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EXTRAORDINARY

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PART II — Section 2

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PUBLISHED BY AUTHORITY

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

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

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REGISTERED NO. DL—(N)04/0007/2003—21

LOK SABHA

————

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

BILL NO. 36 OF 2021

A Bill further to amend the Railways Act, 1989.

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

follows:—

1. (1) This Act may be called the Railways (Amendment) Act, 2021.

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

in the Official Gazette, appoint.

2. After section 11 of the Railways Act, 1989, the following section shall be inserted,

namely:—

"11A. Notwithstanding anything contained in any other law for the time being in

force, the railway administration shall not transfer or vest any property, interest

in property, rights and liabilities in favour of any entity other than a Government

entity while executing any work specified in section 11.".

Insertion of new

section 11 A.

24 of 1989.

Short title and

commencement.

Restriction on

transferring

interest, rights

and liabilities

in favour of

any entity

other than a

Government

entity.

\\Server-3\F\Bill 2022\GI\1849GI\1849GI.p65

सी.जी.-डी.एल.-अ.-19012023-242075

CG-DL-E-19012023-242075

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Indian Railways is an important infrastructure that is held in the public sector. Any

attempt to privatise or attempts to introduce privatization in a phased manner or introducing

partial private ownership mandates or protocols shall have an undesirable impact on lives of

the common people as the railways is still an affordable and cost effective mode of mass

commutation being operated by the Ministry of Railways.

It is thus important to prevent any attempt to privatise the railway services and maintain

the railway services in governmental control and management with legislative changes

prohibiting any action which seeks to change its fundamental ownership character.

Hence, this Bill.

NEW DELHI;

KODIKUNNIL SURESH.

11 February, 2021

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 95 OF 2021

A Bill further to amend the Information Technology Act, 2000.

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

follows:—

1. (1) This Act may be called the Information Technology (Amendment) Act, 2021.

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

in the Official Gazette, appoint.

2. For section 43A of the Information Technology Act, 2000, the following section shall

be substituted, namely:—

"43A. Where a body corporate, possessing, dealing or handling any sensitive

personal and financial data or such information in a computer resources which it owns,

controls, operates either on its own or through intermediaries under agreement, is

negligent in implementing and maintaining security practices and effecting protocols

and thereby causes wrongful loss or wrongful gain to any person, such body corporate

shall be liable to pay damages by way of compensation with additional applicable

interest to the person so affected as determined by the competent authority or tribunal."

Short title and

commencement.

Substitution of

new section for

section 43A.

Compensation

for failure to

protect data.

21 of 2000.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENTS OF OBJECTS AND REASONS

The Information Technology Act, 2000, is an important gatekeeper legislation that

protects the rights to privacy of individuals utilizing the electronic and internet enabled

services and equipments provided by internet service providers in the country.

With alarming rise in breach of privacy and data, including personal and financial

identity being rampantly breached, often with established service provicers and companies

in connivance, it is imperative to consistently safeguard the right to privacy and data integrity

of individuals. It is imperative that timely statutory interventions and legislative is rendered

to streamline and operationalize a robust compensation mechanism to that the aggrieved

parties are compensated fairly.

The Bill, therefore, seeks to amend the Information Technology Act, 2000, with a view

to extent the ambit of the principal Act todelever recourse to end users by—

(a) protecting and safeguarding the rights of individuals against data theft and

data privacy by including financial data under the ambit of parent Act;

(b) imposing an obligation on the body corporate possessing, dealing or handling

any sensitive personal date, financial data or such information whether on its own or

through any intermediaries to implement and maintain security practices of such sen-

sitive personal data, etc.; and

body corporate in case of wrongful gain or wrongful loss compensations for losses

suffered to any person.

Hence this Bill.

NEW DELHI;

KODIKUNNIL SURESH.

25 January, 2021

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Short title and

commencement

2 of 2016.

Amendment

of section 75.

BILL NO. 85 OF 2021

A Bill further to amend the Juvenile Justice (Care and Protection of Children)

Act, 2015.

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

follows:—

1. (1) This Act may be called the Juvenile Justice (Care and Protection of Children)

Amendment Act, 2021.

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

in the Official Gazette, appoint.

2. In section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, for

the words "Whoever, having the actual charge of, or control over, a child, assaults, abandons,

abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted,

abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary

mental or physical suffering, shall be punishable with imprisonment for a term which may

extend to three years or with fine of one lakh rupees or with both:", the words "Whoever,

having the actual charge of, or control over, or responsibility of, a child, assaults, abandons,

abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted,

abandoned, abused, exposed or neglected in any manner likely to cause such child any

psychological or physical trauma or suffering, shall be punishable with imprisonment for a

term which may extend to seven years or with fine of ten lakh rupees or with both:" shall be

substituted.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Juvenile Justice (Care and Protection of Children) Act 2015, is an important

gatekeeper legislation that protects the rights of children. It is designed to consolidate and

amend the law relating to children alleged and found to be in conflict with law and children in

need of care and protection by catering to their basic needs through proper care, protection,

development, treatment, social re-integration, by adopting a child-friendly approach in the

adjudication and disposal of matters in the best interest of children and for their rehabilitation

through processes provided, and institutions and bodies established under the Act.

Despite the above law, there is alarming rise in cases of child abuse. It is, therefore,

necessary to amend this Act.

The Bill, therefore, seeks to amend the Juvenile Justice (Care and Protection of Children)

Act 2015, with a view to bring causing of psychological and physical trauma to a child within

the meaning of cruelty to child and to enhance the quantum of term of imprisonment and time

for offence of cruelty to child.

Hence, this Bill.

NEW DELHI;

KODIKUNNIL SURESH.

23 January, 2021

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Definitions.

Establishment

of the

National

Authority for

Rehabilitation

and Welfare of

Persons

Living around

Railway

Tracks.

Functions of

the Authority.

Central

Government

to provide

funds.

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

(a) ''around railway tracks'' means the land area extending upto twenty-five

meters on both sides of the railway tracks and includes land of such villages which are

close to the site of railway tracks;

(b) ''Authority'' means the National Authority for Rehabilitation and Welfare of

Persons Living around Railway Tracks established under section 3; and

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

an authority to be known as the National Authority for Rehabilitation and Welfare of Persons

Living around Railway Tracks for carrying out the purposes of this Act.

(2)The Authority shall consist of,—

(a) the Union Minister of Railways — Chairperson, ex-officio;

(b) twenty-eight members representing each of the States to be nominated by

the Central Government in consultation with the concerned State Governments;

period of not less than ten years, to be appointed by the Central Government in such

manner as may be prescribed;

(3)The headquarters of the Authority shall be at New Delhi.

(4)The Authority shall establish its offices in the capital city of every State and Union

territory.

(5)The Central Government shall provide such number of officers and other employees

to the Authority, as may be necessary, for carrying out the purposes of this Act.

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

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

4. (1) The Authority shall formulate a policy to provide for such measures, as may be

necessary, for the rehabilitation and welfare of persons living around railway tracks.

(2)The Authority shall provide to the persons living around railway tracks such

facilities, free of cost, namely:—

(i) dwelling units at alternate sites, in case their land is acquired by the Central

Government;

(ii) free educational facilities to the dependent children;

(iii) drinking water and sanitation facilities; and

(iv) healthcare facilities.

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

this behalf, provide requisite funds to the Authority for carrying out the purposes of this

Act.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Annual report.

Overriding

effect of the

Act.

Power to

remove

difficulties.

Power to

make rules.

6. The Authority shall prepare once in every calender year in such form and at such

time as may be prescribed, an annual report giving a true and full account of its activities

during the previous year and copies thereof shall be forwarded to the President of India who

shall cause the same to be laid before each House of Parliament.

7. Notwithstanding anything inconsistent therewith contained in any other law for

the time being in force, the provisions of this Act shall be in addition to and not in derogation

of any other law for the time being in force.

8. 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 order or give such

directions, not inconsistent with the provisions contained in this Act, as appears to it to be

necessary or expedient for the removal of such difficulty:

Provided that no such order shall be made after two years for the commencement 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 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.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Several persons come to big cities in search of livelihood as scant opportunities exist

in their native villages. They are force to stay back in the big cities and most of them have to

live around the railway tracks as they do not have the means to afford the expenses of living

in big cities and they also have a burden on their shoulders to send some money out of their

earnings to their families back home. In such a scenario, they are force to live in subhuman

conditions. Due to lack of civil amenities like latrines, they are force to defecate in the open

in all types of weather, i.e., scorching heat or rain. They do not have access to drinking water

and have to travel a long distance to fetch water for daily needs. Moreover, they have to live

in deprivation of educational facilities for their children and healthcare centres for their

families. Since ours is a welfare state, it is the duty of the Government to take care of its

citizens who are not in a position to take care of themselves. Thus, there is a dire need to

protect and rehabilitate the affected persons living around railway tracks.

Hence, this Bill.

NEW DELHI;

ALOK KUMAR SUMAN.

18 November, 2021

—————

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the establishment of the National Authority for the

rehabilitation and welfare of persons living around railway tracks. It further provides for

salary and allowances payable to the members, officers and employees of the National

Authority. Clause 4 provides for certain welfare measures to the people living around railway

tracks. Clause 5 provides for payment of funds to the Authority by the Central Government.

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

It is estimated that an annual recurring expenditure of about rupees three thousand will be

involved.

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

—————

MEMORANDUM REGARDING DELEGATED LEGISLATION

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

the purposes of the Bill. The rules will relate to matters of detail only. The delegation of

legislative power is of a normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Short title,

extent and

commencement.

Definitions.

BILL NO. 97 OF 2022

A Bill to provide financial assistance to the State Governments for protection of

water bodies.

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 Financial Assistance to the State Governments (For

Protection of Water Bodies) Act, 2022.

(2) It extends to the whole of India.

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

in the Official Gazette, appoint.

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

(i) "aquatic ecosystem" means all organic and inorganic matter and all living

organisms living in or located in or on water or the beds or shores of a water body;

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

State

Governments

to inform the

Central

Government.

Power of State

Governments

to make

regulation.

State

Government

to consider

the scientific,

intrinsic and

other

information

relating to

water bodies.

(ii) "drain" included gutters, wastewater canals, sewers and all outlets or flow of

waste water including overflow of rainwater;

(iii) "groundwater" means all water under the surface of the ground, whether in

solid or liquid form; and

(iv) "water body" means a body of flowing or standing water, whether natural or

artificial and whether the flow or presence of water is continuous, intermittent or

occurs only during a flood, including but not limited to a lake, river, creek, stream, tank,

well, pond and wetland.

3. Every State Government shall inform the Central Government—

(i) about the existence of water bodies in the respective State;

(ii) requirement of financial assistance to protect the water bodies in the State.

4. Every State Government shall, before informing the Central Government under

section 3, make a regulation for the purpose of—

(a) designating any area as a water quality control zone for the purpose of

protecting water, aquatic eco-system or drinking water source;

(b) governing, regulating or prohibiting any use or activity in a water quality

control zone or any part of a zone;

(d) ensuring clear separation between sewerage/waste water and sources of

clean water to avoid contamination; and

(e) ensuring quick absorption or clear flow of rain water for conservation.

5. Every State Government shall, before informing to the Central Government under

section 3, take into consideration the scientific, intrinsic and other information relating to—

(a) the physical characteristics of land in the area, including its topography and

soil types;

(b) the ability of the soil or water in the area to assimilate nutrients and other

pollutants;

(i) the quality characteristics of the water;

(ii) the susceptibility of the water to contamination or adverse changes in

level; and

(iii) the extent to which the water is undisturbed by human activity;

(d) the area's aquatic ecosystems;

(e) whether the area contains a source or a potential source, of drinking water;

(f) whether the area supports species that are sensitive to alterations in water

quality or quantity resulting from human activity;

(g) whether the area provides habitat for endangered species; and

(h) the perception of farmers and native inhabitants of the area regarding quality,

quantity and prospects of water in a particular zone including—

(i) the possibilities of flood and/or water logging; and

(ii) any other matter which the Government considers relevant.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Central

Government to

render

scientific and

technical

advice.

Central

Government

to provide

financial

assistance to

State

Governments.

Power to

make rules.

6. The Central Government shall render scientific and technical advice and assistance

to State Governments if so required to achieve the purposes of this Act.

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

law in this behalf, provide financial assistance to every State Government for protection of

water bodies and for promotion of rain harvesting and watershed management programmes.

(2) The Central Government shall before releasing the money, ensure that the State

Government has complied with the provisions of this Act.

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

for carrying out the purposes of this Act.

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

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

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

expiry of the session immediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or both the Houses agree that the

rule should not be made, the rule shall thereafter have effect only in such modified form or be

of no effect, as the case may be; so, however, that any such modification or annulment shall

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

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Water is the most valuable natural resource of a country. However, the scarcity and

supply of clean water is a major concern for the sustenance of human, animal, plant and

ecology. The protection of water resources/water bodies available in the country is an

endless - task to be completed by the Government. The major constraint in this regard is the

lack of financial resources available with the States.

The Bill, therefore, seeks to provide financial assistance to the State Governments for

the protection of water bodies and promotion of rain harvesting and watershed management

programmes.

Hence, this Bill.

NEW DELHI;

ALOK KUMAR SUMAN.

18 November, 2021

—————

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117(3)

OF THE CONSTITUTION

[Copy of letter No. P-22021/2/2021-O/o SJC(MI)-MOWR dated 4 February, 2022 from

Shri Gajendra Singh Shekhawat, Minister of Jal Shakti to the Secretary General,

Lok Sabha].

The President, having been informed of the subject-matter of the Financial Assistance

to the State Governments (For Protection of Water Bodies) Bill, 2022 by Dr. Alok Kumar

Suman, M.P., recommends to the House, the consideration of the Bill under clause (3) of

article 117 of the Constitution.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

(a) "dealer" means a person engaged in the business of purchase or sale of

drugs, whether as a wholesaler or retailer and whether or not in conjunction with any

other business and includes his agent;

(b) "distributor" means a distributor of drugs or his agent and includes a stockist

appointed by a manufacturer or an importer for stocking his drugs for sale to a dealer;

and

(i) all medicines for internal or external use of human beings and all

substances intended to be used for, or in the diagnosis, treatment, mitigation, or

prevention of any disease or disorder in human beings including preparations

applied on human body for the purpose of repelling insects like mosquitoes;

(ii) such substances, intended to affect the structure or any function of

the human body or intended to be used for the destruction of vermin or insects

which cause diseases in human beings; and

(iii) drugs of all systems of medicine like allopathy, homoeopathy, ayurveda,

unani, siddha.

3. (1) There shall be constituted a Committee to be known as the Drugs (Price Control)

Committee (hereinafter referred to as the Committee) to fix the prices of drugs.

(2) The Committee shall consist of—

(i) the Minister of Health and Family Welfare, Government of India — Chairman,

ex officio;

(ii) three representatives of major hospitals including Government run hospitals

— Members;

(iii) two representatives of drugs industry — Members;

(iv) two representatives of Indian system of medicine — Members;

(v) Secretary to the Government of India, Ministry of Health and Family Welfare

— Member Secretary, ex officio.

4. The Committee shall—

(i) fix the prices of drugs after taking into consideration the costs of

manufacturing, storage, packaging, import of formulation and distribution as well as

profit of manufacturer and such other factors as it may deem necessary;

(ii) promote the use of generic drugs; and

(iii) determine the standard of drugs.

5. No person or a manufacturer or a distributor or a dealer shall sell any drug to any

consumer at a price exceeding the price fixed by the Committee.

6. (1) Whoever contravenes the provisions of this Act shall be punished with

imprisonment for a term which may extend to six months and with fine which may extend to

one lakh rupees.

Definitions.

Constitution

of Drugs

(Price

Control)

Committee.

Functions of

the

Committee.

Penalty.

Prohibition

on selling of

drug at a price

exceeding the

price

determined by

the

Committee.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) Where an offence under this Act has been committed by a company, the license of

such company shall be cancelled forthwith.

Explanation.—For the purpose of this sub-section (2), "company", means any body

corporate, and includes a firm or other association of individuals.

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

for carrying out the purposes of this Act.

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

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

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

expiry of the session immediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or both the Houses agree that the

rule should not be made, the rule shall thereafter have effect only in such modified form or be

of no effect, as the case may be; so, however, that any such modification or annulment shall

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

Power to

make rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECT AND REASONS

Prices of drugs and medicines are on the increase. The prices are increased arbitrarily

by manufacturers and traders. People, especially poor people are affected by the exorbitant

cost of drugs. They are not able to afford the medicines. At present there is no check on the

prices of drugs. Medical practitioners with the lure of money and costly gifts from

manufacturers generally prescribe costly medicines which common man cannot afford. They

should instead prescribe generic drugs.

The Bill seeks to constitute a Committee to—

(i) fix the prices of drugs;

(ii) promote the use of generic drugs; and

(iii) determine the standard of drugs.

The Bill seeks to achieve the above objectives.

NEW DELHI;

ALOK KUMAR SUMAN.

18 November, 2021

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 113 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 on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. After article 44 of the Constitution, the following article shall be inserted, namely,—

"44A. The State shall take steps to control population growth by promoting

small family norms to achieve a stable population."

3. In article 51A of the Constitution, after clause (k), the following clause shall be

inserted, namely,—

"(l) to adopt small family norms and work towards achieving a stable population.".

Short title and

commencement.

Insertion of

new article

44A.

Amendment of

article 51A.

Population

control.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

India is world's second most populous country after China. Aggressive population

control measures have led to a substantial decline in fertility rate in China and, according to

a recent United Nations report, India is slated to become the world's most populous nation in

the next decade.

India has had shown a state-sponsored family planning programme since 1951. Of late,

the programme has shown some results. The total fertility rate (TFR) has fallen from around

6 at the time of independence, to around 2.3. The result of the programme have, however,

been skewed. While the States in the southern part of India and most States in western India

have been receptive to the idea of family planning, many States in the northern parts of the

country, which also account for majority of our population, have not shown encouraging

results. The larger States like Uttar Pradesh, Madhya Pradesh and Bihar still continue to

have a high fertility rate nearing 3. So much so, that the gains of achievement of other States

in population control have largely been neutralized by the rise in population in these States.

The benefits of collective efforts of nation building have been squandered by rise in

population which is evident from economic data. India's per capita Gross Domestic Product

in 1998 was $413 and it has grown to about $2016 in the year 2018. However, during this

period our population is estimated to have grown from 1 billion to 1.4 billion. If we had a

stable population during this period, the per capita GDP would have been higher by another

forty percent. Certainly, a rising population limits the ability of the State to provide better

quality of life to its citizens, since a large chunk of national income is spent on maintaining

the existing facilities.

It is, therefore, essential that a more focussed approach is adopted, even if it requires

a change of strategy. Towards this end, the Bill seeks to insert a new directive principle in

Part IV of the Constitution enjoining upon the State to take all steps to control population

growth by promoting small family norms and achieve a stable population. The Bill also makes

it a fundamental duty for citizens to adopt small family norms and work towards a stable

population of the country.

The Bill seeks to achieve the above objectives.

NEW DELHI;

NISHIKANT DUBEY.

22 November, 2021

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 99 OF 2022

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

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

follows:—

1. This Act may be called the Indian Penal Code (Amendment) Act, 2022.

2. After section 379 of the Indian Penal Code, 1860, the following sections shall be

inserted, namely:—

"379A. (1) Whoever, with the intention to commit theft, suddenly or quickly or

forcibly seizes or secures or grabs or takes away from any person or from his possession

any moveable property, and makes or attempts to escape with such property, is said to

commit snatching.

(2) Whoever, commits offences of snatching under sub-section (1) shall be

punished with rigorous imprisonment for a term which shall not be less than five years

but which may extend to ten years, and shall also be liable to fine of rupees twenty five

thousand.

379B. Whoever, in order to commit snatching, or in committing the snatching,

causes hurt or wrongful restraint or fear of hurt; or after committing the offence of

snatching, causes hurt or wrongful restraint or fear of hurt in order to effect his escape,

shall be punished with rigorous imprisonment which shall not be less than ten years

but which may extend to fourteen years, and shall also be liable to fine of rupees

twenty five thousand."

45 of 1860.

Short title.

Insertion of

new sections

379A and

379B.

Snatching.

Snatching with

hurt, wrongful

restraint or

fear of hurt.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Statistics show that there has been a multi-fold increase in the cases of snatching in

the country. Every incident of snatching poses a threat to the law and order situation in the

area and also affects the freedom of movement of people after a certain time in the evening.

Some parts of the country have become notorious for their snatching incidents. This is

emblematic to a larger crisis and has kept the police on edge.

Snatching is one of the worst forms of street crimes and measures must be taken to

control their occurrence. The present law is unclear and does not apply uniformly throughout

the country. Therefore, there is a need to have a single law with stringent punishment for the

snatchers. The snatchers are mostly repeat offenders who have benefitted from the ill equipped

legal system of the country.

This Bill draws inspiration from Haryana which saw a drop in the cases of snatching

after they introduced a specific section in Indian Penal Code for snatching with increased

punishment. In the end, we all desire and aim for a safe environment for the men and women

of our country with the freedom to roam on the streets without fear.

Hence, this Bill.

NEW DELHI;

NISHIKANT DUBEY.

22 November, 2022

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 116 OF 2022

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

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 Indian Penal Code (Amendment) Act, 2022.

(2) It shall come into force at once.

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

for the words "shall be punished with imprisonment of either description for a term which

shall not be less than ten years but which may extend to imprisonment for life, and with fine",

the words "shall be punished with death or rigorous imprisonment for life, and with fine

which shall not exceed rupees fifteen lakh" shall be substituted.

3. In the Code, in section 326 B, for the words "shall be punished with imprisonment

of either description for a term shall not be less than five years but which may extend to

seven years, and shall also be liable to fine", the words "shall be punished with rigorous

imprisonment of either description for a term which shall not be less than ten years but which

may extend to fourteen years, and shall also be liable to fine which shall not exceed rupees

five lakh" shall be substituted.

Short title and

commencement.

Amendment of

section 326A.

Amendment of

section 326B.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Acid attacks are becoming a growing phenomena which has a specific dimension in

India. Laxmi's case is an example of what normally occurs in acid attack cases. The acid

throwing is an extremely violent crime by which the perpetrator of the crime seeks to inflict

severe physical and mental suffering on the victims. It is often motivated by deep seated

jealousy or feelings of revenge against women. An acid attack has long lasting consequences

on the life of the victim who faces a perpetual torture, permanent damage and other problems

for rest of her life. Victims normally feel worthless, afraid and mortified and become social

outcast because of the appearance.

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

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

offence of acid attack was tried under various sections of the Indian Penal Code and no

estimates of figures of such attacks were available. The Criminal Law (Amendment) Act, 2013

inserted new section 326A and 326B in the Indian Penal Code and made specific offences of

grievous hurt by use of acid and throwing or attempting to throw acid etc.

It is contended that even if the victims are willing to pursue a normal life, there is no

guarantee that society itself will treat them as normal beings given their appearance and

disability after attack. Therefore, the penalties proposed in the Indian Penal Code is insufficient

and needs amendments for more rigorously punishing the perpetrators of these attacks and

for monetary and economic rehabilitation of the victim of the attack.

The Bill proposes to enhance the quantum of penalty for acid attacks under sections

326A and 326B of the Indian Penal Code. It is expected that such stringent measures will curb

acid attacks on women.

Hence, this Bill.

NEW DELHI;

NISHIKANT DUBEY.

22 November, 2021

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 25 OF 2022

A Bill to provide for the protective measures with need based rehabilitation and

welfare to be undertaken by the Government for the distressed, infirm,

neglected, and disowned widows by providing financial assistance,

pension, medical care, housing and other facilities through a Welfare Board to such

widows 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 Widows (Protection and Welfare) Act, 2022.

(2) It extends to the whole of India.

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

Short title,

extent and

commencement.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

(a) "disowned widow" means a widow who has been deserted or thrown out of

household by her relatives to fend for herself and who has no means to support her

and her dependent children, if any;

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

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

(d) "distressed" in relation to a widow means any widow who lives uncared for

and has become inform due to old age or chronic or incurable disease, physical deformity

or mental imbalance and who has no independent and adequate means of livelihood

for her and her dependent children, if any;

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

(f) "widow" means a legally married women whose husband has died.

3. (1) The Central Government, shall, as soon as may be, but not later than six months

from the commencement of this Act, by notification in the Official Gazette, establish a Board

to be known as the Widows Welfare Board for carrying out the purposes of this Act.

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

succession and a common seal, with power to acquire, hold and dispose of property, both

movable and immovable and to contract and shall by the said name sue and be sued.

(3)The headquarter of the Board shall be at Chalakudi in the State of Kerala and the

Board shall establish its branches in all other States and Union territories at conspicuous

places as the Board may deem fit and necessary.

(4)The Board shall consist of:—

(a) the Union Minister of Women and Child Development who shall be the

chairperson ex-officio;

(b) a Deputy Chairperson, preferably a woman with such qualifications and

experience, as may be prescribed, to be appointed by the Central Government;

appointed by the Central Government;

(d) ten women Members from both the Houses of the People and the Council of

States, to be nominated by the respective Presiding Officers of each House;

(e) six members representing Union Ministries of Women and Child

Development, Home Affairs, Education, Health and Family Welfare, Finance and Social

Justice and Empowerment;

(f) not more than eight members to be appointed by the Central Government in

consultation with the Governments of the States, by rotation in alphabetical order, to

represent the Governments of the States;

(g) two members to be appointed by the Central Government from amongst the

registered non-Governmental Organisations (NGOs) working for the welfare of

distressed widows, or single women, as the case may be.

Definitions.

Establishment

of the Widows

welfare Board.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(5)The salary and allowances payable to, and other terms and conditions of the Deputy

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

(6) The Board shall follow such procedure for holding its meetings and the quorum for

such meetings shall be such, as may be prescribed.

(7) The Board shall have a Secretariat consisting of a Member Secretary and such

number of officers, and employees as may be prescribed.

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

Member Secretary, officers and employees shall be such as may be prescribed.

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

being in force, the Board shall promote and implement such protective and welfare measures

as it thinks appropriate, including rehabilitation for the distressed widows who are in dire

need of such measures.

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

shall,—

(a) maintain district-wise register of the abandoned, disowned and distressed

widows covered under this Act who are to be rehabilitated and are in need of assistance

from the Board with such particulars and details and in such manner as may be

prescribed;

(b) collect and get verified the antecedents of every widow covered under this

Act to assess her need for assistance in such manner as may be prescribed;

of abandoned, disowned or distressed widows covered under this Act;

(d) give wide publicity through electronic and print media about the welfare and

rehabilitation measures being undertaken by the Board to enable the women covered

under this Act to avail them; and

(e) perform such other functions not inconsistent with the provisions of this

Act, as may be assigned to it by the appropriate Government from time to time.

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

a Fund to be known as the National Distressed Widows Rehabilitation and Welfare Fund

with an initial corpus of rupees fifty thousand crore for carrying out the purposes of this Act.

(2) The Fund shall be administered by the Board in such manner as may be prescribed.

(3) The Fund established under sub-section (1) shall consist of all receipts from—

(a) the Central Government and Governments of the States and Union territories and

their institutions and organisations;

(b) body corporates, both public and private sector and Banks and financial institu-

tions both domestic and foreign; and

6. (1) On the recommendation of the Board or otherwise, the appropriate Government

shall provide the widows covered under this Act, the following facilities, namely:—

(a) monthly subsistence allowance of not less than fifteen thousand rupees if

the widow is having any dependent children and not less than ten thousand rupees in

case she has no dependent children to support;

(b) residential accommodation free of cost wherever necessary;

Functions of

the Board.

Facilities to be

provided by the

appropriate

Government.

Constitution

of National

Distressed

Widows

Rehabilitation

and Welfare

Fund.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

may be required;

(d) free education to the dependent children as per their talent including higher,

medical, engineering and education in such manner as may be prescribed;

(e) gainful employment as per the physical condition after imparting vocational

training wherever possible;

(f) financial assistance for rehabilitation like self - employment wherever required;

(g) free legal aid in case the widow has been thrown out or abandoned by her

kith and kin; and

(h) such other facilities, as may be necessary for the rehabilitation, welfare,

proper development, regaining her lost status in the family and for maintaining a

respectable life in the society:

Provided that if a widow covered under this Act either gets married, remarried, gainfully

employed or taken back by her kith and kin in the family, the facilities being provided to her

shall be withdrawn by the appropriate Government.

(2) The costs incurred by the appropriate Government on providing the facilities

under this Act to the widows covered under this Act shall be defrayed from the Rehabilitation

and Welfare Fund established under section 5.

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

in any custom prevalent any widow covered under this Act shall:—

(a) not be evicted or thrown out of the house of the in-laws or parents, as the

case may be or where such widow was last residing;

(b) be entitled to inherit the property or her share of jointly owned property from

her in-laws or parents, as the case may be; or

abandon the widow.

8. (1) The appropriate Government shall establish such number of hostels at

conspicuous places in various parts of its territorial jurisdiction as it may deem necessary for

boarding and lodging of abandoned and disowned and distressed widows covered under

this Act with necessary facilities of daily life as may be prescribed.

(2) The appropriate Government shall also provide necessary free medical aid and

medicines and means of entertainment for the residents of the hostels established under

sub-section (1):

Provided that widows living in such hostels shall not be entitled to maintenance

allowance.

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

this behalf, provide the requisite funds to the State Governments, Union territories and the

Board, from time to time for carrying out the purposes of this Act.

10. The Board shall prepare an Annual Report in such form and in such manner, as may

be prescribed, of its activities in implementing the provisions of this Act and submit it to the

President of India who shall cause the report to be laid before both the the Houses of

Parliament along with action taken thereon by the Central Government as soon as it is

received.

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

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

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

removing the difficulty:

Protective

provisions.

Establishment

of hostels.

Central

Government

to provide

requisite

funds.

Annual report

to the Board.

Power to

remove

difficulty.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

commencement of this Act.

12. 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.

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

law for the time being applicable to the widows covered under this Act.

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

for carrying out the purposes of this Act.

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

each House of the State Legislature while it is in session for a total period of thirty 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 successive sessions aforesaid

both Houses agree in making any modification in the rule or both Houses agree that they

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 such rule.

Act to have

overriding

effect.

Act to

supplement

other laws.

Power to make

rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

In our country, world's second most populous nation, there are millions of unfortunate

and helpless women who lose their husbands during their lifetime and become widows.

More than fifty per cent of these widows are old, infirm suffering from various diseases,

physical deformity or mental imbalance particularly belonging to poor and middle class

families who live uncared for and neglected by their near and dear ones and most of them are

without independent and adequate means of livelihood and roof over their heads. It is very

common that when a widow does not have any permanent source of income or livelihood she

is driven out of her in-laws home or even from her parental home. Their problems increase

manifold due to poverty and other compelling reasons where they have no other option but

to go for begging for survival and many such widows can be seen begging in the streets and

public places. Several women who become widows in their youth. Many of such widows

work as housemaids and take up other jobs for survival. Many widows take shelter in old age

homes but their number is lawfully very short. Their miseries increase when they have

dependent children to support and bring up. They too need protective umbrella.

It is therefore imperative to establish an authority to exclusively take care of such

widows throughout the country.

Hence, this Bill.

NEW DELHI;

BENNY BEHANAN.

26 November, 2021

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the establishment of the Widows Welfare Board.

Clause 5 provides for the establishment of National Distressed Widows Rehabilitation and

Welfare Fund with initial corpus of rupee fifty thousand crore to be provided by the Central

Government. Clause 6 provides for financial assistance and other facilities for widows.

Clause 8 provides for establishment of hostels. Clause 9 makes it mandatory for the Central

Government to provide requisite and adequate funds for carrying out the purposes of this

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

India. Apart from the initial corpus of rupees One Hundred crore , it is estimated that a sum of

rupees Thirty Six crore may involve as recurring expenditure per annum.

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

——————

MEMORANDUM REGARDING DELEGATED LEGISLATION

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

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

legislative power is of a normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Constitution (Fifty-Second) Amendment Act, 1985 inserted the Tenth Schedule

into the Constitution of India. Also known as the Anti-Defection Law, it was enacted to

curtail the instability in the legislature caused due to continued defection.

In the last 37 years, the Tenth Schedule has attempted to reduce the occurrences of

defection. As the political environment of India has evolved with time, it has become essential

to strengthen the Constitution to make it more adept in countering the new-found challenges

caused due to the Law.

At present, an inherent drawback of the Schedule is the restriction it places on the

freedom of expression of Legislators. Over time, the scope of the Law has expanded to curtail

their autonomy of thought. It has disincentivised Legislators from discussing matters of

public importance in the House and effectively performing their duties.

Dr. B.R. Ambedkar, in his speech to the Constituent Assembly of India on 4 November,

1948, had differentiated between the Parliamentary and Presidential system of Government.

While substantiating India's position to adopt the former, he identified a trade-off in a

democracy between stability and responsibility of the Legislature. He believed that India

requires a system of continuous accountability over stability. At present, the Anti-Defection

Law threatens the accountability, and in the long run, the stability of our legislative system.

Once repealed, the Tenth Schedule shall create room for a more responsible, productive,

and efficient legislative system that respects the mandate of the people. It will pave the way

for Legislators to remain accountable only to their constituents and the people of India,

without fear or favour from political parties.

The Bill, therefore, seeks to amend the Constitution with a view to provides for a

complete repeal of the Tenth Schedule to the Constitution.

Hence, this Bill.

NEW DELHI;

JAYANT SINHA.

16 February, 2022

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 110 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 on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In article 72 of the Constitution, after clause (1), the following clause shall be

inserted, namely:—

"(1A) Nothing in this article shall apply to the punishment or sentence of any

person convicted of any offence under the Protection of Children from Sexual offences

Act, 2012 (Act No. 32 of 2012).".

Short title and

commencement.

Amendment of

article 72.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

At present under article 72 of the Constitution any convicted person may approach

the President to grant pardons, reprieves, respites or remissions of punishment or to suspend,

remit or commute the sentence. However, the need is to restrict accused persons convicted

for an offence under Protection of Children from Sexual offences Act, 2012 (POCSO Act) from

the scope of article 72 of the Constitution.

The exercise of the power by the President under article 72 is primarily a matter for his

discretion and the courts would not interfere with his actual decision on the merits.

The power of President is independent of judiciary. Moreover all the convicts regardless

of their crime have the right to request for mercy is illogical, disgrace, injustice and

incompatibility with a civilized society.

Once President of India had also suggested that rape convicts under the POCSO Act

should not have the right to file a mercy petition. In fact, the President called for an amendment

to the Constitution with regards to mercy petitions. I recommended that there should be an

amendment to the Constitution with regards to mercy petition. In my opinion, people

convicted under the POCSO Act should not be allowed to come under the ambit of mercy

petition. There should be no mercy for rapists. These kind of incidents shocked the whole

nation.

The truth of the matter is that law is made for man. Justice is much more than mere

codes and precedents. There are occasions when justice and humanity demand that mercy

be shown in the matter of sentence. For that purpose article 72 is included in the Constitution.

But a convicted person found guilty of an offence under POCSO Act shall in no case deserve

a special relief under the Constitution. Justice and humanity demand that mercy be felt to the

victim also. It will be the only humanitarian move.

The Bill seeks to achieve the above objectives.

NEW DELHI;

HIBI EDEN.

11 March, 2022

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 122 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. This Act may be called the Constitution (Amendment) Act, 2022.

2. In article 81 of the Constitution for the words, "subject to the provision of article

331", the words, "subject to the provisions of article 331 and 330A", shall be substituted.

3. After article 330 of the Constitution, the following article shall be inserted,

namely:—

"330A. Notwithstanding anything in article 81, the President may, if he is of

opinion that the LGBT community is not adequately represented in the House of the

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

People.".

Short title.

Amendment of

article 81.

Insertion of

new article

330A.

Representation

of the LGBT

community in

the House of

the People.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

4. In article 170 of the Constitution, for the words, "subject to the provisions of

article 333", the words, "subject to the provisions of article 333 and 333A", shall be

substituted.

5. After article 333 of the Constitution, the following article shall be inserted,

namely:—

"333A. Notwithstanding anything in article 170, the Governor of a State may, if

he is of opinion that the LGBT community needs representation in the Legislative

Assembly of the State and is not adequately represented therein, nominate one member

of that community to the Assembly."

6. In article 366 of the Constitution, after clause (15), the following clause shall be

inserted, namely:—

"(15A) 'LGBT community' means a group of person belonging to lesbian, gay,

bisexual, transgender.".

Amendment

of article 170.

Insertion of

new article

333A.

Representation

of the LGBT

community in

the Legislative

Assemblies of

the States.

Amendment

of article 366.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The representation of lesbian, gay, bisexual, and transgender (LGBT) people in

Lok Sabha, and Legislative Assemblies is yet to be made. There is an established literature

arguing that the representation of minorities in legislative forums improves the realization of

their policy preferences and the position of the group within the country as a whole. However,

LGBT communities has been left behind in such representation.

If the inclusion of LGBT persons in legislature happens it will be an indicator of the

strength of democracy. Without some visible inclusion of the faces and voices of the

historically marginalized sections, it is unlikely that the interests of such groups will be at the

forefront of decision makers' minds.

The path for right to representation for LGBT group needs a combination of courage

and political wisdom. There is clear evidence to suggest that the inclusion of marginalized

groups is correlated with policy benefits for that group. The presence of LGBT persons in

legislative forums aids in breaking down intolerance and in building alliances that cut across

pre-existing cleavages within society.

Hence, this Bill.

NEW DELHI;

HIBI EDEN.

11 March, 2022

—————

FINANCIAL MEMORANDUM

Clause 2 of the Bill seeks to insert a new article 331A to the Constitution with a view to

provide representation of LGBT community in the House of the People.

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

of India. It is estimated that about rupees five crore will be incurred per annum from the

Consolidated Fund of India.

No non-recurring expenditure is likely to be involved.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 179 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 on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In article 324 of the Constitution,—

(a) for clause (2), the following clauses 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, in consultation with the Committee of Appointments, from time

to time, fix.

(2A) The appointment of Chief Election Commissioner, Election Commissioners and

Regional Commissioners shall, subject to the provisions of any law made in that behalf by

Parliament, be made by the President on the recommendations of a Committee consisting

of,—

(i)

the Prime Minister

—

Chairperson;

(ii)

the Union Home Minister

—

Member;

Short title and

commencement.

Amendment

of article 324.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(iii)

the Leader of the Opposition in the Council of States

—

Member;

(iv)

the Leader of the Opposition in the House of the People

—

Member;

(v)

the Chief Justice of Supreme Court

—

Member;

(vi)

two senior most puisne judges of Supreme Court of

India to be nominated by the Chief Justice of India

—

Member;

Explanation.—For the purposes of this clause, "the Leader of the Opposition in the

House of the People" or "the Leader of the Opposition in the Council of States" shall, when

no such leader has been so recognized, include the Leader of the single largest group in

Opposition of the Government in the House of the People or the Council of States, as the

case may be.

(2B) Notwithstanding any law made in that behalf by the Parliament, the term of office

of the Chief Election Commissioner and Election Commissioners under clause (2) and Regional

Commissioners under clause (4) shall be six years and three years from the date of assuming

office, respectively:

Provided that after their retirement the Chief Election Commissioner, Election

Commissioners or the Regional Commissioners shall not be eligible for appointment to any

office under the Government of India, State Governments or under the Constitution;".

(b) in clause (4), for the words, "after consultation with Election Commission",

the words "on the recommendation of the Committee " shall be substituted; and

"(5) Subject to the provisions of any law made by Parliament, the conditions of service

of the Election Commissioners and the Regional Commissioners shall be such as the President

may by rule determine:

Provided that the Chief Election Commissioner, Election Commissioners and Regional

Commissioners 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, Election Commissioners and Regional Commissioners shall not be varied to

their disadvantage after their appointment.".

3. After article 328 of the Constitution, the following article shall be inserted,

namely:—

"328A. (1) The regulation, monitoring and superintendence of internal

functioning including but not limited to internal election of all registered political

parties under the Representation of the People Act, 1951 shall be vested in the Election

Commission.

(2) The Election Commission shall regulate, monitor and superintend the internal

election of registered political parties under clause (1) in accordance with their respective

constitutions until a Model Internal Code is prescribed by the Election Commission:

Provided that it shall incumbent on all registered political parties to incorporate Model

Election Code into their respective constitutions after formulation by the Election

Commission.

(3)If any registered political party fails to comply with the advisories, duration and

instructions issued by the Election Commission with regard to their internal functions, the

recognition of such political party as a State or National may be withdrawn including any

other action as the Election Commission deems fit under section 16A of the Election Symbols

(Reservation and Allotment Order), 1968, as the case may be.".

Election

Commission

to regulate,

monitor and

superintend

the election of

registered

political

parties.

Insertion of

new article

328A.

43 of 1951.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The framers of the Constitution of India made a giant leap of faith when they

incorporated universal adult suffrage into the design of India's founding document and

enshrined it in article 326 of the Constitution.

In 1947 India's literacy rate was only twelve per cent. in other words eighty-eight per

cent. of India was illiterate. What this decision meant was that all Indian citizen's irrespective

of caste, colour, creed, sex, place of birth or any other disability including illiteracy would

henceforth be qualified to participate in the great Indian democratic experiment that was set

to unfold in 1952.

With every election since 1952 our democracy has deepened and got more broad

based. In 1988 the voting age was lowered to eighteen years. By the 73rd and 74th amendment

to the Indian Constitution, Parliament institutionalized democracy at the third tier or at the

grass root level.

However there remains a very serious infirmity in the functioning of India's democratic

model and that is the functioning of political parties that underpin our democratic edifice.

The internal functioning and structures of an overwhelming number of these political parties

are very opaque and ossified. There is a need to make their functioning transparent,

accountable and rule based. At the last count there are 2858 political parties registered with

the Election Commission of India. Out of these 8 are national parties, 54 are State parties and

2797 are unrecognised parties. On the 13th of August, 1996 the Election Commission had

issued a circular to all political parties registered with it whether national, State or unrecognised

that they must hold regular elections in accordance with their respective constitution. Under

Section 29-A of the Representation of People's Act 1951 the Commission has the powers to

While the Election Commission of India has superintendence, direction and control of

elections under Part XV of the Constitution of India it has repeatedly argued before various

Courts of Law that this does not extend to the supervision or superintendence of internal

elections and functioning of political parties. This bill seeks to provide the Election

Commission of India with the necessary wherewithal to regulate, monitor and superintend

the internal functioning of all political parties registered with and withdraw recognition as

national or State parties and to take such appropriate action under section 16-A of the

Election Symbols (Reservation and allotment order) 1968 if they fail to comply with the

directions of the Commission with regard to their internal functioning.

There is growing concern with regard to the independence and autonomy of the

Election Commission. To maintain the impartiality and integrity of the Commission, it has

become imperative that the Chief Election Commission and such other Election Commissioners

as are deemed necessary be appointed by a Panel consisting of the Prime Minister of India,

Union Home Minister, Leader of Opposition or Floor Leader in Lok Sabha, Leader of Opposition

or Floor Leader in Rajya Sabha and Chief Justice of India and two senior most puisne judges

of the Supreme Court of India.

It is also pertinent that the Chief Election Commissioner, Election Commissioners shall

be given a fixed term of six years and the Regional Commissioners fixed term of three years

from the dates of their respective appointments. They should not be removed from office

except in accordance with the procedure laid down for the removal of a Supreme Court Judge.

Also, after retirement they should not be eligible for any reappointment to any office under

the Government of India, State Governments and the Constitution.

This is the second wave of Democratic Reforms that India requires.

The Bill seeks to achieve the above objectives.

Hence, this Bill.

NEW DELHI;

MANISH TEWARI.

4 July, 2022

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 160 OF 2022

A Bill to establish an appropriate policy framework for the protection and rehabilitation

of internally displaced climate migrants and for all matters connected therewith and

incidental thereto.

WHEREAS the Constitution requires all persons to be treated in a fair and just manner

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

AND WHEREAS, climate change has been argued to be a critical factor accelerating all

other drivers of forced displacement;

AND WHEREAS there is a need to assess and acknowledge the role of climate change

in internal migration;

AND WHEREAS there is a need to ensure welfare of persons displaced in the context

of disasters and climate change;

AND WHEREAS the Union of India is signatory to the UN Guiding Principles on

Internal Migration (1998) which lists principles related to protection from displacement and

during displacement, humanitarian assistance, return, resettlement and reintegration;

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

practices, policies and standards applicable to climate migrants in India.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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 Climate Migrants (Protection and Rehabilitation)

Act, 2022.

(2) This extends to the whole of India.

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

in the Official Gazette, appoint.

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

(a) "Authority" refers to the National Climate Migration Authority established

under clause 4;

(b) "climate induced factors" refers to climate extremes, natural disasters and

extensive risks associated with climate change including extreme and erratic fluctuations

of the natural flow in downstream of rivers;

community who have been permanently or temporarily,—

(i) forcibly displaced due to climate induced factor; or

(ii) evacuated by government on account of untenable and risk prone

habitats; or

(iii) who migrate voluntarily due to worsened living conditions and

livelihood opportunities on account of climate events, slow onset or quick onset,

from their area of habitual residence as a result of disasters or stress caused by

climate induced factors or slow-onset climatic processes;

(d) "climate migration" includes processes of displacement, migration and planned

relocation;

(e) " Fund" refers to the Climate Migration Fund set up for the climate migrants

under section 6;

(f) "slow onset climate change events" includes but not limited to increased

aridity and recurrent droughts of varying degrees, desertification, sea-level rise, glacial

melt, coastal and riverine erosion, extreme and erratic fluctuations in rainfall patterns

and waterflows;

(g) "migration" refers to internal migration wherein persons move under the

responsibility of their own state, without crossing borders and are not seeking

protection from a third country or at the international level;

(h) "natural disasters" refers to flood, drought, cyclone, landslide, avalanche,

erosion (coastal and riverine), earthquakes; and

(i) ''prescribed'' means prescribed by rules made under this Act.

3. The Central Government shall, as soon as may be but within one year of the

commencement of this Act and in consultation with the Governments of the States, formulate,

a National Policy for addressing climate-induced migration for the welfare of the climate

migrants in terms of protection, relief and rehabilitation, uniformly throughout the country.

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

Gazette, establish an authority to be called the National Climate Migration Authority for

carrying out the purposes of this Act.

(2) The Authority shall be inter-ministerial agency consisting of representatives of

members concerning various departments of the Central Government including but not

limited to Ministry of Forest, Environment and Climate Change, Ministry of Home Affairs,

Short

title,

extent

and

commencement.

Defnitions.

Establishment

of the

National

Climate

Migration

Authority.

National

policy for

Climate

Migration.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Ministry of Labour and Employment, Ministry of Rural Development, Ministry of Women

and Child Development, Ministry of Agriculture, Ministry of Law and Justice, Ministry of Jal

Shakti and Ministry of Housing and Urban Affairs to be appointed by the Central Government

in such manner as may be prescribed.

(3) The State Governments shall establish inter-departmental Climate Migration

Authorities at the state level across India to provide for the seamless protection and

rehabilitation of climate migrants.

(4) The State Governments shall establish sub-district level Migration Facilitation

Centres to identify, document and monitor all in-bound and out-bound climate migration to

and from the respective areas.

(5) Each State Authority will be tasked to prepare action plans, lay down guidelines for

lower authorities and other government departments, coordinate the enforcement and

implementation of the plans, recommend provision of funds for its activities, including

prevention, mitigation and rehabilitation of climate migrants as may be prescribed.

5. (1) It shall be the duty of the Authority to promote and undertake by such measures

as it thinks fit or deem necessary, prevention, preparedness, adaptation and mitigation

measures with regard to climate migration.

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

referred to therein may provide for,—

(A) monitoring and assessing risk of climate migration including:—

(a) continued monitoring and assessment of risk at the community and agency

level to inform preventive an containment steps and mitigate harm to the habitat and

communities including conducting community risk assessments periodically in climate

migration hotspots in order to analyse and evaluate risk, vulnerability and priorities of

the community concerned, advance planning and mitigation;

(b) incorporating and strengthening existing systems including strengthening

forecasting mechanisms by investing in technology and research to simulate the effects

of different climate events on different areas and communities and identify climate

migration hotspots.

monitor slow onset events including but not limited to rising temperatures,

desertification, depletion of groundwater table, loss of bio-diversity, land and forest

degradation, glacial retreat, sea-level rise and coastal erosion, ocean acidification,

salinization of land and groundwater, and changes in river flow patterns;

(d) incorporating advance early warning systems, standard operating procedures

and operational frameworks prepared by the Disaster Management Authorities for holistic

approach to dealing with displacement due to sudden events including but not limited to

cyclones, landslides, floods, earthquakes, volcanic eruptions and forest fires.

(B) prevention and mitigation of climate migration including—

(a) using MGNREGS and other public works programs to strengthen infrastructure

development in the said hotspots in order to prevent or reduce the speed of onset of

climate change events;

(b) incorporating adaptive measures related to agriculture, land and water use

techniques and livelihood diversification options among residents of said hotspots in

order to prevent or reduce the speed of onset of climate change events;

to less water intensive crops and rain water harvesting;

(d) risk reduction in the form of state sponsored crop and cattle insurance and other

similar social protection schemes to be made available to those living in the said hotspots;

Functions of

the Authority.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(e) investment in sustainable infrastructure and preparation of inclusive policies

towards making cities more resilient to climate change in order to sustain the large

influx of migrant population.

(f) investment in temporary shelters through MGNREGS, other public works

programmes and other funds as allocated in order to provide safe, accessible and

sustainable shelter to climate migrants in case of sudden events.

(g) preparation of contingency plans for communities residing in areas which

cannot be adapted to in the foreseeable future due to existing changes in climate such

as riverine areas, low lying coastal areas and others, to be built only after rigorous

consultation and complete involvement of the to-be displaced community.

(h) ensuring that resettlement areas for climate migrants are not in migration

hotspots and that resettlement plans should not disrupt the ecological balance and

social harmony of the pre-existing host community.

(a) providing climate migrants with temporary shelter arrangements maintaining

basic living standards, security and sanitary provisions including potable water, and

sufficient and hygienic toilet facilities;

(b) providing climate migrants in temporary shelters with sufficient nutrition

including cooked food, dry ration and cooking fuels as per the capacity and

infrastructure of the said shelters;

essential medicines, to be accessed by all residents of the temporary shelter without

any discrimination and absolutely free of any charges, and facilitating transfer of

individuals requiring additional medical facilities to the nearest public hospital capable

of providing required care at the earliest;

(d) ensuring temporary shelters basic safety, security and privacy provisions for

women and children, including but not limited to presence and accessibility of female

response personnel at all times, sufficient communication infrastructure, and frameworks

to address complaints related to gender based violence in said shelters as per existing laws;

(e) arranging mental health support at said temporary shelter including but not

limited to psychological counselling and access to trained medical professional and

social worker, on account of psychological stress that is likely in the aftermath of a

climatic event;

(f) effective monitoring and vigilance in coordination with district authorities,

labour departments and local police to prevent cases of debt bondage, forced labour

and child labour among displaced migrants;

(g) providing temporary certificates to climate migrants for identification and

continued registration with the existing social protection delivery systems;

(h) providing adequate loss and damage in lieu of damages caused and losses

incurred due to the onset of the climatic event including but limited to direct cash

transfers, land grants and housing support;

(D) resettlement, rehabilitation and re-integration of climate migrants including—

(a) registration of climate migrants with special focus on those who have lost

valid government issued identification certificates in order to ensure seamless delivery

of social protection schemes and until such process is complete, temporary certificates

to be provided during relief operations to act as sufficient document for accessing

welfare schemes including but not limited to Mahatma Gandhi National Rural

Employment Guarantee Scheme, Public Distribution System, childcare, pension, cash

transfers and other social protection schemes.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(b) facilitating return of climate migrants to the affected area if it is found to be fit

and sustainable for their long-term habitation, the assessment of which area to be

done in consultation with and active participation of the community.

settlement as part of the aforementioned process, the said plan shall be made only after

rigorous consultation and complete involvement of the displaced community and

should not disrupt the ecological balance and social harmony of the pre-existing host

community.

(d) providing alternative to climate migrants who depended on land, forest,

water commons or other natural commons including but not limited to pastoralists,

peasants, fishing community and tribal communities through means including but not

limited to land grants, aid in the form of livestock, access to waterbodies, forests and

other natural commons.

(e) extending re-skilling opportunities and livelihood diversification support to

all climate migrants as well as proactive linkage of said migrants with existing

government policies for livelihood diversification, skill development and employment;

(f) providing for climate migrants to avail employment guarantee under Mahatma

Gandhi National Rural Employment Guarantee Act as a means for income generation as

well as an effective investment in the re-development of affected areas or new

development in resettlement areas;

(g) facilitating enrolment of climate migrants of school going age in available

public schools in resettlement areas at any time of the year, including access to remedial

classes to address any learning gap that may emerge due to the migration process;

(h) facilitating rehabilitation of children who lose their parents due to climate

disasters and/or in the climate migration process, as per existing laws and policies; and

(i) coordination with local authorities to facilitate registration of resettled climate

migrants to the area's electoral rolls in order to guarantee their civil and political rights.

6. The Central Government shall as soon as may be, by notification in the Official

Gazette, establish a fund to be known as the Climate Migration Fund for the purposes of this

Act with initial corpus of rupees one thousand crore to be provided by the Central Government

by due appropriation made by law by Parliament in this behalf and thereafter the Central

Government, State Governments and employers shall contribute to the Fund to such extent

and in such manner as may be prescribed.

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

law for the time being in force.

8. If any difficulty arises in giving effect to the provision of this Act, the Central

Government may by a notified order, 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:

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

of commencement of this Act.

9. (1) The Central Government, in consultation with the State Governments, may by

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