A Bill further to amend the Constitution of India.

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

follows:—

1. (i) This Act may be called the Constitution (Amendment) Act, 2016.

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

notification in the Official Gazette, appoint.

2. After article 21A of the Constitution, the following article shall be inserted, namely:—

‘‘21B. The State shall provide affordable healthcare and affordable medicine to

all citizens in such manner as the State may, by law, determine’’.

Short title,

extent and

commencement.

Insertion of

new article

21B.

REGISTERED NO. DL—(N)04/0007/2003—16

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PUBLISHED BY AUTHORITY

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No. 37] NEW DELHI, FRIDAY, DECEMBER 02, 2016/AGRAHAYANA 11, 1938 (SAKA)

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

RAJYA SABHA

————

The following Bills were introduced in Rajya Sabha on 2nd December, 2016:—

BILL NO. LIX OF 2016

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Constitution of India in article 47 has made a provision for ‘raising of the level

of nutrition and the standard of living of its people and the improvement of public health

as among its primary duties’. But we could not achieve this goal and million of citizens are

denied access to health care and medicine due to unaffordable hospitals and medical

expenses. The public health system is not in a position to provide universal and free

health care to its citizens. The growing private sector in the health care segment has

become unaffordable even for a citizen having reasonable income. It is the duty of the

state to treat health care as occupation or profession and profiteering should not be

permitted. In the light of the above, it is a duty of the state to intervene and provide

universal affordable health care to its citizens. In order to fulfill this goal, it is felt that an

explicit provision should be made in the Part III relating to Fundamental Rights of the

Constitution.

The Bill seeks to achieve the above objectives.

Hence, this Bill.

K.K. RAGESH

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. LV OF 2016

A Bill to provide for welfare of women by providing fund and creating employment

opportunities and for matters connected therewith or incidental thereto.

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

follows:—

1. (1) This Act may be called the Women Welfare Act, 2016.

(2) It extends to the whole of India.

(3) It shall come into force at once.

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

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

that State, in other cases the Central Government;

(b) "fund" means Women Welfare Fund set up under Section 3:

Short title,

extent and

commencement.

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

3. (1) The Central Government shall by notification in the Official Gazette set up a

Fund to be known as Women Welfare Fund for the purposes of taking welfare measures for

Women.

(2) The Fund shall consist of contributions by Central Government and State

governments in such ratio as may be prescribed and donations received from organisations

and individuals.

4. The Central Government shall reserve at least thirty-three per cent of jobs for women

in all Central Government Services and organisations under its control.

5. The appropriate Government shall,—

(i) set up such number of women employment centres in every district as may be

prescribed to provide assistance to women for employment or self employment;

(ii) reserve land or housing sites for women;

(iii) provide free health care facilities and maternity benefits upto first two

children;

(iv) set up women hostels wherein all facilities shall be provided free of cost;

(v) pay sustenance allowance or old age pension to women who are destitute or

widows and having no source of regular income;

(vi) provide free training to women for taking up employment or self employment;

(vii) provide scholarships to girl students; and

(viii) reserve at least thirty per cent of seats for women in all educational

institutions including higher professional and technical institutions.

6. The Central Government shall provide funds to the State governments for setting up

of special courts for women in every district.

7. The Central Government shall ensure that every commercial bank, including private

and foreign banks provide loans to women at the rate of five per cent simple interest for

setting up self employment units.

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

carrying out the purposes of this Act.

Women

Welfare Fund.

Reservation

of jobs in

Central

Government.

Central

Government

to ensure loan

to women.

Power to

make rules.

Appropriate

Government

to undertake

Welfare

Measures for

Women.

Central

Government

to provide

funds for

special

Courts.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Women constitute fifty per cent of the population in the country. Though sixty-nineth

years have passed since independence, yet there has been no improvement in the condition

of women. Several efforts taken by the Government have yielded some results, yet much has

to be done to improve their lot. The women do not have ample access to schools or employment

opportunities. Only a concrete reservation system in educational institutions or government

jobs or special employment or self employment opportunities will help them. Crimes against

women are increasing and it takes very long for disposal of cases. Special courts can only

help quick disposal of cases.

There is no social security for women in distress. The Government should make some

provision for them. Therefore, it is proposed to bring a comprehensive legislation for women

welfare.

Hence this Bill.

SASIKALA PUSHPA

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for setting up of Women Welfare Fund consisting of

contributions by Central Government and other sources. Clause 5 provides for setting up of

employment centres, reservation of land or housing sites and providing hostels, pensions,

scholarships, etc. to women by the appropriate Government. Clause 6 of the Bill contains the

provision for setting up of special courts in every district by the Central Government.

It is likely to involve a recurring expenditure of about rupees ten thousand crore per

annum and rupees two thousand crore by way of non-recurring expenditure.

————

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—

III

BILL NO. L OF 2016

A Bill to provide for equal pay to women workers and their welfare and for matters connected

therewith or incidental thereto.

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

follows:—

1. (1) This Act may be called the Women Workers (Equal Pay and Welfare) Act, 2016.

(2) It extends to the whole of India.

(3) It shall come into force at once.

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;

Short title,

extent and

commencement.

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) "prescribed" means prescribed by rules made under this Act;

industry, factory or agricultural operations or any other work where physical labour is

required.

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

every woman worker shall be paid equal pay for equal work performed by her as compared to

a male worker.

4. Every person who is the owner or the in-charge of any establishment, industry,

factory or activity, where woman workers are engaged shall provide the following facilities

for such workers at the place of work:—

(i) Creche including mobile creche facilities;

(ii) rest rooms;

(iii) separate toilets;

(iv) drinking water; and

(v) health care facilities.

5. Every woman worker shall be entitled to half an hour rest after every three hours of

work performed by her with lunch break for one hour.

6. The appropriate Government shall appoint inspectors to inspect the facilities provided

by employers to women workers at work place and ensure compliance of the provisions of

this Act.

7. Whoever, contravenes the provisions of,—

(i) section 3 shall be punishable with fine which may extend to rupees five lakhs

and the licence of such employer or the establishments shall also be cancelled.

(ii) sections 4 and 5, shall be punishable with fine which may extend to rupees

ten lakhs.

8. 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 equal pay for equal work.

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

carrying out the purposes of this Act.

Equal pay for

equal work.

Facilities to be

provided to

the women by

employer.

Mandatory

rest to women

workers.

Appointment

of Inspectors.

Penalty.

Overriding

effect of the

Act.

Power to

make rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

It has been observed that women workers are not paid equal wages for equal work

done by them as compared to their male counterparts and are given less wages though, the

concept of equality enshrined in the preamble has also found expression as a fundamental

right in article 14 to 16 of the Constitution but in practice, it is not being equally administered.

This has resulted into discrimination against women workers. At times, they are asked to

acknowledge the receipt of full wages. Though the Equal Remuneration Act, 1976 is in place,

it is not complied with. Moreover, women workers are not getting adequate facilities at their

work places. At some places, there are no toilets or drinking water facilities for them. The

infants of these workers have to be taken care of but there are no creche facilities. There are

no proper health facilities or rest rooms for women workers. Due to biological reasons,

women workers have to take rest after performing work for some period, say, three hours. At

present, there is no law providing for facilities to women workers at their work places.

Therefore, it is proposed to provide for a comprehensive legislation to make way for equal

wages to women workers and provision of certain facilities to them at their work places.

Hence this Bill.

SASIKALA PUSHPA

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides for making certain facilities to women workers at their work

places. Some of the organisations under the Government have also to provide these facilities.

Clause 6 of the Bill provides for the appointment of Inspectors to inspect the facilities

provided by the employers. The Bill, therefore, if enacted, will involve expenditure from the

Consolidated Fund of India. A recurring expenditure to the tune of rupees nine hundred crore

per annum and a non-recurring expenditure of rupees five hundred crore is also likely to be

involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 9 of the Bill provides for framing of rules for carrying out the provisions 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. LI OF 2016

A Bill to provide for reservation of posts and appointments for women in services under the

Central Government and for matters connected therewith and incidental thereto.

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

follows:—

1. (1) This Act may be called the Women (Reservation in Services) Act, 2016.

(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

commencement.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

and includes the service in any public sector undertaking or enterprise of any authority

under the control of the Central Government.

(a) "prescribed" means prescribed by rules made under this Act; and

(b) "public sector undertakings or enterprises" includes all public sector undertakings,

enterprises, Banks and financial institutions wholly owned or managed by the Central

Government or in which fifty-one per cent shares are held by the Central Government.

3. There shall be reserved thirty-three per cent of all appointments and posts in

services for women.

4. The Central Government shall make such provisions relating to relaxation in eligibility

conditions, as may be prescribed, for appointment of women in services.

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

carrying out the purposes of this Act.

Definitions.

Reservation

for women in

services.

Relaxation in

eligibility

conditions.

Power to

make rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

India's economic liberalization and rapid growth over the past two decades have helped

expose people to more liberal views about women. As a result, more women are stepping out

of traditional roles. Female doctors, lawyers, police officers and bureaucrats are common and

are now everyday sight in cities. Yet women make up only twenty-two per cent of the work

force and though seventy-nine per cent of rural women work in agriculture and more than

ninety per cent are in the informal sector with little social protection or land ownership.

In India, women are so deeply engrossed in family affairs and burdened with such

heavy domestic responsibilities that in spite of their capabilities, education and aptitude,

most of them are unable to enter into Government services on time. Women have only

marginal representation in services connected with the affairs of the Union. They are capable

of efficiently carrying out various responsibilities connected with the assignments.

It is welcome step that in Gujarat, Bihar and Madhya Pradesh thirty three posts are

reserved for females in all Government services. This will help end gender bias and prove to

be a great leap towards women empowerment. In order to create a level playing field for all its

citizens, women may be provided with preferential precedence and reservation in Government

services is expected to considerably increase opportunity for women.

In a bid to boost women's empowerment it is proposed that women get due

representation in Government services, it is necessary to reserve thirty-three per cent of all

post and services under the Central Government, including public sector undertakings and

enterprises; for women by providing them relaxation in matters of age limit, requisite

educational qualifications, experience and other conditions of eligibility.

Hence this Bill.

SASIKALA PUSHPA

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. XL OF 2016

A Bill to provide for an independent audit committee to examine and scrutinize the available

and actually disbursed remuneration and statutory benefits to tea workers,

constitution of a fund to promote welfare facilities and other special

provisions, reservation for their children in colleges and universities and for overall

welfare of tea workers and for matters connected therewith and incidental thereto.

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

follows:—

1. (1) This Act may be called the Tea Workers' (Welfare and Special Provisions)

Act, 2016.

(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) "auction money" means the money collected by tea companies by auctioning

respective tea production;

Short title,

extent and

commencement.

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) "Audit Committee" means the Tea Workers' Statutory Benefits Audit

Committee constituted under section 3;

for availing statutory benefits defined under Plantations Labour Act, 1951 or any other

benefits defined under this Act;

(d) "employer" means any person or entity or organisation who has the ultimate

control over the affairs of the tea plantation, and where the affairs of any tea plantations

are entrusted to any other person, such other person shall be deemed to be the employer

in relation to that plantation;

(e) "Fund" means Tea Workers' Welfare Fund constituted under section 6 of this

Act;

(f) "penalty" means any amount collected by the Central Government, from an

employer, on account of the delay in the deposit of any fund, by an employer, required

to be deposited under the Employees' Provident Funds and Miscellaneous Provisions

Act, 1952 and the Payment of Gratuity Act, 1972;

(g) "prescribed" means prescribed by rules made under this Act;

(h) "statutory benefits" means welfare facilities defined under Plantations Labour

Act, 1951 or any facilities prescribed under this Act;

(i) "tea estates" means organised tea estates defined under Plantations Labour

Act, 1951;

(j) "tea workers" mean any plantation worker, whether permanent or on contract,

involved in cultivation of tea in tea estates;

(k) "unemployment wage" means fifty per cent of salary for up to twelve months

or until re-employment, whichever is earlier;

(l) "wage" means the minimum wage prescribed by the repective State

Government under the Minimum Wages Act, 1948; and

(m) "welfare provisions" means the welfare and reimbursement facilities specified

under this Act.

3. (1) The Central Government shall, by notification in the Official Gazette, constitute

a Committee to be known as the Tea Workers' Statutory Benefits Audit Committee to exercise

the powers conferred upon and to perform the functions assigned to it, under this Act.

(2) The Audit Committee shall consist of,—

(i) a Chairperson to be appointed by the Central Government;

(ii) three Deputy Auditor General, who shall be responsible for the duties as may

be prescribed under this act; and

(iii) one Additional Deputy Auditor General each for Eastern, Northern, Southern

and North-Eastern regions.

(3) The salary and allowances payable to and other terms and conditions of service of

the Chairperson and Members of the Audit Committee shall be such as may be prescribed by

the Central Government.

(4) The Audit Committee may appoint such number of officers and staff as may be

required for efficient functioning of the Audit Committee.

(5) A member of the Audit Committee shall not be a full-time employee of any tea

Company prior to three years of his appointment in the committee.

Tea Workers'

Statutory

Benefits Audit

Committee.

69 of 1951.

19 of 1952.

39 of 1972.

69 of 1951.

1 of 1948.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(6) Save as otherwise expressly provided in this Act, the members of the Audit

Committee shall hold office for a term not exceeding three years from the date on which they

become member of the Audit Committee:

Provided that notwithstanding the expiry of the term of office of any such member, he

shall continue to hold office until the nomination of his successor is notified in the Official

Gazette.

4. The Audit Committee shall,—

(a) conduct quarterly audit of statutory benefits, wages and any other welfare

provisions mentioned under this Act, which the tea workers are entitled to and actually

availed, district-wise and tea farmer-wise in such manner as may be prescribed;

(b) present quarterly audit report to the Tea Board of India and to the Ministry of

Agriculture and farmers Welfare; and

electronic format on the web.

5. The Central Government shall, within one month after the presentation of audit

report, take such steps, including confiscation and auction of properties of Tea Companies,

as are necessary for payment of wages and availing of statutory benefits.

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

a fund to be called the Tea Workers' Welfare Fund for the purpose of this act with the initial

corpus of one thousand crore to be provided by the Central Government by due appropriation

made by Parliament in this behalf.

(2) The Fund shall consist of—

(a) any voluntary donation;

(b) any loan, grant-in-aid or subsidy paid by the Central Government or State

Government or any local authority or Tea Board;

government to the fund to such extent and in such manner, as may be prescribed.

(3) The Fund shall be utilised for—

(a) institutionalisation and operationalization of extra-curricular activities, sports,

education and Life Skill Education Centre within every school premises, which are

being considered under Plantations Labour Act, 1951 for providing educational facilities.

(b) disbursement of a minimum unemployment wage to the tea farmers who get

unemployed due to shut down of tea estate, till the time the tea estate get auctioned

and they get re-employed.

farmers who get unemployed due to shut down of tea estate, till the time the Tea Estate

get auctioned and they get re-employed.

(d) organising ancillary training and other vocational programmes for tea workers

to make them more skilful in cultivation and employable for other occupations.

(e) undertaking such other activities as may be deemed necessary for carrying

out the purposes of this Act.

(4) The Central Government shall provide, from time to time, after due appropriation

made by Parliament by law in this behalf requisite funds for carrying out the purposes of this

Act.

Functions of

Tea Workers'

Statutory

Benefits

Audit

Committee.

Steps to be

taken by

Central

Government

after

presentation

of report.

Constitution

and

Utilisation of

Tea Workers'

Welfare Fund.

69 of 1951.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

7. (1) There shall be reserved such number of seats, as may be prescribed for tea

workers' children for higher education in universities.

(2) The minimum eligibility requirement for higher education in universities for tea

workers' children shall be that they must have passed the qualifying school or degree

examination.

(3) Where the admission is based on screening or written test, both for under-graduate

and post-graduate courses, the tea workers' children shall be required to take the test but

their merit list shall be drawn separately.

(4) The colleges shall fill all seats reserved for children of tea workers.

(5) The relaxation to the extent of ten percent of the minimum eligibility marks prescribed

for general category candidates shall be given to the tea workers' children.

(6) The seats reserved for the tea workers' children may be transferred to the general

category, after such period as may be prescribed.

8. (1) Upon change of ownership of a tea estate, the new owner shall sign a

No-Objection Certificate in such form and in such manner as may be prescribed for making

the payment of due wages, statutory benefits and other benefits to the tea workers employed

under the earlier owner.

(2) Tea workers shall have the right over the auction money in case any employer fails

to fulful the terms of No-Objection Certificate.

9. Any penalty received by the Central Government from employers shall be paid to the

concerned tea worker either through the bank account or by such other means as may be

prescribed.

10. (1) Any conveyance expenditure or any loss incurred by tea workers to avail the

statutory benefits or any benefits prescribed under this Act, shall be reimbursed by the

employer.

(2) The reimbursement shall be made within a month, from the date of submission of

the claim.

(3) The employers shall be liable to pay such interest and penalty as may be prescribed,

for the failure to comply with the provisions of sub-section (2).

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

notwithstanding anything inconsistent therewith contained in any other law for the time

being in force, but save as aforesaid the provision of this Act shall be in addition to and not

in derogation of any other law for the time being applicable to any matter dealt under this Act.

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 session 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.

Reservation

for Tea

Workers'

Children.

Payment of

due Wages.

Penalty

received to be

paid to Tea

workers.

Reimbursement

Conveyance

Expenditure.

Act to have

overriding

effect and to

supplement

other laws.

Power to

make rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

India is the second largest producer of tea in the world and the tea sector has positioned

itself as the second largest employer in the country with 1.12 million workers. Currently, tea

workers are covered in a piece meal fashion under various legislations. They lack

comprehensive protection which is needed for their overall development. Some of which are

outdated and do not address today's problems. Significant areas like, job security, timely

disbursement of salaries and other facilities including development of workers' children, etc.,

need to be addressed as soon as possible. The proposed Bill aims to address all such issues

and also correct the shortcomings of existing laws.

Tea workers supply tea which are sold under various international brands, but

individually they don't have even the minimum resources required to fulfil their basic needs.

Number of cases have been found where the workers are not actually getting the welfare

facilities they are entitled to. In order to address this serious issue, this Bill seeks to introduce

an Independent Audit Committee which will have authority to examine whether the entitled

benefits reach the workers without any problem and powers to intervene in cases of delay in

payments to workers. Shutdown of any operation leads to unemployment as it is not easy for

un-skilled tea workers, residing in remote areas, to get an another job to sustain their livelihood.

Hence, a Workers' Welfare Fund will be constituted, under this Bill, to take care of workers

during times of unemployment due to shutdown of tea estates, by providing them

unemployment wage and welfare facilities. This is to help them in the interim time till they get

re-employed. After the economic reforms of the country, various technological and

environmental changes have occurred in every occupation and businesses which have

resulted in the need for un-skilled workers to get trained better to ensure greater efficiency in

their work. This Bill will enforce mandatory provision for skill enhancement & ancillary

training programms and other vocational training programs for increasing their

employability.

The Government of India's flagship programme, Sarva Sikhsha Abhiyan, envisages a

vision of "Sab Padhe Sab Badhe", but when we talk about the children of tea workers living

at remote areas, they barely have enough facilities to complete even their elementary

education. This Bill introduces provisions to provide reservation in colleges, for ensuring a

specific standard of schools and institutionalisation of extra curricular activities centres,

sports education & activity cells and life skill education cells within the school premises for

the holistic development of their children.

The Government of India allowed one hundred percent FDI in the tea industry fourteen

years ago, but it skipped the required initiatives to strengthen its root i.e. tea workers. In

order to procure a safe and healthy future of tea estate workers, one needs to address their

everyday problems. Through this Bill, the common exploitation that the workers face will be

kept under check and it also ensure greater access to education for their children. This will

lead to a more sustainable life for the tea worker and also cater to the growing aspirations of

the next generation.

Hence this Bill.

VIVEK GUPTA

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the setting up of an Audit Committee and the salary

and allowances payable to the members, officers and staffs of the Committee. Clause 6(1) of

the Bill provides for the constitution of Tea Workers' Welfare Fund with the initial corpus of

one thousand crore rupees. Clause 6(4) provides for the Central Government to provide

requisite funds for carrying out the provisions of the Bill. The Bill, therefore, if enacted,

would involve expenditure from the Consolidated Fund of India.

A recurring expenditure of about rupee one thousand crore is likely to be in involved.

Non-recurring expenditure of about one hundred crore will also be involved.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 12 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—

Short title,

extent and

commencement.

Declaration

as to the

expediency

of Union

control.

BILL NO. LIV OF 2016

A Bill to provide for the establishment of an Inter-State River Water Authority to look into

regulation and development of dams on inter-State rivers, controlling developmental

activities on inter-State rivers, monitoring the safety and effects on habitat of dams

on inter-State rivers and forall matters connected therewith and incidental thereto.

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

1. (1) This Act may be called the Inter-State River Water Authority Act, 2016.

(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. It is hereby declared that it is expedient in the public interest that the Union should

take under its control the regulation and development of inter-State rivers and dams built

over them to the extent here in after provided.

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

(a) “annual safety audit report” means a report giving the safety status of

specified dams and details of effects of specified dams on surrounding environment

and habitat including human settlements.

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) “Authority” means the Inter-State River Water Authority established under

section 4;

across rivers or tributaries thereof with a view to impound, store or divert water;

(d) “inter-State river” means a river which originates in one State and passes

through one or more States other than the State in which the river has its origin before

it drains into the sea and also include rivulets, tributaries and lakes which have its

source from an inter-State river;

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

(f) “specified dams” means a dam which is,—

(i) constructed over an inter-State river; and

(ii) above fifteen meters in height, measured from the lowest portion of the

general foundation area to the crest; or between ten to fifteen meters in height

and capacity of the reservoir is not less than half a million cubic metres;

(g) “State” means the States which have one or more than one inter-State river

flowing within their territory;

(h) “State Dam Safety Cell” means the State Dam Safety Cell constituted under

section 7.

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

appoint, there shall be constituted, for the purposes of this Act, an Authority, to be known as

the Inter-State River Water Authority consisting of the following members, namely:—

(i) Chairman, Central Water Commission — ex-officio Chairperson;

(ii) Commissioner (Projects), Ministry of Water Resources — ex officio Member;

(iii) Member (Hydro), Central Electricity Authority — ex officio Member;

(iv) Director General, Geological Survey of India — ex officio Member;

(v) Director General, Indian Meteorological Department — ex officio Member;

(vi) One Scientist, Grade E, Ministry of Environment and Forests — ex officio

Member;

(vii) Engineers-in-Chief or equivalent officers of Irrigation Departments of States

having specified dams — ex officio Members;

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

considers necessary for the functioning of the Authority.

(3) The salary, allowances and terms of conditions of services of officers and staff of

the Authority shall be such, as may be prescribed.

5. (1) The Authority shall meet at such times and places and shall observe such rules

of procedure in regard to transaction of business at its meetings as may be prescribed by the

Central Government:

Provided that the Authority shall meet at least once every three months.

(2) The expenditure incurred to attend meetings by the Members referred to in

sub-clauses (i) to (vii) of section 4, shall be borne by their concerned controlling authorities.

(3) There shall be a Steering Committee consisting of the following members, namely:—

(a) Chairman, Central Water Commission;

(b) Commissioner (Projects), Ministry of Water Resources; and

Constitution

of Inter-State

River Water

Authority.

Meetings of

the Authority

and Selection

of the

Steering

Committee.

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[PART II—

section 4.

(4) The two members in Steering Committee among Members referred to in

sub-clause (vii) of section 4, shall have a term of six months and on expiry of their term,

another two members shall be chosen amongst themselves.

(5) All issues that come up before the Authority shall be decided by a majority of votes

of members of the Steering Committee, and in the event of an equality of votes, the Chairman,

Central Water Commission, shall have a casting vote.

(6) The Steering Committee shall, on every issue, deliberate and take suggestions from

all members of the Authority present, before going in for a vote.

(7) The final decision of the Authority shall be taken by the Steering Committee.

6. (1) The Authority shall discharge such functions as may be necessary to ensure

equitable distribution of water from inter-State rivers to respective States involved, ensure

proper inspection and maintenance of all specified dams in the country and ensure their safe

functioning.

(2) Without prejudice to the provisions contained in sub-section (1), the functions of

the Authority shall include to:—

(a) analyse water needs of each state considering rainfall patterns, agricultural

needs of state and deciding on the amount of water to be released to said states

through specified dams within the states.

(b) revise the existing water awards to states once in every six months, taking

into account drought time, to ensure that upper riparian states are not affected.

guidelines to bring dam safety practices in conformity with latest international practices

consistent with Indian conditions;

(d) monitor broadly the functioning of State Dam Safety Cells, as the case may

be.

(e) look into and study environmental effects due to specified dams such as soil

erosion, deforestation, effect on wildlife and other existing water bodies and advise

the Central Government on appropriate remedial actions.

(f) study the effects of specified dams on people living in surrounding areas and

advice the Central Government on necessary rehabilitation measures.

(g) examine all proposals for construction of dams on inter-State rivers and no

new dams shall be constructed on inter-State rivers without prior approval from the

Authority.

(h) redress grievances of states with regard to decisions made by the Authority

and resolve it in a time bound manner by forming a Committee of three members as

specified in section 8.

(3) The Authority shall also disseminate the knowledge and information collected to

the State Dam Safety Cells.

7. (1) Every State having one or more specified dams shall establish under its Water

Resource Department or Irrigation Department or the department dealing with matters of

water resources, a separate Cell known as the State Dam Safety Cell headed by an Officer not

below the rank of Superintending Engineer or equivalent.

(2) The constitution of the State Dam Safety Cell shall be such as may be prescribed by

the State Government.

Functions of

the Authority.

State Dam

Safety Cells.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(3) The administrative and other expenses of the State Dam Safety Cells shall be borne

by the concerned State Governments.

(4) Every State Dam Safety Cell shall:—

(a) keep perpetual surveillance;

(b) monitor maintenance;

of all specified dams falling within its State, to ensure continued safety of such specified

dams and take such measures as may be necessary to address safety concerns that are

noticed.

(5) Every State Dam Safety Cell shall provide information regarding all specified dams

under its jurisdiction and shall act with prior approval from the Authority as and when

required by the Authority.

(6) Every State Dam Safety Cell shall submit an audit report every three months, of all

specified dams under its jurisdiction, to the Authority.

8. (1) The Authority shall constitute a permanent expert redressal committee consisting

of three members selected by the Steering Committee from amongst persons who have

served as a Judge of the Supreme Court of India.

(2) If it appears to the Government of any State that the decision of the Authority is in

any way against the interests of the particular State or if any State refuses to implement the

terms proposed by the Authority, the said State shall have the right to approach the expert

redressal committee.

(3) The redressal committee shall submit its report on any case that arises before it

within a period of six months to the Authority.

9. The Central Government, shall from time to time provide, after due appropriation

made by Parliament by law in this behalf, requisite funds for carrying out the purposes of this

Act.

10. If any difficulty arises in giving effect to the provisions of this Act, the Central

Government, in consultation with the State Governments, 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.

11. The Central Government, in consultation with the State Governments, may by

notification in the Official Gazette, make rules for carrying out the purposes of this Act.

Dispute

Resolution

within the

Authority.

Government to

provide funds.

Power to

remove

difficulty.

Power to make

rules.

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[PART II—

STATEMENT OF OBJECTS AND REASONS

Rivers are rich sources of habitat. People from past, have migrated and settled around

rivers. Thus it shows how important water sources are for survival of humans. Our country,

has 14 major rivers. All of them are inter state rivers. More than 21 states have at least one or

more inter-state rivers flowing through them. Conflicts arising between States in sharing the

river water has been at the forefront of issues in our country. A Central Control over inter

state dams is lacking and river water tribunals, which adjudicate on disputes, have prolonged

the cases without any fruitful results.

As civilizational damand increases, river water which was mainly used for irrigation

purposes, now also has to cater to needs of fast growing industries. Today, each State is

competing for the welfare of its own people and hence trying to maximise utilisation of the

river water flowing within their territory. Compunded by the situation of uneven monsoons,

our farmers, who are the backbone of this country, are the worst affected. Disputes between

states have led to bad blood between its people thereby in a subtle way compromising the

integrity of the nation. Our founding fathers had put their minds into this problem and had

enshrined certain powers in the Constitution for the Union Government in this regard. The

provision under Article 262, gives the parliament the power to create laws on adjudicating

disputes between state regarding river water.

Therefore it is proposed in this Bill to constitute an Inter-State River Water Authority

consisting of members from the concerned Ministries, expert bodies and from all States

having at least one inter-state river within their territory. It is proposed that this authority will

have the exclusive powers to regulate flow of water and monitor water levels on all dams

present over inter-state rivers. Any dispute arising between the State and the Authority will

be taken up by a Committee formed under the Authority consisting of three retired Supreme

Court judges. This committee should give its decision in six months and it will be bonding on

the States. Any new projects on inter-state rivers will require the prior approval of the

Authority. It will also have the powers to issue detailed guidelines regarding dam safety by

establishing Dam safety councils in states to carry out regular audits and frame guidelines

advising the Government on issues relating to rehabilitation and compensation for people

affected due to dams on inter-state rivers.

This Bill, by providing the power to regulate dams on inter-state rivers, to an independent

body comprising of the union, states and other experts, will help solve the problem of states

acting on their own accord. This will result in an atmosphere of better cooperation among the

stakeholders, leading to greater efficient usage of our water resources.

Hence this Bill.

VIVEK GUPTA

SEC. 2]

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FINANCIAL MEMORANDUM

Clause 4 of the Bill provides for the constitution of Inter-State River Water Authority

and also appointment of such number of officers and staffs for its functioning. Clause 9

makes it obligatory for the Central Government to provide requisite funds for carrying out

the purposes of this Bill. The Bill, therefore, if enancted will involve recurring expenditure of

one hundred crore rupees per annum which shall be not from the Consolidated Fund of India.

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

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

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

for making rules, by notification in the official gazette for carrying out the purposes of the

Bill. The rules will relate to matters of details only.

The delegation of legislative power is of normal character.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

VII

BILL NO. LVII OF 2016

A Bill further to amend the Constitution of India.

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

follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2016.

(2) It shall be deemed to have come into force on the 10th day of July, 2013.

2. In article 102 of the Constitution, after clause (1), the following clause shall be

inserted, namely:—

‘‘(1A) Nothing in clause (1) of this article shall prevent the Parliament from

making any law containing special provisions concerning the elected members of

either House of Parliament with regard to the date of disqualification and such other

matters pertaining to the rights and privileges of the elected members.”

3. In article 191 of the Constitution, after clause (1), the following clause shall be

inserted, namely:—

‘‘(1A) Nothing in clause (1) of this article shall prevent the Parliament from

making any law containing special provisions concerning the elected members of the

Legislative Assembly or Legislative Council of a State with regard to the date of

disqualification and such other matters pertaining to the rights and privileges of the

elected members.’’

Short title, and

commencement.

Amendment of

article 102.

Amendment of

article 191.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Representation of the People Act, 1951 provides for the conduct of elections of

the Houses of Parliament and the House or Houses of the Legislature of each State, the

qualifications and disqualifications for membership of those Houses, the corrupt practices

and other offences at or in connection with such elections and the decision of doubts and

disputes arising out of or in connection with such elections.

Section 8 of the said Act provides that a person convicted of an offence mentioned

in the said section shall be disqualified from the date of conviction and the disqualification

is to be continued for such period as specified in that section. sub-section (4) thereof

carves out an exception providing that the disqualification under sub-sections (1), (2) or (3)

of the said section shall not take effect in the case of a sitting member of Parliament or the

Legislature of a State until three months have elapsed from the date of conviction or, if

within that period an appeal or application for revision is brought in respect of the

conviction or the sentence, until that appeal or application is disposed of by the court.

The Supreme Court in Lilly Thomas Vs. Union of India and others [W.P. (Civil)

No. 490 of 2005], in its judgement dated 10th July, 2013 has held that Parliament has no

power to enact sub-section (4) of section 8 of the said Act and declared that the said

provision as ultra vires of the Constitution and judgement be given prospective effect the

Court also observed that in view of the provisions of the article 102(3)(1)(e)(a) and article

191 (1) (e), Parliamment has power to make law laying down the same disqualifications for

a person who is to be chosen as member of either House of Parliament or as a member of

the Legislative Assembly or Legislative Council of a State and for a person who is a sitting

member of a House of Parliament or a House of the State Legislature. The Honourable

Court has also held that disqualification is instantaneous unless judicially redressed by an

order of the appellate/revisional court suspending the operation of such conviction.

Having regard to the fact that there are rights and privileges constitutionally mandated

in respect of elected Members of the Parliament and Legislatures, imbued with the obligation

of espousing the cause of the electorate in the law-making bodies, it is deemed fit and

proper to enable the law to recognise such distinction between the elected members and

persons who seek such election vis-a-vis the effects of disqualification under the law

referable to article 102(1) (e) and article 191(1) (e).

It is further noticed that the disqualification of an elected member immediately from

the date of conviction and sentence and vacation of his Parliamentary or Legislative seat

creates vacuum in respect of representation of the people in the Lower House and Vidhan

Sabha as case may be. There cannot be any vaccum in respect of representation of people

in an elective democracy. This is more so because, the right of the electors to be represented

in the legislative process is a tenet of elective democracy. Further, the elections to the seat

so vacated by elected member owing to his disqualification given effect instantaneously,

would incur considerable expenditure to the Consolidated Fund of India.

It is further noticed that should a High Court or Supreme Court in its final judgement

overrule or set aside the conviction or sentence, any process of bye-election initiated

within six months of the vacancy under section 151A of the Representation of People

Act, 1951 resulting in election of another person, cannot be reversed. In the Interregnum,

if the elected member is deprived of his rights and Privileges of being an elected Member,

the injury to the elected Member is irreparable including the right of the electors to be

represented by such elected Member.

Therefore, it has been proposed to amend the provisions of article 102 and article 191

of the Constitution of India to empower Parliament to provide for special provisions in

regard to elected membes vis-a-vis disqualification by operation of law referable to article

102(1) (e) and 191(1) (e) of the Constitution validating section 8 (4) of the Representation

of People Act, 1951, by legislatively removing the basis of the judgement of the Supreme

Court in Lily Thomas case. The amendment is proposed with retrospective effect, i.e.,

10th July, 2013, the date on which the honourable Supreme Court prospectively declared

section 8(4) of the Representation of People Act, 1951 as ultra vires.

The Bill seeks to achieve the above objectives.

Hence this Bill.

V. VIJAYASAI REDDY

————

SHUMSHER K. SHERIFF,

Secretary-General.

GMGIPMRND—3750GI(S3)—14.12.2016.

PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS

IN THE RAJYA SABHA AND UPLOADED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS MINTO ROAD NEW DELHI-110002.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 2]

RAM

DAYAL

Digitally signed

by RAM DAYAL

Date: 2016.12.14

15:12:03 +05'30'