A Bill to provide for the constitution of the National Inspection and Investigation Committee

for preparation of Uniform Civil Code and its implementation throughout the territory

of India and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-first Year of the Republic of India as

follows:—

1. (1) This Act may be called the Uniform Civil Code in India Act, 2020.

(2) It extends to the whole of India.

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

in the Official Gazette, appoint.

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

(a) “Uniform Civil Code” means the common civil code or common law for every

citizen residing in India irrespective of religion and caste.

Short title,

extent and

commencement.

Definitions.

vlk/kkj.k

EXTRAORDINARY

Hkkx II — [k.M 2

PART II — Section 2

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PUBLISHED BY AUTHORITY

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No. 24]

NEW DELHI, FRIDAY, DECEMBER 9, 2022/AGRAHAYANA 18, 1944 (SAKA)

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.

xxxGIDHxxx

xxxGIDExxx

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—22

REGISTERED NO. DL—(N)04/0007/2003—22

RAJYA SABHA

————

The following Bills were introduced in the Rajya Sabha on 9th December, 2022:—

BILL NO. II OF 2020

सी.जी.-डी.एल.-अ.-04012023-241664

CG-DL-E-04012023-241664

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(b) “Committee” means the National Inspection and Investigation Committee

constituted under section 3; and

3. (1) The Central Government shall, within a period of six months from the coming into

force of this Act, constitute a Committee to be known as the National Inspection and

Investigation Committee for the purpose of preparation of Uniform Civil Code and its

implementation in the country.

(2) The Committee shall consist of—

(a) a Chairperson, who shall be a retired Chief Justice of India to be nominated

by the Central Government in such manner, as may be prescribed;

(b) the Union Minister of Home Affairs-ex-officio member;

(d) two members who are retired Chief Justices of the High Courts, to be nominated

by the Central Government in such manner, as may be prescribed;

(e) one member, to be nominated by the Central Government in such manner, as

may be prescribed, from amongst persons of eminence having adequate knowledge

and experience in law;

(f) one member, to be appointed by the Central Government in such manner, as

may be prescribed, from amongst officers of the Indian Administrative Service-ex-

officio Secretary.

(3) The Chirperson and the member of the Committee shall hold office for a period of

three years.

(4) The Salary and allowances payable to and other terms and conditions of the

Chairperson and other members shall be such as may be prescribed.

(5) The Central Government shall provide such number of Officers and staff to the

Committee, as may be necessary, for its efficient functioning.

(6) The Committee shall have the power to regulate its own procedure.

4. (1) It shall be the duty of the Committee to take such steps, as it may deem

appropriate, for the codification and implementation on the Uniform Civil Code in the country.

(2) Without prejudice to the generality of the foregoing provision, the Committee

shall ensure:—

(a) the implementation of Uniform Civil Code in entire geographical territory of

India;

(b) the applicability of the Uniform Civil Code for marriage, divorce, succession,

adoption, guardianship and partition of land and assets on all citizens without any

discrimination;

discrimination of any citizen on grounds of religion, race caste, sex or place of birth

provided under article 15 of the Constitution;

(d) gender equality in implementation of the Uniform Civil Code; and

(e) substitution of the personal laws or laws based on religious texts and

traditions by Uniform Civil Code.

Constitution

of the

National

Inspection and

Investigation

Committee.

Functions of

the

Committeee.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

in this behalf, provide adequate funds to the Committee for carrying out the purposes of

this Act.

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

Government may make such order or give such direction, not inconsistent with the provision

of this Act, as may appear to be necessary or expedient for removing the difficulty:

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

from the date of commencement of this Act.

7. 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.

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

for carrying out the purposes of this Act.

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

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

which may be comprised in one session or in two or more successive sessions, and if,

before the expiry of the session immediately following the session or the successive 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.

Central

Government

to provide

adequate funds

to the

Commmittee.

Power to

remove

difficulties.

Act to have

overriding

effect.

Power to make

rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

In 1840, on the basis of Lex Loci Report, Uniform Law was framed for crimes, evidences

and contract but some personal laws of the Hindus and the Muslims were left out. On the

other hand, the British Indian Judiciary had facilitated uniform application by the British

Judges under the English Laws. Besides, in those days many social reformers were voicing

to make laws to do away with the discrimination against women done under the Sati and

other religious customs.

In the Constituent Assembly, while on the one hand there were people like Dr. B.R.

Ambedkar who desired reform in the society and wanted to accept the Uniform Civil Code,

there were also Muslim representatives who took side to retaining the Personal Laws based

on religious enshrines. As a result, regarding the Uniform Civil Code, only one line could be

added as article 44 under Part IV as Directive Principles of State Policy in the Constitution. In

this article it is stated that the State shall endeavour to secure for citizens a Uniform Civil

Code throughout the territory of India. Since the Uniform Civil Code has been included in

the Directive Principles of State Policy of the State, hence this cannot be enforced.

Besides, no Government showed proper will power to implement these constitutional

provisions, because the minorities, especially the Muslims believed that the Unifom Civil

Code will lead to the violation of their personal laws. Hence, only to compile the Hindu Laws,

the Acts like the Hindu Marriage Act, 1955, the Hindu Succession Act 1956, the Hindu

Minority and guardianship Act, 1956 and the Hindu Adoptions and Maintenance Act, 1956

were enacted. In these Acts along with the Buddhist, Sikh, Jain, laws related to different

religious communities of the Hindus are included vide which women have been given right

to divorce and succession and caste has been termed irrelevant for marriage. Also, polygamy

has been done away with.

In the present context, it seems our country is divided into three classes on Uniform

Civil Code, namely political, social and religious. In the Shah Bano Case, the Supreme Court

decided that section 125 of the Code of Crimical Procedure 1973 is applicable to all irrespective

of religion, caste or community. The court directed that Shah Bano must be provided with

living expenses. The then Chief Justice Y.V. Chandrachud said that Uniform Civil Code

would end the dissimilarities in the Indian law which would help in establishing national

unity. Hence, the Supreme Court had observed that the Parliament may make law related to

the Uniform Civil Code.

Sarla Mudgal Case vs. the Union of India is the second example vide which the

Supreme Court under article 44 had again directed the Government. The Supreme Court said

that adopting Islam for marriage is a misuse of the personal laws. It said that a Hindu

marriage can be dissolved only under the Hindu Marriage Act, 1955 which means after

adopting Islam the marriage done thereafter cannot be dissolved under the Hindu Marriage

Act and it is a crime under section 494(5) of the Indian Penal Code.

In John Vellamettam vs. Union of India, the Suprme Court declared the section 118 of

the Indian Succession Act, 1925 as unconstitutional. The then Chief Justice of India Justice

Khare observed that “it is mentioned in article 44 that the State will strive to provide Uniform

Civil Code to all citizens in its entire territory, but it is a matter of regret that article 44 has not

been given affect to. He also opined that a Uniform Civil Code would help the cause of

national integration by removing the contradictions on the grounds of ideologies.

The decision to implement the Juvenile Justice (Care and Protection of Children) Act

seems to be a step towards Uniform Civil Code since this Act permits the people of muslim

community to adopt children whereas Muslims are not permitted or allowed to adopt children

under their personal laws. Recently, the Supreme Court has again asked the Government to

implement the Uniform Civil Code so as to end gender inequality and wrong traditions

prevalent under the personal laws.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Under the Uniform Civil Code a collection of laws will be prepared which will protect

the personal rights of all citizens without considering the religion, which seems to be the

need of the hour. In reality this is the foundation stone of secularism. Such prograssive

reforms will not only help to end discrimination against women but also help in strengthening

the secular structure and encourage integrity. In fact our social system is replete with injustice,

discrimination and corruption which is in conflict with our fundamental rights, hence it

needs to be reformed. Already there is Penal Code in our country which is equally applicable

to all without considering the religion, caste and domicile. But there is no uniform law in our

country with regard to divorce and succession and these subjects are controlled by the

personal laws. Hence the Uniform Civil Code should be ensured to all citizens residing in

areas where the population of entire geographical area resides.

Hence, this Bill.

KIRODI LAL MEENA.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

A Bill to establish and incorporate a teaching University for the promotion and development

of Kannada language and literature, through teaching and research, with a view to

enabling Kannada to achieve greater functonal efficiency and recognition as a

major international language and to provide for matters connected therewith or

incidental thereto.

BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Antarrashtriya Kannada Vishwavidyalaya Act, 2022.

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

in the Official Gazette, appoint.

2. In this Act, and the statutes made hereunder, unless the context otherwise requires,—

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

(b) "academic staff" means such categories of staff as are designated as academic

staff by the Ordinances;

Short title and

commencement.

Definitions.

BILL NO. L OF 2022

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) "Chancellor", "Vice-Chancellor" and "Pro-Vice-Chancellor" mean, respectively,

the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the Univeristy;

(e) ''Court" means the Court of the University;

(f) "Department" means a Department of Studies and includes a Centre of Studies;

(g) "distance education system" means the system of imparting education

through any means of communication, such as broadcasting, telecasting,

correspondence courses, seminars, contact programmes or the combination of any

two or more such means;

(h) "employee" means any person appointed by the University, and includes

teachers and other staff of the University;

(i) "Executive Council" means the Executive Council of the University;

(j) "Finance Committee" means the Finance Committee of the University;

(k) "Hall" means a unit of residence or of corporate life for the students of the

University, or of an Institution maintained by the University;

(l) "Institution" means an academic institution, not being a College, maintained

by the University;

(m) "recognised Institution" means an institution of higher learning recognised

by the University;

(n) "Regulations" means the Regulations made by any authority of the University

under this Act for the time being in force;

(o) "School" means a School of Studies of the University;

(p) "Statutes" and "Ordinances" mean, respectively, the Statutes and Ordinances

of the University for the time being in force;

(q) "teachers of the University" means Professors, Readers, Lecturers and such

other persons as may be appointed for imparting instruction or conducting research in

the University or in any Institution maintained by the University and are designated as

teachers by the Ordinances;

(r) "University" means the Antarrashtriya Kannada Vishwavidyalaya established

and incorporated as a University under this Act.

3. (1) There shall be established a University by the name of "Antarrashtriya Kannada

Vishwavidyalaya".

(2) The headquarters of the University shall be at Belgaum.

(3) The first Chancellor and the first Vice-Chancellor and the first members of the

Court, the Executive Council and the Academic Council and all persons who may hereafter

become such officers or members, so long as they continue to hold such office or membership,

are hereby constituted a body corporate by the name of "Antarrashtriya Kannada

Vishwavidyalaya".

(4) The University shall have perpetual succession and a common seal and shall sue

and be sued by the said name.

4. The objects of the University shall be:—

(i) to promote and develop Kannada language and literature in general and, for

that purpose, to provide for instructional and research facilities in the relevant branches

of learning;

Establishment

of the

University.

Objects of the

University.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(ii) to provide for active pursuit of comparative studies and research in Kannada

and other Indian languages; to create facilities for development and dissemination of

relevant information in the country and abroad;

(iii) to offer programmes of Research, Education and Training in areas like

translation, interpretation and linguistics for improving the functional effectiveness of

Kannada;

(iv) to reach out to Kannada scholars and groups interested in Kannada abroad

and to associate them in teaching and research and to popularize Kannada through

distance education system.

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

(i) to provide for instructions in the relevant branches of learning and to make

provision for the advancement and dissemination of knowledge for furtherance of its

objects;

(ii) to grant, subject to such conditions as the University may determine, diplomas

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

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

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

sufficient cause;

(iii) to organise and to undertake extra-mural studies, training and extension

services;

(iv) to confer honorary degrees or other distinctions in the manner prescribed by

the Statutes;

(v) to provide for facilities through distance education system to such persons

as it may determine;

(vi) to institute Professorships, Readerships, Lecturerships and other teaching

or academic positions, required by the University and to appoint persons to such

Professorships, Readerships, Lecturerships or other teaching or academic positions;

(vii) to recognise, with the prior approval of the Visitor, an institution of higher

learning, within or outside India for such purposes as the University may determine

and to withdraw such recognition;

(viii) to appoint persons working in any other University or organisation as

teacher of the University for a specified period;

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

thereto;

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

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

may determine;

(xi) to establish, with the prior approval of the Visitor, such campuses, special

centres and specialised laboratories, within or outside India, as are, in the opinion of

the University, necessary for the furtherance of its objects;

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

prizes;

(xiii) to establish and maintain Institutions and Halls;

(xiv) to make provision for research and advisory services and for that purpose

to enter into such arrangements with other institutions, industrial or other organisations,

as the University may deem necessary;

Powers and

functions of

the

University.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(xv) to organise and conduct refresher courses, workshops, seminars and other

programmes for teachers, evaluators and other academic staff;

(xvi) to make special arrangements in respect of the residence, discipline and

teaching of women students as the University may consider desirable;

(xvii) to appoint on contract or otherwise visiting Professors, Emeritus Professors,

Consultants, Scholars and such other persons who may contribute to the advancement

of the objects of the University;

(xviii) to confer autonomous status on a Department, in accordance with the

Statutes;

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

examination, evaluation or any other method of testing;

(xx) to demand and receive payment of fees and other charges;

(xxi) to supervise the residences of the students of the University and to make

arrangements for promoting their health and general welfare;

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

their code of conduct;

(xxiii) to regulate and enforce discipline among the students and the employees,

and to take such disciplinary measures in this regard as may be deemed by the

University to be necessary;

(xxiv) to make arrangements for promoting the health and general welfare of the

employees;

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

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

properties for the purposes of the University;

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

the property of the University, money for the purposes of the University;

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

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

6. The jurisdiction of the University, in exercise of its powers, shall extend to the whole

of India.

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

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

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

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

in the University or to graduate thereat or to enjoy or exercise any privilege thereof:

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

making special provisions for the employment or admission of women, physically handicapped

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

Scheduled Castes and the Scheduled Tribes.

8. The University shall, primarily, be a residential University:

Provided that the requirements of residence shall be regulated in such manner as may

be prescribed by the Ordinances.

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

(2) The Visitor may, from time to time, appoint one or more persons to review the work

and progress of the University, including any Institution managed by it, and to submit a

report thereon; and upon receipt of that report the Visitor may, after obtaining the views of

Jurisdiction.

University to

be open to all

classes, castes

and creeds.

Residence of

students.

The Visitor.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

the Executive Council thereon through the Vice-Chancellor, take such action and issue such

directions as he considers necessary in respect of any of the matters dealt with in the report

and the University shall be bound to comply with such directions.

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

or persons as he may direct, of the University, its buildings, laboratories and equipment and

of an Institution and also of the examinations, teaching and other work conducted or done

by the University and to cause an inquiry to be made in like manner in respect of any matter

connected with the administration or finances of the University or Institutions.

(4) The Visitor shall, in every matter referred to in sub-section (2), give notice of his

intention to cause an inspection or inquiry to be made to the University and the University

shall have the right to make such representations to the Visitor, as it may consider necessary.

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

may cause to be made such inspection or inquiry as is referred to in sub-section (3).

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

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

present and be heard at such inspection or inquiry.

(7) The Visitor may, if the inspection or inquiry is made in respect of the University or

any Institution, address the Vice-Chancellor with reference to the result of such inspection

or inquiry together with such views and advice with regard to the action to be taken thereon,

as the Visitor may be pleased to offer, and on receipt of address made by the Visitor, the

Vice-Chancellor shall communicate to the Executive Council, the views of the Visitor with

such advice as the Visitor may offer upon the action to be taken thereon.

(8) The Executive Council shall communicate, through the Vice-Chancellor, to the

Visitor such action, if any, as it proposes to take or has been taken upon the result of such

inspection or inquiry.

(9) Where, the Executive Council does not, within a reasonable time, take action to the

satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or

representation made by the Executive Council, issue such directions as he may think fit and

the Executive Council shall comply with such directions.

(10) Without prejudice to the foregoing provisions of this section, the Visitor may, by

order in writing, annul any proceeding of the University which is not in conformity with this

Act, the Statutes or the Ordinances:

Provided that before making any such order, he shall call upon the Registrar to show

cause why such an order should not be made, and, if any cause is shown within a reasonable

time, he shall consider the same.

(11) The Visitor shall have such other powers as may be prescribed by the Statutes.

10. The following shall be the officers of the University:—

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Pro-Vice-Chancellor;

(iv) the Deans of Schools;

(v) the Registrar;

(vi) the Finance Officer;

(vii) the Librarian; and

(viii) such other officers as may be declared by the Statutes to be officers of the

University.

Officers of

the

University.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

prescribed by the Statutes.

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

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

for conferring degrees and the meetings of the Court.

12. (1) The Vice-Chancellor shall be appointed by the Visitor in such manner and on

such terms and conditions of service as may be prescribed by the Statutes.

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

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

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

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

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

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

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

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

be final:

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

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

to appeal against such action to the Executive Council within three months from the

date on which decision on such action is communicated to him and thereupon the

Executive Council may confirm, modify or reverse the action taken by the

Vice-Chancellor.

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

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

Statutes or the Ordinances or that any decision taken is not in the interest of the University,

may ask the authority concerned to review its decision within sixty days of such decision

and if the authority refuses to review the decision either in whole or in part or no decision is

taken by it within the said period of sixty days, the matter shall be referred to the Visitor

whose decision thereon shall be final.

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

duties as may be prescribed by the Statutes or the Ordinances.

13. The Pro-Vice-Chancellor shall be appointed in such manner and shall exercise such

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

14. Every Dean of a School shall be appointed in such manner and shall exercise such

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

15. (1) The Registrar shall be appointed in such manner as may be prescribed by the

Statutes.

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

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

such duties as may be prescribed by the Statutes.

16. The Finance Officer shall be appointed in such manner and shall exercise such

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

17. The Librarian shall be appointed in such manner and shall exercise such powers

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

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

University shall be prescribed by the Statutes.

The

Chancellor.

The Vice-

Chancellor.

The Pro-Vice-

Chancellor.

The Deans of

Schools.

The Registrar.

The Finance

Officer.

The

Librarian.

Other

officers.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

19. The following shall be the authorities of the University:—

(i) the Court;

(ii) the Executive Council;

(iii) the Academic Council;

(iv) the Board of Studies;

(v) the Finance Committee; and

(vi) such other authorities as may be declared by the Statutes to be the authorities

of the University.

20. (1) The constitution of the Court and the term of office of its members shall be

prescribed by the Statutes.

(2) Subject to the provisions of this Act, the Court shall have the following powers and

functions, namely:—

(a) to review, from time to time, the broad policies and programmes of the University

and to suggest measures for the improvement and development of the University;

(b) to advise the Visitor in respect of any matter which may be referred to it for

advice; and

21. (1) The Executive Council shall be the principal executive body of the University.

(2) The constitution of the Executive Council, the term of office of its members and its

powers and functions shall be prescribed by the Statutes.

22. (1) The Academic Council shall be the principal academic body of the University

and shall, subject to the provisions of this Act, the Statutes and the Ordinances, exercise

general supervision over the academic policies of the University.

(2) The constitution of the Academic Council, the term of office of its members and its

powers and functions shall be prescribed by the Statutes.

23. The constitution, powers and functions of the Board of Studies shall be prescribed

by the Statutes.

24. The constitution, powers and functions of the Finance Committee shall be

prescribed by the Statutes.

25. The constitution, powers and functions of other authorities, as may be declared by

the Statutes to be the authorities of the University, shall be prescribed by the Statutes.

26. Subject to the provisions of this Act, the Statutes may provide for all or any of the

following matters, namely:—

(a) the constitution, powers and functions of the authorities and other bodies of

the University, as may be constituted from time to time;

(b) the appointment and continuance in office of the members of the said

authorities and bodies, filling up of vacancies of members and all other matters relating

to those authorities and other bodies for which it may be necessary or desirable to

provide;

emoluments;

(d) the appointment of teachers, academic staff and other employees of the

University, their emoluments and other conditions of service;

Authorities of

the

University.

The Court.

The

Executive

Council.

The Academic

Council.

The Board of

Studies.

The Finance

Committee.

Other

authorities of

the

University.

Power to

make

Statutes.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(e) the appointment of teachers and academic staff working in any other

University or organisation for specific period for undertaking a joint project;

(f) the conditions of service of employees including provision for pension,

insurance and provident fund, the manner of termination of service and disciplinary

action;

(g) the principles governing the seniority of service of the employees of the

University;

(h) the procedure for arbitration in cases of dispute between employees or

students and the University;

(i) the procedure for appeal to the Executive Council by any employee or student

against the action of any officer or authority of the University;

(j) the conferment of autonomous status on an Institution or a Department;

(k) the establishment and abolition of Schools, Departments, Centres, Halls and

Institutions;

(l) the conferment of honorary degrees;

(m) the withdrawal of degrees, diplomas, certificates and other academic

distinctions;

(n) the institution of fellowships, scholarships, studentships, medals and prizes;

(o) the delegation of powers vested in the authorities or officers of the University;

(p) the maintenance of discipline among the employees and students;

(q) all other matters which by this Act are to be or may be provided for by the

Statutes.

27. (1) Subject to the provisions of this Act and the Statutes, the Ordinances may

provide for all or any of the following matters, namely:—

(a) the admission of students to the University and their enrolment as such;

(b) the courses of study to be laid down for all degrees, diplomas and certificates

of the University;

(d) the award of degrees, diplomas, certificates and other academic distinctions,

qualifications for the same and the means to be taken relating to the granting and

obtaining of the same;

(e) the fees to be charged for courses of study in the University and for admission

to the examinations, degrees and diplomas of the University;

(f) the conditions for award of fellowships, scholarships, studentships, medals

and prizes;

(g) the conduct of examinations, including the term of office and manner of

appointment and the duties of examining bodies, examiners and moderators;

(h) the conditions of residence of the students of the University;

(i) the special arrangements, if any, which may be made for the residence, discipline

and teaching of women students and prescribing of special courses of studies for

them;

(j) the appointments and emoluments of employees other than those for whom

provision has been made in the Statutes;

Power to

make

Ordinances.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(k) the establishment of Centres of Studies, Board of Studies, Special Centres,

Specialised Laboratories and other Committees;

(l) the manner of co-operation and collaboration with other Universities,

Institutions and other agencies including learned bodies or associations in India or

abroad;

(m) the creation, composition and functions of any other body which is considered

necessary for improving the academic life of the University;

(n) such other terms and conditions of service of teachers and other academic

staff as are not prescribed by the Statutes;

(o) the management of Institutions established by the University;

(p) setting up of a machinery for redressal of grievances of employees; and

(q) all other matters which, by this Act or the Statutes, are to be or may be,

provided for by the Ordinances.

(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval

of the Central Government and the Ordinances so made may be amended, repealed or added

to at any time by the Executive Council in the manner prescribed by the Statutes.

28. The authorities of the University may make Regulations, consistent with this Act,

the Statutes and the Ordinances for the conduct of their own business and that of the

Committees, if any, appointed by them and not provided for by this Act, the Statutes or the

Ordinances, in the manner prescribed by the Statutes.

29. (1) The annual report of the University shall be prepared under the direction of the

Executive Council which shall include, among other matters, the steps taken by the University

towards the fulfilment of its objects, and shall be submitted to the Visitor on or before such

date as may be prescribed by the Statutes.

(2) A copy of the annual report, as prepared under sub-section (1) shall also be submitted

to the Central Government which shall, as soon as may be, cause the same to be laid before

both Houses of Parliament.

30. (1) The annual accounts and balance-sheet of the University shall be prepared

under the directions of the Executive Council and shall, once at least every year and at

intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General

of India or by such persons as he may authorise in this behalf.

(2) A copy of the annual accounts together with the audit report thereon shall be

submitted to the Visitor along with the observations of the Executive Council.

(3) Any observations made by the Visitor on the annual accounts shall be brought to

the notice of the Executive Council and the views of the Executive Council, if any, on such

observation shall be submitted to the Visitor.

(4) A copy of the annual accounts together with the audit report as submitted to the

Visitor, shall also be submitted to the Central Government, who shall, as soon as may be,

cause the same to be laid before both Houses of Parliament.

(5) The audited annual accounts after having been laid before both Houses of Parliament

shall be published in the Gazette of India.

31. (1) Every employee of the University shall be appointed under a written contract,

which shall be lodged with the University and a copy of which shall be furnished to the

employee concerned.

(2) Any dispute arising out of the contract between the University and any employee

shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of

one member appointed by the Executive Council, one member nominated by the employee

and an umpire appointed by the Visitor.

Regulations.

Annual

Report.

Annual

Accounts.

Conditions of

service of

employees.

SEC. 2]

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(3) The decision of the Tribunal shall be final and no suit shall lie in any civil court in

respect of the matters decided by the Tribunal.

(4) Every request made by the employee under sub-section (2) shall be deemed to be

a submission to arbitration upon the terms of this section within the meaning of the Arbitration

Act, 1940.

(5) The procedure for regulating the work of the Tribunal shall be prescribed by the

Statutes.

32. (1) Any student or candidate for an examination whose name has been removed

from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline

Committee or Examination Committee, as the case may be, and who has been debarred from

appearing at the examination of the University for more than one year, may, within ten days

of the date of receipt of such orders or copy of such resolution by him, appeal to the

Executive Council and the Executive Council may confirm, modify or reverse the decision of

the Vice-Chancellor or the Committee, as the case may be.

(2) Any dispute arising out of any disciplinary action taken by the University against

a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the

provisions of sub-sections (2) and (3) of section 32 shall, as far as may be, apply to a

reference made under this sub-section.

33. Every employee or student of the University or Institution shall, notwithstanding

anything contained in this Act, have a right to appeal within such time as may be prescribed

by the Statutes, to the Executive Council against the decision of any officer or authority of

the University or of Institution, as the case may be, and thereupon, the Executive Council

may confirm, modify or reverse the decision appealed against.

34. (1) The University shall constitute for the benefit of its employees such provident

fund or pension fund or provide such insurance schemes as it may deem fit in such manner

and subject to such conditions as may be prescribed by the Statutes.

(2) Where such provident fund or pension fund has been so constituted, the Central

Government may declare that the provision of the Provident Funds Act, 1925 shall apply to

such fund, as if it were a Government provident fund.

35. If any question arises as to whether any person has been duly elected or appointed

as, or is entitled to be, a member of any authority or other body of the University, the matter

shall be referred to the Visitor whose decision thereon shall be final.

36. Where any authority of the University is given power by this Act or the Statutes to

appoint Committees, such Committees shall, save as otherwise provided, consist of the

members of the authority concerned and of such other person, if any, as the authority in each

case may think fit.

37. All casual vacancies among the members (other than ex-officio members) of any

authority or other body of the University shall be filled, as soon as may be, by the person or

body who appoints, elects or co-opts the member whose place has become vacant and any

person appointed, elected or co-opted to a casual vacancy shall be a member of such authority

or body for the residue of the term for which the person whose place he fills would have been

a member.

38. No act or proceedings of any authority or other body of the University shall be

invalid merely by reason of the existence of a vacancy or vacancies among its members.

Procedure of

appeal and

arbitration in

disciplinary

cases against

students.

10 of 1940.

Right to

appeal.

Provident and

pension funds.

Disputes as to

constitution

of University

authorities

and bodies.

Constitution

Committees.

Filling of

casual

vacancies.

Proceedings

of University

authroities or

bodies not

invalidated by

vacancies.

19 of 1925.

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[PART II—

39. No suit or other legal proceedings shall lie against any officer or other employee of

the University for anything which is in good faith done or intended to be done in pursuance

of any of the provisions of this Act, the Statutes or the Ordinances.

40. A copy of any receipt, application, notice, order, proceeding, resolution of any

authority or Committee of the University, or other documents in possession of the University,

or any entry in any register duly maintained by the University, if certified by the Registrar,

shall be received as prima facie evidence of such receipt, application, notice, order, proceeding,

resolution or documents or the existence of entry in the register and shall be admitted as

evidence of the matters and transactions therein where the original thereof would, if produced,

have been admissible in evidence, notwithstanding anything contained in the Indian Evidence

Act, 1872 or in any other law for the time being in force.

41. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central

Government may, by order published in the Official Gazette, make such provisions, not

inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for

removing the difficulty:

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

three years from the commencement of this Act.

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

before each House of Parliament.

42. Notwithstanding anything contained in this Act and the Statutes,—

(a) the first Chancellor shall be appointed by the Visitor and the said officer shall

hold office for a term of five years;

(b) the first Vice-Chancellor shall be appointed by the Visitor in such manner and

on such conditions as may be deemed fit and the said officer shall hold office for such

term, not exceeding five years as may be specified by the Visitor;

Visitor and each of the said officers shall hold office for a term of three years;

(d) the first Court and the first Executive Council shall consist of not more than

thirty members and eleven members respectively who shall be nominated by the Visitor

and they shall hold office for a term of three years;

(e) the first Academic Council shall consist of not more than twenty-one members

who shall be nominated by the Visitor and shall hold office for a term of three years:

Provided that if any vacancy occurs in the above offices or authorities,

the same shall be filled by appointment or nomination, as the case may be, by the

Visitor, and the person so appointed or nominated shall hold office for so long as

the officer or member in whose place he is appointed or nominated would have

held that office, if such vacancy had not occurred.

43. (1) Every Statute, Ordinance or Regulation made under this Act shall be published

in the Official Gazette.

(2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon

as may be after it is made, before each House of Parliament, while it is in session, for a total

period of thirty days which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree in making any modification in the Statute,

Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation

should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in

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

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

down under that Statute, Ordinance or Regulation.

Protection of

action taken

in good faith.

Mode of

proof of

University

record.

1 of 1872.

Power to

remove

difficulties.

Transitional

provisions.

Statutes,

Ordinances

and

Regulations to

be published

in the Official

Gazette and

to be laid

before

Parliament.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Kannada is the official language of Karnataka state situated in the southern part of

India and is the second oldest language of the Dravidian language family. It is the 27th most

spoken dialect in the world with around 35 million speakers in the world. Kannada as a

language demonstrates and broadcasts vast cultural heritage and culture. Kannada is one of

the oldest languages of India and is considered to be one of the most important languages in

the country.

In the Indian context, language plays a major role in communication and dialect, in

order to understand the region, the tourist and people should be aware of the regional

language. Sometimes, language also becomes a barrier in order to understand something.

Kannada as a language will not only help in promoting tourism but it will be a great source of

promoting the dialect and culture and heritage of Karnataka and the culture and heritage of

Karnataka across other countries. Kannada language and literature should be ingrained in

people, who are very intrigued about studying the language. It provides them with a great

source of knowledge in general and also will provide instructional and research facilities for

the relevant branches of learning in the Kannada language. This will help in promoting the

language and also attract students globally to pursue a career in Kannada, literature and

culture, and art of it.

The Bill will help in the promotion and development of accommodating dynamic quest

for comparative studies of languages and research in Kannada along with other Indian

dialects. The Bill seeks to establish a university that will provide high-level research in

Kannada language, literature, and culture. It aims to impart training to those residing within

and beyond India who desire to study the Kannada language, literature, culture, and other

allied subjects.

The Bills seeks to provide for research on ancient Kannada literature in every field

keeping in view the likely future scientific developments, it also aims to develop Kannada as

a language of modern knowledge and medium instruction. The Bill seeks to provide for

research and determine the procedures regarding the development of the kannada language

embodying in itself all the educational fields existing in the developing world and evolving

suitable approaches, therefore. The University will help in setting the facilities for the

outsourcing and development of relevant information not only within the country but also

abroad. It will help to offer programs in respective field research, education, and training in

sphere-like translation, interpretation, and linguistics for improving the functional effectiveness

of Kannada.The Bill seeks to reach out to Kannada scholars and groups who are in quest of

teaching Kannada abroad and to associate them in teaching and research in order to

disseminate and broadcast Kannada through various platforms and forums.

Hence, the Bill.

IRANNA KADADI.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

A Bill to empower the State Governments and the Central Government to take measures to

provide for the prevention and control of hate crimes and hate speech in terms

of the Constitution and international human rights instruments concerning

religion, race, caste or community, sex, gender identity, sexual orientation, place of

birth, residence, language, disability or tribe and related intolerance, in accordance

with Constitutional and international law obligations; define for the offence of hate

crime and the offence of hate speech and the punishment of persons who commit

those offences and rehabilitation of victims of those offences; to provide for the

reporting on the implementation, application and administration of this Act; and to

provide for matters connected therewith or incidental thereto.

BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as

follows:—

CHAPTER I

Preliminary

1. (1) This Act may be called the Hate Crimes and Hate Speech (Combat, Prevention

and Punishment) Bill, 2022.

Short title and

commencement.

III

BILL NO. LXXIV OF 2022

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[PART II—

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

in the Official Gazette, appoint and different dates may be appointed for different provisions

of this Act.

2. (1) 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) "Code" means the Code of Criminal Procedure, 1973.

(i) display;

(ii) written, illustrated, visual or other descriptive matter;

(iii) oral statement;

(iv) representation or reference; or

(v) an electronic communication, and "communicates" and "communicated"

shall have a corresponding meaning;

(d) "competent authority" means such officer or authority as the appropriate

Government may, by notification, appoint as the competent authority under sub-section

(2) of section 9;

(e) "data" means electronic representations of information in any form as defined

under clause (o) of sub-section (1) and section 2 of the Information Technology

Act, 2000;

(f) "data message" means data generated, sent, received or stored by electronic

means;

(g) "electronic record" means electronic record as defined under clause (t) of

sub-section (1) of section 2 of the Information Technology Act, 2000;

(h) "electronic communication" means a communication by means of data

messages;

(i) "electronic communications system" means any electronic communications

infrastructure or facility used for the conveyance of data;

(j) "harm" means any emotional, psychological, physical, social or economic

harm;

(k) "hate crime" has the meaning assigned to it in terms of sub-section (1) of

section 3;

(l) "hate speech" has the meaning assigned to it in terms of sub-section (1) of

section 5;

(m) "information" includes data, message, text, images, sound, voice, codes,

computer programmes software and databases or microfilm or computer generated

microfiche;

(n) "intermediary", with respect to any particular electronic records, means any

person who on behalf of another person receives, stores or transmits that record or

provides any service with respect to that record and includes broadcast channels,

telecom service providers, network service providers, internet service providers, web-

hosting service providers, social media platforms, search engines, online payment

sites, online-auction sites, online-marketplaces and cyber cafes;

(o) "notification" means a notification published in the Official Gazette;

21 of 2000.

2 of 1974.

SEC. 2]

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

(q) “victim” means a person, including a juristic person, or group of persons,

against whom an offence referred to in section 3 or section 4 of this Act has been

committed.

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

the Indian Penal Code, 1860 or the Code of Criminal Procedure, 1973 shall have meaning

respectively assigned to them in those Acts.

CHAPTER II

OFFENCE OF HATE CRIMES AND HATE SPEECH

3. (1) Any person who harms or incites harm or promotes or propagates hatred bring

out of his prejudice against or intolerance towards any other person because of one or more

of the following characteristics or perceived characteristics of the victim or his or her family

member or the victim’s association with, or support for, a group of personswho share

anyone or more of such characteristics:

(a) religion,

(b) race,

(d) sex,

(e) gender,

(f) sexual orientation,

(g) place of birth,

(h) residence,

(i) language,

(j) disability, or

(k) tribe

shall be guilty of an offence of hate crime.

4. (1) Whoever commits a hate crime shall be punished with imprisonment for a term

which may extend to three years or fine upto five thousand rupees or both.

(2) An offence of hate crime shall be non-cognizable and non-bailable and shall be

triable by magistrate of the first class.

5. (1) Any person:—

(a) who intentionally publishes, propagates or advocates anything or

communicates to one or more persons in a manner that could reasonably be construed

to demonstrate a clear intention to harm or incite harm or promote or propagate

hatred, based on one or more of the following grounds:

(i) religion,

(ii) race,

(iii) caste or community,

(iv) sex,

(v) gender,

(vi) sexual orientation,

(vii) place of birth,

Offence of

hate crime.

45 of 1860.

2 of 1974.

Punishment of

hate crime.

Offence of

hate crime.

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[PART II—

(viii) residence,

(ix) language,

(x) disability, or

(xi) tribe; or

(b) who intentionally distributes or makes available an electronic communication

which that person knows constitutes hate speech as referred in clause (a) through an

electronic communications system which is—

(i) accessible by any member of the public; or

(ii) accessible by, or directed at, a specific person who can be considered

to be a victim of hate speech; or

available any material which is capable of being communicated any which that person

knows constitutes hate speech as referred inclause (a), which is accessible by, or

directed at, a specific person who can be considered to bea victim of hate speech,

shall be guilty of an offence of hate speech.

(2) The provisions of sub-section (1) shall not apply in respect of anything done as

referred in sub-section (1), if it is done inith in the course of engagement in—

(a) any bona fide artistic creativity, performance or other form of expression, to

the extent that such creativity, performance or expression doesnot advocate hatred

that constitutes in citement to cause harm, based on one or more of the grounds

referred to in clause (a) of sub-section(1),

(b) any academic or scientific inquiry; fair and accurate reporting or commentary

in the public interest or in the publication of information, commentary, advertisement

or notice; or the bona fide interpretation and proselytisation or espousing of any

religious tenet, belief, teaching, doctrine or writings, to the extent that such

interpretation and proselytisation does not advocate hatred that constitutes incitement

to cause harm, based on one or more of the grounds referred to in clause (a) of

sub-section (1).

6. (1) Whoever who commits hate speech shall be punished with imprisonment for a

term which may extend to three years or fine up to five thousand rupees or both.

(2) An offence of hate crime shall be non-cognizable and non-bailable and shall be

triable by magistrate of the first class.

CHAPTER III

AID, ABET OR OTHERWISE ASSISTANCE FOR COMMITTING HATE CRIME OR HATE SPEECH

7. (1) Whoever knowingly or unknowingly believes that commission or omission of

any other person would be an offence under the provisions of this Act, with intent and

thereby aids, abets or otherwise gives that other person any assistance for such offence,

shall be punished with imprisonment of either description for a term which may extend to

three years and shall also be liable to fine or both:

Provided that an act or omission had a substantial effect on the commission a crime is

a fact based inquiry:

Provided further that the aider and abettor’s conduct may occur in a location remote

from the scene of the crime.

(2) Any intermediary who knowingly or unknowingly or due diligently believes that

commission or omission of any other person would be an offence under the provisions of

Punishment

for hate

speech.

Punishment

for aiding,

abetting or

assisting for

committing

hate crime or

hate speech.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

this Act, provide their platform to commit such offence, shall be punished with imprisonment

of either description for a term, which may extend to three years, and shall also be liable to

fine or both.

(3) Whoever knowingly or unknowingly believe or has reasonable cause to believe

that commission or omission of any other person would be an offence under the provisions

of this Act, expends or supplies any money in furtherance or in support of an act which is

an offence under this Act, shall be punished with imprisonment of either description for a

term, which may extend to three years,and shall also be liable to fine or both.

CHAPTER IV

VICTIM IMPACT ASSESSMENT

8. The prosecution, when adducing evidence or addressing the court on sentence in

respect of an offence under this Act, consider the interests of a victim of the offence and the

impact of the offence on the victim and, where practicable, furnish the court with a victim

impact statement.

Explanation.—For the purposes of this section, a victim impact statement means a

sworn statement or affirmation by a victim or someone authorised by a victim to make such

a statement on his behalf, which contains the physical, psychological, social, economic or

any other consequences of an offence under this Act for a victim and family member or

associate of a victim.

CHAPTER V

PREVENTION OF ACTS LEADING TO HATE CRIME AND HATE SPEECH

9. (1) Notwithstanding anything contained in the Code, whenever the District

Magistrate has reason to believe that in any area within his jurisdiction, a situation has

arisen where there is an apprehension of breach of peace or creation of discord between

members of different groups, castes or communities due to commission of offence under

the provisions of this Act, he may, by order in writing, prohibit any act which in his opinion

is likely to cause apprehension in the minds of another community or caste or group that it

is directed to intimidate, threaten or otherwise promote ill-will against that community or

caste or group.

(2) A competent authority, appointed by the appropriate Government by notification,

in any area within his jurisdiction, may by order in writing,—

(a) direct the conduct of any assembly or procession in any place or street and

specify by general or special notice, if any, by which and the times at which, such

procession may or may not pass;

(b) require, by general or special notice, on being satisfied that any person or

class of persons intend to convene or collect a assembly or an procession in any

place or street or to form an assembly or procession which would in his judgment, if

uncontrolled, is likely to cause a breach of peace due to commission of offence under

the provisions of this Act, that the person convening or collecting such assembly or

procession or directing or promoting such assembly or procession shall not do so

without applying for and obtaining a permission to this effect; and

other instrument inducing noise in any street or public place or procession, or in any

private place or procession, if the use of which may cause commission of offence

under the provisions of this Act.

(3) An order under this section shall remain in force for such period as may be

specified or thirty days, whichever is less:

Prevention of

acts leading to

hate crime and

hate speech.

Victim impact

assessment.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provided that if the appropriate Government, after reviewing the effect of the order,

considers it necessary for the preservation of peace or harmony between different groups,

castes or communities or public safety or maintenance of public order in such area, may, by

notification, direct that the order issued under this section shall remain in force for such

further period not exceeding sixty days from the date of the first order.

CHAPTER VI

AWARENESS, EDUCATION AND TRAINING

10. (1) The appropriate Government shall have the duty to promote awareness among

public for the prohibition, prevention and combating of hate crimes and hate speech.

(2) In performance of the duty referred to in sub-section (1), the appropriate

Government may perform such functions which shall include, but not be limited to—

(a) conducting education and information campaigns to inform the public about

the prohibition against hate crime and hate speech, aimed at prevention and combating

of such offences;

(b) ensuring that all public officials who may be involved in the investigation

and prosecution of hate crimes and hate speech are educated and informed of the

provisions against such offences;

complaint of a hate crime or hate speech; and

(d) training public officials on the prohibition, prevention and combating of

hate crimes and hate speech, and such training shall include social context training.

(3) Notwithstanding anything contained in sub-sections (1) and (2), the appropriate

Government may recommend to the National Human Rights Commission or the State Human

Rights Commission, as the case may be, to perform the functions referred to in sub-section (2).

(4) The National Judicial Academy of India, Bhopal shall develop and implement

training courses, including social context training courses for judicial officers for purposes

of presiding in court proceedings, in connection with offences under this Act.

CHAPTER VII

MISCELLANEOUS

11. No suit, prosecution or other legal proceedings shall lie against any officer or

authority of the appropriate Government for an act which is done or intended to be done in

good faith under this Act or the rules made thereunder.

12. Save as otherwise provided, the provisions of this Act shall be in addition to, and

not in derogation of, any other law for the time being in force except to the extent the

provisions of other law are inconsistent with the provisions of this Act.

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

for carrying out the provisions of this Act.

(2) Ever rule made under this section.

Protection of

action done in

good faith.

Awareness,

education and

training to

prohibit hate

crime and

hate speech.

Power to

make rules.

Act not in

derogation of

any other law.

SEC. 2]

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STATEMENT OF OBJECTS AND REASONS

The Preamble of the Constitution of India, set out founding principles and values,

among others, of individual and collective dignity with a sense of equality for all, which

shall help the Republic in achieving unity and integrity of its people. Samanvay (harmony)

and Sadbhavna (compassion for one another) are one of the oldest teachings of the Indian

civilization. Nonetheless, lately, due to narrow political, social and economic prejudices and

benefits, individuals or groups of people have created nuisance and intolerance on the

basis of religion, race, caste or community, sex, gender identity, sexual orientation, place of

birth, residence, language, disability or tribe against each other.

The Constitution of India, under article 19 (1), gives everyone the right to freedom of

expression. This right is, however, limited in that it does not extend to breach sovereignty

and integrity of the country, and decency and morality based on religion, race, caste or

community, sex, gender identity, sexual orientation, place of birth, residence, language,

disability or tribe, among others. A specific legislation is required with a view to empower

the State Governments and the Central Government to take effective measures to combat,

prevent and punish the conduct of the person constituting hate crimes and hate speech.

Hence, this Bill.

PROF. MANOJ KUMAR JHA.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

A Bill to provide for a framework for enhancing the performance of the Parliament by

fixing minimum number of sittings for each House of the Parliament, extending

the hours of a sitting, introduction of a short Session of Parliament in addition to the

existing practice of three Sessions, institution of a mechanism to separately discuss

opposition business, compensation for the hours unutilised due to disruption and

for matters connected therewith and incidental thereto.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Parliament (Productivity Enhancement) Act, 2022.

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

appoint.

Short title and

commencement.

BILL NO. LXVII OF 2022

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

(a) "Committee" means the Opposition Business Comiittee constituted under

section 7;

(b) "disruption" means the act of shouting of slogans or expressing violent

behaviour or coming to the well of the House which leads to substantial delays in

transaction of business or adjournment of the House; and

member;

(d) "Opposition business" means the agenda and debates brought forward by

the Members of the non-ruling parties.

(2) Words and expressions used in the Constitution and also in this Act, shall, unless

the context otherwise requires, have the meanings assigned to them in the Constitution.

CHAPTER II

SESSIONS OF EACH HOUSE OF PARLIAMENT

3. Subject to the provisions contained in article 85 of the Constitution, there shall be at

least four Sessions, including a short Session, of each House of Parliament in a year.

4. A short Session of each House of Parliament in a year shall entail the following,

namely:—

(a) the Session shall be of minimum fifteen days duration;

(b) the Session shall only be devoted to deliberation on at least two most urgent

matters of public importance and no other business including Government legislatie

business shall be conducted;

in each House of Parliament;

(d) each political party may submit at least two matters for intended discussion

in the short Session to the Business Advisory Committee of the respective Houses in

accordance with the rules as may be prescribed; and

(e) the Business Advisory Committee of the respective Houses shall decide the

final topics for discussion and recommend allocation of time for such discussions in

each House.

CHAPTER III

SITTINGS OF THE PARLIAMENT

5. Each House of the Parliament shall compulsorily sit for not less than one hundred

and twenty days in a year.

6. (1) Except during Private Members' Business, a member may move a motion, without

a prior notice, to extend a sitting beyond the scheduled hour for its conclusion for the

purpose of considering a specified item of business subject to the following condition:

(a) the motion shall relate to the business being considered at that point of time;

(b) the motion shall be proposed in the last hour before the scheduled hour for

inclusion of the sitting; and

Definitions.

Number of

Sessions in a

year.

Short Session.

Minimum

number of

sittings of

each House of

Parliament in

a year.

Motion for

extension of a

sitting.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) In putting the question on a motion, the Chairman or the Speaker, as the case may

be, shall collect voices both of Ayes and Noes in such manner as may be prescribed and the

question before the House shall be determined accordingly.

CHAPTER IV

OPPOSITION BUSINESS COMMITTEE

7. (1) The Chairman or the Speaker, as the case may be, shall, from time to time,

constitute an Opposition Business Committee in each house of Parliament consisting of

eight members to be nominated in such manner as may be prescribed.

(2) The Committee constituted under sub-section (1) shall hold office until a new

Committee is nominated.

8. (1) The Chairman of the Committee shall be appointed by the Chairman or the

Speaker, as the case may, be from amongst the members of the Committee.

(2) If the Chairperson of the Committee is for any reason unable to act, the Chairman or

the Speaker, as the case may be, may appoint another Chairperson of the Committee in his or

her place.

(3) If the Chairperson of the Committee is absent from any meeting, the Committee

shall choose another member to act as a Chairperson of the Committee for the meeting.

9. The quorum of the Committee shall be four.

10. (1) It shall be the function of the Committee to recommend the Opposition Business

to be taken up on the respective House of a sitting on Monday during the Session periods

other than a short Session and also time that shall be allocated for the opposition business.

(2) The business recommended by the Committee shall have precedence over

Government business.

CHAPTER V

INTERRUPTION OR DISRUPTION OF BUSINESS

11. A member shall not be interrupted, except by the Chairman or the Speaker, or

another member who is—

(a) raising a point of order; or

(b) trying to clarify some matter raised by the member in his or her speech, but

only if the member speaking is willing to give way and resume his or her seat and the

member wishing to interrupt is called by the Chairman or the Speaker, as the case may

be.

12. (1) The number of hours lost due to disruptions shall be compensated by extending

a Session of the respective House by as many hours for which the sittings were adjourned

due to disruptions.

(2) For the purposes of sub-section (1), the Chairman or the Speaker, as the case may

be, shall have inherent powers to extend the Session of the respective House.

Constitution

of Opposition

Business

Committee.

Chairman of

Committee.

Quorum

Functions of

Opposition

Business

Committee.

Exceptions for

interruption.

Extension of

session.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

As the central institution of democracy, the India Parliament expresses the faith of the

people and embodies the will of those in the Government. As the representative of India's

diverse population, Parliament has a unique responsibility of balancing competing interests

and catering to the needs of the people through democratic means of deliberations and

discussions. The Indian Parliament which witnessed its most productive Session during the

initial decades suffers from a limited number of sittings, frequent disruptions, and high

absenteeism in the 21st century. The drastic reduction of Parliament productivity has seriously

deteriorated the quality of discussion and hampered overall efficiency effectively.

2. The Parliament is the sole institution that secures the interests of the country as a

whole. Apart from the regular legislative business, it also ensures that the Government is

fully accountable to the people through the participation of non-ruling parties. However, the

current framework does not adequately provide the members of the opposition parties with

means to intervene and lead discussions which lead to more delays and disruptions.

Consequently, both Houses of Parliament are not able to perform the crucial function of

parliamentary oversight.

3. It is imperative to urgently reform and strengthen the existing system which is only

possible by extending the number of days the Parliament functions. To keep up with the

rapidly changing needs of the people, the working hours of Parliamnet in no situation should

be reduced due to delays or disruptions. Further,a separate mechanism for the opposition

parties to put forward the most pressing issues of the people could substantially bring down

the incidences of disorder in both Houses of the Parliament.

The Bill seeks to achieve the above-stated objectives.

PROF. MANOJ KUMAR JHA.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2022.

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

in the Official Gazette, appoint.

2. In article 16 of the Constitution, after clause (6) the following clause shall be inserted,

namely:—

"(7) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall

prevent the State from making any special provision, by law, for the advancement of

any socially and educationally backward classes of citizens or for economically weaker

sections of citizens or for the Scheduled Castes or the Scheduled Tribes, to provide in

their favour reservation of appointments or posts in private sector."

Short title

and

commencement.

Amendment

of article 16.

BILL NO. LXXV OF 2022

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

3. In article 124 of the Constitution, after clause (1), the following proviso and Explanation

shall be inserted, namely:—

"Provided that such number of Judges, as nearly as may be, equal to the

proportion of the population of the Scheduled Castes, the Scheduled Tribes and the

Other Backward Classes to the total population of the country, shall be appointed from

amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, and

the Other Backward Classes.

Explanation.— In this article, the expression "population" means the population

as ascertained at the last preceding census of which the relevant figures have been

published.

4. In article 216 of the Constitution, the following proviso and Explanations shall be

inserted, namely:—

"Provided that such number of Judges, as nearly as may be, equal to the

proportion of the population of the Scheduled Castes, the Scheduled Tribes and the

Other Backward Classes in the State to the total population of the State, shall be

appointed from amongst the persons belonging to the Scheduled Castes, the Scheduled

Tribes, and the Other Backward Classes.

Explanation I—In this article, "State" includes all States and Union Territories

that share a common High Court.

Explanation II—In this article, the expression 'population' means the population

as ascertained at the last preceding census of which the relevant figures have been

published."

Amendment

of article 124.

Amendment

of article 216.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Indian Constitution was designed to provide special measures for the social and

economic advancement of the historically oppressed communities in the country. The

constitutional principles of distributive justice and economic upliftment are reflected through

the various Fundamental Rights and Directive Principles of State Policies enshrined in the

Constitution. Even after seven decades of promulgation of the Constitution, the marginalised

groups in India suffer from multiple forms of discrimination in all spheres, especially in terms

of employment opportunities.

With the move towards privatisation and liberalisation in the country, the scope for

public sector entities has shrunk considerably, which has resulted in lesser job opportunities

for the weaker sections who rely heavily on the State for their livelihood. On the other hand, the

Indian private sector, which so far has been outside the purview of a quota system in recruitment,

is pervaded with social exclusion and caste favouritism. The pre-existing income inequalities

and unequal distribution of wealth and property in the country further exclude marginalised

groups from participating in the organised private sector which forces them to engage in

unskilled work. In such a scenario, affirmative action in the private sector is categorically

required to ensure continuous socio-economic development of the marginalised communities.

Upliftment of the weaker sections is a stated objective of our country and thus

reservation in employment opportunities is a social responsibility of the Government as well

as the private sector. Reservation policy in the private sector will not only provide fair and

non-discriminatory access to historically excluded groups, but at the same time would remove

deterrents created by caste discrimination on labour markets, and thereby enhance

competitiveness and economic growth.

Further even after 75 years of affirmative action, the disadvantaged and marginalised

communities in the country are not adequately represented in the higher judiciary. As the

guardian of the Constitution and the last resort to the millions of citizens, the Supreme Court

of India influences the lives of each and every one in the country. Therefore, it is imperative

that judges represent the broadest spectrum of society.

Since independence, a very small number of Judges belonging to marginalised

communities were able to serve as Judges of the Supreme Court and High Courts. Caste-based

reservation has been an integral part of the Indian principle of equality, therefore, its absence

in the superior judiciary is unconvincing and needs to be rectified. Without a constitutional

provision for reservation, it is highly improbable for persons from these communities to reach

such eminent positions through natural means. Further, the existence of reservation in

subordinate courts is reason enough for its introduction in higher courts as well.

India is a highly diverse country and its diversity should also be reflected in the higher

judiciary. A more inclusive judiciary is also more likely to foster balanced and comprehensive

discussions on matters related to caste, gender, access and equality. The first-hand knowledge

of the issues pertaining to backward classes would also help in developing a more advanced

understanding of the caste-based problems in the country.

In absence of a formal and written framework, representation in the higher judiciary

could not be expanded on its own. A constitutional mandate in this regard would ensure that

the superior courts are never under represented. Previously, Parliamentary Committees and

National Commission for Scheduled Castes have also recommended similar provisions for

the appointment of judges in the Supreme Court and High Courts. It is of utmost importance

that equitable representation and fair play in the higher judiciary is secured through the

channels of the Constitution.

The Bill seeks to achieve above-mentioned objectives.

PROF. MANOJ KUMAR JHA.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

ANNEXURE

EXTRACT FROM THE CONSTITUTION OF INDIA

16. (1) There shall be equality of opportunity for all citizens in matters relating to

employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,

residence or any of them, be ineligible for, or discriminated against in respect of, any

employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in

regard to a class or classes of employment or appintment to an office under the Government

of, or any local or other authority within, a State or Union territory, any requirement as to

residence within that State or Union Territory prior to such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the

reservation of appointments or posts in favour of any backward class of citizens which, in

the opinion of the State, is not adequately represented in the services under the State.

(4A) Nothing in this article shall prevent the State from making any provision for

reservation in matters of promotion, with consequential seniority, to any class or classes of

posts in the services under the State in favour of the Scheduled Castes and the Scheduled

Tribes which, in the opinion of the State, are not adequately represented in the services

under the State.

(4B) Nothing in this article shall prevent the State from considering any unfilled

vacancies of a year which are reserved for being filled up in that year in accordance with any

provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies

to be filled up in any succeeding year or years and such class of vacancies shall not be

considered together with the vacancies of the year in which they are being filled up for

determining the ceiling of fifty per cent. reservation on total number of vacancies of that

year.

(5) Nothing in this article shall affect the operation of any law which provides that the

incumbent of an office in connection with the affairs of any religious or denominational

institution or any member of the governing body thereof shall be a person professing a

particular religion or belonging to a particular denomination.

(6) Nothing in this article shall prevent the State from making any provision for the

reservation of appointments or posts in favour of any economically weaker sections of

citizens other than the classes mentioned in clause (4), in addition to the existing reservation

and subject to a maximum often per cent. of the posts in each category.

124. (1) There shall be a Supreme Court of India consisting of a Chief Justice of India

and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

216. Every High Court shall consist of a Chief Justice and such other Judges as the

President may from time to time deem it necessary to appoint.

Equality of

opportunity in

matters of

public

employment.

Establishment

and

constitution of

Supreme

Court.

Constitution

of High

Courts.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

A Bill further to amend the Constitution of India.

BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as

follows:––

1. (1) This Act may be called the Constitution (Amendment) Act, 2022.

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

in the Official Gazette, appoint.

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

inserted, namely,—

“(3) A person shall be disqualified for being a member of either House of Parliament

if he has ever been a Governor of a State.”

3. For article 155 of the Constitution, the following article shall be substituted,

namely,—

"155. (1) The Governor of a State shall be appointed by the President by

warrant under his hand and seal, after obtaining the concurrence of the Chief Minister

of the State.

Short title and

commencement.

Amendment

of article 102.

Substitution of

article 155.

Appointment

of Governor.

BILL NO. LXVI OF 2022

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) The President may appoint any Governor of a State to hold full additional charge

as the Governor of another State, on a temporary basis, for a period not exceeding six

months, in case a vacancy has arisen which cannot be immediately filled.".

4. In article 156 of the Constitution,—

(1) for clause (1), the following clause shall be substituted, namely,—

"(1) The Governor shall hold office for a term of five years;

Provided that a Governor shall, notwithstanding the expiration of his

term, continue to hold office until his successor enters upon his office."

(2) for clause (3), the following clause shall be substituted, namely,—

"(3) A Governor may be removed from office before the expiry of his term by the

President only on recommendation of the Chief Minister of that State:

Provided that the President shall however, remove a Governor from office

without the recommendation of the Chief Minister, if the Governor suffers from

any of the disqualifications specified in article 157 after his appointment.".

5. For article 157 of the Constitution, the following article shall be substituted,

namely,—

"157. (1) No person shall be eligible for appointment as Governor unless he—

(a) is a citizen of India and has completed the age of thirty- five years; and

(b) is an eminent personality in some walk of life.

(2) A person shall be disqualified for appointment as Governor if he—

(a) has attained the age of seventy-five years;

(b) he has been in the employment of the Union or State Government or any

Union or State owned undertaking or body or corporation or agency, or any local

authority in the preceding ten years;

Government in the preceding ten years;

(d) he has served as a Member of either House of Parliament or of a House of

Legislature of any State in the preceding ten years;

(e) he has been a Judge of the Supreme Court of India or any High Court;

(f) he has been a member of any Panchayat or Municipality in the preceding ten

years;

(g) he has been an office bearer of a registered or recognised political party in

the preceding ten years;

(h) has had a charge framed against him by a Court for an offence involving

moral turpitude;

(i) had been convicted of any criminal offence with a punishment of one year or

more;

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

(k) is an undischarged insolvent;

(l) has ever been disqualified under the Tenth Schedule;

(m) he ordinarily resides within that State.".

6. In article 158 of the Constitution, after clause (4), the following clause shall

be inserted, namely—

Amendment

of article 156.

Amendment

of article 157.

Qualifications

and

disqualifications

for

appointment

as Governor.

Amendment

of article 158.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

1. The Constitution of India states that the executive power of the State vests in the

Governor. The Governor being a head of the State is however expected to exercise that power

as per the aid and advice of the Cabinet of the State. The Governor is appointed by the

President of India, on the recommendations of the Union Cabinet. The Governor serves at

the pleasure of the President.

2. During the Constituent Asseembly Debates the framers of our Constitution foresaw

a Governor who would be a "guide, philosopher and friend of the Ministry as well as the

people in general". The Governor performs important Constitutional functions, which require

him to be impartial and a person of impeccable integrity. Democracy is the lifeblood of our

Constitution. It is only to establish a democratic government that our freedom fighters

sacrificed their lives to fight the British. It may therefore appear odd that they chose to vest

the executive powers of an elected State Government in an unelected Governor. The answer

to this perplexing puzzle is two fold-firstly that they always imagined that the Governor

would act in line with the aid and advice of his elected Cabinet and secondly that a person

who adorns the office of Governor will be of the highest caliber, integrity and personality.

When even one of these two conditions break down, chaos entails and the will of the people

can be defeated by a single individual. There are not enough safeguards in the Constitution

against such a break down. It was predicted by one learned member of the Constituent

Assembly who foretold that if the Governor serves at the pleasure of the President, "he will

be purely a creature of the President, that is so say, the Prime Minister and the party in power

at the Centre".

3. There are three broad issues with the way Governors are appointed and function

under our Constitution—(i) they are appointed by and can be removed by only the President,

by extension, the party in power at the Centre; (ii) the State to which they are appointed has

no say whatsoever in the Governor's appointment or removal; (iii) there are no sufficient

qualifications, disqualifications and safeguards prescribed in the Constitution for a person

to be appointed to the highest office in the State.

4. In so far as the first issue, it cannot be gainsaid that a Governor who turns political

must cease to be a Governor. The time in nigh for appointing neutral, apolitical and impartial

persons as Governors.

5. This brings us to the pool from which we appoint Governors. The only way to

remedy this situation is to ensure that persons who have been engaged in active politics

either as party office bearers or members of houses of Legislature or Parliament do not get

appointed as Governors during a cooling off period of ten years. Further, those persons who

have served in Government or Government undertaking, corporations etc. must not be

appointed as Governors immediately since they would be loyal to the person who was their

political boss until recently. It is unrealistic to expect them to suddenly turn impartial and

neutral.

6. There is no reason why the elected de facto head of the State should not be consulted

while appointing or removing a Governor. The Chief Minister of the State is entrusted with

the people's mandate, the strongest authority available under our constitution. Such pre-

appointment consultation is bound to reduce friction between the Governor and the Cabinet,

and will improve their working relationship. It is therefore desirable for a better administration

of the State that the President appoints the Governor after obtaining the consent of the Chief

Minister of the State.

7. Further, the appointment of the Governor at the pleasure of the President is a colonial

hangover that has to be banished. A high constitutional authority who is the head of the

State should not serve at the pleasure of anybody, even the President. A Governor must be

appointed for a fixed term of five years and may be removed by the President only after

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

consulting with the Chief Minister of the State or upon attaining any of the disqualifications

prescribed.

8. Article 157 does not prescribe qualifications and disqualifications for holding office

of the Governor. When qualifications have been prescribed even for a member of a Panchayat,

it is not desirable that no minimum standards are set for choosing the Governor of a State.

The individual performing crucial constitutional functions like inviting persons to form

Government after an election must fulfill certain basic criteria. States also spend hundreds of

crores on maintaining the Governor and his infrastructure. The Constituent Assembly was of

the view that a Governor must not be known to be part of the local politics of that State or of

the Union and desired to bring people who are outside of politics and are of eminent stature

in other walks of life. The mind of a Governor should be free of any political likes or dislikes,

or party politics or expectations of future appointments after his tenure expires. His entire

devotion should be towards performing his constitutional duties in the interest of the State

and work in accordance with the constitutional goals and ethos. To maintain his neutrality

and impartiality to the people of the State and the Constitution, the appointee should not be

connected with any political party or have recently retired from Government service.

9. It also cannot be gainsaid that our democracy has evolved to a point where persons

with criminal antecedents are being washed away from mainstream politics. Therefore, it is

only natural that a person with criminal antecedents must not be appointed as Governor of a

State. Similarly, a lunatic or a declared insolvent must not be appointed as Governor.

10. Recently, we have also been acting on an unwritten rule that persons from the same

State are not appointed as Governor of their home State. This is because they are bound to

have some political views, even if they are not outwardly members of any party. It is time to

codify the said rule.

11. It has been the practice for the President to appoint the Governor of one State to

hold full additional charge as Governor of another State when a vacancy arises that could

not immediately be filled. However, there is no enabling provision in the Constitution to do

so.

It is therefore, proposed to amend the Constitution to achieve the above objectives.

Hence, this Bill.

P. WILSON.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. LXV OF 2022

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2022.

(2) It shall come into force at once.

2. In article 124 of the Constitution, after clause (7), the following clause shall be

inserted, namely:—

''(8) No person who has held office as a Judge of the Supreme Court shall hold

any executive position or any office of profit, under the Government of India or any of

the State Governments, before the expiry of five years from the date he ceases to hold

such office.''

Short title and

commencement.

Amendment of

article 124.

VII

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Independence and impartial functioning of the judiciary and the protection of

constitutional governance depend upon the separation of powers. The judiciary is supposed

to uphold the Constitution. It acts as a check against excesses, arbitrariness, and unlawful

steps that may emanate from other branches.

This independence of the judiciary is achieved by many protective constitutional

provisions. Judges cannot be arbitrarily removed once they are appointed, and can only be

removed from office by a special majority of both Houses under article 124(4) of the

Constitution. Judges, therefore, enjoy security of tenure while holding office, which is essential

for maintaining judicial independence.

The Constitution also prohibits post-retirement work by judges as lawyers. Article

124(7) of the Constitution provides that a retired Supreme Court judge cannot ''plead or act in

any court or before any authority within the territory of India''.

However, this provision only restricts post-retirement appointments in judiciary itself,

but not in posts of President, Governor, Member of Parliament, etc. The post-retirement

appointment of judges to other executive posts may undermine judicial independence.

In the Constituent Assembly, K T Shah, had put forward the suggestion that High

Court and Supreme Court judges should not take up an executive office with the Government,

''so that no temptation should be available to a judge for greater emoluments, or greater

prestige which would in any way affect his independence as a judge.''

In its 14th report in 1958, the Law Commission strongly recommended banning post-

retirement Government employment for Supreme Court judges because the Government was

a litigant in the courts in large number of cases.

Several appointments to administrative bodies require a cooling-off period

for individuals so as to eliminate the possibility or suspicion of a conflict of interst or

quid pro quo. This cooling-off period must be extended to Indian Judiciary. No person who

has been appointed as judge in the Supreme Court or the judge or chief justice of a High

Court shall hold any executive position or any office of profit, under the Government of India

or any of the States of India, before the expiry of five years from the date of reirement from the

post of the Judge of the respective court.

The Bill seeks to achieve these objectives.

DR. V. SIVADASAN.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. LXI OF 2022

A Bill further to amend the Prevention of Money-Laundering Act, 2002.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Prevention of Money-Laundering (Amendment)

Act, 2022.

(2) It shall come into force at once.

2. In the Prevention of money-Laundering Act, 2002 (hereinafter referred to as the

principal Act), in section 6,—

(a) in sub-section (1), after the words, "powers and authority conferred by or

under this Act", the words, "after consultation with the Chief Justice of India" shall be

inserted.

(b) in sub-section (12), after the words, "after giving necessary opportunity of

hearing", the words "and after consultation with the Chief Justice of India" shall be

inserted.

Short title and

commencement.

Amendment of

section 6.

VIII

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Under the Prevention of Money-Laundering Act, 2002, in order to ensure impartiality

and to ensure that the principle of the separation of powers is upheld, there is a need to have

wider consultation regarding the appointment and removal of the adjudicating authority.

2. The authority under the Act which is enjoying the powers of a quasi-judicial system

as well as an enquiring agency, and at the same time functioning under the government loses

its independent working character. Therefore, there is need to ensure the independent

character of the authority.

3. The enforcing authority, being under the government and having been vested with

quasi-judicial powers, does not stand up to the principles of separation of powers, and also

is resulting in the high centralisation of power. Therefore, there is need to ensure to uphold

the principle of separation of power under the Act to ensure fairness in dispensing justice to

the People.

4. The Bill seeks to achieve the above objectives.

DR. V. SIVADASAN.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Short title, and

commencement.

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2022.

(2) It shall come into force at once.

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

21B. (1) The State shall ensure employment and living wages to all adult citizens in

such manner as the State may, by law, determine:

Provided that in case of failure to ensure employment and living wages to adult citizens,

the State shall provide for monetary compensation in such manner as the State may, by law,

determine.

Insertion of

new article

21B.

Right to

employment.

Bill No. LVIII of 2022

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2022.

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

2. In article 16 of the Constitution for clause (4), the following clause shall be

substituted, namely:—

''(4) Nothing in this article shall prevent the State from making any provision for

the reservation of appointments or posts in favour of any backward class of citizens,

in proportion to their population which, in the opinion of the State, is not adequately

represented in the services under the State.''

BILL NO. LVII OF 2022

Short title and

commencement.

Amendment

of article 16.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(b) 'insult' means exhibiting contempt or disrespect to the Father of the Nation

and other icons of Freedom Movement by words, either spoken or written, or by acts

and includes showing respect to the assassins of the Father of the Nation; and

of the country and monuments related to freedom movement.

3. Whoever in any public place or in any other place within the public view insults the

Father of the Nation or other incons of Freedom Movement, shall be punished with

imprisonment for a term which may extend to seven years or with fine or with both.

4. Whoever, having already been convicted of an offence under section 3, is again

convicted of any such offence, shall be punishable for the second and every subsequent

offence, with imprisonment for a term which shall not be less than three years.

Penalty on

second and

subsequent

convictions.

Penalty.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

XII

BILL NO. LIX OF 2022

A Bill to provide that all regional languages shall be used for all official purposes

of the Union and for matters connected therewith or incidental thereto.

WHEREAS in a democracy, the application of laws must be understandable to all its

citizens;

AND WHEREAS the Hindi speaking population in India is concentrated in just six

States and residents of the remaining States, which constitute the majority, have been

discriminated against by not being allowed to conduct official business in their regional

language;

AND WHEREAS the languages people speak helps in defining who they are and

being allowed to communicate in the same language is part of our right to identity which is

implicit in the fundamental rights guaranteed under Part III of the Constitution of India.

BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Official Languages Act, 2022.

Short title and

commencement.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

in the Official Gazette, appoint and different dates may be appointed for different States and

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

relation to any State as a reference to the coming into force of that provision in that State.

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

(a) "Committee" means the Official Language Committee constituted under

section 6;

(b) "official purpose" means and includes:—

(i) communication between one Ministry or Department or office of the

Central Government and another Ministry;

(ii) communication between one Ministry or Department or office of the

Central Government and any corporation or company owned or controlled by

the Central Government or any office thereof;

(iii) communication between the Central Government or any Ministry or

Department or office thereof or any corporation or company owned or controlled

by the Central Government or any office thereof and any State Government or

any Ministry or Department or office thereof or any corporation or company

owned or controlled by the State Government or any office thereof;

(iv) communication between any corporation or company owned or

controlled by the Central Government or any office thereof and another;

(v) resolutions, general orders, rules, notifications, administrative or other

reports or press releases issued or made by the Central Government or by a

Ministry, Department or office thereof or by a corporation or company owned or

controlled by the Central Government or by any office of such corporation or

company;

(vi) administrative and other reports and official papers laid before the

Houses of Parliament;

(vii) contracts and agreements executed, licences, permits, notices and

forms for tender issued, by or on behalf of the Central Government or any

Ministry, Department or office thereof or by a corporation or company owned or

controlled by the Central Government or by any office of such corporation or

company; and

(viii) proceedings conducted in High Courts of all States including any

judgment, decree or order passed or made by the High Court.

Eighth Schedule to the Constitution which can be used for official purposes;

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

3. Notwithstanding anything contained in any other legislation for the time being in

force, all languages listed in the Eighth Schedule to the Constitution, as of the day this Act

comes into force, and those to be included by amending the Constituton, shall be given

official status from such date on which this Act comes into force:

Provided that no language that has been removed from the Eighth Schedule to the

Constitution by an amendment made to the Constitution shall be given official status.

4. All languages that have been given official status shall be used for all official

purposes of the Union:

Definitions.

Official status

to languages in

the Eighth

schedule.

Languages to

be given

official status

for all official

purposes of

the Union.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provided that for communication between one Ministry or Department or office of the

Central Government and another; or communication between one Ministry or Department or

office of the Central Government and any corporation or company owned or controlled by

the Central Government or any office thereof; or communication between any corporation or

company owned or controlled by the Central Government or any office thereof and another;

the official language or languages preferred by both the Ministries or Departments or other

office of the Central Government or corporations of companies owned or controlled by the

Central Government or any office thereof shall be taken into account and all communication

between the Ministries or Departments or other office of the Central Government or any

office thereof shall be conducted in all such official languages in such a way that they are all

translations of one another:

Provided further that all communication between the Central Government or any

corporation or company owned or controlled by the Central Government or any office thereof

and any State Government or any corporation or company owned or controlled by the State

Government or any office thereof shall be in both English and the Official language preferred

by the State concerned and the official language preferred by the Central Government:

Provided further that all resolutions, general orders, rules, notifications, administrative

or other reports, press releases issued or made by the Central Government or by a corporation

or company owned or controlled by the Central Government or by any office of such

corporation or company, administrative and other reports, official papers laid before a House

or the House of Parliament, contracts and agreements executed, licences permits notices and

forms for tender issued by or on behalf of the Central Government or by a corporation or

company owned or controlled by the Central Government or by any office or such corporation

or company, shall be issued in all official languages:

Provided further that proceedings of High Courts including any judgment, decree or

order passed or made by a High Court may be in the official language adopted by the State

in which the High Court is situated.

5. Notwithstanding anything provided in section 4, an English translation shall be

provided at the time for all commnications made for official purposes.

6. (1) The Central Government shall by notification in the official Gazette constitute an

Official Languages Committee under the provisions of this Act within sixty days of its

coming into force.

(2) The Committee shall consist of twenty members, of whom ten shall be members of

the House of the People and ten shall be members of the Council of States, to be elected

respectively by the members of the House of the People and the members of the Council of

States in accordance with the system of proportional representation by menas of a single

transferable vote.

7. The Committee shall promote the teaching and learning of all offical languages in

such manner as may be prescribed.

8. (1) The Committee shall annually submit a report to the President giving its

recommendations therein and the President shall cause the report to be laid before each

house of Parliament, and sent to all the State Governments.

(2) The President may, after consideration of the report referred to in sub-section (1)

and the views, if any, expressed by the State Government thereon, issued directions in

accordance with the whole or any part of the report:

English

translation of

communications.

Establishment

of Official

Languages

Committee.

Functions of

the

Committee.

Annual

Report.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Provided that the directions so issued shall be consistent with the other provisions of

this Act.

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 section shall be laid, as soon as may be, after it is made,

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

may be comprised in one session or in two successive sessions, and if before the expiry of

the session in whcih it is so laid or the session immediately following, 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.

10. The Official Languages Act, 1963 with all its amendments is hereby repealed.

Power to

make rules.

Repeal

19 of 1963

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The language we speak helps define who we are and adds to our sense of identity. It is

an inalienable right conforming to the principles embodied in the United Nations International

Convention on Civil and Political Rights and according to the spirit of Part III of the

Constitution of India. It is, therefore, pertinent to make provisions that promote the linguistic

and cultural diversity of India and not to stifle it.

2. In a democracy, the laws it applies must be understandable to all its citizines. Moreover,

there can be no discrimination between people belonging to different states. If residents of

one State are given the privilege to conduct official business in their mother tongue, the

same privilege must be extended to all citizens. In the official dealings with institutions, all

citizens must have the right to use their own regional language. While national integration is

of paramount importance, we as a Union of States must also actively promote the freedom of

its peoples to speak and write their own language.

3. India must be committed to maintaining its multilingual character. It is important for

us to realize that the protection and promotion of regional languages represent an important

contribution to the building of an India based on the principles of democracy and cultural

diversity within the framework of national sovereignty and territorial integrity.

The Bill seeks to achieve the above objectives.

TIRUCHI SIVA.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

A Bill to provide for a Digital Literacy Curriculum in all educational institutions to make

the youth digitally literate and for matter connected therewith or incidental thereto.

BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called Right to Digital Literacy Act, 2022.

(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 relation to a State, Government of that

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

(b) "Curriculum" means the Digital Literacy Curriculum formulated under

section 3;

Short title and

commencement.

Definitions.

XIII

BILL NO. LXII OF 2022

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

about who can process their data and for what purpose;

(d) 'data protection" means keeping data safe from unauthorized access;

(e) 'digital" means regularly updating and cleaning electronic devices, using

passwords that follow security protocols, organizing the files stored on the device,

optimizing setting etc;

(f) "digital literacy" means the knowledge, skills and attitudes that allow individuals

to be both safe and empowered in an increasingly digital world;

(g) "disinformation" means false information deliberately spread to deceive

people;

(h) "educational institutions" means all schools and colleges in the territory of

India;

(i) "impact assessment" means a holistic evaluation to understand the extent to

which the Curriculum has penetrated into the lives of children and young adults and

has enabled them to use the internet safely;

(j) "misinformation" means incorrect or misleading information;

(k) "Online Financial Fraud" means the act of obtaining financial gain through

profit-driven criminal activity, including identity fraud, ransomware attacks, email and

internet fraud, and attempts to steal financial account, credit card, or other payment

card information;

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

(m) "sextortion" means a form of online abuse, wherein the cybercriminal makes

use of various channels like instant messaging applications, short messaging service,

online dating applications, social media platforms, porn sites etc., to lure the users into

intimate video or audio chats and makes them pose nude or obtains revealing pictures

from them;

(n) "social media etiquette" means treating others with respect online, personal

information, images, or videos of anyone not to be shared without consent etc.; and

(o) "virtual digital asset" shall have the same meaning as defined under sub-

section (c) of section 3 of the Finance Act, 2022.

3. (1) The appropriate Government shall, within six months from the date of

commencement of this Act formulate a Digital Literacy Curriculum by notification in the

Official Gazette for carrying out the purposes of this Act.

(2) From such date, as the appropriate Government may, by notification in the Official

Gazette specify, the Curriculum shall be adopted in all educational institutions.

(3) The appropriate Government shall take all measures to ensure that the Curriculum,—

(a) is designed after a preliminary diagnostic review of the local context and due

consultations with concerned stakeholders in such manner as may be prescribed;

(b) includes content relating to data protection, data privacy, social media

etiquette, digital hygiene, misinformation, disinformation, online fiancial fraud,

sextortion, virtual digital assets and any other relevant subject that the appropriate

Government may decide;

(d) is revised at such requisite intervals of time, as may be prescribed by the

appropriate Government to keep pace with the changing technological landscape.

Digital

Literacy

Curriculum.

6 of 2022.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

4. (1) The appropriate Government shall take measures to address the human resource

requirements for implementation of the Curriculum by planning, developing, implementing

and regularly updating educational and training programs in collaboration with institutions

of higher education and training.

(2) The appropriate Government shall ensure the appointment of such number of

teachers with such qualifications, as may be prescribed for teaching the Curriculum in

educational institutions.

(3) The appropriate Government shall make efforts to incorporate international best

practices in digital literacy in the curriculum.

5. The appropriate Government shall take all measures to ensure effective co-ordination

between services provided by concerned Ministries and Departments of that Government

such as those dealing with Information Technology, Education, Finance, Home Affairs,

Women and Child Development for carrying out the purposes of this Act.

6. (1) The appropriate Government shall design an impact assessment mechanism to

evaluate the efficiency of the Curriculum.

(2) The appropriate Government shall conduct an impact assessment as per clause (1)

at five year intervals in such manner as may be prescribed:

Provided that the first impact assessment shall be conducted after five years of the

implementation of the Curriculum.

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

this behalf, provide requisite funds to the State Governments, from time to time, for carrying

out the purposes of this Act.

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

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

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

as may be after it is made, before each House of Parliament while it is in session for a total

period of thirty days which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree in making any modification in the rule or

both Houses agree that the rule should not be made, the rule shall thereafter have effect only

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

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

done under that rule.

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

as may be after it is made, before each House of the State Legislature where it consists of two

Houses, or where such Legislature consists of one House, before that House.

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

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

being in force.

Appropriate

Government

to take

measures as to

address human

resource

requirement,

training, etc.

Co-ordination

within

appropriate

Government.

Impact

assessment.

Central

Government

to provide

funds.

Power to

make rules.

Act to have

overriding

effect.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

As of March 2022, there are a total of 82 crore internet subscribers in India according

to the "Indian Telecom Services Performance Indicator Report" released by Telecom

Regulatory Authority of India (TRAI). Since the Covid-19 pandemic made remote working

and remote learning the norm, the world has witnessed a surge in dependence on the internet.

Hence, social media platforms have become mainstream vehicles for civic participation. As a

result, invasions of privacy, increasing surveillance, digital financial transactions are just

some of the complex issues that face us today.

As per NITI Aayog, "Most of the internet users are in urban educated classes. This

situation reflects that majority of the Indians still remain unfazed by the information technology

revolution. With such a disparity in digital access and literacy, it is hard to aspire for inclusion

and equity. India is expected to have the largest working age population, which requires

rapid job creation. Digital literacy becomes a crucial medium of communication with global

citizens".

Even though children are seemingly adept at using digital tools, this does not mean

that they are digitally literate. Digital literacy encompasses awareness of digital rights,

balanced use of technology, digital emotional intelligence, digital safety and security and

civic digital self-expression. School going children can be extremely vulnerable to cyber

bullying, phishing, online scams, malware and the like. Besides, children need to be sensitised

to the perpetual nature of the internet and the perils of posting personally identifiable

information online. Children and young adults need to be digitally literate even when they

are offline since their schooling, societal conditioning and future job opportunities largely

depend on their understanding of and participation in the digital ecosystem.

This Bill assumes greater significance since India does not have a Data Protection law

yet. At the same time, it is only a first step towards our goal of a digitally literate India. Various

challenges to mainstreaming digital literacy include low-quality technological infrastructure,

cost of infrastructure needed for the use of Information and Communications Technology

(ICT), lack of online content in local languages and that related to everyday life, lack of

understanding of the decision makers, lack of evidence based information and a lack of

sufficient regulation in relation to privacy and transparency. We must look at digital literacy

as one part of the solution and not the panacea.

Notably, the United Nations Committee on the Rights of the Child, in 2014, advised

member governments (including India) to include digital literacy in their national school

curriculums. Countries like Scotland, Australia, Netherlands already have a digital literacy

framework in place. Even though the National Education Policy, 2020 envisages digital literacy

as a part of the curriculum framework for school and adult education, it does not define the

same. This Bill seeks to incorporate a rights based approach to digital literacy and citizenship.

The thrust to Digital India must be accompanied by an adequate legislative response to the

opportunities and threats presented by the internet.

The bill seeks to achieve the above objectives.

DEREK O' BRIEN.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Short title and

commencement.

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

BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Indian Penal Code (Amendment) Act, 2022.

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

in the Official Gazette, appoint.

2. In section 375 of the Indian Penal Code, 1860 for Exception 2, the folloing shall be

substituted namely:—

"Exception 2.—The fact of a subsisting marriage of the accused and the victim

shall not be treated as mitigating factor for the offence under this section."

Amendment

of section

375.

45 of 1860.

XIV

BILL NO. LXIII OF 2022

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

India was a British colony during the time of drafting of the Penal Code in the 19th

century. English laws did not recognise men and women as equals and merged the identity of

women with their husbands. Under section 375 of the Indian Penal Code, the offence of rape

provides for an exception—'Sexual intercourse by a man with his own wife, the wife not

being under 15 years of age, is not rape'. The 42nd Report of the Law Commission (1971)

suggested the removal of this exception. The Indian Penal Code was subsequently amended

in the year 1983 to criminalise spousal rape during the period of judicial separation, as

suggested by the 84th Law Commission Report. However, the exception of martial rape still

remained.

2. Article 2 of the Declaration of the Elimination of Violence against Women includes

marital rape unequivocally in the definition of violence against women. The Convention on

the Elimination of All Forms of Discrimination Against Women (CEDAW) Committee also

suggested that India should 'widen the definition of rape in its Penal Code to reflect the

realities of sexual abuse experienced by women and to remove the exception of marital rape

from the definition of rape'. Inspired by this, the Justice Verma Committee recommended

deleting the exemption contained in section 375. Apart from being a moral obligation,

incorporation of such international treaties is prescribed in article 253 of the Constitution of

India. In addition, article 51 requires that the State endeavour to promote international peace

and security, maintain good relations with other nations, and respect international law. Under

both these articles, it is a mandate that the Legislature removes this exception.

3. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) did not

criminalise marital rape but recognised it as a form of domestic violence, providing a first step

towards criminalisation. The marital rape exception is antithetical to the Right to Life and

Personal Liberty under article 21 of the Indian Constitution which states that 'No person

shall be deprived of his life and personal liberty except according to the procedure established

by law'. Through the course of time, the Supreme Court has expanded the Right to Life

beyond a mere literal protection of life and liberty. It includes a dignified life, safe living

conditions, a woman's right to her reproductive choices, and privacy. Thus, there is a need to

remove the exception of marital rape from the offence of rape.

The Bill seeks to achieve the above objectives.

DEREK O' BRIEN.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

A Bill further to amend the Right of Children to Free and Compulsory Education

Act, 2009.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:––

1. (1) This Act may be called the Right of Children to Free and Compulsory Education

(Amendment) Act, 2022.

(2) It shall come into force at once.

2. In section 2 of the Right of Children to Free and Compulsory Education Act, 2009,

(hereinafter referred to as the Principal Act), after clause (g), the following clause shall be

inserted, namely:—

"(gg) 'learning outcomes' means assessment standards indicating the expected

level of learning that children should achieve for each class."

Short title and

commencement.

35 of 2009.

BILL NO. LXXXI OF 2022

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Right of Children to Free and Compulsory Education Act, 2009 was enacted with

the good intention of providing free and compulsory education to the children of India.

However, it suffers from a flaw that undermine its purpose. The exemption of schools

established, owned or controlled by the appropriate Government or the local authority from

the recognition criteria under section 18 of the Act, leaves many schools out of the

requirements necessary for quality education. There is a need for amendment in the Act to

ensure quality education in all the schools.

2. Secondly, in evaluating the performance of schools, apart from the "inputs" the

addition of evaluation of learning outcomes can be a tool for significantly improving the

quality of learning. The principal Act is completely silent on learning outcomes. The current

Bill provides for the right to quality education while ensuring quality learning outcomes.

Hence, this Bill.

DEREK O' BRIEN.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

A Bill further to amend the Mahatma Gandhi National Rural Employment Guarantee

Act, 2005.

BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Mahatma Gandhi National Rural Employment

Guarantee (Amendment) Act, 2022.

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

in the Official Gazette, appoint.

2. In the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (hereinafter

referred to as the 'principal Act'), in the long title,—

(a) for the words "one hundred days", the words "two hundred days each" shall

be substituted.

(b) for the words "every household", the words "at least two adult members of

every household", shall be substituted.

Short title and

commencement.

Amendment

long title.

XVI

BILL NO. LXXIII OF 2022

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

3. In section 3 of the principal Act, for sub-section (1) the following sub-section shall

be substituted, namely:—

"(1) Save as otherwise provided, the State Government shall, in such rural area

in the State as may be notified by the Central Government, provide to at least two adult

members of every household, where there is more than one adult member and whose

adult members volunteer to do unskilled manual work, not less than two hundred days

each of such work in a financial year in accordance with the Scheme made under this

Act:

Provided that in the event of a household having only one adult member, the

above provision shall be construed accordingly."

4. In section 4 of the principal Act, in sub-section (1),—

(a) for the words "one hundred days", the words "two hundred days each" shall

be substituted.

(b) for the words "every household", the words "at least two adult members of

every household" shall be substituted.

5. In section 6 of the principal Act, for sub-section (1), the following sub-section shall

be substituted namely:—

"(1) Notwithstanding anything contained in the Code on Wages, 2019, the Central

Government may, by notification, specify the wage rate for the purposes of this Act:

Provided that different rates of wages may be specified for different areas based

on the All-India Consumer Price Index from time to time:

Provided further that the wage rate specified from time to time under any such

notification shall not be at a rate less than six hundred rupees per day."

6. In section 7 of the principal Act, in sub-section (3),—

(1) for clause (c), the following clause shall be substituted namely:—

in total at least four hundred days of work altogether within the financial year, or

in total at least two hundred days of work in the event of the household having

only one adult member, as the case may be; or"

(2) for clause (d), following clause shall be substituted, namely:—

"(d) the household of the applicant has earned as much from the wages

and unemployment allowance taken together which is equal to the wages for

four hundred days of work during the financial years, or for two hundred days of

work during the financial year in the event of the household having only one

adult member, as the case may be."

7. In section 22 of the principal Act,—

(1) in sub-section (1), for clause (b) the following clause shall be substituted,

namely:—.

"(b) the material cost of the Scheme including payment of wages to skilled

and semi-skilled workers;"

(2) in sub-section (2), clause (b) shall be omitted.

8. In section 25 of the Principal Act, for the words "one thousand rupees", the words

"twenty five thousand rupees" shall be substituted.

Amendment

of section 3.

Amendment

of section 4.

Amendment

of section 6.

Amendment

of section 7.

29 of 2019

Amendment

of section 22.

Amendment

of section 25.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

India is the land of villages as rightly said by Mahatma Gandhi, " I would say that if the

village perishes India will perish too. India will be no more India." The notion of rural

development has come to be construed as the process of improving the quality of life and

economic well being of people living in rural areas especially the areas that are relatively

isolated and entail sparse population. India lives in its villages, and the development of

villages will be critical if we want to close the gap between the 'haves and have nots' for

better human development.

2. The Constitution (Seventy-third Amendment) Act, 1992 has added a new part IX to

the Constitution, consisting of 16 Articles and the Eleventh Schedule, which paves the way

for the Panchyat Raj System in the Country. Empowerment of the Panchayat Raj Institution

(PRIs) has led to the strengthening of the nation. PRIs are the primary instruments for

empowerment of people at the grass root level for shaping their own destiny. A vast majority

of people are still living in the rural and remote areas without any touch of modern day.

Panchayati Raj is the bedrock of democratic decentralisation in India. It has heralded an age

of representation, participation, transparency and accountability — and the Mahatma Gandhi

National Rural Employment Guarantee Act, 2005 (MGNREGA) is one of the beacons through

which these are being realised.

3. The MGNREGA was promulgated by the Government to provide for the enhancement

of livelihood security of the households in rural areas of the country by providing at least

one hundred days of guaranteed wage employment in every financial year to every household

whose adult members volunteer to do unskilled manual work and for matters connected

therewith or incidental thereto.

4. The 20th Report of the Standing Committee on Rural Development and Panchayati

Raj (2021-22) states that MGNREGA is powerful instrument for ensuring inclusive growth in

rural India through its impact on social protection, livelihood security and democratic

empowerment. Under MGNREGS, the Gram Panchayat is responsible for producing all relevant

documents such as muster rolls, bills, vouchers etc. for the Gram Sabha to conduct periodic

social audits of work done under the scheme. As on November 12, 2021, a total of 27 States

had established Social Audit Units (SAU).

5. MGNREGA is a demand driven wage employment programme and resource transfer

from Centre to States is based on the demand for employment in each State. It provides a

legal guarantee for wage employment by providing allowances and compensation both in

cases of failure to provide work on demand and delays in payment of wages for the work

undertaken. Plans and decisions regarding the nature and choice of works to be undertaken,

the order in which each worksite is to be selected, etc., are all to be made in open assemblies

of the Gram Sabha and ratified by the Gram Panchayat. Social audit creates accountability of

performance, especially towards immediate stakeholders. Thus, MGNREGA also marks a

break from the relief programmes of the past towards an integrated natural resource

management and livelihoods generation perspective.

6. However, the socio-economic scenario prevailing in the country at the time of

promulgation of MGNREGA has undergone a sea change over the last two decades, Recently,

the International Monetary Fund (IMF) announced that India had surged past the United

Kingdom to become the fifth largest economy in the world, thanks to its sheer population

size. But it is the Per Capita income which determines the average per-person income and to

evaluate the standard of living and quality of life of the population. The per capita net

national income (NNI) of India at current prices during 2020-21 is estimated to have been

dwindled to Rs. 1,28,829/- as compared to Rs. 1,34,186/- for the year 2019-20. The per capita

income in real terms (at 2011-12 prices) during 2020-21 is estimated at Rs. 86,659/- as compared

to Rs. 94,566/- during 2019-20.

7. According to the IMF World Economic Outlook (October - 2021), GDP (nominal)

per capita of India in 2021 is projected at $ 2,116 at current prices. India is at 150th position

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

out of 195 economies in terms of GDP per capita (nominal). So the average income of Indians

continues to remain very low.

8. Similarly as per the World Inequality Report 2022, there is a worrying divergence in

the country in the distribution of wealth between rich and poor. India is now among the most

unequal countries in the world with spectacular increase in inequality. While the top 10%

and top 1% hold respectively 57% and 22% of total national income, the bottom 50% share

has gone down to 13%. India stands out as a very unequal country, with an affluent elite. The

richest are getting richer at a much faster pace while the poor are still struggling to earn a

minimum wage and the latter's access to quality education and healthcare services continue

to suffer from chronic under-investment.

9. Though, India is slated to regain its economic growth rate after the pandemic, the

recovery from the pandemic lows has been anything but balanced. One possible indication

of the scale of the distress comes from data on households/individuals who have worked

under MGNREGA. In 2019-20, the year prior to the pandemic, 7.88 crore individuals worked

under the scheme. In 2020-21, the first year of the pandemic, this number rose to 11.19 crore.

Though, it descended to 10.36 crore in the subsequent year, the number of individuals

working under the scheme remained considerably higher than in the pre-pandemic period.

This growing reliance on MGNREGA likely indicates that other more remunerative employment

opportunities remain limited. Another pointer to the economic distress at the lower end of the

income distribution scale comes from the National Crime Records Bureau report — there has

been a rise in suicides by daily wage earners and in 2021, daily wage earners accounted for

a fourth of suicides in the country. Other Indicators also point to subdued household

purchasing power. We shall remain wary of the highly uneven nature of the recovery and

take measures to address the distress of the most vulnerable.

10. In these circumstances, it is the need of the hour to strengthen the MGNREGS by

amending the MGNREGA so as to expand the ambit of the Act by increasing the days of

guaranteed wage employment and by providing employment to at least two adult members

of every household. The current days of guaranteed work, that too only for one adult

member of a household, is not sufficient to provide reasonable income for leading a dignified

life for a family of four or more members. It is equally imperative to enhance the penalty on

contravention of the provisions of the Act so as to ensure due compliance of the Act.

11. Likewise, section 22 of the Principal Act explaining the Funding Pattern stipulates

that a portion of the material cost of the Scheme, including a portion of payment of wages to

skilled and semi-skilled workers, has to be borne by the respective State Governments.

However, considering the present precarious financial position of most the States, it will be

a cumbersome task. There is a structural vertical imbalance which necessitates orderly transfer

of resources from the Union to the States. At an aggregate level in 2018-19, the States could

generate their own resources to meet only 44.8 per cent of their total expenditure. This means

that the remaining 55.2 per cent needed financing through vertical resource transfers and/or

by contracting debt. In these circumstances, the aforementioned condition of payment by

States of a portion of material cost, needs to be modified suitably so as to make the Central

Government responsible to pay the whole of the material cost of the Scheme including

payment of wages to skilled and semi-skilled workers.

The Bill seeks to achieve the aforesaid objectives.

DR. JOHN BRITTAS.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

A Bill further to amend the Motor Vehicles Act, 1988.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1.1.1.1.1. (1) This Act may be called the Motor Vehicles (Amendment) Act, 2022.

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

in the Official Gazette, appoint.

2. In the Motor Vehicles Act, 1988 (hereinafter referred to as the principal Act), in

section 147,—

(1) in sub-section (1), in clause (b), for sub-clause (ii) and Explanation thereto,

the following shall be substituted, namely:—

Short title and

commencement.

Amendment

of section

147.

59 of 1988.

XVII

BILL NO. LXX OF 2022

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

"(ii) against the death of or bodily injury to any passenger of a motor

vehicle including, but not limited to, gratuitous passengers and pillion riders,

except gratuitous passengers of a goods vehicle, caused by or arising out of the

use of the motor vehicle."

(2) in sub-section (3), after the words "any other prescribed matters," the

words ", save as otherwise provided by or under this Act," shall be inserted.

3. In section 150 of the principal Act,—

(1) in sub-section (2), in clause (a), for sub-clause (ii), the following sub-clause

shall be substituted, namely:—

"(ii) a condition excluding driving, with the connivance of or knowledge

of the owner, by a named person or by any person who is not duly licensed or by

any person who has been disqualified for holding or obtaining a driving licence

during the period of disqualification; or"

(2) after sub-section (4), the following proviso shall be inserted, namely:—

"Provided that on occurrence of any of the eventualities set forth in clause

(a) of sub-section (2), the insurer shall pay the awarded compensation in the first

instance to third parties including gratuitous passengers and pillion riders, and

may thereafter recover the same from the insured persons."

(3) in sub-section (5), after the words "otherwise than in the manner provided

for in sub-section (2)", the words "subject to the proviso to sub-section (4)," shall be

inserted.

4. In section 157 of the principal Act, for sub-section (2), the following sub-section

shall be substituted, namely:—

"(2) The transferee may apply in the prescribed form to the insurer for making

necessary changes in regard to the fact of transfer in the certificate of insurance and

the policy described in the certificate in his favour, and the insurer shall make the

necessary changes in the certificate and the policy of insurance in regard to the

transfer of insurance:

Provided that nothing contained in this sub-clause, or failure in compliance

thereof, shall render the provisions of sub-section (1) invalid."

5. In sub-section (3) of section 166 of the principal Act,—

(1) in sub-section (3), for the words "six months", the words "three years" shall

be substituted.

(2) after sub-section (3), the following proviso shall be inserted, namely:—

"Provided that an application for compensation may be entertained after

the prescribed period, if the claimant satisfies the Claims Tribunal that he had

sufficient cause for not making an application within such period."

Amendment

of section

150.

Amendment

of section

157.

Amendment

of section

166.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Motor Vehicles Act, 1988 [Act No. 59 of 1988] contained certain timeframes under

sub-section (3) of section 166 for filing application for compensation in respect of accidents

before the Motor Accidents Claims Tribunals. However, those periods of limitation were

subsequently removed by omitting sub-section (3) of section 166, vide section 53 of the

Motor Vehicles (Amendment) Act, 1994. This expunging of timeframe might have been made

by taking into consideration of the hardships faced by the victims of the accidents in

complying the said time limit. Thenceforth, the victims of accidents have been at liberty to

file application for compensation before the Motor Accident Claims Tribunals without

reckoning the period between the date of accident and filing of application.

However, the Government promulgated the Motor Vehicles (Amendment) Act, 2019 on

09.08.2019, whereby a new sub-section (3) was inserted to section 166, by virtue of section

53 of the Amendment Act, viz.:—

"(3) No application for compensation shall be entertained unless it is made

within six months of the occurrence of the accident."

The Government notified the implementation of the above provision with effect from

01.04.2022. It is to be noted that the above amendment, in reality, shall be advantageous to

insurance companies as innumerable number of applications for compensation can be denied

merely on the grounds of the delay in filing applications. If a victim of an accident is bedridden

for more than six months, he may not be able to file an application for compensation within

the presently stipulated time period of six months. Though, the victim can, in such a

circumstance, authorize an agent for filing application by invoking clause (d) of sub-

section (1) of section 166 of the principal Act, the same would not always be feasible on

practical considerations since the person so injured has to 'duly authorize' the agent.

Similarly, a claimant needs several information like the registration details of the vehicle

involved in the accident, insurance details, driving licence details, etc. for filing an application

which may not always be effortless to collect. Prior to the latest amendments, the victims of

accidents generally inclined to rely on the charge sheet filed by the police authorities before

the courts, to get hold of the above mentioned details. It is true that a new section 159 has

been inserted in the principal Act by virtue of the Amendment Act No. 32 of 2019 thereby

making the police officers duty-bound, during the investigation, to prepare an accident

information report to facilitate the settlement of claim in such form and manner, within three

months and containing such particulars and submit the same to the Claims Tribunal and

such other agency as may be prescribed. Further, another newly inserted section 160 vide

the Amendment Act No. 32 of 2019 makes it imperative that the registering authorities and

officer-in-charge of police stations shall furnish to the claimants, on payment of the prescribed

fee, any information at the disposal of the said authority or the said police officer relating to

the identification marks and other particulars of the vehicle and the name and address of the

person who was using the vehicle at the time of the accident or was injured by it and the

property, if any, damaged. However, on a practical consideration, the investigation of police

authorities generally tends to exceed the prescribed time limits if we examine the history of

motor accident investigations. Several factors may lead to the delay in completion of

investigations. Besides the usual factors, the investigation may get delayed in cases of

requirement of availing the Forensic Science Laboratory (FSL) Reports in cases where there

arises a dispute as to who was driving the vehicle at the time of accident, ascertaining the

identity of vehicle involved in an accident in cases where the driver ran off with the vehicle,

etc. These extraneous reasons are beyond the control of investigation agencies, thereby

also rendering the provision contained in sub-section (4) of section 166 of the principal Act

toothless in many cases in so far as the time-frame is concerned. These aspects were not

seen duly envisaged while introducing the new timeframe.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

It is equally pertinent to note that the limitation period prescribed in the Limitation

Act, 1963 for filing even money suits, in most of the circumstances, is three years. All the

above aspects make it exigent that the victims of accidents are to be provided with reasonable

time period for filing application for compensation before Motor Accidents Claims Tribunals.

There should also be a provision for condoning the delay for the cases filed after the

prescribed period, it there are sufficient causes for the delay occasioned.

Likewise, in a catena of judgments the Supreme Court held on the basis of the existing

provisions of the Motor Vehicles Act, 1988, that 'Liability Only Policy' (Act Only Policy) by

itself, being a statutory policy, won't cover the risk of death of or bodily injury to gratuitous

passengers including pillion riders. Though the Supreme Court, in a few of such cases,

directed the insurer to pay the amount of compensation to the claimants in the first instance

and thereafter to recover it from the insured, the same is seen to be by invoking the inherent

powers of Supreme Court under article 142 of the Constitution of India. The term 'third party'

shall include all persons other than the insured, who is the first party, and the insurer, who is

the second party. All other persons, including gratuitous passengers and pillion riders, who

are neither the insured nor the insurer, shall be treated as 'third party' for the purpose of

insurance coverage in a Liability Only Policy. As such, it is imperative to amend the existing

Act, to cover gratuitous passengers including pillion riders also within the ambit of Liability

Only Policy so as to protect their interests in the case of an accident. It is equally significant

to omit the condition in sub-clause (ii) of clause (b) of sub-section (1) of section 147 of the

Act restricting the coverage of insurance to only those accidents occurred in a public place.

Sub-clause (ii) of clause (a) of sub-section (2) of section 150 of the existing Act empowers

the Insurer to raise the following ground as a defence for claiming impunity from payment of

compensation in case of an accident, viz:

"(ii) a condition excluding driving by a named person or by any person who is

not duly licenced or by any person who has been disqualified for holding or obtaining

a driving licence during the period of disqualification or driving under the influence

of alcohol or drugs as laid down in section 185;"

It is pertinent to note that one of the grounds, i.e. driving under the influence of

alcohol or drugs as laid down in section 185, was not there in the original Act and that the

same was subsequently incorporated vide the Motor Vehicles (Amendment) Act, 2019. The

real intention of Legislature while passing the original Act was to protect the interests of

third parties in an accident. Their insurance coverage shall not be absolved by the reason of

consumption of alcohol or drugs by the driver of the offending vehicle, against which the

latter can be prosecuted as per the penal provisions. It shall not preclude third parties from

claiming insurance coverage. As such, it is the need of the hour to omit the said defence from

the existing Act. Similarly, a condition shall also be inserted in sub-clause (ii) to protect the

interests of the owner who doesn't have any knowledge or connivance in permitting a

person to drive in violation of the stipulated conditions.

Furthermore, other defences provided in clause (a) of sub-section (2) of section 150

shall be restricted in such a way that the insurer shall, in such a circumstance, pay the

awarded compensation in the first instance to third parties including gratuitous passengers

and pillion riders and may thereafter recover the same from the insured. The Act shall perform

as a welfare legislation for the benefit of third parties by ensuring that they receive the fruits

of the awards obtained by them straightaway with an element of certainty and not to make

them wait for a prolonged recovery proceeding as against the owner of the vehicle.

Similarly, sub-section (2) of section 157 of the principal Act is apparently trying to limit

the protection granted under sub-section (1) thereof of deemed transfer of insurance in case

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(a) for clause (2), the following clause shall be substituted, namely:—

"(2) The Election Commission shall consist of the Chief Election Commissioner and

such number of other Election Commissioners, if any, as the President may from time to time

fix and the appointment of the Chief Election Commissioner and other Election Commis-

sioners shall, subject to the provisions of any law made regarding the conditions of their

service by Parliament, be made by the President by warrant under his hand and seal as per

the recommendations of a Committee consisting of:

(i) Chief Justice of India-Chairperson:

(ii) Speaker of Lok Sabha-Co-Chairperson; and

(iii) The leader of the largest Opposition Party in the House of the People-

Member:

Provided that upon demitting office by the incumbent Chief Election Commissioner,

the senior-most Election Commissioner, if any, shall be appointed as the Chief Election

Commissioner, unless the Committee for reasons to be recorded in writing, finds such

Election Commissioner to be unfit."

(b) in clause (5),—

(i) the words "the Election Commissioners and", shall be omitted.

(ii) for the first proviso, the following proviso shal be substituted,

namely:—

"Provided that the Chief Election Commissioner or the Election Commissioner shall

not be removed from his office except in like manner and on the like grounds as a Judge of

the Supreme Court and the conditions of service of the Chief Election Commissioner or the

Election Commissioner shall not be varied to his disadvantage after his appointment."

(iii) in the second proviso, the words "any other Election Commissioner

or", shall be omitted.

"(6) (1) The Election Commission shall have a separate independent and permanent

secretarial staff.

(2) The Election Commission may, by rules prescribed by it, regulate the recruitment,

and the conditions of service of persons appointed, to its permanent secretarial staff.

Provided that, without prejudice to the above, the President, or the Governor of a

State, shall, when so requested by the Election Commission, make available to the Election

Commission or to a Regional Commissioner such staff as may be necessary for the discharge

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

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Election Commission of India (hereinafter referred to as 'ECI') is an independent

constitutional body, which has been vested with the powers of superintendence, direction

and control of the preparation of electoral rolls for, and the conduct of, all elections to

Parliament and to the Legislature of every State and of elections to the offices of President

and Vice-President by virtue of article 324(1) of the Constitution. On 1st October 1993, the

President of India, in exercise of powers conferred by clause 2 of article 324 of the Constitution,

fixed, until further orders, the number of Election Commissioners (other than the Chief Election

Commissioner) at two.

2. The power to appoint the Chief Election Commissioner (CEC) and the Election

Commissioners lies with the President as Per article 324(2) of the Constitution. Consequently,

owing to the absence of any Parliamentary law governing the method of appointment, the

Election Commissioners are appointed by the Government of the day, without pursuing any

consultation process. Given the importance of maintaining the neutrality of the Election

Commission and to shield the CEC and other Election Commissioners from executive or

political interference, it is imperative that the appointment of Election Commissioners shall

be through a consultative process.

3. Although the issue of appointments was discussed in the Constituent Assembly

and suggestion was floated to make the appointments to Election Commission subject to

confirmation by a two-thirds majority in a joint session of both Houses of the Parliament, it

was rejected. However, the Constituent Assembly took note that maintaining the neutrality

and independence of Election Commission is sine qua non as can be discerned from Dr. B. R.

Ambedkar's speech in the meeting of the Constituent Assembly of India held on 15.06.1949,

wherein he expressed the opinion, "Therefore, so far as the fundamental question is concerned

that the election machinery should be outside the control of the executive Government, there

has been no dispute."

4. The Dinesh Goswami Committee Report on Electoral Reforms in 1990 recommended

a change to the extant appointment process, suggesting that the CEC should be appointed

by the President in consultation with the Chief Justice of India and the Leader of the Opposition

in the Lok Sabha and that the CEC should be additionally consulted on the question of

appointment of the other Election Commissioners and that the entire consultation process

should have statutory backing. This was followed by the introduction of the Constitution

(Seventieth Amendment) Bill 1990 in the Rajya Sabha on 30th May 1990 providing that the

CEC would be appointed by the President after consultation with the Chairman of the Rajya

Sabha, the Speaker of the Lok Sabha, and the Leader of the Opposition (or the leader of the

largest party) in the Lok Sabha. The CEC was also proposed as party to the consultative

process in the appointment of other Election Commissioners. However, on 13th June 1994,

the Government withdrew the said Bill.

5. Though, the Parliament enacted the Election Commission (Conditions of Service of

Election Commissioners and Transaction of Business) Act in 1991 in exercise of the powers

conferred by clause 2 of article 324 of the Constitution, the same doesn't prescribe for the

appointment procedure of CEC or Election Commissioners, thereby warranting the amendment

of article 324(2) itself so as to provide an ironclad procedure for recruitment to the Election

Commission. The Socio-political scenario prevailing in the country has undergone a sea

change over the last three decades. It is imperative that the appointment of all Election

Commissioners, including CEC, should be made by the President as per the recommendations

of a three-member Selection Committee, consisting of the Chief Justice of India, Speaker of

the Lok Sabha and the Leader of the largest Opposition Party in the House of the People

Furthermore, the senior-most Election Commissioner shall be appointed as the CEC upon

demitting office by the incumbent CEC, unless the three member committee, for reasons to be

recorded in writing, finds such Commissioner unfit.

6. Likewise, article 324(5) of the Constitution is intended to ensure the independence

of the ECI and freee it from external, political interference and thus expressly provides that

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

the removal of the CEC from office shall be on like manner and on the like grounds as a Judge

of the Supreme Court. But a similar impeachment procedure is not prescribed for other

Election Commissioners under Article 324(5), and they are treated on par with the Regional

Commissioners and can be removed from office on CEC's recommendation.

7. The ECI in its 2004 Report categorically opined that the current wording of article

324(5) was "inadequate" and required an amendment to bring the removal procedures of

Election Commissioners on par with the CEC, so as to provide them with the same protection

and safeguards as the CEC. Equating the removal procedures of the two Election

Commissioners with that of the CEC is also in line with the legislative intent of the Parliment.

In the Election Commission (Conditions of Service of Election Commissioners and Transaction

of Business) Act, 1991, the retirement age of the CEC was fixed at 65 years, with a salary and

other perquisites equal to that of a Supreme Court judge; whereas that of other Election

Commissioners were initially fixed at 62 years with benefits equivalent to a High Court judge.

However, in 1993, the above Act was amended and the CEC and other Election Commissioners

were placed on par on matters of retirement age, salaries and other benefits. Section 10 of the

Act also provided for all three members to have an equal say in the decision making process,

with any difference in opinion being resolved "according to the opinion of the majority".

Besides, the Supreme Court, in T.N. Seshan, Chief Election Commissioner vs Union of India

& Ors, held that the CEC was not superior to the Election Commissioners. CEC functions as

a first amongst equals. As such it is necessary to extend the protection of service available

to CEC, in the matter of removability from office, to other Election Commissioners as well.

8. Furthermore, the ECI at present has a separate secretariat of its own, with the service

conditions of its officers and staff being regulated by the rules made by the President under

article 309 of the Constitution. Officers at the higher level, such as the level of deputy

election commissioner are normally appointed on a tenure basis on deputation from the

national civil services. Lower level officers are permanent officers in the ECI's secretariat,

from its own ranks. To strengthen the independence of the secretariat, consonant with the

intention of the framers of the Constitution, the Goswami Committee recommended that the

ECI should have an independent secretariat, along the lines of article 98(2) of the Constitution

relating to Rajya Sabha Secretariat and Lok Sabha Secretariat. This recommendation was

also duly consdered in the ill-fated Constitution (Seventieth Amendment) Bill, 1990 which

was subsequently withdrawn (supra). If the Secretariat of ECI is insulated from Executive

interference on the issues of appointments, promotions etc., along the lines of the Secretariats

of the Lok Sabha, Rajya Sabha, Registries of the Supreme Court and High Courts, etc., it will

further strengthen the independence of ECI. It is of paramount importance to ensure that the

ECI, entrusted with the task of condcting elections throughout the country, be fully insulated

from political pressure or Executive interference to maintain the purity of elections. In these

circumstances, it is vital to amend article 324 to have a permanent independent secretariat for

the ECI.

9. Likewise, the Law Commission of India, in one of its Reports on Electoral Reforms

recommended modifications of the extant Election Commission system in line with the above

mentioned aspects, though not in its entirety.

10. In the light of the above, it can be found that there is a pressing priority to amend

article 324 of the Constitution of India to achieve the aforementioned goals.

The Bill seeks to achieve the said objectives.

DR. JOHN BRITTAS.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Tulu is a Dravidian language which is spoken by a large number of people living in the

two southern coastal districts of Karnataka and Kasaragod district of Kerala. As per the

latest census, there are 18,46,427 native speakers of the Tulu language. Tulu is a rich language

with a great cultural tradition that dates back to the fourteenth and fifteenth centuries. Many

Linguists including S.U. Panniyadi, L.V. Ramaswami Iyer and P.S. Subrahmanya stated that

Tulu is one of the oldest Languages in the Dravidian family which split autonomously from

its Proto-Dravidian roots nearly 2,000 years ago. The famous linguist Robert Caldwell also

conducted a detailed study of the Tulu language, and called it one of the most developed

Dravidian languages. Even though the Tulu language and called it one of the most developed

Dravidian languages. Even though the Tulu language has been generating much enthusiasm

amongs linguists, Tulu is the only 'developed language' that has not yet received official

recognition. The language is now struggling to preserve its separate identity and rich cultural

heritage. The inclusion of Tulu into the Eighth Schedule to the Indian Constitution shall

certainly enhance the status of the language and shall place it on equal footing with other

official languages.

The demand to include Tulu in the Eighth Schedule to the Constitution has a long

history of peaceful campaigns and deliberations. Yet, the demand is continuously neglected,

while other languages with a smaller number of speakers are already included in the Eighth

Schedule. Hence, the demand for the recognition of Tulu as an official language reflects the

genuine concern of the native people, their cry for denial of justice and their struggle for

equality. Apart from that, article 29 of the Constitution deals with the "Protection of interests

of minorities" and clause (1) states that "Any section of the Citizens residing in the territory

of India or any part thereof having a distinct language, script or culture of its own shall

have the right to conserve the same." Therefore, the official recognition of the Tulu language

would be in the spirit of article 29 of the Constitution. In order to protect, preserve and

uphold the rich linguistic culture and tradition of the Tulu-speaking people, it is critically

important to recognise the Tulu language as an official language of the country and

incorporate the same into the Eighth Schedule to the Constitution of India.

Hence, this Bill.

SANDOSH KUMAR P.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Short title and

commencement.

A Bill to provide for the establishment of a National Commission for Controlling Medical

Inflation in order to monitor, regulate and standardise the rising costs of medicines,

medical diagnostic tests and pathological examinations, and for matters connected

therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the National Commission for Controlling Medical Inflation

Act, 2022.

(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;

Definitions.

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[PART II—

(b) “Commission” means the National Commission for Controlling the Medical

Inflation established under section 3; and

group of persons or by a private or corporate hospital where pathological tests or

investigations are conducted on the advice of a bonafide medical practitioner;

(d) “diagnostic tests” means a variety of physical examinations both invasive

and non-invasive, given by medical professionals to confirm the presence or absence

of illness or disease in patients, which may include, but not limited to,—

(i) all such pathological tests that are prescribed by qualified doctors

whether in a private clinic or a private and/or corporate hospital; and

(ii) all such scanning or imaging services, namely, x-ray, ultrasound, MRI,

or CT scan, whether done in a private clinic or a private or corporate hospital;

(e) ‘‘medical expenditure” means expenses related to necessary medical, surgical,

x-ray or dental services, including prosthetic devices, and necessary ambulance,

hospital, professional, nursing and funeral services;

(f) ‘‘medical inflation” means an increase in the average medical expenditure per

person from year to year;

(g) “medical practitioner” means a person who holds a valid registration or

licence from the Medical Council of any State or Medical Council of India or Council

for Indian Medicine or for Homeopathy set up by the Government of India or a State

Government and is thereby entitled to practice medicine within its jurisdiction, and is

acting within the scope and jurisdiction of the registration or license; and

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

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

establish a Commission to be known as the National Commission for Controlling

Medical Inflation in the country in order to monitor, regulate and control the rising

costs of medicines, medical diagnostic tests and pathological examinations.

(2) The Commission shall consist of —

(a) Chairperson;

(b) Deputy Chairperson; and

and seal from amongst the persons having special knowledge and vast experience in

the field of public health, healthcare management, hospital and diagnostic tests

industry.

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

experts to the Commission as may be required for its efficient functioning.

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

of the Chairperson, Deputy Chairperson, members, officers, staff and experts of the

Commission shall be such as may be prescribed.

(5) The Commission shall have the power to regulate its own procedure.

4. The Commission shall perform functions which shall include but not be limited to,

the following:—

(a) to monitor the rising medical expenses and out-of-pocket expenses regularly,

and take necessary steps to control the medical inflation in the country;

(b) to standardise the prices of essential medicines, medical diagnostic tests,

pathological tests and all other relevant medical and allied services across the country

in order to reduce out-of-pocket expenses;

Establishment

of a National

Commission

for

Controlling

Medical

Inflation.

Functions of

the

Commission.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

procedure, test and service from time to time in consultation with the appropriate

Governments;

(d) to draft a national policy for the standardisation of medical expenses and

design an appropriate quality assurance framework for both public and private service

providers;

(e) to prepare a standard template for determining the cost of procedures

including medical diagnostic tests and pathological tests;

(f) to conduct detailed costing exercise for hospitals across the country in order

to determine average costing modalities and cost inputs under various components

so as to streamline reimbursements as well as the pricing of healthcare services;

(g) to ensure the rational prescription of drugs by each medical practitioner

with their generic names written legibly in capital letters; and

(h) to submit reports to the President regarding the activities undertaken by it

while performing the functions referred to in clauses (a) to (f) and containing its

recommendations, on annual basis or at such intervals as may be prescribed.

5. (1) The President shall cause to be laid before each House of Parliament, all the

reports submitted to him under clause (g) of section 4 along with a memorandum explaining

the reasons for not accepting any of the recommendations made thereon.

(2) Where the report or any of its part is related to any of the issues connected with

the State Government, a copy of such report shall be forwarded to the Governor of that

State, who shall in turn, along with an explanatory memorandum concerned with the action

taken or proposed to be taken on the recommendations related to the State, if any, and

reasons for not accepting any of the recommendations, cause to be laid such report before

the State legislature.

6. The Commission shall, for the purposes of discharging its functions under this

Act, have all the powers as are vested in a civil court under the Code of Civil

Procedure, 1908 while trying a suit and, in particular in respect of the following matters,

namely:—

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

India and examining him on oath;

(b) requiring the discovery and production of any document;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses and documents; and

(f) any other matter which may be prescribed.

7. The appropriate Government shall consult the Commission on all policies related

to the control and monitoring of medical inflation.

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

on this behalf, provide adequate funds to the Commission for carrying out the purposes of

this Act.

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

Government may make such order or give such direction, not inconsistent with the provisions

of this Act, as may appear to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of the period of

two years from the date of commencement of this Act.

Report to be

laid before

each Houses

of the

Parliament

and State

Legislatures.

Commission

to have

powers of

Civil Court.

Appropriate

Government

to consult the

Commission.

Central

Government

to provide

adequate

funds to the

Commission.

Power to

remove

difficulties.

5 of 1908

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[PART II—

10. 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.

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

rules for carrying out the purposes of this Act.

(2) Every rule 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 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

an overriding

effect.

Power to

make rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

101

STATEMENT OF OBJECTS AND REASONS

In India, the Directive Principles of State Policy mandate the State to ensure the

health and well-being of the workers, children and general public. Apart from that, the

judicial review process has put the right to health under the purview of article 21 of the

Constitution of India. Yet, affordable health care is a distant dream for a large number of

people in the country. Every year, healthcare expenses are increasing at a very fast rate and

even the middle class cannot afford hospitalisation.

2. In the year 2021, India witnessed the highest medical inflation rate of 14 per cent

among Asian countries. As per the official data of the Ministry of Statistics and Programme

Implementation, the cost of medical treatment in India went up by 7.21 per cent in April 2022.

There is an accelerating rate of increase in the price of medicines, pathological diagnosis,

hospitalisation and everything related to healthcare. This trend is more evident after the

pandemic. A record 55 million Indians were pushed into poverty because of the high

out-of-pocket (OOP) health expenses. This is more than the population of three countries—

South Korea, Spain and Kenya. As of now, the out-of-pocket expenditure of an individual

for healthcare is 63 per cent in India. This means that whether an individual has private

health insurance or visits a Government healthcare facility for treatment, they will have to

spend a significant amount from their pocket for getting treated in the country.

3. One of the most critical reasons for the high medical inflation is the exorbitant rate

of medicines, diagnostic tests, pathological examination and cost of other allied services.

The recent Economic Surveys also state that, there are wide differences in the average

prices of medical diagnostic tests across cities. The available data reflects that a Lipid

Profile Test can cost a minimum of Rs. 90 and a maximum of Rs. 7,110 in various States.

Similarly, the cost of a 2D Echo Test varies from Rs. 500 to Rs. 5200, and Liver Function Test

costs range between Rs.100 to Rs. 2500.

4. Diagnosis tests provide vital information to make informed decisions about

treatment methods. Hence, limited affordability and less access to quality diagnostic and

medical services are among the major challenges contributing to delayed or inappropriate

responses to disease control and patient management. The recent findings of the Household

Health Expenditure survey in India indicate that about 10 per cent of Out -of- pocket expenses

are spent on diagnostic tests. Still, there is hardly any effective mechanism to monitor,

control, regulate and standardise the price of these tests and essential drugs. Most hospitals

follow market-based pricing for tests and allied services.

5. Therefore, there is an urgent need to regulate, monitor and standardise the price

set by corporate hospitals, the differential pricing of drugs, and the functioning of

pharmaceutical companies and diagnostic laboratories. The proposed Bill seeks to attain

the objectives mentioned above through the establishment of the National Commission for

Controlling Medical Inflation in the country.

Hence, the Bill.

SANDOSH KUMAR P.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

105

3. For articles 124A, 124B and 124C of the Constitution, the following articles shall be

substituted, namely:—

"124A. (1) There shall be a Commission to be known as the National Judicial

Commission consisting of the following, namely:—

(a) the Chief Justice of India, Chairperson, ex officio;

(b) two other senior Judges of the Supreme Court next in seniority to the

Chief Justice of India—Member, ex officio;

(d) two eminent persons nominated by the full court of the Supreme Court

from a panel to be submitted by a Committee consisting of the Prime Minister,

the Chief Justice of India and the Leader of Opposition in the House of the

People or where there is no such Leader of Opposition, then, the Leader of single

largest Opposition Party in the House of the People and a nominee of the Bar

Council of India—Member:

Provided that one of the eminent persons shall be jurist and the other shall

be a person with specialized expert knowledge in any of the branches of social

science, political science, economies etc. nominated from amongst the persons

belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward

Classes or Minorities:

Provided further that one of the eminent persons shall be a woman:

Provided further that an eminent person shall be nominated for a period of

three years and shall not be eligible for renomination.

(2) A Member nominated under clause (d) of sub-section (1),—

(a) may by writing under this hand addressed to teh President, resign his office;

(b) shall not be removed from office except on the unanimous recommendation

of the Chairperson and all the other Members of the Commission;

after the completion of his term; and

(d) shall entitled to such privileges, salaries and allowances equivalent to a

Judge of the Supreme Court of India.

(3) No act or proceedings of the National Judicial Commission shall be questioned or

be invalidated merely on the ground of the existence of any vacancy or defect in the constitution

of the Commission.

(4) The office of the National Judicial Commission shall be at New Delhi.

"124B. It shall be the duty of the National Judicial Commission to—

(a) recommend persons for appointment as Chief Justice of India, Judges

of the Supreme Court, Chief Justice of High Courts and other Judges of High

Courts:

Provided that the Commission, before making recommendations for

appointment of a Chief Justice of High Court or a Judge of the High Court, shall

elicit in writing the views of the Governor and the Advocate General or the Chief

Minister of the State concerned in such manner as may be prescribed by the

Commission;

(b) recommend transfer of Chief Justices and other Judges of High Courts

from one High Court to any other High Court;

Substitution

of articles

124A, 124B

and 124C.

National

Judicial

Commission

Functions of

the National

Judicial

Commission.

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[PART II—

(d) to inquire for misbehaviour or incapacity of Chief Justice of India,

Judges of the Supreme Court of India, Chief Justices of a High Courts and other

Judges of High Courts and to regulate the procedure for such inquiry, under

clause (4) of article 124.

124C. (1) Parliament may, by law, regulate the procedure for the appointment of

Chief Justice of India and other Judges of the Supreme Court and Chief Justice and

other Judges of High Courts and transfer of the Chief Justices and other Judges of the

High Courts from one High Court to any other High Court.

(2) The National Judicial Commission to specify by regulations, the procedure

for the discharge of its functions and duties, exercise of its powers and it such other

procedure, conditions and criteria of suitability for selection and appointment of Judges

of the Supreme Court, Chief Justices of High Courts and other Judges of a High Courts

and transfer of the Chief Justices and other Judges of the High Courts from one High

Court to any other High Court as it may consider necessary.

124.D (1) The National Judicial Commission shall have a permanent secretariat

and such investigation committees, secretaries, officers and employees as may be

deemed necessary by the Commission and specified by regulation and Commission

shall constitute such investigation committees and appoint such number of oficers

and employees for the discharge of functions of the Commission.

(2) The terms and other conditions of service of officers and employees of the

National Judicial Commission appointed under sub-section (1) shall be such as may be

specified by regulations.

124E. The administrative expenses of National Judicial Commission including all

salaries, allowances and pensions payable to or in respect of officers and employees

of the Commission shall be charged upon the Consolidated Fund of India.".

4. In Article 127 of the Constitution, in clause (1), for the words ''the National Judicial

Appointments Commission'', the words ''the National Judicial Commission'', shall be

substituted.

5. In article 128 of the Constitution, for the words ''the National Judicial Appointments

Commission'', the words ''the National Judicial Commission'' shall be substituted.

6. In article 217 of the Constitution, in clause (1), for the words, ''on the recommendation

of the National Judicial Appointment Commision'', the words, ''on the recommendation of the

National Judicial Commission'' shall be substituted.

7. In article 222 of the Constituion, in clause (1), for the words, ''on the recommendation

of the National Judical Appointments Commission'', the words, ''on the recommendation of

the National Judicial Commission'' shall be substituted.

8. In article 224 of the Constituion,—

(a) in clause (1), for the words, ''in consulation with the National Judicial

Appointments Commission'', the words ''in consulation with the National Judicial

Commission'', shall be substituted; and

(b) in clause (2), for the words ''in consulation with the National Judicial

Appointment Commision'', the words ''in consulation with the National Judicial

Commission'', shall be substituted.

9. In article 224A of the Consitution, for the words ''the National Judicial Appointment

Commission', the words ''the National Judicial Commission shall be substituted.

Power of

Parliament to

make law.

Secretariat of

the National

Judicial

Commission.

Administrative

expenses of

the National

Judicial

Commission.

Amendment

of article

127.

Amendment

of article

128.

Amendment

of article

217.

Amendment

of article

222.

Amendment

of article

224.

Amendment

of article

224A.

SEC. 2]

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107

STATEMENT OF OBJECTS AND REASONS

1. The Judges of the Supreme Court are appointment under clause (2) of article 124 and

the Judges of the High Courts are appointed under clause (1) of article 217 of the Constitution,

by the President. The Ad-hoc Judges and retired Judges for the Supreme Court are appointment

under clause (1) of article 127 and article 128 of the Constitutuion respectively. The

appointment of Additional Judges and Acting Judges for the High Court is made under

article224 and the appointment of retired Judges for sittings of the High Courts is made under

article 224A for the Constitution. The transfer of Judges from one Courts is made under

article 224A of the Constitution. The tranfer of Judges from one High Court to another High

Court is made by the President after consultation with the Chief Justice of India under clause

(1) of article 222 of the Constitution.

2. The Supreme Court in the matter of the Supreme Court Advocates-on-Record

Association Vs. Union of India in the year 1993, and in its Advisory Opinion in the year 1998

in the Third Judges case, had interpreted clause (2) of article 124 and clause (1) of article 217

of the Consitution with respect to the meaning of ''consulation'' as ''concurrence''.

Consequently, a Memorandum of Procedure for appointment of Judges to the Supreme

Court and High Courts was formulated, and is being followed for appointment.

3. Independence of judiciary is a basic feature and part of basic structure of the

Consitution of India, as declared by the Hon'ble Supreme Court. Transparency and

accountability in the matter of appointment of the Judges of the High Courts and Supreme

Court is very much linked to this concept. It is widely accepted that the prevailing collegium

system needs to be revisited in this regard. The Constitution (Ninety-nineth Amendment)

Act, 2014 which proposed to establish a Ntional Judicial Appointment Commission was held

to be unconstitutional by the Hon'ble Supreme Court of India in the judgement in Supreme

Court Advocates-on-Record Advocates Association Vs. Union of India (2016) 5 SCC 1.

4. After review of the relevant constitutional provisions, the pronouncements of the

Supreme Court and consultations with eminent Jurists, it is felt that a new broad based

National Judicial Commission should be established for making recommendations for

appointment of Judges of the Supreme Court and High Courts. The said Commission would

provide a meaningful role for the judiciary and all the important stakeholders to present their

view points and make the participants accountable, while also introducing transparency in

the selction process. The role of the executive in the whole process would be drastically

curbed and curtailed. The Commission shall have independence and autonomy under the

Constituiton and shall have comprehensive powers for selection of Judges to the High

Courts and Supreme Court and transfer of Judges of the High Courts.

5. The Bill proposes to amend the relevant provisions of the Constitution to set up a

National Judicial Commision with comprehensive powers in the light of judgement in Supreme

Court Advocates-on-Record Advocates Association Vs. Union of India. It seeks to substitute

the articles 124A, 124B and 124C of the Constitution inserted by the Constitution (Ninety-

ninth Amendment) Act, 2014 by new articles. It also seeks to bring about consequential

amendment in articles 127, 128, 217, 22, 224A and 231 of Constitution. The said Bill also

provides for the composition and the functions of the proposed National Judicial Commis-

sion with its own independent secretariat for its autonomous function. Further, it provides

that Parliament may, by law, regulate the procedure for appointment of Judges and empower

the National Judicial Commission to lay down procedure by regulation for the discharge of

its functions, manner of selection of persons for appointment and such other matters as may

be considered necessary.

6. The proposed Bill seeks to broad base the method of appointment of Judges in the

Supreme Court and High Courts, transfer of the judges of the high Courts and for independent

110

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[PART II—

A Bill to regulate the procedure to be followed by the National Judicial Commission

for recommending persons for appointment as the Chief Justice of India and other

Judges of the Supreme Court and Chief Justices and other Judges of High Courts

and for their transfers and to lay down judicial standards and provide for

accountability of Judges, and establish credible and expedient mechanism for

investigating into individual complaints for misbehaviour or incapacity of a judge

of the Supreme Court or of a High Court and to regulate the procedure for such

investigation; and for the presentation of an address by Parliament to the President

in relation to proceeding for removal of a Judge and for matters connected therewith

or incidental thereto.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:––

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the National Judicial Commission Act, 2022.

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

in the Official Gazette, appoint.

Short title and

commencement.

XXII

BILL NO. LXXXVI OF 2022

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

111

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

(a) "assets" includes immovable and movable property;

Explanation.—For the purposes of this clause,—

(i) "immovable property" includes the land and any building or other

structure attached to the land or permanently fastened to anything which is

attached to the land, and tenancies, lease holds or any other interest in immov-

able property;

(ii) "movable property" includes any other property which is not

immovable property as also corporeal and incorporeal property of every

description and household goods and personal effects of the value of each

item of more than fifty thousand rupees;

(b) "Chairman" means the Chairman of the Council of States;

(d) "Commission" means the National Judicial Commission referred to in article

124A of the Constitution;

(e) "competent authority" means in relation to,—

(i) the Judge of the High Court, the Chief Justice of that High Court;

(ii) the Chief Justice of the High Court, the Chief Justice of India;

(iii) the Judge of the Supreme Court, the Chief Justice of India;

(iv) the Chief Justice of India, the President of India;

(f) "High Court" means the High Court in respect of which recommendation for

appointment of a Judge is proposed to be made by the Commission;

(g) "incapacity" means physical or mental incapacity which is, or is likely to be,

of a permanent character;

(h) "investigation committee" means the investigation committee constituted

under section 26;

(i) "inquiry" means an inquiry for proof of misbehaviour or incapacity;

(j) "Judge" means a Judge of the Supreme Court or of a High Court and includes

the Chief Justice of India and the Chief Justice of a High Court;

(k) "judicial standards" means the values of judicial life specified in section 9,

and the Schedule;

(l) "liabilities" includes financial guarantees given and all loans raised from any

bank, financial institution or any other source;

(m) "Member" means a Member of the Commission and includes its Chairperson;

(n) "misbehaviour" means,—

(i) conduct which brings dishonour or disrepute to the judiciary; or

(ii) wilful or persistent failure to perform the duties of a Judge; or

(iii) wilful abuse of judicial office; or

(iv) corruption or lack of integrity which includes delivering judgments

for collateral or extraneous reasons, making demands for consideration in cash

or kind for giving judgments or any other action on the part of the Judge which

has the effect of subverting the administration of justice; or

Definitions.

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[PART II—

(v) committing an offence involving moral turpitude; or

(vi) failure to furnish the declaration of assets and liabilities in

accordance with the provisions of this Act; or

(vii) willfully giving false information in the declaration of assets and

liabilities under this Act; or

(viii) wilful suppression of any material fact, whether such fact relates to

a period before assumption of office, which would have bearing on his integrity;

(ix) wilful breach of judicial standards;

(o) "notification" means a notification published in the Official Gazette;

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

(q) "regulations" means the regulations made by the Commission under the

Constitution of India and this Act;

(r) "Scrutiny Panel" means the Complaints Scrutiny Panel constituted under

section 16 for the scrutiny of complaints; and

(s) "Speaker" means the Speaker of the House of the People.

CHAPTER II

SELECTION FOR APPOINTMENT OF JUDGES AND THEIR TRANSFER

3. (1) The Central Government shall, within a period of thirty days from the date of

coming into force of this Act, intimate the vacancies existing in the posts of Judges in the

Supreme Court and in a High Court to the Commission for making its recommendations to

fill up such vacancies.

(2) The Central Government shall, six months prior to the date of occurrence of any

vacancy by reason of completion of the term of a Judge of the Supreme Court or of a High

Court, make a reference to the Commission for making its recommendation to fill up such

vacancy.

(3) The Central Government shall, within a period of thirty days from the date of

occurrence of any vacancy by reason of death or resignation of a Judge of the Supreme

Court or of a High Court, make a reference to the Commission for making its recommendations

to fill up such vacancy.

4. (1) The Commission shall recommend for appointment the senior-most Judge of

the Supreme Court as the Chief Justice of India if he is considered fit to hold the office:

Provided that a member of the Commission whose name is being considered for

recommendation shall not participate in the meeting.

(2) The Commission shall, on the basis of ability, merit and any other criteria of

suitability as may be specified by regulations, recommend the name for appointment as a

Judge of the Supreme Court from amongst persons who are eligible to be appointed as such

under clause (3) of article 124 of the Constitution.

5. (1) The Commission shall recommend for appointment a Judge of a High Court to

be the Chief Justice of a High Court on the basis of inter se seniority of High Court Judges

and ability, merit and any other criteria of suitability as may be specified by regulations.

(2) The Commission shall seek nomination from the Chief Justice of the concerned

High Court for the purpose of recommending for appointment a person to be a Judge of that

High Court.

Reference to

Commission

for filling up of

vacancies.

Procedure for

selection of

Judge of High

Court.

Procedure for

selection of

Judge of

Supreme

Court.

SEC. 2]

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113

(3) The Commission shall on the basis of ability, merit and any other criteria of

suitability as may be specified by regulations, nominate name for appointment as a Judge of

a High Court from amongst persons who are eligible to be appointed as such under clause

(2) of article 217 of the Constitution and forward such names to the Chief Justice of the

concerned High Court for his views.

(4) Before making any nomination under sub-section (2) or giving his views under

sub-section (3), the Chief Justice of the concerned High Court shall consult two senior-

most Judges of that High Court and such other Judges and Bar of that High Court as may

be specified by regulations.

(5) After receiving views and nomination under sub-sections (2) and (3), the

Commission may in compliance of the mandate of clause (1) of article 124C of the Constitution

recommend for appointment the person who is found suitable on the basis of ability, merit

and any other criteria of suitability as may be specified by regulations.

6. The President shall, on the recommendations made by the Commission, appoint the

Chief Justice of India or a Judge of the Supreme Court or, as the case may be, the Chief

Justice of a High Court or the Judge of a High Court:

Provided that the President may, if considers necessary, require the Commission to

reconsider, either generally or otherwise, the recommendation made by it:

Provided further that if the Commission makes recommendation with or without

modifications after reconsideration, the President shall make appointment accordingly.

7. The Commission shall recommend for transfer of Chief Justices and other Judges of

High Courts from one High Court to any other High Court, as per the procedure specified by

regulations.

8. The Commission shall meet at such time and place as the Chairperson may direct

and observe such rules of procedure in regard to the transaction of business at its

meetings, as it may specify by regulations.

CHAPTER III

JUDICIAL STANDARDS TO BE FOLLOWED BY THE JUDGES

9. (1) Every Judge shall continue to practice universally accepted values of judicial

life as specified in the Schedule to this Act.

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

no Judge shall—

(a) contest the election to any office of a club, society or other association or

hold such elective office except in a society or association connected with the law or

any court;

(b) have close association or close social interaction with individual members

of the Bar, particularly with those who practice in the same court in which he is a

Judge;

appear before him or associated in any manner with a cause to be dealt with by him;

(d) permit any member of his family, who is a member of the Bar, to use the

residence in which the Judge actually resides or use other facilities provided to the

Judge, for professional work of such member;

(e) hear and decide a matter in which a member of his family, or his close relative

or a friend is concerned;

Power of

President to

require re-

consideration.

Procedure for

transfer of

Judges.

Procedure to

be followed by

Commission

in discharge

of its

functions.

Judicial

standards.

114

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[PART II—

(f) enter into public debate or express his views in public on political matters

or on matters which are pending or are likely to arise for judicial determination by

him:

Provided that nothing contained in this clause shall apply to,—

(i) the views expressed by a Judge in his individual capacity on issues of public

interest during discussion in private forum or academic forum so as not to affect his

functioning as a Judge;

(ii) the views expressed by a Judge relating to administration of court or its

efficient functioning;

(g) make unwarranted comments against conduct of any constitutional or

statutory authority or statutory bodies or statutory institutions or any chairperson or

member or officer thereof, in general, or at the time of hearing matters pending or likely

to arise for judicial determinations;

(h) give interview, to the media in relation to any of his judgment delivered, or

order made, or direction issued, by him, in any case adjudicated by him;

(i) accept gifts or hospitality except from his relatives;

(j) hear and decide a matter in which a company or society or trust in which he

holds or any member of his family holds shares or interest, unless he has disclosed

his such holding or interest, and no objection to his hearing and deciding the matter

is raised;

(k) speculate in securities or indulge in insider trading in securities;

(l) engage, directly or indirectly, in trade or business, either by himself or in

association with any other person:

Provided that the publication of a legal treatise or any activity in the nature of a

hobby shall not be construed as trade or business for the purpose of this clause;

(m) seek any financial benefit in the form of a perquisite or privilege attached to

his office unless it is clearly available or admissible;

(n) hold membership in any organisation that practices invidious discrimination

on the basis of religion or race or caste or sex or place of birth;

(o) have bias in his judicial work or judgments on the basis of religion or race or

caste or sex or place of birth.

Explanation.—For the purposes of this sub-section, "relative" means—

(i) spouse of the Judge;

(ii) brother or sister of the Judge;

(iii) brother or sister of the spouse of the Judge;

(iv) brother or sister of either of the parents of the Judge;

(v) any lineal ascendant or descendant of the Judge;

(vi) any lineal ascendant or descendant of the spouse of the Judge;

(vii) nephew or niece;

(viii) cousin brother or cousin sister; and

(ix) spouse of the person referred to in clauses (ii) to (viii) .

SEC. 2]

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115

CHAPTER IV

DECLARATION OF ASSETS AND LIABILITIES BY JUDGES

10. (1) Every Judge shall make a declaration of his assets and liabilities in the manner

as provided by or under this Act.

(2) A Judge shall, within thirty days from the date on which he makes and subscribes

an oath or affirmation to enter upon his office, furnish to the competent authority the

information relating to—

(a) the assets of which he, his spouse and his dependent children are, jointly or

severally, owners or beneficiaries;

(b) his liabilities and that of his spouse and his dependent children.

(3) A Judge holding his office as such, at the time of the commencement of this Act,

shall furnish information relating to such assets and liabilities, as referred to in sub-section (2)

to the competent authority within thirty days of the coming into force of this Act.

(4) Every Judge shall file with the competent authority, on or before the 31st July of

every year, an annual return of such assets and liabilities, as referred to in sub-section (2),

as on the 31st March of that year.

(5) The information under sub-section (2) or sub-section (3) and annual return

under sub-section (4) shall be furnished in such form and in such manner, as may be

prescribed.

Explanation.—For the purposes of this section, "dependent children" means sons

and daughters who have no separate means of earning and are wholly dependent on the

Judge for their livelihood.

11. The competent authority shall exhibit the document or information in relation to a

declaration of assets and liabilities of Judges,—

(a) in the case of Judges and Chief Justices of the High Courts, on the website

of the High Court in which such Judges and Chief Justice are serving;

(b) in the case of Judges of the Supreme Court and Chief Justice of India, on the

website of the Supreme Court.

12. The competent authority shall keep the documents or information forms containing

the details of the assets and liabilities and other particulars in relation thereto filed by the

Judges in its safe custody for such period as may be decided by the Commission and make

available to it, as and when, on demand.

CHAPTER V

MAKING OF COMPLAINT

13. Any person making an allegation of misbehaviour or incapacity in respect of a

Judge may file a complaint in this regard to the Commission.

14. The complaint under section 13 shall—

(a) be in such form and filed in such manner as may be prescribed;

(b) set forth particulars of the misbehaviour or incapacity which is the subject

matter of allegation;

by reference to the numbered paragraphs of the complaint, what he verifies of his own

knowledge and what he verifies upon information and shall refer to the source of the

information.

Declaration of

assets

and

liabilities.

Making

available

document or

information

in relation to

a declaration

of assets and

liabilities of

Judges on

website.

Maintenance

of records.

Complaints.

Manner of

making of

complaint.

116

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

15. Save as otherwise provided under this Act, the Commission shall refer all such

complaints to the appropriate Scrutiny Panel constituted under Chapter VI for scrutiny.

CHAPTER VI

COMPLAINTS SCRUTINY PANEL

16. There shall be constituted a panel to be called "Complaints Scrutiny Panel" in the

Supreme Court and in every High Court to scrutinise the complaints against a Judge received

under this Act.

17. (1) The Scrutiny Panel in the Supreme Court shall consist of a former Chief Justice

of India and two Judges of the Supreme Court to be nominated by the Commission.

(2) The Scrutiny Panel in every High Court shall consist of a former Chief Justice of

that High Court and two Judges of that High Court to be nominated by the Commission in

consultation with the Chief Justice of that High Court.

18. (1) If the Scrutiny Panel, after scrutiny of the complaint referred to it for scrutiny

under section 15, and after making scrutiny of the complaint, as it deems appropriate, is

satisfied that—

(a) there are sufficient grounds for proceeding against the Judge, it shall, after

recording reasons therefore, submit a report on its findings to the Commission, within

three months of receipt of such complaint, for making inquiry against the judge in

accordance with the provisions of this Act; and

(b) the complaint is frivolous or vexatious, or is not made in good faith, or only

with a view to scandalize or intimidate a judge or there are not sufficient grounds for

inquiring into the complaint, or the complaint relates only to the merits of the judgment

or a procedural order, and, then, it shall after recording reasons therefore submit a

report on its findings to the Commission, within three months of receipt of such

complaint, for further action in accordance with the provisions of this Act.

(2) The Commission on considering the report of the Scrutiny Panel under clause (b)

of sub-section (1) above may treat the matter as closed or if it found that there are sufficient

grounds for inquiring into the complaint, reasons recorded, order inquiry against the Judge

in accordance with the provisions of this Act.

(3) If the complaint is found frivolous or vexatious or is not made in good faith or only

with a view to scandalize or intimidate a Judge, the Commission may take further action in

accordance with the provisions of this Act.

(4) The scrutiny of complaints under this section by the Scrutiny Panel shall be held

in camera.

19. Save as otherwise provided in this Act, the Scrutiny Panel shall have power to

regulate its own procedure in scrutinising the complaints referred to it for scrutiny under

section 15.

20. The Scrutiny Panel shall, while scrutinising the complaints forwarded to it for

scrutiny under section 15, have all the powers of a civil court trying a suit under the Code

of Civil Procedure, 1908 and in particular, in respect of the following matters, namely:—

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

India and examining him on oath;

(b) requiring the discovery and production of any document;

(d) requisitioning any public record or copy thereof from any court or office;

Reference to

Scrutiny

Panel.

Constitution

of Complaints

Scrutiny

Panel.

Composition

of Scrutiny

Panel.

Functions of

Scrutiny

Panel.

Procedure of

Scrutiny

Panel.

5 of 1908.

Powers

relating to

scrutiny of

complaints.

SEC. 2]

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117

(e) issuing commissions for the examination of witnesses or other documents;

and

(f) any other matter which may be prescribed.

21. (1) The Chief Justice of India shall, determine the nature and categories of the

officers and other employees required to assist the Scrutiny Panel referred to in sub-section

(1) of section 17 in the discharge of its functions and provide the Scrutiny Panel with such

officers and other employees as he may think fit.

(2) The Chief Justice of the High Court shall, determine the nature and categories of

the officers and other employees required to assist the Scrutiny Panel referred to in

sub-section (2) of section 17 in the discharge of its functions and provide the Scrutiny

Panel with such officers and other employees as he may think fit.

CHAPTER VII

A. POWERS AND FUNCTIONS OF JUDICIAL COMMISSION IN THE MATTER OF INQUIRY OF

COMPLAINTS AND PROCEDURE FOR THE SAME

22. The Commission shall, within three months of the receipt of a complaint relating to

misbehaviour of—

(a) an individual Judge of the Supreme Court or Chief Justice of a High Court,

refer the complaint, to the Scrutiny Panel of the Supreme Court to scrutinise and

report thereon;

(b) an individual Judge of a High Court, refer the complaint, to the Scrutiny

Panel of the High Court in which such Judge is acting as such, to scrutinise and

report thereon.

shall nominate another judge or a retired Chief Justice of India in his place as a

member of the Commission for the limited purpose of the inquiry.

(d) a judge of the Supreme Court who is a member of the Commission without

that member shall nominate another Judge of the Supreme Court in his place as a

member of the Commission for the limited purpose of the inquiry.

23. The Commission shall maintain a record of the complaints referred to the Scrutiny

Panel.

24. A complaint against the Chief Justice of India shall not be referred to the Scrutiny

Panel for scrutiny but shall be scrutinised by the Commission, without the Chief Justice of

India.

25. After the commencement of the proceedings relating to a complaint against a

Judge, if any change arises in the composition of the Commission due to retirement, resig-

nation or elevation or any other reason, the proceedings of the Commission shall continue

from the stage from which it was pending before such change and the Chairperson of the

Commission shall make such incidental changes, as he deems necessary, to continue the

proceedings.

B. CONSTITUTION OF INVESTIGATION COMMITTEE, ITS POWERS AND FUNCTIONS AND PROCEDURE

FOR INVESTIGATION

26. (1) The Commission, shall for the purpose of inquiry for misbehaviour by a Judge,

constitute an investigation committee, by whatever name called, to investigate into the

complaint in respect of which the Commission found necessary under sub-sections (c) and

(d) of section 22 or section 24 or the Scrutiny Panel has recommended in its report under

Provisions for

officers and

other

employees of

Scrutiny

Panel.

Procedure for

complaints

received by

the

Commission.

Records of

complaints

forwarded to

Scrutiny

Panel.

Procedure for

complaints

against the

Chief Justice

of India.

Procedure for

proceedings

following

change in

composition

of the

Commission.

Investigation

investigation

committee.

118

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[PART II—

clause (a) of sub-section (1) of section 18 for making inquiry against the Judge in

accordance with the provisions of this Act.

(2) The composition and tenure of the investigation committee shall be such as may

be decided by the Commission:

Provided that the number of the investigation committees, in no case, at a time, shall

exceed three:

Provided further that the Commission may, having regard to the nature of misbehaviour

of a Judge, may constitute different investigation committees for inquiry into different

complaints.

27. The Commission, shall, for the purpose of proceedings under this Act and the

investigation committee, while conducting any investigation under this Chapter, have all

the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 and in

particular, in respect of the following matters, namely:—

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

India and examining him on oath;

(b) requiring the discovery and production of any document;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or other documents;

and

(f) any other matter which may be prescribed.

28. (1) If the investigation committee has reason to believe that any documents

which, in its opinion, will be useful for, or relevant to, any preliminary investigation or

inquiry, are secreted in any place, it may authorise any officer subordinate to it, or any

officer of an agency referred to in section 42, to search for and to seize such documents.

(2) If the investigation committee is satisfied that any document seized under sub-

section (1) would be evidence for the purpose of any investigation and that it would be

necessary to retain the original document in its custody, it may so retain the said document

till the completion of such investigation or retain a copy of such document, as it may deem

fit.

(3) The provisions of the Code of Criminal Procedure, 1973, relating to searches shall,

so far as may be, apply to searches under this section subject to the modification that

sub-section (5) of section 165 of the said Code shall have effect as if, for the word

"Magistrate", wherever it occurs, the words "investigation committee or any officer

authorised by it" were substituted.

29. The investigation committee shall be entitled to make a request to the Commission

for assistance to it and the Commission may invoke its powers in this behalf under section

42 of this Act.

30. If a Judge, to whom notice is issued by the investigation committee referred to in

section 26, refuses to appear before it or does not co-operate with it in conducting

investigation, then, the investigation committee may proceed ex parte.

31. The investigation committee may cause investigation into any act or conduct of

any person, other than the Judge concerned, in so far as it considers necessary so to do for

the purpose of its investigation into any allegations made against a Judge and shall give

such person a reasonable opportunity of being heard and to produce evidence in his

defence.

5 of 1908.

Powers of the

Commission

and

investigation

committee.

Search and

seizure by

investigation

committee.

Assistance to

investigation

committee by

Government

agency.

Ex parte

investigation.

Investigation

into act or

conduct of

certain other

persons in

certain cases.

2 of 1974.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

119

32. The investigation committee, after completion of the inquiry in respect of a

complaint, shall submit its findings to the Commission.

C. INQUIRY PROCEDURE OF INVESTIGATION COMMITTEE

33. (1) The investigation committee shall frame definite charges against the Judge on

the basis of which the inquiry is proposed to be held.

(2) Every such inquiry shall be conducted in camera by the investigation committee.

(3) The charges framed under sub-section (1) together with the statement of grounds

on which each such charge is based shall be communicated to the Judge and he shall be

given a reasonable opportunity of presenting a written statement of defence within such

time as may be specified by the investigation committee.

(4) The investigation committee shall hold every such inquiry as expeditiously as

possible and in any case complete the inquiry within a period of six months from the date of

receipt of the complaint:

Provided that the Commission shall complete the inquiry by a further period of six

months.

34. Save as otherwise provided, the investigation committee shall have power to

regulate its own procedure in making the inquiry and shall give reasonable opportunity to

the Judge of cross examining witnesses, adducing evidence and of being heard in his

defence.

35. The Central Government may, if requested by the investigation committee, appoint

an advocate to conduct the cases against the Judge.

D. STAFF OF COMMISSION

36. (1) The Commission shall, for the purpose of performing its functions under this

Act, appoint a Secretary and such other officers, staffs and employees possessing such

qualifications, as specified by regulations from time to time.

(2) The terms and conditions of service of the Secretary, officers, staffs and employees

referred to in sub-section (1) shall be as specified by regulations from time to time.

(3) The Commission shall provide such number of its officers and other employees to

assist the investigation committee as the Commission considers appropriate having regard

to the nature of investigation in a case.

E. PENALTIES ON CONCLUSION OF INQUIRY

37. During the pendency of the inquiry by the investigation committee, the

Commission may recommend stoppage of assigning judicial work including cases assigned

to the Judge concerned if it appears to the Commission that it is necessary in the interest of

fair and impartial scrutiny of complaints or investigation or inquiry.

38. (1) If the Commission on receipt of the report from the investigation committee is

satisfied that—

(a) no charges have been proved, it shall dismiss the complaint and matter be

closed and no further action shall be taken against the Judge and the complainant

shall be informed accordingly; and

(b) all or any of the charges have been proved but the Commission is of the

opinion that the charges proved do not warrant removal of the Judge, it may, by order,

issue advisories or warnings.

Submission of

report by

investigation

committee.

Investigation

committee to

have power to

regulate its

own

procedure.

Central

Government

to appoint an

advocate to

conduct cases

against judge.

Staff of the

Commission.

Stoppage of

assigning work

in certain

cases.

Procedure on

receipt of

report of

investigation

committee.

Procedure in

inquiries

investigation

committee.

120

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[PART II—

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

Commission, on receipt of the report from the investigation committee is satisfied that there

has been a prima facie commission of any offence under any law for the time being in force

by a Judge, it may recommend to the Central Government for prosecution of the Judge in

accordance with the law for the time being in force.

(3) In a case where an inquiry or investigation against the Judge has been initiated

and such Judge has demitted office during such inquiry or investigation, such inquiry or

investigation may be continued if the Commission is of the opinion that the misbehaviour

is serious in nature and requires to be inquired into or investigated and the Commission

may after conclusion of inquiry forward its findings to the Central Government to take

further action in the matter under relevant law for the time being in force.

39. If the Commission is satisfied that all or any of the charges of misbehavior or

incapacity of a Judge have been proved and that they are of serious nature warranting his

removal, it shall request the Judge to voluntarily resign and if he fails to do so, then, advise

the President to proceed for the removal of the Judge and the President shall refer the matter

to Parliament.

40. If the Scrutiny Panel refers a case to the Commission under sub-section (b) of

section 18, the Commission shall consider the matter further and if it concurs with the

conclusion of the Scrutiny Panel, it may authorise the filing of a criminal complaint against

the original complainant before a competent court.

F. OTHER PROVISIONS RELATING TO INQUIRY

41. All proceedings under this Act shall be deemed to be judicial proceedings within

the meaning of sections 193 and 228 of the Indian Penal Code, and the Commission shall be

deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of

Criminal Procedure, 1973.

42.The Commission shall be entitled to take assistance of such officers of the Central

Government or State Government or any agency thereof or authority as it deems fit.

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

the complainant and every person who participates in the scrutiny or investigation or

inquiry as a witness or as a legal practitioner or in any other capacity, whether or not he

seeks confidentiality about his name, shall undertake to the Commission or Scrutiny Panel

or investigation committee that he shall not reveal his own name, the name of the Judge

complained against, the contents of the complaint or any of the documents or proceedings

to anybody else including the media without the prior written approval of the Commission:

Provided that the Commission may, if it considers appropriate, authorise any person

to apprise the media or press in respect of matters relating to complaint, scrutiny or

investigation or inquiry, as the case may be.

44. The Commission or the Scrutiny Panel or investigation committee may, at the

request of a complainant, direct that the complainant be accorded such protection, as it

deems appropriate, including keeping his identity confidential, from everybody and also

the Judge against whom the complaint is made.

45. After the commencement of scrutiny of complaints under this Act, no action for

contempt of court shall lie or shall be proceeded with in respect of the allegations, which are

the subject matter of the investigation or inquiry.

46. Any scrutiny, investigation or inquiry pending before the Scrutiny Panel or

investigation committee or Commission shall not affect the criminal liability in respect of

such allegations which are the subject matter of the investigation or inquiry.

Advice of

President for

removal of

Judge.

Filing of

complaints

against

complainant

in certain

cases.

45 of 1860.

2 of 1974.

Proceedings

before the

Commission

to be judicial

proceedings.

Power to call

for assistance.

Confidentiality

in complaint

procedure.

Keeping

identity of

complainant

confidential.

No action for

contempt to

lie in certain

cases.

Investigation

and enquiry by

the

Commission

not to affect

criminal

liability.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

121

47. Notwithstanding anything contained in the Right to Information Act, 2005 or any

other law for the time being in force, all papers, documents and records of proceedings

related to a complaint, preliminary investigation and inquiry shall be confidential and shall

not be disclosed by any person in any proceeding except as directed by the Commission:

Provided that the findings of the investigation committee and the orders passed by

the Commission under clause (b) of sub-section (1) of section 38 shall be made public.

48. No suit, prosecution or other legal proceeding shall lie against the Chairperson or

any member of the Commission, Scrutiny Panel, investigation committee or against any

officer or employee, agency or person engaged by such committees or panel for the purpose

of conducting scrutiny or investigation or inquiry in respect of anything which is in good

faith done or intended to be done under this Act or the rules made thereunder.

CHAPTER VIII

PROCEDURE FOR PRESENTATION OF AN ADDRESS FOR REMOVAL OF A JUDGE

49. The President, on receipt of advice under section 39, shall cause the findings of

the Commission along with the accompanying materials to be laid before both Houses of

Parliament.

50. On laying of the advice of the Commission along with the accompanying material,

the Central Government may move a motion in either House of Parliament for taking up the

said advice for consideration by the House.

51. (1) Notwithstanding anything contained in section 49 or section 50, if a notice is

given of a motion for presenting an address to the President praying for the removal of a

Judge signed,—

(a) in the case of a notice given in the House of the People, by not less than one

hundred members of that House;

(b) in the case of a notice given in the Council of States, by not less than fifty

members of that House; and

consulting such persons, if any, as he thinks fit and after considering such materials,

if any, as may be available to him, either admit the motion or refuse to admit the same.

(2) If the motion referred to in sub-section (1) is admitted, the Speaker or, as the case

may be, the Chairman shall keep the motion pending and the matter shall be referred to the

Commission for constitution of an investigation committee under section 26.

(3) The Commission, after receipt of reference under sub-section (2), constitute an

investigation committee under section 26 and the investigation committee shall conduct an

inquiry in accordance with the provisions contained under Chapter VII and submit its

report to the Commission for being submitted to the Speaker or Chairman, as the case may

be, for consideration.

(4) Where it is alleged that a Judge is unable to discharge the duties of his office

efficiently due to any physical or mental incapacity and the allegation is denied, the

investigation committee may arrange for the medical examination of the Judge by such

Medical Board as may be appointed for the purpose by the Speaker or, as the case may be,

the Chairman.

(5) The Medical Board shall undertake such medical examination of the Judge as may

be considered necessary and submit a report to the investigation committee stating therein

whether the incapacity is such as to render the Judge unfit to continue in office.

All records,

documents

etc. related to

complaint,

scrutiny,

investigation

and enquiry to

confidential.

22 of 2005.

Protection of

action taken

in good faith.

Laying of

advice of

Commission

before the

Parliament.

Motion for

removal of a

Judge.

Investigation

into

misbehaviour

or incapacity

of Judge by

investigation

committee for

removal of

Judges.

122

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[PART II—

(6) If the Judge refuses to undergo medical examination considered necessary by the

Medical Board, the Board shall submit a report to the investigation committee stating

therein the examination which the Judge has refused to undergo, and the investigation

committee may, on receipt of such report, presume that the Judge suffers from such physical

or mental incapacity as is alleged in the motion referred to in sub-section (1) .

52. (1) If the report of the investigation committee contains a finding that the Judge

is not guilty of any misbehaviour or does not suffer from any incapacity, then, no further

steps shall be taken in either House of Parliament in relation to the report and the motion

pending in the House or the Houses of Parliament shall not be proceeded with.

(2) If the report of the investigation committee contains a finding that the Judge is

guilty of any misbehaviour or suffers from any incapacity, then, the motion referred to in

section 50 shall together with the report of the investigation committee, be taken up for

consideration by the House or the Houses of Parliament in which it is pending.

(3) If the motion is adopted by each House of Parliament in accordance with the

provisions of clause (4) of article 124 or, as the case may be, in accordance with that clause

read with article 218 of the Constitution, then, the misbehaviour or incapacity of the Judge

shall be deemed to have been proved and an address praying for the removal of the Judge

shall be presented in the prescribed manner to the President by each House of Parliament in

the same session in which the motion has been adopted.

53. (1) There shall be constituted a Joint Committee of both Houses of Parliament in

accordance with the provisions hereinafter contained for the purpose of making rules to

carry out the purposes of this Chapter.

(2) The Joint Committee shall consist of fifteen members of whom ten shall be nominated

by the Speaker and five shall be nominated by the Chairman.

(3) The Joint Committee shall elect its own Chairman and shall have power to regulate

its own procedure.

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

Committee may make rules to provide for the following, among other matters, namely:—

(a) the manner of transmission of a motion adopted in one House to the other

House of Parliament;

(b) the manner of presentation of an address to the President for the removal of

a Judge;

and the witnesses who may be required to attend meetings of such Committee;

(d) the facilities which may be accorded to the Judge for defending himself; and

(e) any other matter which has to be, or may be, provided for by rules or in

respect of which provision is, in the opinion of the Joint Committee, necessary.

(5) Any rules made under this section shall not take effect until they are approved

and confirmed both by the Speaker and the Chairman and are published in the Official

Gazette, and such publication of the rules shall be conclusive proof that they have been

duly made.

CHAPTER IX

OFFENCES AND PENALTIES

54. (1) Whoever intentionally insults, or causes any interruption, to the Scrutiny

Panel or investigation committee or Commission while the Commission or Scrutiny Panel or

investigation committee or any of their members is doing scrutiny or conducting any

Intentional

insult or

interruption

to the

Commission.

Power of Joint

Committee to

make rules.

Consideration

of report and

procedure for

presentation

of an address

for removal

of Judge.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

123

investigation or inquiry under this Act, shall be punished with simple imprisonment for a

term which may extend to six months, or with fine, or with both.

(2) The provisions of sub-section (2) of section 199 of the Code of Criminal

Procedure, 1973 shall apply in relation to an offence referred to in sub-section (1) as they

apply in relation to an offence referred to in sub-section (2) of the said section 199, subject

to the modification that no complaint in respect of such offence shall be made by the Public

Prosecutor except with the previous sanction of the Commission.

55. If any complainant or other person, who participates in the scrutiny or investigation

or inquiry as a witness or as a lawyer or in any other capacity, contravenes the provisions

of section 43 or section 44 or section 47, shall be liable for punishment with simple

imprisonment for a term which may extend to one month, or with fine which may extend to

five hundred rupees, or with both.

56. When any such offence as is described in sub-section (1) of section 54 is committed,

in the view, or, in the presence, of the Commission, then the said Commission, may cause the

offender to be detained in custody and may at any time on the same day take cognizance of

the offence and after giving the offender a reasonable opportunity of showing cause as to

why he should not be punished under this section, try such offender summarily so far as

may be in accordance with the procedure specified for summary trials under the Code of

Criminal Procedure, 1973, and sentence him to simple imprisonment for a term which may

extend to one month, or with fine which may extend to five hundred rupees, or with both.

57. (1) Any person who makes a complaint which is found, after following the

procedure under this Act to be frivolous or vexatious or made with an intent to scandalise

or intimidate the Judge against whom such complaint is filed, shall be punishable with

simple imprisonment which may extend to one year and also with fine which may extend to

fifty thousand rupees.

(2) The provisions of this section shall have effect notwithstanding anything

contained in the Code of Criminal Procedure, 1973.

(3) No suit, prosecution or other legal proceeding shall lie against the complaint

under this section in respect of anything which is in good faith done or intended to be done

under this Act.

58. (1) Where an offence under this Act has been committed by a company, every

person who at the time the offence was committed was in charge of, and was responsible to,

the company for the conduct of the business of the company, as well as the company, shall

be deemed to be guilty of the offence and shall be liable to be proceeded against and

punished accordingly:

Provided that where a company has different establishments or branches or different

units in any establishment or branch, the concerned Head or the person in-charge of such

establishment, branch or unit nominated by the company as responsible shall be liable for

contravention in respect of such establishment, branch or unit:

Provided further that nothing contained in this sub-section shall render any such

person liable to any punishment provided in this Act, if he proves that the offence was

committed without his knowledge or that he exercised all due diligence to prevent the

commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under

this Act has been committed by a company and it is proved that the offence has been

committed with the consent or connivance of or is attributable to any neglect on the part of,

any director, manager, secretary or other officer of the company, such director, manager,

secretary or other officer shall also be deemed to be guilty of that offence and shall be liable

to be proceeded against and punished accordingly.

Explanation.—For the purpose of this section,—

Penalty for

violation of

confidentiality

in complaint

procedure.

2 of 1974.

Power of the

Commission

to try certain

cases.

2 of 1974.

Punishment

for frivolous

and vexatious

complaints.

Offences

companies.

2 of 1974.

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[PART II—

(a) "company" means any body corporate and includes a firm or other associa-

tion of individuals; and

(b) "director", in relation to a firm, means a partner in the firm.

59. (1) Where an offence under this Act has been committed by a society or trust,

every person who at the time the offence was committed was in charge of, and was

responsible to, the society or trust for the conduct of the business of the society or the

trust, as well as the society or trust, shall be deemed to be guilty of the offence and shall be

liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person

liable to any punishment provided in this Act, if he proves that the offence was committed

without his knowledge or that he exercised all due diligence to prevent the commission of

such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under

this Act has been committed by a society or trust and it is proved that the offence has been

committed with the consent or connivance of, or is attributable to, any neglect on the part

of any director, manager, secretary, trustee or other officer of the society or trust, such

director, manager, secretary, trustee or other officer shall also be deemed to be guilty of that

offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purpose of this section,—

(a) "society" means anybody corporate registered under the Societies

Registration Act, 1860 and, "trust" means anybody registered under the Indian Trusts

Act, 1882; and

(b) "director", in relation to a society or trust, means a member of its governing

board other than an ex officio member representing the interests of the Central or

State Government or the appropriate statutory authority.

60. Any person convicted on a trial held under sub-section (1) of section 57 may,

notwithstanding anything contained in any other law for the time being in force, appeal,

within sixty days of order of such conviction, to the Supreme Court.

61. (1) The Central Government may make rules, to carry out the provisions of this

Act, other than the provisions contained under Chapter VIII.

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

made under this section may provide for all or any of the following matters, namely:—

(a) the form and manner in which, information is to be furnished or, annual

return to be filed, under section 10;

(b) the form and manner in which complaint shall be filed under section 14;

scrutiny of complaint, have powers of a civil court under section 20;

(d) other matters in respect of which the Commission shall, for the purpose of

inquiry or investigation of complaint have powers of a civil court under clause (f) of

section 27;

(e) any other matter which is required to be, or may be, specified by rules or in

respect of which provision is to be made by rules.

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

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

may be comprised in one session or in two or more successive sessions, and if, before the

expiry of the session immediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or both Houses agree that the rule

Offences by

societies or

trusts.

Appeal to

Supreme

Court.

Power of

Central

Government

to make rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

125

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.

62. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central

Government may, after consultation with the Commission, by an 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 after the expiry of a period of three 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.

63. (1) The Commission may, by notification in the Official Gazette, make regulations

consistent with the Constitution of India, this Act, and the rules made thereunder, to carry

out the provisions of this Act.

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

regulations may provide for all or any of the following matters, namely:—

(a) the criteria of suitability with respect to appointment of a Judge of the

Supreme Court under article 124C of the Constitution and sub-section (2) of section

4 of this Act;

(b) other procedure and conditions for selection and appointment of a Judge of

the Supreme Court under article 124C of the Constitution;

Court under Article 124C of the Constitution and sub-section (3) of section 5 of this

Act;

(d) other Judges who may be consulted with the Chief Justice and manner and

mode of consultation with the bar under article 124C of the Constitution and sub-

section (4) of section 5 of this Act;

(e) the manner of eliciting views of the Governor and the Chief Minister under

clause (b) of article 124B of the Constitution;

(f) other procedure and conditions for selection and appointment of a Judge of

the High Court under article 124B and 124C of the Constitution and sub-section (3) of

section 5 of this Act;

(g) the procedure for transfer of Chief Justices and other Judges from one High

Court to any other High Court under clause (c) of article 124B and clause (2) of article

124C of the Constitution;

(h) the procedure to be followed by the Commission in the discharge of its

functions under clause (2) of article 124C of the Constitution;

(i) the rules of procedure in regard to the transaction of business at the meetings

of Commission, including the quorum at its meeting under clause (2) of article 124C of

the Constitution and section 8 of this Act;

(j) any other matter which is required to be, or may be, specified by regulations

or in respect of which provision is to be made by regulations.

64. (1) The Judges (Inquiry) Act 1968, and National Judicial Appointments

Commission Act, 2014 are hereby repealed.

(2) Notwithstanding the repeal of the Judges (Inquiry) Act, 1968 (hereinafter referred

to as the repealed Act) the rules made by the Joint Committee under section 7 of the

repealed Act shall continue to be in force until rules are framed under section 53 of this Act.

Power to

remove

difficulties.

Power of the

Commission

to make

regulations.

51 of 1968.

40 of 2014.

Repeal and

savings.

128

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Judges of the Supreme Court are appointed under clause (2) of article 124 and the

Judges of the High Courts are appointed under clause (1) of article 217 of the Constitution,

by the President. The Ad-hoc Judges and retired Judges for the Supreme Court are

appointed under clause (1) of article 127 and article 128 of the Constitution respectively.

The appointment of additional Judges and acting Judges for the High Court is made under

article 224 and the appointment of retired Judges for sittings of the High Courts is made

under article 224A of the Constitution. The transfer of Judges from one High Court to

another High Court is made by the President after consultation with the Chief Justice of

India under clause (1) of article 222 of the Constitution. The inquiry for misbehavior,

misconduct and misdemeanor of Judges is conducted under the Judges (Inquiry) Act 1968.

2. The Supreme Court in the matter of the Supreme Court Advocates-on-Record

Association Vs. Union of India in the year 1993, and in its Advisory Opinion in the year 1998

in the Third Judges case, had interpreted clause (2) of article 124 and clause (1) of article

217 of the Constitution with respect to the meaning of "consultation" as "concurrence".

Consequently, a Memorandum of Procedure for appointment of Judges to the Supreme

Court and High Courts was formulated, and is being followed for appointment.

3. Independence of judiciary is a basic feature and part of basic structure of the

Constitution of India, as declared by the Hon'ble Supreme Court. Transparency and

accountability in the matter of appointment of the judges of the High Courts and Supreme

Court is very much linked to this concept. It is widely accepted that the prevailing collegium

system needs to be revisited in this regard.

4. Accordingly, the Constitution (Ninety Ninth Amendment) Act, 2014 was enacted

added by section to amend the relevant provisions of the Constitution and for setting up a

National Judicial Appointments Commission. The Act inserted new articles 124A, 124B and

124C after article 124 of the Constitution to provide for the composition and the functions

of the proposed National Judicial Appointments Commission. The National Judicial

Appointments Commission Act, 2014 (Act No. 40 Of 2014) was also enacted inter alia

regulate the procedure to be followed by the National Judicial Appointments Commission

for recommending persons for appointment as the Chief Justice of India and other Judges

of the Supreme Court and Chief Justices and other Judges of High Courts and for their

transfers etc. However, these Acts were held to be unconstitutional by the Hon'ble Supreme

court of India in the judgment in Supreme Court Advocates-on-Record Advocates

Association Vs. Union of India (2016) .

5. After review of the relevant constitutional provisions, the pronouncements of the

Supreme Court and consultations with eminent Jurists, it is felt that a new broad based

National Judicial Commission should be established for making recommendations for

appointment of Judges of the Supreme Court and High Courts. The said Commission would

provide a meaningful role for the judiciary and all other important stakeholders including

the Bar to present their view points and make the participants accountable, while also

introducing transparency in the selection process. The Commission shall have independent

and autonomy under the constitution and comprehensive powers for selection of judges to

the High Courts and Supreme Court, transfer of judges of the High Courts and inquiry for

misbehavior, misconduct and such misdemeanor of the judges.

6. The Constitution (Amendment) Bill, 2022 set to be introduced in the Parliament

along with the instant Bill, enables amendment of relevant provisions of the Constitution

and for setting up a National Judicial Commission with comprehensive powers and in the

light of judgment in Supreme Court Advocates-on-Record Advocates Association Vs. Union

of India.

7. The present Bill, namely the National Judicial Commission Bill, 2022 inter alia

provides for the time frame to initiate the process of filling up of vacancies in the Supreme

Court and High Courts and the procedure for selection of Chief Justice of India, Chief

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

129

Justice of High Courts and Judges of the Supreme Court and High Courts. It further

provides that the President may, if necessary, require the Commission to reconsider the

recommendation. However, if the Commission makes unanimous recommendations on such

reconsideration, then the President shall make the appointment accordingly.

8. Further, this Bill provides that the National Judicial Commission may make regula-

tions inter alia specifying the criteria of suitability with respect to the appointment of

Judges of the Supreme Court and High Courts, the procedure and conditions for selection

and appointment of Judge of the Supreme Court and High Court, the procedure for transfer

of Judges from one High Court to another High Court and the procedure to be followed by

the Commission in the discharge of its functions. It also provides for detailed mechanism

for inquiry into misbehavior, misconduct and such misdemeanor of the judges. It further

provides for consequential repeal of the Judges (Inquiry) Act, 1968 and National Judicial

Appointments Commission Act, 2014.

9. The Bill, thereby seeks to regulate the procedure to be followed by the National

Judicial Commission for recommending persons for appointment as the Chief Justice of

India and other Judges of the Supreme Court and Chief Justices and other Judges of High

Courts and for their transfers and to lay down judicial standards and provide for accountability

of Judges, and establish credible and expedient mechanism for investigating into individual

complaints for misbehavior or incapacity of a judge of the Supreme Court or of a High Court

and to regulate the procedure for such investigation; and for the presentation of an address

by Parliament to the President in relation to proceeding for removal of a Judge and for

matters connected therewith or incidental thereto. It facilitates to broad base the appointment

of Judges in the Supreme Court and High Courts, enables participation of judiciary and

other important stakeholders and ensures greater transparency, accountability and objectivity

in the appointment of the Judges in the Supreme Court and High Courts, transfer of the

judges of High Courts and better administration of justice.

Hence, this Bill.

BIKASH RANJAN BHATTACHARYYA.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

133

2. In article 270 of the Constitution,—

(i) for clause (1), the following clause shall be substituted, namely:—

"(1) All taxes and duties referred to in the Union List, the surcharge on

taxes and duties referred to in article 271 and any cess levied for specific purposes

under any law made by Parliament shall be levied and collected by the Government

of India and shall be distributed between the Union and the States in the manner

provided in clause (2):

Provided that this clause shall not apply to duties and taxes referred to in

articles 268, 269 and 269A."

(ii) after clause (1B), the following shall be inserted, namely:—

"(1C) Any cess levied and collected by the Government of India under

clause (1) shall be:

(a) imposed for a specific purpose clearly stated in the law imposing

such cess;

(b) earmarked for a purpose that does not fall within List II of the

Seventh Schedule of the Constitution; and

end of two years of being levied to assess whether funds are being

appropriately utilized and dispersed for the purpose for which it is being

levied."

(iii) for clause (2), the following shall be substituted, namely:—

"(2) Such percentage, as may be prescribed, of the net proceeds of any

such tax or duty or cess or surcharge in any financial year shall not form part of

the Consolidated Fund of India, but shall be assigned to the States within which

that tax or duty or cess or surcharge is leviable in that year, and shall be distributed

among those States in such manner and from such time as may be prescribed in

the manner provided in clause (3)."

3. For article 271, the following article shall be substituted, namely:—

"271. Notwithstanding anything in articles 269 and 270, Parliament may at any

time increase any of the duties or taxes referred to in those articles except the goods

and services tax under article 246A, by a surcharge for a definite period of time and the

whole proceeds of any such surcharge shall be distributed between the Union and the

States in such manner and from such time as may be prescribed in the manner provided

in article 270."

4. In article 280, in clause (3), for sub-clause (a), the following shall be substituted,

namely:—

“(a) the distribution between the Union and the States of the net proceeds of

taxes, cess and surcharge, which are to be, or may be divided between them under this

Chapter and the allocation between the States of the respective shares of such

proceeds."

5. After article 342A of the Constitution, the following new article shall be inserted,

namely:—

“342B.(1) Notwithstanding anything in this Constitution or any law for the time

being in force, the Central Government shall enumerate the socially and educationally

backward classes and ascertain their respective population in the census conducted

under the Census Act, 1948.

Amendment of

article 270.

Substitution of

article 271.

Surcharge on

certain duties

and taxes.

A m e n d m e n t

of article 280.

Insertion

new

article

342B.

Enumeration

and census of

socially and

educationally

backward

classes.

37 of 1948.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

135

STATEMENT OF OBJECTS AND REASONS

The Constitution of India gives immense revenue-generating powers to the Central

Government but puts more welfare obligations on the State Governments. The report of the

15th Finance Commission noted that the Central Government had about 62.7% of the resources

but incurred only 37.6% of the expenditure, whereas the State Governments had only 37.3%

of the resources but incurred 62.4% of the expenditure. A report by the Reserve Bank of India

also noted that more than 60% of India's capital expenditure came exclusively from the State

Governments. A comparison of the lists in the Seventh Schedule of the Constitution would

also reveal that the State List enumerates more welfare obligations than the Union List.

Nonetheless, the Constitution has made provisions under article 270(1) for distributing

the tax revenue collected by the Central Government between itself and the States to help

them effectively carry out their welfare obligations. However, article 270(1) also permits the

Central Government to levy cesses and surcharges, which it is not obligated to share with

the States. Owing to this reason, over the past few years, there has been significant over-

reliance of the Centre on cesses and surcharges. In 2012-13, cesses and surcharges formed

8.76% of the Centre's gross tax revenue whereas in 2020-21, this share has crossed 20%. This

has caused the divisible pool of central tax revenue that is shareable with the States to shrink

considerably. Both the 14th and 15th Finance Commissions recommended fixing the share of

the States in the divisible pool to 42% and 41% respectively but due to the disproportionate

increase in cesses and surcharges, the effective share of States has reduced to just 29 to

32%.

The matter of imposing cess has become contentious due to many reasons. First,

although cesses can be implemented only for specific purposes, the Centre is levying cesses

for purposes that are wide and open-ended. Recent purposes for cesses include financing of

national highways, basic education, environment and infrastructure projects, which already

come under the ambit of the duties of the Central Government in its discharge of general

administration and are broad heads of expenditure rather than specific purposes. Second,

cesses are being levied for purposes within the State List, which are per se not the functions

of the Central Government for which it requires earmarked funds including health, agriculture

and rural roads, among others. Third, the language used for levying cess is also often open-

ended. For instance, the Swachh Bharat and Krishi Kalyan cess were levied to "finance and

promote Swachh Bharat initiatives or related purposes" and "to finance and promote initiatives

to improve agriculture or related purposes" respectively.

Objections have also been raised with respect to the imposition of surcharges. The

Expert Commission on Financial Provisions appointed by the President of the Constituent

Assembly envisaged that the Centre's need for imposing surcharges would arise only on

rare occasions and that surcharges would not be continued for unduly long periods of time.

The 8th Finance Commission also expressed concerns regarding the indefinite imposition of

surcharges and recommended their withdrawal. The 10th Finance Commission noted that

surcharges on income tax should not be levied except to meet emergent requirements for a

limited period of time. However, historically speaking, surcharges have formed a consistent

part of India's direct tax regime, which is in contradiction with the foregoing objectives and

recommendations. Following the adoption of the Constitution, surcharge has been imposed

every year except 1998-99.

At the same time, the Comptroller and Auditor General (CAG), in its reports, has

flagged the lack of sufficient transparency in the reporting and the utilisation of the funds

collected through cess and surcharges as well as discrepancies in the utilisation of the

proceeds. In 2018, the CAG, through an affidavit in the Supreme Court, revealed that a

majority of the funds collected under the Building and Other Construction Workers Welfare

Cess Act, 1996 were spent on buying laptops and washing machines and that less than 10%

was spent on the welfare of construction workers. In many cases, the cess collected was not

transferred to its respective Reserve Fund. During 2020 and 2021, nearly 1.28 lakh crore

136

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[PART II—

rupees was collected through cess on crude oil but was not transferred to the Oil Industry

Development Board.

The disproportionate imposition of cesses and surcharges has only exacerbated the

vertical fiscal imbalance between the Central Government and the State Governments. As

evinced by the responsibilities in the State List, adequate financial resources must be made

available to the States to maintain the overall economic health of the States as well as of the

country as a whole.

Therefore, this Bill seeks to amend the Constitution to ensure that the proceeds of

cess and surcharge are made shareable with the States. Additionally, it establishes definite

parameters to determine how cess should be levied and collected and to limit the imposition

of surcharges for a limited period of time, for ensuring greater fiscal transparency.

Furthermore, India is home to a diverse population belonging to a broad array of

castes. This necessitates the availability of latest and extensive data on caste so that the

Central and State Governments can design effective policies for affirmative action and resource

redistribution. The caste data was first enumerated in India within the general census

undertaken in 1872 and continued for the next six decades until 1931. However, in the post-

independence era, in every census conducted so far from 1951 to 2011, no caste data, apart

from that relating to Scheduled Castes and Scheduled Tribes has been collected. Although,

the Government conducted the Socio-Economic and Caste Census (SECC) in 2011 to obtain

data regarding the economic position and caste status of the Indian population, only the

economic data has been made public whereas the caste data has not been released.

Our country is home to a significant population of backward classes that do not fall

under the category of Scheduled Castes and Scheduled Tribes, referred to as Socially and

Educationally Backward Classes (SEBCs). The Mandal Commission (1980) assessed the

population of SEBCs to be 52%, back when the Indian population was at 68 crores. Since that

time, the Indian population has more than doubled to 138 crore but we still do not have any

updated, comprehensive and categorised data on the SEBC population in the country.

Across the world, countries have taken steps to enumerate different sections of people

within their societal structure. For instance, the USA enumerates all races within its multi-

racial population. The UK does a similar enumeration for immigrants having varying origins

and hailing from different social backgrounds. However, India is yet to enumerate caste data

on SEBCs within its demography, creating an information vacuum that has negated the

formulation of objective and proportionate welfare schemes.

It is imperative to conduct a nationwide caste census to understand how various

castes have progressed economically, to assess which castes have been left behind, and to

devise appropriate policies for filling the existing gaps. The need for a caste census is further

buttressed by the fact the proper implementation of articles 15(4) and 16(4) of the Constitution,

dealing with reservations for Other Backward Classes in educational institutions and

Government services, is not possible without enumerating the population of Other Backward

Classes to understand the proportion of their representation in relation to various socio-

economic and geographical parameters.

There has been a long-standing demand supported by wide consensus across political

factions for conducting a caste census. While the Government had declared that a caste

census of SEBCs is administratively difficult and cumbersome, in 2018, the then Home Minister

assured that a caste-based survey would be conducted. In April 2021, the National Commission

for Backward Classes also requested the Ministry of Social Justice and Empowerment to

collect information on the population of Other Backward Classes in the country as a part of

the 2021 general census. Similar recommendations have been made by the Parliamentary

Standing Committee on Welfare of Other Backward Classes. But no efforts have been under-

taken by the Central Government in this regard so far.

138

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[PART II—

A Bill to provide for effective measures to prevent, prohibit and protect persons

especially women from witch-branding and witch-hunting, to eliminate their

torture, oppression, humiliation, killing, sexual assault, stigmatization,

discrimination, ostracization by providing punishment for such offences, relief

and rehabilitation of victims of such offences and for matters connected therewith

or incidental thereto.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Prevention and Prohibition of Witch-Branding and

Witch-Hunting and Other Harmful Practices Act, 2022.

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

in the Official Gazette, appoint.

Short title and

commencement.

XXIV

BILL NO. XC OF 2022

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

139

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

(a) “abettor” means any person who brands or identifies anyone as witch;

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

that State and in all other cases the Central Government;

the first-class exercising jurisdiction in the area where offence is alleged to have taken

place or of and other Judicial Magistrate of the first class or the Court of Sessions

specified as a Special Court by sub-section (1) of section 11 of the Criminal Code;

(d) “Criminal Code” means the Code of Criminal Procedure, 1973;

(e) “police station” includes police outposts;

(f) “witch” means any person especially women, who has been branded as

witch or Daini, Daina, Dakni, Dakan, Bhootni, Booutuni, Dayan, Tonhi, Tonaha,

Chedel, Chud, Shakan, Shakani, Bhootdi, Vantri, Daain, Chudail, Dayan, Dahani,

Chetkin, etc. by a person or persons in belief that such persons has powerintention

to harm anyone;

(g) “witch-branding and witch-hunting” means identifying, calling, stigmatizing,

defaming or accusing any woman as witch by any other person by words, or by signs

or by indications or conducts or actions or practices or in any other manner, thereby

causing or abetting physical or mental harm or execution of a person or persons

which may involve mass frenzy, physical, emotional, sexual, economic and property

related violence, lynching or any other activities;

(2) Words and expressions used but not defined in this Act and defined in the

Criminal Code or the Indian Penal Code, 1860 shall have the same meanings as assigned to

them in the Criminal Code and Indian Penal Code.

3. Witch-branding and witch-hunting is hereby prohibited.

CHAPTER II

PUNISHMENT FOR OFFENCES

4. (1) Whoever contravenes the provision of section 3 shall be punished with

imprisonment of either description for a term which shall not be less than three years but

which may extend up to seven years and with fine, which shall not be less than one lakh

rupees but which may extend to five lakh rupees:

Provided that the Court may, for adequate and special reasons, to be recorded in the

judgment, impose a sentence of imprisonment of either description for a term of less than

one year.

(2) Any person convicted of an offence of witch-branding and witch-hunting shall be

disqualified from inheriting, or taking on lease, rent or by any other means, the property of

the person against whom such offence has been committed.

5. Whoever, assaults or uses violent force against a person accusing such person to

be a witch, resulting in her or his death, shall be punished in accordance with section 302 of

the Indian Penal Code, 1860.

6. Whoever intimidates a person identifying, calling, stigmatizing, defaming or accusing

such person to be a witch and does any act leading or compelling the person to commit

suicide shall be punished with imprisonment of either description for a term which shall not

be less than seven years, but which may extend to imprisonment for life and with fine which

shall not be less than one lakh rupees but which may extend to five lakh rupees.

2 of 1974.

45 of 1860.

Definitions.

Prohibition of

witch-

branding and

witch-hunting.

45 of 1860.

Punishment

for witch-

branding and

witch-hunting.

Punishment

for causing

death.

Punishment

for abetment

of suicide.

140

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

7. Whoever, on the pretext of witch-branding and witch-hunting a person uses

criminal force against such person or instigates or provokes others in doing so with the

intent to harm or to displace the person from the house, agricultural land, village or the

property, lawfully occupied or owned by him or her or interferes with his or her rights over

any land or premises or to coerce him or her to leave the house or village of which he or she

is a rightful owner, resident or a visitor, shall be punished with imprisonment of either

description for a term which shall not be less than five years but which may extend to ten

years and with fine which shall not be less than five lakh rupees but which may extend to ten

lakh rupees.

8. Whoever, on the pretext of witch-branding and witch-hunting a person assaults or

uses criminal force against such person to remove or causes to remove clothes from his or

her body and demonstrates and parades him or her naked or with such scanty clothes that

fail to protect his or her modesty, shall be punished with imprisonment of either description

for a term which shall not be less than seven years, but which may extend to ten years and

with fine which shall not be less than one lakh rupees but which may extend to five lakh

rupees.

9. Whoever, on the pretext of witch-branding and witch-hunting a person—

(i) subjects that person to any form of torture including acts of stoning, hanging,

stabbing, dragging, public beatings, cutting or burning any part of the body or of hair,

forced hair shavings, pulling of nails or teeth out, cutting of nose or other body-parts,

blackening of face, whipping, branding with hot objects or use of any other blunt or

sharp weapons or objects; or

(ii) forces that person to perform public acts of humiliation or to eat human

excrement or to drink urine or to drink or eat inedible or obnoxious substances or to

socially ostracized or to stigmatize for life or to prohibit to participate in auspicious

occasions, to curtail movements and employment or subjects him or her to taunts,

slurs and other verbal abuses, shall be punished with imprisonment of either description

for a term which shall not be less than seven years but which may extend to ten years

and with fine which shall not be less than five lakh rupees but which may extend to ten

lakh rupees.

10. Whoever, on the pretext of witch-branding and witch-hunting a person, damages

his or her reputation and dignity, or with intention to sexually exploit or to extort money or the

property, or any other ulterior motive, identifies, calls, stigmatizes, defames or accuses a

person as witch, shall be punished with imprisonment of either description for a term which

shall not be less than three years, but which may extend to seven years and with a minimum

fine of one lakh rupees which may extend to five lakh rupees.

11. Whoever, on the pretext of witch-branding and witch-hunting a person, blames

such person of any misfortune that befalls his or her village or area or locality or community

which may also include natural disasters, such as droughts, floods, crop loss, illness, death

of cattle or any death in the village, shall be punished with imprisonment of either description

for a term which may extend to three years and with fine which shall not be less than one lakh

rupees which may extend to five lakh rupees.

12. Whoever, knowingly or having reasons to believe that an offence has been

committed under this Chapter, causes any evidence of the commission of that offence to

disappear with the intention of shielding the offender from legal punishment, or with that

intention misleads investigation or gives any information, regarding the offence, which he

knows or believes to be false, shall, be liable for punishment as provided under sections 182

and 201 of the Indian Penal Code, 1860.

13. Whoever, attempts to commit any offence under this Act and does any act towards

such commission shall be liable for punishment in accordance with the provisions of

section 511 of the Indian Penal Code, 1860.

Punishment

for use of

criminal force

for displacing

a person from

lawfully

occupied

property.

Punishment

for using

criminal force

to outrage

modesty.

Punishment

for torture.

Punishment

for damaging

reputation,

dignity etc.

Punishment

for attributing

misfortune.

Punishment

for causing

disappearance

of evidence.

45 of 1860.

Punishment

for attempt to

commit

offences.

SEC. 2]

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141

14. (1) Whoever, abets any offence under this Act, shall be liable for the same punish-

ment provided for that offence under the relevant provisions of this Act.

(2) A public servant who wilfully refuses to register a complaint for an offence under

this Act or neglects the investigation or tries to withhold facts and evidences relating to the

complaint with intention to minimize the gravity of the offence shall be deemed to have

abetted the offence and shall be liable for punishment for the offence as provided under this

Act.

15. If it is established that there has been community involvement in causing such

offences under this Act, everyone of the community involved shall be punished with which

shall not be less than one lakh rupees each but may extend to five lakh rupees and whoever

fails to deposit the said fine shall undergo one year imprisonment in addition to the punishment

imposed upon him by the court fixing specific accusations in the proceeding.

CHAPTER III

TRIAL OF OFFENCES

16. Notwithstanding anything contained in the Criminal Code, every offence under

this Act shall be cognizable, non-bailable and non-compoundable.

17. Any person, who wilfully or otherwise, fails to pay the fine ordered by a Court,

shall be liable to undergo imprisonment as provided under section 64 of Indian Penal Code,1860.

18. (1) The fine realized as punishment for an offence under this Act shall be paid to

the victim as compensation.

(2) The compensation paid under sub-section (1) shall not be compounded with any

other compensation or financial assistance which the appropriate Government may decide to

pay as immediate relief to the victim or the rehabilitation grant payable under section 24.

19. Subject to the provisions of the Criminal Code, the aggrieved person shall be

eligible to file an appeal to the next higher Court within ninety days of the date on which the

Court concerned has passed the order:

Provided that the Court may entertain an appeal after the expiry of the said

period of ninety days, if it is satisfied that the appellant had sufficient cause for not

preferring the appeal within the stipulated period.

CHAPTER IV

LEGAL PROCESSES FOR SPEEDY JUSTICE

20. (1) It shall be the duty of the appropriate Government to establish adequate

number of Courts to ensure that trial of offences under this Act are completed within a period

of sixty days.

(2) The appropriate Government shall ensure that every appeal under this Act is

disposed of within a period of ninety days from the date of the filing of the appeal.

21. (1) The appropriate Government shall appoint a Special Public Prosecutor in all

Courts for trial of cases under this Act.

(2) A Special Public Prosecutor shall be an advocate, who has been in practice as an

advocate for not less than seven years and preferably known for human rights work.

Punishment

for abetment

of offence.

Punishment

for

community

involvement.

Offences to be

cognizable,

non-bailable

and non-

compoundable.

Imprisonment

for non-

payment of

fine.

Provision for

compensation

to the victim.

45 of 1860.

Appeal.

Speedy trial.

Special Public

Prosecutor.

142

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[PART II—

CHAPTER V

MEASURES FOR PREVENTION AND PROTECTION OF PERSON FROM WITCH-BRANDING

AND WITCH-HUNTING

22. (1) When a police officer receives information or a report that witch-branding or

witch-hunting is likely to be committed or there are reasonable grounds to suspect that

witch-branding and witch-hunting is being committed against a person, the officer shall

immediately proceed to the place and shall take all suitable and adequate measures to prevent

the witch-branding or witch-hunting and rescue the victim.

(2) It shall be duty of the police authority, as may be specified, to provide protection

to a victim or a likely victim of an offence under this Act, including getting such person

admitted in a recognized protective or shelter home either run by the Government or by a

recognized voluntary organisation, in case the person has no place for shelter or fears attack

by any person and to ensure security measures including providing police protection.

(3) The police officer shall immediately remove or cause to remove the person and the

objects suspected or likely to harm a victim or likely victim and shall verbally or in writing

warn the person or persons accused of having intention or attempting to commit witch-

branding and witch-hunting to leave the place immediately and abstain from inflicting any

harm upon the victim or likely victim and in case, the situation warrants, the police officer

may cause arrest of the person(s), who may be identified as an abettor.

(4) Whenever an offence under the Act is reported to a police officer, in whose jurisdiction

the offence is committed, the officer concerned shall record the same and shall take action in

accordance with the provisions contained in the Criminal Code and shall take necessary

steps to collect forensic and other evidence as per the Indian Evidence Act 1872.

(5) A police officer having the area of jurisdiction shall take necessary steps to protect

the persons, associated with social works or voluntary organisation, who organize awareness

programmes against witch-branding and witch-hunting.

23. The Central Government, shall—

(a) direct the National Commission for Women to prepare a strategy document

to ensure awareness building through digital campaigns and mass drives and for

ensuring the elimination of the practice of witch-branding and witch-hunting; and

(b) set up a National Monitoring Committee for the monitoring and reviewing of

the implementation of the Act with such composition as may be prescribed:

Provided that the National Monitoring Committee shall include members

of civil society and representatives of Non-Government Organisations working

on issues of witch-branding and witch-hunting.

24. The Central Government shall provide adequate funds after due appropriation

made by Parliament by law, for carrying out the purposes of the Act.

25. The State Government shall,—

(a) designate adequate personnel in the State Commission for Women to monitor

the implementation of the Act;

(b) provide resources to districts where incidents of witch-branding and witch-

hunting are prevalent for carrying out the purposes of this Act;

and training of all stakeholders including officials and public regarding the issue of

witch-branding and witch-hunting;

(d) ensure confidentiality during testimony of victims as well as witnesses;

Duties of the

police to

rescue and

protect

persons.

1 of 1872.

Duties of the

Central

Government.

Central

Government

to provide

funds.

Duties of the

State

Government.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

143

(e) grant relief and compensation for victims of witch-branding and witch-hunt-

ing in such manner as may be prescribed;

(f) provide rehabilitation mechanisms and schemes for victims of witch-brand-

ing and witch-hunting in such manner as may be prescribed;

(g) provide medical and counselling services for victims of witch-hunting;

(h) increase public awareness through various mechanisms to inform communi-

ties about the Act, including engagement with tribal leaders, faith leaders, caste lead-

ers, community leaders;

(i) take steps for launching of campaigns against witch-branding and witch-

hunting through combined efforts of, administration, voluntary organisations, non-

Governmental organisations, women’s organisations, concerned individuals and

academics, educational institutions etc. especially in regions where the menace of

witch-branding and witch-hunting is most rampant;

(j) take steps for organizing women’s groups at village level and drawing up

creative plans in consultation with such groups to enhance the self-confidence and

economic independence of vulnerable women in such areas; and

(k) take appropriate measures to improve education and health in such affected

areas.

26. (1) The District Magistrate shall, in consultation with the field level voluntary

organizations, identify areas in the district which are prone to incidents of witch-branding

and witch-haunting and designate person(s) to ensure awareness on the practices of witch-

branding and witch-hunting, ensure prevention and prohibition of such practices.

(2) The appropriate Government shall set up a district level task force consisting of

representatives from concerned non-Governmental organisations, women’s organisations

and individuals to address the issue of witch-hunting and witch-branding, in all areas where

there has been recurring incidents of witch-branding and witch-hunting and with such

functions, as may be specified.

(3) Every district level task force shall prepare an annual district level action plan along

with budget requirements to address cases of witch-branding and witch-hunting in such

manner as may be prescribed.

(4) The district level task force shall submit periodic reports to the State Government

on the field situation, including number of cases handled, compensation and rehabilitation

provided in such manner as may be prescribed.

(5) The State Government shall submit periodic reports to the National Monitoring

Committee at least once annually in such manner as may be prescribed.

(6) All Government functionaries and local bodies including Panchayats as may be

specified by the District Magistrate in relation to any area and the inhabitants of such area

shall, if they have reason to believe or have the knowledge that witch-branding and witch-

hunting is about to be, or has been, committed in the area, shall forthwith report such fact to

the nearest police station and assist the police in the execution of the provisions of this Act

or any rule or order made there under.

CHAPTER VI

SPECIAL PROVISIONS

27. (1) The appropriate Government shall provide for rehabilitation grant to be paid to

the victim or next of kin in such manner as may be prescribed for the offences committed

against such person under this Act and, for any other offence or offences which have not

been defined in the Act but have been defined in other criminal laws, for the time being in

force.

Steps to be

taken at the

district level.

Rehabilitation

of affected

persons.

144

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) It shall be the responsibility of the District Magistrate to draw a long-term

community-based rehabilitation plan in consultation with the Gram Panchayat functionaries,

in order to ensure that the victim of witch-branding and witch-hunting or next of kin is settled

in the community itself with the resources including movable and immovable assets of such

person restored, or if these have been destroyed, then adequately compensated as per

status before the crime and in case, the victim or next of kin cannot be restored within the

community, they shall be provided with adequate support and resources including homestead

land or housing in a nearby village or urban area.

(3) The appropriate Government shall establish One Stop Crisis Centres at the Block

Level with such functions, as may be specified.

28. A victim of witch-branding and witch-hunting or their next of kin shall have right

to free legal services under the Legal Services Authorities Act, 1987.

CHAPTER VII

MISCELLANEOUS

29. Section 360 of the Criminal Code and the provisions of the Probation of Offenders

Act, 1958 shall not apply to any person of the age of twenty-one years and above, who is

found guilty of having committed an offence under this Act.

30. Nothing in section 438 of the Criminal Code shall apply in relation to any case

involving the arrest of any person on accusation having committed an offence under this

Act.

31. Subject to other provisions of this Act, the provisions of section 34, Chapter III,

Chapter IV, Chapter V, Chapter V-A, section 149 and Chapter XXIII of the Indian Penal Code

shall, so far as may be, apply for the purposes of this Act as they apply for the purpose of the

Indian Penal Code, 1860.

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

therewith contained in any other law for the time custom or usage or any instrument having

effect.

33. No suit, prosecution or other legal proceedings shall lie against the Government

or any officer or authority of the Government or any other person for anything which is in

good faith done or intended to be done under this Act.

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

for carrying out the purposes of this Act.

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

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

may be comprised in one session or in two or more successive sessions, and if, before the

expiry of the session immediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or both the Houses agree that the

rule should not be made, the rule shall thereafter have effect only in such modified form or be

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

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

Right to free

legal aid to

victims.

39 of 1987.

Non-

application of

section 360 of

the Criminal

Code or the

Probation of

Offenders Act,

1958 to

persons guilty

of an offence.

Non-

application of

section 438 of

the Criminal

Code to

persons

committing

an offence.

Application

of certain

provisions of

the Indian

Penal Code.

Act to

override other

laws.

Protection of

action taken

in good faith.

Power to

make rules.

20 of 1958.

45 of 1860.

STATEMENT OF OBJECTS AND REASONS

Witch-branding is the stigmatisation of specific groups of individuals, including for

the most part, widowed women, childless women, old couples and lower caste women. Many

women and children, and some men continue to be branded, castigated, externed to a life of

isolation, or even killed, without adequate protection from the State and society. There is a

strong gender dimension to witch hunts tilted towards women, given that a large majority of

those killed in this patriarchal assertion are women, and amongst them widows, unmarried,

and divorced or separated women and those who dare to assert themselves. It is not only a

question of death for those condemned; those who escape death face a condemnation of

their futures. Once suspected and accused of witchcraft, the affected person lives in perpetual

fear and lifelong anxiety. They and their families are often subject to several human rights

violations.

The practice of witch-hunting is most common across these twelve States of India –

Jharkhand, Bihar, Haryana, West Bengal, Madhya Pradesh, Maharashtra, Gujarat, Odisha,

Chhattisgarh, Assam, Rajasthan and Uttar Pradesh.

India currently lacks clear national laws to prevent witch-hunting. Punishment is usually

awarded based on the Indian Penal Code, 1860. There is a failure to create a formal law on

witch-hunting that violates a range of core rights laid down in numerous international treaties

and conventions. It includes the right to non-discrimination, right to safety, right to life, right

to access to national Courts, and the most significant, right to live a decent life, free from

cruel and inhumane treatment.

Presently, section 323 of the Indian Penal Code, 1860 is used to deal with most cases of

witch-hunting. The effect of this is that the persistent harassment of a woman, violence,

social ostracization and deprivation of rights are prosecuted in the same way as a common

assault. In addition, certain provisions of the Indian Penal Code, 1860 have been typically

used to book offenders in cases relating to witch-hunting such as section 382 ‘theft after

preparation made for causing death, hurt or restraint in order to commit theft, sections 339—

48 ‘wrongful restraint and confinement’, sections 320—22, ‘Causing grievous hurt’, sections

359—69, ‘Kidnapping and abduction’, sections 375—376, ‘Rape’, sections 499—501,

‘Defamation’ and section 302, ‘Murder’. The loopholes in the law and order are evident from

the fact that, in most of the witch-hunting cases, the witch hunting laws of the respective

States are not invoked, rather only the relevant clauses of Indian Penal Code, 1860 are cited.

The use of the aforesaid sections in the absence of a stringent law to deal with the

problem of witch-hunting has resulted in an ad hoc, un-coordinated and often insensitive

approach to tackle the social evil of witch-hunting. A national law on the other hand would

acknowledge, understand and address the specific harms and specific wrong done to women

who are labelled as witches and subjected to oppression. There is a need to prevent, prohibit

and prosecute witch-hunting as a specific manifestation of ongoing discrimination and

violence against women across India.

In summation, there is a clear need for building up a National Law for criminalizing

witch-hunting practitioners and mob-violence against targeted families. Criminalisation and

punishing those involved in witch-hunting is the most appropriate way to end superstition,

harmful practices and provide redress to victims.

The proposed Bill, therefore, seeks to provide for more effective measures to protect

people from ‘witch-branding and witch-hunting’ and prevent the act of torture, oppression,

humiliation and killing by providing punishment for such offences, relief and rehabilitation

of victims of such offences.

Hence, this Bill.

SUJEET KUMAR.

SEC. 2]

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145

148

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[PART II—

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

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

1. (1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2022.

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

in the Official Gazette, appoint.

2. In section 2 of the Code of Criminal Procedure, 1973 (hereinafter referred as Code),

sub-section (a) shall be renumbered as (aaa) and before sub-section (aaa), so renumbered,

the following shall be inserted, namely:—

"(a) 'anticipatory bail' means a bail that a person seeks in anticipation of an arrest

for an accusation under an offence that is non-bailable.

Short title and

commencement.

XXV

BILL NO. LXXXIV OF 2022

Amendment of

section 2.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

149

(aa) 'bail' means a surety bond that includes a personal bond from the accused

for his release by the Court, the police or the Investigating Agency which is a conditional

release based on the suspect's solemn undertaking to co-operate with both the

investigation and the trial."

(2) sub-section (a) shall be renumbered as (aaa).

3. For section 265H of the Code, the following shall be substituted, namely:—

"(1) A Court shall have, for the purposes of discharging its functions under this

chapter,—

(a) all the powers vested in respect of bail, trial of offences and other matters

relating to the disposal of a case in such Court under this Code; and

(b) the power to suo moto review cases under trial and make decision as to their

eligibility for plea bargaining".

4. In section 309 of the Code,—

(i) after proviso to sub-section (1), the following proviso shall be inserted,

namely:—

"Provided further that such adjournment or postponement of the

proceedings shall not affect the conclusion of the trial within a period of

two months from the date of filing the charge sheet, except in cases where the

delay is reasonable for the reasons recorded thereof."

(ii) in sub-section (2), after the words "and may by a warrant remand the accused

if in custody.", the words "and may release the accused on bail if the trial does not

relate to an offence under the Indian Penal Code, 1860 where the punishment for such

offence is life imprisonment or death or imprisonment exceeds seven years, or remand

the accused to further custody, for the reasons to be recorded in writing." shall be

inserted.

(iii) in sub-section (2), for the third proviso, the following proviso shall be

substituted, namely:—

"Provided also that, the Court if deems it necessary in the interests of

justice, may adjourn the proceedings for the purpose of enabling the accused

person to show cause against the sentence proposed to be imposed on him, for

such time as it considers reasonable and for the reasons to be recorded in

writing".

5. In section 358 of the Code,—

(i) for sub-section (1), the following sub-section shall be substituted, namely:—

"(1) Whenever any person causes a police officer to arrest another person,

if it appears to the Magistrate by whom the case is heard that there was no

sufficient ground for causing such arrest, the Magistrate may award such

compensation, to be paid by the person so causing the arrest to the person so

arrested, for his loss of time and expenses in the matter, and the damages incurred,

including but not limited to financial losses as the Magistrate thinks fit".

(ii) in sub-section (2), the words, "not exceeding one thousand rupees", shall be

omitted.

(iii) for sub-section (3), the following sub-section shall be substituted, namely:—

"(3) All compensation awarded under this section may be recovered as if

it were a fine, and, if it cannot be so recovered, the person by whom it is payable

Amendment

of Section

265H.

Power of the

Court in plea

bargaining.

Amendment

of section

309.

Amendment

of section

358.

45 of 1860.

150

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[PART II—

shall be sentenced to simple imprisonment for such term as the Magistrate

directs, unless such sum is sooner paid after taking into consideration the factors,

including but not limited to, the gravity of the offence the person so arrested is

charged with, and the extent of the damages incurred in the matter, including but

not limited to financial losses".

6. After section 358 of the Code, the following new section shall be inserted, namely:—

"358A. In section 436A of this Code, where the undertrial prisoner is detained

beyond the maximum period prescribed, the Magistrate may award such compensation,

as the Magistrate thinks fit in the interests of justice, after taking into consideration

the factors including but not limited to, the cause for delay, extent of the delay, and the

damages incurred by the reason of such delay including but not limited to financial

losses".

7. In section 436 of the Code, after sub-section (1), the following proviso shall be

inserted, namely:—

"Provided that the officer-in-charge or the Court, shall decide the bail application

within fourteen days from the first day of receiving such application."

8. After section 436A of the Code, the following new section shall be inserted, namely:—

"436B. A Court shall have, for the purposes of discharging its functions under

this chapter, the power to suo moto review cases undertrial and make decision as to

their eligibility for bail".

9. In section 437 of the Code,—

(i) in sub-section (1), after sub-clause (ii), the following sub-clause shall be

inserted, namely:—

"(iii) such person shall not be so released if on such release he may

directly or indirectly make any inducement, threat or promise to any person

acquainted with the facts of the case so as to dissuade him from disclosing such

facts to the Court or to any police officer or tamper with the evidence, or there

appear reasonable grounds to believe that the presence of such person required

for producing before the Court cannot be assured",

(ii) for sub-section (4), the following sub-section shall be substituted, namely:—

"(4) An officer or a Court not releasing any person on bail under

sub-section (1) or sub-section (2), shall record in writing his or its reasons for

not doing so."

(iii) for sub-section (5), the following sub-section shall be substituted,

namely:—

"(5) Any Court which has released a person on bail under sub-section (1)

or sub-section (2), may, if it considers it necessary so to do, direct that

such person be arrested and commit him to custody for the reasons to be

recorded in writing."

10. In section 438 of the Code, in sub-section (2), for clause (ii), the following clause

shall be substituted, namely:—

"(ii) the existence of reasonable grounds to believe that the applicant may

directly or indirectly make any inducement, threat or promise to any person acquainted

with the facts of the case so as to dissuade him from disclosing such facts to the court

or to any police officer or tamper with the evidence".

Insertion of

new section

358A.

Compensation

to undertrial

prisoners

detained

beyond the

maximum

prescribed

period.

Amendment

of section

436.

Insertion of

section 436B.

Power to take

suo moto

cognizance of

undertrial

prisoners.

Amendment

of section

437.

Amendment

of section

438.

STATEMENT OF OBJECTS AND REASONS

The Code of Criminal Procedure does not define the words 'Bail' and 'Anticipatory

Bail', and only categorizes the offence into bailable or non-bailable. While Code of Criminal

Procedure provides for the grant of bail as a right in bailable offences after furnishing of

bond with surety; in case of indigence, the officer in-charge or the Magistrate may, if deems

fit, provide bail without surety; and in case of cognizable offences the grant of bail is subject

to Magistrate's discretion.

2. There are reports of overcrowding in jails, in which two thirds of the prisoners are

undertrials and of these undertrials, the substantial number is of those who are arrested in

non-cognizable offence. The practice of indiscriminate arrests defeats the purpose of 'bail,

not jail', wherein bail is a rule and jail is an exception, as also reiterated in several judgments

of the Supreme Court, the latest being Satender Kumar Antil v/s CBI (CRL. No. 5191 of 2021).

The arrests shall be necessitated instead of being mandatory, and only where there is a

reasonable ground to believe that the accused will not appear before the Court at the stipulated

time and place, or there is a reasonable ground to believe that the accused may if not arrested

can tamper with the potential witnesses or evidence, then the accused may be so detained.

The condition of jails with majority of undertrials in non-cognizable offences frustrates the

spirit of liberty as a fundamental right enshrined in the constitution.

3. It is with this objective that the proposed Bill is presented to redefine a procedural

framework with regard to the bail provisions. The aim is to reduce the population of undertrials

in the jails whose arrests are not necessitated, the speedy disposal of bail applications so as

to bring in certainty, and narrow down the scope of discretionary power that exists with the

judiciary in deciding on bail applications.

Hence, this Bill.

SUJEET KUMAR.

SEC. 2]

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151

152

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[PART II—

A Bill to provide a framework for achieving net zero emissions by the year 2070 as per

India's nationally determined contributions under the United Nations Framework

Convention on Climate Change and to provide relief for vulnerable persons and

communities from drastic climate events in the form of maintaining a vulnerable

population registry at the State and the district levels and for matters connected

therewith or incidental thereto.

WHEREAS India is a signatory to the United Nations Framework Convention on

Climate Change (UNFCCC) and the Paris Agreement;

AND WHEREAS it is necessary to implement international obligations in connection

with minimizing and combating the adverse effects of climate change.

BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Net Zero Emissions Act, 2022.

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

in the Official Gazette, appoint.

Short title and

commencement.

XXVI

BILL NO. LXXXIII OF 2022

SEC. 2]

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153

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

(a) "adaptation" means and includes the process of adjustment to actual or

expected climate and its effects in human systems;

(b) "carbon capture and storage" means the process of capturing and storing

carbon dioxide (CO2) before it is released into the atmosphere;

identified by changes in either the mean or the variability in temperature, precipitation,

wind patterns and other measures, or all of the aforementioned measures, of climate

that persists for an extended period, typically decades or longer;

(d) "climate risk" means adverse consequences for human or ecological systems

arising out of drastic climate events;

(e) "climate vulnerable communities" includes but is not limited to indigenous

communities who experience lightened risk and increased sensitivity to climate change

and have less capacity and fewer resources to cope with, adept to or recover from

climate change.

(f) "Commission" means the Net Zero Emission Commission of India as

established under section 3 of this Act;

(g) "Community-Ecosystem-Based-Adaptation approach" means the efforts

made to achieve ecosystem restoration by encouraging reforestation or afforestation

at community level through treepreneurs, aiming at community engagement, synergy

between adaptation and mitigation, and behavioral modelling towards sustainable

livelihood;

(h) "Deviation Settlement Mechanism penalty" means a regulatory mechanism

set up by the State Electricity Regulatory Commissions to achieve stability in the

electricity grid by penalizing or rewarding for overdrawl or injection or underdrawal or

injection of electricity from the schedule as the case may be;

(i) "District Council" means the District Net Zero Emission Council established

under section 12 of this Act;

(j) "drastic climate event" means and includes a catastrophe, mishap, calamity

or grave occurrence of a sudden unprecedented nature in any area, arising out of

climate change related impacts which results in substantial loss of life, way of life or

human suffering or damage to, and destruction of property, or damage to the ecosystem

or degradation of, environment, and is of such a nature or magnitude as to be beyond

the coping capacity of the vulnerable persons of the vulnerable areas in the form of,

but not limited to natural disasters;

(k) "Emission Reduction Plan" means a plan established under section 18;

(l) "Interim Emissions Target" means the target as set under section 15 of this

Act;

(m) "milestone years" means any of the years 2030 or 2070, as the case may be;

(n) "mitigation measures" means the efforts that seek to prevent or slow down

the increase of atmospheric greenhouse gas concentrations by limiting current or

future emissions and enhancing potential sinks for greenhouse gases;

(o) "National Net Zero Emissions Target" means the target for achieving Net

Zero Emissions, as set under section 14 of this Act;

(p) "Net Zero Emissions" means cutting greenhouse gas emissions to as close

to zero as possible, with any remaining emissions re-absorbed from the atmosphere,

by oceans and forests;

Definitions.

154

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[PART II—

(q) "person" means an individual and does not include any company or limited

liability partnership or firm or association or body of individuals, whether incorporated

or not;

(r) "physical risk" means physical damage to social and economic infrastructure

as a result of climate change.

(s) "Renewable Energy Forecasting" means information on the predicted

alterations in the renewable energy that is to be produced in the coming years;

(t) "Renewable Purchase Obligation" means a mandate to purchase a minimum

specified quantity of renewable energy by the obligated entities;

(u) "State Council" means the State Net Zero Emission Councils established

under section 10 of this Act;

(v) "systems thinking" means a way of thinking in a critical manner whereby the

connections between the system's components are examined to comprehend a problem

and make better decisions;

(w) "transition risks" means financial risks resulting from societal and economic

changes towards a low-carbon and more environmentally sound future;

(x) "treepreneurs" means a community volunteer group, made responsible for

the reforestation or afforestation drive, as the case may be, wherein indigenous seed

varieties are planted to replace the invasive varieties.

CHAPTER II

NET ZERO EMMISSION COMMISSION OF INDIA

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

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

Commission to be called as the Net Zero Emission Commission of India to perform the

functions assigned to the Commission under this Act.

(2) The head office of the Commission shall be at Delhi and the Commission may, with

previous approval of the Central Government, establish offices at other places in India.

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

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

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

the said name, sue or be sued.

4. (1) The Commission shall consist of the following members:—

(i) a full-time Chairperson, being a person having specialized knowledge

and scientific understanding of climate change and environment related impacts,

to be appointed by the Central Government and shall exercise such powers and

perform such duties, as may be prescribed.

(ii) not exceeding three expert members, having specialized knowledge

and practical experience in the field of climate change and the environment

including pollution and emission control, disaster and energy resource

management, to be appointed by the Central Government.

(iii) eight ex-officio members to be nominated by the Central Government one

each from the following:

(a) Ministry of Home Affairs;

(b) Ministry of Environment, Forest and Climate Change;

Constitution

of the Net

Zero

Emission

Commission

of India.

Composition

of the

Commission.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

155

(d) Ministry of Agriculture and Farmers Welfare;

(e) Ministry of New and Renewable Energy;

(f) Ministry of Corporate Affairs;

(g) Ministry of Tribal Affairs; and

(h) Ministry of Jal Shakti.

(iv) five non-official members to be appointed from amongst specialists,

scientists and non-governmental organizations having special knowledge of, or

experience in, matters relating to climate change and related impacts, emission control

and climate sciences forming a Scientific Advisory Committee.

(2) The Central Government shall ensure equal representation of men and women

while appointing members to the Commission in the form of expert; ex-officio and

non-official members.

(3) The Central Government may appoint such number of officers and staff to the

Commission as may be required for its efficient functioning.

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

the Chairperson and the other members, other than ex-officio members, officers and staff of

the Commission shall be such as may be prescribed by the Central Government.

5. (1) The Chairperson and other members of the Commission may at any time resign

from their office by writing under their hand addressed,—

(a) in the case of the Chairman, to the Central Government; and

(b) in any other case, to the Chairperson of the Commission.

(2) Notwithstanding anything contained in sub-section (1), the Central Government

may remove from the Commission any member who, in its opinion, has—

(a) been adjudged as an insolvent; or

(b) been convicted of an offence which involves moral turpitude; or

(d) so abused his position as to render his continuance in office detrimental to

the public interest; or

(e) acquired such financial or other interest as is likely to prejudicially affect his

functions as a member.

6. (1) The Commission shall meet at least once in every six months at such time and

place and shall observe such rules of procedure in regard to the transaction of business at

its meetings, including the quorum at its meetings, as may be prescribed:

Provided if, in the opinion of the Central Government or the Chairperson, any business

of an urgent nature is to be transacted, a meeting of the Commission at such time as deemed

fit for the aforesaid purpose, may be convened:

(2) The Chairperson shall preside at the meetings of the Commission.

(3) If for any reason the Chairperson is unable to attend any meeting of the Commission,

any senior member of the Commission chosen by the members present at the meeting shall

preside at the meeting.

(4) All questions which come before any meeting of the Commission shall be decided

by a majority of votes of the members present and voting and in the event of equality of

votes, the Chairperson or, in his absence, the person presiding, shall have and exercise a

second or casting vote.

Removal of

Chairperson

and members

of the

Commission.

Meetings of

the

Commission.

156

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(5) Every member who is in any way, whether directly, indirectly or personally,

concerned or interested in a matter to be decided at the meeting shall disclose the nature of

his concern or interest and after such disclosure, the member concerned or interested shall

not attend that meeting.

(6) No act or proceeding of the Commission shall be invalidated merely by reason of—

(a) any vacancy in, or any defect in the constitution of, the Commission; or

(b) any defect in the appointment of a person acting as a member; or

of the case.

7. If any default is made in holding a meeting of the Commission in accordance with

sub-section (1) of section 6, every officer of the Commission who is in default shall be

punishable with fine which may extend to one lakh rupees and in the case of a continuing

default, with a further fine which may extend to five thousand rupees for every day during

which such default continues.

8. (1) The Commission shall constitute a committee to be known as the Scientific

Advisory Committee in such manner as may be prescribed to inform and advise the Central

Government and the Commission on the emission trends and on any other matter as deemed

fit by the Central Government and the Commission in the form of a report every three

months.

(2) The Commission shall constitute a committee to be known as the Net Zero Emission

Advisory Committee in such manner as may be prescribed to inform and advise the Central

Government and the Commission on the net-zero emission trajectory planning in achieving

net zero emissions by the year 2070 or any other matter referred to it by the Central Government

and the Commission.

(3) Without prejudice to the provisions of sub-section (1) and (2) the Commission

may constitute such a number of committees as it deems fit for the efficient discharge of its

duties and performance of its functions under this Act, in such manner as may be prescribed.

(4) A committee constituted under this section shall co-opt such number of persons,

who are not the members of the Commission, as it may think fit and the persons so co-opted

shall have the right to attend the meetings of the Committee and take part in its proceedings

but shall not have the right to vote.

(5) The persons appointed as members of the committee under sub-section (2) shall

be entitled to receive such allowances or fees for attending the meetings of the Committee

as may be fixed by the Central Government.

9. (1) The Commission shall—

(a) advice the Central Government upon review of the National Net Zero

Emissions Target and, if necessary, recommend changes to the target;

(b) advise the Central Government on matters relating to countering the adverse

impacts of climate change on vulnerable communities and eco-sensitive zones;

reduction targets at the national and international level;

(d) prepare annual national climate change risk assessments as specified in

section 23 of this Act;

(e) ensure coordination with other ministries of the Central Government and for

purposes connected therewith, to appoint nodal officers in other ministries for

ensuring proper coordination between the Commission and the Central Government

with the aim of implementation of this Act.

Punishment

for default in

holding

meetings.

Committees

of the

Commission.

Functions of

the

Commission.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

157

(f) conduct awareness and training programmes for officers and personnel; and

(g) perform such other functions as may be prescribed, by the Central

Government, for carrying out of the objectives of this Act.

CHAPTER III

STATE NET ZERO EMISSION COUNCILS AND DISTRICT NET ZERO EMISSION COUNCILS

10. (1) Every State Government shall, by notification in the Official Gazette, establish

with effect from such date as it may specify in such notification, a State Net Zero Emission

Council for the State.

(2) The State Council shall be an advisory body and consist of the following members,

namely:—

(a) the Minister-in-charge of Ministry of the Environment, Forest and Climate

Change in the State Government who shall be the Chairperson;

(b) such number of other official or non-official members to be nominated by

the State Government representing such interests as may be prescribed;

may be nominated by the Central Government from amongst persons of ability,

integrity and standing who have had experience in climate sciences or legal

environmental policy, environmental non-governmental organizations, including

climate activists, tribal welfare activists or social workers.

(3) Equal representation of men and women shall be ensured by the Central and State

Governments while appointing members to the State Council in the form of other official or

non-official members.

(4) The State Council shall meet as and when necessary but not less than two meetings

shall be held every year.

(5) The State Council shall meet at such time and place as the Chairperson may think

fit and shall observe such procedure in regard to the transaction of its business, as may be

prescribed.

11. (1) Every State Council shall render advice to the State Government concerned on

setting specific emission targets in line with the National Net Zero Emission Target and on

countering the adverse localized impacts of climate change on vulnerable communities and

areas within the State.

(2) Without prejudice to sub-section (1), the State Council shall—

(a) prepare an Annual State Emission Reduction Plan on the lines of the National

Emission Reduction Plan, as may be prescribed;

(b) deliberate and discuss on important interventions and measures undertaken

to counteract the adverse impacts of climate change;

(d) conduct emission trend analysis at the State level to inform and advice the

State Government on emission control measures.

12. (1) Every State Government shall, by notification in the Official Gazette, establish

for every District with effect from such date as it may specify in such notification, a District

Net Zero Emission Council for such district.

(2) The District Council shall be an advisory body and consist of the following

members, namely:—

(a) the District Magistrate of the district, by whatever name called, who shall be

the Chairperson; and

State Net

Zero

Emission

Council.

Functions of

State Council.

District Net

Zero

Emission

Council.

158

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(b) such number of other official and non-official members, to be nominated by State

Government, representing climate scientists, non-governmental organizations working for

the welfare of women and children, tribal groups and the environment, as may be prescribed.

(3) The District Council shall meet as and when necessary but not less than two

meetings shall be held every year.

(4) The District Council shall meet at such time and place within the district as the

Chairperson may think fit and shall observe such procedure in regard to the transaction of

its business as may be prescribed.

13. (1) Every District Council shall render advice for setting district specific emission

targets in line with the National Net Zero Emission Target and on countering the adverse

localized impacts of climate change on vulnerable communities and areas within the district.

(2) Without prejudice to sub-section (1), the District Council shall—

(a) prepare an Annual district emission reduction plan on the lines of the National

Emission Reduction Plan, as may be prescribed;

(b) deliberate and discuss on important interventions and measures undertaken

to counteract the adverse impacts of climate change within the district;

(d) conduct emission trend analysis at the district level to inform and advice the

State Government on emission control measures.

CHAPTER IV

EMISSION REDUCTION

14. (1) The National Net Zero Emission Target shall be fixed by the Central Government,

in such manner that the net accounting emissions of greenhouse gases in a calendar year,

other than biogenic methane, are zero by the calendar year beginning on first day of January

in 2070 and for each subsequent calendar year; and

(2) The National Net Zero Emission Target shall be considered to have been achieved

if emission reductions meet or exceed those required thereunder.

15. (1) The Central Government shall fix the target for emissions reduction for the year

2030 to be known as the Interim Emission Target, requiring to—

(a) reduce by the year 2030 emissions intensity by forty-five per cent. from 2005

levels;

(b) achieve about fifty per cent. cumulative electric power installed capacity

from non-fossil fuel-based energy resources by the year 2030, with the help of transfer

of technology and low-cost international finance including from Green Climate Fund;

carbon dioxide equivalent through additional forest and tree cover by the year 2030.

(2) The Interim Emission Target shall be considered to have been achieved if emissions

reductions meet or exceed those required by the target as per the 2005 levels.

16. (1) Notwithstanding the provisions of section 9, the Central Government may

direct the Commission to conduct a review of the National Net Zero Emissions Target and

the Interim Emission Target and report thereon and the Commission shall submit its report

within six months of receipt of such direction.

Functions of

the District

Council.

National Net

Zero

Emissions

Target.

Interim

Emissions

Target.

Review of

targets.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

159

17. (1) The Commission shall on the basis of the review under section 16, or otherwise,

recommend changes in,—

(a) the time frame for achievement of the National Net Zero Emissions Target or

the Interim Emission Target or parts thereof;

(b) the levels of emission reductions required by the National Net Zero Emissions

Target or the Interim Emission Target or parts thereof;

Net Zero Emissions Target or the Interim Emission Target or parts thereof applies or

both.

(2) The Commission may recommend a change in the Net Zero Emission Target

only if—

(a) significant change has occurred, or is likely to occur, since the submission

of the report to one or more of the following,—

(i) India's obligations under relevant international agreements;

(ii) scientific understanding of climate change;

(iii) India's economic or fiscal circumstances;

(iv) technological developments;

(vii) equity implications, including generational equity;

(viii) the principal risks and uncertainties associated with emissions

reductions and removals; and

(ix) social, cultural, environmental, and ecological circumstances.

(b) the Commission is satisfied that the significant change justifies the change

to the target.

18. (1) The Central Government shall prepare a draft Emission Reduction Plan within

six months of coming into force of this Act.

(2) The draft Emission Reduction Plan shall include, but not be limited to, the

following—

(a) a detailed plan to phase-out the greenhouse gas emissions in India as per

the targets set by the milestone years;

(b) measures to address off-shore emissions from international shipping and

airplane emissions;

(d) a multi-sector strategy to meet emissions budgets and improve the ability of

those sectors to adapt to the effects of climate change;

(e) provision of utility infrastructure for green energy distribution, in the form

of a stringent Renewable Purchase Obligation framework, establishment of a specialized

agency for advanced Renewable Energy Forecasting that aims at reduced power

procurement cost, abolition of Deviation Settlement Mechanism penalty, and reduced

grid disturbances and outages;

(f) integration of Community-Ecosystem-Based Adaptation Approach in India's

Climate adaptation and mitigation measures;

(g) integration of climate change risks into financial stability framework, so as

to cover both physical risks and transition risks, formulate strategy to address climate

change risks and the constitution of appropriate governance structure to that effect,

Revision of

targets.

Emission

Reduction

Plan.

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THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

adoption of climate risk related financial disclosures and reporting mechanism, and

capacity building of relevant stakeholders;

(h) provision for early-warning systems using sensors across water bodies

and drains, and a network of communication for hotspots of emerging flood risk in the

monsoon season;

(i) provision for early-warning systems to inform shift in wind patterns or other

climatic variability that affects agriculture, and devise technical solutions for building

in resilience and to suggest measures for diversifying crop varieties, support terrain

specific crops, shifting crop patterns, and any other measures as required on case-to-case

basis;

(j) provision for climate change resilient infrastructure that responds to and is

aligned with the needs of vulnerable communities, the prevailing climatic conditions

and topography;

(k) provisions for essential training resources and capacity building in climate

risk management, disaster management, local area development, green entrepreneur

drives, preparation of a team of dedicated professionals at national, state and district

level to oversee the implementation of climate adaptation and mitigation measures;

(l) incorporation, wherever deemed necessary, of the climate smart public-

private-partnerships for leveraging the low carbon pathways in infrastructure

development, technical expertise, and financial resources;

(m) provision for developing climate change education curriculum involving

'systems thinking' to be adopted across the country; and

(n) any other policies or strategies that the Ministry considers necessary.

(3) The Commission may advise the Central Government on the direction of

implementation of the policy required in the draft Emissions Reduction Plan within three

months or release of the plan.

19. (1) The Central Government shall make the draft Emission Reduction Plan publicly

available and conduct a public consultation, in cooperation with the Commission, in such

manner as may be prescribed.

(2) The public consultation shall include—

(a) inviting responses from the general public on the draft Emission Reduction

Plan from and not limited to civil society organizations and relevant stakeholders;

and

(b) any other appropriate mode as may be recommended by the Central

Government in consultation with the Commission.

20. The National Green Tribunal shall have power to fix responsibility and make a

declaration to that effect, together with award of cost in case of failure to meet the targets

specified under section 14 and section 15 of this Act.

CHAPTER V

PROTECTION OF VULNERABLE COMMUNITIES

21. (1) The State Councils and District Councils shall respectively maintain a localized

climate vulnerable community population registry.

(2) The registry shall be maintained in such manner as may be prescribed by the State

Government from time to time.

(3) The State Government may, subject to such conditions, restrictions and manner as

may be prescribed, on an application made in this behalf, grant a certificate of registration or

Public

consultation

for the

Emission

Reduction

Plan.

Effect of

failure to

meet the

targets.

Climate

vulnerable

communities

population

registry.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

161

certificate of climate vulnerability to communities or persons who may apply to be enrolled

in the registry.

(4) The State Government while determining the vulnerability of a person or a

community shall under this section have due regard to all or any of the following factors,

namely:—

(a) exposure to regional drastic climate variability;

(b) historical susceptibility to drastic climatic events according to available

sources of climate information;

events;

(d) access to technology and risk perceptions systems and their awareness;

(e) loss of livelihood and customary and cultural practices of communities;

(f) specialized impact of climate change unique to a person or community.

22. The Commission shall make recommendations to the Central Government to make

available to such climate vulnerable communities or persons who are enrolled in the climate

vulnerable community population registry, due to a drastic climate event, climate protection

in the form of one or more reliefs in the form of specialized schemes to provide climate

adaptation relief or climate rehabilitation relief or both.

CHAPTER VI

ADAPTATION AND MITIGATION

23. (1) The Scientific Advisory Committee established under the Commission shall no

later than one year after the commencement of the Act prepare the annual National Climate

Risk Assessment.

(2) The National Climate Risk Assessment shall,—

(a) assess the risks to India's economy, society, environment and ecology from

the current and future effects of climate change; and

(b) identify the most significant risks to India based on the nature of the risks,

their severity and the need for coordinated steps to respond to those risks in the next

six year period.

24. (1)The Commission shall prepare sectoral plans which shall be sector specific

and aimed at emission reduction in the form of continuous assessment and monitoring that

shall be undertaken by the Commission and the Committees, as may be prescribed.

(2) The sectoral plans at the State and District level shall be prepared by the State

Councils and District Councils, respectively in consultation with the respective State

Governments, District administration, and other relevant stakeholders, in such manner as

may be prescribed.

(3) For the purpose of clause (1), the sectoral plans shall include but shall not be

limited to the following sectors—

(a) energy sector;

(b) agricultural sector, livestock management;

(d) industrial sector; and

(e) urban and infrastructural planning.

Relief to

vulnerable

persons and

communities.

National

Climate Risk

Assessment.

Sectoral

Adaptation

and

Mitigation

plans.

162

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

CHAPTER VII

FINANCE, ACCOUNTS AND AUDIT OF THE NET ZERO EMISSION COMMISSION

25. (1) The Central Government may, by notification in the Official Gazette, constitute

a fund to be called the National Emission Reduction Fund that shall be utilized for green

house gas emission reduction activities as may be prescribed and there shall be credited

thereto—

(a) an amount which the Central Government may, after due appropriation made

by Parliament by Law in this behalf provide;

(b) any grants that may be made by a person or institution for the purpose of

emission reduction activities;

decided upon by the Central Government.

(2) Notwithstanding anything contained in any other law in force, the National

Emission Reduction Fund shall be exclusively utilized for-

(a) financing procurement of zero emission technology;

(b) financing emission reduction projects;

carbon sinks; and

(d) greenhouse gas emission reduction activities as may be prescribed by the

Central Government.

26. The Commission shall prepare, in such form and at such time in each financial year

as may be prescribed, its annual report, giving a full account of its activities during the

previous financial year and furnish, to the Central Government, before such date as may be

prescribed, its audited copy of accounts together with auditors report thereon.

27. (1) The Commission shall prepare a budget, maintain proper accounts and other

relevant records, including the accounts and other relevant records of the National Emission

Reduction Fund, and prepare an annual statement of account in such form as

may be prescribed by the Central Government in consultation with the Comptroller and

Auditor-General of India.

(2) The accounts of the Commission shall be audited by the Comptroller and

Auditor-General of India at such intervals as may be specified by him and any expenditure

incurred in connection with such audit shall be payable by the Commission to the Comptroller

and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any other person appointed by

him in connection with the audit of the accounts of the Commission shall have the same

rights and privileges and authority in connection with such audit as the Comptroller and

Auditor-General generally has in connection with the audit of the Government accounts

and, in particular, shall have the right to demand the production of books, accounts,

connected vouchers and other documents and papers and to inspect any of the offices of

the Commission.

(4) The accounts of the Commission as certified by the Comptroller and Auditor-

General of India or any other person appointed by him in this behalf together with the audit

report thereon shall be forwarded annually to the Central Government.

28. The Central Government shall cause the annual report of the Commission and

audit report to be laid, as soon as may be after they are received, before each House of

Parliament.

National

Emission

Reduction

Fund.

Annual

report of the

Commission.

Budget,

accounts and

audit.

Annual

report of the

Commission

to be laid

before Houses

Parliament.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

163

CHAPTER VIII

FINANCE, ACCOUNT AND AUDIT OF STATE COUNCIL

29. The State Government may, after due appropriation made by the State Legislature

by law in this behalf, pay to the State Council by way of grants or loans such sums of money

as the State Government may think fit for being utilized for the purposes of this Act.

30. (1) There shall be constituted a fund to be called the State Emissions Reduction

Fund and there shall be credited thereto—

(a) any grants and loans made to the State Council;

(b) any grants or loans made by the Commission;

decided upon by the State Government.

(2) The State Emission Reduction Fund shall be utilized for—

(a) financing procurement of zero emission technology;

(b) financing emission reduction projects;

carbon sinks;

(d) conducting training and awareness programmes on achieving net zero carbon

emissions; and

(e) any other expenses incurred in activities related to greenhouse gas emission

reduction.

31. Every State Council shall prepare, in such form and at such time in each financial

year as may be prescribed, its annual report, giving a full account of its activities during the

previous financial year, and submit a copy thereof to the State Government.

32. The accounts of the State Council shall be maintained and audited in such manner

as may, in consultation with the Accountant-General of the State, be prescribed and the

State Council shall furnish, to the State Government, before such date as may be prescribed,

its audited copy of accounts together with audit report thereon.

33. The State Government shall cause the annual report and audit report of the State

Council to be laid, as soon as may be after they are received, before each House of State

Legislature where it consists of two Houses, or where such Legislature consists of one

House, before that House.

CHAPTER IX

FINANCE, ACCOUNT AND AUDIT OF DISTRICT COUNCILS

34. The State Government may, after due appropriation made by the State Legislature

by law in this behalf, pay to the District Council by way of grants or loans such sums of

money as the State Government may think fit for being utilized for the purposes of this Act.

35. (1) There shall be constituted a fund to be called the District Emissions Reduction

Fund and there shall be credited thereto—

(a) any grants and loans made to the District Council;

Grants of

money by

State

Government

to State

Council.

State

Emissions

Reduction

Fund.

Annual report

of State

Council.

Audit of

accounts of

State Council.

Annual report

and audit

report of

State Council

to be laid

before the

Houses of

State

Legislature.

Grants of

money by

State

Government

to District

Council.

District

Emissions

Reduction

Fund.

164

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(b) any grants or loans made by the Commission or the State Council;

decided upon by the State Government.

(2) The District Emission Reduction Fund shall be utilized for—

(a) financing procurement of zero emission technology;

(b) financing emission reduction projects;

carbon sinks;

(d) conducting training and awareness programmes on achieving net zero carbon

emissions; and

(e) any other expenses incurred in activities related to greenhouse gas emission

reduction.

36. Every District Council shall prepare, in such form and at such time in each financial

year as may be prescribed, its annual report, giving a full account of its activities during the

previous financial year, and submit a copy thereof to the State Government.

37. The accounts of the District Council shall be maintained and audited in such

manner as may, in consultation with the Accountant-General of the State, be prescribed and

the District Climate Council shall furnish, to the State Government, before such date as may

be prescribed, its audited copy of accounts together with audit report thereon.

38. The State Government shall cause the annual report and audit report of the each

District Council to be laid, as soon as may be after they are received, before each House of

State Legislature where it consists of two Houses, or where such Legislature consists of

one House, before that House.

CHAPTER X

MISCELLANEOUS

39. Any dispute arising from any order or decision made by the Central Government

or the Commission under the provisions of the Act shall lie before the National Green

Tribunal within six months from the date on which such a dispute arose.

40. No civil court shall have jurisdiction to entertain any suit or proceeding in respect

of any matter which the National Green Tribunal is empowered by or under this Act to

determine, and no injunction shall be granted by any Court or other authority in respect of

any action taken or to be taken in pursuance of any power conferred by or under this Act.

41. The provisions of this Act shall be in addition to and not in derogation of the

provisions of any other law for the time being in force.

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

Government may, by order in the Official Gazette, make such provisions not inconsistent

with the provisions of this Act as may appear to it to be necessary or expedient for

removing the difficulty.

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

for carrying out the purposes of this Act.

(2) The State Government may by notification in the State Gazette, consistent with

this Act and the rules may be the Central Government, make rules for carrying out the

purposes of this Act.

Annual

report of the

District

Council.

Audit of the

accounts of

District

Council.

Annual

report of the

District

Council to be

laid before

the Houses of

State

Legislature.

Power to

adjudicate

disputes.

Bar of

Jurisdiction.

Act not in

derogation of

any other

law.

Power for

removal of

difficulties.

Power of

Central

Government

to make rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

165

(3) Every rule made by the Central Government under this section shall be laid, as

soon as may be after it is made, before each House of Parliament while it is in session for a

total period of thirty days which may be comprised in one session or in two or more

successive sessions, and if, before the expiry of the session immediately following the

session or the successive sessions aforesaid, both Houses agree in making any modification

in the rule or both Houses agree that 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.

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

as may be after it is made, before each House of the State Legislature where it consists of

two Houses, or where such Legislature consists of one House, before that House.

166

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

India is amongst the top three polluting nations in the world and the ten of the fifteen

most polluted cities in the world are in India. Air pollution is considered the world's biggest

environmental threat today, with the deaths accounting for over seven million across the

world. In India, the share of premature deaths due to air pollution is 17.8% of all deaths.

According to a recent scientific study, all 1.3 billion people of India reside in places where

the average annual particle pollution level surpasses limits prescribed by the World Health

Organization, and at the given rate of pollution level, the life expectancy of roughly 40 per cent.

of India's population would decrease by an average of 7.6 years particularly in the

Indo-Gangetic plains (IGP) in Northern India.

As per the national report of the Ministry of Earth Sciences, the rising greenhouse

gases emissions is the primary reason behind the rising average temperature levels. By the

end of 21st century, the temperature in India is projected to increase by 2.7 degree Celsius

if all mitigation measures are undertaken, and by 4.4 degree Celsius if no such measures are

undertaken. The rising temperatures are the key contributor towards extreme climatic events

characterized by extreme droughts, intense heat waves, severe cyclones, heavy floods, the

shift in monsoon patterns, and rising sea levels.

It is pertinent for a country like India to take measures towards lowering the

emissions so as to not expose its people to adverse consequences of climate change. The

most impacted and vulnerable groups are to be especially identified, provided for, and

protected. However, as is known from the Global Climate Index, 400 million poor people are

directly impacted by loss of livelihood loss in India, since they depend on climate sensitive

sectors. Further, as per 5th Assessment Report of Inter-Governmental Panel of Climate

Change, the marginalized and poor sections are directly and more gravely affected by

climate change impacts.

It is in this spirit, that the Bill proposes to address the rising emissions and the

resultant climate change impacts, provide special consideration for vulnerable groups facing

the socio-economic challenges exacerbated by climate change, design a three-tier

comprehensive adaptation and mitigation plan for the country that aims at capacity building

of all stakeholders involved, building resilient infrastructure, and consultative and

deliberative decision making process enshrining inclusivity and participatory democracy in

line with the Nationally Determined Contributions declared by India under the Paris

Agreement.

Hence, this Bill.

SUJEET KUMAR.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

167

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for constitution of the Net Zero Emission Commission at

the national level and Clause 9 Bill provides for constitution of various Committees by the

Commissions. Clause 11 provides for constitution of the State Net Zero Emission Councils

and clause 14 provides for constitution of the District Net Zero Emission Councils.

Further, clause 28 provides for constitution of the National Emission Reduction Fund,

clause 33 provides for constitution of the State Emission Reduction Fund and, clause 38

provides for constitution of the District Emission Reduction Fund. Clauses 32 and 37 provide

for grants of money by the State Government to the State Emission Reduction Fund and the

District Emission Reduction Fund, respectively.

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

of India and of the States. It is estimated that a recurring expenditure of about rupees

200 crore would be incurred per annum from Consolidated Fund of India.

A non-recurring expenditure of about rupees 100 crore is also likely to be involved.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

169

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2022.

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

in the Official Gazette, appoint.

2. In article 84 of the Constitution, for clause (b), the following clause shall be

substituted, namely:—

"(b) is not less than twenty-one years of age;"

3. In article 173 of the Constitution, for clause (b), the following clasuse shall be

substituted, namely:—

"(b) is not less than twenty-one years of age;"

Short title and

commencement.

Amendment of

article 84.

Amendment of

article 173.

XXVII

BILL NO. LXXI OF 2022

170

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Article 84 and article 173 of the Constitution lay down the provisions of the Constitution

relating to the qualification of membership of Parliament and State Legislatures, respectively.

The articles stipulate the age for candidature for the representation of an individual in the

House of the People, Council of States, Legislative Councils, and Legislative Assemblies of

the States. The current qualification for membership of Parliament and State Legislature

stipulates the age for candidates i.e. twenty-five years for the House of People and the

Legislative Assemblies; and thirty years for the Council of States and the Legislative Council.

2. It is proposed in this Bill that the age for candidature shall be changed to twenty-one

years for the House of People and Legislative Assemblies; and Council of States and

Legislative Councils.

3. Youth of our country has been serving as public servants and contributing actively

to the executive part of Indian Democracy. India has one of the youngest population in the

world. More than fifty per cent of its population is estimated to be under twenty-five years.

Young men and women actively engage in our electoral processes by exercising their franchise.

A large number of youth from the age of twenty-one are also contributing to nation building

and strengthening our democratic values at the grassroots through candidature at the

Panchayat level. It is natural that those youth will lead our country by becoming public

representatives at the Central and State level. This amendment to the Constitution of India

will give an opportunity to the youth of this nation to contribute to legislation, by becoming

a part of the Legislature of India.

This Bill seeks to achieve the above objectives.

JAYANT CHAUDHARY.

172

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

(a) ‘‘Temple’’ means the Sarva Dharma Temple established under section 3;

(b) ‘‘Trust’’ means the Sarva Dharma Temple Trust established under section 4;

and

section 6.

3. (a) There shall be established a temple to be known as the Sarva Dharma Temple

with such structure as specified in the Schedule.

(b) The location of the Temple shall be on the banks of the river Hooghly in the city of

Kolkata, State of West Bengal.

4. There shall be a Trust, namely, the Sarva Dharma Temple Trust to be established

under the Indian Trust Act, 1882 for the purpose of erection and management of the Temple.

5. The objects of the Trust shall be:—

(a) to erect and maintain suitable buildings, structures and parks on the banks

of the river Hooghly in the city of Kolkata, State of West Bengal;

(b) to acquire lands, buildings and other properties for the purposes of the

Trust; and

6. (1) The Trustees of the Temple shall be the following, namely:—

(a) the Prime Minister—Chairperson;

(b) the Union Minister in-charge of Culture;

where there is no such Leader of Opposition, the Leader of the single largest opposition

party in that House;

(d) the Governor of the State of West Bengal;

(e) the Chief Minister of the State of West Bengal; and

(f) three eminent persons to be nominated by the Central Government.

(2) The trustees shall be a body corporate with perpetual succession by the name of

the ‘‘Trustees of the Sarva Dharma Temple’’ and a common seal, and in that name shall sue

and be sued, and shall have power to acquire and hold property, to enter into contracts and

to do all acts necessary for, and consistent with, the purposes of this Act.

7. The Trustees nominated under clause (f) of sub-section (1) of section 4 shall be

Trustees for a period of five years, and shall be eligible for re-nomination.

8. All the funds and property, whether movable or immovable, which may hereafter be

given, bequeathed or otherwise transferred for the purposes of the Temple or acquired for

the said purposes shall vest in the Trustees.

9. The Central Government may, after due appropriation made by Parliament by law in

this behalf, provide grants to the Trust of such sums of money as the Central Government

may think fit, for the purposes of this Act.

10. (1) For the purposes of managing the affairs of the Trust, the Trustees may by

passing a resolution at a meeting, appoint a committee of management, and entrust to it

such powers, duties and functions, under such directions and limitations, as may be defined

by such resolution.

Definitions.

Establishment

of the Sarva

Dharma

Temple.

Establishment

of Sarva

Dharma

Temple Trust.

Objects of the

Trust.

2 of 1882.

Composition

of the

Trustees of

the Temple.

Term of office

of nominated

Trustees.

Property

vested in

Trustees.

Power of

Trustees to

appoint

committee of

management.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

173

(2) The Trustees may appoint any person as members of the committee of

management, whether such person are Trustees or not, and may, from time to time, very or

rescind any resolution passed by it under this section.

11. The Trust shall meet at least once in a year to approve the audited accounts of the

Trust and shall transact such other business as may be considered necessary.

12. No act of the Trustees shall be deemed to be invalid merely by reason any

vacancy in, or any defect in the constitution of, the body of Trustees.

13. (1) The accounts of the Trust shall be audited by the Comptroller and

Auditor-General of India at such intervals as may be specified by him and any expenditure

incurred in connection with such audit shall be payable by the Trust to the Comptroller and

Auditor-General.

(2) The Comptroller and Auditor-General and any person appointed by him in

connection with the audit of the accounts of the Trust under This Act, shall, have the same

rights and privileges and the authority in connection with such audit as the Comptroller and

Auditor-General generally has in connection with the audit of Government accounts and,

in particular shall have the right to demand the production of books, accounts, connected

vouchers and other documents and papers and to inspect the office of the Trust.

(3) The account of the Trust as certified by the Comptroller and Auditor-General or

any other person appointed by him in this behalf, together with the audit report thereon

shall be forwarded annually to the Central Government by the Trust and the Central

Government shall cause the audit report to be laid, as soon as may be after it is received,

before each House of Parliament.

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

to carry out the objects of this Act.

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

rules may provide for:—

(a) the manner in which funds belonging to the Temple shall be kept deposited

or invested;

(b) the mode of authentication of orders for payment of money by the Trustees;

publication of such accounts;

(d) the laying out, erection, improvement, maintenance and management of the

Temple and the care and custody of the properties thereof;

(e) the condition under which the public shall have access to the Temple or

particular parts thereof and the regulation of the conduct of persons entering the

precincts of the Temple; and

(f) the preservation of, and the prevention of injury to or interference with, any

property vested in the Trustees and the prevention of persons from trespassing into

any particular part of the Temple.

(3) A rule made under this section may provide that a breach of any rule made under

clauses (e) and (f) of sub-section (2) shall be punishable with fine which may extend to

one hundred rupees.

Power to

approve

audited

account.

Validity of

acts of

Trustees not

to be

questioned by

reason of

vacancy, etc.

Accounts and

audit.

Power to

make rules.

174

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[PART II—

15. The Trustees may make regulations consistent with this Act for all or any of the

following purpose, namely:—

(a) the manner in which meetings of the Trustees shall be convened, the quorum

for the transaction of any business threat and the procedure at such meetings;

(b) the manner in which a majority decision of the Trustees shall be obtained by

circulation to the Trustees of the matter requiring decision;

and duties, and the circumstances in which and the conditions subject to which such

powers and duties may be exercised; and

(d) the appointment of such officers and servants as may be necessary for the

purpose of the Trust, and their terms and conditions of service.

16. Every rule or regulation made under this Act shall be laid, as soon as may be after

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

days which may be comprised in one session or in two or more successive sessions, and if,

before the expiry of the session immediately following the session or the successive sessions

aforesaid, both Houses agree in making any modification in the rule or regulation or both

Houses agree that the rule or regulation should not be made, the rule or regulation shall

thereafter have effect only in such modified form or be of no effect, as the case may be; so,

however, that any such modification or annulment shall be without prejudice to the validity

of anything previously done under that rule or regulation.

Power of

Trustees to

make

regulations.

Rules and

regulations to

be laid before

Parliament.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

175

THE SCHEDULE

[See section 3(a)]

Structure of the Sarva Dharma Temple

1. The Temple shall be octagon-shaped, each of the eight symmetrical lines will have

an entry to each of the religions in the following manner:—

i) Line one Hindu

ii) Line two Christian

iii) Line three Islam

iv) Line four Sikhism

v) Line five Buddhism

vi) Line six Judaism

vii) Line seven Zoroastrian

viii) Line eight Other Spiritual Philosophy.

2. The center of the octagon shaped temple building shall be an octagon shaped

room depicting pure awareness, a space within space which is free from all beliefs which is

just "is".

3. The Temple shall provide equal space to all religious beliefs, which shall house the

spiritual aspects of that religion.

4. The Temple complex shall have a Library consisting of books of all religions.

5. The temple complex also shall have an auditorium to screen religious texts of all

religions, in their specified allotted time.

6. Space shall be allotted to each religion to conduct short term courses in spiritual

training.

7. The Temple shall hold annual religious functions among all religions to bring

communal harmony and spread religious and spiritual awareness and respect towards all

religion.

176

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[PART II—

STATEMENT OF OBJECTS AND REASONS

The noble object and reason for the need of the Sarva Dharma Temple is enshrined in

the Preamble of our great Constitution.

2. In the spirit of India being a secular State, it is proposed that there shall be the Sarva

Dharma Temple or Temple of all Religions which shall house all religions under one roof.

3. By the erection of this unique Temple, the nation shall bring people from all religions

under one platform which will help prevent misinformation about each other's religion and

increase mutual respect.

4. The Temple to be erected on the banks of the river Hooghly or the holy Ganges in the

city of Kolkata will bring all the more meaning as Bengal has given birth to great spiritual

thinkers such as Chaitanya Mahaprabhu, Swami Vivekananda, Paramahamsa Yogananda,

Swami Pranavanandaji Maharaj founder of Bharat Sevashram Sangha. It is also Mother

Teresa's Karma Bhumi, not to mention many great Muslims saints lived in this great city.

5. The growing false perception and fake propaganda news being circulated around

the world against India being intolerable towards other religions, needs to be defeated. This

temple is the need of the hour to clean India's secular image. The need is, therefore, to

recognize India's great spiritual culture and heritage and its age old tradition of acceptability

of all religious beliefs.

6. The Temple will bring forth the fact that India upholds and cherishes its secular

status dearly and will permanently stop false propaganda by foreign forces against India's

great secular status which is our pride.

Hence, this Bill.

SHANTA CHHETRI.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

179

XXIX

BILL NO. LXXX OF 2022

Short title and

commencement.

A Bill to provide for social security to orphan children, to ensure proper upbringing

of the orphan child, to ensure a bright future for the child and for

matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

follows:—

1. (1) This Act may be called the Maa Mamata Act, 2022.

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

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

that State and in other cases, the Central Government;

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

both of his biological parents and registered in Central Registry of orphans as created

under section 9 of the Act;

Definitions.

180

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(d) “Registry” means the Central Registry of Orphans established under section 9

of this Act;

(e) “Scheme” means the Maa Mamta Scheme as formulated under section 3 of

the Act; and

(f) “social security” means provision of food, shelter, education, healthcare, job

reservation quota, establishment of recreation centers and other amenities necessary

for the welfare of orphan child.

3. (1) The Central Government shall formulate a scheme to be known as “Maa Mamata

Scheme” to provide social security to all orphan children and to ensure healthy upbringing

at par with those children with biological parents and also ensure protection from exploitation

and ill treatment so as to ensure peaceful life thereon.

(2) The appropriate Government shall provide every orphan child under the Scheme—

(i) a Bank account and deposit such monthly amount as may be prescribed,

which shall be handed over to the child on attaining eighteen years of age;

(ii) Free education;

(iii) Free medical and health care facilities;

(iv) Free food, lodging and clothing;

(v) Free travel by road, railways or by air;

(vi) Free sports facilities; and

(vii) Free legal assistance.

4. The appropriate Government may establish and maintain orphan homes at

accessible places in each district which shall have such facilities as may be prescribed for

orphan child.

5. The appropriate Government shall take all measures to create awareness amongst

public about rights of orphan child and give wide publicity to the provisions of this Act by

organizing seminars, symposia, lectures and conferences.

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

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

purposes of this Act.

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

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

being in force.

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

law for the time being in force regulating any of the matters dealt with this Act.

9. (1) The Central Government shall establish maintain and operate a Registry to be

known as the Central Registry for Orphans, for implementation of “Maa Mamta Scheme.”

(2) The Registry shall contain such details of every orphan child as may be prescribed.

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

rules for carrying out the purposes of this Act.

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

may be after it is made, before each House of Parliament, while it is in session, for a total

period of thirty days which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree in making any modification in the rule or

Establishment

of orphan

homes.

Measures for

publicity,

awareness for

welfare of

orphan child.

Act to have

overriding

effect.

Central

Government

to provide

funds.

Maa Mamta

Scheme.

Act not in

derogation of

other laws.

Central

Registry for

Orphans.

Power to

make rules.

STATEMENT OF OBJECTS AND REASONS

An orphan child is deprived of love, care, respectable upbringing and security, which

any child with biological parents naturally inherits.

2. An orphan child is the most deprived class of people both materially and emotionally.

Hence, the Government of the day has to step in with motherly love, compassion and care

for these children and formulate a "Maa Mamta Scheme".

3. The proposed Bill seeks to provide every such rightful needs that an orphan child

will require to become a respectable contributing adult of the society.

4. Therefore, the Government should provide compulsory social security to the orphan

child. There should also be provision for financial security, education, food lodging and

clothing along with medical care for the orphan child and they should be given protection

against ill-treatment and exploitation.

Hence, this Bill.

SHANTA CHHETRI.

182

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for social security to orphan child, monthly bank savings

for child welfare in future, free education, food, clothing and lodging, medical and other

healthcare facilities, free travel and free legal assistance may be provided to orphan child.

Clause 4 provides for establishment of homes for orphan child. Clause 5 provides for

measures for creating awareness among public about the rights of orphan child.

Clause 6 provides for payment of adequate funds to the States for carrying out the purposes

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

fund of India.

It cannot be estimated at this stage as to how many orphan child will need assistance

from the Central Government. However, an annual recurring expenditure of about rupees

nine hundred crore is likely to be involved from the Consolidated Fund of India.

A non-recurring expenditure to the tune of about rupees seventy crore is also likely to

be involved.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

183

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

185

A Bill to provide for the welfare of traditional sculptors, artists and artisans of Darjeeling

Hills area belonging to the Gorkha community and for matters connected therewith

or incidental thereto.

BE it enacted by Parliament in the Seventy Third Year of the Republic of India as

follows"—

1. (1) This Act may be called the Gorkha Sculptors, Artists and Artisans of Darjeeling

Hills Welfare Act, 2022.

(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) "artisan" means any person belonging to the Gorkha community engaged in

making useful, decorative or artistic items manually from leaves or weeds or bamboo or

any other material by traditional means in Darjeeling Hills area for earning his livelihood;

Short title and

commence-

ment.

Definitions.

XXX

BILL NO. LXIV OF 2022

186

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(b) "artist" means any person belonging to the Gorkha community who earns his

livelihood by performing arts including music, dance, drama, play, singing to entertain

public or displaying of his paintings or artistic skill to public in Darjeeling Hills area;

Welfare Board set up under section 4;

(d) "Fund" means the Gorkha Sculptors, Artists and Artisans of Darjeeling Hills

Welfare Fund set up under section 3;

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

(f) "sculptor' means any person belonging to the Gorkha community engaged in

carving of statues or making of decorative pieces or any other useful items from clay,

cement, stone or any other material in Darjeeling Hills area for earning his livelihood.

3. (1) The Central Government shall set up a Fund to be known as the Gorkha Sculptors,

Artists and Artisans of Darjeeling Hills Welfare Fund.

(2) The Central Government and State Governments shall contribute to the Fund in

such proportion, as may be prescribed.

4. (1) The Central Government shall set up a Board to be known as the Gorkha Sculptors,

Artists and Artisans of Darjeeling Hills Welfare Board for carrying out the purposes of this

Act.

(2) The Board shall consist of following members, nemely:—

(a) the Union Rural Development Minister who shall be its Chairperson, ex-

officio;

(b) five members representing the Non-Governmental Organisations working for

the welfare of sculptors, artists and artisans in rural areas of West Bengal, to be

appointed by the Central Government; and

be appointed by the Central Government.

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

members of the Board shall be such as may be prescribed by the Central Government.

5. (1) The Board shall administer the Fund for the welfare of Gorkha Sculptors, artists

and artisans of Darjeeling Hills Area.

(2) Without prejudice to the generality of the foregoing provision, the Fund shall also

be used for.—

(a) payment of compensation to the next of kin of the sculptors, artists and

artisans in the event of death during work;

(b) payment of premium for life insurance;

(d) payment of disability allowance;

(e) provision of free health care facility to sculptors, artists and artisans and their

family members;

(f) housing facility at subsidised rate; and

(g) financial assistance to sculptors, artists and artisans for production and

marketing of their products and organization and advertisement of events.

Setting up of

the Gorkha

Sculptors,

Artists and

Artisans of

Darjeeling

Hills Welfare

Fund.

Setting up of

Gorkha

Sculptors,

Artists and

Artisans of

Darjeeling

Hills Welfare

Board.

Functions of

the Board.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

187

6. The Board shall submit every year a report, in such form and manner as may be

prescribed, of its activities to the Central Government.

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