall renew the registration document as under sub-section (2) of

section 12.

11. (1) The Commission shall examine every application for asylum and, after giving

an opportunity to the applicant to be heard, and after making such further inquiry as is

necessary under this Act, determine whether the applicant is entitled to be recognised as a

refugee in accordance with the principles under this Act.

(2) During the hearing under sub-section (1), the applicant shall be informed of and

provided with the services of a competent interpreter and adequate opportunity to present

evidence in support of his case.

(3) The Commission shall, within three months of the conclusion of the hearing, issue

a decision in accordance with section 14, granting or denying asylum to the applicant.

(4) Where an application for asylum is accepted by the Commission, or where the

appeal application is accepted by the Appellate Board, the Commission shall issue a refugee

certificate containing identity information and indicating the legal status of the refugee and

Commission

to determine

application for

asylum.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

his dependants where applicable and which shall enable those included in it to stay in India

legally.

(5) Where an application for asylum is rejected, the Commission shall issue a rejection

letter containing detailed reasons for the decision.

12. (1) An applicant aggrieved by a decision of the Commission made under this Act,

may, within sixty days from the date of such decision and in such manner and form, as may

be prescribed, prefer an appeal to the Appellate Board:

Provided that the Appellate Board may accept an appeal application after the stipulated

time period if reasonable cause for the delay is shown.

(2) On receipt of an appeal application under sub-section (1), the Appellate Board

shall direct the Commission to renew the registration document issued under sub-section (6)

of section 10 for a period of sixty days at a time, until a final decision is issued.

(3) The appellate Board may, after giving an opportunity to the applicant to be heard,

and after making such further inquiry as is necessary under this Act, confirm, modify or set

aside the decision of the Commission.

(4) During the hearing under sub-section (3), the applicant shall be entitled to all the

rights set out in sub-section (2) of section 11.

(5) The appellate Board shall, within three months of the conclusion of the hearing,

issue a decision in accordance with section 14.

(6) Where an application for asylum is accepted at appeal, the Appellate Board shall

direct the Commission to issue a refugee certificate as under sub-section (4) of section 11.

(7) Where an appeal application is rejected, the Appellate Board shall issue a rejection

letter containing reasons for the decision.

(8) The decision of the Appellate Board shall be final.

13. (1) All hearings by the Commission under section 11 and the Appellate Board

under section 12 shall include an in-person interview with the applicant within ninety days

of the receipt of the application for asylum, with a view to reaching an effective and fair

decision:

Provided that where the applicant is unable to be physically present for the in-person

interview, the Commission or, as the case may be, the Appellate Board, may alternative

arrangements to ensure that the applicant has the opportunity to be heard.

(2) During the asylum interview, the applicant shall be given the opportunity to express

himself in the best possible manner and upon the applicant's request, his lawyer shall be

permitted to attend the interview as an observer.

(3) The entire hearing shall be conducted under such principles of confidentiality as

may prescribed.

(4) Due consideration shall be given to the circumstances of persons with special

needs during the entire hearing.

(5) All asylum hearings shall be recorded in writing.

(6) Where dependants are included in the application for asylum, only those above

thirteen years of age shall be interviewed.

14. (1) All decisions of the Commission and Appellate Board shall contain, in writing,

the reasons for arriving at the decision, and a copy of the same shall furnished to the Applicant.

(2) The decisions, judgements, decrees or orders of the Commission and

Appellate Board shall be published, as prescribed, with due regard to principles of

confidentiality.

Appeal to lie to

the Appellate

Board.

Interview.

Decision to be

reasoned.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

15. (1) The applicant or refugee, as the case may be, shall have the right to seek the

assistance of a legal practitioner of his choice.

(2) Legal assistance shall include legal representation throughout the hearing conducted

by the Commission or the Appellate Board, as the case may be.

CHAPTER IV

CONSTITUTION, FUNCTIONS AND POWERS OF AUTHORITIES

16. (1) With effect from such date as the Central Government may, by notification in

the Official Gazette appoint, there shall be established, for the purposes of this Act, a

Commission to be called the National Commission for Asylum .

(2) The Commission shall be a body corporate by the name aforesaid having perpetual

succession and a common seal with power, subject to the provisions of this Act, to acquire,

hold and dispose of property, both movable and immovable, and to contract, and shall by

the said name, sue or be sued.

(3) The head office of the Commission shall be at New Delhi and the Central

Government may direct that additional offices of the Commission be established in any

other location as may be necessary.

17. (1) The Commission shall consist of a Chief Commissioner, and not less than six

other Commissioners to be appointed by the Central Government.

(2) The Chief Commissioner shall be a person who has been a judge of a High Court

and shall be appointed in consultation with the Chief Justice of India.

(3) The Commissioners shall be appointed by the Central Government in consultation

with the Chief Commissioner and shall be persons of ability, intergrity and standing who

have special knowledge and professional experience of not less than ten years in refugee law

and policy, or not less than ten years of litigation experience in the field of human rights.

18. (1) The Commission shall determine:

(a) applications for asylum, in accordance with the principles under this Act;

(b) cessation of refugee status in accordance with section 6; and

(2) The Commission shall issue documentation in accordance with section 10 and

section 11.

(3) The Commission may also inquire, suo moto or on an application presented to it

either by an asylum-seeker, refugee or by someone acting on their behalf, in respect of the

following—

(a) the detention of an asylum-seeker; or

(b) any conditions or consequent orders to be passed following the determination

of asylum; or

(d) any other order that may be necessary under this Act.

(4) The Commission shall maintain a record of the details, as prescribed, of applicants

who have been granted refugee status under the terms of this Act and shall make the same

periodically available to the Central Government.

(5) The Commission may consult agencies of the United Nations, non-governmental

organizations or experts for the purposes of this Act.

(6) The Commission shall undertake such measures and give such directions or pass

such orders as are necessary for the purpose of discharging its functions under this Act.

Right to legal

representation.

Establishment

of National

Commission

for Asylum.

Composition of

the

Commission.

Functions of

the

Commission.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

19. (1) In the discharge of its functions, the Commission shall be guided by the principles

of natural justice and, subject to the other provisions of this Act and of any rules made by the

Central Government, the Commission shall have the power to regulate its own procedure.

(2) The Chief Commissioner and the Commissioners shall have the power to delegate

to one another such powers or functions as may be prescribed.

(3) In particular and without prejudice to the generality of the foregoing provisions,

the powers of the Commission shall include the power to determine the extent to which

persons interested, or claiming to be interested, in the subject-matter of any proceeding

before it may be allowed to be present or to be heard, either by themselves or by their

representatives, or to examine witnesses, or otherwise take part in the proceedings:

Provided that any such procedure as may be prescribed or followed shall be guided by

the principles of natural justice.

(4) The Commission, for the purposes of any inquiry or for any other purpose under

this Act, shall have the same powers as vested in a civil court under the Code of Civil

Procedure, 1908, while trying suits in respect of the following matters, namely—

(a) summoning and enforcing the attendance of any person from any part of

India and examining him on oath;

(b) the discovery and production of any document or other material object

producible as evidence;

(d) the requisitioning of any public record from any court or office;

(e) the issuing of any commission for the examination of witnesses; and

(f) any other matter which may be prescribed.

(5) The Commission may cause an inquiry to be made into the compliance of its

orders or directions made in the exercise of its powers under this Act, and may impose such

penalties as may be prescribed.

(6) The Commission, with a view to rectifying any mistake apparent from the record,

shall have the power to amend any order or direction passed by it under the provisions of

this Act:

Provided that the Commission shall not, while rectifying any mistake apparent from

the record, amend the substantive part of such order or direction.

(7) The Commission may, appoint such administrative, technical, and other staff as it

may consider necessary.

20. (1) With effect from such date as the Central Government may, by notification in

the Official Gazette appoint, there shall be established, for the purposes of this Act, a body

to be called the National Appellate Board for Asylum.

(2) The Appellate Board shall be a body corporate by the name aforesaid having

perpetual succession and common seal with power, subject to the provisions of this Act, to

acquire, hold and dispose of property, both movable and immovable, and to contract, and

shall, by the said name, sue or be sued.

(3) The office of the Appellate Board shall be at New Delhi or such other location as

directed by the Central Government.

21. (1) The Appellate Board shall consist of a Chairperson, and not less than four

other Members to be appointed by the Central Government.

(2) The Chairperson shall be a person who has been a judge of the Supreme Court and

shall be appointed in consultation with the Chief Justice of India.

Powers of the

Commission.

5 of 1908

Establishment

of the

Appellate

Board.

Composition

of the

Appellate

Board.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) A Member shall be appointed by the Central Government in consultation with the

Chairperson and shall be a person who has been a judge of a High Court, or has had at least

five years of experience as a Commissioner, or has special knowledge of and professional

experience of not less than fifteen years in, refugee law and policy.

22. (1) The Appellate Board may, suo moto or on the presentation of an appeal

application, examine, confirm, modify or set aside any decision, direction, judgment, decree

or order of the Commission.

(2) The Appellate Board may also inquire on an appeal application presented to it

either by an asylum-seeker or by someone acting on his behalf, in respect of any decision or

order given by the Commission under sub-section (3) of section 19.

(3) The Appellate Board shall direct the Commission to issue documentation in

accordance with section 12.

(4) The Appellate Board may consult agencies of the United Nations, non-governmental

organizations or experts for the purposes of this Act.

(5) The Appellate Board shall undertake such measures and give such directions or

pass such orders as are necessary, for the purpose of discharging its functions under this Act.

(6) Subject to the provisions of the Rules, the Appellate Board shall have the power to

review any decision, judgment, decree or order made by it.

23. (1) In the discharge of its functions, the Appellate Board shall be guided by the

principles of natural justice and, subject to the other provisions of this Act and any rules

made by the Central Government, the Appellate Board shall have the power to regulate its

own procedures.

(2) The Chairperson and the Members of the Appellate Board shall have the power to

delegate to one another such powers or functions as may be prescribed.

(3) In particular and without prejudice to the generality of the foregoing provisions,

the powers of the Appellate Board shall include the power to determine the extent to which

persons interested, or claiming to be interested, in the subject-matter of any proceeding

before it may be allowed to be present or to be heard, either by themselves or by their

representatives, or to examine witnesses or otherwise take part in the hearing:

Provided that any such procedure as may be prescribed or followed shall be guided by

the principles of natural justice.

(4) The Appellate Board, for the purposes of any inquiry or for any other purpose

under this Act, shall have the same powers as vested in a civil court under the Code of Civil

Procedure, 1908, while trying suits in respect of the following matters, namely—

(a) summoning and enforcing the attendance of any person from any part of

India and examining him on oath;

(b) the discovery and production of any document or other material object

producible as evidence;

(d) the requisitioning of any public record from any court or office;

(e) the issuing of any commission for the examination of witnesses; and

(f) any other matter which may be prescribed.

(5) The Appellate Board may cause an inquiry to be made into the compliance of its

orders or directions made in the exercise of its powers under the Act and impose such penalties

as prescribed.

(6) The Appellate Board, with a view to rectifying any mistake apparent from the

record, shall have the power to amend any order or direction passed by it under the provisions

of this Act:

Functions of

the Appellate

Board.

5 of 1908

Powers of the

Appellate

Board.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Provided that the Appellate Board shall not, while rectifying any mistake apparent

from the record, amend the substantive part of such order or direction.

(7) The Appellate Board may, appoint such administrative, technical, and other staff

as it may consider necessary.

24. (1) At the time of appointing the Chief Commissioner, Commissioner, Chairperson

or Member, the Central Government shall satisfy itself that such person does not and will

not have any financial or other interest as is likely to affect prejudicially his functions as

such Chief Commissioner, Commissioner, Chairperson or Member.

(2) The Chief Commissioner, Commissioner, Chairperson or Member shall hold office

for a term of five years from the date on which he enters his office and shall eligible for

reappointment for a further term of five years:

Provided that no person shall hold office after he has attained the age of seventy years.

(3) Notwithstanding anything contained in sub-section (2), the Chief Commissioner,

Commissioner, Chairperson or Member may—

(a) by notice in writing under his hand and addressed to the concerned authority

of the Central Government, resign from his office at any time; or

(b) be removed from office in accordance with the provisions of section.

(4) A vacancy caused by the resignation or removal of the Chief Commissioner,

Commissioner, Chairperson or Member under sub-section (3) shall be filled by fresh

appointment.

(5) In the event of a vacancy in the post of the Chief Commissioner or Chairperson,

one of the Commissioners or as the case may be, Members, as the Central Government may

by notification authorize in this behalf, shall act as the Chief Commissioner or Chairperson,

till such date on which a new Chief Commissioner or Chairperson, appointed in accordance

with the provisions of this Act, enters office.

(6) When the Chief Commissioner or Chairperson is unable to discharge his functions

owing to absence, illness or any other cause, such one of the Commissioners or as the case

may be, Members, as the Chief Commissioner or Chairperson may authorize in writing in

this behalf, shall discharge the functions of the Chief Commissioner or Chairperson, till such

date on which the Chief Commissioner or Chairperson resumes his duties.

(7) The salaries and allowances payable to, and the other terms and conditions of

service of, the Chief Commissioner, Commissioner, Chairperson and Member shall be such

as may be prescribed:

Provided that neither the salary and allowances nor the other terms and conditions of

service of the Chief Commissioner, Commissioner, Chairperson or Member shall be varied

to his disadvantage after his appointment.

(8) The Chief Commissioner or Commissioner, upon ceasing to hold such office, shall

not hold any appointment under the Central Government or under any State Government for

a period of two years from the date on which he ceases to hold such office, except where he

is appointed to the Appellate Board, subject to the provisions of this Act.

(9) A Member, upon ceasing to hold such office, shall not hold any appointment under

the Central Government or under any State Government for a period of two years from the

date on which he ceases to hold such office, except where he is appointed Chairperson,

subject to the provisions of this Act.

(10) The Chairperson, upon ceasing to hold such office, shall not hold any further

appointment under the Central Government or under any State Government.

Term of Office,

Conditions of

Service, etc. of

the Chief

Commissioner,

Commissioners

Chairperson

and the

Members.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

25. (1) The Central Government may remove from office a Chief Commissioner,

Commissioner, Chairperson or Member, who—

(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment outside the duties

of his office; or

(d) is of unsound mind and stands so declared by a competent court; or

(e) is convicted for an offence which in the opinion of the Central Government

involves moral turpitude; or

(f) has acquired such financial or other interest as is likely to affect prejudicially

the functions of his office; or

(g) has so abused his position as to render his continuance in office prejudicial

to the public interest.

(2) Notwithstanding anything contained in sub-section (1), neither the Chief

Commissioner or Commissioner, nor the Chairperson or Member shall be removed from

office on the grounds specified in clause (f) or clause (g) of that sub-section unless the

Supreme Court, on a reference being made to it in this behalf by the Central Government,

has, on an inquiry held by it in accordance with such procedure as it may be specified in this

behalf, has reported that the concerned Chief Commissioner, Commissioner, Chairperson or

Member ought, on such grounds, to be removed.

26. (1) The Central Government shall appoint a Secretary to the Commission and a

Secretary (by whatever name called) to the Appellate Board to exercise and perform, under

the control of the Commission or, as the case may be, Appellate Board, such powers and

duties as may be prescribed or as may be specified by the Commission or Appellate Board.

(2) The Secretary to the Commission or the Appellate Board, as the case may be, shall

have the powers of general superintendence, direction and control in respect of all

administrative matters of the Commission or Appellate Board:

Provided that the Secretary to the Commission or the Appellate Board may delegate

such of his powers, as he may think fit, to any other officer of the Commission or the Appellate

Board.

(3) The salaries and allowances payable to, and the conditions of service of, the Secretary

and other officers and employees of the Commission and the Appellate Board shall be such

as may be prescribed.

27. No act or proceeding of the Commission, or, as the case may be, the Appellate Board,

shall be questioned on the ground merely of the existence of any vacancy or defect in the

appointment of the Chief Commissioner, Commissioner, Chairperson or Member, or any

defect in the appointment of a person acting as the Chief Commissioner, Commissioner or

Member.

28. The Chief Commissioner, Commissioners, Chairperson, Members and other

permanent staff of the Commission and the Appellate Board shall be deemed to be public

servants within the meaning of section 21 of the Indian Penal Code, 1860.

29. The Commission and the Appellate Board shall be deemed to be a civil court for

the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973

and every proceeding before the Commission or the Appellate Board shall be deemed to be

a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of

section 196, of the Indian Penal Code, 1860.

Removal of

the Chief

Commissioner,

Chairperson

and Member

from Office.

Secretary,

Officers and

Other

Employees of

Commission or

Appellate

Board.

Vacancies, etc.

not to invalidate

proceedings of

the Commission

and the Appellate

Board.

Chief

Commissioner,

Commissioners,

Chaiperson and

Members to be

Public

Servants.

45 of 1860

Proceedings

before

Commission

or Appellate

Board to be

Judicial

Proceedings.

2 of 1974

45 of 1860

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

CHAPTER V

MASS INFLUX SITUATIONS

30. (1) The Central Government may, by notification in the Official Gazette, declare

such group or category of persons in a mass influx to be refugees as defined under clause (o)

of section 2.

(2) The Persons who have crossed an international border as part of a mass influx but

are not declared to be refugees by a notification of the Central Government under sub-

section (1) shall be allowed to make an application for asylum under section 10 of this Act.

31. (1) The Central Government may cause all mass influx refugees notified under

section 30 to register their names in such form and manner as may be prescribed.

(2) A refugee who has registered his name in accordance with sub-section (1) shall be

issued an identity card in such form and manner as may be prescribed, which shall entitle

him to all of the rights set out in section 36.

32. (1) The Central Government may, by order, impose reasonable restrictions on the

movement or location of mass influx refugees:

Provided that nothing in this sub-section shall impair the right of a refugee to seek and

enter employment outside the designated area in such manner as may be prescribed.

(2) The Central Government may, by order in writing, cause any refugee found violating

the restrictions imposed under sub-section (1) to be detained.

(3) Nothing in this section shall apply to any refugee who has been granted asylum in

India following an application for asylum made under section 10.

33. (1) The Central Government may, by notification in the Official Gazette, extend,

alter, substitute or withdraw a notification concerning mass influx refugees made under

section 30:

Provided that such extension, alteration, substitution or withdrawal shall apply only to

asylum-seekers arriving after the date of notification.

(2) Any action revoking or altering the grant of refugee status to mass influx refugees

shall be reviewed by the Commission.

CHAPTER VI

PROVISIONS RELATED TO VOLUNTARY REPATRIATION

34. (1) Subject to the provisions of this Act, the Central Government may repatriate

refugees to their country of origin.

(2) The Central Government shall carry out any voluntary repatriation activities in

cooperation with international organisations, public institutions and agencies, and civil society

organisations.

(3) A refugee who wishes to be voluntarily repatriated to his country of origin shall

make a written application to the Commission in such form and manner as may be prescribed.

(4) No refugee may be repatriated unless the Commission is satisfied, after conducting

an inquiry, that the written application for repatriation is voluntary and genuine, and that

repatriation to the country of origin is possible in a safe and dignified manner.

(5) Any order of repatriation by the Central Government shall be placed before the

Commission for its information, and for such further orders or directions as may be necessary.

(6) No order of repatriation of the Central Government shall be implemented unless it

has received the approval of the Commission.

Special

provisions with

regard to

movement, etc.

Modification

of a mass

influx

situation.

Provisions for

voluntary

repatriation.

Powers of the

Central

Government

with respect to

mass influx

situations.

Registration of

mass influx

refugees.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

CHAPTER VII

RIGHTS AND DUTIES OF REFUGEES AND ASYLUM-SEEKERS

35. (1) A refugee whose grant of asylum was made in pursuance of an application for

asylum under section 10 shall be entitlted to—

(a) a formal written recognition of asylum, in such form and manner as may be

prescribed under section 11 and section 12 that constitutes an enforceable basis for his

continued residence in India;

(b) an identify document of the nature described in section 37;

(d) apply for a residence permit and other government documents for which he

may be eligible on the strength of the documents specified in clause (a) of this

sub-section;

(e) freedom from discrimination on the basis of race, religion, sex, nationality,

ethnicity, place of birth or any of them;

(f) fair and just treatment in accordance with due process and procedure

established by law;

(g) choose his place of residence and move freely within the territory of India,

subject to any reasonable restrictions that may be imposed in the public interest;

(h) seek and enter employment in the private sector;

(i) the same healthcare rights and services that apply to Indian citizens;

(j) free and compulsory primary education; and

(k) the right to move relevant courts of law by appropriate proceedings for the

enforcement of rights conferred by Part III of the Constitution.

(2) Every refugee and asylum-seeker shall be bound by the laws of India.

36. (1) An asylum-seeker whose application for asylum under section 10 is pending,

or a mas influx refugee notified under section 30 of this Act, shall be entitled to—

(a) a temporary identity document that constitutes an enforceable basis for his

continued presence in India;

(b) seek and enter employment in accordance with government policy;

(d) free and compulsory primary education;

(e) freedom from discrimination on the basis of race, religion, sex, nationality,

ethnicity, place of birth or any of them; and

(f) the right to move relevant courts of law by appropriate proceedings for the

enforcement of rights conferred by this Act and Part III of the Constitution.

(2) The rights and benefits extended to refugees and asylum-seekers shall not be

construed to provide more rights and benefits than those accorded to citizens.

37. (1) All refugees and asylum-seekers shall be entitled to a legally enforceable

document of identity issued by the Central Government which shall mention—

(a) the identity number of the holder, issued in the prescribed manner;

(b) the holder's legal status in India;

where he was born;

Protection and

general rights

of refugees.

Rights of

asylum-seekers

and mass

influx refugees.

Identity and

travel

documents.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) the country of which the holders is a citizen, if any; and

(e) a recent photograph of the holder.

(2) The document of identity shall be valid for a period of five years and may be

renewed for period as may be prescribed.

(3) Such document of identity shall bear the seal of the Government authority that

issues it.

(4) A refugee whose grant of asylum was made in pursuance of an application for

asylum under section 10 shall be entitled to a legally enforceable document authorising his

travel from and to India, subject to such restrictions as may be specified in this regard by the

Central Government.

CHAPTER VIII

TECHNICAL ASSISTANCE

38. The Central Government, the Commission or the Appellate Board, as the case may

be, may seek the good offices of the United Nations or other relevant agencies for its expertise,

technical assistance and guidance in relation to any matter arising under this Act.

CHAPTER IX

FINANCE, AUDIT AND ANNUAL REPORT

39. (1) The Central Government, shall after due appropriation made by Parliament, by

law in this behalf, pay to the Commission and the Appellate Board, by way of grants, such

sums of money as the Central Government may think fit for being utilised for the purposes

of this Act.

(2) The Commission and the Appellate Board may spend such sums as it thinks fit for

performing the functions under this Act, and such sums shall be treated as expenditure payable

out of the grants referred to in sub-section (1).

40. (1) The Commission and the Appellate Board shall maintain proper accounts and

othe relevant records, and prepare an annual statement of accounts, in such form as may be

prescribed by the Central Government in consultation with the Comptroller and Auditor-

General of India.

(2) The Accounts of the Commission and the Appellate Board shall be audited by the

Comptroller and Auditor-General at such intervals as may be specified by him and any

expenditure incurred in connection with such audit shall be payable by the Commission and

the Appellate Board to the Comptroller and Auditor-General.

(3) The Comptroller and Auditor-General or any person appointed by him in connection

with the audit of the accounts of the Commission and the Appellate Board under this Act,

shall have the same rights, privileges, and authority in connection with such audit, as the

Comptroller and Auditor-General generally has in connection with the audit of Central

Government accounts:

Provided further that the Comptroller and Auditor-General shall, in particular, have

the right to demand the production of books, accounts, connected vouchers and other

documents and papers, and to inspect any of the offices of the Commission and the

Appellate Board.

(4) The accounts of the Commission and the Appellate Board, as certified by the

Comptroller and Auditor-General or any other person appointed by him in this behalf, together

with the audit report thereon, shall be forwarded annually to the Central Government by the

Commission and the Appellate Board.

(5) The Central Government shall cause the audit report forwarded under sub-section (4)

to be laid before each House of Parliament as soon as may be after it is received.

Technical

Assistance.

Grants by the

Central

Government.

Accounts and

Audit.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

41. (1) The Commission and the Appellate Board shall prepare, once in every year, in

such form and at such time as may be prescribed, an annual report giving a full account of its

activities during the previous year, copies of which shall be forwarded to the Central

Government.

(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be

after it is received, before each House of Parliament.

CHAPTER X

MISCELLANEOUS

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

rules for carrying out the purposes of the Act.

(2) In particular, and without prejudice to the generality of the foregoing provision,

such rules may provide for—

(a) the procedure for removing a refugee or asylum-seeker from India under

section 9;

(b) the detention of refugees or asylum-seekers;

contained under this Act;

(d) the salaries and allowances and other terms and conditions of service of the

Chief Commissioner, Commissioners, Chairperson, and Members under section 24;

(e) the salaries and allowances and other terms and conditions of service of the

Secretary and other staff for the Commission and Appellate Board under section 26;

(f) the reception and registration of mass influx refugees, and all other matters

connected to the management of such refugees;

(g) the procedure for voluntary repatriation of refugees;

(h) the enforcement of the rights and duties of refugees and asylum seekers; and

(i) the effective implementation of this Act.

(3) 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 of both the Houses agree that the

rule should not be made, the rules 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.

43. The Central Government may by order empower the concerned authorities to assist

and cooperate with the Commission and the Appellate Board for the enforcement of this

Act.

44. On and from the appointed day, no court or authority shall have, or be entitled to

exercise, any jurisdiction, powers or authority in relation to matters specified in this Act,

except the Supreme Court and a High Court exercising powers under articles 32, 226 and

227 of the Constitution.

45. No suit or other legal proceeding shall lie against the Central Government,

State Government, Commission, Appellate Board or any person acting under the direction

either of the Central Government, State Government, Commission or Appellate Board in

respect of anything which is, in good faith, done or intended to be done, in pursuance of this

Act or of any rules or any order made thereunder.

Annual

Report.

Power to make

Rules.

Empowerment

of Concerned

Authorities.

Bar of

Jurisdiction.

Protection of

action taken

in good faith.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The recent refugee crisis in Europe has forced the world to stop and notice the precarious

and inhumane conditions of Syrian refugees. This is a moment for all countries, including

India, to re-examine their current response and preparedness to deal with refugees and

situations of mass movements.

India hosts more than two lakhs refugees and is at the centre of refugee movements in

the South Asian region. India has been a home to refugees from Tibet, Bangladesh,

Sri Lanka, Afghanistan, and Myanmar, as well as to Nepalese fleeing civil war. It had also

hosted the largest ever refugee crisis in human history when ten million fled persecution and

genocide by the Pakistan Army in East Bengal in 1971. Despite this, India is neither a signatory

to the 1951 UN Convention relating to the status of Refugees nor does it have a domestic

asylum framework. However, India's practice has been to adopt a humanitarian approach

towards refugees under the terms of the Universal Declaration of Human Rights (UDHR)

and the International Covenant on Civil and Political Rights (ICCPR). Our country implements

a refugee protection framework which is based on a combined series of executive policies.

The judiciary has also accorded constitutional protection to refugees in its judgment

in National Human Rights Commission vs State of Arunachal Pradesh & Anr. in 1996. The

Supreme Court held that the fundamental right to equality under article 14 and the right to

life and personal liberty under article 21 extends to all foreigners, including refugees. Apart

from protection under the Constitution, refugees also receive support from a body of

complementary law and practice such as the Right to Education Act, 2009 (RTE) and health

services.

The Government of India relies on the Foreigners Act, 1946 and the Registration of

Foreigners Act, 1939 to govern the entry, stay, and exit of all refugees. However, these

legislation treat refugees as foreigners and fail to take into account their special status on

humanitarian grounds or under international law. They are not equipped to support the

country's need to deal with asylum seekers and migration movements.

As a member of the Executive Committee of the United Nations High Commissioner

for Refugee (UNHCR), India is committed to protect refugees and has also offered its

assistance to refugees from Syria, Myanmar, and Afghanistan. Therefore, it has become

increasingly important to enact a structured framework to establish a clear and consistent

regime. The current global crisis clearly demonstrates that the lack of a legal framework

does not so much deter refugees in the face of a crisis as leaves the host country ill-equipped

to deal with the inflow. Even the National Human Rights Commission (NHRC) has under

scored the need for enacting such a domestic legislation. It is important to mention that in

1997 India had drafted a model law on refugees under the guidance of Justice P.N. Bhagwati,

the former Chief Justice of India, but it was not enacted. In addition it is a glaring anomaly

that India is the only significant member of the UN without a refugee law, that too at a time

when it is seeking recognition as a responsible international power through a permanent seat

at the UN.

The proposed Bill seeks to incorporate the current policy on refugees, the principles

of the Constitution, and India's international obligations. The provisions of the Bill provide

clarity and uniformity on the recognition of asylum seekers as refugees and their rights in the

country. It also seeks to end a system of ambiguity and arbitrariness which, too often, results

in injustice to a highly vulnerable populace. The Bill proposes to enable the Government to

manage refugees with more accountability and order, while balancing humanitarian concerns

and security interests of the State.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 16 of the Bill provides for the establishment of the National Commission for

Asylum. Sub-clause 3 provides that the head office of the Commissions shall be at

New Delhi and enables the Commission to establish offices at other places in India.

Clause 17 provides appointment of a Chief Commissioner and six other Commissioners

in the Commission. Clause 19 provides for appointment of administrative, technical and

other staff to the Commission. Clause 20 provides for the establishment of the National

Appellate Board for Asylum.

Clause 21 provides that the Appellate Board shall consist of a Chairperson, and not

less than four other Members to be appointed by the Central Government. Clause 23 provides

for appointment of administrative, technical and other staff to the Appellate Board.

Clause 24 provides that the salaries and allowances payable to the Chief Commissioner,

Commissioners, Chairperson, and Members shall be prescribed by the Central Government.

Clause 26 provides for the appointment of a Secretary to the Commission and a

Secretary to the Appellate Board to exercise the powers of general superintendence, direction

and control in respect of all administrative matters of the Commission or Appellate Board. It

also provides for salaries and allowances payable to the secretary and other officers and

employees of the Commission and the Appellate Board shall be such as may be prescribed

by the Central Government.

Clause 35 provides that same healthcare rights which apply to Indian citizens and

service and free and compulsory primary education shall be provided to the refugee who has

been granted asylum. Clause 36 provides that same healthcare rights and services as applicable

to Indian citizens and free and compulsory primary education shall be provided to asylum-

seekers and mass influx refugees.

Clause 39 provides that the Central Government shall provides grants of sums of

money to the Commission and Appellate Board for carrying out the purposes of this Act.

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

of India. It is estimated that a recurring expenditure of about rupees fifty crore per annum

would be involve from the Consolidated Fund of India.

A non-recurring expenditure of about rupees twenty crore is also likely to involve.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 42 of the Bill empowers the Central Government to make rules for carrying out

the provisions of the Bill. As the rules will relate to matter of detail only, the delegation of

legislative power is of normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 338 OF 2015

A Bill to amend the Clinical Establishments (Registration and Regulation) Act, 2010.

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 Clinical Establishments (Registration and Regulation)

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 the Clinical Establishments (Registration and Regulation) Act, 2010 (hereinafter

referred to as the principal Act), in section 2,—

(i) after clause (d), the following clause shall be inserted, namely:—

"(da) "injured person" means any individual in need of medical

examination and treatment as a result of an emergency medical condition;";

and

Short title and

commencement.

Amendment

of section 2.

23 of 2010.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(ii) after clause (o), the following clause shall be inserted, namely:—

"(p) "transfer" means, with respect to stabilizing an individual, the

movement, including discharge of an injured person from a clinical establishment

at the direction and assistance of any person employed by, or affiliated or

associated, directly or indirectly, with such clinical establishment, but does not

include such a movement of an individual who—

(a) has been declared dead, or

(b) leaves such clinical establishment without the permission

of management of the clinical establishment.".

3. In section 12 of the principal Act, for sub-section (2), the following sub-section

shall be substituted, namely:—

"(2) The clinical establishment shall be required to provide within the staff and

facilities available, without any delay or denial in treatment as a result of any delay in

furnishing medical costs and expenses by any individual requiring treatment, such

immediate medical examination and treatment as it considers necessary in order to

improve the emergency medical condition of any such injured person who comes or is

brought to such clinical establishment:

Provided that where a clinical establishment is unable to provide necessary

medical treatment to an injured person due to non-availability of requisite staff or

facility, such clinical establishment shall provide the best available treatment or

undertake such measures within its capacity which minimizes the risks to the health of

an injured person, in order to stabilize him, before any transfer is issued to the nearest

clinical establishment where such appropriate facilities and staff is available.".

4. After section 40 of the principal Act, the following section shall be inserted,

namely:—

"40A. (1) Notwithstanding any action that may arise under section 32, if any

clinical establishment does not comply with condition for registration prescribed under

section 12, such clinical establishment shall be liable with a fine which may extending

to five lakh rupees.

(2) For the purpose of adjudging under sub-section (1), the authority shall hold

an inquiry in the prescribed manner after giving the person concerned a reasonable

opportunity of being heard for the purpose of imposing any monetary penalty.

(3) While holding an inquiry, the authority shall have the power to summon and

enforce the attendance of any person acquainted with the facts and circumstances of

the case to give evidence or to produce any document which in the opinion of the

authority, may be useful for or relevant to the subject matter of the inquiry and if, on

such inquiry, it is satisfied that the person has failed to comply with the provision

specified in sub-section (1), it may by order impose the monetary penalty specified in

that sub-section to be deposited within thirty days of the order in the account specified

under sub-section (8) of section 42.

(4) While determining the quantum of monetary penalty, the authority shall take

into account the category, size and type of the clinical establishment and local conditions

of the area in which the establishment is situated.

(5) Any person aggrieved by the decision of the authority may prefer an appeal

to the State Council within a period of three months from the date of the said decision.

(6) The manner of filing the appeal referred to in sub-section (5), shall be such

as may be prescribed.".

5. In section 42 of the principal Act, in sub-section (8), for the words and figures

"sections 41 and 42", the words, figures and letters "sections 40A, 41 and 42" shall be

substituted.

Amendment

of section 12.

Insertion of

new section

40A.

Penalty for

non-

compliance of

condition for

registration by

clinical

establishments.

Amendment

of section 42.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

In India, the basic standard of care that is required of healthcare institutions for providing

emergency treatment is alarmingly low.

Injured patients in need of immediate medical treatment are denied life-saving treatment

at the most critical hour due to delay in payment of medical costs and expenses, and what

makes matters worse is the fact that there is not even a standardized protocol for inter-

hospital transfer of such patients.

The unregulated practice of transferring uninsured patients without first providing

them immediate minimum care or basic treatment seriously risks the health and well-being

of helpless citizens.

In view of the above, the Bill seeks to amend the Clinical Establishment (Registration

and Regulation) Act, 2010 with a view to—

(i) define who an injured person is;

(ii) define what constitutes a transfer, while dealing with the stabilization of a

patient;

(iii) raise the standard of care being provided by a clinical establishment, including

the basic requirements for a transfer in any emergency medical condition; and

(iv) provide for punishment for non-compliance of the conditions for registration

by clinical establishments.

Hence this Bill.

NEW DELHI;

A.P. JITHENDER REDDY

November 13, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 348 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. After article 77 of the Constitution, the following article shall be inserted, namely:—

“77 A. (1) The Government of India shall operate with limited authority during

the period commencing from the date of dissolution of the House of the People till the

constitution of a new House of the People.

(2) Without prejudice to the generality of the foregoing provision, the Government

of India, during the period referred to in clause (1), shall not, except for the purpose of

carrying out administration, possess the authority to—

(i) initiate or announce any new policy;

(ii) initiate or announce any new scheme or project;

Short title and

commencement.

Insertion

new

article

77A.

Duties of the

Government

of India

during the

period of

dissolution of

the House of

People until

the

constitution of

a new House

of the People.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(iii) provide grants, allowances, loans and salary increases out of discretionary

funds; and

(iv) hold official functions.”.

3. After article 166 of the Constitution, the following article shall be inserted, namely:—

“166A. (1) The Government of a State shall operate with limited authority during the

period commencing from the date of dissolution of the State Legislative Assembly till the

constitution of a new Legislative Assembly.

(2) Without prejudice to the generality of the foregoing provision, the Government of

a State, during the period referred to in clause (1), shall not, except for the purpose of

carrying out administration, possess the authority to—

(i) initiate or announce any new policy;

(ii) initiate or announce any new scheme or project;

(iii) provide grants, allowances, loans and salary increases out of discretionary

funds; and

(iv) hold official functions.”.

4. After article 327 of the Constitution, the following article shall be inserted, namely:—

“327A. (1) Notwithstanding anything in this Constitution, where the House of the

People or Legislative Assembly of a State, as the case may be, is dissolved at any time

earlier than six months prior to the date of expiration of its term, the subsequent newly

constituted House of the People or the Legislative Assembly of a State shall operate only for

the period remaining in the erstwhile House of the People or the Legislative Assembly of a

State, as the case may be, that had been dissolved and the expiration of this remaining period

shall operate as the dissolution of the newly constituted House of the People or Legislative

Assembly of a State.

(2) The provisions of clause (1) shall not apply where the House of the People or the

Legislative Assembly of a State is dissovled as a result of losing the confidence of the

majority of members of the House of the People or Legislative Assembly of a State, as the

case may be.”.

Insertion of

new article

166A.

Duties of the

Government of

a State during

the period of

dissolution of

the Legislative

Assembly until

the

constitution of

a new

Legislative

Assembly.

Insertion of

new article

327A.

Term of the

Government in

certain

circumstances.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

An incumbent Government has the power to dissolve the Lok Sabha or the State

Legislative Assembly even before the expiration of the normal five years period. With a

view to maximige Support in an election, the incumbent Government generally recommend

the dissolution of the Lok Sabha or a State Legislative Assembly at such a time that is most

suitable for getting re-elected the party in power.

It has been seen in the past that incumbent Governments have prematurely dissolved

the House, like for instance, the Fourth Lok Sabha which was dissolved one year and seventy-

nine days before its normal term expired. Such premature dissolution has also occurred with

Legislative Assemblies of various States as well.

Without setting stricter conditions, such an unregulated procedure for dissolution erodes

the integrity of the democratic process as it lacks adequate safeguards against the manipulation

of executive power. In a democracy, a direct consequence of this power is the tactical

advantage of the party in Government over opposition parties in an election. Another indirect

consequence is the backlog of Government business which is an incalculable loss to the

nation. The United Kingdom had passed the Fixed-term Parliaments Act, 2011, where

Parliament at the outset will have a fixed five-year term, and it created conditions for

dissolution if it is carried out before the expiration of normal five-year term.

There is a need to clearly define the role of the Government with respect to its authority

to recommend dissolution of Lok Sabha or a State Legislative Assembly, and simultaneously

create procedural safeguards against the misuse of executive power by the Government

during such period of dissolution of the House, until a new Lok Sabha or State Legislative

Assembly is constituted.

In view of the above, the Bill seeks to amend the Constitution with a view to—

(1) regulate mid-term dissolutions; and

(2) limit the authority of the Government during the period of dissolution of the House

of the People or a State Legislative Assembly.

Hence this Bill.

NEW DELHI;

A. P. JITHENDER REDDY

November 13, 2015.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 328 OF 2015

A Bill to provide for welfare of transgender persons and for matters connected therewith.

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

1. (1) This Act may be called the Transgender Persons (Welfare) 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) "appropriate Government" means in the case of a State, the Government of that

State and in all other cases, the Central Government;

(b) "Special Court"means a court established under section 6;

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

(e) "transgender person"means a person, whose gender does not match with the gender

assigned to that person at birth notwithstanding his or her genotypical or phenotypical sex.

Short

title,

extent

and

commencement.

Definitions.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

3. (1) The Central Government shall constitute a Fund to be known as the Transgender

Persons Welfare Fund for providing social security to transgender persons.

(2) The Central Government and the State Governments shall contribute to the Fund

in such ratio as may be prescribed.

(3) The Fund shall be administered by a Board consisting of—

(a)

one eminent person having special knowledge

—

Chairperson;

or practical experience in the field of transgender

rights and rehabilitation

(b)

one representative of each of the State Government

— Member; and

(c)

two transgender persons

—

Members,

to be appointed by the Central Government in

such manner as may be prescribed.

(4) The salary and allowances payable to and other terms and conditions of service of

the Chairperson and members of the Board shall be such as may be prescribed.

(5) The Central Government shall provide such number of officers and staff to the

Board as may be required for its efficient functioning.

(6) The salary and allowances payable to and other terms and conditions of service of

the officers and staff of the Board shall be such as may be prescribed.

4. The Board shall—

(a) study the problems being faced by the transgender persons and suggest

remedial measures to the appropriate Government; and

(b) promote awareness about the rights of the transgender persons and safeguards

available for their protection.

5. Every transgender person shall be entitled to—

(a) freely express his gender identity and be considered as a third gender;

(b) access to education and vocational training;

right against violence and right to employment and livelihood opportunities;

(d) medical facilities including health services and health insurance; and

(e) right to marry and live in home with his immediate family members.

6. (1) For the purpose of providing speedy trial of cases arising out of infringement of

basic rights of transgender persons, every State Government shall, with the concurrence of

the Chief Justice of the High Court concerned, by notification in the Official Gazette, establish

an exclusive special court for one or more districts within the State:

Provided that in districts where the number of cases tried by a special court falls below

such number as may be prescribed, the State Government may, with the concurrence of the

Chief Justice of the High Court concerned, by notification in the Official Gazette, designate

the Court of session to be a special court to try the offences under this Act for such districts:

Provided further that the Court so established or designated, as the case may be, may,

suo moto take cognizance of offences under this Act.

(2) It shall be the duty of the State Government to establish adequate number of

Special Courts to ensure that the cases under this Act, as far as possible, are disposed of

within a period of two months from the date of their filing in that Court.

Constitution of

the

Transgender

Persons

Welfare Fund.

Functions of

the Board.

Rights of

transgender

persons.

Special Courts.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

in this behalf, provide adequate funds to the State Governments for carrying out the purpose

of this Act.

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

rules for carrying out the purpose 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 more successive sessions, and if before the expiry of

the session immediately following the sessions or the successive sessions aforesaid, both

Houses agree in making any modification in the rule or both the Houses agree that the rules

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.

Central

Government to

provident

funds.

Power to make

rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

All human beings are born free and equal in dignity and ought to be entitled to

enjoyment of human rights without discrimination on the basis of sexual orientation and

gender identity. However, such is not the case with the transgender persons. The

discrimination based on their class and gender makes the transgender community one of

the most disempowered and deprived section of society. Transgender people face variety

of problems. They do not command same respect, dignity and equality as is being enjoyed

by other persons in society. The society treats them differently.

It is, therefore, necessary to recognize the deprivation being suffered by transgender

persons and initiate suitable legislative measures for their overall development.

Hence this Bill.

NEW DELHI;

July 21, 2015.

KAKOLI GHOSH DASTIDAR

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for constitution of a Transgender Persons Welfare Fund.

It further provide for constitution of a Board to administer the welfare fund. Clause 4

provides that the Board shall promote awareness about the rights of the trangender persons

and safeguards available for their protection. Clause 5 provides for vocational training and

access to medical facilities including health insurance to the transgender persons. Clause 6

provides for establishment of special Courts to deal with the cases arising out of infringement

of basic rights of transgender persons. Clause 7 provides that the Central Government shall

provide adequate funds to the State Governments for carrying out the purposes of the Bill.

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

India. It is likely to involve a recurring expenditure of about rupees fifty crore per annum.

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

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 8 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—

BILL NO. 237 OF 2015

A Bill to amend the Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006.

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 Scheduled Tribes and Other Traditional Forest

Dwellers (Recognition of Forest Rights) 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 section 2 of the Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006, in clause (o),—

(i) the words "for at least three generations" shall be omitted; and

(ii) the Explanation at the end shall be omitted.

Short title and

Commencement.

Amendment

of section 2.

2 of 2007

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest

Rights) Act, 2006 was enacted to recognise and vest the forest rights and occupation in

forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who

have been residing in such forests for generations but whose rights could not be recorded.

The definition of "other traditional forest dwellers" includes only a member or community

who has for at least three generations prior to the 13th day of December 2005 primarily

resided in forest or forest land to avail certain rights under the Act. However, it is not

possible and practical for all the traditional forest dwellers to give proof of ‘‘three

generations’’ as prescribed in definition. Therefore, the persons who are actually forest

dwellers and not having any proof or record of their residence in such forest areas for the

last three generations are suffering on this account. These forest dwellers are cultivating

land for the last many years but are not eligible to claim ownership of such land or get

benefits of ongoing schemes of Governments meant for ‘‘other traditional forest dwellers’’

for the reason that they do not have any proof or record of residence in such areas. These

traditional forest dwellers are living in a pitiable condition and require immediate attention

of the Government to ameliorate their condition.

The Bill seeks to amend the Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006 with a view to do away with the condition of

"three generations" so that all traditional forest dwellers can avail the benefits of ongoing

schemes meant for the Scheduled Tribes and other traditional forest dwellers.

Hence this Bill.

NEW DELHI;

RAJU SHETTI

August 3, 2015.

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 all other cases, the Central Government;

(b) "Authority" means the Destitute and Neglected Women Welfare Authority

established under section 3;

no relative or kinsmen to support her or who has no independent and adequate source

of livelihood including the livelihood to her minor children and includes a woman

stricken with infirmity owing to old age, physical deformity, ailment, mental imbalance

and who lives uncared for;

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

(e) "widow" means a legally wedded female whose husband has died.

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

Official Gazette, establish an authority to be known as the Destitute and Neglected Women

Welfare Authority to exercise the powers conferred on, and to perform the functions assigned

to it under this Act.

(2) The Authority shall be a body corporate by the name aforesaid having perpetual

succession and a common seal, with power to acquire, hold and dispose of property,

both movable and immovable and to contract and shall by the said name sue and be

sued.

(3) The headquarters of the Authority shall be at Chandigarh in the State of Punjab and

the Authority shall establish its branches in all the States and Union territories at such places

as may be prescribed.

(4) The Authority shall have a Secretariat with such number of officers and employees,

with such terms and conditions of service as may be prescribed, for the efficient functioning

of the Authority.

(5) The Authority shall consist of—

(a) the Union Minister of Women and Child Development who shall be

Chairperson, ex-officio;

(b) a Deputy Chairperson preferably a woman with such qualifications as may

be prescribed to be appointed by the Central Government;

Sabha and two from the Rajya Sabha to be nominated by the respective Presiding

Officer of each House;

(d) three members representing the Union Ministries of Human Resource

Development and Social Justice and Empowerment to be appointed by the Central

Government;

(e) not more than five members to be appointed by the Central Government in

consultation with the Governments of States, by rotation in alphabetical order, to

represent the Governments of the States; and

(f) four members to be appointed by Central Government from amongst the

Non-Governmental Organizations working for destitute or neglected women.

(6) The salary and allowances payable to and other terms and conditions of the service

of Deputy Chairperson and members of the Authority and officers and employees of the

Secretariat of the Authority shall be such, as may be prescribed.

4. (1) It shall be the duty of the Authority to promote by such measures, as it thinks fit,

for welfare of destitute or neglected women or widows.

Definitions.

Establishment

of Destitute and

Neglected

Women Welfare

Authority.

Functions of the

Authority.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) Without prejudice to the generality of the foregoing provisions, the Authority shall,—

(a) maintain district-wise register of destitute or neglected women or widows

who are in need of assistance from the Authority with such details and in such manner

as may be prescribed;

(b) work out plans and formulate schemes for the welfare of destitute or neglected

women or widows covered under this Act;

measures being undertaken by the Authority; and

(d) perform such other functions not inconsistent with the provisions of this Act,

as may be assigned to it by the appropriate Government from time to time.

5. The appropriate Government shall, on the recommendation of the Authority, provide

to the women covered under this Act, the following facilities, namely:—

(a) monthly allowance of two thousand and five hundred rupees, if the woman

is having any dependent children and rupees one thousand and five hundred in case

she has no dependent child, as subsistence allowance;

(b) free medical assistance and free legal aid;

(d) free residential accommodation wherever necessary;

(e) gainful employment after imparting vocational education; and

(f) such other facilities, as may be necessary, for her rehabilitation, proper

development and for maintaining a respectable life in the society:

Provided that if any woman covered under this Act either gets gainful employment

or remarries, all the facilities provided to her and to her dependent in accordance with

the provisions of this Act, shall be withdrawn from the date of gainful employment or

remarriage, as the case may be.

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

in this behalf provide adequate funds to the Authority, 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, but save as aforesaid the

provisions of this Act shall be in addition to and not in derogation of any other law for the

time being applicable to women covered under this Act.

8. (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 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.

Central

Government to

provide Funds.

Act to have

overriding

effect.

Power to make

rules.

Facilities to be

provided by

appropriate

Government.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

In our Country, a large number of women particularly those belonging to lower and

middle income groups of the society become destitute after the death of their husbands.

Divorced women or unmarried women too are either neglected by their families or have no

means to support them. In many cases, the widows are thrown out of the households. Many

of them work as housemaids for their survival and to support their children. But even this is

not possible for the infirm, old, physically or mentally challenged women and so they lead a

miserable life and very often subsist on alms, which they get from begging. Sometimes they

are forced into flesh trade and become sex workers to avoid starvation, which makes their

lives disgraceful. The position of destitute women is more dreadful in rural areas, as being

illiterate, they are often subjected to exploitation. It is expedient to stop the exploitation of

the destitute, neglected women or widows in a welfare State like India and provide financial

assistance and other essential facilities to such women so that they live a dignified life in the

society. For this reason, a Destitute and Neglected Women Welfare Authority should be set

up to ensure that the conditions of destitute, neglected women or widows should not become

so miserable as may enable the unscrupulous elements of the society to exploit the situation.

Hence this Bill.

NEW DELHI;

GOPAL CHINAYYA SHETTY

August 10, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the establishment of the Destitute and Neglected

Women Welfare Authority. Clause 4 provides for giving wide publicity through electronic

and print media about the welfare measures undertaken by the Authority. Clause 5 provides

for certain facilities to the destitute and neglected women. Clause 6 provides that Central

Government shall provide requisite funds to the Authority. The Bill, if enacted, will involve

expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees five

hundred crore would involved as recurring expenditure per annum.

A non-recurring expenditure to the tune of one hundred crore is also likely to be

involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 8 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 normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 249 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. This Act may be called the Constitution (Amendment) Act, 2015.

2. After article 300A of the Constitution, the following article shall be inserted,

namely:—

"300B. (1) Notwithstanding anything in article 300A, the Parliament or the

legislature of a State shall not make any law which deprives any citizen to acquire,

hold and dispose of property in any part of the territory of India.

(2) Any law in force in the territory of India immediately before the

commencement of the Constitution (Amendment) Act, 2015, in so far it is inconsistent

with the provisions of clause (1), shall, to the extent of such inconsistency, be void.".

Short title.

Insertion of

new article

300B.

Right to

acquire, hold

and dispose of

property in

any part of the

territory of

India.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Food, clothing and housing are the basic needs of human life. In our country, it is the

duty of the Government to provide basic facilities to its citizens. The Constitution provides

certain fundamental rights to all the citizens both individually as well as collectively.

However, even today, there are several States in our country where the citizens

belonging to another State don't have the right to purchase land or house. Every Indian

citizen should be conferred upon the right to purchase land or house anywhere in any part

of the territory of the country. Nonetheless, such arrangements have not yet been put in

place to enable citizens of our country so that they can purchase land and house in any part

in any State according to his own will.

Therefore, in order to attain the socialist objectives enshrined in the Constitution, the

provisions of right to purchase land or house anywhere in any State is being proposed for

incorporation in the Constitution.

Hence this Bill.

NEW DELHI;

GOPAL CHINAYYA SHETTY

August 10, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

3. (1) The Central Government shall by notification in the Official Gazette, establish a

Bureau to be known as the Bureau of Accountability for carrying out purposes of this

Act.

(2) The Bureau shall consist of—

(i) two serving or retired Judges of the Supreme Court of India;

(ii) Cabinet Secretary to the Central Government;

(iii) Home Secretary to the Central Government;

(iv) Chief of the Intelligence Bureau of India;

(v) one retired General of the Army nominated by the Central Government;

and

(vi) an eminent social and political worker to be nominated by the Central

Government.

(3) The members of the Bureau shall have a tenure of five years from the date of their

appointment or nomination, as the case may be.

(4) The Bureau shall have its office located in New Delhi.

(5) The Central Government shall appoint such number of officers and staff as it

considers necessary for the efficient functioning of the Bureau.

(6) The salary and allowances payable to and other terms and conditions of service of

members and officers and staff of the Bureau shall be such as may be prescribed.

4. The members of the Bureau shall elect from amongst themselves a member to preside

over the meetings of the Bureau and the member so elected shall be designated as Chairperson

of the Bureau.

5. The Bureau shall take steps and suggest measures to the Central Government to—

(i) accelerate the pace of working in the Ministries of Government of India;

(ii) make the administration corruption free; and

(iii) implement the policies framed by the Central Government within the

prescribed time period.

6. The members of the Bureau shall carry out surprise inspections of various Ministries

and Departments of the Central Government from time to time and suggest measures for

carrying out administrative reforms in the functioning of the Ministries.

7. (1) The Bureau shall formulate rule for its internal working and the rules so made

shall be laid on the Table of each House of Parliament.

(2) If any amendment is made to the rules framed under sub-section (1), the amendment

so made shall also be laid on the Table of each House of Parliament.

8. (1) The Central Government may, by notification in the Official Gazettee, 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.

Establishment

of a Bureau of

Accountability.

Chairperson of

the Bureau.

Functions of the

Bureau.

Powers of

Bureau.

Procedure to be

followed by the

Bureau in its

functioning.

Power to make

rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides that the Central Government shall establish a Bureau of

accountability. It further provides that the Central Government shall appoint such number of

officers and staff as it considers necessary for the efficient functioning of the Bureau. The

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

It is likely to involve a recurring expenditure of rupees one hundred crore per annum.

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

involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 8 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.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 345 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. For article 21A of the Constitution, the following article shall be substituted, namely:—

"21A. (1) The State shall provide free and compulsory education to all children

upto the age of sixteen years in such manner as the State may, by law, determine.

(2) For the purposes of implementing the provisions of sub-section (1), the State shall,

till a child gets admission into a school, provide nutrient meal and/or nutrient supplements to

every child in need to ensure proper development of the child's mental and physical capabilities.

(3) It shall be the responsibility of every school to provide nutritious meal and/

or nutrient supplements to every child in need after he is admitted in school so as to

ensure continued development of the child's mental and physical capabilities.".

3. In article 51A of the Constitution, for clause (k), the following clause shall be

substituted, namely:—

"(k) who is a parent or guardian to provide opportunities for education to his

child or, as the case may be, ward under his care.".

Short title and

commencement.

Substitution of

new article for

article 21A.

Right

E d u c a t i o n ,

nutrient meal

and/or nutrient

supplements.

Amendment of

article 51A.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Children are the torchbearers of any nation and it is the onerous responsibility of

every country, including India, to protect them from every form of neglect, harm and

exploitation. There is no doubt that early childhood (below six years) is the phase of maximum

vulnerability and such deprivation will seriously impact a child's health, learning process

and potential. The protection of our children becomes more important since India is going to

become the world's youngest country with 64% of its population. So, to reap the benefit of

this demographic dividend which potentially offer growing economy an unprecedented edge

and could add 2% of growth to GDP, there is a need to do something concrete immediately

with regard to children below six years of age.

As per the 2011 Census, India has 158.7 million children comprising about 16% of its

population who are below the age of six years. In the period 2008—13, 43% of India's

children under five years of age were underweight and 48% had stunted growth. According

to World Bank Report published in 2013, the mortality rate of children under five years of

age is 53 per 1000 alive births and according to UNICEF Report in 2013, more than

60 million children under five years of age are stunted. And, unfortunately, India has ranked

at 112th position in the Child Development Index published in 2012.

There is no doubt that the Government of India has come out with the Nation Early

Childhood Care and Education Policy in 2013 and host several schemes and programmes to

take care of early childhood and need of education to children. But, if one reads the above

statistics, it becomes clear that the policies, programmes and schemes made little impact on

the objective since they only incorporate promises and do not create a justiciable right for

early childhood care, protection and education as they are not legally binding on the States

and the Centre.

Secondly, Article 45 of the Constitution says that the State shall endeavour to provide

early childhood care and education for all children until they complete the age of six years.

Being a part of Directive Principles of State Policy, it does not create any binding commitment

on part of the State.

Thirdly, the National Commission to Review the Working of the Constitution

recommended for making child's right to basic care and assistance an enforceable right.

Fourthly, the world is debating over the Sustainable Development Goals which are

going to become Gita for all countries also speaks about the guarantee of providing early

childhood care, protection, development and education.

Fifthly, the Law Commission has also in its 229th Report submitted recently

recommended for giving constitutional protection to the rights of children below six years of

age.

In view of the above, it is proposed to give a statutory backing to the existing schemes

and policies in order to create legal entitlements to children below the age of six years.

The Bill seeks to achieve the above objectives.

Hence this Bill.

NEW DELHI;

JAYADEV GALLA

November 13, 2015.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 259 OF 2015

A Bill to establish and incorporate a University in the National Capital Territory of Delhi

to provide for avenues of higher education and research facilities to the women in

India 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 Savita Ambedkar National University for Women

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 this Act, and in all Statutes made hereunder, unless the context otherwise

requires,—

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

Short title and

commencement.

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) “academic staff” means such categories of staff as are designated as academic

staff by the Ordinances;

(d) “Campus” means the unit established or constituted for making arrangements

for instruction or research, or both;

(e) “Chancellor”, “Vice-Chancellor”, and “Pro-Vice-Chancellor” means,

respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the

University;

(f) “College” means a college maintained by the University;

(g) “Court” means the Court of the University;

(h) “Dean” means Head of a Faculty of the University;

(i) “Department” means a Department of Studies and includes a Centre of Studies;

(j) “distance education system” means the system of imparting education through

any means of communication, such as broadcasting, telecasting, webcasting,

correspondence courses, seminars, contact programmes or the combination of any

two or more such means;

(k) “employee” means any person appointed by the University and includes

teachers and other staff of the University;

(l) “Executive Council” means the Executive Council of the University;

(m) “Faculty” means a Faculty of the University;

(n) “Finance Committee” means Finance Committee of the University;

(o) “Hall” means a unit of residence or of corporate life for the students of the

University;

(p) “Institution” means an academic institution, not being a college, maintained

by, or admitted to the privileges of, the University;

(q) “Principal” means the Head of a College or an Institution maintained by the

University and includes, where there is no Principal, the persons for the time being

duly appointed to act as Principal, and in the absence of the Principal, or the acting

Principal, a Vice-Principal duly appointed as such;

(r) “Regulations” means the Regulations made by any authority of the

University under this Act for the time being in force;

(s) “Statutes” and “Ordinances” means, respectively, the Statutes and the

Ordinances of the University, for the time being in force;

(t) “teachers of the University” means Professors, Associate Professors, Assistant

Professors and such other persons as may be appointed for imparting instruction or

conducting research in the University; and

(u) “University” means the Savita Ambedkar National University for Women as

incorporated under this Act.

3. (1) There shall be established, in the National Capital Territory of Delhi a

University by the name of “Savita Ambedkar National University for Women”.

(2) The headquarters of the University shall be in the North-West district of

Delhi.

(3) The first Chancellor, the first Vice-Chancellor and the first members of the

Court, the Executive Council and the Academic Council, and all persons who may

hereafter become such officers or members, so long as they continue to hold such

Establishment

of University.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

office or membership, are hereby constituted a body corporate by the name of “Savita

Ambedkar National University for Women”.

(4) The University shall have perpetual succession and a common seal, and shall sue

and be sued by the said name.

4. The objects of the University shall be,—

(i) to provide avenues of higher education and research facilities to the women

of lndia and thus to provide the society with educated, competent and capable women

to meet the knowledge needs of the country;

(ii) to create and disseminate knowledge by providing instructional and research

facilities in such branches of learning as it may deem fit;

(iii) to make provisions for various courses offering educational programmes in

humanities, natural and physical sciences, social sciences, medical sciences, engineering

and technology and such other advanced disciplines of education including vocational

education;

(iv) to take appropriate measures for promoting innovations in teaching-learning

process, inter-disciplinary studies and research;

(v) to develop women imbued with the spirit of innovation and entrepreneurship

with social and environmental orientation for the development of the country;

(vi) to strive for the improvement of the social, educational and economic

conditions and welfare of women of the country through their intellectual, academic,

cultural and overall personality development.

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

(i) to provide for instructions in such branches of learning like natural and physical

sciences, social sciences, humanities, engineering, technology and medicine as the

University may, from time to time, determine and to make provisions for research and

for the advancement and dissemination of knowledge for furtherance of the objects of

the University;

(ii) to grant, subject to such conditions as the University may determine, diplomas

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

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

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

sufficient cause in the manner prescribed by the Statutes;

(iii) to formulate women centric development models, publish reports and

monographs;

(iv) to organise conferences, seminars on issues relating to women and to provide

inputs to policy matters in different spheres;

(v) to organise and to undertake extra-mural studies, training and extension

services;

(vi) to confer honorary degrees or other distinctions in the manner prescribed by

the Statutes;

(vii) to provide facilities through the distance education system to women as it

may determine;

(viii) to institute Principalships, Professorships, Associate Professorships,

Assistant Professorships and other teaching or academic positions, required by the

University and to appoint persons to such Principalships, Professorships, Associate

Professorships, Assistant Professorships or other teaching or academic positions;

(ix) to recognise an institution of higher learning for such purposes as the

Objects

University.

Powers

University.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

University may determine and to withdraw such recognition in the manner prescribed

by the Statutes;

(x) to appoint persons working in any other University or educational institution,

including those located outside the country, as teachers of the University for a specified

period;

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

thereto;

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

authority or institution of higher learning, including those located outside the country,

in such manner and for such purposes as the University may determine;

(xiii) to collaborate with any other college or university, research institution,

industry association, professional or any other organisation, in India or outside India

to conceptualise, design and develop specific programmes as part of education and

research, training programmes and exchange programmes for students, academic staff

and others;

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

prizes;

(xv) to establish and maintain Colleges, Institutions and Halls;

(xvi) to make provision for research and advisory services and for that purpose

to enter into such arrangements with other institutions, industrial or other organisations,

as the University may deem necessary;

(xvii) to organise and conduct refresher courses, workshops, seminars and other

programmes for teachers, evaluators and other academic staff;

(xviii) to appoint on contract or otherwise visiting Professors, Emeritus

Professors, Consultants, Scholars and such other persons who may contribute to the

advancement of the objects of the University;

(xix) to confer autonomous status on a College or an Institution or a Department,

as the case may be, in accordance with the Statutes;

(xx) to recognise, guide, supervise, and control Halls not maintained by the

University and other accommodation for students, and to withdraw any such

recognition;

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

examination, evaluation or any other method of testing;

(xxii) to demand and receive payment of fees and other charges;

(xxiii) to establish and maintain a health care centre for the benefit of the students

and employees;

(xxiv) to make arrangements for promoting the health and general welfare of the

employees;

(xxv) to supervise the residences of the students of the University and to make

arrangements for promoting their health and general welfare;

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

their code of conduct;

(xxvii) to regulate and enforce discipline among the students and the employees,

and to take such disciplinary measures in this regard as may be deemed by the University

to be necessary;

(xxviii) to receive benefactions, donations and gifts and to acquire, hold and

manage, and to dispose of, without the previous approval of the Central Government,

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

any property, movable or immovable, including trust and endowment properties for

the purposes of the University;

(xxix) to borrow, without the approval of the Central Government, on the security

of the property of the University, money for the purposes of the University; and

(xxx) 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.

.(2) In exercising its powers referred to in sub-section (1), it shall be the endeavour of

the University to maintain an all-India character and high standards of teaching and research,

and the University shall, among other measures which may be necessary for the said purpose

and take, in particular, the following measures, namely:—

(i) admission of students and recruitment of Faculty shall be made on all-India

basis;

(ii) admissions of students shall be made on merit, either through Entrance Tests

conducted by the University or in combination with other Universities, or on the basis

of marks obtained in the qualifying examinations;

(iii) mencourage inter-University mobility of Faculty;

(iv) introduce semester system, continuous evaluation and choice based credit

system and enter into agreements with other Universities and academic institutions for

credit transfer and joint degree programmes;

(v) introduce innovative courses and programmes of studies with provision for

periodic review and restructuring;

(vi) ensure active participation of students in all academic activities of the

University, including evaluation of teachers;

(vii) obtain mandatory accreditation from National Assessment and Accreditation

Council or any other statutory accrediting agency; and

(viii) introduce e-governance with an effective management information system.

6. The jurisdiction of the University shall extend to the whole of India.

7. The University shall be open to women of whatever caste, creed, race or class, and

it shall not be lawful for the University to adopt or impose any test whatsoever of religious

belief or profession in order to entitle her to be admitted as a student in the University or to

graduate thereat:

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

appointing any person as a teacher of the University or to hold any other office therein or to

enjoy or exercise any privilege thereof:

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

from making special provisions for the employment or promotion of educational interests of

women physically challenged or of persons belonging to the weaker sections of the society

and, in particular, of the Scheduled Castes and the Scheduled Tribes.

8. Every student of the University other than a student, who pursues a course of study

by distance education system, shall reside in a Hall or hostel or under such conditions as

may be prescribed by the Ordinances.

9. The University shall, subject to Statutes, have power to establish at least one school

as a model school for the schools of the region.

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

(2) The Visitor may, from time to time, appoint one or more persons to review the

work and progress of the University, including Colleges and Institutions maintained by it,

Jurisdiction.

University

Open to all

Classes,

Castes and

Creeds.

Residence of

Students.

Power to

establish and

Maintain

Schools.

Visitor.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

and to submit a report thereon; and upon receipt of that report, the Visitor may, after obtaining

the views of the Executive Council thereon through the Vice-Chancellor, take such action

and issue such directions as he considers necessary in respect of any of the matters dealt with

in the report and the University shall be bound to comply with such directions.

(3) 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, libraries, laboratories and equipment,

and of any College or Institution maintained by the University; and also of the examinations,

teaching and other work conducted or done by the University and to cause an inquiry to be

made in like manner in respect of any matter connected with the administration or finances

of the University, Colleges or Institutions.

(4) The Visitor shall, in every matter referred to in sub-section (3), give notice of his

intention to cause an inspection or inquiry to be made, to the University, if such inspection or

inquiry is to be made in respect of the University or any College or Institution maintained by it.

(5) 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 (3).

(6) Where any 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 be present

and be heard at such inspection or inquiry.

(7) Upon receipt of such report of the inspection or inquiry, the Visitor may address

the appointing authority through the Vice-Chancellor to take appropriate action in accordance

with his advice, if any, regarding the action to be taken.

(8) The appointing authority shall take appropriate action within a period of two months

and in case, it is not able to act as per the advice of the Visitor, it shall report to the Visitor,

the reasons therefor along with supporting documents within a period of two months

and if the Visitor is not satisfied with the reasons then the decision of the Visitor shall be

final.

(9) The Visitor in respect of the matters not covered under sub-section (7) shall address

the Executive Council through the Vice-Chancellor along with this advice regarding the

action to be taken and the Vice-Chancellor shall take action accordingly.

(10) Without prejudice to the foregoing provisions of this section, the Visitor may, by

order in writing, annul any proceeding of the University which is not in conformity with the

Act, the Statutes or the Ordinances:

Provided that before making any such order, he shall call upon the Registrar to show

cause why such an order should not be made, and, if any cause is shown within a reasonable

time, he shall consider the same.

(11) The Visitor shall have such other powers as may be prescribed by the Statutes.

11. The following shall be the officers of the University:—

(1) the Chancellor;

(2) the Vice-Chancellor;

(3) the Pro-Vice-Chancellor;

(4) the Deans of Faculties;

(5) the Registrar;

(6) the Finance Officer;

(7) the Controller of Examinations;

(8) the Librarian; and

Officers

University.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(9) such other officers as may be declared by the Statutes to be officers of the

University.

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

prescribed by the Statutes.

(2) The Chancellor shall, by virtue of his office, be the head of the University and

shall, if present, preside at the Convocations of the University held for conferring degrees

and meetings of the Court.

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

be prescribed by the Statutes.

(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 at its next meeting the action taken by him on such

matter:

Provided that if the authority concerned is of the 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 aggrieved by the action taken by the Vice-Chancellor

under this sub-section shall have the right to represent against such action to the Executive

Council within three months from the date on which decision on such action is communicated

to him and thereupon the Executive Council 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,

the Statutes or the Ordinances 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 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 as may be prescribed by the Statutes or the Ordinances.

14. The Pro-Vice-Chancellor shall be appointed in such manner and on such terms

and conditions of service, and shall exercise such powers and perform such duties, as may

be prescribed by the Statutes.

15. Every Dean of Faculty shall be appointed in such manner and shall exercise such

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

16. (1) The Registrar shall be appointed in such manner and on such terms and conditions

of service as may be prescribed by the Statutes.

(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 by the Statutes.

17. The Finance Officer shall be appointed in such manner and shall exercise such

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

18. The Controller of Examinations shall be appointed in such manner and shall exercise

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

19. The Librarian shall be appointed in such manner and on such terms and conditions

of service, and shall exercise such powers and perform such duties, as may be prescribed by

the Statutes.

Chancellor.

Vice

Chancellor.

Pro-Vice-

Chancellor.

Deans

Faculties.

Registrar.

Finance

Officer.

Controller of

Examinations.

Librarian.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

20. The manner of appointment and powers and duties of other officers of the University

shall be prescribed by the Statutes.

21. The following shall be the authorities of the University:—

(1) the Court;

(2) the Executive Council;

(3) the Academic Council;

(4) the Board of Studies and Academic Boards;

(5) the Finance Committee; and

(6) such other authorities as may be declared by the Statutes to be the authorities

of the University.

22. (1) The constitution of the Court and the term of office of its members shall be

prescribed by the Statutes:

Provided that the Court shall have adequate number of members from amongst the

women:

Provided further that such number of members as may be prescribed by the Statutes

shall be elected from among the teachers, employees and students of the university.

(2) Subject to the provisions of this Act, the Court shall have the following powers and

functions, namely:—

(a) to review, from time to time, the broad policies and programmes of the

University and to suggest measures for the improvement and development of the

University;

(b) to consider and approve the annual report and the annual accounts of the

University and the audit report on such accounts;

advice; and

(d) to perform such other functions as may be prescribed by the Statutes.

23. (1) The Executive Council shall be the principal executive body of the University.

(2) The constitution of the Executive Council, the term of office of its members and its

powers and functions shall be prescribed by the Statutes:

Provided that the Executive Council shall have adequate number of members from

among the women:

Provided further that such number of members as may be prescribed by the Statutes

shall be from among the elected members of the Court.

24. (1) The Academic Council shall be the principal academic body of the University

and shall, subject to the provisions of this Act, the Statutes and the Ordinances, co-ordinate

and exercise general supervision over the academic policies of the University.

(2) The constitution of the Academic Council, the term of office of its members and its

powers and functions shall be prescribed by the Statutes:

Provided that the Academic Council shall have adequate number of members from

amongst the women:

Provided further that such number of members as may be prescribed by the Statutes

shall be from among the elected members of the Court who are teachers of the

University.

Other Officers.

Authorities of

University.

Executive

Council.

Academic

Council.

Court.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

25. The constitution, powers and functions of the Board of Studies and the Academic

Boards shall be prescribed by the Statutes:

Provided that the Boards of Studies and the Academic Boards shall have adequate

number of members from amongst the women.

26. The constitution, powers and functions of the Finance Committee shall be prescribed

by the Statutes:

Provided that the Finance Committee shall have adequate number of members from

amongst the women.

27. The constitution, powers and functions of other authorities, as may be declared by

the Statutes to be the authorities of the University, shall be prescribed by the Statutes.

28. Subject to the provisions of this Act, the Statutes may provide for all or any of the

following matters, namely:—

(a) the constitution, powers and functions of authorities and other bodies of the

University, as may be constituted from time to time;

(b) the appointment and continuance in office of the members of the said

authorities and bodies, the filling up of vacancies of members, and all other matters

relating to those authorities and other bodies for which it may be necessary or desirable

to provide;

emoluments;

(d) the appointment of teachers, academic staff and other employees of the

University, their emoluments and conditions of service;

(e) the appointment of teachers, academic staff working in any other University

or organisation for a specific period for undertaking a joint project;

(f) the conditions of service of employees including insurance, provident fund,

the manner of termination of service and disciplinary action;

(g) the principles governing the seniority of service of the employees of the

University;

(h) the procedure for arbitration in cases of dispute between employees or students

and the University;

(i) the procedure for appeal to the Executive Council by any employee or student

against the action of any officer or authority of the University;

(j) the conferment of autonomous status on a College or an Institution or a

Department;

(k) the conferment of honorary degrees;

(l) the withdrawal of degrees, diplomas, certificates and other academic

distinctions;

(m) the management of Colleges and Institutions established by the University;

(n) the delegation of powers vested in the authorities or officers of the University;

(o) the maintenance of discipline among the employees and students; and

(p) all other matters which by this Act are to be or may be provided for by the

Statutes.

29. (1) The first Statutes are those set out in the Schedule.

(2) The Executive Council may, from time to time, make new or additional Statutes or

may amend or repeal the Statutes referred to in sub-section (1):

Board of

Studies and

the Academic

Boards.

Finance

Committee.

Other

Authorities of

Women.

Power to make

Statutes.

Statutes how to

be made.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Provided that the Executive Council shall not make, amend or repeal any Statutes

affecting the status, powers or constitution of any authority of the University until such

authority has been given an opportunity of expressing an opinion in writing on the proposed

changes, and any opinion so expressed shall be considered by the Executive Council.

(3) Every new Statute or addition to the Statutes or any amendment or repeal of a

Statute shall require the assent of the Visitor who may assent thereto or withhold assent or

remit to the Executive Council for re-consideration.

(4) A new Statute or a Statute amending or repealing an existing Statute shall have no

validity unless it has been assented to by the Visitor.

(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may

make new or additional Statutes or amend or repeal the Statutes referred to in sub-section

(1), during the period of five years immediately after the commencement of this Act and

such statutes shall be laid before both Houses of Parliament.

(6) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may

direct the University to make provisions in the Statutes in respect of any matter specified by

him and if the Executive Council is unable to implement such direction within sixty days of

its receipt, the Visitor may, after considering the reasons, if any, communicated by the

Executive Council for its inability to comply with such direction, make or amend the Statutes

suitably.

30. (1) Subject to the provisions of this Act and the Statutes, the Ordinances may

provide for all or any of the following matters, namely:—

(a) the admission of students to the University and their enrolment as such;

(b) the courses of study to be laid down for all degrees, diplomas and certificates

of the University;

(d) the award of degrees, diplomas, certificates and other academic distinctions,

the qualifications for the same and the means to be taken relating to the granting and

obtaining of the same;

(e) the fees to be charged for courses of study in the University and for admission

to the examinations, degrees and diplomas of the University;

(f) the institution of fellowships, scholarships, studentships, medals and prizes;

(g) the conditions for award of fellowships, scholarships, studentships, medals

and prizes;

(h) the conduct of examinations, including the term of office and manner of

appointment and the duties of examining bodies, examiners and moderators;

(i) the conditions of residence of the students of the University;

(j) the setting up of a machinery for redressal of grievances of employees;

(k) the establishment and management of Faculties, Departments, Schools,

Colleges, other Institutions, Centres of Studies, Boards of Studies, Special Centres,

Specialised Laboratories and other Committees;

(l) the manner of co-operation and collaboration with other Universities,

institutions and other non-profiteering agencies including learned bodies or

associations;

(m) the creation, composition and functions of any other body which is considered

necessary for improving the academic life of the University;

Power to

make

Ordinances.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(n) all other matters which by this Act or the Statutes, are to be or may be,

provided for by the Ordinances.

(2) The first Ordinances shall be made by the Vice-Chancellor with the previous

approval of the Central Government and the Ordinances so made may be amended, repealed

or added to at any time by the Executive Council in the manner prescribed by the Statutes.

31. The authorities of the University may make Regulations, consistent with this Act,

the Statutes and the Ordinances for the conduct of their own business and that of the

Committees, if any, appointed by them and not provided for by this Act, the Statutes or the

Ordinances, in the manner prescribed by the Statutes.

32. (1) The annual report of the University shall be prepared under the direction of the

Executive Council, which shall include, among other matters, the steps taken by the University

towards the fulfilment of its objects and shall be submitted to the Court on or before such

date as may be prescribed by the Central Government and the Court shall consider the report

in its annual meeting.

(2) The Court shall submit the annual report to the Visitor along with its comments, if

any.

(3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted

to the Central Government, and that Government which shall, as soon as may be after it is

submitted, cause the same to be laid before both Houses of Parliament.

33. (1) The annual accounts and balance sheet of the University shall be prepared

under the directions of the Executive Council and shall, once at least every year and at

intervals of not more than fifteen months, be audited by the Comptroller and Auditor- General

of India or by such persons as he may authorise on his behalf.

(2) A copy of the annual accounts together with the audit report thereon shall be

submitted to the Court and the Visitor along with the observations of the Executive Council.

(3) Any observations made by the Visitor on the annual accounts shall be brought to

the notice of the Court and the observations of the Court, if any, shall, after being considered

by the Executive Council, be submitted to the Visitor.

(4) A copy of the annual accounts together with the audit report as submitted to the

Visitor, shall also be submitted to the Central Government, which shall, as soon as may be,

cause the same to be laid before both Houses of Parliament.

(5) The audited annual accounts after having been laid before both Houses of Parliament

shall be published in the Official Gazette.

34. (1) There shall be a University Fund which shall include—

(a) any contribution or grant made by the State Government;

(b) any contribution or grant made by the University Grants Commission or the

Central Government;

bodies;

(d) any bequests, donations, endowments or other grants made by any private

individual or institution;

(e) income received by the University from fees and charges; and

(f) amounts received from any other source.

(2) The amount of the said Fund shall be kept in a Scheduled Bank as defined in the

Reserve Bank of India Act, 1934, or in a corresponding new bank constituted under the

Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 or may be invested

Regulations.

Annual Report

Annual

Account.

Fund of

University.

2 of 1934

40 of 1980

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

in such securities authorised by the Indian Trusts Act, 1882, as may be decided by the

Executive Council.

(3) The said Fund may be utilised for such purposes of the University and in such

manner as may be determined.

35. The University shall furnish to the Central Government such returns or other

information with respect to its property or activities as the Central Government may, from

time to time, require.

36. (1) Every employee of the University shall be appointed under a written contract,

which shall be lodged with the University and a copy of which shall be furnished to the

employee concerned.

(2) Any dispute arising out of the contract between the University and any employee

shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of

one member appointed by the Executive Council, one member nominated by the employee

concerned and an umpire appointed by the Visitor.

(3) The decision of the Tribunal shall be final, and no suit shall lie in any civil court in

respect of the matters decided by the Tribunal:

Provided that nothing in this sub-section shall preclude the employee from availing of

the judicial remedies available under articles 32 and 226 of the Constitution.

(4) Every request made by the employee under sub-section (2), shall be deemed to be

a submission to arbitration upon the terms of this section within the meaning of the Arbitration

and Conciliation Act, 1996.

(5) The procedure for regulating the work of the Tribunal shall be prescribed by the

Statutes.

37. (1) Any student or candidate for an examination whose name has been removed

from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline

Committee or Examination Committee, as the case may be, and who has been debarred from

appearing at the examinations of the University for more than one year, may, within ten days

of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive

Council and the Executive Council may confirm, modify or reverse the decision of the Vice-

Chancellor or the Committee, as the case may be.

(2) Any dispute arising out of any disciplinary action taken by the University against a

student shall, at the request of such student, be referred to a Tribunal of Arbitration and the

provisions of sub-sections (2), (3), (4) and (5) of section 36 shall, as far as may be, apply to

a reference made under this sub-section.

38. Every employee or student of the University or of a College or Institution maintained

by the University shall, notwithstanding anything contained in this Act, have a right to appeal

within such time as may be prescribed by the Statutes, to the Executive Council against the

decision of any officer or authority of the University or of the Principal or the management

of any College or an Institution, as the case may be, and thereupon the Executive Council

may confirm, modify or reverse the decision appealed against.

39. If any question arises as to whether any person has been duly elected or appointed

as, or is entitled to be, a member of any authority or other body of the University, the matter

shall be referred to the Visitor whose decision thereon shall be final.

40. Where any authority of the university is given power by this Act or the Statutes to

appoint Committees, such Committees shall, save as otherwise provided, consist of the

members of the authority concerned and of such other person, if any, as the authority in each

case may think fit.

41. All casual vacancies among the members (other than ex-officio members) of any

authority or other body of the University shall be filled, as soon as may be, by the person or

Returns

and

information.

Condition of

service of

employees.

Dispute as to

constitution of

authorities and

bodies.

Constitution of

Committees.

Procedure of

appeal and

arbitration in

disciplinary

cases against

students.

Right to

Appeal.

2 of 1882

Filling of

casual

vacancies.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

body who appoints, elects or co-opts the member whose place has become vacant and the

person appointed, elected or co-opted to a casual vacancy shall be a member of such authority

or body for the residue of the term for which the person whose place he fills would have

been a member.

42. No act or proceedings of any authority or other body of the University shall be

invalid merely by reason of the existence of a vacancy or vacancies among its members.

43. No suit or other legal proceeding shall lie against any officer or other employee of

the University for anything which is in good faith done or intended to be done in pursuance

of any of the provisions of this Act, the Statutes or the Ordinances.

44. Notwithstanding anything contained in the Indian Evidence Act, 1872 or in any

other law for the time being in force, a copy of any receipt, application, notice, order,

proceeding or resolution of any authority or other body of the University, or any other

document in possession of the University, or any entry in any register duly maintained by the

University, if certified by the Registrar, shall be received as prima facie evidence of such

receipt, application, notice, order, proceeding, resolution or document or the existence of

entry in the register and shall be admitted as evidence of the matters and transactions therein

where the original thereof would, if produced, have been admissible in evidence.

45. (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 difficulty:

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 sub-section (1) 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 order or both Houses agree that the order

should not be made, the order 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 order.

46. (1) Every Statute, Ordinance or Regulation made under this Act shall be published

in the Official Gazette.

(2) Every Statute, Ordinance or Regulation 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 Statute,

Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation

should not be made, the Statute, Ordinance or Regulation 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 Statute, Ordinance or Regulation.

(3) The power to make Statutes, Ordinances or Regulations shall include the power to

give retrospective effect, from a date not earlier than the date of commencement of this Act,

to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be

given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of

any person to whom such Statute, Ordinance or Regulation may be applicable.

Mode of proof

of University

record.

Protection of

action taken in

good faith.

Power to

remove

difficulties.

Statutes,

Ordinances

and

Regulations to

be published

in the Official

Gazette and to

be laid before

Parliament.

Proceedings of

authorities or

bodies not

invalidated by

vacancies.

1 of 1872.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

47. Notwithstanding anything contained in this Act and the Statutes,—

(a) the first Chancellor and first Vice-Chancellor shall be appointed by the Visitor

in such manner and on such conditions as may be deemed fit and each of the said

officer shall hold office for such term, not exceeding five years as may be specified by

the Visitor;

(b) the first Registrar and the first Finance Officer shall be appointed by the

Visitor and each of the said officers shall hold office for a term of three years;

thirty-one members and eleven members, respectively, who shall be nominated by the

Central Government and shall hold office for a term of three years;

(d) the first Academic Council shall consist of not more than twenty-one members,

who shall be nominated by the Central Government and they shall hold office for a

term of three years:

Provided that if any vacancy occurs in the above offices or authorities, the same

shall be filled by appointment or nomination, as the case may be in the manner

prescribed by the Statutes.

Transitional

provisions.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

THE SCHEDULE

(see section 29)

THE STATUTES OF THE UNIVERSITY

1. (1) The Chancellor shall be appointed by the Visitor from a panel of not less than

three persons recommended by the Executive Council from amongst persons of eminence in

the academic or public life of the country:

Provided that if the Visitor does not approve of any of the persons so recommended,

he may call for fresh recommendations from the Executive Council.

(2) The Chancellor shall hold office for a term of five years and shall not be eligible

for reappointment:

Provided that notwithstanding the expiry of his term of office, the Chancellor shall

continue to hold office until his successor enters upon his office.

2. (1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less

than three persons who shall be recommended by a Committee as constituted under

clause (2) :

Provided that if the Visitor does not approve of any of the persons included in the

panel, he may call for an extended fresh panel.

(2) The Committee referred to in clause (1) shall consist of five persons, out of whom

three shall be nominated by the Executive Council and two by the Visitor and one of the

nominees of the Visitor shall be the convener of the Committee:

Provided that none of the members of the Committee shall be an employee of the

University or a college or an institution maintained by the University or a member of any

authority of the University or connected with an institution associated with the University or

having any business interest in the University.

(3) The Vice-Chancellor shall be a whole-time salaried officer of the University.

(4) The Vice-Chancellor shall hold office for a term of five years from the date on

which he enters upon his office, or until he attains the age of seventy years, whichever is

earlier, and he shall be eligible for reappointment:

Provided that the Visitor may direct any Vice-Chancellor after his term has expired, to

continue in office for such period, not exceeding a total period of one year, as may be

specified by him.

(5) Notwithstanding anything contained in clause (4), the Visitor may, at any time

after the Vice-Chancellor has entered upon his office, by order in writing, remove the Vice-

Chancellor from office on grounds of incapacity, misconduct or violation of statutory

provisions:

Provided that no such order shall be made by the Visitor unless the Vice-Chancellor

has been given a reasonable opportunity of showing cause against the action proposed to be

taken against him:

Provided further that the Visitor may, at any time before making such order, place the

Vice-Chancellor under suspension, pending enquiry.

(6) The emoluments and other conditions of service of the Vice-Chancellor shall be as

follows:—

(i) the Vice-Chancellor shall be paid a monthly salary and allowances, other

than house rent allowance, at the rates fixed by the Central Government from time to

time and he shall be entitled, without payment of rent, to use a furnished residence

throughout the term of office and no charge shall fall on the Vice-Chancellor in respect

of the maintenance of such residence;

Chancellor.

Vice-

Chancellor.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(ii) the Vice-Chancellor shall be entitled to such terminal benefits and allowances

as may be fixed by the Executive Council with the approval of the Visitor from time to

time:

Provided that where an employee of the University, or a College or an Institution

maintained by it, or of any other University or any Institution maintained by or affiliated

to such other University, is appointed as the Vice-Chancellor, he may be allowed to

continue to contribute to any provident fund of which he is a member and the University

shall contribute to the account of such person in that provident fund at the same rate at

which the person had been contributing immediately before his appointment as the

Vice-Chancellor:

Provided further that where such employee had been member of any pension

scheme, the University shall make the necessary contribution to such scheme;

(iii) the Vice-Chancellor shall be entitled to travelling allowance at such rates as

may be fixed by the Executive Council;

(iv) the Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty

days in a calendar year and the leave shall be credited to his account in advance in two

half-yearly instalments of fifteen days each on the first day of January and July every

year:

Provided that if the Vice-Chancellor assumes or relinquishes charge of the office

of the Vice-Chancellor during the currency of a half year, the leave shall be credited

proportionately at the rate of two and-a-half days for each completed month of service;

(v) in addition to the leave referred to in sub-clause;

(vi) the Vice-Chancellor shall also be entitled to half-pay leave at the rate of

twenty days for each completed year of service, and half-pay leave may also be availed

of as commuted leave on full pay on medical certificate:

Provided that when such commuted leave is availed of, twice the amount of

half-pay leave shall be debited against half-pay leave due.

(7) If the office of the Vice-Chancellor becomes vacant due to death, resignation

or Otherwise, or if he is unable to perform his duties due to ill-health or any other

cause, the Pro-Vice-Chancellor shall perform the duties of the Vice-Chancellor:

Provided that if the Pro-Vice-Chancellor is not available, the senior most

Professor shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor

assumes office or until the existing Vice-Chancellor resumes the duties of his office,

as the case may be.

3. (1) The Vice-Chancellor shall be ex-officio Chairman of the Executive Council, the

Academic Council and the Finance Committee and shall, in the absence of the preside at the

Convocations held for conferring degrees and at meetings of the Court.

(2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of

any authority or other body of the University, but shall not be entitled to vote thereat unless

he is a member of such authority or body.

(3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the

Ordinances and the Regulations are duly observed, and he shall have all the powers necessary

to ensure such observance.

(4) The Vice-Chancellor shall exercise control over the affairs of the University and

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

(5) The Vice-Chancellor shall have all the powers necessary for the proper maintenance

of discipline in the University and he may delegate any such powers to such person or

persons as he deems fit.

Powers and

duties of Vice-

Chancellor.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(6) The Vice-Chancellor shall have the power to convene or cause to be convened the

meetings of the Executive Council, the Academic Council and the Finance Committee.

(7) The Vice Chancellor shall have powers to hear appeal against any order passed by

the Registrar and to confirm or to modify or to reverse the order.

4. (1) Every Pro-Vice-Chancellor shall be appointed by the Executive Council on the

recommendation of the Vice-Chancellor:

Provided that where the recommendation of the Vice-Chancellor is not accepted by

the Executive Council, the matter shall be referred to the Visitor who may either appoint the

person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend

another person to the Executive Council:

Provided further that the Executive Council may, on the recommendation of the Vice-

Chancellor, appoint a Professor to discharge the duties of a Pro-Vice-Chancellor in addition

to his own duties as a Professor.

(2) The term of office of a Pro-Vice-Chancellor shall be such as may be decided by the

Executive Council but it shall not in any case exceed five years or until the expiration of the

term of office of the Vice-Chancellor, whichever is earlier:

Provided that a Pro-Vice-Chancellor whose term of office has expired shall be eligible

for reappointment:

Provided further that, in any case, a Pro-Vice-Chancellor shall retire on attaining the

age of seventy years:

Provided also that a Pro-Vice-Chancellor shall, while discharging the duties of the

Vice-Chancellor under clause (7) of Statute 2, continue in office notwithstanding the expiration

of his term of office as Pro-Vice-Chancellor, until a new Vice- Chancellor or the existing

Vice-Chancellor, as the case may be, assumes office or his retirement whichever is earlier.

(3) The emoluments and other terms and conditions of service of a Pro-Vice Chancellor

shall be such as may be prescribed by the Ordinances.

(4) A Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters

as may be specified by the Vice-Chancellor in this behalf, from time to time, and shall also

exercise such powers and perform such duties as may be assigned or delegated to him by the

Vice-Chancellor.

5. (1) Every Dean of a Faculty shall be appointed by the Vice-Chancellor from amongst

the Professors in the Faculty by rotation in the order of seniority for a period of three years:

Provided that in case there is either one or no Professor in a Faculty, the Dean shall be

appointed, for the time being, from amongst the Professor, if any, and the Associate Professors

in the Faculty by rotation in the order of seniority:

Provided further that a Dean on attaining the age of sixty-five years shall cease to hold

office as such:

(2) When the office of the Dean is vacant or when the Dean is, by reason of illness,

absence or any other cause, unable to perform duties of his office, the duties of the office

shall be performed by the senior most Professor or Associate Professor, as the case may be,

in the Faculty.

(3) The Dean shall be the Head of the Faculty and shall be responsible for the conduct

and maintenance of the standards of teaching and research in the Faculty and shall have such

other functions as may be prescribed by the Ordinances.

(4) The Dean shall have the right to be present and to speak at any meeting of the

Boards of Studies or Committees of the Faculty, as the case may be, but shall not have the

right to vote thereat unless he is a member thereof.

Pro-Vice-

Chancellor.

Deans of

faculties.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

6. (1) The Registrar shall be appointed by the Executive Council on the recommendation

of a Selection Committee constituted for the purpose and shall be a whole-time salaried

officer of the University.

(2) He shall be appointed for a term of five years and shall be eligible for reappointment.

(3) The emoluments and other terms and conditions of service of the Registrar shall be

such as may be prescribed by the Ordinances:

Provided that the Registrar shall retire on attaining the age of sixty-two years.

(4) When the office of the Registrar is vacant or when the Registrar is, by reason of

illness, absence or any other cause, unable to perform the duties of his office, the duties of

the office shall be performed by such person as the Vice-Chancellor may appoint for the

purpose.

(5) (a) The Registrar shall have power to take disciplinary action against such of the

employees in respect of whom he is the appointing authority, and to suspend them pending

inquiry and, to impose upon them such penalty as he deem fit:

Provided that, till the provisions are made to provide for the procedure to be followed

for imposition of penalty, the procedure as provided in the Central Civil Services

(Classification, Control and Appeal) Rules, 1965 is followed.

(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar.

(6) The Registrar shall be ex-officio Secretary of the Executive Council and the

Academic Council, but shall not be deemed to be a member of any of these authorities and

he shall be ex-officio Member-Secretary of the Court.

(7) It shall be the duty of the Registrar—

(a) to be the custodian of the records, the common seal and such other property

of the University as the Executive Council shall commit to his charge;

(b) to issue all notices convening meetings of the Court, the Executive Council,

the Academic Council and of any Committee appointed by those authorities;

(d) to conduct the official correspondence of the Court, the Executive Council

and the Academic Council;

(e) to supply to the Visitor and the Chancellor copies of the agenda of the meetings

of the authorities of the University as soon as they are issued and the minutes of such

meetings;

(f) to represent the University in suits or proceedings by or against the University,

sign powers of attorney and verify pleadings or depute his representative for the purpose;

and

(g) to perform such other duties as may be specified in the Statutes, the Ordinances

or the Regulations or as may be required from time to time, by the Executive Council

or assigned to by the Vice-Chancellor.

7. (1) The Finance Officer shall be appointed by the Executive Council on the

recommendations of a Selection Committee constituted for the purpose and he shall be a

whole-time salaried officer of the University.

(2) The Finance Officer shall be appointed for a term of five years and shall be eligible

for reappointment.

Registrar

Finance

Officer.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) The emoluments and other terms and conditions of service of the Finance Officer

shall be such as may be prescribed by the Ordinances:

Provided that a Finance Officer shall retire on attaining the age of sixty-two years.

(4) When the office of the Finance Officer is vacant or when the Finance Officer is, by

reason of illness, absence or any other cause, unable to perform the duties of his office, the

duties of the office shall be performed by such person as the Vice-Chancellor may appoint

for the purpose.

(5) The Finance Officer shall be ex-officio Secretary of the Finance Committee but

shall not be deemed to be a member of such Committee.

(6) The Finance Officer shall—

(a) exercise general supervision over the funds of the University and shall advise

it as regards its financial policy; and

(b) perform such other financial functions as may be assigned to him by the

Executive Council or as may be prescribed by the Statutes or the Ordinances or the

Regulations.

(7) Subject to the control of the Executive Council, the Finance Officer shall—

(a) hold and manage the property and investments of the University including

trust and endowed property;

.(b) ensure that the limits fixed by the Executive Council for recurring and non-

recurring expenditure for a year are not exceeded and that all moneys are expended on

the purpose for which they are granted or allotted;

University and for their presentation to the Executive Council;

(d) keep a constant watch on the state of the cash and bank balances and on the

state of investments;

(e) watch the progress of the collection of revenue and advise on the methods of

collection employed;

(f) ensure that the registers of buildings, land, furniture and equipment are

maintained up-to-date and that stock-checking are conducted, of equipment and other

consumable materials in all Offices, Centres, Specialised Laboratories, Colleges and

Institutions maintained by the university;

(g) bring to the notice of the Vice-Chancellor unauthorised expenditure and

other financial irregularities and suggest disciplinary action against persons at fault;

and

(h) call for from any Office, Centre, Laboratory, College or Institution maintained

by the University any information or returns that he may consider necessary for the

performance of his duties.

(8) Any receipt given by the Finance Officer or the person or person duly authorized

in this behalf by the Executive Council for any money payable to the University shall be

sufficient discharge for payment of such money.

8. (1) The Controller of Examinations shall be appointed by the Executive Council on

the recommendations of a Selection Committee constituted for the purpose and he shall be a

whole-time salaried officer of the University.

(2) The Controller of Examinations shall be appointed for a term of five years and

shall-be eligible for re-appointment.

Controller of

Examinations.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(3) The emoluments and other terms and conditions of service of the Controller of

Examinations shall be such as may be prescribed by the Executive Council from time to

time:

Provided that the Controller of Examinations shall retire on attaining the age of sixty-

two years:

(4) When the office of the Controller of Examinations is vacant or when the Controller

of Examinations is, by reason of illness, absence or any other cause, unable to perform the

duties of his office, the duties of the office shall be performed by such person as the

Vice-Chancellor may appoint for the purpose.

(5) The Controller of Examinations shall arrange for and superintend the examinations

of the University in the manner prescribed by the Ordinances.

9. (1) The Librarian shall be appointed by the Executive Council on the

recommendations of the Selection Committee constituted for the purpose and he shall be a

whole-time salaried officer of the University.

(2) The Librarian shall exercise such powers and perform such duties as may be assigned

to him by the Executive Council.

10. (1) An annual meeting of the Court shall be held on a date to be fixed by the

Executive Council unless some other date has been fixed by the Court in respect of any year.

(2) At an annual meeting of the Court, a report on the working of the University during

the previous year, together with a statement of the receipts and expenditure, the balance-

sheet as audited, and the financial estimates for the next year shall be presented.

(3) A copy of the statement of receipts and expenditure, the balance-sheet and the

financial estimates referred to in clause (2) shall be sent to every member of the Court at

least seven days before the date of the annual meeting.

(4) Special meetings of the Court may be convened by the Executive Council or the

Vice-Chancellor.

(5) Eleven members of the Court shall form a quorum for a meeting of the Court.

11. Five members of the Executive Council shall form a quorum for a meeting of the

Executive Council.

12. (1) The Executive Council shall have the power of management and administration

of the- revenues and property of the University and the conduct of all administrative affairs

of the University not otherwise provided for.

(2) Subject to the provisions of this Act, the Statutes and the Ordinances, the Execuitve

Council shall, in addition to all other powers vested in it, have the following powers, namely:—

(i) to create teaching and other academic posts including Chairs to determine

the number and emoluments of such posts and to define the duties and conditions of

service of Professors, Associate Professors, Assistant Professors and other academic

staff:

Provided that no action shall be taken by the Executive Council in respect of the

number and qualifications of teachers and other academic staff otherwise than after

consideration of the recommendations of the Academic Council;

(ii) to appoint such Professors, Associate Professors, Assistant Professors and

other academic staff including Chairs, as may be necessary, on the recommendation of

the Selection Committee constituted for the purpose and to fill-up temporary vacancies

therein;

Librarian.

Meetings

Court.

Quorum for

meeting of

Executive

Council.

Powers and

faculties of

Executive

Council.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(iii) to promote interdisciplinary research by making joint appointments of

teaching staff in different Faculties, Departments and Centres;

(iv) to create administrative, ministerial and other posts and to define their duties

and conditions of their service and to make appointments to the posts for which it is

the appointing authority in the manner prescribed by the Ordinances;

(v) to grant leave of absence to any officer of the University other than the

Chancellor and the Vice-Chancellor;

(vi) to regulate and enforce discipline among employees in accordance with the

Statutes and the Ordinances;

(vii) to manage and regulate the finances, accounts, investments, property,

business and all other administrative affairs of the University and for that purpose to

appoint such agents as it may think fit;

(viii) to fix limits on the total recurring and the total non-recurring expenditure

for a year on the recommendation of the Finance Committee;

(ix) to invest any money belonging to the University, including any unapplied

income, in such stocks, funds, shares or securities, from time to time, as it may think

fit or in the purchase of immovable property in India, with the like powers of varying

such investment from time to time;

(x) to transfer or accept transfers of any movable or immovable property on

behalf of the University;

(xi) to provide buildings, premises, furniture and apparatus and other means

needed for carrying on the work of the University;

(xii) to enter into, vary, carry out and cancel contracts on behalf of the University;

(xiii) to entertain, adjudicate upon, and if thought fit, to redress any grievances

of the employees and students of the University who may, for any reason, feel aggrieved

by the order of the Vice-Chancellor;

(xiv) to appoint examiners and moderators and, if necessary, to remove them,

and to fix their fees, emoluments and travelling and other allowances, after consulting

the Academic Council;

(xv) to select a common seal for the University and provide for the custody and

use of such seal;

(xvi) to institute fellowships, scholarships, studentships, medals and prizes;

and to receive donations from the members of the general public and institutions,

with due acknowledgment for establishing a Chair by contributing at least rupees

one crore, in the name of the donor or in memory of any person desired; for creating

foundations, not below rupees one crore in the name of the donor or in memory of

any person desired; and for bearing the cost of any building or complex to the tune

of not below rupees one crore in the name of the donor or in memory of any person

desired;

(xvii) to provide for the appointment of Visiting Professors, Emeritus Professors,

Joint Faculty, Adjunct Faculty, Consultants and Scholars and determine the terms and

conditions of such appointments; and

(xviii) to exercise such other powers and perform such other duties as may be

conferred or imposed on it by the Act or the Statutes.

13. Seven members of the Academic Council shall form a quorum for a meeting of the

Academic Council.

Quorum for

Meetings of

Academic

Council.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

14. Subject to the provisions of this Act, the Statutes and the Ordinances, the Academic

Council shall, in addition to all other powers vested in it, have the following powers, namely:—

(a) to consider matters of general academic interest either on its own initiative

or on a reference by a Faculty or the Executive Council or the Court and to take

45 appropriate action thereon;

(b) to make arrangements through Ordinances for the instruction and examination

of persons other than those enrolled in the University;

and to give directions regarding methods of admission and instruction, co-ordination

of teaching among the colleges and the institutions, evaluation of research and

improvement of academic standards;

(d) to bring about and promote inter-faculty co-ordination and to establish or

appoint such committees or boards as may be deemed necessary for the purpose;

(e) to recognise diplomas or degrees and other Universities and Institutions and

to determine their equivalence in relation to the diplomas and degrees of the University;

(f) to fix, subject to any conditions accepted by the Executive Council, the time

mode and conditions of competition for fellowship, scholarships and other prizes, and

to award the same;

(g) to make recommendations to the Executive Council in regard to the

appointment of examiners and if necessary, their removal and fixation of their fees,

emoluments and travelling and other expenses;

(h) to make arrangements for the conduct of examinations and to fix dates for

holding them;

(i) to declare result of the various examinations, or to appoint committees or

officers to do so and to make recommendations regarding the conferment or grant of

degrees, honours, diplomas, titles and marks of honour;

(j) to award stipends, scholarships, medals and prizes and to make other awards

in accordance with the Regulations and such other conditions as may be attached to

the awards;

(k) to approve and publish syllabus or the prescribed courses of study and lists

of prescribed or recommended text books;

(l) to prepare such forms and registers as are, from time to time, prescribed by

Regulations; and

(m) to perform, in relation to academic matters, all such duties and acts as may

be necessary, for the fulfilment of the objects of this Act.

15. (1) The University shall have such Faculties as may be specified in the Statutes.

(2) Every Faculty shall have a Faculty Board and the members of the first Faculty

Board shall be nominated by the Executive Council for a period of three years.

(3) The composition, powers and functions of a Faculty Board shall be prescribed by

the Ordinances.

(4) The conduct of the meetings of a Faculty Board and the quorum required for such

meetings shall be prescribed by the Ordinances.

(5) (a) Every Faculty shall consist of such Departments as may be assigned to it by the

Statutes:

Provided that the Executive Council may, on the recommendation of the Academic

Council, establish Centres of Studies to which may be assigned such teachers of the University

as the Executive Council may consider necessary.

Powers and

facilities of

Academic

Council.

Faculties and

Departments.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(b) Each Department shall consist of the following members, namely:—

(i) Teachers of the Department;

(ii) Persons conducting research in the Department;

(iii) Dean of the Faculty;

(iv) Honorary Professors, if any, attached to the Department; and

(v) Such other persons as may be members of the Department in accordance

with the provisions of the Ordinances.

16. (1) Each Department shall have a Board of Studies.

(2) The constitution of the Board of Studies and the term of office of its members shall

be prescribed by the Ordinances.

(3) Subject to the overall control and supervision of the Academic Council, the functions

of a Board of Studies shall be to approve subjects for research for various degrees and other

requirements of research degrees and to recommend to the concerned Faculty Board in the

manner prescribed by the Ordinances—

(a) courses of studies and appointment of examiners for courses, but excluding

research degrees;

(b) appointment of supervisors for research; and

Provided that the above functions of a Board of Studies shall, during the period of

three years immediately after the commencement of the Act, be performed by the Department.

17. (1) The Finance Committee shall consist of the following members, namely:—

(i) the Vice-Chancellor;

(ii) the Pro-Vice-Chancellor;

(iii) one person to be nominated by the Court;

(iv) three persons to be nominated by the Executive Council, out of whom at

least one shall be a member of the Executive Council; and

(v) three persons to be nominated by the Visitor.

(2) Five members of the Finance Committee shall form a quorum for a meeting of the

Finance Committee.

(3) All the members of the Finance Committee, other than ex-officio members, shall

hold office for a term of three years.

(4) A member of the Finance Committee shall have the right to record a minute of

dissent if he does not agree with any decision of the Finance Committee.

(5) The Finance Committee shall meet at least thrice every year to examine the accounts

and to scrutinise proposals for expenditure.

(6) All proposals relating to creation of posts, and those items which have not been

included in the Budget, shall be examined by the Finance Committee before they are

considered by the Executive Council.

(7) The annual accounts and the financial estimates of the University prepared by the

Finance Officer shall be laid before the Finance Committee for consideration and comments

and thereafter submitted to the Executive Council for approval.

(8) The Finance Committee shall recommend limits for the total recurring expenditure

and the total non-recurring expenditure for the year, based on the income and resources of

the University (which, in the case of productive works, may include the proceeds of loans).

Board of

Studies.

Finance

Committee.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

18. (1) There shall be Selection Committees for making recommendations to the

Executive Council for appointment to the posts of Professor, Associate Professor, Assistant

Professor, Registrar, Finance Officer, Librarian and Principals of Colleges and Institutions

maintained by the University.

(2) The Selection Committee for appointment to the posts specified in Column 1 of

the Table below shall consist of the Vice-Chancellor, a nominee of the Visitor and the persons

specified in the corresponding entry in column 2 of the said Table:

TABLE

Professor

(i) The Dean of the Faculty.

(ii) The Head of the Department, if he is a Professor.

(iii) Three persons not in the service of the University, nominated

by the Executive Council, out of a panel of names recommended by

the Academic Council for their special knowledge of, or interest in,

the subject with which the Professor will be concerned.

Associate Professor

(i) The Head of the Department.

or Assistant Professor

(ii) One Professor nominated by the Vice-Chancellor.

(iii) Two persons not in the service of the University, nominated by

the Academic Council for their special knowledge of, or interest in,

the subject with which the Associate Professor or Assistant Professor

will be concerned.

Registrar or Finance

(i) Two members of the Executive Council nominated by it.

Officer

(ii) One person not in the service of the University nominated by

the Executive Council.

Librarian

(i) Two persons not in the service of the University who have special

knowledge of the subject of the Library Science or Library

Administration nominated by the Executive Council.

(ii) One person not in the service of the University nominated by

the Executive Council.

Principal of College

Three persons not in the service of the University of whom two shall

or Institution

be nominated by the Executive Council and one by the Academic

maintained by the

Council for their special knowledge of, or interest in, a subject

University

in which instruction is being provided by the College or Institution.

Note 1.—

Where the appointment is being made for an inter-disciplinary project, the head

of the project shall be deemed to be the Head of the Department concerned.

Note 2.—

The Professor to be nominated by the Vice-Chancellor shall be a Professor

concerned with the speciality for which the selection is being made and the

Vice-Chancellor shall consult the Head of the Department and the Dean of School

before nominating the Professor.

(3) The Vice-Chancellor, or on his authorisation the Pro-Vice-Chancellor, or the

Dean shall convene and preside over the meeting of the Selection Committee:

Provided that the meeting of the Selection Committee shall be fixed after prior

consultation with, and subject to the convenience of Visitor's nominee and the experts

nominated by the Executive Council:

Selection

Committees

and

appointments.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provided further that the proceedings of the Selection Committee shall not be valid

unless,—

(a) where the number of Visitor's nominee and the persons nominated by the

Executive Council is four in all, at least three of them attend the meeting; and

(b) where the number of Visitor's nominee and the persons nominated by the

Executive Council is three in all, at least two of them attend the meeting.

(4) The procedure to be followed by the Selection Committee shall be laid down in the

Ordinances.

(5) All the proceedings, right from occurrence of vacancy to selection of the applicants

by the Selection Committee shall be placed before the Executive Council by way of Agenda

Note circulated in advance along with the recommendations of the Selection Committee in

sealed cover for informed decision making by the Executive Council:

Provided that, if any complaint has been received on the same, it shall also be included

in the Agenda Note.

(6) On being satisfied with the selection process, the Executive Council may accept

the recommendations of the Selection Committee and shall appoint the person so selected

on such terms and conditions as it deems fit.

(7) If the Executive Council is unable to accept the recommendations made by the Selection

Committee, it shall record its reasons and submit the case to the Visitor for final orders.

(8) Appointments to temporary posts shall be made in the manner indicated below:—

(i) If the temporary vacancy is for duration longer than one academic session, it

shall be filled on the advice of the Selection Committee in accordance with the procedure

indicated in the foregoing clauses;

(ii) lf the temporary vacancy is for a period less than a year, an appointment to

such vacancy shall be made on the recommendation of a local Selection Committee

consisting of the Dean of the Faculty concerned, the Head of the Department and a

nominee of the Vice-Chancellor:

Provided that if the same person holds the offices of the Dean and the Head of the

Department, the Selection Committee may contain two nominees of the Vice- Chancellor;

(iii) No temporarily appointed teacher shall, if he is not recommended by a

regular Selection Committee for appointment under the Statutes, be continued in service

on such temporary employment.

19. (1) Notwithstanding anything contained in Statute 18, the Executive Council may

appoint a person of high academic distinction and professional attainments to accept a post

of Professor or Associate Professor or any other equivalent academic post in the University

on such terms and conditions as it deems fit:

Provided that the Executive Council may also create supernumerary posts for a specified

period for appointment of such persons:

Provided further that the number of supernumerary posts so created should not exceed

five per cent, of the total posts in the University.

(2) The Executive Council may appoint a teacher or any other academic staff working

in any other University or organisation for undertaking a joint project in accordance with the

manner laid down in the Ordinances.

20. (1) An authority of the University may appoint as many standing or special

Committees as it may deem fit, and may appoint to such Committees persons who are not

members of such authority.

(2) A Committee appointed under clause (1) may deal with any subject delegated to it

subject to subsequent confirmation by the authority appointing it.

Special Mode

appointment.

Committees.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

21. (1) All the teachers and other academic staff of the University shall, in the absence

of any agreement to the contrary, be governed by the terms and conditions of service and

code of conduct as are specified in the Statutes, the Ordinances and the Regulations.

(2) The emoluments of members of the academic staff shall be such as may be prescribed

by the Ordinances.

(3) On appointment, every teacher and member of the academic staff of the University

shall sign a contract, the form of which shall be prescribed by the Ordinances.

(4) A copy of every contract referred to in clause (3) shall be deposited with the Registrar.

22. (1) All the employees of the University, other than the teachers and other academic

staff shall, in the absence of any contract to the contrary, be governed by the terms and

conditions of service and code of conduct as are specified in the Statutes, the Ordinances

and the Regulations and until such Statutes, Ordinances and Regulations are made, the

provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965

shall apply.

(2) The manner of appointment and emoluments of employees, other than the teachers

and other academic staff; shall be such as may be prescribed by the Ordinances.

23. (1) Whenever, in accordance with the Statutes, any person is to hold an office or

be a member of an authority of the University by rotation according to seniority, such seniority

shall be determined according to the length of continuous service of such person in his grade

and a person in higher grade will be considered senior to a person in the lower grade.

(2) It shall be the duty of the Registrar to prepare and maintain in respect of each class

of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority

list in accordance with the provisions of clause (1).

(3) If two or more persons have equal length of continuous service in a particular

grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar

may, on his own motion and shall, at the request of any such person, submit the matter to the

Executive Council whose decision thereon shall be final.

24. (1) Where there is an allegation of misconduct against a teacher, a member of the

academic staff or other employee of the University and the authority competent to appoint

(hereinafter referred to as the appointing authority) is of the view that continuance of such

teacher, member of the academic staff, or other employee is not in the public interest or

detrimental to the fair conduct of the regular departmental enquiry, he may, by order in

writing, place such teacher, member of the academic staff or other employee, under

suspension:

Provided that if the appointing authority of such teacher, member of the academic

staff or other employee is the Executive Council, the Vice-Chancellor may, after recording

the facts and circumstances warranting suspension of such teacher, member of the academic

staff or other employee, suspend him and report the matter to the Executive Council within

three months' failing which the order shall stand revoked:

Provided further that after considering the report of the Vice-Chancellor, the Executive

Council may confirm or revoke the order.

(2) Notwithstanding anything contained in the terms of the contract of appointment or

of any other terms and conditions of service of the employees, the Executive Council in

respect of teachers and other academic staff, and the appointing authority in respect of other

employees, shall have the power to remove a teacher or a member of the academic staff or

other employee, as the case may be, on grounds of misconduct.

(3) Save as aforesaid, the Executive Council, or as the case may be, the appointing

authority, shall not be entitled to remove any teacher, member of the academic staff or other

employee except for a good cause and after giving three months' notice or on payment of

three months' salary in lieu thereof.

Terms and

Conditions of

service and

Code of

Conduct of the

teachers, etc.

Terms and

Conditions of

service and

Code of

Conduct of

Other

employees.

Seniority List.

Disciplinary

action against

employees of

the University

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(4) No teacher, member of the academic staff or other employee shall be removed

under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing

cause against the action proposed to be taken in regard to him.

(5) The removal of a teacher, member of the academic staff or other employee shall

take effect from the date on which the order of removal is made:

Provided that where the teacher, member of the academic staff or other employee is

under suspension at the time of his removal, such removal shall take effect from the date on

which he was placed under suspension.

(6) Notwithstanding anything contained in the foregoing provisions of this Statute, a

teacher, member of the academic staff or other employee may resign,—

(a) if he is a permanent employee, only after giving three months’ notice in

writing to the Executive Council or the appointing authority, as the case may be, or by

paying three months' salary in lieu thereof;

(b) if he is not a permanent employee, only after giving one month's notice in

writing to the Executive Council or, as the case may be, the appointing authority or by

paying one month's salary in lieu thereof:

Provided that such resignation shall take effect only on the date on which the resignation

is accepted by the Executive Council or the appointing authority, as the case may be.

25. (1) The Executive Council may, on the recommendation of the Academic Council

and by a resolution passed by a majority of not less than two-thirds of the members present

and voting, make proposals to the Visitor for the conferment of honorary degrees:

Provided that in case of emergency, the Executive Council may, on its own motion,

make such proposals.

(2) The Executive Council may, by a resolution passed by a majority of not less than

two-thirds of the members present and voting, withdraw, with the previous sanction of the

Visitor, any honorary degree conferred by the University.

26. The Executive Council may, by a special resolution passed by a majority of not

less than two-thirds of the members present and voting, withdraw any degree or academic

distinction conferred on, or any certificate or diploma granted to, any person by the University

for good and sufficient cause:

Provided that no such resolution shall be passed until a notice in writing has been

given to that person calling upon him to show cause within such time as may be specified in

the notice why such a resolution should not be passed and until his objections, if any, and

any evidence he may produce in support of them, have been considered by the Executive

Council.

27. (1) All powers relating to the maintenance of discipline and disciplinary action in

relation to the students of the University shall vest in the Vice-Chancellor.

(2) The Vice-Chancellor may delegate all or any of his powers referred to in clause (1),

as he deems proper, to a Pro-Vice-Chancellor and to such other officers as he may specify in

this behalf.

(3) Without prejudice to the generality of his powers relating to the maintenance of

discipline and taking such action, as may seem to him appropriate for the maintenance of

discipline, the Vice-Chancellor may, in exercise of such powers, by order, direct that any

student or students be expelled or rusticated, for a specified period, or be not admitted to a

course or courses of study in a College, Institution or Department or a Faculty of the University

for a stated period, or be punished with fine for an amount to be specified in the order, or be

debarred from taking an examination or examinations conducted by the University, College,

Institution or Department or a Faculty for one or more years, or that the results of the student

Honorary

degrees.

Withdrawal

of degrees,

etc.

Maintenance

of discipline

among

students of

Universities.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

or students concerned in the examination or examinations in which he or they have appeared

be cancelled.

(4) The Principals of Colleges, Institutions, Deans of Faculties and Heads of Teaching

Departments in the University shall have the authority to exercise all such disciplinary powers

over the students in their respective Colleges, Institutions, Faculties and Teaching Departments

in the University, as may be necessary for the proper maintenance of discipline in such

Colleges, Institutions, Faculties and Taching Departments.

(5) Without prejudice to the powers of the Vice-Chancellor and the Principal and

other persons specified in clause (4) detailed rules of discipline and proper conduct shall be

made by the University. The Principals of Colleges, Institutions, Deans of Faculties and

Heads of Teaching Departments in the University may also make such supplementary rules

as they deem necessary to the aforesaid purpose.

(6) At the time of admission, every student shall be required to sign a declaration to

the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and

other authorities of the University.

28. Convocations of the University for the conferring of degrees shall be held in such

manner as may be prescribed by the Ordinances.

29. Where no provision is made for a President or Chairperson to preside over a

meeting of any authority of the University or any Committee of such authority or when the

President or Chairperson so provided for is absent, the members present shall elect one from

among themselves to preside at such meeting.

30. Any member, other than an ex-officio member of the Court, the Executive Council,

the Academic Council or any other authority of the University or any Committee of such

authority may resign by letter addressed to the Registrar and the resignation shall take effect

as soon as such letter is received by the Registrar.

31. (1) A person shall be disqualified for being chosen as, and for being, a member of

any of the authorities, or being appointed as, and for being, an officer of the University if—

(i) he is of unsound mind; or

(ii) he is an undercharged insolvent; or

(iii) he has been convicted by a court of law of an offence involving moral

turpitude and Sentenced in respect thereof to imprisonment for not less than six months.

(2) If any question arises as to whether a person is or had been subjected to any of the

disqualifications mentioned in clause (1), the question shall be referred to the Visitor and his

decision shall be final and no other proceedings shall lie in any civil court against such

decision.

32. Notwithstanding anything contained in the Statutes, a person who is not ordinarily

resident in India shall not be eligible to be an officer of the University or a member of any

authority of the University.

33. Notwithstanding anything contained in the Statutes, a person who holds any post

in the University or is a member of any authority or body of the University in his capacity as

a member of a particular authority or body or as the holder of a particular appointment shall

hold such office or membership only for so long as he continues to be a member of that

particular authority or body or the holder of that particular appointment, as the case may be.

34. (1) There shall be an Alumni Association for the University.

(2) The subscription for membership of the Alumni Association shall be prescribed by

the Ordinances.

Convocations.

Acting

Chairman of

meetings.

Resignation.

Disqualifications.

Residence

condition for

membership

and office.

Membership

of authorities

by virtue of

membership of

other

authorities.

Alumni

Association.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) No member of the Alumni Association shall be entitled to vote or stand for elections

unless he has been a member of the Association for at least one year prior to the date of

election and is a degree holder of the University of at least five years standing:

Provided that the condition relating to the completion of one year's membership shall

not apply in the case of the first election.

35. (1) There shall be constituted in the University, a Student's Council for every

academic year, consisting of—

(i) twenty students to be nominated by the Academic Council on the basis of

merit in studies, sports and extra-curricular activities; and

(ii) twenty elected representatives of students in the manner prescribed by the

Ordinances.

(2) The Chairperson and other office bearers of the Council shall be elected by the

members of the Council in the manner prescribed by the Ordinances:

Provided that any student of the University shall have the right to bring up any matter

concerning the interest of the students before the Students' Council, if so permitted by the

Chairman, and he shall have the right to participate in the discussions at any meeting when

the matter is taken up for consideration.

(3) The functions of the Students' Council shall be to make suggestions to the appropriate

authorities of the University in regard to the programmes of studies, students' welfare and

other matters of interest to the students and such suggestions shall be made on the basis of

majority of the members present and voting.

(4) Twenty-one members shall form quorum of the meeting of the Council.

(5) The Students' Council shall meet at least twice in an academic year.

36. (1) The first Ordinances made under sub-section (2) of section 30 may be amended,

repealed or added to at any time by the Executive Council in the manner specified below.

(2) No Ordinance in respect of the matters enumerated in sub-section (1) of section 30

shall be made by the Executive Council unless a draft of such Ordinance has been proposed

by the Academic Council.

(3) The Executive Council shall not have power to amend any draft of any Ordinance

proposed by the Academic Council under clause (2), but may reject the proposal or return

the draft to the Academic Council for re-consideration, either in whole or in part, together

with any amendment which the Executive Council may suggest.

(4) Where the Executive Council has rejected or returned the draft of an Ordinance

proposed by the Academic Council, the Academic Council may consider the question afresh

and in case the original draft is reaffirmed by a majority of not less than two-thirds of the

members present and voting and more than half the total number of members of the Academic

Council, the draft may be sent back to the Executive Council which shall either adopt it or

refer it to the Visitor whose decision shall be final.

(5) Every Ordinance made by the Executive Council shall come into effect immediately.

(6) Every Ordinance made by the Executive Council shall be submitted to the Visitor

within two weeks from the date of its adoption.

(7) The Visitor shall have the power to direct the University to suspend the operation

of any such Ordinance and he shall, as soon as possible, inform the University about his

objection to the proposed Ordinance.

(8) The Visitor may, after receiving the comments of the University, either withdraw

the order suspending the Ordinance or disallow the Ordinance, and his decision shall be

final.

Students’s

Council.

Ordinances

how to be

made.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

37. (1) The authorities of the University may make Regulations consistent with the

Act, the Statutes and the Ordinances for the following matters, namely:—

(i) laying down the procedure to be observed at their meetings and the number

of members required to form a quorum;

(ii) providing for all matters which are required by the Act, the Statutes or the

Ordinances to be prescribed by Regulations;

(iii) providing for all other matters solely concerning such authorities or

committees appointed by them and not provided for by the Act, the Statutes or the

Ordinances.

(2) Every authority of the University shall make Regulations providing for the giving

of notice to the members of such authority of the dates of meetings and of the business to be

considered at meetings and for the keeping of a record of the proceedings of meetings.

(3) The Executive Council may direct the amendment in such manner as it may specify,

of any Regulation made under the Statutes or the annulment of any such Regulation.

38. Subject to the provisions of the Act and the Statutes, any officer or authority of the

University may delegate his or its powers to any other officer or authority or person under

his or its respective control and subject to the condition that overall responsibility for the

exercise of the powers so delegated shall continue to vest in the officer or authority delegating

such powers.

Regulations.

Delegation of

powers.

100

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Education is considered as prime driving force in elevating the status of women and it

is Government's commitment to ensure gender parity in all spheres of life. The making of

quality education, available to everyone is the most fundamental basis for advancing gender

equality and women's empowerment. Armed with such an education, and the self-confidence

that comes with it, there is no limit to what women can do-provided they have equal access

to job and career opportunities and the determination to make positive changes in the country.

2. There are some State Universities and Institutions deemed to be Universities which

cater exclusively to women students, but there is no Central University exclusively for women

in the country. In the 12th Five Year Plan while the focus is on consolidation of the existing

institutions, there is no provision for new Central Universities to address the social gap. The

University shall be established exclusively for women with an objective to provide for

necessary support and supplement the efforts of the Government in women's empowerment

by giving them increased access to higher education and research. The proposed women's

University will cut across social and religious categories and facilitate girls from disadvantaged

sections to enter into higher education.

3. Establishment of a Central University for women would have a multiplier effect on

availability of empowered women in all walks of life. As a model Central University for

women, it will create standards of excellence to be followed by others. Such a Central

University will help in the fight to overcome discrimination and change perceptions about

what women can and should do.

4. The Bill seeks to achieve the above objectives.

NEW DELHI;

November 13, 2015.

UDIT RAJ

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

101

FINANCIAL MEMORANDUM

Clause 3 of the Bill seeks to establish a new Central University as a body corporate to

be known as the Savita Ambedkar National University for Women in the North-West district

of Delhi. After enactment of the Bill, the Vice Chancellor will be appointed, who will prepare

the Vision Document and the Draft Project Report under the guidance of the statutory

authorities of the University. The actual financial requirements of the University will be

worked out on the basis of the Draft Project Report. It is expected that the proposed University

would require about rupees five hundred crore during the next Plan period. The expenditure

would be met from the Consolidated Fund of India through the University Grants Commission

under the budgetary provisions of the Ministry of Human Resource Development.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

1. Clause 29 of the Bill provides that the first Statutes are those set out in the Schedule to

the Bill. It also empowers the Executive Council of the University to make new or additional

Statutes or to amend or repeal the Statutes of the university subject to the assent of the Visitor.

2. Sub-Clause (5), of the aforesaid clause empowers the Visitor also to make new or

additional Statutes or amend or repeal the Statutes of the University during the period of five

years immediately after the commencement of the Act.

3. Sub-Clause (6) further empowers the Visitor to direct the University to make

provisions in the Statutes in respect of any matter specified by him and if the Executive

Council is unable to implement such direction within sixty days of its receipt, the Visitor

may, after considering the reasons, if any, communicated by the Executive Council for its

inability to comply with such direction, make or amend the Statutes suitably. The matters in

respect of which the Executive Council and the Visitor may make, amend or repeal Statutes

include the constitution, powers and functions of the authorities and other bodies of the

University, the appointment of officers and teachers of the university, the conditions of service

of employees of the University and other such matters.

4. Sub-Clause (2) of clause 30 of the Bill empowers the Vice-Chancellor to make the

first Ordinances of the University with the previous approval of the Central Government and

provides that the Ordinances so made may be amended, repealed or added to at any time by

the Executive Council in the manner prescribed by the Statutes. The matters in respect of

which Ordinances may be made, or as the case may be, amended, repealed or added to,

relate to admission of students, courses of study, medium of instruction and examination, the

manner of co-operation and collaboration with other Universities, institutions and other

agencies, the setting up of a machinery for redressal of grievances of employees and other

such matters.

5. Clause 31 of the Bill enables the authorities of the University to make Regulations,

consistent with this Act, the Statutes and the Ordinances for the conduct of their own business

and that of the Committees, if any, appointed by them and not provided for by this Act, the

Statutes or the Ordinances, in the manner prescribed by the Statutes.

6. Clause 45 empowers the Central Government, by order published in the Official

Gazette, to make provisions to remove certain difficulties, which may appear to be necessary

or expedient and such an order is not to be made after the expiry of a period of three years

from the commencement of the Act and such order shall be laid before each House of

Parliament.

7. Clause 46 provides that every Statute, Ordinance or Regulation made under the Act

shall be published in the Official Gazette and they shall be laid before each House of

Parliament.

8. The matters for which the Statutes, Ordinances or Regulations may be made pertain

to matters of procedure or detail and it is not possible to provide for them in the Bill. The

delegation of legislative powers is, therefore, of normal character.

102

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 254 OF 2015

A Bill to provide for free educational and hostel facilities upto post graduation level for

the students belonging to the Scheduled Castes, the Scheduled Tribes and

economically weaker class and for matters connected therewith.

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 Free Educational and Hostel Facilities to Students

Belonging to the Scheduled Castes, the Scheduled Tribes and Economically Weaker Class

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.

Short title,

extent and

commence-

ment.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

103

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) “economically weaker class student” means a student whose family income

from all sources is not more than rupees twenty thousand per annum;

imparting higher education including medical and technical education, recognized

by the Government or established under an Act of the Central Government or a

State Government; and

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

3. Every educational institution shall provide free education to students belonging to

the Scheduled Castes, the Scheduled Tribes and economically weaker class for a period of

six years from the date of his enrollment in such institution or till the completion of the

course of study, whichever is earlier, in such manner as may be prescribed.

Explanation.—For the purpose of this section, free education includes,—

(a) all expenses incurred on admission and tuition fees;

(b) provision of books and stationery items free of cost; and

4. The appropriate Government shall provide free hostel facilities to students belonging

to the Scheduled Castes, the Scheduled Tribes and economically weaker class, in such

manner, as may be prescribed.

5. The appropriate Government shall establish and maintain or cause to be established

or maintained adequate number of hostels, at such places and in such manner as may be

prescribed, within its territorial jurisdiction.

6. 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 with in this Act.

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 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 previsoulsy done under

that rule.

Definitions.

Free

educational

facilities for

students

belonging to

certain

categories.

Free hostel

facilities.

Establishment

of adequate

number of

hostels.

Power to make

rules.

Act not in

derogation of

other laws.

104

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

In our country even after more than sixty years of independence, most of the students

belonging to the Scheduled Castes, the Scheduled Tribes and economically weaker class

are not able to afford even their school education leave alone university level education.

The poorest among them are not able to go even to primary schools and remain illiterate

and thus continue to get exploited in the society. The Government provides free school

education to them but that is not enough. After completion of school education when they

go to the college or university, it is beyond their reach to pay either the tuition fee or the

hostel charges. Medical and Engineering students have to stay in hostels which are very

expensive and students belonging to these categories cannot afford cost of staying in the

hostels. This compels even the brightest students among them to opt out from higher

education.

In some cases their tuition fee is exempted but that is not enough. Therefore, it is

necessary that students belonging to the Scheduled Castes, the Scheduled Tribes and

economically weaker class are provided free education and hostel facilities to enable them

to pursue their higher education.

Hence this Bill.

NEW DELHI;

UDIT RAJ

November 13, 2015.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

105

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for free educational facilities to the students belonging

to the Scheduled Castes, the Scheduled Tribes and economically weaker class. Clause 4

provides for free hostel facilities for students belonging to the Scheduled Castes, the

Scheduled Tribes and economically weaker class. Clause 5 provides for establishment of

adequate number of hostels. The Bill, therefore, if enacted, will involve expenditure from

the Consolidated Fund of India. A recurring expenditure of rupees one hundred crore is

likely to be involved per annum.

A non-recurring expenditure of rupees one hundred 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 power is of a normal character.

106

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[PART II—

BILL NO. 255 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. This Act may be called the Constitution (Amendment) Act, 2015.

2. In article 124 of the Constitution, in clause (1), the following proviso shall be

added at the end, namely:—

"Provided that one-third of such Judges shall be appointed from amongst persons

belonging to the Scheduled Castes and the Scheduled Tribes.".

3. In article 216 of the Constitution, the following proviso shall be added at the end,

namely:—

"Provided that one-third of such Judges shall be appointed from amongst persons

belonging to the Scheduled Castes and the Scheduled Tribes.".

Short title.

Amendment of

article 124.

Amendment of

article 216.

SEC. 2]

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107

STATEMENT OF OBJECTS AND REASONS

The Scheduled Castes and the Scheduled Tribes have been considered as the weakest

sections of the society for ages. They have been ill treated, insulted and ignored.

Many steps taken by the Government to improve their standard of living have shown

some results. Provisions have been made for reservation in their favour in Government jobs

and also in educational institutions. However, their representation is limited. Demands have

been made from several quarters for reservation in favour of the persons belonging to the

Scheduled Castes and the Scheduled Tribes in judiciary also. As such, it is proposed to

amend the Constitution with a view to making provisions for reservation in favour of persons

belonging to the Scheduled Castes and the Scheduled Tribes in the Supreme Court and in

High Courts.

Hence this Bill.

NEW DELHI;

UDIT RAJ

November 13, 2015.

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[PART II—

BILL NO. 132 OF 2015

A Bill to provide for the establishment of a permanent Bench of the Supreme Court of India

at Aurangabad.

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 Supreme Court of India (Establishment of a Permanent

Bench at Aurangabad) Act, 2015.

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

in the Official Gazette, appoint.

2. There shall be established a permanent Bench of the Supreme Court of India at

Aurangabad and such number of Judges of the Supreme Court of India, being not less than

eleven, as the Chief Justice of India may, from time to time, with the approval of the President,

nominate, shall sit at Aurangabad in order to exercise the jurisdiction and power for the time

being vested in the Supreme Court of India in respect of cases arising in the States of Kerala,

Tamil Nadu, Andhra Pradesh, Karnataka, Odisha, Madhya Pradesh, Chhattisgarh, Jharkhand,

Goa and Maharashtra and the Union territories of Puducherry, Dadra and Nagar Haveli,

Lakshadweep and Andaman and Nicobar Islands and such other territories as may be notified

by the Central Government, from time to time, with approval of the Chief Justice of India.

Short title and

commence-

ment.

Establishment

of a Permanent

Bench of

Supreme Court

of India at

Aurangabad.

SEC. 2]

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STATEMENT OF OBJECTS AND REASONS

India is the seventh largest country in the world in terms of area. It is the second most

populous country next to China. However, the seat of the Supreme Court of India is at Delhi

to decide cases arising in whole of the country. Article 130 of the Constitution provides that

the Supreme Court of India shall sit in Delhi or in such other place or places, as the Chief

Justice of India, may, with the approval of the President, from time to time, appoint. The

language of article 130 clearly indicates that the intention of the founding fathers of the

Constitution was to have more than one seat of the Supreme Court. But so far no thought has

been given to the idea of having another Bench of the apex court despite the fact that the

population of the country which was around 35 crore at the time of independence has now

swollen to over 120 crore and there is proportionate increase in the cases in the Supreme

Court. Litigant public has to travel thousands of kilometers to follow-up their cases in the

Supreme Court which is seated in Delhi. This not only adds to financial burden but also

result in wastage of a lot of time in travelling and staying in Delhi. The litigants in southern

and central part of the country find it inconvenient and expensive. Therefore, it is high time

that a Bench of the Supreme Court of India be established for the convenience of the public

at large for which Aurangabad is the most appropriate place.

Geographically, Aurangabad is the most ideal place for setting up the Bench of the

apex court as it is almost at the centre of the country. A Bench of the Supreme Court of India

at Aurangabad will provide a big relief to the litigant public of southern as well as the central

part of the country and will provide them convenient and affordable justice.

Hence this Bill.

NEW DELHI;

CHANDRAKANT KHAIRE

April 7, 2015.

—–——

PRESIDENT’S RECOMMENDATION UNDER ARTICLES

117(1) AND 117(3) OF THE CONSTITUTION

—–——

[Copy of letter No. K-15019/5/2015-US. 1 dated 1 July, 2015 from Shri D.V. Sadananda

Gowda, Minister of Law and Justice to the Secretary General, Lok Sabha]

The President, having been informed of the subject matter of the Supreme Court

(Establishment of a Permanent Bench at Aurangabad) Bill, 2015 by Shri Chandrakant Khaire,

M.P., recommends the introduction of the Bill under article 117(1) and consideration under

article 117(3) of the Constitution, in Lok Sabha.

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[PART II—

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

(a) "anganwadi" means an anganwadi centre set up under Integrated Child

Development Services Scheme of the Central Government;

(b) "anganwadi worker" means any person working in an anganwadi and includes

anganwadi helper; and

3. (1) The Central Government shall, by notification in the Official Gazette, take steps

to regularise the services of anganwadi workers and confer the status of Group "D" employees

of the Government on all such anganwadi workers who are serving in anganwadi centres

immediately before the commencement of this Act.

(2) Every anganwadi worker whose service has been regularised shall be entitled to

such tenure, terms and conditions of service including remuneration, leave, provident fund,

retirement and other terminal benefits as are available to Group "D" employees under the

Central Government.

4. The Central Government shall take steps to provide accommodation to all anganwadi

workers within the vicinity of their workplace.

5. 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 may appear to be necessary for removing the

difficulty.

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

provisions of any other law for the time being in force.

7. (1) The Central Government may 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

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.

Regularisation

of services of

anganwadi

workers.

Accommoda-

tion to

anganwadi

workers.

Power of

Central

Government to

remove

difficulties.

Savings.

Power to

make rules.

Definitions.

SEC. 2]

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STATEMENT OF OBJECTS AND REASONS

Anganwadi centres were started in the country by the Central Government for

implementation of the Integrated Child Development Services Scheme which includes women

literacy, health awareness and child welfare schemes. These anganwadi centres are

contributing a lot to the development of society in rural and remote areas for the last many

years. Anganwadi workers are properly performing the work of dissemination, publicity and

implementation of various schemes of the Government in rural areas. In view of the importance

of services provided in these anganwadi centres, the strength of anganwadi workers has

increased from 8 lakh to 14 lakh in the country. However, these anganwadi workers do not

have any job security and are paid paltry sum as honorarium for their work. This may adversely

affect the working of these anganwadi workers.

It is improper to pay very low remunerations to anganwadi workers who are working

as an important chain between the Government and the people at village level for effective

implementation of women and children related welfare schemes. Therefore, the services of

these workers should be recognized and they should be given the status of 'Group D' employees

of the Government.

Hence this Bill.

NEW DELHI;

A. T. NANA PATIL

July 6, 2015.

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FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for regularisation of services of anganwadi workers and

other benefits to them analogous to the Group "D" employees of the Central Government.

Clause 4 provides for the provision of accommodation to the anganwadi workers within the

vicinity of their workplace. The Bill, therefore, if enacted, would involve expenditure from

the Consolidated Fund of India. A recurring expenditure of about rupees five thousand crore

is likely to be incurred.

A non-recurring expenditure of about rupees five hundred 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 power is of a normal character.

SEC. 2]

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BILL NO. 329 OF 2015

A Bill further to amend the Representation of the People (Amendment) Act, 1951.

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

1. This Act may be called the Representation of the People (Amendment) Act, 2015.

2. In section 30 of Representation of the People Act, 1951,—

(i) in clause (d), for the words "fourteenth day", the words "seventh day" shall

be substituted; and

(ii) after clause (e), the following proviso shall be added at the end, namely:—

"Provided that where a general election is to be held for the purpose of

constituting a new Legislative Assembly of only one State, the poll shall be held

on a single day.".

Short title.

Amendment of

Section 30.

43 of 1951.

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[PART II—

STATEMENT OF OBJECTS AND REASONS

At present, election to fill up a seat in Legislative Assembly or Parliament can be held

only after fourteenth day from the date of withdrawal of nominations. This period appears to

be a long gap and money power and muscle power could play its dirty role in the elections.

Moreover, it has been seen that many a times non-serious candidates are also in the fray due

to reasons best known to them. It is felt that elections should be held immediately after the

last date for the withdrawal is over in order to ensure free and fair polls. Therefore, it is

proposed to curtail the waiting period of fourteen days for elections to seven days.

It has been observed that elections to Parliament or Assemblies of States are held in

different phases i.e. scattered and not held on a single date. This results in channelization of

energy of bureaucrats and others in election process leading to complete stoppage of even

routine work in the State. Moreover, if enough time is given, it leads to unnecessary

expenditure, irregularities, hatred and tension. If the poll is held on a single date, all these

things could be avoided. Intention behind holding of polls in different phases may be

deployment of security forces in order to ensure peaceful election. However, to start with, if

general election is held to fill up seats in the Legislative Assembly of only one State, poll

must be held on a single day by deploying adequate security forces.

This Bill seeks to achieve the above objective.

NEW DELHI;

RAHUL SHEWALE

November 13, 2015.

SEC. 2]

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BILL NO. 330 OF 2015

A Bill further to amend the Right of Children to Free and Compulsory Education

Act, 2009.

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 Right of Children to Free and Compulsory Education

(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 section 2 of the Right of Children to Free and Compulsory Education Act, 2009

(hereinafter referred to as the principal Act),—

(i) clause (f) shall be omitted; and

Short title and

commencement.

Amendment of

section 2.

35 of 2009.

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[PART II—

(ii) after clause (o), the following clause shall be inserted, namely:—

'(oa) "secondary education" means the education from first class to tenth

class;'.

3. In the principal Act,—

(i) for the words "fourteen years" wherever they occur, the words "sixteen years"

shall be substituted; and

(ii) for the words "elementary education" wherever they occur, the words

"secondary education" shall be substituted.

4. In the Schedule to the principal Act,—

(i) in entry 1, in column (2), under the heading 'Item', for the words "eighth

class", the words "tenth class" shall be substituted; and

(ii) in entry 3, in column (3), under the heading 'Norms and Standards' after

"(iv) one thousand instructional hours per academic year for sixth class to eighth class."

the figures and words "(v) one thousand and two hundred instructional hours per

academic year for ninth and tenth class." shall be inserted.

Substitution of

references to

certain

expressions by

certain other

expressions.

Amendment of

the Schedule.

SEC. 2]

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STATEMENT OF OBJECTS AND REASONS

After our independence, Right of Children to Free and Compulsory Education Act,

2009 is one of the most important legislation. The Act was enacted considering a heavy

drop out of children from school due to various reasons. One of the reasons that was attributed

is the financial condition of the parents and another was that the parents were not willing to

send their children to schools but instead engage them in gainful employment in order to

meet both ends. After enactment of the Act there has been a considerable decrease in the

drop out of children from the schools. The Act is achieving its purpose very well and is high

time that the ambit of the Act be extended upto secondary education. Since almost every

school has necessary infrastructure to impart education upto tenth class, or even twelfth

class, there is no reason why children are not given free education upto secondary education.

This Bill seeks to achieve the above objective.

NEW DELHI;

RAHUL SHEWALE

November 13, 2015.

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[PART II—

(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) “establishment” means an establishment which is owned, established,

controlled, managed or financed by the Central Government and includes—

(i) a Ministry or department or subordinate office or attached office of

the Central Government;

(ii) a public sector undertaking or statutory authority constituted under

any Central Act;

(iii) a corporation in which not less than fifty-one per cent. of the paid-up

share capital is held by the Central Government;

(iv) a Government company as defined under clause (45) of section 2 of

the Companies Act, 2013; and

(v) an autonomous body, organisation or institution receiving grant or

aid from the Consolidated Fund of India;

(b) "person belonging to economically weaker section" means a person whose

annual income does not exceed rupees six lakhs per annum and is not covered under

any of the scheme of reservation and who does not belong to the Scheduled Castes,

the Scheduled Tribes or the Other Backward Classes; and

3. (1) There shall be reserved such percentage of posts, not below ten per cent. of

total posts in every establishment, for persons belonging to economically weaker section

for appointment in civil services by direct recruitment.

(2) The vacancies reserved for the persons living below poverty line under

sub-section (1) shall be filled in such manner as may be prescribed.

4. The provisions of this Act shall have effect notwithstanding anything contained in

any other law for the time being in force or any judgement, decree, order or direction of a

court to the contrary regarding ceiling on reservation.

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

rules for carrying out the purposes of the 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.

Definitions.

Reservation of

posts

establishments

for

persons

belonging to

economically

weaker section.

Over-riding

effect of the

Act.

Power

make rules.

18 of 2013.

SEC. 2]

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STATEMENT OF OBJECTS AND REASONS

At present, reservation is provided to persons belonging to certain castes and tribes.

Though it is an historical fact that the persons belonging to the Scheduled Castes and the

Scheduled Tribes were oppressed for centuries, yet, now with the constitutional guarantee

of reservation in services under the State and other welfare schemes by the successive

Governments, their standard of living has improved to some extent.

However, the persons belonging to economically weaker section with no assistance

or security from any Government are living in a miserable condition. They cannot afford

higher education. Therefore, it is proposed to provide for reservation of vacancies in posts

and services in establishments under the Central Government in favour of persons belonging

to the economically weaker section.

Hence this Bill.

NEW DELHI;

RAHUL SHEWALE

November 13, 2015.

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[PART II—

3. In article 340 of the Constitution,—

(i) in clause (1), after the words "steps that should be taken by the Union or any

State", the words "for the purposes of clauses (4) and (5) of article 15 and clause (4) of

article 16" shall be inserted; and

(ii) after clause (2), the following clauses shall be inserted, namely:—

"(2A) It shall be the duty of the Commission to—

(a) investigate and monitor all matters relating to the safeguards

provided for the backward classes under the Constitution or under any

other law for the time being in force or under any order of the Government

of India or a State and to evaluate the working of such safeguards;

(b) inquire into specific complaints of deprivation of rights and

safeguards of the backward classes;

development of the backward classes and to evaluate the progress of their

development under the Union and any State;

(d) present to the President, annually and at such other times, as the

Commission may deem fit, reports upon the working of those safeguards;

(e) make in such recommendations as to the measures that should

be taken by the Union or any State for the effective implementation of

safeguards and other measures for the protection, welfare and socio-

economic development of the backward classes; and

(f) discharge such other functions in relation to the protection,

welfare, development and advancement of the backward classes as the

President may, subject to the provisions of any law made by Parliament,

by rule specify.

(2AA) The Commission shall, while investigating any matter referred to

in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of

clause (2A), have all the powers of a civil court trying a suit and in particular in

respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person from

any part of India and examining him on oath;

(b) requiring the discovery and production of any document;

(d) requisitioning any public record or copy thereof from any court

or office;

(e) issuing commissions for the examination of witnesses and

documents;

(f) any other matter which the President may, by rule, determine.".

Amendment of

article 340.

SEC. 2]

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STATEMENT OF OBJECTS AND REASONS

Article 340 of the Constitution provides for the appointment of a Commission to

investigate the conditions of Backward Classes in the country. The Commission so appointed

by the order of the President is constituted to investigate the conditions of socially and

educationally Backward Classes and the difficulties under which they labour and 'to make

recommendations as to the steps that should be taken by the Union or any State' to remove

such difficulties and to improve their condition.

Article 15(4), as an enabling provision, allows the State, as defined by the Constitution,

to make special provisions for the advancement of any 'socially and educationally' backward

classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 15(5) allows

the State to make special provisions in relation to their admission to educational institutions,

including private and aided or unaided institutions other than minority institutions as referred

to in article 30(1).

Article 16(4) allows the State to make any provisions for the reservation of appointments

or posts in favour of any backward class of citizens, which in the opinion of the State, is not

adequately represented in the services under the State.

The Constitution while allowing the State these special provisions for the advancement

of Backward Classes does not clarify the limitations or the scope of the Commission that is

to be appointed under article 340 and hence it is important to ensure that the scope and

constitutional limitations of the Commission be specified in the article 340 itself. This is to

ensure the integrity and consistency of the Constitution as a whole with respect to the intent

of the framers of the Constitutions regarding the advancement of the Backward Classes and

to allow for the uniform interpretation and implementation of the objectives as enshrined in

sovereign document as a whole.

The Constitution under Articles 338 and 338A empowers the National Commission

for the Scheduled Castes and the National Commission for Scheduled Tribes to look into the

grievances of Scheduled Castes and Scheduled Tribes respectively. However, similar powers

have not been provided to the National Commission for Backward Classes (NCBC) that

draws its powers from article 340 of the Constitution. Hence, it is important to ensure that

the interests and grievances of all classes of citizens are represented and addressed, while

ensuring equality of powers between the different arms of Government that have been

entrusted with similar duties. Hence, it is imperative that the amendments as proposed to

empower the NCBC to look into the grievances of persons of Other Backward Classes be

undertaken.

Hence this Bill.

NEW DELHI;

P.P. CHAUDHARY

November 13, 2015.

SEC. 2]

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STATEMENT OF OBJECTS AND REASONS

The Constitution prohibits discrimination on the grounds of religion, race, caste, sex

or place of birth and provides for equality of opportunity in matters of public employment.

It also allows the State to make certain provisions for the advancement of persons belonging

to the backward classes or for the Scheduled Castes and the Scheduled Tribes.

Article 15(4) of the Constitution allows the State to make special provisions for the

advancement of any ‘socially and educationally’ backward classes of citizens or for the

Scheduled Castes and the Scheduled Tribes. Article 15(5) allows the State to make special

provisions, by law, for advancement of persons belonging to the backward classes or for the

Scheduled Castes and the Scheduled Tribes in relation to their admission to educational

institutions, including private and aided or unaided institutions other than minority institutions

as referred to in article 30(1).

Article 16(4) allows the State to make any provisions for the reservation of appointments

or posts in favour of any backward class of the citizens, which in the opinion of the State, is

not adequately represented in the services under the State.

It may be seen that under articles 15(4) and (5) of the Constitution, the State can make

any special provision for advancement of any socially and educationally backward classes

of the citizens or for the Scheduled Castes and the Scheduled Tribes, whereas under

article 16(4), the State can make any provision for reservation of appointments or posts in

favour of any backward class of citizens which, in the opinion of the State, is not adequately

represented in the services under the State. Article 16(4) is a broader constitutional provision

for the representation of backward classes whereas article 15(4) and (5) restrict to socially

and educationally backward classes of citizens. This divergence goes against the Constitutional

principles of equality as the opportunities that are made available to all classes and sub-

groups of people by the State should be equal, without elevating one sub-group over the

other. Hence, it is imperative that opportunities in services under the State under article

16(4) of the Constitution should also be provided on the basis of the same parameters to

Backward Classes as are provided in the matters of admission and other means of advancement

under article 15(4) and (5) of the Constitution. A different set of parameters should not be

used for the advancement of the same classes. The proposed amendment is also important in

light of the fact that article 16(4) in its current form is too broad and allows scope for misuse.

It also brings a number of people under its purview that may not in fact be deserving for

availing benefits of reservation under above mentioned articles of the Constitution. It is

important that benefits that are provided to the persons belonging to the backward classes

should reach to those who deserve the most and such a criterion can only be established

when those who are socially and educationally backward are given priority. The limited

resources of the State must be apportioned for the benefits of those who deserve and require

them the most and for this purpose this Bill has proposed an amendment in article 16(4) of

the Constitution.

Hence this Bill.

NEW DELHI;

P.P. CHAUDHARY

November 13, 2015.

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BILL NO. 299 OF 2015

A Bill to amend the National Commission for Backward Classes Act,1993.

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 National Commission for Backward Classes

(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 section 1 of the National Commission for Backward Classes Act, 1993 (hereinafter

referred to as the principal Act), in clause (1), for the words "National Commission for

Backward Classes", the words "National Commission for Welfare of Backward Classes"

shall be substituted.

Amendment of

section 1.

Short title and

commencement.

27 of 1993.

SEC. 2]

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131

3. In section 2 of the principal Act,—

(i) after clause (a), the following clause shall be inserted, namely:—

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

of a State and in all other cases the Union Government;"

(ii) for clause (c), the following clause shall be substituted, namely:—

"(c) "lists" means lists prepared by the Government of India from time to

time for article 16(4) of the Constitution and making provision for the reservation

of appointments or posts in favour of backward classes of citizens which, in the

opinion of that Government, are not adequately represented in the services under

the Government of India and any local or other authority within the territory of

India or under the control of the Government of India and also includes those

that deal with the making of any special provisions for the advancement of any

socially and educationally backward classes of citizens for article 15(4) of the

constitution or relating to the advancement of such classes of citizens in their

admission to educational institutions, including private educational institutions,

whether aided or unaided by the State, other than the minority educational

institutions referred to in clause (1) of article 30 of the Constitution for article

15(5) of the Constitution and such lists scope is to be limited by the applicability

of articles 15(4) and (5) and 16(4) of the Constitution.".

4. In section 3 of the principal Act, in sub-section (2), for clauses (b) and (c), the

following clauses shall be substituted, namely:—

"(b) two social scientists;

classes; and".

5. In section 8 of the principal Act, for sub-section (2), the following sub-section shall

be substituted, namely:—

"(2) The Commission shall follow at its sittings such procedure as may be

prescribed by the Central Government.".

6. For section 9 of the principal Act, the following section shall be substituted,

namely:—

"9. (1) The Commission shall examine requests for inclusion of any class of

citizens as a backward class in the lists and hear complaints of the exclusion or against

the inclusion of any backward class in such lists and tender such advice to the Central

Government as it deems appropriate.

(2) The recommendations of the Commission shall ordinarily be binding upon

the Central Government:

Provided that it shall not be necessary to consult the Commission if a

community/class of citizens has already been declared as "Backward" by the

appropriate Government and the Central or State Government may declare such

declared community/class of citizen as "Backward" and include it in its list of

Backward Classes which in the opinion of the appropriate Government is not

adequately represented in the services under it, for the purpose of article 16(4)

of the Constitution:

Provided further that the appropriate Government may also make

provisions for the advancement of socially and educationally Backward Classes

or for the admission of socially and educationally Backward Classes to

educational institutions in line with existing limitations without necessary

consulting the Commission if the Central or State Government has already

included the group of citizens in its list of Backward Classes in line with article

15(4) and (5) of the Constitution.".

Amendment of

section 2.

Amendment

of section 3.

Amendment

of section 8.

Substitution of

new section for

section 9.

.Functions of

the

Commission.

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[PART II—

STATEMENT OF OBJECTS AND REASONS

The National Commission for Backward Classes (NCBC) was constituted as a

permanent body for entertaining, examining and making recommendations with regards

to claims against the exclusion or against the inclusion of classes in the list of OBCs

for the purpose of article 16(4) of the Constitution. The NCBC was constituted by the NCBC

Act, 1993 which was legislated after the Supreme Court of India's Judgment, dated 16/11/1992

in the Writ Petition (Civil) No. 930 of 1990—Indira Sawhney and Others Vs Union of India

and Others. In light of changes in the socio-economic conditions in the nation and the reading

of the Act with the Constitution, the NCBC Act, 1993 requires a relook and hence the above

mentioned amendments have been proposed for the Act.

Article 15(4) of the Constitution of India as an enabling provision allows the State, as

defined by the Constitution, to make special provisions for the advancement of any 'socially

and educationally' backward classes of citizens or for the Scheduled Castes and the Scheduled

Tribes. Article 15(5) allows the State to make special provisions in relation to their admission

to educational institutions, including private and aided or unaided institutions other than

minority institutions as referred to in article 30(1).

Article 16(4), allows the State to make any provisions for the reservation of

appointments or posts in favour of any backward class of the citizens, which in the opinion

of the State, is not adequately represented in the services under the State.

The Constitution while allowing the State these special provisions makes a distinction

by including only socially and educationally backward classes under article 15(4), while

allowing all classes of backward classes under article 16(4), making article 16(4) broader

constitutional provision for the representation of backward classes. However, article 16(4)

deals with the question of representation of backward classes in the services of the State

with the additional caveat of 'adequate representation'. Hence, meaning that a class of citizens

may be categorised as a backward class under article 15(4), however it may be adequately

represented in the 'State services' even though it is socially and educationally backward and

is hence ineligible for reservation under article 16(4).

Article 340 provides for the appointment of a commission to investigate the conditions

of backward classes in the country. The commission so appointed by the order of the President

is constituted to investigate the conditions of socially and educationally backward classes

and the difficulties under which they labour and 'to make recommendations as to the steps

that should be taken by the Union or any State' to remove such difficulties and to improve

their condition.

The National Commission for Backward Classes Act, 1993 does not reflect the

principles of welfare on which its creation was intended by the Parliament. Hence the provision

to amend the name of the Act to represent the same is pertinent to reflect the true intentions

of the Act and the Commission that it establishes.

The Parent Act mentions the requirement of only one social scientist in the composition

of the NCBC, while allowing two positions to persons, who have special knowledge in

matters relating to backward classes. The Commission while dealing with the topic of

Backward Classes must have adequate representation of people with an academic and

profession background in the field of demographic studies regarding such classes. In the

case of the vacancy or absence of a member from the meetings of the commission, required

and fruitful discussions will not be attainable. Hence, it is imperative to increase the

representation of Social Scientists in the NCBC as they have domain specific knowledge of

the subject matter, leading to better deliberation and recommendations from the commission

to the Government.

SEC. 2]

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133

Furthermore, the addition of a new member having specialised knowledge in matters

relating to backward classes, from eminent persons, will enhance the strength of the NCBC,

leading to a larger and more wholesome bench for deliberations and rendering fruitful

recommendations to the Government. Such an increase in the strength of the NCBC will

lead to an increase in the quorum requirements for the meetings of the NCBC, further lifting

the quality of deliberations as the number of members required per meeting increases.

The Act confers upon the commission the power to hear complaints and make

recommendations to the Government against the over-inclusion or under-inclusion of any

backward class in the lists established from time to time for the reservation of appointments

or posts where such citizens are not adequately represented in the services under the

Government of India and any local or other authority within the territory of India or under

the control of the Government of India. However the commission's domain is to ascertain

the classes to be benefited and not the quantum for each class' representation. Hence the

commission's jurisdiction to hear such complaints should be restricted to those that deal

with the inclusion or against the exclusion of any backward class in such lists only. This is in

consonance with section 9(1) of the Act that deals with the examination of requests for

inclusion of any class of citizens as a backward class.

As stated above, Article 340 of the Constitution of India provides for the Commission

to make 'recommendations' as to the steps that should be taken by the Union or any State to

remove difficulties faced by the Backward Classes and to improve their condition. Hence, to

make the advice of the commission ordinarily binding on the Central Government is an

aberration and is vide for being in conflict with Article 340 of the Constitution and hence

should be repealed. Moreover article 16(4) of the Constitution is framed with the caveat of

'in the opinion of the State' and hence with respect to the Article decisions regarding reservation

as espoused by article 16(4) for adequate representation in the services under the State are in

the sole domain of the Government and no other subsidiary or constitutional body (NCBC).

This is due to the fact that in such matters the decision of the State is material and not that of

any other body that makes recommendations to the Government on such matters. Hence

meaning that the NCBC can only make recommendations and that the Government is supreme

in the decisions that are taken with regards to reservations.

The framers of the Constitution while deliberating on the Constitution did not intend

to delegate any decision making power in this matter from the President. They intended that

the powers of the President were to be exercised by the President only and not be delegated

to be exercised by the NCBC or any other such body in this regard. Article 15(4) however

does not have this additional caveat and has no overriding effect of Government decisions

being supreme over the recommendations of constitutional bodies such as the NCBC with

regards to its provisions.

The combined reading of articles 16(4) and 340 of the Constitution hence lay down

the principle that the Government should be free to make policies and decisions in the interests

of the nation, wherein bodies such as the NCBC may make recommendations to the

Government but not bind the Government to implement such recommendations in its decision

making.

The basis of equality established as a fundamental right under articles 14-18 of the

Constitution implies that if a class of citizens has been determined to be falling under the

tests of a Backward Class and a particular Government either at the State or Central Level

has notified it as a Backward Class then it follows that all such classes of citizens can be placed

in the Lists of the Central and State Governments for Backward Classes as the Government

so deems it to be fit and proper, following from the Principle of Equality. Hence, allowing

for the recommendations of the NCBC to be overruled or ignored due to strong and compelling

reasons as established by the Government at the State or Central levels about the inadequate

representation of such classes of citizens in the services under the Government of India and

any local or other authority within the territory of India or under the control of the Government

of India. This principle is also applicable for the purposes of making provisions for the

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advancement of socially and educationally Backward Classes or for the admission of socially

and educationally Backward Classes to educational institutions in line with the existing

limitations without necessarily consulting the Commission if the Central or State Government

has already included the group of citizens in its list of Backward Classes in line with articles

15(4) and 15(5) of the Constitution.

As stated above the intent and extent of the applicability of articles 15(4), (5) and

article 16(4) of the Constitution differ. Hence, it is imperative that any recommendations

that are made with respect to these Articles by the Commission to the Government of India

be in light of respecting these Constitutional distinctions, while benefiting the intended

beneficiaries of the recommendations as they belong to different backgrounds and require

reservation for different purposes.

Hence this Bill.

NEW DELHI;

P.P. CHAUDHARY

November 13, 2015.

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BILL NO. 317 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. This Act may be called the Constitution (Amendment) Act, 2015.

2. After article 123 of the Constitution, the following article shall be inserted below

the heading “CHAPTER IV.—THE UNION JUDICIARY”, namely:—

"123A. None of the articles viz. 124, 127, 128, 217, 222, 224A and 231, as

amended, and new articles 124A, 124B and 124C, as inserted, by the Constitution

(Ninety-Ninth Amendment) Act, 2014 shall be deemed to be void, or ever to have

become void, on the ground that the said articles are inconsistent with, or taken away,

the independence of judiciary, and, notwithstanding any judgment, decree or order of

any court, each of the said article shall, subject to power of Parliament to omit or

amend them, continue in force and shall be deemed always to be in force from the

13th day of April, 2015.".

Short title.

Insertion of

new article

123A.

Validation.

SEC. 2]

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STATEMENT OF OBJECTS AND REASONS

The Judges of the Supreme Court are appointed under clause (2) of article 124 of the

Constitution and the Judges of the High Courts are appointed under clause (1) of article 217

of the Constitution, by the President of India. The Ad-hoc Judges and retired Judges for the

Supreme Court are appointed under clause (1) of article 127 and article 128 of the Constitution,

respectively. The appointment of Additional Judges and Acting Judges for the High Court is

made under article 224 and the appointment of retired Judges for sittings of the High Courts

is made under article 224A of the Constitution. The transfer of Judges from one High Court

to another High Court is made by the President after consultation with the Chief Justice of

India under clause (1) of article 222 of the Constitution.

The Supreme Court in the matter of the Supreme Court Advocates-on-Record

Association Vs. Union of India in the year 1993, and in its Advisory Opinion given in the

year 1998 in the Third Judges' case on a reference being made to the Supreme Court by the

then President of India, had interpreted clause (2) of article 124 and clause (1) of article 217

of the Constitution with respect to the meaning of "consultation" as "concurrence".

Consequently, a memorandum of procedure for appointment of Judges to the Supreme Court

and the High Courts was formulated known as the "collegium system", and is presently

being followed for such appointments. Pertinently, the said collegium system doesn't find

mention either in the original Constitution or in any successive amendments thereto.

After a thorough review of relevant constitutional provisions, pronouncements of the

Supreme Court of India and consultations with eminent jurists, a pressing need has been felt

that a broad based National Judicial Appointments Commission should be established for

making recommendations for appointment of the Judges of the Supreme Court and the High

Courts. The said Commission is expected to serve a meaningful role to the judiciary, the

executive and eminent persons to present their view points and make the participants

accountable, while also introducing transparency in the selection process. This is further

strengthened by the fact that a democratic set up necessitates that all appointments to public

offices are made transparently and in a manner which is free from any bias. The process of

appointment should be open to review and not merely based on the personal preferences.

The transparency in appointments is also necessary to maintain the credibility and reputation

of the institution for whose offices such appointments are being made.

The proposed amendment for introduction of National Judicial Appointment

Commission is being proposed after taking into account the fact that established and mature

democracies across the world such as the United Kingdom, France, Canada, Denmark, Ireland

and South Africa have a robust democratic system of appointing judges to their highest

courts where opinion of all quarters of democracy i.e. legislature, executive, judiciary and

public at large is considered and valued while appointing the judges in their apex courts.

In a democratic set up, the legitimacy of every constitutional institution including the

Supreme Judicial Authority must be traced to the will and consent of the people, directly or

indirectly. The bearers to public offices in all other institutions in the country are appointed

either by an executive authority that is accountable to the people or by a mechanism

involving the executive and legislature by law. No institution in a democracy is entitled

under the Constitutional provisions to abrogate itself any power of appointing its own

successors. An unelected institution, however exacted, appointing its own press

and successors is smeared with the questions regarding democratic accountability. Since

the pronouncements made by the judges have a strong and deep impaction the public at

large, it is necessary that the judicial appointments are not made unilaterally by the incumbents

of the said institution only. Transparency and objectivity in appointment of judges of the

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[PART II—

Supreme Court and the High Courts is also sine qua non, to ensure the credibility of the

judiciary and the will of the people.

The legitimacy of the people's express or implied consent in the democracy as

established by the Constitution of India is required to be upheld under all circumstances and

for all public appointments including those of the judges of the Supreme Court and the High

Courts. The Parliament of India is one of the pillars upon which the foundations of democracy

stand and which has been bestowed with the right of formulating legislations and any attempt

to override such constitutional mandate would only go to lessen the supremacy of Constitution

which would in effect amount to altering the basic structure of the Constitution.

No functioning Democracy in the world, save for India, has a judiciary that appoints

itself. In well-developed democracies, judicial appointments are not in the sole prerogative

of the judiciary but the said appointments are made on the basis of an amalgam of considered

and valued opinions of the legislature, executive, judiciary and lay citizens appointed by

law. The body entrusted with the task of appointing the judges plays a critical role by keeping

effective checks and balances and steers to keep any bias out of the system. The history of

the appointments of judges in the other democracies as listed in the table can be an effective

proof that the involvement of the executive and legislature in the appointment of the judges

to the highest judicial offices has not reduced the independence or effectiveness of the judiciary

as secured and safeguarded by the Constitution of India.

It is important to protect the credibility of the judiciary, an institution held in high

esteem by the citizens of India and the other organs of the State. This credibility must not be

tarnished and a credible and respected Supreme Court alone can safeguard the Constitution

and the nation and effectively reconcile justice, Constitution, law, harmony and the public

good. Any supposed unconstitutional usurpation of power by any constituent of democracy

will only go to adversely affect the entire democratic set up. Any apprehension or suspicion

that any input by the executive and/or legislature would deconstruct the independence of

judiciary and the attempts to completely exclude the executive and/or legislature from the

process of appointing judges would be wholly illogical and inconsistent with the foundations

of the theory of democracy and a doctrinal heresy.

Lastly, it is vital that transparency of all proceedings material to the people of India

and necessary within the Constitutional framework be ensured. The current proceedings of

the collegium system are absolutely opaque and inaccessible both to the public and the

Governmental records. This is contrary to the recordings of all other matters that affect the

people of India, unlike the proceedings of Parliament and the Government that are available

on record and on request under the Right to Information Act, 2005 to the people. Introduction

of transparency in appointment of judges would only go to strengthen the independence of

democracy and would be a positive step to further reinforce the trust and faith of people in

the judicial set up. Any bias suspected to have crept into the collegium system would

effectively be wiped out by introducing a democratic election of the judges by a body having

its roots in the Constitution.

For achieving the goals as set out above, for ensuring the continued credibility and

independence of judiciary and for reinforcing the faith of general public in the judicial set

up, the proposed Bill seeks to insert a new article 123A, in the Constitution with a view to

validate the Constitution (Ninety-ninth Amendment) Act, 2014.

Hence this Bill.

NEW DELHI;

P.P. CHAUDHARY

November 17, 2015.

SEC. 2]

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139

BILL NO. 300 OF 2015

A Bill to provide for the establishment of a Board for the welfare and promotion of cultural

and traditional handicraft in the country and further to provide institutional

and financial assistance to the artisans living in rural areas and for

matters connected therewith.

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 Artisans (Welfare and Promotion) 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 this Act, unless the context otherwise requires:—

(a) "Board" means the Artisans (Welfare and Promotion) Board established

under section 3;

(b) "artisan" means any person engaged in handicraft manufacturing in rural

areas in any sector;

Short title

and

commence-

ment.

Definitions.

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section 5; and

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

3. (1) The Central Government shall, by notification in the Official Gazette, constitute

a Board to be known as the Artisans (Welfare and Promotion) Board for the welfare and

promotion of cultural and traditional handicraft art and to provide institutional and financial

assistance to artisans to get better price of their art products and deeper market exposure.

(2) The Board shall consist of a Chairperson and such other members to be appointed

by the Central Government in such manner as may be prescribed.

(3) The headquarters of the Board shall be at New Delhi.

(4) The salary and allowances payable to, and other terms and conditions of service

of Chairperson and members shall be such as may be prescribed.

4. The Board shall—

(i) carry out, from time to time, extensive studies and analysis about the art

works being produced and traditional arts practices carried out in rural areas;

(ii) set up art centres on the basis of studies carried out;

(iii) provide better opportunity to the artisans for marketing and ensuring fare

price for their art works;

(iv) organise art exhibitions at regular intervals; and

(v) facilitate online portal of art works to enable artisans to avail better prices

of their art products.

5. (1) The Central Government shall, by notification in the Official Gazette, constitute

a Fund to be known as the Artisans (Welfare and Promotion) Fund to provide financial

assistance for welfare of artisans and promotion of cultural and traditional handicraft art.

(2) The State Governments shall contribute to the Fund in such ratio as may be

prescribed.

(3) Any sum received by way of donation, contribution or grant shall be credited into

the Fund.

(4) The Fund shall be administered by the Board for carrying out the purposes of the

Act.

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

rules for carrying out the purpose of this Act.

(2) Every rule 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

modifications or annulment shall be without prejudice to the validity of anything previously

done under that rule.

Constitution

of Artisans

Welfare

Board.

Functions of

the Board.

Constitution

of Artisans

(Welfare and

Promotion)

Fund.

Power to make

rules.

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STATEMENT OF OBJECTS AND REASONS

In rural areas, we find many talented people who create extremely creative and

productive products through their art. But unfortunately due to non-availability of resources,

low market exposure, lack of awareness, financial disability and no institutionalization

support, these artisans face significant problems as they neither get fair price for their

products nor they are able to show case their artwork at a broader prospect.

The Bill seeks to provide for welfare and promotion of traditional and cultural art of

the country and to provide for institutional and financial support to the artisans to improve

their social status in such a way that more employment and economic activities can be

carried out in rural areas.

Hence this Bill.

NEW DELHI;

MAHEISH GIRRI

November 11, 2015.

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FINANCIAL MEMORANDUM

Clause 3 of the Bill seeks to provide for constitution of a Artisans (Welfare and

Promotion) Board for the Welfare of artisans in rural areas. Clause 4 provides for setting up

of art centres and other facilities to artisans. Clause 5 provides for constitution of Artisans

(Welfare and Promotion) Fund. The Bill, therefore, if enacted, will involve expenditure

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

about rupees one hundred crore is likely to be involved from the Consolidated Fund of

India.

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

involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 6 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.

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STATEMENT OF OBJECTS AND REASONS

It is imperative to have a well-trained civilian as well as a trained cadet. Compulsory

NCC training to all able-bodied Under-Graduates will instill a strong sense of self-discipline,

character and leadership qualities among them. Such a step will provide our Armed forces

with trained volunteers, whose services can be utilized during civil or natural emergencies

like earthquake, Tsunami, cloudburst, hailstorm or floods in an efficient manner. Moreover,

Army trained cadets will also realize the importance of service being rendered by members

of Armed Forces. The training will make them smarter, fit, mature and motivated.

Training of girl cadets would lead to development of more confident, mature and

strong women force of our country who will propel India towards becoming a leading power

of the world. The Government should take effective steps for implementation of the proposal

that whoever enters the Under-Graduate level must compulsorily receive and qualify for

training.

The Bill, therefore, seeks to make NCC training compulsory to every able-bodied

student with a view to develop a more strong sense of loyalty, duty and self-discipline among

them and also prepare a trained manpower in reserve to meet any eventuality or natural

calamity.

Hence this Bill.

NEW DELHI;

MAHEISH GIRRI

November, 13, 2015.

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BILL NO. 302 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 341 of the Constitution, for clause (1), the following clause shall be

substituted, namely:—

"(1) The President may, by public notification, specify the castes, races or tribes

or parts of or groups within castes, races or tribes which shall for the purposes of this

Constitution be deemed to be Scheduled Castes in relation to the whole of the territory

of India.".

Amendment of

article 341.

Short title and

commencement.

Amendment of

article 341.

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[PART II—

STATEMENT OF OBJECTS AND REASONS

The persons belonging to the Scheduled Castes or the Scheduled Tribes are still under

privileged and are a neglected lot. There have been constant efforts to provide concessions

and facilities to these persons by successive Governments. But still much is required to be

done for improving their condition and for bringing them into the mainstream of the society.

At present, the persons belonging to the Scheduled Castes or the Scheduled Tribes are

facing some practical and genuine difficulties which need immediate solution. In every State,

caste certificates are issued by the district authority. These certificates are recognised for the

purpose of extending reservation benefits by the State Government concerned throughout

the State. The Union Government also recognizes the certificates issued by the State

Government for the purpose of jobs or appointments in service under the Union Government.

However, if a person belonging to the Scheduled Castes or the Scheduled Tribes moves out

and settles in another State the Caste certificate issued by the parent State is not recognised

for the purposes of giving benefits of reservation by State in which he has settled down,

despite the fact that the same caste or tribe has been included in the list of the Scheduled

Castes or the Scheduled Tribes in that State.

Due to lack of employment opportunities, people migrate to other States in search of

employment and settle down there permanently. However, they become ineligible to enjoy

the benefits of reservation in the State they have settled down for the reason that they have

been issued certificates by the State from where they have migrated.

It is, therefore, necessary to amend the Constitution with a view to make provision that

a member of the Scheduled Caste or the Scheduled Tribe in one State shall be treated as the

Scheduled Caste or the Scheduled Tribe, as the case may be, for the purpose of availing

benefits of reservation in whole of India.

Hence this Bill.

NEW DELHI;

NISHIKANT DUBEY

November, 13, 2015.

SEC. 2]

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149

FINANCIAL MEMORANDUM

Clause 2 of the Bill empowers the President to specify the castes, races or tribes or

parts of or groups within castes, races or tribes as the Scheduled Castes for the purpose of

whole of India. Clause 3 empowers the President to specify the tribes or tribal communities

or parts of or groups within tribes or tribal communities as Scheduled Tribes for the purpose

of whole of India. The Bill, therefore, if enacted, would involve expenditure from the

Consolidated Fund of India on account of benefits to be provided to the persons belonging

to castes, races or tribes under the ongoing Central Schemes meant for development of the

Scheduled Castes and the Scheduled Tribes.

At this stage, it is not possible to give the exact amount to be incurred on this account.

However, it is expected that a recurring expenditure of about five hundred crore will be

involved annually.

No non-recurring expenditure is likely to be involved.

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BILL NO. 314 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. For article 130 of the Constitution, the following article shall be substituted,

namely:—

“130. The Supreme Court shall sit in Delhi and Ranchi or in such other place or

places, as the Chief Justice of India may, with the approval of the President, from time

to time, appoint.”

Short title and

commencement.

Substitution of

new article for

article 130.

SEC. 2]

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151

STATEMENT OF OBJECTS AND REASONS

The appellants are already burdened and are further shunned to face the ordeal of

having to travel thousands of kilometers to the seat of the Supreme Court in New Delhi for

their trial and the consequent follow up of their cases.

Moreover, the number of pending court cases in the country has crossed three crore

mark. Figures on the chronic backlog of court cases are in indictment of the country’s

beleaguered legal system. The plight of persons awaiting trial needs to be understood and

addressed. It is not the wastage of time, but also an increased financial burden that makes the

process inconvenient, cumbersome and expensive.

Article 130 of the Constitution envisages that the Supreme Court shall sit in Delhi or

in such other place or places as the Chief Justice of India may with the approval of the

President from time to time appoint.

The language of the article clearly indicates that there was an intention of the founding

fathers of the Constitution to have more than one seat of the Supreme Court.

Hence, the Bill seeks to establish a permanent Bench of the Supreme Court in Ranchi

in Jharkhand. Strategic location for a permanent Bench as it is easily accessible for litigants.

This will provide for a robust mechanism to not only manage pendency of court cases but

simultaneously make the justice available at low cost and in an efficient manner to the public.

Hence this Bill.

NEW DELHI;

NISHIKANT DUBEY

November 13, 2015.

SEC. 2]

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153

Special

financial

assistance to

the Santhal

Pargana of

Jharkhand.

Act not in

derogation

of other law.

BILL NO. 303 OF 2015

A Bill to provide for special financial assistance to the Santhal Pargana region of the State

of Jharkhand for the purpose of promoting the welfare of the Scheduled Castes, the

Scheduled Tribes and the Other Backward Classes of the persons and for the

development, exploitation and proper utilization of its resources.

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 Special Financial Assistance to the Santhal Pargana

Region of the State of Jharkhand Act, 2015.

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

in the Official Gazette, appoint.

2. There shall be paid such sums of moneys out of the Consolidated Fund of India, every

year, as Parliament may by due appropriation provide, as special financial assistance to the Santhal

Pargana region of the State of Jharkhand to meet the costs of such schemes of development, as may

be undertaken by the State with the approval of the Union Government for the purpose of promoting

the welfare of the Scheduled Castes, the Scheduled Tribes and Other Backward Classes of persons

or for the development, proper utilization and exploitation of the resources in the State.

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

law to be made by Parliament or for the time being in force.

Short title and

commencement.

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[PART II—

STATEMENT OF OBJECTS AND REASONS

The Santhal Pargana region of the State of Jharkhand is socially and economically

backward. The problems of poverty, unemployment, illiteracy as well as measures for proper

utilization of resources, welfare of weaker sections in the region are required to be addressed

urgently by initiating new development schemes in a time-bound manner. Being a border

area, Santhal Pargana of Jharkhand is strategically located and it is in the nation's interest

that its development needs are addressed. It is, therefore, necessary that the Central

Government should provide special financial assistance to the region of Santhal Pargana of

Jharkhand for its all-round development including the welfare of weaker sections and for the

development and exploitation of its vast resources. Such a step of providing financial

assistance to this region would go a long way in building this nation more and more strong.

Hence this Bill.

NEW DELHI;

NISHIKANT DUBEY

November 13, 2015.

SEC. 2]

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155

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides that there shall be paid such sums of moneys out of the

Consolidated Fund of India, every year, as Parliament may, by due appropriation, provide as

special financial assistance to the region of Santhal Pargana of Jharkhand to meet the costs

of such schemes of development, as may be undertaken by the State with the approval of the

Central Government.

The Bill, therefore, on enactment will involve expenditure out of the Consolidated

Fund of India for providing special financial assistance to the region of Santhal Pargana of

the State of Jharkhand. As the sums of moneys which will be given to the region of Santhal

Pargana of Jharkhand as special financial assistance by appropriation by law made by

Parliament will be known only after the welfare schemes to be implemented by the State

Government with the approval of the Government of India are identified. It is not possible to

give the estimates of recurring expenditure, which would be involved out of the Consolidated

Fund of India at this stage.

No non-recurring expenditure is likely to be incurred from the Consolidated Fund of

India.

SEC. 2]

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157

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) "consumer" means any person who buys any goods for a consideration which

has been paid or promised or partly paid and partly promised, or under any system of

deferred payment and includes any user of such goods other than the buyer of such

goods for consideration paid or promised or partly paid or partly promised, or under

any system of deferred payment when such use is made with the approval of such

person, but does not include a person who obtains such goods for resale or for any

commercial purpose;

an average consumer;

(d) "durable goods" mean goods which are consumed and used or disposed

after serving its usefulness for a period of time, which is more than two years, like

refrigerator, laptops, television sets etc.;

(e) "manufacturer" have the same meaning as given in section 2(j) of the

Consumer Protection Act, 1986;

(f) "retailer" or "retail supplier" means any person who does the sale of goods

from individuals or business to the end-user or final consumer and also includes online

retail shops; and

(g) "semi durable goods" mean those products which are neither perishing nor

lasting, like cloths, preserved foods, furniture etc.

CHAPTER II

PROCURING RECEIPT AND EXCHANGE OF CONTRACT

3. (1) The appropriate Government shall make it mandatory for all retailers

to give a receipt for every durable and semi durable consumer goods purchase by

the consumers and such receipt of purchase shall act as contract between the retail

supplier and the consumer, wherein the production of this receipt shall be a pre-

requisite for every claim made under the provisions of this Act.

(2) Every receipt given to the consumer shall have consumer guarantees

specified on it as under:—

(a) that goods are of acceptable quality;

(b) that goods will be reasonably fit for use;

sample or demonstration model;

(d) that the goods will satisfy any extra promises made about them; and

(e) that there is a 'right to free return' of the goods within fifteen days

of its purchase.

CHAPTER III

THE RIGHT TO FREE RETURN

4. Every consumer shall have the right to return free any semi durable or

durable goods purchased within fifteen days of the purchase in such manner as

may be prescribed:

Provided that every such return of goods shall be done in their original

condition, with no alteration to its size or shape, along with its original packing

and the receipt of the purchase.

Definitions.

Receipt to act

as a guarantee

contract.

Right to free

return valid till

fifteen days

from purchase.

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[PART II—

5. The appropriate Government shall ensure that all retail shops shall,—

(a) remove all signs that say 'no refund' or 'no replacement' from product

covers and the retail shops; and

(b) display a board mentioning the right of consumers for free return of

goods purchased by them.

6. A receipt of the purchase of goods shall be considered as guarantee itself

and the retail supplier shall not ask for any further payment from the consumer for

receiving any guarantees.

7. If a consumer returns the defective goods to the retailer, the retailer shall

have the right to claim them against the wholesaler or the manufacturer, from whom

he received the goods.

CHAPTER IV

GRIEVANCE REDRESSAL MECHANISM

8. A consumer may in case of redressal of any grievance under this Act move

to the 'Consumer Disputes Redressal Forum' or to the 'State Consumer Protection

Council' or to the 'Central Consumer Protection Council' established under the

Consumer Protection Act, 1986.

9. The Central Consumer Protection Council established under CPA 1986

and the agencies appointed by it shall be responsible for the enforcement of the

provisions and rules made under this Act.

10. The Central Consumer Protection Council shall publish on its website

this Act and rules made thereunder and also the details of complaints received by

the authorities in District, State and Central level, on different products, under the

purview of this Act, including details of:—

(a) the products returned;

(b) the refund sought;

completion; and

(d) the complaint resolved.

11. If any difficulty arises in giving effect to the provisions of this Act, the

appropriate Government may make such order or give such direction, not

inconsistent with the provisions of this Act, as appears to it to be necessary or

expedient for the removal of any difficulty.

12. (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 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.

Removal of no

replacement

and no refund

signs and

display of

right of

consumers.

No payable

payment for

receiving

guarantee.

Right of

retailer to

make claim

against

defective

goods.

Right of

Consumers to

move to court.

Law enforcing

agency.

Details

disclosed

online for

transparency.

Power to

remove

difficulty.

Power to make

rules.

SEC. 2]

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STATEMENT OF OBJECTS AND REASONS

The Consumer Protection Act, 1986 is widely considered to be a benevolent social

legislation that provides for the protection of consumer rights. The fact was amended a

number of times, the last being in 2002. The Principal Act, introduced in 1986 and

subsequently amended, established consumer dispute resolution mechanisms and provides

to control the trade of spurious goods and services through the authorities established. It

does not confer on the consumer a positive right which he can enforce himself. In the context

of increasing influx of imported goods to the country and the new trend of online shopping,

it is necessary that the consumers are empowered to refuse a goods that does not satisfy the

needs, without approaching forums or courts.

This Bill makes it the right of a consumer to return any purchased product within a

stipulated time for genuine reasons. It seeks to provide the consumer a right to return any

purchased durable or semi-durable goods within fifteen days of purchase. It also provides

that there should be a centralized database on complaints received and resolved by consumer

protection councils and forums on goods purchased, so that before buying any product the

consumer can make an informed choice to any terms agreed by both parties, retail supplier

and consumer. The Bill seeks to provide additional statutory provisions for the benefit to the

consumer.

The enforcement of the Act would be the responsibility of the authorities established

under the Consumer Protection Act 1986. This will ensure that there is no burden on the

Central or State Governments for establishing additional authorities for monitoring and

carrying out the purposes of this Act.

Hence this Bill.

NEW DELHI;

NISHIKANT DUBEY

November 13, 2015.

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[PART II—

2. For the removal of doubts, it is hereby declared that the main objects of this

Act are:—

(a) to establish an appropriate legal framework to process matters relating to

forced migration in respect of determination of refugee status, protection from

refoulement and treatment during stay;

(b) to do the same in a way that:

(i) it is in adherence with articles 37 and 253 of the Constitution of India,

which provide an administrative system free from arbitrariness and guarantee

equality, fairness and due process of law;

(ii) it maintains India's commitment to upholding international human rights

principles through accession to all major human rights treaties, and adoption of

appropriate legislative steps to implement them; and

(iii) to ensure that the grant of refugee status shall be considered a peaceful

and humanitarian act and will not imply any judgment on the country of origin

of the refugee.

3. In this Act, unless the context otherwise requires:

(a) 'asylum seeker' means a person who seeks recognition and protection as a

refugee;

(b) 'Commissioner' means the Commissioner of Refugees appointed under

section 7;

has no nationality, his or her country of former habitual residence;

(d) 'prescribed' means prescribed by rules under this Act.

(e) 'refugee' means—

(i) any person who is outside his or her country of origin, and who is

unable or unwilling to return to, and is unable or unwilling to avail himself or

herself of the protection of that country because of a well-founded fear of

persecution on account of race, religion, sex, nationality, ethnic identity,

membership or particular social group or political opinion; or

(ii) any person who owing to external aggression, occupation, foreign

domination, serious violation of human rights or other events seriously disrupting

public order in either part or whole of his or her country of origin, is compelled

to leave his or her place of habitual residence in order to seek refuge in another

place out his or her country or origin.

Explanation.—In the case of a person who has several nationalities, the term "his or

her country of origin" shall mean each of the countries of which he or she is a national, and

a person shall not be deemed to be lacking the protection of the country of which he or she

is a national, if without any valid reason based on well-founded fear, he or she has not availed

himself of the protection of one or more of the countries of which he or she is a national.

(f) 'Refugee Committee' means the Committee referred to in section 7 as an

Appellate Board; and

(g) 'refugee children' means children below the age of eighteen years who are

seeking refuge or where protection is extended by the State to children under article

22 of the Convention on the Rights of the Child, 1989.

Declaration.

Definitions.

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4. A person shall be excluded from refugee status for the purpose of this Act if:

(a) there are serious reasons to believe that he or she has committed acts of a

crime against peace, a war crime or a crime against humanity, in accordance with the

applicable principles and rules of International Law and Conventions, including the

SAARC Regional Convention on Suppression of Terrorism, 1987; or

(b) there are serious reasons to believe that he or she has committed a serious

non-political crime contrary to the applicable principles and rules of the SAARC

Regional Convention on Suppression of Terrorism, 1987, prior to his or her admission

into India as a refugee.

5. (1) No refugeee or asylum seeker shall be expelled or returned in any manner

whatsoever to a place in which there are sufficient reasons or well-founded fears to believe

that his or her life or freedom would be under threat on account of any of the reasons set out

in clause (e) of section 3.

(2) Where an asylum seeker or refugee has been convicted by a final judgement of a

crime against peace, a war crime or a crime against humanity and constitutes a danger to the

community, or there are reasonable grounds to believe that an asylum seeker or refugee is a

threat to the sovereignty and integrity of India, such an asylum seeker or refugee shall be

excluded from the protection provided under this Act.

6. (1) Where an application is made by or on behalf of, or in relation to an asylum

seeker, for the recognition of the said asylum seeker as a refugee, either at the point of entry

or subsequently, the applicant shall, in accordance with the principle laid down in section 5

be directed and assisted to apply to the Commissioner of Refugees.

(2) Where an application is made by or on behalf of, or in relation to an asylum seeker,

for the the determination of refugee status, pending determination of such status, certain

restrictions shall be imposed on the asylum seeker as are considered necessaryin the interests

of sovereignty and integrity or public order of India, or as may be prescribed.

(3) Application under this section may be made within such reasonable time, as may

be prescribed.

(4) Where an application for refugee status is made by or on behalf of, or in relation to

a child, or where a refugee child is found within the territory of India; he or she shall receive

immediate and appropriate protection and humanitarian assistance in accordance with the

existing policy and legal framework of the State.

(5) The requirement of filing an application form on behalf of a child may be entrusted

to a local Legal Service Authority or their representatives or any other recognised non-

Governmental Organisation involved in the welfare of children.

7. (1) In order to implement the provisions of this Act, the President shall appoint—

(a) the Commissioner of Refugees and Deputy Commissioners of Refugees as

may be necessary on the basis of the eligibility requirements and procedures laid down

in section 8;

(b) other officers as may be necessary after consultation with the Commissioner

of Refugees; and

(c) the Chairperson and Members of the Refugee Committee.

(2) The Chairperson of the Refugee Committee shall appoint the staff of the Committee.

(3) The Salary, Allowances Payable to and other terms and conditions of service of the

Commissioner, Deputy Commissioner, Chairperson, Members and Secretarial staff of the

Refugee Committee shall be such as may be prescribed.

Persons who

shall be

excluded from

refugee status.

Principle of

Non-

Refoulement.

Application

for

recognition of

refugee.

Constitution

of the

Authorities.

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8. (1) The Commissioner of Refugees shall be a sitting or retired High Court Judge

and shall be appointed after consultation with the Chief Justice of India, for a period of three

years.

(2) The Deputy Commissioner shall be appointed from amongst persons who is qualified

to be appointed as a High Court Judge, and shall be appointed after consultation with the

Chief Justice of India, for a period of three years.

(3) The Chairperson of the Refugee Committee shall be a retired Supreme Court Judge

and shall be appointed by the President in consultation with the Chief Justice of India for a

period of three years.

(4) The Refugee Committee shall consist of a sitting or retired High Court Judge,

appointed by the President in consultation with the Chief Justice of India, and two independent

members with knowledge and experience of refugee issues and refugee law, who shall hold

office for a period of three years from the date of their appointment.

(5) The decision of the Commissioner of Refugees shall be final and any appeal against

such decision shall lie only with the Refugee Committee, as the Appellate Board for

reconsideration of the decision.

(6) The functions of the Commissioner of Refugees and the Refugee Committee shall

be as laid down in sections 9 and 11.

(7) The Commissioner of Refugees may assign such of his functions as may be necessary

to the Deputy Commissioner of Refugees appointed under this Act.

9. (1) An asylum seeker who wishes to claim refugee status shall be heard by the

Commissioner of Refugees before the determination of his or her status.

(2) During the refugee determination interview, the asylum seeker shall be provided

necessary facilities by the Commissioner of Refugees, including the service of a competent

interpreter where required, and a reasonable opportunity to present evidence in support of

his or her case.

(3) The asylum seeker, if he or she wishes, shall be given an opportunity, of which he

or she should be duly informed, to contact a representative of United Nations High

Commission for Refugees (UNHCR), as facilitated by the Commissioner of Refugees.

(4) The asylum seeker, if he or she wishes, shall be entitled to be assisted in the

determination of the status by a person of his or her choice, including a legal practitioner.

(5) A list of competent legal practitioners, who are conversant with refugee law, shall

be provided by the Government to the asylum seeker.

(6) If the asylum seeker is not recognised as a refugee, he or she shall be given such

reasonable time as may be prescribed, to appeal to the Refugee Committee.

(7) Where an application by the asylum seeker is rejected, the Commissioner of

Refugees shall give reasons for the order in writing and furnish a copy of it to the asylum

seeker.

(8) If the asylum seeker is recognised as a refugee, he shall be informed accordingly

and issued with documentation, certifying his refugee status.

10. (1) The findings as well as the orders of the Commissioner of Refugees, the Refugee

Committee and other authorities established under this Act shall be published by them

periodically.

(2) The Commissioner of Refugees and the Refugee Committee shall publish, every

year, a report of their work which shall be made public.

Appointment

and functions

of the

authorities.

Determination

of the refugee

status.

Publication of

findings and

decision.

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11. (1) The Refugee Committee shall receive and consider appeals made by asylum

seekers against the decision of the Commissioner of Refugees.

(2) The Committee may also consider applications for the refugee status suo motto.

12. A person shall cease to be a refugee if—

(a) he voluntarily re-avails himself of the protection of the country of his origin;

(b) he becomes a citizens of India; or

of that country; or

(d) he has voluntarily re-established himself in the country which he left, or

outside which he remained owing to fear of persecution; or

(e) he can no longer, because the circumstances in connection with which he

was recognised as a refugee have ceased to exist, continue to refuse to avail himself of

the protection of the country of his nationality.

Exception:—A person shall not cease to be a refugee for the purpose of this Act if he

shows compelling reasons, arising out of previous persecution, for refusing to avail himself

of the protection of the country of his nationality, such as incidences of previous persecution

by any individual or groups, State or non-State actors.

13. (1) Every refugee and asylum-seeker, so long as he remains within India, shall

have the right to fair and due treatment without discrimination on grounds of race, religion,

sex, nationality, ethnic identity, membership of a particular social group or political group.

(2) Every refugee, so long as he remains within India, shall have the right to:—

(a) receive the same treatment as is generally accorded under the Constitution

or any other laws and privileges as may be granted;

(b) be provided means to seek a livelihood for himself, and for those dependent

on them;

ensure their protection and material well being;

(d) choose his place of residence and move freely within the territory of India,

subject to any regulation applicable to refugees generally in the same circumstances;

(e) be issued identity documents;

(f) be issued travel documents for the purpose of travel outside and back to the

territory of India unless compelling reasons of national security or public order

otherwise require; and

(g) access to education, health and other related services.

14. (1) The Central Government may, in appropriate cases where there is large-scale

influx of asylum seekers, issue an order permitting them to reside in India without requiring

their individual status to be determined under section 11 until such time as the reasons for

departure from the country of origin have ceased to exist, or the Government decides that

their status should be determined on an individual basis under this Act.

(2) Asylum seekers who have been permitted to reside in India under this provision.

may be subject to reasonable restrictions with respect to their location and movement, in the

interests of public health and order, so, however, they shall normally have the same rights as

refugees under this Act.

Appellate

procedure.

Persons who

shall cease to

be refugees.

Rights and

duties of

refugees.

Situations

of mass influx.

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(3) Women and children asylum seekers in mass influx shall be given special

consideration as to their protection and material well being.

15. The Central Government shall not impose penalties on refugees who, coming

directly from a place where their life or freedom was threatened, enter or are present in India

without authorisation, provided they present themselves without delay to the authorities and

are able to show good cause for their illegal entry or presence.

16. (1) The repatriation of refugees shall take place at their free volition expressed in

writing or other appropriate means, before the Commissioner of Refugees.

(2) The voluntary and individual character of repatriation of refugees shall be carried

out under conditions of transparency and safety to the country of origin.

(3) The voluntary repatriation of refugees shall take place in accordance with such

guidelines, as may be prescribed.

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

in this behalf, provide adequate funds to the Refugee Committee for carrying out the purposes

of this Act.

18. The provisions of this Act shall have effect, notwithstanding anything inconsistent

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

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