Short title,

extent and

commence-

ment.

LOK SABHA

————

The following Bills were introduced in Lok Sabha on 28th December, 2018:—

BILL NO. 182 OF 2018

A Bill to provide for prevention of acid attacks by surveillance over sale, supply and use

of acid or other such corrosive agents and rehabilitation of victims of acid attack and

for matters connected therewith or incidental thereto.

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

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Prevention of Acid Attacks and Rehabilitation of Acid

Attack Victims Act, 2018.

(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.

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EXTRAORDINARY

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PART II — Section 2

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PUBLISHED BY AUTHORITY

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bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA

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

REGISTERED NO. DL—(N)04/0007/2003—18

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

(a) "acid" means any substance which has acidic or corrosive character or

burning nature, that is capable of causing bodily injury leading to scars or disfigurement

or temporary or permanent disability;

(b) "acid attack victim" means a woman on whom acid has been poured or

sprinkled with the intention of causing bodily injury or disfigurement and who, as a

consequence of such act, has suffered any bodily injury or disfigurement effected by

chemical action of the acid.

(i) in relation to a Union territory, the Central Government; and

(ii) in relation to a State, the Government of that State; and

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

CHAPTER II

REGULATION OF TRADE, SALE, SUPPLY AND USE OF ACID

3. (1) Every person engaged in the business or trade of acid shall maintain records of

sale, purchase and supply of acid and its quantity, concentration and chemical composition.

(2) No person shall sell or otherwise deliver to a person an acid of higher concentration

than the prescribed degree for the intended use by such person.

(3) No person shall sell or otherwise deliver acid to a person without keeping a record

of his identity, the quantity of acid and the purpose for which the acid is to be used.

(4) Every person who sells or delivers acid to a person shall install CCTV for recording

and monitoring of sale process of acid.

4. The Central Government shall, by notification in the Official Gazette, specify the

kinds and degrees of concentration of acid to be used for different purposes.

CHAPTER III

CONSTITUTION OF BOARD

5. (1) The Central Government shall, by notification in the official Gazette, constitute

a Board to promote and undertake such rehabilitation and welfare measures, as it may think

fit, for the victims of acid attack throughout the country.

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

rehabilitation and welfare measures may provide for—

(a) assessing the incidents of acid attacks in the country;

(b) payment of such compensation to victims of acid attack as may be prescribed;

(c) rehabilitation measures including employment in Government or its

organizations or providing facilities of self employment, thr.ough vocational

training; and

(d) such other facilities as may be prescribed.

(3) The Board shall consist of—

(a) a retired judge of the High Court as Chairperson; and

(b) five other members having such experience as may be prescribed,

to be appointed by the Central Government in such manner as may be prescribed:

Provided that at least two members of the Board shall be women.

Definitions.

Regulation of

sale, purchase,

trade,

supply of acid.

Classification

acid

concentration

for

different

purposes.

Constitution

of Board.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

Chairperson and other members of the Board shall be such as may be prescribed.

CHAPTER IV

REHABILITATION OF ACID ATTACK VICTIMS

6. Where an acid attack has caused substantial bodily harm to or resulted in

disfigurement of the victim, such victim shall be deemed to be person with disability for the

purposes of availing benefits under various schemes, including employment under the Central

Government, any State Government, any local body, autonomous bodies under any

Government or any public sector undertakings depending on percentage of burn or bodily

harm or disfigurement of the victim:

Provided that if the victim is incapable of employment, reimbursement of expenditure

incurred on her medical treatment and compensation for rehabilitation shall be determined by

degree of burn or disability as prescribed by the Board.

CHAPTER V

OFFENCES AND PENALTIES

7. Any person who contravenes the provisions of section 3 shall be punished with

simple imprisonment for a term which may extend upto six months or with fine which may

extend upto five lakh rupees or with both.

CHAPTER VI

AMENDMENT OF THE INDIAN PENAL CODE

8. In section 326A of the Indian Penal Code, 1860 (hereinafter referred to as the Code),

for the words "and with fine", the words "and with fine, which shall not be less than rupees

ten lakh" shall be substituted.

9. In section 326B of the Code, for the words "seven years, and shall also be liable to

fine", the words "ten years, and shall also be liable to fine which shall not be less than rupees

three lakhs" shall be substituted.

CHAPTER VII

AMENDMENT OF THE CODE OF CRIMINAL PROCEDURE

10. In section 357C of the Code of Criminal Procedure, 1973 the following Explanation

shall be inserted at the end namely:—

"Explanation.— For the purposes of this section, any reconstructive procedures and

surgeries required shall be treated as medical treatment.".

11. In the First Schedule to the Code of Criminal Procedure, 1973, under the heading

“I.- OFFENCES UNDER THE INDIAN PENAL CODE”, in the entry relating to section 326B,

in column 3, for the words and number “which may extend to 7 years and with fine”, the

words and number “which may extend to 10 years and shall also be liable to fine which shall

not be less than rupees three lakh” shall be substituted.

CHAPTER VIII

MISCELLANEOUS

12. 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.

Acid

attack

victims to be

treated

persons with

disability in

certain cases.

Offences and

Penalties.

Amendment

section

326A.

45 of 1860.

Amendment

section

326B.

Amendment

section

357A.

Amendment

of the First

Schedule.

Power to

remove

difficulties.

2 of 1974.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

therewith contained in any other law for the time being in force or in any instrument having

effect by virtue of any law other than this Act.

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

rules for carrying out the purpose 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.

Act to have

overriding

effect.

Power to

make rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

It is perturbing that there are certain forms of violence against women which emanate

from the medieval mindset of subjugation of women and still continues. One manifestation of

this mindset is incidents of acid attacks on women.

Though acid attack is a crime which can be committed against any man or women, it

has a specific gender dimension in India. Most of the reported acid attacks have been

committed on women, particularly young women for spurning suitors, for rejecting proposals

of marriage. Recently, there was a report in media of acid attack by husband on his wife.

Until 2013, there was no clear mechanism to ascertain the number of cases involving

acid attacks since the Indian Penal Code, 1860 did not recognise it as a separate offence. The

offence of acid attack was being dealt with under various sections of the Indian Penal Code

(IPC) and only estimates of figures of such attacks were available. The Criminal Law

(Amendment) Act, 2013 inserted new sections 326A and 326B in the Indian Penal Code and

made specific offences of hurt by use of acid.

Though cases of acid attacks on women have been witnessed for decades, the need to

address the legislative framework underlying the offence of acid attack was emphasised by

the Supreme Court in Laxmi versus Union of India. In this case, the court issued directions

inter alia regarding compensation to acid attack victims, effective regulation of sale of acid,

and free treatment of victims. Some of these guidelines have been incorporated in law. Still,

there is little clarity on issues such as penal provisions against dealers making unregulated

sales of acid, adequacy of the amount of compensation of victims, their status as persons

with disabilities, etc.

The Bill, with a view to facilitate rehabilitation of victims of acid attack inter alia

provides for—

(i)

classification of acid on the basis of its intensity and concentration and to

prevent sale of acid of higher concentration for day-to-day purposes;

(ii)

prohibition of sale of acid without verifying identity of the buyer and the

purpose of its use;

(iii) maintenance of proper records of stock, sales, supply, etc. of acid by dealers;

(iv) making unregulated sale of acid an offence punishable with six months

imprisonment and fine;

(v)

treatment of acid attack victims as persons with disabilities for the purposes

of extending benefits under various schemes of the Governments, including employment

under the Central Government, State Governments or bodies thereunder;

(vi) increasing the maximum quantum of punishment for acid attack under section

326B of the Indian Penal Code, 1860 to imprisonment for ten years;

(vii) stipulating the minimum amount of compensation for acid attack victims as

ten lakh in cases of grievous hurt and three lakh in other cases or such higher amount

as may be specified;

(viii) constitution of a Board to take rehabilitation and welfare measures for the

victims of acid attack; and

(ix) inclusion of reconstructive cosmetic surgeries and psychological counseling

to victims as part of medical treatment in case of acid attack.

The Bill seeks to achieve the above objectives.

Hence this Bill.

NEW DELHI;

KAKOLI GHOSH DASTIDAR

August 8, 2018.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 5 of the Bill provides for constitution of a Board to take appropriate and various

other rehabilitation and welfare measures for the victims of acid attack including payment of

compensation to the victims. Clause 6 provides for employment or facilities for self-employment

to the victims of acid attack. The Bill, therefore, if enacted will involve expenditure from the

Consolidated Fund of India. At this stage, it is not possible to give an estimate of recurring

or non-recurring expenditure involved since it would depend upon the number of eligible

acid attack victims. However, it is estimated that a recurring expenditure of one hundred

crore is likely to be involved per annum from the Consolidated Fund of India.

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

——————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 14 of the Bill empowers the Central Government to make rules for carrying out

the purposes of the Bill. As the matters in respect of which rules may be made are matters of

procedure and details only and it is not practicable to provide for them in the Bill itself the

delegation of legislative power is, therefore, of a normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Short title and

commencement.

BILL NO. 166 OF 2018

A Bill further to amend the Constitution of India.

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

1. (1) This Act may be called the Constitution (Amendment) Act, 2018.

(2) 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. (1) The State shall provide health protection to all citizens in such manner

as the State may, by law, determine.

(2) The right to health protection under sub-section (1) shall include—

(a) prevention, treatment and control of diseases;

(b) access to essential medicines;

(d) access to basic health services;

(e) access to emergency medical treatment; and

(f) access to mental healthcare:

Provided that the State shall earmark not less than eight per cent. of its annual estimated

receipts for healthcare.’’.

Insertion of

new article

21B.

Right to

Health.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Article 47 of the Constitution makes it a duty of the State to raise the level of

nutrition and the standard of living and to improve public health. However, the current

status of healthcare in India reflects that further measures are required to be taken by

the State to assure health to all citizens of the State.

The Government expenditure on health is only 1.4 per cent. of Gross Domestic

Product (GDP) and the public health infrastructure is inadequate and unequally

distributed. The Draft National Health Policy, 2015 takes note of the fact that over

63 million persons are faced with poverty every year due to healthcare costs alone as

there is no financial protection for the vast majority of healthcare needs. According to

Sample Registration System (SRS) 2013, 1.26 million children under the age of five are

estimated to die in our country every year due to preventable diseases.

Thus, due to lack of enforceability of Directive Principles, right to health remains

unenforceable for citizens. However, the Supreme Court in Paschim Banga Khet

mazdoor Samity & ors V. State of West Bengal & ors, while widening the scope of

article 21 held that providing adequate medical facilities for the citizens is an obligation

of the Government in a welfare State. The right to health is also internationally recognised

as a fundamental human right. In 1946, the World Health Organisation stated in its

Constitution that "the enjoyment of the highest attainable standard of health is one of

the fundamental rights of every human being without distinction of race, religion,

political belief, economic or social condition". This right is also included in the Universal

Declaration of Human rights and in the International Covenant on Economic, Social

and Cultural rights, to which India is a signatory.

The initial Draft of National Health Policy, 2017 declared that Right to Health

shall be guaranteed as an enforceable fundamental right under the Constitution in

order to empower the citizens to hold the State accountable for it. The National Health

Policy, 2017 requires the States to spend at least 8 per cent. of their Annual Budget on

Healthcare.

Therefore, it is essential to amend the constitution with a view to make right to

health a fundamental right of the citizens.

Hence this Bill.

NEW DELHI;

NISHIKANT DUBEY

January 23, 2018.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Short title,

extent and

commencement.

BILL NO. 161 OF 2018

A Bill to provide for making teaching of vedic education compulsory in educational

institutions and for matters connected therewith or incidental thereto.

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

follows:—

1. (1) This Act may be called the Vedic Education (Compulsory Teaching in

Educational Institutions) Act, 2018.

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

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

notification in the Gazette, appoint:

Provided that different dates may be appointed for different provisions of this

Act and any reference in any such provision to the commencement of this Act shall be

construed as a reference to the commencement of that provision.

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

(a) "appropriate Government" means,—

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(i) the Central Government in the case of educational institutions run by

the Central Government; and

(ii) in all other cases, the State Government;

(b) "Council" means the Vedic Education Council established under section 4;

upto the level of secondary education but does not include a minority educational

institution;

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

(e) "vedic education" means education in principles and ideals underlying

vedic literature, vedic philosophy and vedic life, which are non-religious in character.

3. Vedic education as recommended by the Council shall be taught as a compulsory

subject in all educational institutions in such form and manner as may be prescribed.

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

with effect from such date as may be specified in the notification, a Council to be known as

the Vedic Education Council.

(2) The Council shall consist of such number of members, having special knowledge or

experience in the fields of history, education or vedic studies, as may be prescribed.

(3) The Central Government may appoint such number of officers and staff as may be

required for effective functioning of the Council.

(4) The salary and other allowances payable to, and other terms and conditions of

service of, the members and officers and staff of the Council shall be such as may be

prescribed from time to time.'

5. The Council shall—

(1) to make recommendations to the appropriate Government on the curriculum for

vedic education for each class;

(2) make recommendations to the appropriate Government regarding the class or

category of students or educational institutions which shall be exempted from the provisions

of this Act;

(3) prescribe to the appropriate Government the principles and standards to be observed

for granting accreditation to institutions imparting training to teachers of vedic education;

(4) advise the appropriate Government on imposition of penalty under section 7 of

the Act.

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

this behalf, provide adequate funds to the Council for carrying out the purposes of this Act.

7. Where an educational institution fails to comply with the provisions of section 3 of

this Act, then for the first failure, it shall be liable to a fine which may extend upto five lakh

rupees and for successive failures, to a fine which may extend upto ten lakh rupees or de-

recognition of the educational institution or both:

Provided that no penalty under this section shall be imposed on any educational

institution unless a reasonable opportunity of being heard has been provided to such

institution:

Provided further that no penalty under this section shall be imposed except on the

recommendation of the Vedic Education Council.

Compulsory

teaching of

vedic

education in

educational

institutions.

Constitution

of Vedic

Education

Council.

Functions of

the Council.

Central

Government

to provide

funds.

Penalty.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

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

9. (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 order shall be made under this section after the expiry of a period of two

years from the commencement of this Act.

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

before each House of Parliament.

10. (1) The Central Government may, by notification, make rules for carrying out the

provisions 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 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.

Act to have

overriding

effect.

Removal of

Difficulties.

Power to

make rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Vedic period is considered among the most glorious periods in Indian history. This

was a period when civilisation grew and flourished socially, culturally, educationally and

spiritually. The richness of vedic culture is so clearly evident in vedic literature - the Vedas

being the most prominent among them. It is not surprising that the vedic philosophy enshrined

in this literature pervaded all walks of vedic life. A grave misconception that has subsisted

over centuries is that vedic literature is predominantly religious in character. On the contrary,

Vedas are eternal and their appeal is universal since they transcend all religions. In fact, the

essence or core of all religions, where they all agree, is the true vedic religion.

Vedas talk about equality, universal brotherhood, harmonious development of life and a

rational thinking. The essence of vedic knowledge, therefore, lies in those philosophical

aspects that teach people to lead a life to its perfection. This is exactly what was sought to be

achieved by imparting education in gurukuls.

Unlike the modern education, which is largely academic in nature, vedic education was

more comprehensive in nature. It was not intended just to ensure employability of the pupils.

Rather, it aimed at formation of individual character and inculcation of a sense of

righteousness, self-control and discipline. Towards this end, vedic education touched all

aspects of human life — from physical development to sublimation of instincts, commitment

to motherland and indebtedness to mother earth.

Considering the relevance of these objectives in the present age and the contribution

vedic education can make towards the objective of creating a responsible citizenry, the Bill

provides for:—

(i) compulsory vedic education of non-religious character in educational institutions;

(ii) establishment of a Vedic Education Council for this purpose;

(iii) imposition of pecuniary penalty or derecognition for failure to comply with the

provisions of the Bill; and

(iv) empowering the Vedic Education Council to recommend which class or category of

students or educational institutions shall be exempt from the provisions of the Bill.

The Bill seeks to achieve the above objects.

NEW DELHI;

NISHIKANT DUBEY

January 23, 2018.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides for constitution of the Vedic Education Council

consisting of such number of members as may be prescribed and for salary and other

allowances payable to its members, officers and staff. Clause 6 provides for making

available adequate funds to the Council by the Central Government for carrying out

the purposes of the Bill. The Bill, therefore, would involve expenditure out of the

Consolidated Fund of India. It is estimated that a recurring expenditure of fifteen crore

rupees per annum will be incurred out of the Consolidated Fund of India for the purpose

of the Bill.

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

——————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 10 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 details only. The

delegation of legislature power is of a normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 120 OF 2018

A Bill to constitute an Authority to ensure stabilization of population of cows (Bos indicus)

and to suggest such measures to comply with articles 37 and 48 of the Constitution, to

ban the slaughter of cows and for matters connected therewith or incidental thereto.

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

1. (1) This Act may be called the Cow Protection Act, 2018.

(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) "Authority" means the National Cow Protection Authority constituted under

section 3;

(b) "cow protection" means total ban in any form of injury or slaughter or enforced

starvation of the breed of Indian cow (Bos Indicus);

cow; and

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

Short title,

extent and

commencement.

Definitions.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

3. (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 National Cow Protection Authority consisting of the following members, namely,—

(a) Secretary, Department of Animal Husbandary in the Ministry of Agriculture-

Chairperson, ex-officio; and

(b) five persons of eminence in the fields of agricultural economics, animal

welfare and ancient Indian history or culture—Members.

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

considers necessary for the function of the Authority.

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

members, officers and staff of the Authority shall be such as may be prescribed.

4. The Authority shall meet at such time and place and shall observe such rules of

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

Central Government.

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

stabilization of the cow population in the country and formulate a comprehensive policy for

the purpose within one year after its constitution.

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

the Authority shall include—

(a) undertaking of a baseline study to collect data about cow population and to

formulate a Qualitative Cow Dignity Index (CDI) as may be prescribed which shall be

completed within one year of setting up of the Authority;

(b) formulation of schemes to provide for healthy Bos Indicus cows and calves;

(d) making recommendation to the Central Government, deterrent penalties

including death penalty, to those who commit offences against cows and not follow

the policies framed by the Authority;

(e) framing syllabus for awareness about importance of cow protection and

development all over the country; and

(f) conducting awareness campaigns about medical imperatives for improving

health of Bos Indicus cows and progeny.

6. (1) The Authority shall prepare once every year an annual report in such form, as

may be prescribed, giving the summary of its activities, including schemes it has undertaken

and recommended to the Government during the previous year and statements of annual

accounts of the Authority.

(2) A copy of the Report shall be forwarded to the Central Government and the Central

Government shall lay the Report before each House of Parliament as soon as it is received

and shall also lay the action taken thereon within a period of three months from the date of

receipt of the report.

7. 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.

8. The Central Government shall on the recommendation of the Authority prosecute

any person within the framework of the Code of Criminal Procedure 1973 on commuting any

offence prescribed by law.

Constitution

of National

Cow

Protection

Authority.

Meetings

the Authority.

Functions of

the Authority.

Annual

Report and its

laying before

Parliament.

Central

Government

to provide

Funds.

Prosecution

for offences.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

9. 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 be necessary or

expedient for the removal of any difficulty:

Provided that no such order shall be made after the expiry of three years from the date

of commencement of this Act.

10. (1) 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.

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

before each House of Parliament or, as the case may be, each House of the State Legislature,

while it is in session, for a total period of thirty days which may be comprised in one session

or two or more successive sessions, and if, before the expiry of the session immediately

following the session or the successive, sessions aforesaid, Parliament or, as the case may

be, the State Legislature agrees in making any modification in the rule or agrees 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.

Power to

remove

difficulty.

Power to

make rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Article 48 of the Constitution enjoins on the State to organize agricultural and

animal husbandry on modern and scientific lines and in particular to take steps for

preserving and improving the breeds and prohibiting the slaughter of cow and its

progeny. Article 37 provides inter-alia that the State shall apply these principles

(Directive Principles) in making laws. It is, therefore, proposed to enact a uniform

central law to constitute an Authority to ensure stabilization of the cow population in

the country and to ban the slaughter of cows.

The salient features of the Bill are—

(i) total ban in any form of injury or slaughter or enforced starvation of the breed

of Indian cow (Bos Indicus);

(ii) provision of funds to help incentivise adoption of cow and setting up

Gowshalas; and

(iii) constitution of the National Cow Protection Authority to formulate a

comprehensive policy for the stabilization of the cow population within one year after

its constitution.

Hence this Bill.

NEW DELHI;

NISHIKANT DUBEY

July 2, 2018.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 131 OF 2018

A Bill to provide for compulsory protection of witnesses and victims of crimes by

the State who are intimidated, harassed, physically attacked mostly by various

means or of their family members or their near and dear ones by the accused of

crimes or by their accomplices or friends or relatives or co-accused or

sympathizers committed either directly against the victims or against their

family members or their near and dear ones and for matters

connected therewith or incidental

thereto.

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

follows:—

1. (1) This Act may be called the Compulsory Protection of Witnesses and

Victims of Crimes Act, 2018.

(2) It extends to the whole of India.

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

Short title,

extent and

commence-

ment.

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) "concealing of the identity of witness" means any condition prohibiting

publication or revealing, in any manner whatsoever, directly or indirectly of the name,

address and other particulars relating to witness which may lead to the identification

of the witness of a crime;

children including legally adopted ones of the witness or victim of a crime;

(d) "in-camera proceedings" mean prodceedings wherein the public and press

are not allowed to witness the proceeding;

(e) "near and dear ones" include the relatives, in-laws, friends, etc.;

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

(g) "threat analysis report" means a detailed report prepared by designated

police officers of the District or the unit investigating the case reflecting the seriousness

and credibility of the threat perception to a witness or victim, as the case may be, or his

family members or near or dear ones containing specific details about the nature and

seriousness of threats faced by the witness or victim or his family members or near and

dear ones to their life, reputation or property;

(h) "victim" means a person who is harmed physically or robbed or cheated as a

result of a crime;

(i) "witness" means any person who possesses information or domcument about

any crime regarded by any Court of law as being material to any criminal proceedings

and who has made a statement or who has given or agreed to give evidence in relation

to such proceedings;

(j) "witness or victim protection application" means an application moved by the

witness or the victim, as the case may be, in the prescribed form before the competent

court of law for seeking witness or victim protection order;

(k) "witness or victim protection order" means an order passed by the competent

court of law detailing the steps to be taken by the local police for ensuring safety of

life, reputation or property of the victim or witness, and his family members, near and

dear ones and shall include interim order, if any, passed during the pendency or witness

of victim protection application.

3. (1) The appropriate Government shall provide compulsory protection to the witness

or the victim, as the case may be, who is intimidated, harassed, physically attacked by arms

or otherwise, or his kidnapping or of his near and dear ones by the accused of crime or by his

accomplices or friends or relatives or co-accused or sympathizer, committed either directly

against the witness or the victim or against their family members or near and dear ones

whenever a request is made to the appropriate Government by either the witness or victim, as

the case may be, or by their family member or near and dear one.

(2) The appropriate Government shall take the necessary measures for providing

protection to witness under this act.

(3) Without prejudice to the generality of the foregoing provisions the measures shall

include,—

(a) procedure of availing protection from the State;

(b) concealment of the identity of the witness;

(c) avoidance of face to face contact between the witness or the victim, as the

case may be, and the accused;

Definitions.

Compulsory

protection of

witness or the

victim of

crime.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(d) compulsory in-camera proceedings so as to protect the identity of the

witness;

(e) monitoring of the calls and mails of the witness or the victim, as the case

may be, and providing him with an unlisted number;

(f) installation of security devices like closed circuit television alarms, or any

other such devices at the place of residence or office of the witness or victim, as the

case may be.

(g) undertaking any other measure issued under the witness or victim

protection order to ensure safety of the witness or victim, as the case may be.

4. (1) During the course of investigation of an offence, the witness of the offence

or victim thereof may apply for protection order at the court in which the proceedings are

being heard in such manner as may be prescribed;

(2)The Court shall, upon receipt of an application under sub-section (1), call for the

threat analysis report and shall, upon receipt of the report, evaluate the threat to the life,

reputation or property of the witness or victim, as the case may be, or his family members

or near or dear ones or any other person, which it deemed fit, to ascertain whether there

is necessity to pass a witness or victim protection order or not.

(3)The threat analysis report shall be submitted within seventy-two hours of the

receipt of the application.

(4)During the course of hearing of the application, the identity of the witness shall

not be revealed to any other person.

(5)The National or State Legal Service Authority constituted under the Legal

Services Authorities Act, 1987 shall provide legal aid to the applicant free of cost.

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

the National Legal Services Authority shall coordinate and frame policies for effective

implementation of the provisions of this Act and rules made thereunder.

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

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

7. (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 appears to it to be necessary or

expedient for removing the difficulty:

Provided that no such order shall be made after expiry of two years from the date of

commencement of this Act.

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

laid before each House of Parliament.

8. The provisions of this Act shall in addition to and not in derogation of any other

law, for the time being in force.

9. (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 the State Legislature while it is in session for a total period of thirty

Process of

availing

protection.

Power to

remove

difficulty.

National legal

Services

Authority to

coordinate

and frame

policies for

implementation

of the act.

Central

Government

to provide

funds.

Act to

supplement

other laws.

Power to

make Rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

These days people who are witness to crimes do not come forward to depose

before the court of law because they fear for their lives, property or reputation and

similar fear is felt for their family members and near and dear ones. It is also true that the

criminals in particular the hardened ones and organized criminals first of all target the

witnesses and victims, their family members, near and dear ones with intimidation,

harassment, attacks with arms, acid etc., so that they do not come forward to give

evidence in the court due to fear factor. The victims of crimes are threatened to withdraw

the case or face the consequences. In most of rape cases and murders it is happening.

Many a times the victim or witnesses have been attacked and even murdered. Acid

throwing on rape victims is very common. As such in the absence of reliable evidence

the criminals go scot free which becomes a morale booster for them to become hardened

criminals. Unfortunately of late orgainsed crime has grown and is becoming stronger

and more diverse.

It is also true that in the course of investigation and prosecution of crime, in

particular the most serious and complex forms of organized crime and heinous crimes

like murder, rape, act of terrorism or voilence it is essential that the witnesses, the

cornerstones for successful investigation and prosecution must have trust in criminal

justice system. They need to have confidence to come forward to assist law enforcement

and prosecutorial authorities. Similar is the case of victims of crimes. In fact the witnesses

as well as victims of crimes have to be assured that they will receive State support and

protection from intimidation and the harm that criminal or criminal groups may seek to

inflict upon them or upon the family members or near or dear ones in an attempt to

discourage or punish them. The apex court has also emphasized on the need of legislative

measures for the protection of victims and witnesses which has to be implemented in

letter and spirit.

Hence this Bill.

NEW DELHI;

NISHIKANT DUBEY

July 2, 2018.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Sub-clause (2) (f) of clause 3 of the Bill provides for installation of security devices like

Closed Circuit Television (CCTV) alarms etc. at the residence or office of the witness or the

victim of a crime. Sub clause (5) of clause 4 provides that the National or State Legal Services

Authority shall provide legal aid to the applicant free of cost. Clause 6 makes it mandatory for

the Central Government to provide requisite funds for carrying out the purposes of the Bill.

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

It is likely to involve a recurring expenditure of rupees ten thousand crore per annum. No

non-recurring expenditure is likely to be involved.

——————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 9 of the Bill, gives power to the Central Government to make rules for carrying

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

delegation of legislative power is of normal character.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Short title and

commencement.

BILL NO. 149 OF 2017

A Bill further to amend The Code of Criminal Procedure, 1973.

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

follows:—

1. (1) This Act may be called the Code of Criminal Procedure (Amendment) Act,

2017.

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

notification in the Official Gazette, appoint.

2. In section 41 of the Code of Criminal Procedure, 1973, after sub-section (2),

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

"(3) Notwithstanding anything in clause (b) of sub-section (1), no person,

against whom credible information regarding commission of an offence

punishable under section 498A of the Indian Penal Code, 1860 has been received,

shall be arrested unless it can be adduced from the credible information that an

aggravated form of cruelty as defined under clause (a) of Explanation to section

498A of that Code has been committed by that person:

Provided that the police officer shall, prior to arrest of a person, take

reasonable steps for reconciliation between the parties and await the

outcome of the steps taken for a period of thirty days.".

Amendment

of section 41.

2 of 1974.

45 of 1860.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Section 41 of the Code of Criminal Procedure, 1973 (Cr. P.C.) provides for conditions

and restrictions for arresting a person without an order from the Magistrate and without a

warrant. However, in case of offences punishable under section 498A of the Indian Penal

Code, 1860 (IPC) dealing with 'cruelty by husband or relatives of husband', it is not easy to

satisfy the provisions of section 41 of Cr. P.C. Therefore, section 41 of Cr. P.C. is invoked time

and again erroneously to arrest a person guilty of an offence punishable under section 498A

of the I.P.C. As no hard and fast rule can be laid down for exercise of power under section 41

of Cr. P.C., it is suggestive that a balanced and sensitive approach should be taken by the

police officer prior to arrest of a person. The idea is not to dilute the importance of protection

of the life and liberty of women but to ensure a fair chance to the other party as well. The Law

Commission of India in its 243rd Report has already made recommendations which can go a

long way in preventing the alleged misuse of section 498A of the Indian Penal Code, 1860.

The Bill, therefore, seeks to amend section 41 of Code of Criminal Procedure, 1973

(Cr. P.C.) with a view to put restriction on the arrest of a person guilty of committing an

offence of cruelty to a woman under section 498A of Indian Penal Code, 1860 unless the

credible information received by the police officer proves the same.

Hence this Bill.

NEW DELHI;

SANJAY JAISWAL

July 5, 2017.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 147 OF 2017

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

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

as follows:—

1. (1) This Act may be called the Indian Penal Code (Amendment) Act, 2017.

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

notification, in the Official Gazette, appoint.

2. In section 358 of the Indian Penal Code, 1860, for the words ‘‘for a term which

may extend to one month, or with fine which may extend to two hundred rupees, or

with both’’, the words ‘‘for a term which may extend to one year, and with fine which

may extend to twenty lakh rupees’’ shall be substituted.

Short title and

commencement.

Amendment

of section

358.

45 of 1860.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Section 358 of Indian Penal Code, 1860 provides for punishment for assault or use of

criminal force to any person on grave and sudden provocation given by that person. The

said section intends to put a check on the misuse of the exemption of ‘grave and sudden

provocation’ provided under the Code by the person assaulting or using criminal force on

the person who gave him the provocation. However, in the recent times it has been observed

that owing to the meagre punishment provided under section 358 it is being misused for the

personal interest.

The Bill, therefore, seeks to amend section 358 of the Indian Penal Code, 1860 with a

view to put a check on the misuse of the safeguard provided under the section for assault

or using criminal force on the person causing grave and sudden provocation.

Hence this Bill.

NEW DELHI;

SANJAY JAISWAL

July 4, 2017.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 211 OF 2018

A Bill to establish an Employees' Welfare Authority to confer the right on every

employee to disconnect from work related telephone calls and emails

beyond work hours and on holidays and right to refuse to answer

calls and emails outside work hours and for all matters

connected therewith or incidental

thereto.

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

follows:—

1. (1) This Act may be called the Right to Disconnect Act, 2018.

(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,—

(a) “annual report” means a report giving the details of developmental activities

taken up over the year by the Authority and detailing about targets set and achieved;

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

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

section 3;

(d) “company” means an entity registered under the Companies Act, of 2013;

(e) “Out-of-work hours” means the time other than which is agreed upon, between

the employer and employee, in the work contract as the work hours;

(f) “society” means an entity registered as society under the Societies Registration

Act, of 1860; and

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

3. (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 Employees' Welfare Authority consisting of the following members, namely:—

(a) Minister of State, Ministry of Electronics and Information Technology—

Chairperson ex-officio;

(b) Minister of State, Ministry of Communication—Vice-Chairperson

ex-officio;

(c) Minister of State, Ministry of Labour and Employment—Vice Chairperson

ex-officio;

(d) Secretaries of the Union Ministries of Electronics and Information

Technology, Communication, Labour and Employment and Statistics and Programme

Implementation—member ex-officio;

(e) Chief Labour Commissioner—member ex-officio;

(f) Director General, Labour Bureau—member ex-officio;

(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 and allowances payable to and other terms and conditions of services of

officers and staff of the Authority shall be such, as may be prescribed.

4. (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.

(2) The expenditure incurred to attend meetings by the members referred to in sub-

clauses (a) to (f) of section 3, shall be borne by the Ministry concerned.

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

welfare of employees in the country and formulate a charter that outlines the terms and

conditions to be negotiated between employees and employers of a company or society,

within one year from the date of its constitution.

(2) The Authority shall disseminate any necessary knowledge and information collected

on the use of digital and communication tools, to the State Governments, to be disseminated

to the companies and societies.

Functions of

the Authority.

Meetings

the Authority.

Constitution

of the

Employees'

Welfare

Authority.

21 of 1860.

Definitions

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) The rights and benefits bestowed on employees, prescribed in this Act, shall

be in addition to those already enjoyed by them under different ongoing Government

employee welfare schemes.

6. (1) The Authority shall undertake a baseline study to collect comprehensive

data about usage of digital and communication tools outside work hours and in personal

life by all workers either employed in a company or society, which shall be completed

within one year from the date of its constitution.

(2) The Authority may direct the appropriate Government, societies and companies

to assist in conducting the baseline study.

7. Every employee shall have the right to disconnect out of work hours.

Explanation.—For the purpose of this section:—

(a) 'right to disconnect' means that while the employer may contact the

worker after work hours, the employee is not obliged to reply or shall have right

to refuse to answer such calls; and

(b) In case an employee refuses to reply any call during out-of-work hours,

such employee shall not be subject to any disciplinary action by the employer.

8. (1) The Authority shall direct every individual, company and society having

more than ten employees to conduct negotiations with employees, unions or employee

representatives to decide the terms and conditions for working out-of-work hours:

Provided that the right to disconnect rules and protocols shall be negotiated at

the level of individual company or society taking into consideration the diverse work

cultures of different entities and their competitive needs.

(2) The individual registered entity (company or society) shall produce its own

Charter detailing clarification on the out-of-work hours, service conditions of employees

and the respective demands of the employers.

9. (1) The Charter of individual entity made under sub-section (2) of section 8

shall identify on an individual basis, as to when an employee be contacted during out-

of-work hours and holidays which are arrived at through negotiations and mutual

agreement of employer and employee.

(2) Every employee shall be entitled to right to disconnect, when contacted for

work related purpose during time other than that agreed upon under sub-sections (1)

and (2).

10. An employer may contact any employee either through telecom, videocall,

message, email in other form of communication out-of-work hours, during the time

mutually agreed upon by such employee and employers.

11. Every employee working during out-of-work hours mutually agreed, shall be

entitled to overtime at the normal wage rate.

12. Every registered company and society shall constitute a Employees' Welfare

Committees consisting of its employees to assist or represent the employees for

negotiation of terms and conditions of out-of-work hours with employers.

13. The appropriate Government shall ensure that the negotiations for conditions

of outside-work-hours, between employees and employer are conducted at regular

intervals, to ensure flexibility in the rules of right to disconnect.

Right

disconnect of

employees.

Baseline study

to collect data.

Drafting of

customised

Charter by

individual

companies

and societies.

Charter to be

included in

the Charter

of individual

entities.

Overtime pay

for

working

outside work

hours.

Employees

Welfare

Committees

of individual

entitites.

Negotiations

to be

conducted at

frequent

intervals.

Contact via

call, message

and email,

etc.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

14. The Charter of the individual entity shall explicitly mention normal the out-of-work

hours to be followed until an agreement is reached between the employer and its employees:

Provided that if any employer contacts his employee during the period when there is

no mutually agreed out-of-work period, the employee, during out of work hours,—

(a) shall not be obliged to respond and shall have right to disconnect; or

(b) may choose to respond, for which he shall be entitled to get overtime pay in such

manner as may be prescribed.

15. Every individual registered entity, company or society, shall frame a policy for its

employees who are working in remote areas or, involved in teleworking or working from

home, such policy has to be mutually agreed by employees.

16. Every individual registered entity, company or society, shall undertake awareness

programmes to sensitive its employees, on reasonable use of digital and communication

tools, for work related purposes, during travel and teleworking.

17. The appropriate Government shall, in consultation with the individual entities,

provide counseling services to employees to help them maintain work-life balance.

18. The appropriate Government shall set up digital detox centres and provide digital

detox counseling services to citizens for reasonable personal use of digital and communication

tools.

19. Every individual entity shall pay penalty at the rate of one per cent of total employees'

remuneration for,—

(a) any out-of-work service condition not defined in the Charter made under section 9;

(b) any out-of-work service condition not defined in the policy for employees working

remotely under section 15; and

20. (1) The Authority shall prepare once every year, as may be prescribed, an annual

report giving the summary of its activities, including schemes it has undertaken and

recommended to the Government over the year and it shall contain statements of annual

accounts of the Authority.

(2) A copy of the report shall be forwarded to the Central Government, and the

Central Government shall lay the report before each House of Parliament.

21. The Central Government, shall from time to time after due appropriation made by

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

Act.

22. (1) 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:

Provided that no order shall be made under this section after the expiry of a period of

two years from the commencement of this Act.

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

before each House of Parliament.

23.(1) The Cental Government, in consultation with the State Governments, may be

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

In case of

agreement not

reached.

Policy for

employees

working

remotely.

Awareness

increasing

activities by

entities.

Counseling

for work-life

balance.

Degital Detox

Centres.

Penalty to be

paid by the

entity for

non-

compliance

with the.

provisions of

the Bill.

Annual report

and its laying

before

the

Parliament.

Central

Government to

provide funds.

Power to

remove

difficulty.

Power to

make rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

With the advent of digital and communication technology, an average worker can work

directly from his smart-phone. According to the report released by the World Economic

Forum, the proportion of mobile workers who could work from any location, is expected to

rise beyond seventy per cent. While this has benefits interms of work flexibility, it also carries

with it a significant risk of erosion of boundaries between professional and personal life.

Studies have found that if an employee is expected to be available round the clock, they tend

to exhibit risks of over-work like sleep deprivation, developing stress and being emotionally

exhausted. This persistent urge to respond to calls and e-mails (termed as 'telepressure'),

constant checking of e-mails throughout the day, and even on weekends and holidays,is

reported to have destroyed to work-life balance of employees.

According to a study, the constant monitoring of work related messages and e-mails,

may over tax employees' brains leading to a condition called 'info-obesity'. The condition is

characterised by stress, burnouts and sleeplessness. Studies show that when employees are

overburdened with work, either their productivity stays constant or even reduces with

increase in work hours. In the year 2014, a study conducted by the University of Stanford

found that the output and productivity of employees plateaued off after fifty work hours per

week. In fact, workers’ productivity declined when they were over burdened with sixty work

hours per week. Research depicts that employees who respond to work related calls and

mails after 9 pm, had the worst quality of sleep which consequently had a bearing on their

productivity. The need is to respect the personal space of the employees by recognising

their right to disconnect and not respond to their employer's calls, e-mails etc., during out-of-

work hours. The need is also to recognise the rights of the employees, it also takes into

consideration the competitive needs of the companies and their diverse work cultures.

Flexibility in the right to disconnect rules and leaves it to the individual companies to negotiate

The digital transformation has direct impact on conditions in the employment contract,

like the time and the place of work. Hence if an employees agrees to works during out-of-

work hours, overtime pay at the same rate as his wage rate is also necessary to check the

surge in unpaid overtime work, brought about by digital transformation.

Cases of lack of consensus between employer and employee during negotiations

needs to be addressed. In such cases the company is required to explicitly lay out their

out-of-work demands from their employees, in the Charter, and the employees can either

choose to work or enforce their right to disconnect. The companies shall be mandated to

draft their own policy towards employees working remotely, tele-working and travelling for

work. The Constitution of Employees' Welfare Committees at every company to assist the

employees in negotiations with employers is also required. Provision to ensure that these

negotiations are held frequently at regular interval, to keep in line with the dynamic business

demands are to be incorporated. The present Bill impose seeks to sanctions at the rate of one

per cent of its total employees' remuneration, on entities (companies or societies) for any

non-compliance with the provisions of the Bill. To rein in the adverse effects of hyper-

connectivity on employees' personal life, the Bill also provides for counseling services to

increase awareness among employees and citizens, on reasonable use of digital and

communication tools, for professional and personal use.

To free an employee from digital distractions and enable him to truly connect with the

people around him, the Bill provides for digital detox centres. The Bill thus champions for the

rights and welfare of employees, by mandating individual entities to negotiate out-of-hour

service conditions with their employees, and upholding the right of employee to disconnect.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the constitution of Employees Welfares Authority.

Clause 4 provides for expenditure incurred in conducting meetings of the Authority. Clause 5

provides for the various functions of the Authority. Clause 17 provides for counseling

services for maintaining work-life balance. Clause 18 provide for setting up digital detox

centres. Clause 21 provides for requisite funds for carrying out the functions of this Act. The

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

estimated that a sum of a rupees one thousand crore would be involved as recurring

expenditure per annum.

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

——————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 23 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.

BILL NO. 213 OF 2018

A Bill to establish a Tuberculosis Prevention Authority for prevention and complete

eradication of tuberculosis and for all matters connected therewith and

incidental thereto.

WHEREAS India ratified the World Health Organisation Framework Convention

on Tobacco Control in 2005,

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

follows:—

1. (1) This Act may be called the Tuberculosis (Prevention and Eradication) Act,

2018.

(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) "annual report" means a report giving the details of developmental

activities taken up over the year by the Authority and detailing about targets set

and achieved;

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

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

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

18 of 2013.

Constitution

of the

Tuberculosis

Prevention

Authority.

Meetings of

the Authority.

section 3;

(d) "company" means an entity registered under the Companies Act, 2013;

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

(f) "tuberculosis" means an infectious disease caused by a bacterium,

Mycobacterium Tuberculosis that is spread through the air; and

(g) "society" means an entity registered as society under the Societies

Registration Act, 1860.

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

Official Gazette specify, there shall be constituted an Authority to be known as the Tuberculosis

Prevention Authority for carrying out the purposes of this Act.

(2) The Authority consist of,—

(a) Minister of State, Union Ministry of Health and Family Welfare—Chairperson,

ex officio;

(b) Minister of State, Union Ministry of Women and Child Development—Vice-

Chairperson, ex officio;

Welfare—member, ex-officio;

(d) Secretaries of the Union Ministies of Women and Child Development, Health

and Family Welfare and Statistics and Programme Implementation—members, ex officio;

(e) Chairperson, National Commission for Women—member, ex-officio; and

(f) Director, National Institute of Health and Family Welfare—member, ex-officio.

(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.

4. (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.

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

sub-clauses (a) to (f) of section 3, shall be borne by their concerned controlling authorities.

5. (1) The Authority shall discharge such functions as may be necessary for prevention

and eradication of tuberculosis in the country.

(2) Without prejudice to the generality of forgoing provisions, the authority shall,—

(a) formulate a Charter outlining its objectives along with roadmap to eradicate

tuberculosis, within one year of its constitution;

(b) disseminate any necessary knowledge and information collected on the

control of tuberculosis to the State Governments to be disseminated to tuberculosis

Control Centres;

tuberculosis, risk factors and vulnerable population, within one year of setting up of

the Authority.

(d) direct the appropriate Government to assist in conducting the baseline study;

Functions of

the Authority.

21 of 1860.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(e) direct the State Governments to establish Tuberculosis (TB) Control

Centres at district level within one year of the commencement of this Act;

(f) direct healthcare service providers to follow the standard tuberculosis

diagnosis and treatment protocol; and

(g) undertake such other functions as may be assigned to it, from time to

time for carrying out the purposes of this Act.

6. (1) The tuberculosis Control Centres shall provide free screening of

tuberculosis and cost-free treatment to the patients, until complete recovery from the

disease.

(2) The State Government shall also provide healthcare coupons to patients

diagnosed with tuberculosis, which may be redeemed for cost-free treatment at private

hospitals.

7. (1) The State Government shall provide for mobile tuberculosis vans for

active screening of tuberculosis, especially in remote rural areas.

(2) The patient screened tuberculosis positive with the mobile vanas, shall be

referred to the nearest tuberculosis Control Centres for follow-up care and treatment

with the assistance from the appropriate Government.

8. The State Government shall undertake mobile tuberculosis immunization drive

to vaccinate children who were either not vaccinated or underwent incomplete

vaccination.

9. The State Government shall direct the concerned authorities to undertake air

borne infection control in high risk and vulnerable areas.

10. The appropriate Government shall provide additional nutritional support to

tuberculosis patients at tuberculosis Control Centres, to incentivise patients in

increasing their adherence to treatment and reduce drop outs.

11. The Central Government shall issue notification mandating the registered

companies and societies manufacturing and distributing tobacco related products, to

contribute five per cent. of their annual sales value for research on new drugs and

diagnostic tools for tuberculosis.

12. The State Governmetn shall provide extensive facilities at the primary health

centres and tuberculosis Control Centres for diagnosis and treatment of drug resistant

strain of tuberculosis.

13. (1) The appropriate Government shall undertake outreach activities to

communicate to citizens of the factors contributing to tuberculosis, symptoms of

tuberculosis and its ill effects, especially in rual areas.

(2) The nurses and the staff at the tuberculosis Control Centres shall educate the

tuberculosis patients on the cough etiquette.

(3) The appropriate Government shall nobilise the local population in increasing

awareness of tuberculosis in citizens.

14. The appropriate Government shall provide for tobacco cessation counselling

services at all tuberculosis Control Centres.

Cost-free

screening and

treatment of

tuberculosis.

Mobile

tuberculosis

vans for

active

screening.

Mobile

tuberculosis

vaccine

immunization

drive.

Air borne

infection

control in

high risk

areas.

Nutritional

support to

tuberculosis

patients.

Funding

research on

new drugs and

diagnostic

tools for

tuberculosis.

Facilities for

treating drug

resistant

strain of

tuberculosis.

Outreach

activities to

increase

awareness of

tuberculosis.

Tobacco

cessation

services.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

15. The appropriate Government shall—

(a) undertake outreach and communication activities to increase awareness in

women, especially in rural areas, of ill effects of tobacco consumption on their

reproductive health and babies;

(b) provide for tobacco cessation counselling services at all antenatal clinics

and primary health centres; and

air pollution from chulhas, and undertake necessary steps to curb the same.

16. (1) The Central Government while allocating resources to a State Government for

tuberculosis control, shall take into consideration the health and development indicators

alongwith the past years spending potential of that State.

(2) The Central Government shall increase the proportion of health sector budget to at

least three per cent. of Gross Domestic Product by the year 2020.

17. (1) The Authority shall prepare once every year, as may be prescribed, an annual

report giving the summary of its activities, including schemes it has undertaken and

recommended to the Government over the year and it shall contain statements of annual

accounts of the Authority.

(2) A copy of the report shall be forwarded to the Central Government, and the Central

Government shall lay the report before each House of Parliament.

18. The Central Government, will 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.

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

Governments, 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:

Provided that no such orders shall be made after the expiry of the period of three years

from the date of commencement of this Act.

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

for carrying out the pruposes of this Act.

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

before each Houses 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 annualment shall

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

Awareness in

women of ill

effects

t o b a c c o

consumption

on reproductive

health.

Power to

remove

difficulties.

Power to

make rules.

State's budget

for tuberculosis

control to be

indexed so its

health

and

development

indicators.

Central

Government

to provide

funds.

Annual report

and its laying

before

the

parliament.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

As per the statistics of World Health Organisation, India accounts for half a

million deaths annually due to tuberculosis. The data from the Central Bureau of Health

Intelligence also identifies tuberculosis as the leading cause of deaths in the country,

accounting for 63,297 deaths in 2015. The Bill provides for free screening and treatment

of tuberculosis at tuberculosis Control Centres established at district level in every

state. The patients are also provided with an alternative of healthcare coupons that

can be redeemed at any private hospital for free tuberculosis related treatment and

care. Mobile tuberculosis vans are provided for active screening of tuberculosis in

high risk population, especially in rural areas. Tuberculosis positive patients thus

screened are referred to the nearest tuberculosis Control Centres for follow-up treatment

and care. The Bill directs the State Government to undertake mobile tuberculosis

immunization dirve to vaccinate children. The Bill also directs the government to

undertake air borne infection control activities in areas vulnerable to disease. The Bill

aims to reduce drop outs from treatment and increase the patients compliance, through

provision of nutritional supplements at tuberculosis Control Centres. To fund research

in new drugs and diagnostic tools for tuberculosis, the Bill mandates all private and

government companies involved in manufacture and distribution of tobacco related

products, to contribute five per cent. of their annual sales value. The Bill also proposes

100% tax onall tobacco and tobacco related products, including smokeless tobacco

like ghutka etc. The Bill has provision to mobilise local population to increase outreach

to citizens about factors contributing to tuberculosis, symptoms of tuberculosis, cough

etiquette. As per the Global Report 2017 of the World Health Organisation, India accounts

for 24 per cent. of global cases of multi-drug resistant tuberculosis. The Bill provides

for active screening and extensive facilities for treatment of multi-drug resistant strain

of tuberculosis at tuberculosis Control Centres.

Tobacco use is one of the main causes of tuberculosis, contributing to 7.9 per

cent of tuberculosis related deaths in the country. Research has shown that providing

tobacco cessation services to tobacco users, has proved to reduce the disease burden

of tuberculosis. Recognising tobacco as a major contributor to tuberculosis, the Bill

provides for integration of tobacco cessation counselling services at all tuberculosis

Control Centre. As per the World Health Organisation statistics, India is home to

second highest number of women smokers globally. According to the National Family

Health Survey-3, the proportion of children with low birth weight, is greater among

children born to mothers who use tobacco. The Bill also has provision to educate

women of the ill effects of tobacco consumption on their reproductive health, provide

for tobacco cessation couselling services at all antenatal clinics and primary health

centres. The Bill also provides for measures to curb indoor air pollution created by

chulhas (used in rural areas for cooking purposes).

In 2016-17, health sector budget accounted for a mere 1.5 per cent, of the Gross

Domestic Product. The Bill provides for increasing the health budget to at least three

per cent. of Gross Domestic Product in next two years. The Bill stipulates that a State's

budget for tuberculosis control must be indexed to the respective State's health and

development indicators, along with its past years spending profile. The Bill thus

champions for the control, prevention and complete eradication of tuberculosis in the

country, by mandating free of cost diagnosis and treatment for tuberculosis.

Hence this Bill.

NEW DELHI;

SUPRIYA SULE

November 22, 2018.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clasue 3 of the Bill provides for the constitution of the Tuberculosis Prevention Authority

and also appointment of such number of officers and staffs for its functioning. Clause 5

provides for establishment of Tuberculosis Control Centre. Clause 6 provides for free

screening and cost-free treatment to the patients. Clause 7 provides for mobile tuberculosis

vans for active screening of tuberculosis. Clause 8 provides for mobile tuberculosis

immunization drive. Clause 11 provides for funding research on new drugs and diagnostic

tools for tuberculosis. Clause 12 provides for facilities for treating drugs resistant strain of

tuberculosis. Clause 18 makes it obligatory for the Central Government to provide requisite

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

recurring expenditure of five hundred crore rupees per annum which shall be charged from

the Consolidated Fund of India.

A non-recurring expenditure to the tune of rupees one hundred crore is also likely to be

involved.

——————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 20 of the Bill empowers the Central Government to make necessary 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 normal character.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 195 OF 2018

A Bill to provide compulsory gender sensitization education in curriculum of

schools as a part of personality development and for matter connected therewith.

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

follows:—

1. (1) This Act may be called the Gender Sensitization (Training and Education)

Act, 2018.

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

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

(b) "schools" means a primary or a middle or a secondary or a senior

secondary level school imparting education to children, recognized by the

Government or established under an Act of the Central Government or a State

Government; and

Short title and

commencement.

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

3. The appropriate Government shall, by notification in the Official Gazette, set up

training centers in each State and Union territory to impart gender sensitization lessons and

workshops in schools, in association with the School Management Committees in such

manner as may be prescribed.

4. Every training centre set up under section 3 shall create and ensure,—

(a) a custom developed program on gender sensitization involving

methodologies like storytelling and experiential learning as a compulsory part of the

study curriculum;

(b) teachers' training program with a minimum of two psyschologists and child-

counselors per school on relevant issues relating to gender sensitivity; and

workshops and lessons in their respective schools.

5. 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.

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

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

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

law for the time being in force.

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

for carrying out the purposes of this Act.